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Administrative Review For Planning

 
Reasons to file an Administrative Review-Planning (AR) to the SBA Administrator. 
The Applicant pays AR fees and submits AR to District DTPH Office, and may challenge the result in the AC.
   
  A. Planning Authority (PLAU) decisions that may be challenged 
 
  • PLAU refuses to grant Planning Permit for the development of immovable property. (Planning)
  • PLAU refuses to grant an approval required for a reserved matter, or under a Development Order. (Planning)
  • PLAU imposes conditions on an approved Planning Permit which the applicant considers
  • detrimental to his interests. (Planning)
  • PLAU imposes / amends conditions on an approval required for a reserved matter, or under a Development Order, which the applicant considers onerous/detrimental to his interests. (Planning)
  • PLAU refuses to grant an approval required for modified/ revised plans of an approved Planning Permit. (Planning)
  • PLAU refuses to extend the validity period of a Planning Permit provided for under s. 28 of the Town & Country Planning Ordinance. (Planning)
  • PLAU fails issue decision on planning permit application for the development of immovable property within the period provided for by the Town & Country Planning Ordinance, or a period beyond that, as extended by written agreement between the PLAU and the applicant. Applies to all cases of applications (e.g. for Planning Permit, for approval required for a reserved matter, etc.) (Planning)
  • Applicant considers that PLAU was wrong to issue and/ or serve them with an Enforcement Notice. (Enforcement)
  B. Chief Officer (COSBA) Decisions Challenged
 
  • COSBA issues an Order, or sanctions a PLAU recommendation for such an Order, to rescind or amend a Planning Permit, to the extent COSBA sees fit. (Planning)
  • Applicant considers that COSBA was wrong to impose an Administrative Penalty for non-compliance with an Enforcement Notice. (Enforceme
     Administrator’s Options (Planning decisions) 
 
  • Allows the AR; or 
  • Rejects the AR; or 
  • Cancels or amends part of the planning decision. 
  • Can consider the planning permit application as if it had been directly submitted to him. 
     Administrator’s Options (Enforcement decisions) 
 
  • Allows the AR and instructs PLAU to cancel its decision to issue and serve an Enforcement Notice and, where appropriate, issues a Planning Permit with or without conditions; or 
  • Rejects the AR and endorses PLAU’s decision to issue and serve an Enforcement Notice. 
  • Allows the AR and cancels COSBA’s decision to impose an Administrative Penalty; or 
  • Rejects the AR and endorses the COSBA’s decision to impose an Administrative Penalty; or 
  • Amends COSBA’s decision to impose an Administrative Penalty; or 
  • Issues a new decision in replacement of COSBA’s decision to impose an Administrative Penalty. 

 

 
KEY    Description
AR:   Administrative Review
Administrator:   Administrator of the Sovereign Base Areas
MoI:   Ministry of Interior of the Republic of Cyprus (RoC)
P:   Applicant
PLAU:   Planning Authority - District/Central Town Planning Housing Office (TPHO) 
COSBA:   Chief Officer of the Sovereign Base Areas
DAO   RoC District Administration Office (of Limassol, Larnaca, Famagusta) 
MCO:   RoC Municipal Council Office
AO:   Area Officer
AC:   Administrative Court (RoC)
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