Town and Spatial Planning Law no. 90 of 1972

No. 90 of 1972 REPUBLIC OF CYPRUS THE TOWN AND COUNTRY PLANNING LAW, 1972 ( E,z~Lish translation prepared at the Ministry of justice) NICOSIA TOWN AND COUNTRY PLANNING LAW,1972 ARRANGEMENT OF SECTIONS Section 1. Short title. Part !.-PRELIMINARY 2. Interpretation. Part IL-PLANNING AUTHORITY 3. The Minister. 4. Planning Authority. 5. Delegation of functions of the Minister. 6. Orders etc., by the Minister. Part 111.-THE ISLAND PLAN 7. Preparation of survey and Island Plan, and date of operation of the Island Plan. 8. Purposes of the Island Plan. 9. Review of the Island Plan. Part IV.-LOCAL PLAN AND AREA SCHEMES 10. Local Plans. 11. Purposes, form etc., of Local Plan. 12. Planning Authority for Local Plan Area. 13. Area Schemes. 14. Review of Local Plans and Area Schemes. 15. Amendment of Local Plans and Area Schemes. 16. Local Plans and Area Schemes prepared by local authorities. 17. Delegation of functions by the Minister. 18. Publication of Local Plan and Area Scheme, objections thereto and approval thereof. 19. Conflict between development plans. Part V.--DEVELOPMENT - PLANNING CONTROL Planning permission. 20. Meaning of " development " 21. Planning permission. Section 22. Development Order. 23. Applications for planning permission. 24. Notice of application for planning permission and representations. 25. Determination of applications for planning permission. 26. Planning decision to have regard to development plans etc. 27. Supplementary provisions as to applications for planning permission. 28. Effect of planning permission. 29. Register of applications for planning permission. 30. Reference of applications for planning permission to the Minister. 31. Administrative recourse against planning decisions. 32. Administrative recourse in default of planning decision. 33. Review of planning decisions where compensation claimed. 34. Supplementary provisions as to review of planning decisions. 35. White Zones. Revocation or modification of planning permission. 36. Power to revoke or modify planning permission. Additional powers of control. 37. Orders requiring discontinuance of use or alteration or removal of buildings or works. 38. Preservation Orders. 39. Tree Protection Orders. ,:o. Control of :-1dvertisements. 41. Application for planning permission not needed for advertisements. 42. Proper maintenance of waste immovable property etc. 43. Agreements regulating development or use of immovable property. Supplementary Provisions. 44. Applications to determine whether planning permission required. 45. Right of judicial recourse. Part VI.~ENFORCEMENT OF PLANNING CONTROL Enforcement when planning permission required. 46. Power to serve enforcement notices. 47. Administrative recourse to Minister against enforcement notice. 48. Penalties for non-compliance with enforcement notice. 49. Execution by Planning Authority of work required by enforcement notice. 50. Supplementary provisions as to enforcement notices. 51. Effect of planning permission on enforcement notice. 5:?. Enforcement notice to have effect against subsequent development. Section Enforcement of control under section 42. 53. Penalty for non-compliance with notice served under section 42. 54. Execution by Planning Authority of work required by notice given under section 42. 55. Supplementray provisions as to notices served under section 42. Enforcement in other cases. 56. Enforcement of Orders made under section 37. 57. Enforcement of Tree Protection and Preservation Orders. 58. Enforcement of control of advertisements. 59. Enforcement in relation to delegated authority. Part VII.--COMPULSORY ACQUISITION OF IMMOVABLE PROPERTY AND PROVISIONS RELATED THERETO 60. Compulsory acquisition of immovable property. 61. Supplementary provisions as to amount of compensation. 62. Sale of immovable property compulsorily acquired to the former owner thereof. 63. Disposition of immovable property compulsorily acquired where the object for which it was acquired is not achieved. 64. Re-acquisition of immovable property disposed of. 65. Power to override easements and other rights. 66. Displacement of persons from immovable property compulsorily acquired. Part VIII.-COMPENSATION Claims for, and payment of, compensation. 67. Determination of compensation. 68. Compensation and manner of determination thereof. 69. Exclusion or limitation of compensation in certain cases. 70. No compensation if certain other development permitted. 71. Further limitation of compensation. 72. Supplementary provisions as to the amount of compensation. 73. Persons to whom compensation is payable. 74. Payment of compensation. Miscellaneous provisions as to compensation m certain cases. 75. Compensation in respect of Tree Protection and Preservation Orders. 76. Compensation for restrictions on advertising. 77. Compensation in respect of Orders under section 37. 78. Compensation where planning permission revoked or modified. 79. Application of section 78 to special cases of refusal or conditional grant of planning permission. Part IX.-BETI'ERMENT CHARGE Section 80. Levying of betterment charge. Part X.-MISCELLANEOUS PROVISIONS 81. Power of entry. 82. Power to Planning Authority to enter into agreements with owners restricting use of immovable property. 83. Financial provisions. 84. Application and adaptation of certain prov1s1ons. 85. Construction of the Streets and Buildings (Regulation) Law and suspension of certain provisions thereof. 86. Regulations. 87. Offences. 88. Date of commencement. 89. Repeal of the Display of Advertisements (Control) Law. No. 90 of 1972 A LAW TO PROVIDE FOR TOWN AND COUNTRY PLANNING, FOR REGULATING THE USE AND CONTROLLING AND PROMOTING THE DEVELOPMENT OF IMMOVABLE PRO PERTY AND FOR MATTERS CONNECTED THEREWITH OR I :\TC! DENTAL THERETO. (8th December, 1972.) The House of Representatives enacts as follows : 1. This Law may he cited as the Town aml Country Planning Law, Short title. 1972. PART I.- PRELIMINARY 2. --(1) ln thi ; Lal\, unless the context otherwise requires " advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the preceding pro visions of this definition) includes any hoarding or similar structure used, or adapted for use, for the display of advertisements, and any reference to the display of advertisements shall be construed accordingly; "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (inc~Aing any creature kept for the production of food, wool, skins or fur, or for the purp<1sc of its use in the farming of land), t~ llse of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and " agricultural " shall he construed accordingly ; Interpre tation. "ancient monument" has the meaning assigned to that expression Cap. 31. hy the Antiquities Law ; 48 ol 1964. '' application for determination " has the meaning assigned to that expression hy subsection (2) of section 44 ; " the appointed day ", in relation to this Law or to any provision of this Law. means the date fixed in accordance with section 88 for the coming into operation of this Law or of the relative provision of this Law, as the case may be ; \\ " Area Scheme "has the me:ming assigned to that expression hy section p3; " building" includes any structure or erection of whatever material, any caravan, any tent, and any part of a building, hut does not include plant or machinery comprised in a building; "building operations" include~ ~demolition, re-building operations, structural alterations of, or additions or repairs to, buildings, and other operations normally carried out by a person carrying on business as a builder; (7) Cap. 244. 3 of 1960 78 of 1965 10 of 1966 75 of 1968 51 of 1971. 8 " buildings or works " includes waste materials, refuse and other matters deposited on immovable property, and reference to the erection or construction of buildings or works shall be construed accordingly ; "clearing", in relation to immovable property, means the removal of buildings or materials from the immovable property, the levelling of the surface of the immovable property, and the carrying out of such other operations in relation thereto as may be prescribed ; "Court" means a Court of competent jurisdiction ; " delegated authority" means any person, body or authority exercising functions of the Minister delegated to that person, body or authority under this La\\· ; " determination " has the meaning assigned to that expression by subsection (2) of section 44 ; " development " has the meaning assigned to that expression by section 20 and " develop " shall be construed accordingly ; " Development Order " has the meaning assigned to that expression by section 22 ; "development plan" includes an Island Plan, a Local Plan and an Area Scheme and any such plan as amended ; " disposition " means disposition by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other manner, except by way of appropriation, gift or mortgage, and " dis pose of " shall be construed accordingly ; "enactment" includes any Public Instrument; "enforcement notice" has the meaning assigned to that expression by section 46 ; "engineering operations" includes the laying out and construction of roads and the formation or laying out of means of access to roads ; "erection ", in relation to a building, includes extension, alteration and re-erection ; "existing development " means any development complying with the 1 provisions of section 21 and any development completed in accordance with a planning permission duly granted and registered and complying with any conditions attached thereto, and "existing building" and "existing use" shall bi:; construed accordingly ; " fence " includes any hoarding, paling or any other material used as such and also banks and walls ; " functions " includes pmYers and duties ; "General Development Order" means such Order as 1s referred to in paragraph (a) of subsection (2) of section 22 ; "immovable property" has the meaning assigned to that expression by section 2 of the Immovable Property (Tenure, Registration and Valu ation) Law; " Island Plan " has the meaning assigned to that expression by section 7 and includes a reference to that Plan as amended in accordance with section 9 ; 9 "Joint Board" has the meaning assigned to that e;pression by section 12 ; "local authority" has the meaning assigned to the expression "appro priate authority " in the Streets and Buildings (Regulation) Law or any law amending or substituted for the same ; " Local Plan " has the meaning assigned to that expression by section 10, and includes a reference to that Plan as amended in accordance with section 15 ; "means of access" includes any means of access, whether private or public, for vehicles or for foot passengers, and includes also a street ; "the Minister" has the meaning assigned to that expression by section 3; " minerals " includes all materials of economic value forming part of, or derived naturally from, the crust of the earth, including mineral oil, pitch, asphalt and natural gas, but not minerals whilst in solution, or trees, timber and similar kinds of forest produce ; "open space" means any immovable property laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground ; "owner", in relation to any immovable property, means the person registered or entitled to be registered in the books of the District Lands Office as the owner thereof ; "Planning Authority" has the meaning assigned to that expression by section 4 ; " planning decision " means a decision made to permit or to refuse to permit development under Part V or to permit development with or \\'ithout conditions, and includes a decision made to grant a temporay planning permission, or to make a determination or to give a notice under section 28 ; "planning permission" means permission under Part V with or without conditions and "planning permission subject to conditions" includes a temporary planning permission ; " prescribed " ( except in relation to rnattern expressly required or autho rized by this Law to be prescribed in some other way) means prescribed by Regulations or an Order or Direction, made or given under this Law ; "Preservation Order'' has the meaning assigned to that expression by section 38 ; " Regulations" means Rt'gulations made under this Law ; " road " means any road, whether private or public, and includes any street, square, parade, court, alley, lane, bridge, footway, bridle-path. passage or highway, whether a thoroughfare or not and whether existing or proposed in any plan, and includes any pavement, ditch or culvert, sub1vay, fly-over and tunnel ; "Special Den·loprnent Order" is ~uch Order as is referred to in para graph (b) of subsection (2) of section 22 ; " temporary planning permission" has the meanmg assigned to that expression by subsection (4) of section 25 ; Cap. 96. 14 of 1959 67 of 1963 6 of 1964 65 of 1964 12ofl969 38 of 1969. The Minister. Planning Authority. 10 " Tree Protection Order" has the meaning assigned to that expression by section 39 ; " use", in relation to immovable property, does not include the use of immovable property for the carrying out of any building or other opera tions thereon ; "value", in relation to any immovable property, means the amount that such property is expected to realize if sold in the open market by a willing seller ; "White Zone " has the meaning assigned to that expression by section 35. (2) For the purposes of this Law, development of immovable property shall be taken to be initiated (a) if the development consists of the carrying out of operations, at the time when those operations are begun ; (b) if the development consists of a change in use, at the time when the neYv use is instituted ; (c) if the development consists of both the carrying out of operations and a change in use, at the earlier of the times mentioned in the preceding paragraphs. (3) For the avoidance of any doubt, where, under any provision of this Law, the value of an interest in immovable property is required to be assessed on the assumption that planning permission would be granted for development of any class, that assumption is to be made on the footing that any such development must comply with the provisions of any enact ment, other than this Law, which would be applicable thereto. (4) Reference in this Law to any enactment shall, except where the context othenvise requires, be construed as reference to that enactment as may be amended by or under any other enactment, including this Law. PART II.--PLANNING AUTHORITY 3.-(1) The Minister for the purposes of this Law shall be the Minister of Finance in so far as Part III is concerned, and shall be the Minister of the Interior elsewhere, and the expression "the Minister" in this Law shall be construed accordingly, and shall include any person, body or autho rity authorized by the Minister to exercise his functions under this Law. (2) In the preformance of his functions under this Law the Minister shall consult with any Committee set up by decision of the Council of Ministers for the purpose, any other Minister in relation to any matter affecting the functions of that Minister, any person, body or authority specified to be consulted in this Law or in Regulations made thereunder, and may also consult with any other persons with special knowledge on any matter on which the Minister shall deem it expedient to obtain advice. 4.-(1) Subject to the provisions nf this Law, the Planning Authority shall be the Minister or any delegated authority, as the case may he. (2) Notwithstanding any other provision of this Law, the Council of Ministers shall, for the better carrying out of the purposes of this Law, by Regulations establish a Board. Such Regulations shall provide for, inter alia, the name of the Board, its functions, the number of its members II appointed by the Council of Ministers and the qualifications of the persons tC> J:? ~appointed and, generally, for the structure and functioning of the ,Boarcl ,J Such Regulations may also provide that all or any functions of the Minister under this Law may be delegated to the Board, or that the Board shall be the Planning Authority under this Law in which case all the functions of the Minister under this Law may be vested in, and be exercised by, the Board. 