XN000022-1991-05-08 — Page 13

WEDNESDAY, MAY 8, 1991

11

BILL PROVIDES FOR IMPROVED SYSTEM OF APPEAL AGAINST

TOWN PLANNING BOARD'S DECISIONS

+

AN

THE TOWN PLANNING (AMENDMENT) (NO.2) BILL 1991 PROVIDES FOR

THE INDEPENDENT AND PRACTICABLE SYSTEM OF APPEAL AGAINST DECISIONS OF TOWN PLANNING BOARD UNDER SECTION 17 OF THE EXISTING ORDINANCE, AND IN INADEQUACIES OF THE SO DOING ADDRESSES MUCH OF THE CONCERN ON THE PRESENT SYSTEM OF APPEALS.

THE OF THE COUNCIL

THE ACTING SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS, HON MARTIN LEWIS, STATED THIS WHEN MOVING THE SECOND READING TOWN PLANNING (AMENDMENT) (NO.2) BILL 1991 IN THE LEGISLATIVE TODAY (WEDNESDAY).

INDEPENDENT THE TOWN

AN ESTABLISHING MR LEWIS SAID THE QUESTION OF APPEAL SYSTEM TO CONSIDER OBJECTIONS TO PLANS PREPARED BY PLANNING BOARD WAS BEING ACTIVELY CONSIDERED BY THE ADMINISTRATION PART OF THE OVERALL REVIEW OF THE ORDINANCE.

"THE BILL INTRODUCED TODAY SETS OUT THE ESTABLISHMENT, MEMBERSHIP AND PROCEDURES OF THAT APPEALS BODY.

AS

POWERS,:

OF REVIEW IN WHICH IS APPLICANT PLANNING

"IN ADDITION, IT PROVIDES FOR A FURTHER RIGHT

PLANNING PERMISSION, RESPECT OF CONDITIONS IMPOSED ON CURRENTLY NOT PROVIDED FOR IN THE EXISTING ORDINANCE, AS AN CAN ONLY ASK THE BOARD TO REVIEW ITS DECISION OF REFUSAL OF PERMISSION, HE SAID.

THE AMENDMENTS CONTAINED IN THE BILL WILL MAKE CHANGES TO THE ORDINANCE. THEY WILL:

THE

FOLLOWING

*

PROVIDE A RIGHT OF REVIEW IN RESPECT OF CONDITIONS ON THE PLANNING PERMISSION;

IMPOSED

PROVIDE FOR AN INDEPENDENT APPEAL BOARD TO FOR THE GOVERNOR IN COUNCIL UNDER SECTION 17(7):

BE SUBSTITUTED

SET OUT THE ESTABLISHMENT, MEMBERSHIP, POWERS AND OF THE APPEAL BOARD;

PROCEDURE

*

IN

PROVIDE FOR REGULATIONS PRESCRIBING THE PROCEDURES

AN

IN FOLLOWED

THE MAKING

APPEAL, AND DETERMINATION OF AN APPEAL; AND

ΤΟ BE

HEARING

AND

PROVIDE FOR THE REGISTRATION OF NOTICES SERVED UNDER SECTION 23(1), (2) AND (3).

FOR THE

THE BASIC APPROACH IS TO SUBSTITUTE THE APPEAL BOARD GOVERNOR IN COUNCIL AS THE INDEPENDENT CHANNEL OF APPEAL AGAINST THE BOARD'S DECISION ON A REVIEW UNDER SECTION 17, EXTENDED TO INCLUDE THE RIGHT OF REVIEW OF AN APPLICANT AGGRIEVED BY THE CONDITIONS THE IMPOSED ON A PLANNING PERMISSION.

BOARD

"THE APPEAL BOARD MAY ADJOURN A HEARING, CONFIRM, VARY THE DECISION APPEALED AGAINST.

REVERSE OR

ITS DECISION ON ANY APPEAL SHALL

1.

BE FINAL, MR LEWIS SAID.

/"TO DETER