Physical Planning (Appeals Rules of Procedure) Regulations, 2022 (S.I. 44 of 2022)

[12th April 2022] Supplement to Official Gazette 119 S.L. 44 of 2022 PHYSICAL PLANNING ACT, 2021 (Act 55 of 2021) PHYSICAL PLANNING (APPEALS RULES OF PROCEDURE) REGULATIONS, 2022 ARRANGEMENT OF REGULATIONS Regulations S e P a S S Citation Interpretation Appeal Secretary to the Appeals Board Lodgement of appeals Commencement of proceedings Hearings before the Appeals Board Evidence rules Arguments or submissions before the Appeals Board Proceedings in absence of a party Minutes and records of proceedings Decisions of the Appeals Boards Offences Disclosure of interest SCHEDULES Schedule !- Form of Notice of Appeal Schedule 2- Fees for filing of Notice of Appeal Schedule 3- The Appeals Board of the Physical Planning Authority Notice of Mention [12th April 2022] Supplement to Official Gazette 121 S.I. 44 of 2022 PHYSICAL PLANNING ACT, 2021 (Act 55 of 2021) Physical Planning (Appeals Rules of Procedure) Regulations, 2022 In exercise of the powers conferred by section 40 and 70 read with section 82 of the Physical Planning Act, the Minister responsible for land use planning and development matters hereby makes the following Regulations — Citation 1. These Regulations may be cited as the Physical Planning (Appeals Rules of Procedure) Regulations, 2022. Interpretation 2. In these Regulations unless the context otherwise requires — “Appeals Board” means the Appeals Board established by section AO of the Act; “Secretary” means the Secretary to the Appeals Board appointed under regulation 4; “standard scale” means the standard scale of fines for offences established under the Criminal Offences (Standard Scale of Fines) Act, 2021. Appeals 3. A person aggrieved by a decision of the Authority may lodge a notice of appeal to the Authority within one month from receipt of the decision of the Authority. Secretary to the Appeals Board 4. The Authority shall appoint a Secretary to the Appeals Board who shall be responsible for — 122 Supplement to Official Gazette [12th April 2022] (a) ensuring the overall smooth running of the Appeals Board; (b) convening the sittings of the Appeals Board after consultation with the Chairperson and members; (c) the implementation of decisions made by the Appeals Board; and (d) such other duties as the Chairperson may direct. Lodgement of appeals 5.11) Anotice of appeal under regulation 3 shall as far as practicable be made in the form specified in the First Schedule. (2) The appellant shall upon filing his or her notice of appeal pay a non-refundable fee as specified in Schedule 2. (3) The application under subregulation (2) shall be filed with the Authority. (4) | The Authority shall register the appeal and deliver the notice of appeal to the Chairperson of the Appeals Board. (5) The Secretary shall cause a copy of the notice of appeal to be served on the Authority and shall notify the Authority to compile the record and to send a copy of the record to the appellant. Commencement of proceedings 6.(1) The Chairperson shall, upon examination of the application cause the Secretary to issue to the parties in the application a Notice of Mention in the form specified in Schedule 3. (2) At the hearing of the mention the parties shall make appropriate disclosure of documents they wish to rely upon at the hearing. (3) The Secretary shall record the date set for hearing and shall ensure that all parties have notice of the date set for hearing. [12th April 2022] Supplement to Official Gazette 123 Hearings before the Appeals Board 7.1) Ata hearing before the Appeals Board, the Chairperson shall take evidence on oath and for that purpose shall administer oaths. (2) A hearing before the Appeals Board shall be open to the public but, may be heard in private if — (a) the circumstances so warrant; or (b) the Appeals Board considers it appropriate. Evidence rules 8. The rules of evidence which apply in civil cases before the Supreme Court shall apply in all matters before the Appeals Board. Arguments or submissions before the Appeals Board 9(1) Any party to proceedings before the Appeals Board, or the authorised representative of that party shall declare to the Appeals Board at the earliest opportunity whether he or she intends to make oral or written submissions during the course of the proceedings. (2) Where a party to the proceedings or his or her authorised representatives opts to file written submissions, he or she shall arrange to submit copies of the submissions to the Secretary of the Appeals Board at least 14 working days before the date fixed for consideration of the matter by the Appeals Board. Proceedings in absence of a party 10. Where on a date fixed for any particular matter before the Appeals Board, any party to the proceedings who was present when the date was fixed does not appear, the proceedings may be continued in the absence of that party or the Chairperson may issue an order, direction or notice as he or she shall consider appropriate. Minutes and records of proceedings 11.