5. -(1) Subject to the provisions of this Law, the Minister may, and shall if so required by the Council of Ministers, delegate to any person, body or authority the power to exercise any of his functions under this Law. Such delegation may be made to different persons, bodies or authorities in respect of different areas or in respect of the exercise of different func tions. (2) Such delegation shall be made by Order made by the Minister and published in the official Gazette of the Republic. Delegation of functions of the Minister. 6. In the exercise of his functions under this Law the Minister shall Orders be empowered to make snch Orders and give such Directions as he consi- etc., by the Minister. ders necessary or desirable to achieve the purposes of this Law. Part III.-THE ISLAND PLAN 7.-(l) The\1Yfj11istcr. of Fina~~;1shall, with all reasonable speed, carry out a survey of the Repub[c and make a report of the survey and, there after, prepare and submit to the Council of Ministers for approval a plan (in this Law referred to as " the Island Plan "). (2) After approval of the Island Plan by the Council of Ministers, the Minister shall publish in the official Gazette of the Republic a Notice stating that the Island Plan has been approved and is open to inspection at such place in each district and in such manner as the Minister may specify in the Notice. (3) Subject to the provisions of this Law as to review and amendment of the Island Plan, such Plan shall become operative on the date on which the Notice required by subsection (2) is published. 8. The Island Plan shall indicate the general policy to be followed in promoting and controlling development and, without prejudice to the gene rality of the foregoing, may indicate the Government's intentions relating to the use of immovable property in the Republic including the location of population, industry and commerce, tourism, the pattern of transport ation of public services, the definition of areas of special social, historic, architectural or cultural interest or natural beauty and other matters of more than local importance. 9.-(1) The Island Plan shall be kept under constant review by the Minister and shall be the subject of a report by him to the Council of Ministers at intervals not greater than one year. (2) The report shall include such proposals for amendment to the Island Plan as the Minister considers to be desirable. (3) The Island Plan shall be amended as the Council of Ministers may from time to time decide. Preparation of survey and Island Plan, and date of operation of the Island Plan. Purposes of the Island Plan. Review of the Island Plan. 12 (4) Notice of any amendment of the Island Plan made in accordance with a decision of the Council of Ministers shall be published in the same manner as the Notice of the approval of the Plan and the date of operation of the Island Plan as so amended shall be similarly determined. Part IV.--LOCAL PLAN AN"D AREA SCHEMES Local Plans. 10.-(1) The Minister may, and shall if so required by the Council of Purposes, form etc., of Local Plan. Ministers, carry out a survey of any area and prepare a plan (in this Law referred to as a " Local Plan ") in respect of such area, in accordance with, and subject to, the provisions of this Part and any Regulations made under this Law. (2) Such area (in this Law referred to as a " Local Plan Area ") shall be defined by reference to a map. 11.-(1) The purposes of a Local Plan shall be to secure orderly deve lopment in the interests of the health, amenity, convenience and general welfare of the community, to indicate the general principles upon which development in the area will be promoted and controlled, to guide the selection of, or to define, sites for particular purposes, whether by the carrying out of development thereon or otherwise, to protect features or areas of social, historical or architectural importance, to safeguard routes for highways, pipelines and other services, and to indicate the stages by which development should he carried out. (2) Every Local Plan shall have regard to the aims and purposes of the Island Plan. (3) Subject to the provisions of any Regulations made under this Law for regulating the form and content of Local Plans, any Local Plan shall include such maps and such descriptive matter as may be necessary to illustrate the proposals in question with such degree of particularity as may be appropriate to different parts of the Local Plan Area and shall specify the population for which the Plan is to make provision and shall indicate the proposed general use zones for land and buildings and the communications necessary both to protect such zones and serve them ; and any such plan may in particular define the sites of and access to proposed roads, public and other buildings and works, airfields, parks, pleasure grounds, nature reserves and other open spaces, or allocate areas for use for residential, agricultural, industrial, commercial, tourist or other pur poses of any class specified in the Plan. (4) Without prejudice to the generality of subsection (3), provision may he made in a Local Plan for matters relating to, inter alia (a) (i) the distance between buildings, the distance between buildings and boundaries and the distance between buildings and the centre of any road ; (ii) in respect of building sites, the proportion or ratio of land that may be covered by any buildings ; (iii) the minimum size of building sites ; (iv) the height of buildings ; (v) the floor area of buildings; 13 (vi) the extent of immovable property to be laid out and exclusively reserved for the parking of vehicles and for the creation of public parking places ; ( b) the reservation of sites for new roads ; (c) the stopping up of any existing road; ( d) the population density in any area ; (e) the allocation of sites for public open spaces. 12.-(1) Subject to the povisions of this Part, the Minister shall be Planning responsible for the preparation of the Local Plan : Authority for Local Provided that, in preparing or amending the Local Plan, the Minister Plan Area. shall consult a Hoard (in this Law referred to as "the Joint Board") which shall consist (a) if the Local Plan Area is situate wholly in the area of a single local authority, of a number of members determined by the Council of Ministers, representing such local authority and appointed by it ; ( b) if the Local Plan Area is situate in the area of more than one local authority, of a number of members determined by the Council of Ministers, representing the respective local authorities hereinbefore mentioned and appointed by them; (c) in either case, of from three to five other members appointed by the Council of Ministers, being persons with special knowledge or otherwise capable of having a valid opinion on the subject. (2) The Chairman of the Joint Board shali be elected by the Board from among its members. The Joint Board shall regulate its own meetings and proceedings, including the quorum. 13. The Minister may prepare detailed proposals (in this Law referred to as an " Area Scheme ") for any part of a Local Plan Area or for any other area, and the preceding provisions of this Part shall apply in relation to any such Scheme as they apply in relation to a Local Plan. Where any area covered by an Area Scheme prepared by the Minister is within the area covered by a Local Plan such Scheme shall form part of such Local Plan. 14.-(1) Local Plans and Area Schemes shall be kept under constant review by the Minister and shall be the subject of a report published by him, in such manner as the Council of Ministers may determine, at inter vals not greater than five years. (2) Such report shall include such proposals for amendment to any Local Plan and any Area Scheme as the Minister considers to be desirable. 15. Any Local Plan and any Area Scheme shall be amended as the Minister may from time to time direct, and a Local Plan shall be deemed to have been amended by any Area Scheme to the extent to which the latter differs from the Local Plan. 16.-(1) Without prejudice to the prov1s1ons of this Part, any local authority may at any time, and shall if so required by the Minister, pre pare and submit to the Minister any Local Plan or any Area Scheme in respect of the area, or any part of the area, of such local authority, and the Minister may adopt any Local Plan or Area Scheme so submitted to Area Schemes. Review of Local Plans and Area Schemes. Amendment of Local Plans and Area Schemes. Local Plans and Area Schemes prepared by local authorities. Delegation of functions by the Minister. Publication of Local Plan and Area Scheme, objections thereto and approval thereof. 14 him, either without modification or with such modifications as he considers expedient, or may refuse to adopt it. Any Local Pian or Area Scheme adopted by the Minister under this section shall be deemed to have been made by him. (2) Without prejudice to the provisions of this Part, any local authority may at any time, and shall if so required by the Minister, submit to the Minister proposals for such alterations or additions to any Local Plan or Area Scheme in respect of the area of such local authority or of any part thereof as appear to it to be expedient, or as may be required by the Minister, as the case may be ; and the Minister may amend the Plan or Scheme in question to such extent as he considers expedient having regard to those proposals and to any other material considerations. 17. Subject to such conditions and requirements or restrictions as he may specify, the Minister may, by Order, delegate to any person, body or authority, the duty of preparing any Local Plan and thereafter its review. Any Plan prepared under such delegated powers shall be required to be submitted to the Minister in accordance with the terms of the Order and the Minister may reject any such Plan or may approve it either without modification or subject to such modifications as he considers appropriate. Upon notice being given of the Minister's approval of any Plan submitted to him in accordance with this section the Plan shall, for the purposes of this Law, be deemed to be a Plan made by the Minister and, subject to his powers of delegation, its review shall be his responsibility. 18.-( 1) Before preparing or amending any Local Plan or Area Scheme or adopting or approving any such Plan or Scheme submitted to him under section 16 or section 17, the Minister shall take into consideration the views of the Joint Board consulted by him under the provisions of this Part. (2) Upon preparing or amending any Local Plan or Area Scheme or adopting or approving any such Plan or Scheme submitted to him under section 16 or section 17, the Minister shall deposit a copy of such Plan or Scheme at the District Town and Country Planning Office of the dis-1 trict in which the area comprised within such Plan or Scheme is situateL and shall publish, as in subsection (3) provided, a Notice to the effect that the Plan or Scheme has been prepared, amended, adopted or approved, as the case may be, and that a copy thereof has been deposited as aforesaid and shall be open to inspection, at all reasonable times, by any interested person. (3) The Notice referred to in sub-section (2) shall be (a) published in the Official Gazette of the Republic ; (b) published in at least two local newspapers ; and ( c) posted on the notice boards or other conspicuous places of the District Office and the District Town and Country Planning Office of the district in which the area comprised within the Local Plan or Area Scheme is situate and, if any part of a municipal area is included therein, of the office of the Municipality con cerned. (4) Within forty-two days of the publication of the Notice referred to in sub-section (3) in the official Gazette of the Republic, reasoned objec tions on specific grounds may be made in writing to the Minister by interested persons. 15 (5) On the expiration of the period specified in sub-section (4), the Mi nister shall proceed with all possible speed to examine any objections made as provided in that sub-section and shali then submit to the Council of Ministers the Local Plan or Area Scheme, any objections so made and, if such be the case, any views of the Joint Board which disagree with any proposals or other matter comprised in such Plan or Scheme, together with such observations on the objections and views, if any, hereinbefore men tioned and such recommendations as the :Minister may deem fit to make. (6) Upon receipt of the documents submitted thereto under sub-section (5), the Council of Ministers may, after due consideration of all such do cuments, approve the Local Plan or Area Scheme, with or without modi fications, or refuse to approve the same, as the Council of Ministers may deem fit. (7) Where a Local Plan or Area Scheme has been approved, whether with or without modifications, by the Council of Ministers under the pro visions of sub-section (6), a copy thereof shall be deposited at the District Town and Country Planning Office of the district in which the area com prised within such Plan or Scheme is situate, there to remain open to inspection, at all reasonable times, by any interested person ;and a Notice to that effect shall be published by the Council of Ministers in the official Gazette of the Republic and in such other manner, if any, as the Council of Ministers may determine. (8) Subject to the provisions of this Law as to review and amendment of a Local Plan or Area Scheme, any such Plan or Scheme approved by the Council of Ministers shall become operative on the date on which the Notice provi<led by sub-section (2) was published in the official Gazette of the Republic, except as to any modifications thereof effected under sub section (6), in respect of which it shall become operative on the date on which the l\' otice provided by sub-section (7) is published in the official Gazette of the Republic. 19. Where at the same time and relating to the same area there are in existence two or more development plans, in case of conflict between the apparent intentions embodied in those plans, the provisions of the plan to the larger scale shall prevail. Part V. --DEVELOPMENT -- PLANNING CONTROL Planning Permission. 20.-(1) In this Law, except where the context otherwise requires, "de velopment" means, subject to the following provisions of this section, the carrying out of building, engineering, mining or other operations in, on, over or under immovable property, or the making of any material change in the use of any building or other immovable property. (2) For the avoidance of any doubt, for the purposes of this section development shall include (a) the use as two or more separate dwelling houses of any building previously being a single dwelling house, irrespectively of whether any such change of use necessitates any construction or not ; (b) the deposit of refuse or waste materials on immovable property, notwithstanding that the immovable property is comprised in a site already used for that purpose, if either the superficial area Conflict between develop ment plans. Meaning of "develop ment''. Planning permission. Develop ment Order. 16 of the deposit is thereby extended, or the heigt of the deposit is thereby extended and exceeds the level of the immovable pro perty adjoining the site ; (c) without prejudice to any provisions of any law in force for the time being or of any Regulations made under this Law relating to the control of advertisements, the use for the display of adver tisements of any external part of a building which is not normally used for that purpose ; (d) the division of any immovable property into separate sites ; (e) the demolition of any building; (/) the laying out of any street. 