Guide

Understanding the Physical Planning Appeals Process

Navigating the planning and development landscape in Seychelles can sometimes lead to disagreements or disputes over decisions made by the Seychelles Planning Authority. For individuals or organizations seeking clarity or reconsideration of these decisions, the Physical Planning Appeals Process provides a formal path to lodge concerns. This guide will help you understand the essentials of filing a

 

    What is an Appeal in Physical Planning?

    An appeal in the context of physical planning is a formal request for a review of a decision made by the Seychelles Planning Authority. This process allows individuals or entities to contest planning decisions that may impact them or their interests.

    Grounds for Filing an Appeal

    Not all disagreements qualify for an appeal. Appeals should be based on specific grounds such as:

    • Procedural errors or omissions in the decision-making process.
    • Perceived unfairness or bias in the original decision.
    • Disagreement with the interpretation of planning laws or guidelines.
    • Substantial evidence that was overlooked or misinterpreted.

    Who Can Lodge an Appeal?

    Appeals can be filed by:

    • Any individual or organization directly affected by the planning decision.
    • Developers or stakeholders involved in the project.
    • Community groups or representatives acting on behalf of impacted parties.

    Timeline for Submitting an Appeal

    Time is of the essence when submitting an appeal. Regulations stipulate a clear timeframe within which appeals must be filed. Generally, the period starts from the date the planning decision was issued. Missing this window can result in the loss of the right to appeal.

    Important Note: Always check the specific deadlines outlined in the Seychelles Planning Authority’s official documentation to ensure compliance.

    Steps for Submitting an Appeal

    1. Gather Required Documents: Ensure you have all necessary documents, such as the original decision notice, any relevant evidence or supporting material, and identification information.
    2. Complete the Appeal Form: Fill out the designated form provided by the Seychelles Planning Authority, detailing the grounds for your appeal and providing a summary of your argument.
    3. Submit the Appeal: Appeals can often be submitted via physical mail or through an online portal if available. Ensure all submission requirements are met to avoid delays.
    4. Pay Any Applicable Fees: There may be a fee associated with lodging an appeal. Verify and complete this step to ensure your appeal is processed.

    Confirmation of Receipt

    Once the appeal is submitted, you should receive a confirmation from the Seychelles Planning Authority or the Appeals Tribunal. This acknowledgment will include details about the next steps and any preliminary timelines for reviewing your case.

    Fees

     

    Appeals

     a.All private residential, including boundary wall/ fencing and retaining wall and storageSR500.00
     b.Small commercial projects below 250 square metres including apartment buildings and tourism projects of less than 30 roomsSR1000.00
     c.Large commercial projects above 250 square metres including apartment buildings and tourism projects and hotels above 30 roomsSR5000.00
     d.Appeal against revocation or modification of permission to develop landSR750.00
     e.Appeal against determination of Authority with respect to a preservation orderSR750.00
     f. Appeal against determination of authority on objections and representations made with respect to Land use plansSR750.00
     g.All other planning refusalsSR1000.00

     

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