(2) The Minister may by order grant permission to any class of development specified in the order either unconditionally or subject to such conditions or limitations as may be specified in the order, without the requirement for the making of an application for grant of express development permission. Any such class of development is hereinafter referred to as "permitted development".

     (3) Every development order made under subsection (2) shall be subject to negative resolution of the Legislative Council.

     (4) No department of Government, nor statutory undertaker, nor other agency of Government having responsibility for the issuing of any licence, permit, approval, consent or other document of authorisation pursuant to any other written law or regulation in connection with any matter related to or affecting the development of land, shall issue such licence, permit, approval, consent or other document of authorisation unless it has established that express development permission with respect to the proposed development has been granted under this Act, or is not required.

     (5) A notice of the grant of development permission shall be displayed prominently and maintained on any land on which development as defined in this Act is taking place, unless that development is permitted development authorised by a development order made by the Minister under subsection (2).

     (6) This Act does not exempt any development from the requirements imposed upon such development by any other written law or regulation.
  

     (2) Where the Authority is of the opinion that an application for outline development permission ought not to be considered separately from further information, it shall within 30 days of the receipt of the application notify the applicant that it is unable to entertain the application and shall invite the applicant to submit the required further information under paragraphs 23 (1) (a) or (b).

     (3) Notwithstanding subsection (1) and without restricting the generality of subsection (2) the Authority shall not entertain applications for outline development permission for development for which it is determined that environmental impact assessment is required under section 26, or for development which is subject to the provisions of Part VI.

     (4) The Authority may grant development permission expressed to be a detailed development permission the effect of which is to permit the carrying out of operations in, on, over or under any land, the making of a material change in the use of any building or land or the sub-division of land, subject to the terms and conditions of the grant of detailed development permission.

(b) be made in such manner as may be prescribed by the regulations made under section 82;

(c) include such information as may be required by the regulations or by directions given by the Authority or the Chief Planner; and

(d) be accompanied by the fee prescribed therefor.
  

(b) at his own expense, cause an environmental impact statement provided for under section 26, or economic feasibility study to be prepared of the proposed development and submitted to the Chief Planner.
  

     (3) Where an applicant does not furnish the Chief Planner with the further information required under paragraphs (1) (a) and (b) within the period prescribed in the notice or such longer period as may be granted by the Chief Planner, the Authority may decline to determine the application and may return the application to the applicant with a notice to that effect, or the Authority may refuse to grant development permission, as it thinks fit.
  

(b) give details of his application to the persons or authorities specified in the notice;

(c) affix a notice in a secure manner and in a prominent position on the land to which the application relates notifying passers-by that an application to develop land has been submitted to the Authority and giving details of the application;

(d) invite comments and representations on the application to be submitted to the Authority in writing within 28 days of the publication or provision of the details of the application or of the affixing of the notice on the land as the case may be.
  

(b) for permission to develop land in an environmental protection area;

(c) for which it is determined by the Authority that environmental impact assessment is required;

(d) for permission to carry out mining operations or minerals processing;

(e) for permission to deposit, store or otherwise deal with toxic or hazardous waste;

(f) for permission to develop any manufacturing process which will involve either directly or as waste, the production of toxic or other hazardous substances;

(g) for permission to carry out development for the keeping of poultry, pigs, goats or other livestock;

(h) for permission to carry out development for the purposes of an auto-repair shop, garage, or gas-station;

(i) for permission to carry out development for the purposes of a slaughterhouse, premises for the plucking of poultry or the processing of fish;

(j) for permission to carry out development for the purposes of a casino, gambling hall, bingo hall, recreation club, music hall, dance hall, discotheque, theatre, cinema or sports hall, premises for the sale and consumption of intoxicating liquor, or premises for the sale of hot food.
  

     (4) The Authority shall not determine an application for development permission falling within subsection (2), or otherwise prescribed, until all comments and representations received within the period specified in paragraph (1) (d) have been considered.
  

     (2) Notwithstanding the provisions of subsection (1) the Authority may require environmental impact assessment of any development (other than development set out in Schedule 3) where it is of the opinion that significant adverse environmental impact could result.