21. Subject to the subsequent provisions of this section, as from the appointed day it shall be unlawful to commence any development of im movable property unless a planning permission authorizing that develop ment has been granted by the Planning Authority: Provided that in neither of the following cases shall the development of any immovable property be prevented or affected if a permit for such development granted in accordance with the provisions of any other law subsists on the appointed day and the holder of such permit submits an application for planning permission in accordance with this Law (a) in the case of development not yet commenced, within three months of the appointed day ; (b) in the case of development already commenced, within three months of the appointed day. 22,-{l) The Minister may, by Order to be published in the official Gazette of the Republic (in this Law referred to as a " Development Order"), grant planning permission for development specified in the Order or for any class of development so specified, notwithstanding that no application for such permission may have been made. (2) A Development Order may be made (a) as a general Order applicable (subject to such exceptions as may be specified therein) to all immovable property (in this Law refer red to as a " General Development Order ") ; or ( b) as a special Order applicable to only such immovable property as may be so specified or applicable to all immovable property situate in only such areas as may be so specified or to only such immovable property as may be so specified and is situate in such areas as may also be so specified (in this Law referred to as a " Special Development Order"). (3) Planning permission granted by a Development Order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the Order. ( 4) Without prejudice to the generality of sub-section (3) (a) where planning permission is granted by a Development Order for the erection, alteration, addition or repair of any buildings, the Order may require the approval of the Planning Authority to be obtained with respect to the design, the height and the external appearance of the buildings, the provision and exclusive reservation of space for the parking of vehicles, the planting of trees, the distance of any building from the site boundaries or from the centre of any road or proposed road and the siting of any access thereto ; 17 (b) where planning penmss10n is granted by a Development Order for development of a specified class, the Order may enable the Planning Authority to direct from time to time that the permission shall not apply either in relation to any particular area or in relation to any particular development. (5) Any provision of a Development Order whereby perm1ss1on 1s granted for the use of immovable property for any purpose specified in the Order on a limited number of days in a period specified in that pro vision shall (without prejudice to the generality of references in this Law to limitations) be taken to be a provision granting permission for the use of immovable property for any such specified purpose subject to the limita tion that the immovable property shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period. (6) For the purpose of enabling development to be carried out in accordance wnth planning permission, or otherwise for the purpose of promoting proper development, a Development Order may direct that any enactment in force on the appointed day or any Regulation, Order, Bye law or othe Public Instrument made at any time under any such enactment shall not apply to any development specified in the Order, or shall apply thereto subject to such modifications as may be so specified. 23.-(1) In cases where development is not authorized by a planning permission granted by a Development Order made by the Minister, any application for planning permission or for a determination under section 44 shall be made to the Planning Authority in such manner and form as may be prescribed by Regulations or by an Order or Direction made or given by the Minister. (2) Provision may be made by Regulations or Orders for prescribing or regulating the manner in which applications for planning permission or for a determination are to be dealt with, and in particular ( a) for restricting the grant of planning permission during such period as may be prescribed in respect of such development, or in respect of development of such class, as may be so prescribed ; (b) for requiring the Planning Authority, before granting or refusing planning permission for any development, to consult with such authorities or persons as may be prescribed ; (c) for requiring the Planning Authority to give to any applicant for planning permission, within such time as may be prescribed, such notice as may be so prescribed as to the manner in which his application has been dealt with ; (d) for requiring the Planning Authority to give to such person, body or authority as may be prescribed such information as may be so prescribed with respect to applications for planning permission made to the Planning Authority, including information as to the manner in which any application has been dealt with. 24. The Minister may by Order, in any particular case or any class of cases and as respects any area or generally, require notice of any appli cation for planning permission to be served on any person or persons or to be published in such form and manner as may be specified in the Order. (2) In determining any such application for planning permission for development, the Planning Authority shall take into account any repre Applications for planning permission. Notice of application for planning permission and repre sentations. Determin ation of applications for planning permission. 18 sentaitions relating to that application which were received by it within the period specified in the notice and shall publish a notice of its decision in the same manner as notice of the application was published. 25.--(1) Subject to the powers of the Minister under section 30, the Planning Authority may refuse planning permission for any development the subject of an application or may grant permission either unconditionally or subject to conditions. (2) Where planning permission is granted subject to conditions, those conditions shall be an integral part of such planning permission and, subject to the powers of the Planning Authority under section 27, unless those conditions are complied with, the development carried out shall be deemed not to be development for which planning permission has been granted. (3) The conditions which the Planning Authority may impose on the grant of planning permission under sub-section (1) shall be (a) conditions regulating the development or use of any immovable property, whether or not it is the immovable property in respect of which the application was made, or requiring the carrying out of works on any such immovable property so far as this appears to the Planning Authority to be expedient for the purposes of, or in connection with, the development authorized by the permission ; (b) conditions requiring the removal of any buildings or works autho rized by the permission, or the discontinuance of any use of immovable property so authorized, at the end of a specified period, and the carrying out of any works required for the reinstatement of such immovable property at the end of that period' ; (c) conditions requiring trees to be planted or preserved in relation to the development authorized by the permission ; (d) conditions to be complied with precedent to the commencement of development ; (e) any other conditions prescribed by the Council of Ministers by Regulations or Orders made under this Law. (4) Any planning permission granted subject to such a condition as is mentioned in paragraph (b) of sub-section (3) is in this Law referred to as a " temporary planning permission." (5) Where planning permission is granted for development subject to a condition that the development shall be commenced not later than a time specified in the condition and, after the time specified, any development is commenced purporting to be in accordance with that permission, the commencement of that development shall not constitute development for which that permission was granted. (6) Where the Planning Authority deems it expedient, it may grant planning permission authorizing development other than that which was the subject of the application, and may at the same time refuse the grant of the permission applied for. (7) Where any such permission as is referred to in sub-section (6) pur ports to be granted by a delegated authority, the grant of permission shall he of no effect until approved by the Minister. (8) The Planning Authority may, on receipt of a written enquiry accom panied or supported by such particulars or evidence and in complia11ce 19 with the g1vmg of such notices as it may require, issue to the person making the enquiry an expression of the Authority's preliminary views upon such proposals for development as are specified in the enquiry and indications of existing proposals for the making of, or amendment to, any development plan. Such expression of views shall not constitute a planning permission and shall not be binding in law upon the Authority or any of its officers. 26. In arriving at any planning decision under this Law the Planning Authority shall have regard to any provision included in any development plan or any existing proposals for the making of, or amendment to, any development plan, as well as to any other material consideration. Where a Planning Authority intends to grant a planning permission for develop ment not in accordance with any provision included or intended to be included in a development plan, full particulars of the matter shall be submitted to the Council of Ministers which shall give directions as to the terms of any such planning decision. 27.--(1) Any power to grant planning permission under this Law shall include power, on receipt of an application in that regard, to grant per mission for the retention for a further period of buildings or works cons tructed or carried out, or for the continuance of a use of immovable pro perty instituted in accordance with a temporary planning permission, and shall also include power, on receipt of an application in that regard, to discharge a condition or conditions subject to which a planning permission has previously been granted. (2) Except with the assent of the Minister, no application for permission under this section shall be entertained by the Planning Authority if it is received later than three months before the expiry of the temporary plan ning permission. (3) Any permission granted under sub-section (1) may be granted so as to take effect from the end of the period for which the development was authorized by the temporary planning permission. ( 4) References in this Law to planning permissions shall be construed as including permissions granted under sub-section (1 ). (5) For the avoidance of any doubt, no delegated authority shall be taken to be empowered to grant such permissions as those referred to in sub-section (1) in relation or limitations or conditions imposed or attached by the Minister in granting a planning permission. Planning decision to have regard to development plans, etc. Supple mentary provisions as to appli cations for planning permission. 28.~(1) Without prejudice to the provisions of this Part as to the Effect of revocation or modification of planning permission, any grant of planning planning permission to develop immovable property shall, except insofar as the permission. permission otherwise provides, enure for the benefit of the immovable property and of all persons for the time being interested therein : Provided that a planning permission so granted shall expire and be of no effect after the lapse of a period of three years from the date of the notice of the grant thereof or such longer period as may be specified in the said notice, unless within the said three-year or longer period, as the case may be, the development shall have been substantially commenced and be in active progress at the date when the permission was due to expire. (2) In relation to the period referred to in the proviso to sub-section (1 ), it shall not be open to anyone to claim in any proceedings whatsoever Register of applications for planning pennission. Reference of applications for planning permission to the Minister. AJministra ti ve recourse against planning decisions. 20 that the relevant development had been substantially commenced and was in active progress at the date when the permission was due to expire unless a certificate to that effect has been obtained from the Planning Authority on an application made not later than one month before the end of the said period. (3) On the making of such an application as is referred to in sub-section (2) if, within two months of receipt thereof, the Planning Authority has failed to reply to that application, the certificate shall be deemed to have been granted. (4) A certificate granted as in sub-section (2) or deemed to have been granted under sub-section (3) shall operate for extension of the validity of the planning permission concerned for one more year : Provided that the provisions of this section shall apply for a further extension or extensions of the validity of the permission so extended as they apply for extension of its original validity. 29.-(1) The Planning Authority shall keep, in such manner as may be prescribed by a Direction of the Minister, a register containing such information as may be so prescribed in respect of applications for plan ning permission made to that Authority and in respect of planning deci sions. (2) A duly certified copy of an entry in the register shall be evidence of the description of development for which planning permission has been granted and of conditions subject to which planning permission has been granted and generally of the nature of the decision of the Planning Autho rity. (3) Every register kept under sub-section (1) shall be available for inspection by the public at all reasonable times and duly certified copies of entries therein shall be available on payment of fees to be prescribed by Regulations. 30.-(1) The Minister may give Directions reqmrmg any application for planning permission or for approval of matters reserved on the grant of planning permission to be referred to him instead of being dealt with by a delegated authority. (2) A Direction under this section ( a) may be given either to a particular delegated authority or to dele gated authorities generally ; and (b) may relate either to a particular application or to applications of a class specified in the Direction. (3) Any application in respect of which a Direction under this section has effect shall be referred to the Minister for decision in compliance with the terms of the Direction. (4) The decision of the Minister on any application referred to him under this section shall be final, and it shall not be within the powers of any delegated authority to amend, add to or subtract from, or in any way modify, the effect of the Minister's decision. 31.-(1) Where an application is made to a Planning Authority for a planning permission to develop immovable property, or for any approval of that Planning Authority required under a Development Order, and that permission or approval is refused by that Planning Authority or is granted 21 by it subject to conditions, the applicant, if he is aggrieved by the decision, including a refusal of the Authority to specify for the purposes of section 28 on an application made in that behalf a period of time longer than three years, may, by notice under this section, make an administrative recourse to the Council of Ministers. (2) Where an administrative recourse is made under sub-section ( 1 ), the Council of Ministers may allow or dismiss the same, or may reverse or vary any part of the decision, whether the recourse relates to that part thereof or not, and may deal with the application as if it had been made to it in the first instance. 