Section 34: Approval and rejection of a development permission

(1) The Control Department may approve or reject an application for development permission.
(2) Delay of approval of an application subject to conditions
The Control Department may delay the approval of an application for development permit if circumstances so require that-
(a) the developer at his own expense-
(i) shall provide public infrastructure and facility; or
(ii) shall provide necessary commercial facility; or
(iii) shall provide necessary social, recreational, communal facility; or
(iv) shall pay a sum of money in lieu to the Control Department for providing (i) and (ii) of this paragraph;
(b) the developer enters into an agreement with an individual, corporate or unincorporated body in respect of any matter the Control Department deems to be necessary for the development;
(c) the developer pays such fee or other charges imposed by the Control Department; and
(d) the developer shall comply with any other condition stipulated by regulation made under this Act.
(3) In reaching its decision under sections (1) and (2) of this section the Control Department shall comply with-
(a) the policy and proposal of an approved plan applicable to a locality within its area of jurisdiction;
(b) a proposed plan or an approved plan under review; and
(c) any other consideration made particular and applicable to a locality by a regulation made by or pursuant to the provisions of this Act.
(4) Time limit for delaying approval
Subject to such directives as may be given by the Federal, State or local governments, a Control Department may delay the approval of an application for development permission for a period of time not exceeding 3 months.
(5) Decision of the Control Department shall be in writing
The Control Department's decision on an application for development permit shall be communicated to the applicant in writing.
(6) Control Department to give reasons for its decision
Where the Control Department decides not to approve an application it shall give reasons for its decision.
(7) Control Department's decision is conclusive evidence of facts so stated
The Control Department's decision shall be conclusive evidence of information stated therein.
(8) Legal right shall attach to an application after it is communicated
The refusal or rejection of an application for development permit shall not confer on a developer any legal or other rights until it has been communicated to the applicant in writing.