S.L. 552.13 · Development Planning (S.L. 552.13)
S.L. 552.13 Art. 3Screening. Cap. 551.
(1) The applicant must always request the Executive Chairperson to conduct screening of any development falling under Schedule 1, which screening shall be carried out in consultation with the external consultees: Provided that the applicant may opt to submit an outline development application instead of a screening request.
(2) The applicant may not request the Executive Chairperson to conduct screening of any development whenever:
(a) a separate outline development application has been submitted;
(b) a valid outline development permission has been issued;
(c) a summary procedure application has been submitted as established in Schedule 2;
(d) such development falls outside the provisions of Schedule 1.
(3) When the applicant has, in terms of sub-regulation (1), requested the Executive Chairperson to conduct screening of the development proposed, the Executive Chairperson shall, within two weeks, inform the applicant and the of any additional initial perit submission requirements. If the applicant fails to comply with the requirements indicated in the notification within twelve weeks, the screening request shall be deemed tacitly withdrawn by the applicant.
(4) The screening process shall be finalised within eight weeks from the submission of a request in full by the applicant and the applicant and the shall be informed of the respective date. perit
(5) The Executive Chairperson shall notify the applicant and the with a screening letter which will include all or any of the perit following:
(a) a reference to those major issues, policies and regulations with which the proposed development does not conform, namely considerations relating to demolition, land-use zoning, height limitation, constraints, environment, enforcement, and other issues, policies and regulations directly relating to the principle of the development;
(b) additional submissions, studies, assessments and documentation required;
(c) the fees and contributions which shall be payable to the Authority in accordance with the provisions of regulations relating to fees and contributions;
(d) a date within which the development application has to be submitted in accordance with the requirements set out in the screening letter, which date shall not be more than twenty-six weeks and which period may be extended by the Executive Chairperson at the request of the applicant:
Provided that unless the requirements of the screening letter are complied with within the twenty-six weeks or within the period as extended by the Executive Chairperson, the screening request shall be deemed tacitly withdrawn by the applicant.
(6) For the purposes of the provisions of the Environment and Planning Review Tribunal Act, only the items mentioned in sub-regulation (5)(b) and (c) shall be construed as a decision of the Authority and it is only on such decisions that the applicant may lodge an appeal therefrom before the Tribunal. The appeal shall be filed in accordance with the provisions of the Environment and Planning Review Tribunal Act. In the case of an appeal before the Tribunal, the terms established in accordance with the provisions of sub-regulation (5)( ) shall commence to run from the date of the final d determination of the appeal.
(7) Where the applicant, not having lodged an appeal in terms of sub-regulation (6), and after having paid the fees and contributions payable to the Authority, formally requests the validation of the application without full submission of the requirements set out in the screening letter, the application will be validated and shall be referred for refusal on the basis of lack of information.
(8) Where a screening request has been made and the development application as submitted is not compiled as stated in regulation 4(2), including all outstanding fees and contributions, the Executive Chairperson shall within two weeks from submission inform the applicant and the that the development application perit is not compiled in full. The Executive Chairperson shall allow a term not exceeding two weeks from the date of such notification within which the applicant shall comply to enable the validation of the application. The Executive Chairperson may extend the period of submissions provided such extensions in aggregate do not exceed eight weeks from date of submission of application. If the applicant fails to comply within the extended period, the development application and its accompanying documentation shall not be validated and no further consideration shall be given to such a development application by the Executive Chairperson, which application shall be deemed as tacitly withdrawn by the applicant.