32. Where an application is made to a Planning Authority for planning permission, or for any approval of that Planning Authority required under a Development Order, then, unless within such period as may be prescribed by the Development Order, or within such extended period as may at any time be agreed upon in writing between the applicant and the Planning Authority, the Planning Authority either (a) gives notice to the applicant of its decision on the application ; or ( b) gives notice to him that the application has been referred to the Minister in accordance with a Direction given under section 30, the provisions of section 31 shall apply in relation to the application as if the permission or approval to which it relates had been refused by the Planning Authority and as if notice of its decision had been received by the applicant at the end of the period prescribed by the Development Order or at the end of the said extended period, as the case may be. 33.-( 1) The provisions of this section and of section 34 shall have effect where, in accordance with the provisions of Part VIII, one or more claims for compensation in respect of a planning decision have been made or transmitted to the Minister, and the claim or (if there is more than one) one or more of the claims have or have not been withdrawn. (2) If it appears to the Minister that planning permission could properly be granted ( either unconditionally or subject to certain conditions) for some development of the immovable property in question other than the development to which the application for planning permission related, the Minister may give a Direction that the provisions of this Law shall have effect in relation to that application and to the planning decision (a) as if the application had included an application for permission for that other development, and the decision had included the grant of planning permission (unconditionally or subject to the said conditions, as the case may be) for that development; or ( b) as if the decision had been a decision of the Minister and had included an undertaking to grant planning permission (uncondi tionally or subject to the said conditions, as the case may be) for that development, as may be specified in the Direction. 34.-(1) Before giving a Direction under section 33, the Minister shall give notice in writing of his proposed Direction to the delegated authority to whose decision that Direction relates, and to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision ; and, if so required by the delegated authority or by any such person, the Minister shall afford to each of them an opportunity for making representations. Administra tive recourse in default of planning decision. Review of planning decisions where com pensation claimed. Supple mentary provisions as to review of planning decisions. White Zones. Power to revoke or modify planning permission. 22 (2) In g1vmg any Direction under section 33, the Minister shall have regard to the local circumstances affecting the proposed development, in cluding the use which prevails generally in the case of contiguous or adjacent immovable property, and to any other material considerations. (3) Where the Minister gives a Direction under section 33, he shall give notice of the Direction to the delegated authority to whose decision the Direction relates, and to every person, if any, who made, and has not since withdrawn, a claim for compensation in respect of that decision. 35.-(1) The Minister may from time to time, and shall if so required by the Council of Ministers, issue, in such manner as the Council of Mi nisters may determine, statements of policy by reference to which applica tions for planning permission for development, either generally or of a particular type, are to be considered. (2) Without detriment to the generality of sub-section (1 ), with the object of protecting areas of natural beauty or special character, providing guidance in the choice of sites for development and promoting understanding of the policy of planning control in certain areas the Council of Ministers may issue an Order defining any area (in this Law referred to as a "White Zone ") within which, for the time being, the existing uses are generally to remain unchanged and further building is to be limited generally to that essential to the need~ of thi> :iri>~ with particular reference, as the case may be, to ~griculture, forestry, fishing1 archaeology tourism and the like. (3) An Order defining a White Zone shall refer to a map and shall include a statement of the principles applicable for the time being to the control of development in the particular White Zone. (4) For the avoidance of any doubt, the definition of a White Zone shall not preclude the making of an application for the granting of planning permission in respect of immovable property in the White Zone for develop ment not in accordance with the statement of policy included in the Order. Revocation or modification of planning permission. 36.-(1) Without prejudice to the proviso to sub-section (1) of section 28, if it appears to the Planning Authority that the development of any immovable property for which permission has been granted under this Law wiII seriously affect the proper planning of the area, the Planing Authority may by Order revoke or modify the permission to such extent as it considers expedient. (2) An Order made under this section by a delegated authority shall not take effect unless it is confirmed by the Minister ; and the Minister may reject or confirm any such Order submitted to him and in confirming 3ny Order may make such modifications as he considers expedient. (3) Where the Minister proposes to make or confirm an Order under this section or a delegated authority submits an Order to the Minister for his confirmation under this section, the Minister or the said authority, as the case may be, shall serve notice on the owner and on the occupier of the immovable property affected and on any other person who in the opinion of the Minister will be affected by the Order, and such persons may make representations to the Minister in such manner as may be prescribed. ( 4) Where the Minister has made an Order under this section or where an Order made under this section has been confirmed by the Minister, 23 the Planning Authority shall, in the prescribed manner, serve a copy of the Order on the owner and the occupier of the immovable property to which the Order relates. (5) The power conferred by this section to revoke or modify permission to develop immovable property may be exercised (a) where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed; (b) where the permission relates to a change of the use of any im movable property, at any time before the change has taken place: Provided that the revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has been carried out prior to the making or confirmation of the Order by the Minister. (6) The owner or occupier of the immovable property affected may make an administrative recourse to the Council of Ministers against the making or confirmation of an Order under this section. (7) Where an administrative recourse is made under sub-section (6), the Council of Ministers may allow or dismiss the same, or may reverse or vary any part of the Order against which the administrative recourse has been made. Additional powers of control. 37 .-( 1) If it appears to the Planning Authority that, having regard to the provisions included in the development plan of the area or to any existing proposals for the making of, or amendment to, the development plan of the area as well as to any other material consideration, it is expe dient in the interests of proper planning (including the interests of ame nity) (a) that any use of immovable property should be discontinued, or that any conditions should be imposed on the continuance of a use of immovable property ; or (b) that any buildings or works should be altered or removed, on the ground that such use or such buildings or works, as the case may be, will seriously affect the proper planning of the area, the Planning Authority may by Order require the discontinuance of that use, or impose such con ditions as may be specified in the Order on the continuance thereof, or require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be. (2) Notwithstanding that no application in that behalf has been made, an Order under this section may grant planning permission for any deve lopment of the immovable property to which the Order relates, subject to such conditions as may be specified in the Order. (3) The power conferred by sub-section (2) shall include power to grant, by an Order under this section, planning permission, subject to such conditions as may be specified in the Order ( a) for the retention, on the immovable property to which the Order relates, of buildings or works constructed or carried out before the date on which the Order was submitted to the Minister ; or Orders requiring dis continuance of use or alteration or removal of buildings or works. 24 (b) for the continuance of a use of that immovable property instituted before that date. (4) Any Order made by a delegated authority under this section shall not take effect unless it is confirmed by the Minister, who may make to such Order such modifications as he may consider expedient. (5) The power of the Minister under this section to confirm an Order subject to modification shall include power (a) to modify any provision of the Order granting planning permission, as mentioned in sub-section (2) or sub-section (3) ; (b) to include in the Order any grant of planning permission which might have been included in the Order as submitted to the Mini ster. (6) Where the Minister proposes to make or confirm an Order under this section or a delegated authority submits an Order to the Minister for his confirmation under this section, the Minister or the delegated authority, as the case may be, shall serve notice on the owner and on the occupier of the immovable property affected, and on any other person who in the opinion of the Minister will be affected by the Order, and such persons may make representations to the Minister in such manner as may be prescribed. (7) Where the Minister has made an Order under this section or when an Order under this section has been confirmed by the Minister, the Plan ning Authority shall, in the prescribed manner, serve a copy of the Order on the owner and the occupier of the immovable propetry to which the Order relates. (8) Where the requirements of an Order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the Planning Authority, in so far as there is no other residential accom modation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement of those persons. Preservation 38.--(1) Subject to the provisions of this section, where it appears to Orders. the Minister that it is expedient to make provision for the preservation of any particular building, or any group of buildings, or any area, of a special social, architectural, historic or other interest or character or natural beauty, the Minister may for that purpose make in respect thereof an Order (in this Law referred to as a "Preservation Order"), prohibiting, subject to any exemptions for which provision may be made in such Order, the alteration thereof or any building operations thereon (in this section and in section 57 referred to as "the works ") except with the consent of the Minister and subject to such conditions as may be specified therein. (2) Any Preservation Order under sub-section (1 )~ (a) shall be made in accordance with Regulations made under this Law; ( b) shall specify the particular building, group of buildings or area in respect of which it is made and, in general terms, the special social, architectural, historic or other interest or character or natural beauty thereof ; (c) may provide for the application, in relation to the Minister's consent referred to in sub-section (1) and to applications for such consent, of any of the provisions of this Law relating to planning permission, subject to such adaptations and modifications as may be specified in the Order ; 25 (d) may provide for the steps to be taken by any person for the preservation of any immovable property to which it relates. (3) Where a Preservation Order has been made, the following provisions shall have effect, that is to say ( a) the making of the Preservation Order shall be notified in such manner as may be prescribed ; ( b) objections and representations with respect to such Order may be made by any person aggrieved and submitted in such manner and within such period as may be prescribed ; (c) the Council of Ministers shall consider the matter and any objec tions and representations made with respect to the Order and may confirm such Order, either without modifications or subject to such modifications as the Council of Ministers may consider expe dient, or may refuse to confirm the same ; (d) upon confirmation of the Preservation Order, a copy thereof toge ther with particulars of the immovable property to which it re lates shall he supplied to the District Lands Officer of the district in which such property is situate and the said confirmation shall be notified in such manner as may be prescribed. (4) Where a Preservation Order has been confirmed by the Council of Ministers, no person shall execute any works on any immovable property to which such Order relates without first applying for, in such manner as may be prescribed, and obtaining, the Minister's consent in respect thereof referred to in paragraph (c) of sub-section (2) and complying with any conditions specified in such consent : Provided that nothing in this sub-section shall render unlawful the execution of any works which are urgently necessary in the interests of safety or health or for the preservation of the immovable property to which a Preservation Order relates or of neighbouring property, so long as notice in ,vriting of the proposed execution of the works is given to the Minister as soon as may he after the necessity for the works arises. (5) No Preservation Order shall be made in respect of any immovable property which is an ancient monument or so as to affect the functions of any person or authority under the Antiquities Law or any law amending or substituted for the same or any Regulations or other Public Instrument made thereunder. 39.-(1) Subject to the prov1s10ns of this section, where it appears to the Minister that it is expedient in the interests of amenity to make provision for the preservation of any particular tree or any group of trees or woodlands in any area, the Minister may for that purpose make in respect thereof an Order (in this Law referred to as a " Tree Protection Order"), prohibiting, subject to any exemptions for which provision may be made in such Order, the cutting down, topping, lopping or wilful destruction thereof except with the consent of the Minister and subject to such conditions as may be specified therein. (2) Any Tree Protection Order under sub-section (1) (a) shall be made in accordance with Regulations made under this Law; (b) shall specify the particular tree, group of trees or woodland area in respect of which it is made ; (c) may provide for the application, in relation to the Minister's consent referred to in sub-section (I) and to applications for such consent, Cap. 31. 48 of I 964. Tree Protection Orders. Control of advertise n1ents. 26 of any of the provisions of this Law relating to planning permis sion, subject to such adaptations and modifications as may be specified in the Order ; (d) may provide for the steps to be taken by any person for securing the replanting, in such manner as may be prescribed by or under such Order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under such Order. (3) Where a Tree Protection Order has been made, the following pro visions shall have effect, that is to say ( a) the making of the Tree Protection Order shall be notified in such manner as may be prescribed ; ( b) objections and representations with respect to such Order may be made by any person aggrieved and submitted in such manner and within such period as may be prescribed ; (c) the Council of Ministers shall consider the mater and any objec tions and representations made with respect to the Order and may confirm such Order, either without modification or subject to such modifications as the Council of Ministers may consider expedient, or may refuse to confirm the same; (d) upon confirmation of the Tree Protection Order, a copy thereof together with particulars of the immovable property to which it relates shall be supplied to the District Lands Officer of the district in which such property is situate and the said confirmation shall be notified in such manner as may be prescribed. (4) Where a Tree Protection Order has been confirmed by the Council of Ministers, no person shall cut down, top, lop or wilfully destroy any tree to which such Order relates without first applying for, in such manner as may be prescribed, and obtaining, the Minister's consent in respect thereof referred to in paragraph (c) of sub-section (2) and complying with any conditions specified in such consent : Provided that, without prejudice to any other exemptions for which provision may be made by such Order, nothing in this sub-section shall apply to the cutting clmrn, topping or lopping of trees which are dying or dead or have become dangerous, or to the cutting down, topping or lopping of any trees in compliance with any obligations imposed by or under any law or so far as may be necessary for the prevention or abate ment of a nuisance. (5) No Tree Protection Order shall be made in respect of any forest land which is under the management of the Government. 