Law Blog

As expected, even the slightest hint of changes to planning laws generates strong reactions. Most of the information available to the public comes through the media, since few would willingly engage with the detailed laws and draft proposals themselves. To complicate matters further, planning law—something I am reminded of whenever I speak with colleagues—is often […]

Another strand of the reform exercise concerns Article 103 of the Development Planning Act, which has always stood as the central penal clause of the statute. It criminalises unauthorised development, breaches of conditions, contraventions of scheduling and conservation orders, disobedience of enforcement notices, obstruction of officials, and the making of false declarations. Conviction carries not […]

Another matter brought into focus by Bill No. 143 concerns the operation of Article 102 of the Development Planning Act, which links the supply of water and electricity to planning compliance. The original text required a compliance certificate confirming that development was either in accordance with a permission or had been conceded or approved under […]

Another issue worth recalling in the context of Bill No. 143 is the recalibration of Article 100 of the Development Planning Act, which remains the cornerstone of planning enforcement. The provision has always operated on two fronts: direct execution by the Authority where an offender fails to comply, and the imposition of daily fines designed […]

One of the more consequential proposals in Bill No. 143 lies in the revision of Article 99 of the Development Planning Act. At present, the provision allows the Executive Council to act where the amenity of an area is injured by the appearance or structural condition of any building or land — whether this be […]

According to the current Development Planning Act (Cap. 552), Article 98 reads: “98. (1) If it appears to the Executive Council that anything which is prohibited or restricted or subject to a condition by or under any of the provisions of article 57 is being done or carried on or has been done or carried […]