A Draft Ministerial Regulations on Rules and Procedures for Filing Appeals and Methods for Consideration and Adjudication of Appeals on the Town Planning and Particular Town Planning B.E. …., enacted by virtue of the Town Planning Act B.E. 2562 (the “Draft Ministerial Regulations”), had been proposed by the Ministry of Interior and was approved in principle by the Cabinet on 10 August 2021.
Summary of this Draft Ministerial Regulations are as follows:
The Draft Ministerial Regulations prescribes rules and procedures for filing appeals and methods for consideration and adjudication of appeals of the orders or notifications of town planning committee, provincial town planning committee, local town planning management committee, town planning officer or other related government officer, details are as follows:
- The appeallate bodies: There are 3 appellate bodies considering of appeals which are appellate committee, provincial town planning committee and local town planning management committee.
- Appeals must be in writing: At least, there must be the following items contained in the appeals, such as date, month and year that the appeals are filed, orders or rulings which are grounds of appeals together with facts, arguments or provisions of law and reasonable referencing in the appeals.
- Filing of appeals: In Bangkok area, the appeals shall be submitted at the Office of Urban Planning and Development Bangkok. For other provinces, they shall be submitted at the Provincial Public Works and Town Planning Office.
- Consideration and adjudication of the appeallate committee: In the case that appeals filed under Section 90 (1), consideration shall be subject to policies of town planning in the essence of sanitation, public safety, welfare of society or public interest including activities using benefits on lands, conditions of lands and and other properties related to lands, investment or benefits or nuisances caused effect to the people from such activities.
- Consideration and adjudication of the provincial town planning committee. In the case that appeals filed under Section 90 (3), consideration shall be subject to objectives and projects of the appellants to be in accordance with the principal of provincial town planning together with reasons for issung orders of the officers and benefits or nuisances caused effect to the people in the area.
- Consideration and adjudication of the local town planning management committee. In the case that appeals filed under Section 90 (6), consideration shall be subject to actual demolition or relocation of buildings on the cost-effective basis of the owners/possessors of such buildings. The expenses shall be calculated by deducting from the compensation payable to the owners/possessors of the buildings but not exceeding the amount of such compensation.