40 .. -(1) Subject to the provisions of this section, provision shall be made by Regulations under this Law for restricting or regulating the dis play of advertisements so far as appears to the Minister to be expedient in the interests of the good appearance of an area or public safety. (2) Without prejudice to the generality of sub-section (1 ), any such Regulations may provide ( a) for regulating the dimensions, appearance and position of adver tisements which may be displayed, the sites on which advertise ments may be displayed, and the manner in which they are to be affixed; (b) for requiring the consent of the Planning Authority to be obtained for the display of advertisements in general, or of advertisements of any class specified in the Regulations ; 27 (c) for the constitution, for the purposes of the Regulations, of such advisory committees as may be prescribed by the Regulations, and for determining the manner in which the expenses of any such committee are to be defrayed. (3) Regulations made for the purposes of this section may make diffe rent provision with respect to different areas, and in particular may make special provision with respect to areas defined for the purposes of the Regulations as areas of special control, being either rural areas or areas other than rural which appear to the Minister to require special protection on grounds of their good appearance; and, without prejudice to the gene rality of the preceding provisions of this sub-section, the Regulations may prohibit the display in any such area of all advertisements except advertise ments of such classes (if any) as may be specified in the Regulations. ( 4) Areas of special control for the purposes of Regulations under th ;s section may be defined either by reference to provisions included in that behalf in development plans or by means of Orders made or approved by the Minister in accordance with the provisions of the Regulations. (5) Where the Minister is authorized by the Regulations to make or approve any such Order as is mentinoed in sub-section (4), the Regula tions shall provide for the publication of notice of the proposed Order in such manner as may be prescribed by the Regulations and for the con sideration of such representations as may be so prescribed, before the Order is made or approved. (6) Regulations made under this section may be made so as to apply to advertisements which are being displayed on the date on which the Regulations come into force, or to the use for the display of advertisements of any site which is being used for that purpose on that date ; but any Regulations made in accordance with this sub-section shall provide for exempting therefrom ( a) the continued display of any such advertisements ; and (b) the continued use for the display of advertisements of any such site, during such period as may be prescribed in that behalf by the Regulations, and different periods may be so prescribed for the purposes of different provisions of the Regulations. 41. Where the display of advertisements in accordance with Regula tions made under section 40 involves development of immovable property, planning permission for that development shall be deemed to be granted by virtue of this section, and no application shall be necessary in that behalf under the preceding provisions of this Part. 42.-(l) If it appears to the Planning Authority that the good appear ance of any area is seriously injured by the condition of any garden, vacant site or other immovable property, whether open or not, in such area, then the Planning Authority may serve on the owner and the occupier of the immovable property a notice requiring such steps for abating the injury as may be specified in the notice to be taken within such period as may be so specified. (2) A notice under this section shall take effect at the end of such period as may be specified in the notice. Application for planning permission not needed for advertise ments. Proper maintenance of waste immovable property, etc. Agreements regulating development or use of immovable property. Application to determine whether planning permission required. Right of judicial recourse. Power to serve en forcement notices. 28 43.-( 1) The Minister or, with the assent of the Minister, a delegated authority, may enter into an agreement with any person interested in im movable property relating to the development or use of the immovable property, either permanently or during such period as may be prescribed by the agreement; and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the Minister to be necessary or expedient for the purposes of the agreement and for the enforcement of the terms of the agreement against the person making the agreement and persons deriving title under that person. (2) Nothing in this section or in any agreement made thereunder shall be construed ( a) as restricting the exercise, in relation to immovable property which is the subject of any agreement, of any powers exerciseable by the Minister or the Planning Authority under this Law ; or ( b) as requiring the exercise of any such powers. Supplementary Prowions. 44.-(1) If any person who has carried out or proposes to carry out any operations on immovable property, or has made or proposes to make any change in the use of immovable property wishes to have it determined whether the carrying out of those operations or the making of that change did or would constitute or involve development of the immovable property and, if so, whether an application for planning premission in respect thereof may be or is required under this Part, he may apply to the Plan ning Authority to determine that question. (2) An application under sub-section (1) is referred to in this Law as an " application for determination " and the decision of the Planning Autho rity thereon as a "determination". (3) The provisions relating to applications for planning permission and the determination of such applications shall, subject to any necessary modi fications, apply in relation to any application under this section and to the determination thereof. 45. Any person affected by a decision or Order by the Minister made in accordance with the provisions of sections 28 and 37 or by any decision or Order by the Council of Ministers in accordance with the provisions of sections 31, 38 and 39 or by any decision made by the Planning Autho rity in accordance with any provision of this Law may challenge such decision or Order before the Supreme Court. Part VI.-ENFORCEMENT OF PLANNING CONTROL Enforcement where planning permission required. 46.-(1) Subject to the following provisions of this section and, in the case of a delegated authority, to any Directions given by the Minister, where it appears to the Planning Authority (a) that any development of immovable property has been carried out without the grant of planning permission required in that behalf in accordance with Part V ; or 29 ( b) that any conditions of limitations subject to which planning per mission was granted have not been complied with, the Planning Authority may, if in the interests of proper planning it con siders it expedient to do so, serve a notice under this section (in this Law referred to as an "enforcement notice"). (2) Where the Planning Authority serves an enforcement notice, the notice (a) shall be served on the owner and the occupier of the immovable property to which it relates ; and (b) may, if the Planning Authority thinks fit, also be served on any other person having an interest in the immovable property, being an interest which, in its opinion, is materially affected by the notice. (3) An enforcement notice (a) shall state the nature of the development which is alleged to have been carried out without the grant of planning permission as mentioned in paragraph (a) of sub-section (1) or, as the case may be, the matters in respect of which it is alleged that any such conditions or limitations as are mentioned in paragraph ( b) of that sub-section have not been complied with; and (b) may require such steps to be taken, within such period as may be so specified, as are requisite for the removal of the unauthorized development and, where appropriate, the restoring of the immov able property to its condition before the alleged unauthorized deve lopment took place, or of securing compliance with the conditions or limitations, as the case may be, and in particular may, for that purpose, require the demolition or alteration of any buildings or works, the discontinuance of any use of immovable property,, or the carrying out on immovable property of any building or other operations. (4) Subject to the following provisions of this Part, an enforcement notice shall take effect at the end of such period as may be specified in the notice. 47,-(1) A person on whom an enforcement notice is served, or any other person having an interest in the immovable property, may, at any time within the period specified in the notice as the period at the end of which it is to take effect, make an administrative recourse to the Minister against the notice on any of the following grounds, that is to say (a) that planning permission has been granted for that development ; ( b) that no planning permission was required in respect of that deve lopment or, as the case may be, that the conditions subject to which planning permission for that development was granted have been complied with ; (c) that what is assumed in the enforcement notice to be development did not constitute or involve development ; (d) that the requirements of the enforcement notice exceed what is necessary for restoring the immovable property to its condition before the development in question took place or, as the case may be, for securing compliance with the conditions or limitations to which the enforcement notice relates ; (r) that the notice ,ms not served on both the owner and the occu pier of the immovable property. Administra tive recourse to l\1inistcr against en forcement notice. Penalties for non-com pliance with enforce ment notice. 30 (2) Any administrative recourse under this section shall be made to the Minister by notice in writing which shall indicate the precise grounds of the administratve recourse. (3) Where an administrative recourse is made under this section, the enforcement notice shall be of no effect pending the final determination or withdrawal of the administrative recourse. ( 4) On an administrative recourse under this section the Minister may correct any informality, defect or error in the enforcement notice if he is satisfied that the informality, defect or error is not a material one, and the Minister may, if he is satisfied that no serious prejudice is thereby caused to the rights of any person entitled to be served with the notice, uphold the notice notwithstanding that it was not served on both the owner and the occupier of the immovable property. (5) On the determination of an administrative recourse under this section, the Minister shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the enforcement notice in favour of the person making the recourse and the issuing of planning permission unconditionally or subject to conditions. 48.-(1) Subject to the provisions of this section, where an enforce ment notice has been served on the person who, at the time when the notice was served on him, was the owner of the immovable property to which it relates, then, if any steps required by the notice to be taken (other than the discontinuance of a use of immovable property) have not been taken within the period allowed for compliance with the notice, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred pounds. (2) If a person against whom proceedings are brought under sub-section (1) has, at some time before the end of the period allowed for compliance with the notice, ceased to be the owner of the immovable property, he shall, on giving to the prosecution not less than three days' notice of his intention, be entitled to have the person who then became the owner of the im movable proptrey (in this section referred to as "the subsequent owner") brought before the Court in the proceedings. (3) If, after it has been proved that any steps required by the enforce ment notice have not been taken within the period allowed for compliance with the notice, the original defendant proves that the failure to take those steps was attributable, in whole or in part, to the default of the subsequent owner, (a) the subsequent owner may be convicted of the offence; and (b) the original defendant, if he further proves that he took all rea sonable steps to secure compliance with the enforcement notice, shall be acquitted of the offence. (4) If, after a person has been convicted under the preceding provisions of this section, he does not as soon as practicable do everything in his power to secure compliance with the enforcement notice, he shall be guilty of a further offence and shall be liable on conviction to a fine not exceeding twenty pounds for each day following his first conviction on which any of the requirements of the enforcement notice ( other than the discontinuance of a use of immovable property) remain unfulfilled. (5) Where, by virtue of an enforcement notice, a use of immovable pro perty is required to be discontinued, or any conditions are required to be complied with in respect of a use of immovable property or in respect of 31 the carrying out of operations thereon, then, if a person uses the immovable property or causes or permits it to be used, or carries out those operations or causes or permits them to be carried out, in contravention of the notice, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred pounds, and if the use is continued after the conviction, he shall be guilty of a further offence and shall be liable on conviction to a fine not exceeding twenty pounds for every day on which the use is so continued. (6) Any reference in this section to the period allowed for compliance with an enforcement notice is a reference to the period specified in the notice for compliance therewith or such extended period as the Planning Authority may allow for compliance with the notice. (7) Subject to the provisions of sub-section (3) of section 47, the period for compliance with the enforcement notice shall commence on the date the notice takes effect. 49. If, within the period specified in an enforcement notice, or \Yithin such extended period as the Planning Authority may allm\·, any steps required by the notice to be taken (other than the discontinuance of a use of immovable property) have not been taken, the Planning Authority may enter upon the immovable property and take those steps, and may recover from the person who is then the owner of the immovable property any expenses reasonably incurred by it in that behalf : Provided that the Planning Authority shall not enter upon (a) any dwelling house, without a judicial warrant duly reasoned ; (b) any building, other than a dwelling house, without previously giving to its occupier eight days' written notice of the intended entry; (c) any other immovable property, without previously giving to its occupier one day's written notice of the intended entry, unless the occupier consents in writing to such entry. 