BP

4) The Department shall from time to time appoint persons to act in the place of any persons who are disqualified for acting under subparagraph (3) or who are through sickness or absence or otherwise unable to act.

5) The Department may make standing orders with respect to the proceedings of the Planning Committee.

6) This paragraph is without prejudice to the powers of the Department -

1. To delegate any function, other than a function under this Schedule, to the Planning Committee; or
2. To delegate any function under this Schedule to a person other than the Planning Committee;

and where any function under this Schedule stands delegated to any person other than the Planning Committee, any relevant reference in this Schedule to the Planning Committee shall be construed as a reference to that person.

3. Applications for planning approval

1) An application to the Department for planning approval shall be made on a form to be supplied by the Department, and shall include such particulars, and be accompanied by such plans and drawings, as the Department may (either generally or in the particular case) direct.

2) The Planning Committee may decline to consider an application in any case where it considers that the application is substantially the same as an application, which has been refused at any time in the previous 5 years.

4. Notice of application

1) Unless -

1. The Planning Committee otherwise directs on the grounds that the case is of a minor or routine nature, or
2. The Planning Committee declines to consider the application under paragraph 3(2),

The Department shall publish particulars of the application in at least one newspaper published and circulating in the Island, and may give such other notice as the Planning Committee may direct.

2) A notice under this paragraph shall state that any person who considers that he may be adversely affected by a determination of the application may make objections or representations in writing with respect to the application to the Planning Committee before such date (not being earlier than the date on which the notice is first published) as may be specified in the notice.

5. Initial decision

1) Except where a previous application relating to the same matter has not been finally disposed of or the Planning Committee declines to consider the application under paragraph 3(2), the Planning Committee shall make an initial decision on every application for planning approval within 8 weeks of -

1. The date on which the application is received, or
2. Where the Department has directed under paragraph 3(1) that further particulars or other matters be furnished, the date on which the applicant complies with the direction.

2) Where the Department has directed under paragraph 3(1), that further particulars or other matters be furnished and the applicant fails to comply with the direction within such time (not being less than 21 days) as may be specified therein, the application shall be deemed to have been withdrawn.

3) If the Planning Committee fails to comply with sub-paragraph (1), the applicant may, at any time after the expiration of the said period of 8 weeks, give written notice to the Department requiring the Committee to determine the application within 14 days of the date of service of notice, and if the Planning Committee fails to do so the application shall be deemed to have been refused on the expiration of the said period of 14 days.

4) As soon as possible after the determination by the Planning Committee of an application for planning approval, the Department shall give notice in writing of the decision to the applicant and to every person who has made objections or representations in accordance with a notice under paragraph 4 with respect to the application; but no such notice shall be given in the case of a deemed refusal under sub-paragraph (3).

5) A notice under sub-paragraph (4) shall -

1. state that the person on whom it is served may in accordance with paragraph 6(1) request the Planning Committee to review its decision; and
2. in the case of a refusal of the application, state the reasons for the decision.

6) A decision under this paragraph shall not have effect until the application is finally disposed of.

6. Review of decisions

1) Any of the following persons -

1. the applicant for planning approval
2. the owner and the occupier of any land the subject of the application
3. the Local Authority in whose district the said land is situated; and
4. any person who made objections or representations in accordance with a notice under paragraph 4 with respect to the application,

may within 21 days service of a notice under paragraph 5(4) by notice in writing to the Department request the Planning Committee to review its decision.

2) The Planning Committee shall refuse a request under sub-paragraph (1) -

1. if it appears to the Committee that the person by whom it is made (not being a public body or a person mentioned in sub-paragraph (1)(a) or (b) has no interest, or no sufficient interest, in the subject matter of the application; or