     (3) On receipt of an application for development permission, the Authority shall determine whether environmental impact assessment of the proposal is required having regard to -
  

(b) the geographical extent, scale and location of the proposed development;

(c) the extent and significance of the changes to the environment likely to be caused by the proposed development;

(d) the extent of general knowledge about the nature of the proposed development and its likely impact on the environment;

(e) any development plan for the area;

(f) any other matter as may be prescribed in the regulations.
  

     (5) Where the Authority issues a notice under subsection (4) that environmental impact assessment is required, the applicant, or as the case may be, the person responsible, shall submit to the Authority an environmental impact statement on the development proposal in such form and containing such information as may be prescribed, and the applicant or, as the case may be the person responsible, shall comply with this requirement.

     (6) In this section "person responsible" includes any person at whose order or on whose behalf the development will be or is being undertaken, as may be appropriate in any particular case.

     (7) The Minister may make regulations prescribing the qualifications, skills, knowledge and experience which shall be possessed by persons preparing environmental impact statements and may cause a register of persons so qualified to be compiled and a person who is on such a register shall be deemed to be approved by the Minister to prepare environmental impact statements for the Territory.
  

     (2) An authority which receives a request in writing from the Chief Planner for its comments on an application for development permission shall reply to that request within 28 days or other such period as may be agreed between the Chief Planner and the authority.

     (3) Where the Chief Planner has not received a reply to a written request for comments on an application from an authority within the time specified or agreed, he may proceed to determine the application notwithstanding the absence of a reply from the authority.

     (4) The Authority shall not determine the application for development permission until all comments requested in respect of the proposed development and received within the period specified in subsection (2) have been considered.

     (5) Any public officer or other person such as is mentioned in subsection (1), or his representative, may be invited by the Authority to attend and speak at any meeting called to consider the relevant application.

(b) an approved development plan applicable to the land to which the application relates, if any.
  

(b) views expressed by any authority consulted under section 27;

(c) any statement of policy issued by the Minister;

(d) any information, study or report provided by the applicant in response to a notice served under section 23;

(e) the likely impact of the proposed development on the natural or built environment;

(f) the likely impact of the proposed development on public health and safety;

(g) the susceptibility of the land to any natural or man-made hazards;

(h) the social and economic costs and benefits likely to accrue to the community as a result of the proposed development;

(i) policies on the use of land for agricultural purposes which have been issued by the Minister responsible for agriculture;

(j) the suitability of the land for the purposes intended;

(k) the quality and economy of the proposed development and of its design;

(l) the proposals made in the application for the means of access to, from and within the development, and for the provision of utility services to the development;

(m) the availability of water, electricity and waste disposal services;

(n) traffic considerations;

(o) the area of land required for the proposed development;

(p) such other planning matters as the Chief Planner considers to be relevant to the determination of the particular application.
  

     (4)  The Authority may, in addition to the matters set out in subsection (2) take into account any other material planning considerations notwithstanding that the Chief Planner has not advised the Authority on these matters.
  

(b) grant development permission subject to such conditions as it thinks fit; or

(c) refuse permission.
  

(b) information on the opportunities available to the applicant for appeal against the determination.
  

     (4) Where no decision is made within 90 days of receipt of the application and no notification of an extended date has been issued to the applicant, that application shall be deemed to have been refused for the purposes of paragraph 68 (2) (a).

     (5) For the avoidance of doubt, it is hereby declared that a development permission granted after expiration of the 90 day period referred to in subsection (4) is effective as a development permission for all purposes except those of paragraph 68 (2) (a).
  

(i) that an application which departs from an approved development plan has been received;

(ii) of the places where the application may be inspected by persons interested; and

(iii) that a public inquiry to examine the application will be held at a place specified in the notice, and at a time not being less than 28 days from the date of the notice; and

(b) invite comments and representations on any such application to be submitted to the Authority either orally at the public inquiry or in writing within a specified period not being less than 28 days from the date of the notice; and

(c) take into account any report, representation, or comment submitted to it under this section, including the findings of the public inquiry held under this section.
  