50. Any expenses incurred by the owner or occupier of any immovable property for the purpose of complying with any enforcement notice served in respect of any development and any sums paid by the owner of any immovable property under section 49 in respect of expenses incurred by the Planning Authority in taking steps required to be taken by such a notice, shall be deemed to be incurred or paid for the use and at the request of the person by whom the development was carried out. 51.-(1) If, after the service of an enforcement notice, planning per mission is granted for the retention on immovable property of building or works, or for the continuance of a use of immovable property, to which the enforcement notice relates, the enforcement notice shall cease to have effect in so far as it requires steps to be taken for the demolition or alter ation of those buildings or works, or the discontinuance of that use, as the case may be. (2) If, after the service of an enforcement notice, planning permission is granted so as to permit the retention of buildings or works, or the continu ance of a use of immovable property, without complying with some condi dion subject to which a previous planning permission authorizing that deve lopment was granted, the enforcement notice shall cease to have effect in so far as it requires steps to be taken for complying with that condition. Execution by Planning Authority of work required by enforcement notice. Supple mentary povisions as to enforce ment notices. Effect of planning permission on enforc<' ment notice. Enforce ment notice to have effect against subsequent development. Penalty for non-com pliarn·c with notice served under section 42. 32 (3) The preceding prov1s1ons of this section shall be without prejudice to the liability of any person for an offence in respect of a failure to comply with the enforcement notice before the relevant provision of the enforce ment notice ceased to have effect. 52.--(1) Compliance with an enforcement notice, whether in respect of (a) the demolition or alteration of any buildings or works ; or ( b) the discontinuance of any use of immovable property, or in respect of any other requirements contained in the enforcement notice, shall not discharge the enforcement notice. (2) Without prejudice to sub-section (1), any provision of an enforce ment notice requiring a use of immovable property to be discontinued shall operate as a requirement that it shall he discontinued permanently, to the extent that it is in contravention of Part V ; and, accordingly, the resumption of that use at any time after it has been discontinued in com pliance \\ ith the enforcement notice shall to that extent he in contravention of the enforcement notice. (3) \Vithout prejudice to sub-section (1), if any de, clopment is carried out on immovable property by way of reinstating or restoring buildings or works which have been demolished or altered in compliance \Yith an enforcement notice, the notice shall, notwithstanding that its terms arc not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were demolished or altered ; and subject to sub-section (4), the provisions of section 49 and of section 50 shall apply accordingly. (4) Where, at any time after an enforcement notice takes effcct (a) any development is carried out on immovable property by way of reinstating or restoring buildings or works which have heen demo lished or altered in compliance \Yith the notice ; and (b) the Planning Authority proposes, under section 49, to take any steps required by the enforcement notice for the demolition or alteration of the buildings or works in consequence of the rein statement or restoration, the Planning Authority shall, not less than fifteen days before taking any such steps, serve on the owner and the occupier of the immovable pro perty a notice of its intention to do so. (5) Any person who, without the grant of planning permission in that behalf, carries out any development on immovable property by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with an enforcement notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred pounds ; and no person shall be liable under any of the provisions of sub-sections (1) to ( 4) of section 48 for failure to take any steps required to be taken by an enforcement notice by way of demolition or alteration of what has been so reinstated or restored. Enforcement of control undrr section 4 2. 53.~(1) The provisions of this section shall have effect where a notice has been served under section 42 and the period within which the steps required by the notice were to be taken has expired. (2) If at any time after the end of that period any of those steps han· not been taken and any person docs ,mything which has the effect of c011 33 tinuing or aggravating the injury caused by the condition of the immovable property to which the notice relates, such person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty pounds. 54. If, within the period specified in a notice under section 42 in accordance with sub-section (1) of that section or within such extended period as the Minister or the Planning Authority may allow, any steps required by the notice to be taken have not been taken, the Minister or the Planning Authority may enter upon the immovable property and take those steps, and may recover from the person who is then the owner of the immovable property any expenses reasonably incurred in that behalf : Provided that the Minister or, as the case may be, the Planning Autho rity shall not enter upon (a) any dwelling house, without a judicial warrant duly reasoned ; (b) any building, other than a dwelling house, without previously giving to its occupier eight days' written notice of the intended entry; (c) any other immovable propery, without previously g1vmg to its occupier one day's written notice of the intended entry, unless the occupier consents in writing to such entry. 55. Any expenses incurred by the owner or occupier of any immovable property for the purpose of complying with a notice under section 42 and any sums paid by the owner of any immovable property under section 54 in respect of expenses incurred by the Planning Authority in taking steps required to be taken by such a notice, shall be deemed to be incurred or paid for the use and at the request of the person who caused or permitted the immovable property to come to be in the condition in which it was when the notice was served. Enforcement in other cases. 56.-(1) Where, by virtue of an Order under section 37, the use of immovable property for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, then if any person, without the grant of planning permission in that behalf, uses the im movable property for that purpose or, as the case may be, uses the im movable property for that purpose in contravention of those conditions, or causes or permits the immovable property to be so used, such person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred pounds ; and if the use is continued after the con viction, he shall be guilty of a further offence and shall be liable on con viction to a fine not exceeding twenty pounds for every day on which the use is so continued. (2) If, within the period specified in that behalf in an Order under section 37, any steps required by that Order to be taken for the alteration or removal of any buildings or works have not been taken, the Planning Authority may, and shall if so required by Directions of the Minister, enter upon the immovable property and take those steps : Provided that the Planning Authority shall not enter upon (a) any dwelling house, without a judicial warrant duly reasoned ; Execution by Planning Authority of work required by notice given under section 42. Supple mentary provisions as to notices served under section 42. Enforce ment of Orders made under section 37. Enforcement of Tree Protection and Pre servation Orders. Enforcement of control of advertise ments. 34 ( b) any building, other than a dwelling house, without previously giving to its occupier eight days' written notice of the intended entry; (c) any other immovable property, without previously g1vmg to its occupier one day's written notice of the intended entry, unless the occupier consents in writing to such entry. 57.-(1) If any person contravenes the provisions of a Tree Protection Order, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty pounds ; and if, in the case of a continuing offence, the contravention is continued after the conviction, he shall be guilty of a further offence and shall be liable on conviction to an iidditional fine not exceeding ten pounds for every day on which the contravention is so continued. (2) The matter for which provision may be made by a Preservation Order shall include provision for enabling the Planning Authority, where any works have been executed in contravention of the Order, to require the restoration of the building, group of buildings or area to its former state and for applying, for that purpose, any of the provisions of this Part with respect to enforcement notices, subjeq to such adaptations and modifica tions as may be specified in the Order. (3) Without prejudice to any provisions included in a Preservation Order by virtue of sub-section (2), if any person, being the owner of a building, group of buildings or area in relation to which a Preservation Order is in force, or a person on whom notice of such an Order has been served by the Planning Authority by whom the Order was made, executes, or causes or permits to be executed, any works in contravention of the Order, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred ponuds. (4) The Court before which a charge has been brought against any person for any offence under sub-section (3) may, on application by sum mons, order that any further works in contravention of the relative Pre servation Order be stayed until the final determination of the case in respect of which such charge has been brought. 58.-(1) The matters for which provision may be made by Regulations under section 40 shall include provision for enabling the Planning Autho rity to require the removal of any advertisement which is being displayed in contravention of the Regulations, or the discontinuance of the use for the display of advertisements of any site which is being so used in contra vention of the Regulations, and for applying, for that purpose, any of the provisions of this Part with respect to enforcement notices, subject to such adaptations and modifications as may be specified in the Regulations. (2) Without prejudice to any provisions included in Regulations made under section 40 by virtue of sub-section (1), if any person displays an advertisement in contravention of the provisions of the Regulations he shall be guilty of an offence and shall be liable on conviction to a fine of such amount as shall be prescribed by the Regulations, not exceeding fifty pounds, and, in the case of a continuing offence, ten pounds for each day during which the offence continues after conviction. (3) For the purposes of sub-section (2), and without prejudice to the generality thereof, a person shall be deemed to display an advertisement if (a) the advertisement is displayed on immovable property of which he is the owner or occupier ; or 35 ( b) the advertisement gives publicity to his goods, trade, business or other concerns : Provided that a person shall not be guilty of an offence under sub-section (2) by reason only that an advertisement is displayed on immovable pro perty of which he is the owner or occupier, or that his goods, trade, business or other concerns are given publicity by the advertisement, if he proves that it wa~ displayed without his knowledge or consent. 59. In relation to immovable property of a delegated authority, the pro visions of this Part shall have effect subject to such modifications of the relative procedure as may be prescribed by Regulations. Part VIL-COMPULSORY ACQUISITION OF IMMOVABLE PROPERTY AND PROVISIONS RELATED THERETO 60.-(1) Where any immovable property is required for any purposes of town and country planning or housing or where a Preservation Order is in force in respect of a building, group of buildings or area and it appears to the Minister that reasonable steps are not being taken for pro perly preserving the building, group of buildings or area, such immovable property, building, group of buildings or area may be compulsorily acquired by the Republic, the Planning Authority, or the delegated authority within whose area such immovable property, or building, group of buildings or area is situate : Provided that if the Planning Authority or delegated authority is not an acquiring authority within the meaning of the Compulsory Acquisition of Property Law, the immovable property, building, group of buildings or area concerned may be compulsorily acquired by the Republic. (2) Any compulsory acquisition under sub-section (1) shall be carried out in accordance with the provisions of the Compulsory Acquisition of Property Law. (3) Subject to the provisions of this Law Enforcement in relation to delegated authority. Compulsory acquisition of immovable property. IS of 1962. IS of 1962. (a) the provisions of the Compulsory Acquisition of Property Law 15 of 1962. shall apply to any immovable property, building, group of buildings or area compulsorily acquired for the purposes of this Law; (b) the amount of compensation payable shall be determined in accordance with the rules laid down in the Compulsory Acquisi- 15 of 1962. tion of Property Law. (4) Notwithstanding the provisions of any other law, the acquiring autho rity may make any immovable property compulsorily acquired for the purposes of this Law available to any person, body or authority for the attainment of the purposes for which it was compulsorily acquired, upon such terms and conditions as the acquiring authority may determine. (5) For the purposes of this Part, "immovable property" shall have the same meaning as in sub-section (1) of section 2 of the Compulsory 15 of 1962 Acquisition of Property Law. Supple mentary provisions as to amount of compen sation. Sale of immovable property compulsorily acquired to the former o,vner thereof. 15ofl962. Disposition of im movable property compulsorily an,1uired where the object for which it was ac4uired is not achiC'vcd. 15ofl962. Re-acquisi tion of immovable property dis posed nf. 36 61. Where in respect of an interest in immovable property (hereinafter referred to as "the relevant interest") a claim is made for compensation arising out of the compulsory acquisition of that interest, then in calcu lating the amount of compensation due under the claim no account shall be taken of any increase in the value of the relevant interest attributable to the inclusion in any development plans published not earlier than six months from the publication of the Notice of compulsory acquisition of any provision for a material change of use or the carrying out of works at the public expense or to the existence of proposals for the inclusion of such provision in any development plans. 62.-(1) Where the object of the compulsory acqms1t10n is achieved by the development of any immovable property, the acquiring authority may, if it considers it expedient, sell any property compulsorily acquired or part thereof, on condition that the offer of sale shall in the first instance be made to the former owner ancf agreement as to the sale price, the time and manner of payment thereof shall be reached within three months of the making of the offer. (2) In any of the following cases, that is to say (a) if the person to whom the offer under sub-section (1) has been made does not accept the same ; or ( b) if the person aforesaid, having accepted the offer as in sub-section (1) provided, does not pay the agreed price within the agreed period, the acquiring authority may sell, subject to the provisions of the Regula tions made under the Compulsory Acquisition of Property Law, such pro perty by public auction. 