Citation

1.           These Regulations may be cited as Physical Planning (Control of Development of Land) Regulations, 2023.

Application for permission to develop land

2.(1) An application to the Authority for permission to develop land made pursuant to section 36 of the Act shall  —

1. be made in writing in the form specified in Schedule 1 and shall include the particulars required to be supplied by such form and be accompanied with  —

   1. a location plan sufficient to identify the land to which the application relates;

   2. contain such other plans and drawings as are necessary to describe the development which is the subject of the application; 

   3. have such additional number of copies of the form referred to in paragraph (i) and the plans and drawings referred to in subparagraphs (ii) as may be required by the Authority; and 

   4. if, the application for a commercial or industrial  development, have  photograph of the notice board of the proposed development posted at the nearest boundary beacon on the proposed development site, facing any road or road reserve; 

   5. the notice board refereed to under subparagraph (iv) shall.

2. be visible to onlookers and shall  —

   1. provide the subject of the proposal; its siting and height; the site plan to a scale of 1:500 or 1:1000 and elevations, shall state the name of the construction company if possible and the name of the developer;

   2. be not less than 1.2 meters by 1.2 meters and of a legible font that fits the size of the notice;

   3. show the proposed development foot print and parcel boundary beacons as pegged out on site and photographs thereof be submitted to the Authority as part of the application; 

3. as required by section 37, the architect, engineer, surveyor or draughtsman shall place a copy of the notice board as per subparagraph (iv) in the district or regional office, in consultation with the District Authority, together with photographic evidence of the pegged out site and notice board taken to the closest boundary beacons;

4. the developer must submit the Planning Application in accordance with the Checklist as per Schedule 2; a

5. such fees as may be prescribed.

6. the Agent and developer shall sign a declaration form accordingly

(2) The Authority may, in addition to the matters specified in subregulation (1), require the applicant, in writing, to furnish further information in respect of an application for permission to develop land as it may require to enable it to determine that application.

Application for minor works

3.  Development of any class specified in Schedule 3 to these regulations shall be considered as Minor Works and a developer shall apply in the manner and form as provided by the Authority.

Public consultation

4.(1)     Where in the opinion of the Authority a proposed development is necessary to be subject to the process of public consultation, the  —

1. developer in collaboration with the District Authority shall undertake a door-to-door survey the radius of which the coverage area shall be determined by the Authority depending on the type of activity proposed;

2. the developer shall place a site notice on the boundaries of the development site advertising the proposal and making a call for representations;

3. the developer shall send scoping letters in collaboration with the District Authority to all the neighbours within the radius specified by the Authority under sub regulation (1) (a);

4. Authority shall also specify depending on the type of proposed activity the mode of public consultation which may include  — 

   1. stakeholder meetings;

   2. one-to-one interviews;

   3. roundtable discussions;

   4. public meetings;

   5. seminars or workshops;

   6. focus groups;

   7. public surveys; (viii) written submissions; or

                                       (ix)    web forums.

2. The survey undertaken under subregulation (1)(a) shall be developed in a way to get the views, concerns, objections or proposals from the public within the determined development radius. 

3. Any member of the public may inspect the development application free of charge at the district administration at which the intended development is planned and to provide any comments on the proposed development plans in writing within 14 days upon lodgement of the development plans with the Authority.

4. For the purposes of sub-regulation (3), the comments on the development plans shall be made in the form specified under Schedule 4.

Procedure for dealing with application

5.(1) The Authority shall, not later than 7 days after the receipt of an application under regulation 2, send to the applicant an acknowledgement thereof. 

2. The Authority may, by a direction in writing addressed to the applicant, require to be produced to an officer of the Authority, such evidence in respect of an application for permission to develop land made to the Authority, as the Authority may reasonably call for, to verify any particulars of information given to it.

3. The Authority shall notify an applicant of its decision not later than 90 working days after the date of receipt of the application by the Authority, or of such extended period as may be agreed upon in writing between the applicant and the Authority.

4. A notice under sub-regulation (3) shall state the decision of the Authority and where the Authority decides to refuse permission or approval to develop land or grant such permission or approval subject to conditions, shall contain a statement of the reasons for the decision; and

5. The time limit provided for in subsection (3) shall run from the time that complete documents and all information required by the Authority to determine the application are received by the Authority.

Matters to be taken into consideration when dealing with an application

6.  When dealing with an application for permission to develop land, the Authority shall  —

1. have regard to the land use plans and national land use plans in force, and other relevant laws in so far as material to such application;

2. consult with any relevant authority or person; and

3. comply with the directions of the Ministry responsible for Environment with respect to any development or activities requiring the authorization of such Ministry under the provisions of the Environment Protection Act, 2016.

