CMDA Area Plans Unit Order on Acceptance of Power of Attorney, 24 November 2009
The Member-Secretary of CMDA issued an order dated 24 November 2009 changing the Power of Attorney requirements for planning permission applications handled by the CMDA Area Plans Unit. It supersedes Office Order No. 18/2007 dated 25 May 2007 and allows a notarised Power of Attorney unless the application involves transferring a right, interest or title in immovable property. The source does not print an order number for the new direction, which took immediate effect.
What the order governs
The Member-Secretary of CMDA issued the direction dated 24 November 2009 for the Area Plans Unit. It governs the form of Power of Attorney that must accompany a planning permission application submitted by a Power of Attorney holder.
The source does not provide an order number for the direction dated 24 November 2009. It states that the direction took immediate effect.
What changed
Office Order No. 18/2007 dated 25 May 2007 had required a registered Power of Attorney for every planning permission application. The CMDA direction dated 24 November 2009 supersedes that requirement.
The revised position is:
- A notarised Power of Attorney is sufficient when a planning permission application is submitted by a Power of Attorney holder.
- Registration is not compulsory where the Power of Attorney does not transfer any right, interest or title over immovable property.
- A registered Power of Attorney may still be required if the application involves transferring a right, interest or title in any part of the immovable property.
Applications requiring closer attention
The CMDA direction identifies examples where officials may ask the applicant for a registered Power of Attorney because part of the property is to be handed over or otherwise transferred. These examples include:
- A street alignment portion.
- A link road.
- A park.
- Open Space Reservation land.
The examples are linked to whether the planning permission application involves a transfer of a right, interest or title, rather than merely authorising someone to submit and process the application.
Who may be affected
The CMDA direction dated 24 November 2009 affects people who use a Power of Attorney holder to submit a planning permission application to the Area Plans Unit. It also directs Deputy Planners, planners, Planning Assistants and other CMDA officers involved in processing those applications.
Property owners and applicants should check whether their proposal includes handing over any part of the property. If it does, the applicant may be directed to provide a registered Power of Attorney rather than only a notarised document.
Basis for the change
The revised requirement follows observations in the High Court order dated 7 July 2009 in W.P. No. 28580 of 2008 concerning sections 17 and 18 of the Registration Act, 1908. The CMDA direction applies those observations to the processing of planning permission applications.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Is a registered Power of Attorney required for every CMDA planning permission application?
No. For an application submitted by a Power of Attorney holder, a notarised Power of Attorney is sufficient unless the application involves transferring a right, interest or title in immovable property.
When can CMDA ask for a registered Power of Attorney?
CMDA may require registration when the application involves transferring a right, interest or title in part of the property, including land for a street alignment, link road, park or Open Space Reservation.
Does Office Order No. 18/2007 still require registration in all cases?
No. The direction dated 24 November 2009 supersedes Office Order No. 18/2007 dated 25 May 2007.
When did the revised Power of Attorney requirement take effect?
The direction is dated 24 November 2009 and states that it takes immediate effect.