63.-(1) Where the object for which an immovable property was com pulsorily acquired is not achieved within three years of the compulsory acquisition, the acquiring authority shall be under an obligation, soon after the expiration of the period of three years hereinbefore mentioned, to offer the property compulsorily acquired, on payment of the acquisition price, to the person from whom it has compulsorily acquired the same ; and such person shall be entitled, within three months of the receipt of the offer, to notify the accept:rnce thereof. (2) In any of the following cases, that is to say ( a) if the person to whom the offer under sub-section ( 1) has been made does not accept the same ; or ( b) if the person aforesaid, having accepted the offer as in sub-section (1) provided, does not pay the agreed price within a further period of three months of such acceptance, the acquiring authority may sell, subject to the provisions of the Regula tions made under the Compulsory Acquisition of Property Law, such property by public auction. 64. Where any immovable property compulsorily acquired is disposed of under the provisions of any law in force for the time being and is sub sequently required for any planning purposes, such disposition shal! not be deemed to prevent the compulsory acquisition of such immovable pro perty for such planning purposes. 37 65.~(1) The erection, construction or carrying out, or maintenance, of any building or work on immovable property which has been compulsorily acquired by a Planning Authority for planning purposes, whether done by the Planning Authority or by a person deriving title under it, shall be lawful by virtue of this section if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this section applies, or involves a breach of a restriction as to the user of immovable property by virtue of a contract: Provided that nothing in this sub-section contained shall authorize inter ference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over immovable property, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking. (2) This section applies to the following interests and rights, that is to say, any easement, liberty, privilege, right or advantage annexed to im movable property and adversely affecting other immovable property, inclu ding any natural right to support. (3) In respect of any interference or breach in pursuance of sub-section (1) materially decreasing the economic value of the immovable property, just compensation shall be payable, to be assessed in the same manner and subject to the same rules applicable in connection with compulsory acquisition of property. (4) Where a person deriving title under the Planning Authority by whom the immovable property in question was compulsorily acquired is liable to pay compensation by virtue of sub-section (3) and fails to discharge that liability, the liability shall be enforceable against the Planning Autho rity : Provided that nothing in this sub-section contained shall be construed as affecting the right of the Planning Authority to indemnity from that person against any liability under this sub-section. (5) Nothing in this section contained shall be construed as authorizing any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in sub-section (1 ). (6) For the purposes of this section, "statutory undertakers" means any person, authority or board authorized by any enactment to carry on any undertaking of public utility. 66.--~(l) Where any immovable property has been compulsorily acquired for planning purposes and is for the time being held for the purposes for which it was acquired, and the carrying out of development on the im movable property will involve the displacement of persons residing in premises thereon, it shall be the duty of the Planning Authority, in so far as there is no other residential accommodation suitable at reasonable terms, to secure the provision of such accommodation in advance of any dis placement from time to time becoming necessary as the development pro ceeds. (2) If the Minister certifies that possession of a house or premises which have been compulsorily acquired for planning purposes, is immediately required for those purposes, nothing in the Rent (Control) Law or the Rent Contol (Business Premises) Laws contained shall prevent the acquiring authority from obtaining possession of the house or premises. Power to override easements and other rights. Displace ment of persons from immovable property compulsorily acquired. Cap. 86. 17 of 1961 39ofl961 8 of 1968. D eterrnina tion of com pensation. Compens ation and manner of determina tion thereof. IS of 1962. Exclusion or limitation of compens ation in t ertain cases. 38 Part VIII.-COMPENSATION Claims for, and payment of, compensation. 67.-(1) No claim for compensation under this Part shall be admis sible and no compensation under this Part shall be payable unless notice of such claim shall have been served upon the Planning Authority within a period of six months, commencing on the date of the notice of the planning decision to which it relates, and unless the claim is made in accordance with the provisions of this Part : Provided that the Minister, upon being satisfied that, owing to absence from Cyprus, sickness or other reasonable cause, the person claiming com pensation was prevented from serving notice of his claim within the period specified in this sub-section, may (either before, on or after the date on which the time for claiming would otherwise have expired) allow such extended period as may be reasonable in the circumstances for making such a claim. (2) Any notice of claim under this section shall be in accordance with Regulations made under this Law. (3) If within six months of the receipt by the Planning Authority of a claim made in accordance with this section no agreement can be reached between the Planning Authority and any claimant on the compensation, if any, payable under this Law, such compensation shall be determined by the Court : Provided that where the Planning Authority has notified any claimant that in its view no compensation is payable, and such view of the Plan ning Authority has not been disputed by the claimant by notice in writing served upon the Planning Authority within three months of that notifi cation, such claimant shall be deemed to have agreed that no compensation is payable. (4) Any recourse to the Court for the determination by the Court of the compensation, if any, payable shall be made in accordance with Regu lations made under this Law. 68.-(1) Just compensation must be paid if, as a result of the applic ation of the provisions of this Law, material damage to any property should in any manner ensue. (2) Compensation shall only be payable under the provisions of this Part, and subject thereto, where it is proved by the claimant that, as a result of a planning decision affecting the immovable property in respect of which the claim is made, a material decrease in the economic value of such property has occurred. (3) For the purpose of assessing any compensation in respect of the material decrease in the economic value of an immovable property affected by a planning decision, regard must be had to the rules set out in section 10 of the Compulsory Acquisition of Property Law, 1962, in so far as they are applicable, as \\ ell as to ali the circumstances of the case. 69.-(1) Notwithstanding anything in this Law contained, no compen sation shall be payable under this Law in respect of any material decrease in the economic value of any immovable property occasioned by any pro vision contained in a planning decision, if and in so far as (a) the same provision or a provision substantially to the same effect was already in force under any other law at the time \Yhen notice of such planning decision \\'aS given ; or 39 ( b) the same or substantially the same material decrease in the econo mic value of such immovable property was occasioned earlier by any provision contained in anything done under any other law which could reasonably be ascertained at the time when notice of such planning decision was given : Provided that nothing in this sub-section contained shall affect any claim for compensation duly made under any other law and outstanding at the time of the giving of a planning decision, in any case to which the pro visions of paragraph (a) or of paragraph (b) apply, in respect of any mate rial decrease in the economic value of the immovable property concerned occasioned by the earlier provision referred' to in paragraph (a) or in para graph (b), as the case may be. (2) Where any provision contained in a planning decision could, at any time before or after the appointed day, have been validly included in any plan under any other law, no more compensation shall be payable i:1 respect of the effect on any immovable property of such provision contained in the planning decision than the compensation, if any, which would have been payable under the other law. 70.-(1) Compensation under this Part shall not be payable in respect of a planning decision involving refusal of permission for the development of immovable property if, notwithstanding that refusal, there is available, with respect to that immovable property, planning permission for d'eve lopment to which this section applies : Provided that, where such permission is available with respect to part only of the immovable property, this section shall have effect only in so far as that part is concerned. (2) Where a claim for compensation under this Part is made in respect of any immovable property, planning permission for development to which this section applies shall be taken for the purposes of this section to be available with respect to that immovable property or a part thereof if, immediately before the Minister gives notice of his findings in respect of that claim, there is in force with respect to that immovable property, or that part thereof, a grant of, or an undertaking by the Minister to grant, plan ning permission for some such development, subject to no conditions other than conditions relating to the density, disposition or dimensions of buildings or the use of immovable property. (3) This section applies to any development of a residential, commercial or industrial character, being development which consists wholly or mainly of the construction of houses, flats, shop or office premises or indu;:trial buildings (including ware-houses), or any combination thereof. 71. A person shall not be entitled to any other compensation under this Part in respect of material decrease in the economic value of an inte rest in immovable proptrey occasioned by a planning decision if he is entitled to compensation by virtue of section 79. 72. Where in respect of an interest in immovable property (hereinafter referred to as "the relevant interest") a claim is made for compensation under this Part, the amount of compensation due shall be reduced by the increase in the economic value of any interest in immovable property, other than that to which the relevant interest relates, held by the claimant in the same capacity at the date of the relevant planning decision where such increase in the economic value is attributable either to the terms of the N o-con1pens ation if certain other deve lopment permitted. Further li.nitation of compens ation. Supple mentary prov1s10ns as to the amount of compens ation. Persons to whom compensa tion payable. Payment of compensa tion. 40 planning decision giving rise to the claim for compensation or to the inclu sion or proposals for the inclusion in a development plan of any provision for a material change of use or the carrying out of works at the public expense. 73.-(1) The person entitled to the payment of compensation in respect of any property under the provisions of this Law is the owner of such property: Provided that (a) where any immovable property in respect of which compensation is payable under this Law is charged with the payment of any sum secured by a mortgage, registered judgment or any other encumbrance or charge under the provisions of any law in force for the time being, there shall be paid to the respective mortga gee, judgment creditor or other person in whose favour such encumbrance or charge operates, as the case may be, the whole or such portion of the compensation payable as shall be sufficient to satisfy, in whole or in part, the sum due thereunder, according to the respective priority of such mortgage, registration of judg ment or other encumbrance or charge ; (b) where any property in respect of which compensation is payable under this Law is under any lease, tenancy, hiring or hire-purchase agreement, there shall be paid to the lessee, tenant, hirer or hire purchaser, as the case may be, who shall establish his interest in such property before payment of any compensation to the owner thereof, such portion of the compensation payable as shall be sufficient to compensate him for the termination of the lease, tenancy, hiring or hire-purchase agreement, as the case may be. (2) Notwithstaning anything in sub-section (1) contained, compensation may also be paid to any person establishing, by virtue of an Order of a Court, a right or interest in the property in respect of which such com pensation is payable. (3) In the event of any dispute as to the person entitled to the whole or any portion of the compensation in respect of any property under the provisions of this Law, or as to the amount to which such person may be entitled, such dispute may be determined by the Court on the application of the Planning Authority or of any of the persons interested in such pro perty. 74.-(1) Where compensation is determined to be payable under this Part, such compensation shall be payable to the person entitled thereto in accordance with the provisions of this Part. (2) If any of the persons interested does not consent to receive the compensation payable to him or if on account of his disability or absence from Cyprus the payment of such compensation to him cannot be effected, the Planning Authority may, subject to any directions of the Court, deposit the amount of such compensation with the Accountant-General. (3) In making any payment under this section the Planning Authority shall make deductions, from the amount payable, of any tax, rate, duty, fee or other similar charge in respect of the interest affected and shall pay the amount so deducted to the authority to whom such tax, rate, duty, fee or other similar charge is due : Provided that such deduction shall in no way affect the right of the person affected to dispute the correctness or legality of such charge. 41 Miscellaneous provisions as to compensation in certain cases. 75. The matters for which provision may under section 39 be made by a Tree Protection Order, or may under section 38 be made by a Pre servation Order, include the payment, subject to such exceptions and con ditions as may be specified in the Order, of compensation in respect of damage caused or expenditure incurred in consequence of the refusal of any consent required under the Order, or of the grant of any such consent subject to conditions. 76. Where, for the purpose of complying with any Regulations made under section 40, works are carried out by any person ( a) for removing an advertisement which was being displayed on the appointed day, and was being displayed on the date on which the Regulations came into force ; or ( b) for discontinuing the use for the display of advertisements of a site used for that purpose on the appointed day, that person shall, on a claim made within the time and in the manner prescribed by Regulations, be entitled to recover compensation in respect of any expenses reasonably incurred by him in that behalf. 77.