DEVELOPMENT PLANNING
(PLANNING OBLIGATIONS) [ S.L.356.17 1
SUBSIDIARY LEGISLATION 356.17
DEVELOPMENT PLANNING
(PLANNING OBLIGATIONS) REGULATIONS
1st February, 2002
LEGAL NOTICE 28 of 2002.
Title .
(Planning Obligations) Regulations.
Definitions.
requires:
Cap. 356.
"the Authority" has the same meaning as is assigned to it in
article 2 of the Act;
"development permission" means a permission to carry out
development granted by the Authority on an application;
"planning obligation" in relation to these regulations shall have
the same meaning assigned to them by article 40 of the Act limited
to those entered into by public deed;
"relevant period" for the purposes of regulation 5(2) means:
( a ) such periods as may be specified in accordance with
regulation 3(1)( b ), or
( b ) if no such period is prescribed, the period of five years
beginning with the date the obligation is entered into
by means of a public deed.
(2) In these regulations any expression defined by the Act has
the same meaning as it has in the Act.
Types of planning 
obligations.
3. (1) A planning obligation may:
( a ) be unconditioned or subject to conditions;
( b ) be for a specific period or periods or be for an
indefinite period of time in regard to any restrictions
or requirements mentioned in article 40(2)( a ), ( b ) or
( c ) of the Act;
( c ) if it requires a sum or sums to be paid in terms of
article 40(2)( d ) of the Act, that such sum is specified
in the public deed entered into by the applicant with
the Authority;
( d ) if they require a sum or sums to be paid periodically in
terms of article 40(2)( d ), such sum may be required to
be paid for a specified period of time or indefinitely.
(2) A planning obligation entered into by a public deed shall:
( a ) include a statement that the obligation is a planning
obligation for the purpose of article 40 of the Act,
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DEVELOPMENT PLANNING
(PLANNING OBLIGATIONS)
( b ) identify properly the site to which the obligation is
related, and
( c ) identify exactly the person who enters into a planning
obligation and the interest of such person on the site so
identified.
Enforcement of 
planning 
obligations.
4. (1) A planning obligation shall be enforceable by the
Authority against the person entering into such obligation or
against any person acquiring in any manner the property or rights
on which there is such permission covered by the planning
obligation.
(2) If it appears to the Authority that any restriction or
requirement imposed by a planning obligation as mentioned above
is not abided by, the Authority shall serve a notice to any person
mentioned in subregulation (1), requiring such steps as may be
specified in the notice to comply with any such restriction or
requirement, within such time as may be specified in the notice,
including the discontinuance of anything being done or carried on.
(3) The Authority shall not give less than fifteen days' notice
when serving a notice as is specified in subregulation (2). However,
any order stopping anything that is being carried out or done has to
be complied with immediately.
(4) The Authority may also in the notice specified in
subregulation (2), revoke or modify the development permission
covered by the planning obligation, subject to the fulfilling of the
planning obligation or the payment of the stipulated sum, as the
case may be.
(5) Subject to the provisions of subregulations (1) to (4), the
provisions of article 55A of the Act shall apply to a notice issued in
terms of this article.
Modifications and 
discharge of 
planning 
obligations.
5. (1) A planning obligation may not be modified or
discharged except:
( a ) by agreement between the Authority and the person on
whom such obligation is enforceable; or
(b) in accordance with the following subregulations.
(2) A person on whom a planning obligation is enforceable
may, after the expiry of the relevant period, apply to the Authority
for the obligation:
( a ) to have effect subject to such modifications as may be
specified in the application; or
( b ) to be discharged.
(3) An application under subregulation (2)( a ) may not specify a
modification imposing a condition or obligation on any other
person against whom the obligation is also enforceable.
(4) An application under subregulation (2) shall be made on a
form as the Authority may from time to time specify.
(5) Where such an application is made to the Authority, the
Authority may determine:
DEVELOPMENT PLANNING
(PLANNING OBLIGATIONS) [ S.L.356.17 3
( a ) that the obligation shall continue to have effect
without modification; or
( b ) that the obligation shall be discharged if it no longer
serves a useful purpose; or
( c ) that the obligation shall continue to have effect subject
to the modifications requested in the application, if
such obligation continues equally to serve a useful
purpose subject to such modifications.
(6) Such determination shall be notified to the applicant within
three months from the date that the Authority is notified with such
an application.
(7) Where the Authority determines that a planning obligation
shall have effect subject to modifications specified in the
application, the obligation as modified shall be enforceable as if it
had been entered into on the date on which notice of the
determination was given to applicant.
Appeals from 
planning 
obligations.
6. (1) A right of appeal shall lie from the Authority’s
decision to the Planning Appeals Board in terms of regulation 4(2)
and (4) by any person on whom such notice is issued, within fifteen
days from the service of the notice in terms of article 62 of the Act.
(2) In case of an appeal mentioned in subregulation (1), the
Appeals Board shall determine only whether a planning obligation
has been breached or a payment has not been effected and if it is
satisfied that no such breach has occurred or that payment has been
effected in terms of the obligation, it shall uphold the appeal. If it is
satisfied that a breach has occurred or that payment has not been
effected, it shall dismiss the appeal.
S.L.356.02
(3) In case of such an appeal mentioned in subregulation (1),
the provisions of the Act and of the Planning Appeals (Fees)
Regulations, relating to procedure and fees of appeals from
enforcement notices shall apply  mutatis mutandis  to such appeals.
(4) Where the Authority -
( a ) determines that a planning obligation shall continue to
have effect or to have effect without modifications
requested by an applicant in terms of regulation 5(5),
or
( b ) fails to give notice of its determination to the applicant
within the stipulated time mentioned in regulation
5(6),
the applicant may appeal to the Planning Appeals Board within
thirty days of his being notified with the determination, or within
thirty days of the lapse of the stipulated period above mentioned in
paragraph ( b ), as the case may be.
S.L.356.02
(5) In case of such an appeal mentioned in subregulation (4),
the provisions of the Act and of the Planning Appeals (Fees)
Regulations, relating to procedure and fees of appeals from refusal
of a development permission shall apply  mutatis mutandis  to such
appeal.
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DEVELOPMENT PLANNING
(PLANNING OBLIGATIONS)
(6) In the case of subregulation (4)( b ), for the purpose of an
appeal, it shall be assumed that the Authority has determined that
the obligation shall continue to have effect without modification.
(7) An interested third party shall have no right of appeal to the
Planning Appeals Board under regulations 3, 4 and 5.