Application for conceptual approval of development

7.(1) A person may, before making an application under regulation 2, make an application to the Authority for the conceptual approval of a proposed development.   

2. An application under subregulation (1) shall be made in writing in the form specified in Schedule 5 and shall be accompanied by  —

   1. a location plan sufficient to identify the land to which the application relates, in a legible scale;

   2. such other plans and drawings, in a scale to be specified by the Authority, as are necessary to describe the development which is the subject of the application, including a location plan, a topographical plan where necessary, an elevation plan, a floor plan and conceptual drawings; 

   3. such additional number of copies of the application form and the plans and drawings referred to in paragraphs (a) and (b) as may be required by the Authority; and

   4. such fees as may be prescribed.

3. All documents required to be submitted to the Authority when making an application under this regulation, including the application form and all relevant plans and drawings, may be submitted to the Authority online or in physical copies. 

4. The Authority may, by a direction in writing addressed to the applicant, require to be produced to an officer of the Authority, such evidence in respect of an application made under sub-regulation (1), as the Authority may reasonably call for, to verify any particulars of information given to them.

5. The Authority shall notify an applicant, in writing, of the outcome of an application under this section, not later than 30 working days after the date of receipt of the application by the Authority.

6. A notice under sub-regulation (5) shall state  —

   1. any matters in favour of permission being granted for the proposed development;

   2. any matters which may render the grant of permission for the proposed development unlikely;

   3. conditions which should be fulfilled on a subsequent detailed application for permission to develop land to be considered favourably. 

7. Notwithstanding the giving of notice to an applicant under subregulation (6),  —

   1. no such development shall be carried out without the permission of the Authority granted pursuant to an application made this regulation respect of such development; and

   2. the Authority may in granting permission for the development pursuant to an application under regulation 3, impose conditions subject to which such permission is granted, which were not specified in the notice under subregulation 6.

Procedures where Authority fails to notify

8. Where an application for permission to develop land is made to the Authority and the Authority fails to notify the applicant of its decision within the period specified under regulation 5(3) or 7(5),  —

1. the applicant shall notify the Board of the Planning Authority of such failure; and

2. if the Authority fails to notify the applicant of its decision within 14 days of receipt by the Board of a notice under paragraph (a), regulation 9 shall apply to the application as if the permission has been refused by the Authority and as if notification of their decision had been received by the applicant at the expiration of the period specified in regulation 5(3) or the extended period agreed upon by the applicant and the Authority, as the case may be.

Register of applications

9.(1) The Authority shall keep a register pursuant to section 43 of the Act, containing the following information  —

1. particulars of every application for permission to develop land made to the Authority including the name and address of the applicant, the date of the application and brief particulars of the development forming the subject matter of the application;

2. particulars of any direction given under the Act or these regulations in respect of the application;

3. the decision, if any of the Authority in respect of the application and the date of such decision;

4. the date and effect of any decision of the Appeals Board in respect of the application; and

5. the date of any approval given subsequent to an appeal referred to in paragraph (d), in relation to the application.

6. A register kept pursuant to sub-regulation (1) shall include an index, so as to enable a person to trace any entry in the register.

7. A register kept pursuant to sub-regulation (1) shall be  —

   1. kept at the office of the Authority;

available for inspection by the public at all reasonable hours. 

Revocation and modification

10.(1) Where the Authority considers that a permission to develop land should be revoked or modified on any of the grounds specified in section 44 of the Act, it shall give to the developer, and any person having an interest in the land to which the permission relates, a  written notice  —

1. stating its intention to revoke or modify the permission;

   1. specifying the grounds for the proposed revocation or modification;

   2. inviting the persons to which notice was given, to show cause, not later than 21 days of service of the notice, why the Authority should not revoke or modify the permission.

2. A person on whom a notice is served under this regulation may make representations in writing or otherwise show cause to the Authority why the Authority should not revoke or modify the permission within 21 days of service of the notice. 

3. The Authority shall not revoke or amend a permission to develop land without considering any representations or submissions made under sub-regulation (2).

4. The Authority may, revoke or modify a permission to develop land  —

   1. if no submissions or representations are made to the Authority under subregulation (2) within 21 days of service of the notice; or

   2. if submissions or representations are made within that period of time, but the Authority after considering such submissions or representations considers that the permission should be revoked or modified.