-(1) The provisions of this section shall have effect where an Order is made under section 37 requiring a use of immovable property to be dis continued, or imposing conditions on the continuance thereof, or requiring any buildings or works on immovable property to be altered or removed. (2) If, on a claim made to the Minister within the time and in the manner prescribed by Regulations, it is proved that any person has suffered damage in consequence of the Order by material decrease in the economic value of an interest in the immovable property to which he is entitled, or by being disturbed in his enjoyment of the immovable property, compensation shall be payable in respect of that damage. (3) Without prejudice to the provisions of sub-section (2), any person who carries out any works in compliance with the Order shall be entitled, on a claim made as mentioned in that sub-section, to recover compensation in respect of any expenses reasonably incurred by him in that behalf. 78.-(1) Where planning permission is revoked or modified by an Order under section 36, then if, on a claim made within the time and in the manner prescribed by Regulations, it is proved that a person interested in the immovable property ( a) has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification ; or ( b) has otherwise sustained loss or damage or material decrease in the economic value of the immovable property affected which is directly attributable to the revocation or modification, compensation shall be payable to that person in respect of that expenditure, loss, damage or material decrease. (2) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory thereto, shall be deemed to be included in the expendi ture incurred in carrying out that work. Compens ation in respect of Tree Protection and Preserv ation Orders. Compens ation for res trictions on advertising. Compens ation in respect of Orders under section 37. Compens ation where planning permission revoked or modified. Application of section 78 to special cases of refusal or conditional grant of planning permission. Levying of betterment charge. 42 (3) Subject to the prov1s1ons of sub-section (2), no compensation shall be paid under this section in respect of any work carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in the immovable property) arising out of any thing done or omitted to be done before the grant of that permission. (4) In this Part, any reference to an Order under section 36 includes a reference to an Order under the provisions of that section as applied by sub-section (2) of section 37. 79.-(1) The provisions of this section shall have effect where (a) planning permission for the development of immovable property has been granted by a Development Order ; and ( b) that permission is withdrawn, whether by the revocation or amend ment of the Order or by the issue of directions under powers in that behalf conferred by the Order ; and (c) on an application made in that behalf under Part V, planning permission for that development is refused, or is granted subject to conditions other than those previously imposed by the Develop ment Order. (2) In any case falling within sub-section (1), the provisions of section 78 shall apply as if the planning permission granted by the Development Order (a) had been granted by the Planning Authority under Part V; and (b) had been revoked or modified by an Order under section 36, and the provisions of section 74 shall apply as if references therein to an Order under section 36 were references to the planning decision whereby the planning permission in question is refused, or is granted subjeq to conditions other than those previously imposed by the Development Order. Part IX.-BETTERMENT CHARGE 80,-(1) Where, after the prescribed date, it is ascertained in the pres cribed manner that there has been an increase in the value of any im movable property due to any development carried out or to be carried out at the public expense, there shall be levied and recovered, by the prescribed person, a betterment charge at the prescribed rate reckoned in the prescribed manner. (2) For the purposes of the levying and assessment of the betterment charge, the market value of the immovable property, both before and after the occurrence of the event which caused the increase thereof, shall be estimated in the prescribed manner. (3) The provisions of this section may, by Order of the Council of Ministers published in the official Gazette of the Republic, not apply in certain areas specified in the Order. (4) The Council of Ministers shall, without delay, make Regulations, pub lished in the official Gazette of the Republic, for the carrying of the provisions of this section into effect : Provided that Regulations made under this section shall be laid before the House of Representatives. If within twenty-one days of such laying the House of Representatives does not by resolution amend or annul, in whole or in part, the Regulations so laid, they shall then, soon after the expiry of the period hereinbefore mentioned, be published in the official Gazette of the Republic and they shall come into force as from such publi cation. In the event of their amendment, in whole or in part, by the House of Representatives, such Regulations shall be published in the official Gazette of the Republic as so amended by the House and shall come into force as from such publication. Part X.-MISCELLANEOUS. 81.-(1) Any officer or servant of the Planning Authority or any other Power of person may, if authorized by the Planning Authority in this respect, at entry. any reasonable time enter upon and inspect, survey, dig into, assess the value of or do nay other act in or upon, any immovable property for any of the purposes of this Law : Provided that no such officer, servant of person shall enter upon (a) any dwelling house, without a judicial warrant duly reasoned ; (b) any premises or any building other than a dwelling house, without previously giving to its occupier eight days' written notice of the intended entry ; (c) any other immovable property, without previously giving to its occupier one day's written notice of the intended entry, unless its occupier consents in writing to such entry. (2) As soon as conveniently may be after any entry made under sub section (1), the Planning Authority shall pay compensation for any damage done and in case of dispute as to the amount of compensation to be so paid such amount shall be determined by the Court. 82. Where any owner is willing to agree with the Planning Authority that his immovable property, or any part thereof, shall be used permanently for the purposes of agriculture or forestry, or as a public open space, or a playing field or a sports ground to which the public have free entry, the Planning Authority may, if it thinks fit, enter into an agreement with him to that effect and such agreement shall be recorded in the books of the District Lands Office and thereupon such agreement shall be binding on his heirs and all his successors in title. 83 .. The cost of the achievement of the purposes of this Law shall be borne by the Republic or by any local authority concerned or by both the Republic and such authority in such proportion and to such extent as may be determined by the Council of Ministers in the circumstances of each case. 84. Wherever in this Law reference is made to a Direction of the Mi nister, the provision in which such reference occurs shall be understood to be appliOcable only where the Minister's functions as Planning Authority have been delegated to a delegated authority. Power to the Planning Authority to enter into agreements with owners restricting use of immovable property. Financial provisions. Application and adapta tion of certain pn,visions. Construction of the Streets and Buildings (Regulation) Law and suspension of certain provisions thereof. Cap. 96. 14 of 1959 67 of 1963 6 of 1964 65 of 1964 12ofl969 38 of 1969. Cap. 96. 14of1959 67 of 1963 6 of 1964 65 of 1964 12 of 1969 38 of I 969. Cap. 96. 14ofl959 67 of 1963 6 of 1964 65 of 1964 12 of 1969 38 of 1969. 44 85.-(1) Subject to the provisions of sub-sections (2) and (3), the Streets and Buildings (Regulation) Law and any Regulations made there under shall be read, construed and applied subject to the provisions of this Law in respect of all matters to which the provisions of this Law are applicable, and in case of any conflict between the povisions of the Streets and Buildings (Regulation) Law or of any Regulations or Public Instruments made thereunder and the provisions of this Law or of any Regulations or Public Instruments made thereunder in respect of any such matter as afore said the latter provisions shall prevail. (2) As from the date of the publication, under section 18, of a Notice of the preparation of a Local Plan in any area (hereinafter in this sub-sec tion referred to as "the Area") the provisions of sub-section (1) of section 14 of the Streets and Buildings (Regulation) Law shall cease to apply within such Area, so however as not to prejudice anything done or left undone thereunder in respect of any matter within such Area : Provided that any definition of zones lawfully made and notified under the provisions of section 14 of the Law hereinbefore mentioned, relating to any part of such Area and being in force on the date of the publication of the Local Plan shall continue to be valid and effective as if it had been included in a development plan made under the provisions of this Law in respect of such Area : Provided that, notwithstanding anything in this sub-section or in any other law contained, any such definition of zones shall be deemed to have been amended, altered, modified or cancelled by any development plan made at any time under the provisions of this Law in respect of such Area, to the extent to which such development plan differs therefrom. (3) As from the date of the publication, under section 18, of a Notice of the preparation of a Local Plan and until the publication, under the same section, of an Area Scheme in respect of any part of the Local Plan Area (hereinafter in this sub-section such part being referred to as " the area"), no plan in respect of such area shall be deposited and notified by an appropriate authority under the provisions of section 12 of the Streets and Buildings (Regulation) Law, unless and until the plan proposed to be so deposited and notified is first approved by the Planning Authority ; and upon publication, under section 18, of an Area Scheme in respect of such area, the provisions of the said section 12 of the Law hereinbefore men tioned shall cease to apply within such area, so however as not to prejudice anything done or left undone thereunder in respect of any matter within such area: Provided that (a) any plan or special list the validity of which has been saved under the provisions of section 27 of the Law hereinbefore mentioned ; and ( b) any plan prepared, deposited and notified under the provisions of the said section 12 of the Law hereinbefore mentioned, relating to any part of such area and being in force on the date of the publication of such Area Scheme shall continue to be valid and effective as if they had been included in a development plan made under the pro visions of this Law in respect if such area : Provided that, notwithstanding anything in this sub-section or in any other law contained, any such plan or special list shall be deemed to have 45 been cancelled, or to have been amended, altered or modified by any deve lopment plan made at any time under the provisions of this Law in respect of such area, to the extent to which such development plan differs there from. 86.-(1) The Council of Ministers may make Regulations for the better Regulations. carrying of the provisions of this Law into effect. (2) Without prejudice to the generality of sub-section (1), any such Regulations may provide for all or any of the following matters, that is to say (a) for prescribing the form of any application, Notice, Order, Direc tion, determination, permission or other document authorized or required under this Law to be made, given, issued, served or granted, and for prescribing the manner in which and the time at which such application, Notice, Order, Direction, determina tion, permission or other document shall be made, given, issued, served or granted; (b) for prescribing the time limits and procedure in relation to admi nistrative recourses under this Law ; (c) for prescribing fees or charges in respect of any application, per mission, determination, decision or other document, any admi nistrative recourse or any act, matter or thing to be made, done, granted or observed under the provisions of this Law ; (d) for any purpose for which Regulations are authorized or required to be made under this Law, and in particular for prescribing anything which by this Law is required or authorized to be pre scribed by Regulations ; (e) for the regulation of various matters arising in the course of the application of the provisions of this Law to any area or areas ; (f) for the procedure in respect of application for, grant and determi nation of, compensation ; (g) generally for the better carrying out of the provisions of this Law: Provided that until such Regulations are made any Regulations in force on the date of the coming into operation of this Law relating to any of the above matters shall continue to be in force until revoked or amended by any Regulations made under this Law. (3) Regulations made under this Law shall be laid before the House of Representatives. If within twenty-one days of such laying the House of Representatives does not by resolution amend or annul, in whole or in part, the Regulations so laid, they shall then, soon after the expiry of the period hereinbefore mentioned, be published in the official Gazette of the Republic and they shall come into force as from such publication. In the event of their amendment, in whole or in part, by the House of Representa tives, such Regulations shall be published in the official Gazette of the Republic as so amended by the House and shall come into force as from such publication. 87.-(1) Any person who (a) wilfully obstructs or interferes with any person in the exercise Offences. of any of his powers or the performance of any of his duties under this Law ; Date of com mencement. Repeal nfthe Display of Adversise ments (Control) Law. Cap. 50. 46 (b) knowingly makes any false or incorrect statement in any document made or furnished under or for the purposes of this Law or for the purposes of any development plan thereunder ; (c) fails or refuses to furnish or produce any information, return or other document required under or for the purposes of this Law, shall be guilty of an offence and shall be liable on conviction to imprison ment for a term not exceeding four months or to a fine not exceeding one hundred pounds or to both such imprisonment and fine. (2) Any person who (a) commences any development or does any act or causes or allows any development or act to be carried out or done in contravention of the provisions of this Law or of any Regulation, Order, notice or plan made under this Law ; ( b) fails to comply with any obligation or condition imposed upon him by any Regulation, Order, planning permission, plan, notice or Direction made, granted, prepared or given under this Law, or to do any act or execute any work when required so to do under this Law or under any Regulation, Order, planning permission, plan, notice or Direction, shall be guilty of an offence and shall be liable on conviction to imprison ment for a term not exceeding six months or to a fine not exceeding five hundred pounds or to both such imprisonment and fine. (3) For the avoidance of any doubt, the provisions of sub-section (2) shall apply to any owner of immovable property, to any person having any immovable property under his control and to any architect, engineer, building contractor or any other person carrying out any development on any immovable property for and on behalf of the owner thereof. 88. This Law shall come into operation on a date to be fixed by the Council of Ministers by notice to be published in the official Gazette of the Republic and different dates may be fixed for the coming into opera tion of different provisions of this Law. 89. Upon the coming into operation of any Regulations made under section 40, the Display of Advertisements (Control) Law shall, unless other wise provided in such Regulations, be deemed to be repealed as from the date of such coming into operation.