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Section 28J

of Town And Country Planning Ordinance Cap 141 Vol Iv

State OrdinanceIn forceProvision 46 of 64

Section 28J

(1)

Any person on whom an enforcement notice is served pursuant to section 28I and who is aggrieved by such notice may, within thirty days from the date of the service of such notice, apply for planning permission in respect of the development or for the retention

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on the land of any buildings or works or for the continuance of any use of the land, to which the enforcement notice relates.

(2)

If an application for planning permission is made under subsection (1), the

Minister shall have power exercisable at his discretion to determine whether to suspend the enforcement notice or proceed to take action in terms of the notice.

(3)

The provisions of section 28C shall apply to any application for planning permission under this section, provided however that, in addition to any fees required to be paid under section 28C, a further fee as may be prescribed shall be payable for an application made under this section.

(4)

If planning permission is granted with respect to an application under this section, the enforcement notice shall not take effect or if planning permission is granted for the retention only of some buildings or works or for the continuance of use only a part of the land, the enforcement notice shall not take effect regarding such buildings or works or such part of the land, but shall have full effect regarding other buildings, works or other parts of the land.

Non-compliance with enforcement notice.