Cap. 504 Art. 58Procedure for subsidiaryplanand policies. Review of Subsidiary Plan or policy.

(1) In the preparation or review of a subsidiary plan or policy, the procedure set out in this article shall be followed with respect to the said plan or policy.

(2) Where the Authority prepares a subsidiary plan or policy or review thereof as aforesaid, it shall seek the Minister’s approval in terms of the following procedure:

(a) during the preparation or review of a subsidiary plan or policy, the Authority shall make known to the public the matters it intends to take into consideration and shall provide adequate opportunities for individuals and organisations to make representations to the Authority;

(b) when the subsidiary plan or policy or a revision thereof has been prepared, the Authority shall publish the plan or policy together with a statement of the representations it has received and the responses it has made to those representations. The Authority shall invite representations on the plan or policy to be submitted to it within a specified period of not less than six weeks; where in such a subsidiary plan or revision thereof it is proposed that any land be excluded from a development boundary as indicated in a local plan, the Authority shall publish in the Gazette and in two local daily newspapers a notice showing the land that is to be excluded: Provided that where minor modifications not affecting the substance of a planning policy are being proposed, the said period shall be a period of not less than three weeks;

(c) the Authority shall adopt the subsidiary plan or policy after taking into consideration all the representations submitted to it as aforesaid;

(d) the Authority shall refer the subsidiary plan or policy to the Minister. It shall also forward to the Minister:

(i) the statement of representations;

(ii) the responses and amendments it has made as a result of those representations;

(iii) a precise indication of all other amendments it has made to the plan or policy; and

(iv) all the relative documentation and studies in relation to the preparation of the subsidiary plan;

(f) the Authority shall adopt the subsidiary plan or policy after taking into consideration all the representations submitted to it as aforesaid and shall refer the subsidiary plan or policy to the Minister for his approval. It shall also forward to the Minister:

(i) the statement of representations;

(ii) the responses and amendments it has made as a result of those representations;

(g) where the Minister agrees with the subsidiary plan he shall approve it as submitted by the Authority and the Authority shall upon such approval publish the same together with the statements, responses, documentation and studies referred to in paragraphs

(d) and (f);

(h) where the Minister does not agree with the subsidiary plan as adopted by the Authority in accordance with paragraph (f), he shall prepare a position statement stating his proposed changes or his reactions to the Authority’s subsidiary plan and shall refer back the subsidiary plan to the Authority together with his position statement; where in such a subsidiary plan or revision thereof it is proposed that any land be excluded from a development boundary as indicated in a local plan, the Authority shall publish in the Gazette and in two local daily newspapers a notice showing the land that is to be excluded;

(i) where the Authority does not agree with the Minister following the referral back to it of the subsidiary plan by the Minister, it shall draw up a position statement and shall refer it back to the Minister;

(j) the Minister shall then issue a final position statement. He shall forthwith communicate it to the Authority;

(k) the Authority shall forthwith amend the subsidiary plan in accordance with the Minister’s final position statement and submit the same for the Minister’s final approval;

(l) Upon such approval by the Minister, the Authority shall publish the subsidiary plan together with its own position statements and those of the Minister together with the advice of the Tribunal given in terms of paragraph (n), if any, and together with the statements, responses, documentation and studies referred to in the preceding paragraphs;

(m)* where the subsidiary plan or any part thereof extends

*this paragraph is not yet in force. provided that those parts of the subsidiary plan that do not extend the scope of or are not in conflict with the Strategic Plan for the Environment and Development shall come into force on the date of approval by the Minister; (n)* if doubt arises as to which procedure should be followed in respect of a subsidiary plan or as to whether a subsidiary plan or a position statement extend the scope of, or are in conflict with, the substance of the structure plan, the matter may be referred at any time by the Authority or by the Minister to the Tribunal, provided that where the Authority is of the opinion that the Minister’s final position statement extends the scope of or is in conflict with the substance of the Strategic Plan for the Environment and Development, it may refer the matter to the Tribunal within one month from the date of receipt of the Minister’s final position statement. The Tribunal shall rule within one month from the date of referral to it of the matter as to which procedure shall apply and the decision of the Board shall be final.

59.† (1) Every subsidiary plan or policy shall be reviewed as frequently as may be necessary or as may be made necessary by a review of the structure plan: Provided that subject to the provisions of sub-article (3), a local plan may not be reviewed before the lapse of two years from its last review unless such review is necessitated by a review of the structure plan: Provided further that in the case of a partial review of the local plan, the above-mentioned two-year moratorium shall only apply to that part of the plan forming part of the partial review.

(2) Where as a result of such a review the Authority proposes to alter a plan or policy in any significant respect, or where it is proposed that a plan or policy be withdrawn, any such proposal shall be subject to the same procedures, and shall be treated, as a new plan or policy.

(3) Minor modifications not affecting the substance of a local plan may be carried out by the Authority at any time either on its own motion when it considers to do so in the interests of proper planning of the area or following a minor modifications application submitted to it by any person. Modifications shall not be considered to be minor when they would alter the general thrust of the plan or affect a development boundary indicated in a local plan.

(4) For the purpose of sub-article (3), the following shall be

*this paragraph is not yet in force. †this article is not yet in force.

(i) changes in height limitations; and

(ii) changes in zoning of a site which is not designated for the purpose of development.

(5) Where the Authority is considering a minor modification in terms of sub-article (4)(a), the provisions of article 68 shall apply mutatis mutandis to such a modification.

(6) Where the Authority is considering a minor modification in terms of sub-article (4)(b), it shall follow the following procedure:

(a) where the proposal for such a minor modification originates from the Authority itself, it shall comply with the provisions of article 58(2);

(b) where the proposal for such a minor modification originates in a minor modifications application, the Authority shall publish such proposal and invite representations on the said application within a specified period of not less than six weeks. The Authority shall then decide the application after taking into consideration all representations submitted to it. The provisions of article 49(4) and (5) shall also apply.

(7) No appeal from a decision concerning a minor modifications application shall lie to the Tribunal.