Cap. 551 Art. 11Jurisdiction.

(1) Subject to the provisions of the Development Planning

Act, the Tribunal shall have jurisdiction to:

(a) hear and determine all appeals made by the applicant from a decision taken following an application:

(i) for a development permission;

(ii) for a permission under a development notification order;

(iii) for a permission under a regularisation process;

(iv) for a change in alignment under a planning control application;

(v) for a permission for a project of common interest (PCI);

(vi) for registration by the Registration Board;

(b) hear and determine all appeals made by the applicant from a decision taken following a request for screening of a proposed development, whereby in same decision:

(i) additional submissions, studies, assessments and documentation are requested; and, or

(ii) fees and, or contributions are required to be paid to the Planning Authority before the submission, on the submission or during the processing of the application and the applicant does not agree with the amount of the fees and, or contributions;

(c) hear and determine all appeals made by any person:

(i) aggrieved by a notice issued under the provisions of Part IX of the Development Planning Act;

(ii) aggrieved by a decision in relation to scheduling and conservation orders;

(iii) aggrieved by a decision on a request for modification or revocation of permission;

(d) hear and determine all appeals made by any person or institution or any department or agency of Government, having a direct interest and aggrieved by any decision, ruling or direction in relation to Building Regulations and Building Control Regulations, even where such a decision, ruling or direction does not emanate from a development application process;

(e) hear and determine all appeals made by an interested third party who had submitted written representations as established by the Planning Authority in terms of article 71(6) of the Development Planning Act:

(i) from a decision on an application for development permission;

(ii) from a decision on a planning control application relating to a change in alignment;

(iii) from a decision on scheduling and conservation orders: Provided that -

(i) the State Advocate on behalf of the Government; and

(ii) any department, agency, authority or other body corporate wholly owned by the Government, not being an external consultee which had been consulted and had not objected; shall always be deemed for all intents and purposes of law to be an interested third party notwithstanding that it shall not have submitted representations in writing: Provided that all persons having sufficient interest shall have access to a review procedure before the Tribunal to challenge the substantive or procedural legality of any decision, act or omission relating to a development or an installation which is subject to an environmental impact assessment (EIA) or an integrated pollution prevention and control (IPPC) permit: Provided further that the Planning Authority shall not be construed as an interested third party for the purposes of this paragraph;

(f) hear and determine all appeals made by external consultees from a decision taken following an application:

(i) for a development permission;

(ii) for a change in alignment following a planning control application;

(iii) for a permission for projects of common interest (PCI): Provided that such an appeal may only be lodged by an external consultee which had lodged its recommendation to the Planning Authority and in its recommendation it had either indicated that the application may be approved subject to those conditions indicated by the external consultee, or that the application is objectionable for reasons indicated by the external consultee: Provided further that an external consultee shall always have the right to lodge an appeal when it has not been consulted or when the procedure does not require its consultation;

(g) hear and determine requests for suspension in terms of article 33;

(h) exercise such functions as are assigned to it under the provisions of this Act.

(2) The Prime Minister may order that any other decision of the Planning Authority shall be subject to the jurisdiction of the Tribunal.

(3) An appeal to the Tribunal may be filed on any ground including:

(a) that a material error as to the facts has been made;

(b) that there was a material procedural error;

(c) that an error of law has been made.