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PHYSICAL PLANNING AND DEVELOPMENT ACT
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23.   Determination of applications

Revised Laws of Saint Lucia (2021)

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23.   Determination of applications

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    (1)   Where application is made for permission to develop land under section 19, the Head of the Physical Planning and Development Division shall have regard to the provisions of the physical plan for the area within which the land is situated, if any, and to any other material considerations and may, subject to subsection (2), grant permission either unconditionally or subject to such conditions that appear to be fit, or may refuse permission.

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    (2)   The Head of the Physical Planning and Development Division shall not grant permission where an application for any development mentioned in Schedule 4 is made, unless the application has been submitted to the Advisory Committee for review and the Advisory Committee has submitted its advice to the Head of the Physical Planning and Development Division in accordance with section 7(5).

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    (3)   The Head of the Physical Planning and Development Division shall give the applicant notice in writing of the decision made under subsection (1) and, in the case of an application for permission to develop land where such permission is granted subject to conditions or is refused, the notice shall state the reasons for that decision.

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    (4)   If after consideration of the application and examination of the plans submitted therewith, the Head of the Physical Planning and Development Division considers it desirable so to do, the plans may be referred to the applicant for amendment and, where this is done, the running of time for giving a decision on the application will be suspended for the purposes of section 24 until the amended plans are resubmitted by the applicant.

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    (5)   Where the permission granted to any person to undertake any development is granted subject to conditions, the Head of the Physical Planning and Development Division may, if this appears to be necessary, enter into an agreement with such person in order to give effect to such conditions.

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    (6)   The Head of the Physical Planning and Development Division may require any developer to provide a bond in such sum, or any other instrument of guarantee of performance, as may be necessary to give effect to any permission to undertake development.

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    (7)   Despite the provisions of subsections (5) and (6) and anything that may be done thereunder, the Head of the Physical Planning and Development Division may at any time revoke any permission to develop land or any part thereof, without compensation, if any fundamental condition attached to the permission to develop the land is not complied with.

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