Art. 21 Construction and Land Use Act (CLUA)
Art. 21 Construction and Land Use Act (CLUA)
1 If an application for a permit concerns a plot of land for which there are no regulations, or insufficient regulations, and if the construction affects significant public interests, particularly local planning, the competent municipal authority may suspend the procedure by filing an objection.
2 The following provisions shall then apply
a) within three months following the failure of conciliation, the municipality shall publicly deposit the necessary regulations or designate the land which was the subject of its objection as a reserved area (art. 75); for significant reasons, the permitting authority may extend this period by no more than three months;
b) for the preparation of a local planning scheme, or if the importance of the project requires it, the Planning Department may, exceptionally, extend this period by no more than one year;
c) the municipality shall then adopt the new regulations and submit them for approval to the Planning Department; at the request of the applicant, the Planning Department may grant the municipality a reasonable period for this purpose;
d) if the municipality does not comply with the deadlines, or if the new regulations are not approved, the decision concerning the permit application shall be made under the current law.
3 The Department may file an objection to safeguard significant interests of cantonal planning; paragraph 2 shall apply mutatis mutandis.