5. Where the Authority revokes or modifies a permission under subregulation (4), it shall, not later than 7 days after the date of the revocation or modification, give the persons a written notice under subregulation (1) stating  —

   1. that the permission has been revoked or modified and if modified the manner in which the permission has been modified; 

   2. the date on which the permission was revoked or modified; and 

   3. that such persons may appeal to the Appeals Board against such revocation or modification within 30 days after service of a notice under this sub-regulation.

Tree Preservation Order

11.(1)  A tree preservation order made pursuant to section 48 of the Act shall specify the tree, groups of trees or woodlands to be preserved under the order and may in particular make provision for  —

1. prohibiting, subject to any exemption made under the order, the cutting down, topping, lopping or willful destruction of trees without the consent of the Authority, which may be given subject to conditions;

   1. securing the replanting, in such manner as may be specified by the order of any woodland area or part of such area that is felled in the course of forestry operations permitted by the order;

   2. applying in relation to any consent under paragraph (a) and to applications for such consent, any of the provisions of the Act relating to permission to develop land and to applications for such permission, subject to such adaptations and modifications as may be specified in the order;

   3. the payment by the Authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of material damage or expenditure caused or incurred in consequence of the refusal of any consent required under the order or of the grant of any such consent subject to conditions.

(2) A tree preservation order shall not apply to the cutting down, topping or lopping of trees  — 

1. that are dying or dead or have become dangerous;

2. in compliance with any obligation imposed by any other written law; or

3. so far as may be necessary for the prevention or abatement of a nuisance.

Building Preservation Order

12.  A building preservation order made pursuant to section 48 of the Act shall specify the building to be preserved under the order and may in particular make provision for  —

1. requiring the consent of the Authority for the execution of works of any description specified in the order;

   1. applying in relation to a consent referred to in paragraph (a) and to applications for such consent, any provision of the Act relating to permission to develop land and to applications for such permission, subject to such adaptations and modifications as may be specified in the order;

   2. enabling the Authority where any works referred to in paragraph (a) have been executed in contravention of the order, to require the restoration of the building to its former state and for that purpose, for applying any of the provisions of Part VI of the Act with respect to enforcement notices, subject to such adaptations and modifications as may be specified in the order;

the payment by the Authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of material damage or expenditure caused or incurred in consequence of the refusal of any consent required under the order or of the grant of any such consent subject to conditions.

Notice to owners and occupiers

13.(1) he Authority shall, before making a tree preservation order or a building preservation order, serve a notice on the owners or occupiers of land affected by such order, of its intention to make such order.

2. A notice under sub-regulation (1) shall  —

   1. contain  — 

      1. in the case of a tree preservation order, the matters specified in regulation 11(1) in so far as such matters are applicable to the proposed order; and

      2. in the case of a building preservation order, the matters specified in regulation 13 in so far as such matters are applicable to the proposed order;

   2. state that the owners or occupiers of the land affected by the proposed order may make objections or representations with respect to the proposed order and specify the time within which such objection or representation may be made.

Objections and representations

14.(1) If within 14 days after service of a notice under regulation 13, any objection or representation with respect to a proposed tree preservation order or building preservation order is made in writing to the Authority, it shall consider the objection or representation and, within 14 days after the making of the objection or representation, make a determination upon such objection or representation.

(2) The Authority shall notify the person who made an objection or a representation, of a determination under sub-regulation (1) not later than 7 days after the making of such determination.

Making, service and operative date of preservation order

             15.(1)    If within 30 days after service of a notice under regulation 13 — 

1. no objection or representation with respect to a proposed tree preservation order or building preservation order is made, the Authority shall make the order within 7 days after the expiry of the period of 14 days within which objections or representations could be made;

   1. any representation or objection is made with respect to a proposed tree preservation order or building preservation order and the Authority makes a determination upon it, the Authority shall make the order within 7 days after  —

      1. the making of the determination where such determination is not inconsistent with the making of the order; or

      2. where an appeal is made against a determination under subparagraph (i), and the determination of such appeal allows the making of the order, the final determination of the appeal,

whichever is the latest.

                  (2)    An order made under subregulation (1) shall  —

1. not later than 7 days after it is made, be served on the owners and occupiers of the land to which the order relates and published in the Gazette; and

   1. become operative on the date on which it is made.

Provisional order

16.(1) Notwithstanding regulation 13, where it appears to the Authority that any tree preservation order or building preservation order should take effect immediately, it may make the order provisionally without complying with the requirements of that regulation with respect to the consideration of objections and representations.

(2) A provisional order made under subregulation (1) shall cease to have effect 30 days after the date on which it is made, unless within that period a tree preservation order or building preservation order has been made after compliance with the requirements of regulation 14 with respect to the consideration of objections and representations. 