(i) the timing and phasing of the implementation of the development;

(ii) the dimensions, design, structure, or external appearance of any buildings or the number or disposition of any buildings on the land which is the subject of the development permission;

(iii) the location, design or materials of construction of any means of access from the development to a public road;

(iv) the disposal of sewage, effluent or trade waste from the development;

(v) the supply of water to the development;

(vi) the landscaping of the development;

(vii) the preservation of trees, vegetation or other natural features of the land where the development is to take place;

(viii) the preservation of any buildings or sites of importance to the cultural heritage of the Territory;

(ix) the reservation of any part of the land on which the development is to take place for roads, open space or other public or communal purposes reasonably incidental to the development;

(x) the nature of the materials to be used in any building or engineering operations in the development;

(xi) the routing of any vehicles or vessels to be used for the purpose of or in connection with the development;

(xii) the removal of materials or waste from such land or adjacent land used for the purpose and the carrying out of any works required for the reinstatement, restoration, or preservation of the land and the environment when the development is completed;

(b) regulating the development or use of any land under the ownership or control of the applicant (whether or not it is land in respect of which the application was made, provided that where such land is not included in land which is the subject of the development permission it shall be adjacent to the land which is the subject of the development permission) including the discontinuance of any existing uses of the land or requiring the carrying out of works including the demolition of any buildings on such land or the removal of plant and machinery from the land so far as appears to the Authority expedient for the purposes of or in connection with the development authorised by the permission;

(c) requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised at the expiration of a specified period, and the carrying out of any works required for the reinstatement of the land at the expiration of that period;

(d) regulating the use which may be made of any building or use of land authorised by the development permission notwithstanding an order made under subsection 20 (2);

(e) controlling or prohibiting the display on the land comprising the development, of any advertisement including the size, shape, colour or location of any such advertisement;

(f) requiring continuous environmental monitoring of the development authorised by the development permission;

(g) regulating the hours of work during which the development authorised by the permission may operate;

(h) the retention of any existing development or use of land to which the application relates, for a specified period;

(i) the payment of money or money's worth or the conveyance of land to the Crown in lieu of works required under the development permission;

(j) the entering into a performance bond by the applicant with the Minister to guarantee the implementation of any of the conditions subject to which the grant of development permission is made.
  

     (3) A development permission granted subject to any such condition as is referred to in paragraph (1) (c) is in this Act referred to as "permission granted for a limited period only".

     (4) The Authority shall not, by virtue of anything said in or following discussions or negotiations which may have taken place between any proposed developer and the Chief Planner or any person acting on his behalf as to any proposed or contemplated development, be bound to grant development permission in relation to any such development nor, if development permission is granted in respect of any such development, shall anything so said in any way preclude the Authority from granting it subject to any conditions that the Authority may consider proper.

     (5) No claim to compensation or damages shall lie against the Government, the Minister, the Authority, the Chief Planner or other public officer in respect of, or arising out of, or in connection with, any refusal of permission for development in relation to which subsection (4) applies, nor shall any such claim lie in respect of, or arising out of, or in connection with, the grant of any such permission subject to such conditions as the Minister or the Authority considers proper.

     (6) No claim to compensation shall lie against the Government, the Minister, the Authority, the Chief Planner or any other public officer in connection with or arising out of the grant by the Authority of development permission subject to conditions.
  

     (2) Without restricting the generality of subsection (1), terms and conditions may be included in an agreement -
  

(b) providing for contribution (whether of works, money or land) by the applicant towards the provision of services, facilities (including their future maintenance) and amenities in the area in which the proposed development is to be carried out;

(c) for the provision of security by the applicant for ensuring due compliance with the agreement.
  

     (4) An agreement made under this section shall not be entered into except by an instrument executed as a deed.
  

     (3) The charge provided for by subsection (1) shall be registered on the Land Register under the Registered Land Ordinance No. 8 of 1970.

     (4) A charge securing the performance of conditions of a development permission or of the terms of an agreement under section 32 may not bedischarged prior to the performance of the conditions of the permission or the terms of the agreement except by agreement made by deed between the Minister and the person or persons against whom it is enforceable.

     (5) A person against whom a performance bond is enforceable may when the performance is satisfied, apply to the Authority for the performance bond to be released.

     (6) Where an application is made to the Authority under subsection (5), the Authority may determine -
  

(b) that the performance bond shall continue to have effect with modifications;

(c) that the performance bond shall be released.
  

     (8) Where the Registrar enters a memorandum of satisfaction in whole, he shall furnish the person or persons against whom it was enforceable with a copy of it.
  

     (2) Where in accordance with the provisions of this section an outline development permission has expired, an application for detailed development permission in respect of that expired outline development permission may be refused without any liability to pay compensation under section 59.