(1) The Secretary shall keep a record or any oral evidence given at 124 Supplement to Official Gazette [12th April 2022] the hearing before the Appeals Board and the record shall be signed by the Chairperson. Decisions of the Appeals Board 12.(1) Section 40(11) shall apply to a decision of the Appeals Board. (2) Adecision of the appeals board shall be by a majority. (3) Every decision of the Appeals Board shall be signed and dated by the Chairperson and the members who heard the matter. (4) The Appeals Board shall treat an application with the urgency that it requires and as far as practicable a decision shall be issued within 14 days from the date of conclusion of the final arguments. (5) A certified copy of the decision shall be served on the parties to the proceedings within 14 days from date that the decision is made. Offences 13. A person who — (a) willfully insults or obstructs a member or any officer of the Appeals Board in the course of any proceedings of the Board; (b) willfully insults or obstructs a witness or other person in attendance at any proceedings of the Appeals Board; (c) willfully interrupts or disrupts, or otherwise misbehaves at, any proceedings of the Appeals Board, commits an offence and shall be liable upon conviction to a fine of level 3 on the standard scale. Disclosure of interest 14. Where a member is present at proceedings before the Appeals Board and that member or a close relative of that member, has direct or [12th April 2022] Supplement to Official Gazette 125 indirect interest in a matter being dealt with in those proceedings, the member shall, before or as soon as practicable after the commencement of the proceedings, disclose that interest and shall not take part in any consideration or discussion of, or vote on any question relating to, the matter under consideration. SCHEDULE 1 (Regulation 5(1)) Form of Notice of Appeal Before the Appeals Board established under section 40 of the Physical Planning Act, 2022 Appellant: Respondent: The Planning Authority Case No: NOTICE OF APPEAL Take Notice that the Appellant appeals to the Appeals Board against the decision of the Planning Authority dated ....................... (copy attached) on the following grounds Bois : Dated this ...............-...-. (60 scones 20 ae SIGTIED wicccccscsiscsivacsaroaaneacece CAD DEL) The address for service of the Appellant is ................:.c::cceccceeeeeseeeeeeeeees 126 Supplement to Official Gazette [12th April 2022] SCHEDULE 2 (Regulation 5(2)) Fees for filing of Notice of Appeal Appeals 1. | All Private dwelling/Residential projects, including SR4500.00 Boundary Wall/Fencing and Retaining Wall & storage 2. Small commercial projects below 250 sq metres SR1000.00 including apartment buildings & tourism projects of less than 30 rooms 3. | Large commercial projects above 250 sq metres SR5000.00 including apartment buildings & tourism projects and hotels above 30 rooms Appeal against revocation or modification of SR750.00 4. | permission to develop land Appeal against determination of Authority with SR750.00 5. respect to Preservation Order Appeal against determination of Authority on SR750.00 6. | objections and representations made with respect to Land Use Plans 7. | All other Planning Refusals SR1000.00 [12th April 2022] Supplement to Official Gazette 127 SCHEDULE 3 [Regulation 6(1)] The Appeals Board of the Physical Planning Authority Notice of Mention Versus Seer errrerrerrrerer Respondent You are hereby required to appear before the Physical Planning Authority Appeals Board, located at the ................... building at Victoria on the above mentioned date and time. Dated this «0.0000... day of 20........... SECRETATRY OF THE APPEALS BOARD To be servedon: 1. XXXX MADE this 29" day of March, 2022. BILLY RANGASAMY MINISTER OF LANDS AND HOUSING