Notice to abate injury caused by waste land etc

17.(1) Where it appears to the Authority that the amenity of an area may be seriously injured by  — 

1. the condition of any garden, vacant site or other open land in the area; 

   1. a building or structure which is in a ruinous or dilapidated condition; or

   2. rubbish or other material resulting from or exposed by, the demolition or collapse of a building or structure lying on the site or on any adjoining land,

it may, pursuant to section 49 of the Act, serve a notice on the owner or occupier of the land, or the building or structure, or the site or adjoining land, as the case may be, requiring that such steps for abating the injury as may be specified in the notice, be taken.

                  (2)    A notice under subregulation (1) (a) shall specify the  — 

1. the garden, vacant site or other open land to which the order relates; and

   1. the steps to be taken for abating the injury.

2. A notice under subregulation (1)(b) shall specify the building or structure to which the notice relates and may in particular require the owner or occupier of such building or structure to  — 

   1. execute such works of repair or restoration as may be 

specified in the notice; or

1. if that owner or occupier so elects, to take such steps for demolishing the building or structure, or any part thereof as may be specified in the notice, and removing any rubbish or other material resulting from or exposed by such demolition followed immediately by the implementation of a landscaping scheme submitted to and approved by the Authority. 

2. A notice under subregulation (1)(c) shall specify the site or land to which the notice relates and may in particular require the owner or occupier of such site or land to take such steps for removing the rubbish or material as may be specified in the notice followed immediately by the implementation of a landscaping scheme submitted to and approved by the Authority. 

3. Where the owner of the land, or the building or structure, or the site or adjoining land, as the case may be, to which a notice under subregulation (1) relates, is unknown or cannot be located, the notice shall be published in a widely circulated, local newspaper.

4. Sections 51(2), 52(4), 56, 57 and 58 of the Act shall apply to a notice under subregulation (1), subject to such exceptions and modifications as may be specified in the notice, as those sections apply in relation to an enforcement notice served under Part VI. 

Appeal against a development decision

18. An applicant aggrieved by the decision of the Authority may appeal to the Appeals Board in such form and manner as may be prescribed.

SEYCHELLES PLANNING AUTHORITY (2023 Edition) CHECKLIST 

FOR PLANNING APPLICATIONS IN CONJUNCTION WITH SCHEDULE 4 OF THE PHYSICAL PLANNING ACT 2021 (Act 55 of 2021) (CONTROL OF THE DEVELOPMENT OF LAND) REGULATION. 

Important Notes: Please note that this checklist is a guide. All the agents are requested to submit this checklist upon submission of planning applications. All required documents should be submitted ONLINE. Please check and tick the required items accordingly. After screening your application, the Planning Counter staff at the Planning Authority may request for additional information or appropriate corrections 

NB: Each of the following required documents should occupy one sheet.

CHECKLIST FOR PLANNING APPLICATIONS IN CONJUNCTION WITH SCHEDULE 4 OF THE PHYSICAL PLANNING ACT 2021 (Act 55 of 2021) (CONTROL OF THE DEVELOPMENT OF LAND) REGULATION. 

Important Notes: 

Please note that this checklist is a guide. All the agents are requested to submit this checklist upon submission of planning applications. All required documents should be submitted ONLINE. Please check and tick the required items accordingly. After screening your application, the Planning Counter staff at the Planning Authority may request for additional information or appropriate corrections 

NB: Each of the following required documents should occupy one sheet.

PART  I

1. (1) The following development shall be considered Minor Works under Regulation 3 subject to the conditions set out opposite the description of that development in column 2.

(2) The references in that column to standard conditions are to the conditions numbered and set out in Part II.

2. In these regulations “curtilage” in relation to a dwelling house means the area around the dwelling house.

PART II

PART III

Standard Conditions

1. The permission shall not authorise any development which involves the formation, laying out or material widening of a means of access to any road used by vehicular traffic.

2. No development shall be carried out which creates an obstruction to the view of persons using any road used by vehicular traffic at or near any bend, corner, junction or intersection so as to be likely to cause danger to such persons.