     (3) A detailed development permission shall be granted subject to a condition that it shall lapse and cease to have effect if the development to which it relates has not been completed within three years of the grant of detailed development permission, or such longer period as may be authorised by the Authority in any particular case.

     (4) Detailed development permission may provide for different parts of the development to commence at different times, and in such a case the provisions of subsection (3) shall apply to those separate parts of the development as if a grant of detailed development permission was made for each separate part or stage of the development.

     (5) The Authority may serve written notice on a person who has commenced, but has not completed, within the time prescribed therefor, the development for which he has obtained permission, requiring that person to complete the development within the time specified in such notice, and stating that if the development is not completed within that period, the development permission will cease to have effect after the expiration of a further period specified in the notice.

     (6) Upon expiration of the further period specified in a notice served under subsection (5) the grant of development permission shall cease to be valid or to have any effect and any further development or work carried out with respect to that development permission shall be a breach of planning control.
  

     (2) Where a grant of development permission is made for a limited period only in accordance with paragraph 31 (1) (c), at the expiration of that period, the use of the land for the purpose for which it was used before the grant of such permission for a limited period, may be resumed without express grant of development permission only if that use was a lawful use.

     (3) Where a grant of development permission is made for the erection of a building, the grant shall specify the purposes for which the building may be used.

     (4) Grant of development permission may include permission, with or without conditions, to retain on land, buildings or works constructed or carried out thereon before the date of the application or for the continuance of any use of land instituted before that date ( whether without permission granted under this part or in accordance with permission so granted for a limited period only).

      (5) A condition in a permission granted under subsection (4) shall require the applicant to pay a sum of money into the Consolidated Fund in respect of the buildings or works constructed or carried out before the date of the application or in respect of any use of land instituted before that date.
  

     (2) A request for approval of variations to a grant of development permission shall be submitted to the Chief Planner in writing and shall be recorded in the register of planning decisions.

     (3) The approval of a minor variation shall be recorded in the register of planning decisions.

     (4) Where the Chief Planner is requested to approve a variation under subsection (2) but is of the opinion that the variation proposed is not a minor one, he shall refer the request to the Authority for determination and shall inform the applicant of that fact in writing.
  

     (2) The power conferred on the Authority by this section may be  exercised -
  

(b) where the grant relates only to the making of a material change in the use of building or other land, at any time before the change of use has taken place;

(c) where the grant relates only to subdivision of land at any time before the registration of the deed of subdivision under the Registered Land Ordinance No. 8 of 1970, has taken place.
  

     (4) A notice of the modification or revocation of a grant of development permission under this section shall include -
  

(b) such directions as the Authority considers necessary for the bringing to an end any development to which the notice relates;

(c) information as to any claim for compensation that may arise in consequence of the modification or revocation, and the procedure for making any claim for compensation;

(d) information as to the right of appeal under Part VIII of this Act; and

(e) such other matters as may be prescribed.
  

     (6) Notwithstanding subsection (5), the Authority, after considering any representations made in respect of such a notice, may at any time cancel or withdraw that notice.

     (7) An appeal shall lie, under Part VIII against the issue of a notice by the Authority under subsection (1), or against the refusal of the Authority to cancel or withdraw such notice under subsection (6).

     (8) Pending the determination of any such appeal referred to in subsection (7) the notice concerned shall be deemed to be suspended in its operation, save that any further development or work carried out shall be a breach of planning control.
  

38. (1) The Minister may by notice in the Gazette and at least one newspaper circulating in the Territory direct the Authority to refer to him-
  

(a) any application for development permission;

(b) all such applications of any class specified.
  

     (3) Where an application is referred to the Minister under this section, the provisions of this Part shall apply with necessary modifications as they apply to any application for development permission which falls to be determined by the Authority.

     (4) In determining an application referred to him under this section, the Minister may consult with any body or person he sees fit.

     (5) A determination of the Minister under this section shall be accompanied by a full and clear written statement of the reasons for the determination of the application.

     (6) Notice of the determination by the Minister of an application referred to him under this section, and of the place or places at which the application and the decision may be examined, shall be published in the Gazette and at least one newspaper circulating in the Territory.

     (7) The decision of the Minister on any application referred to him under this section shall be final.