Physical Planning (Revocation or Modification) Notice

The Planning Authority, in exercise of the powers conferred by section 44 of the Physical Planning Act, 2021 hereby make the following Notice  —

The Authority may, if it is of the opinion that any permission granted to develop land is subject to any of the grounds listed under section 44(1) (a), (b), (c), or (d) revoke or modify any such permission granted to develop land and the notices for such revocation or modification shall be as set out in the form and manner respectively  —

FORM 1

REVOCATION NOTICE

THIS IS A NOTICE FOR THE REVOCATION OF PERMISSION GRANTED TO DEVELOP LAND PURSUANT TO SECTION 44 OF 

THE PHYSICAL PLANNING ACT, 2021

The authority hereby brings to the notice of: 

Owner/Developer of the Parcel of Land:

With regards to the Planning Approval Reference:

For the Development of:

That you are hereby notified as follows:  —

That the Authority after further considering the permission granted to you to develop land referred to above, it has come to our attention that the permission was granted on the basis (list which grounds S.44(1) (a) to (d)) and that based on this/these ground(s), the Authority HEREBY REVOKES the permission to develop the land referred to above.

We bring to your attention that under section 44(4) of the Act a person aggrieved by a revocation or modification under subsection (1) may appeal to the Appeals Board in such form and manner as may be prescribed.

The revocation takes effect as of ……………………….2023.

Signed by:

—————

FORM 2

MODIFICATION NOTICE

THIS IS A NOTICE FOR THE MODIFICATION OF PERMISSION GRANTED TO DEVELOP LAND PURSUANT TO SECTION 44 OF 

THE PHYSICAL PLANNING ACT, 2021

The authority hereby brings to the notice of: 

Owner/Developer Of the Land Parcel:

With regards to the Planning Approval Reference:

For the Development of:

That you are hereby notified as follows:  —

That the Authority after further considering the permission granted to you to develop land referred to above, it has come to our attention that the permission was granted on the basis (list which grounds s.44  (1) (a) to (d)) and that based on this/these ground(s), the Authority HEREBY MODIFIES the permission to develop the land  referred to above as follows:

Modification of Permission to Develop Land:

We bring to your attention that under section 44(4) of the Act a person aggrieved by a revocation or modification under subsection (1) may appeal to the Appeals Board in such form and manner as may be prescribed.

The Modification takes effect as of ……………………….20……...

Signed by:

Physical Planning (Control of Development of Land) Preservation Order

The Planning Authority, in exercise of the powers conferred on them by section 48(1)(a), (b) or (c) of the Physical Planning Act, 2021 hereby make the following Order  —

1. The [Title of Order (including year)] Specify if the Preservation 

Order if it relates to  —

1. Tree, Trees Woodland;

   1. any natural feature, such as rock boulders, or feature of 

historic interest;

2. building of special architectural or historic interest.

Title of Order: _______________________

The details of the subject matter of the Preservation Order shall be set out in the form and manner as set out in Form 1.

2. No person shall  —

   1. cut down, top, lop, uproot, wilfully damage, or wilfully destroy; or cause or permit the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of, any tree, groups of trees or woodlands specified in the Schedule to this Order; 

   2. conduct any works or development on or around any natural feature, such as rock boulders, or feature of historic interest specified in the Schedule to this Order;

   3. conduct any works or development on or around any building of special architectural or historic interest specified in the Schedule to this Order except with the written consent of the Authority in accordance with regulations 12 and 13, where such consent is given subject to conditions, in accordance with those conditions;

3. An application to conduct any works or development on or around any —

   1. trees; 

   2. any natural feature, such as rock boulders, or feature of 

historic interest;

3. building of special architectural or historic interest;

in relation to a Preservation Order shall be made to the Authority in the form and manner as specified in Form 2. 

4. An Order made by the Authority shall take effect on the date it is signed and dated by the Authority.

5. Any person affected by this Order may appeal to the Appeals Board as provided for under section 48(2) 0f the Act.

6. A Tree Preservation Order (tree only??) does not protect trees from felling where a new development has been granted planning permission by the Planning Authority, if the tree's presence would impede the implementation of that planning permission.

FORM 1

Preservation Order Number (District/Location/Date) :

Location of the subject matter of the Preservation Order in Question:

Owners of the subject matter of the Preservation Order in Question (if known):

Description of type of the subject matter of the Preservation Order in Question:

Additional Preservation Conditions:

FORM 2

Application to conduct works on or to undertake any development within the proximity of anything subject to a Preservation Order.

Name of Applicant:

Name/Number of Preservation Order:

Owners of the subject matter of the Preservation Order in Question (if known):

Consent of owner for such works or development (if applicable):

Type of works to be carried out or type of development within the proximity of those things subject to a preservation order:

Applicant should submit a plan (which will assist the Authority in making a timely decision on the application) of the area demarcating the trees that will be subject to any work or the areas that would be subject to any development that may necessitate any work or any trees subject to a Preservation Order.