Forming the Urban Planning
Grievances Committee and
Approving its Terms of Reference[1]
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The Chairman of the Supreme Urban
Planning Committee in the Emirate of Dubai,
After perusal
of:
Law No. (16) of 2023 Concerning Urban Planning in the
Emirate of Dubai;
Resolution No. (39) of 2021 Concerning the Commissioner
General for the Infrastructure, Urban Planning, and Well-being Pillar; and
Executive Council Resolution No. (6) of 2024 Reconstituting
the Supreme Urban Planning Committee in the Emirate of Dubai,
Does hereby issue this Resolution.
The following words and expressions,
wherever mentioned in this Resolution, will have the meaning indicated opposite
each of them unless the context implies otherwise:
|
Law: |
Law No.
(16) of 2023 Concerning Urban Planning in the Emirate of Dubai. |
|
SUPC: |
The
Supreme Urban Planning Committee in the Emirate of Dubai formed pursuant to
the above-mentioned Executive Council Resolution No. (6) of 2024. |
|
UPGC: |
The Urban
Planning Grievances Committee formed pursuant to this Resolution. |
|
Grievance: |
A written
objection filed by a grievant in respect of the decisions or actions taken
against him under the Law and the resolutions issued in pursuance thereof. |
|
Concerned
Entity: |
Any
government entity responsible for the implementation of the Law. |
a. Pursuant
to this Resolution, a sub-committee affiliated to the SUPC and named the “Urban
Planning Grievances Committee” (the UPGC”) is formed. The UPGC will
comprise:
1. a representative from the Roads and Transport Authority, as
Chairman;
2.
a representative from the
Infrastructure, Urban Planning, and Well-being Pillar, as vice chairman;
3.
a representative from the Dubai
Municipality, as Member;
4.
a representative from the Dubai
Electricity and Water Authority PJSC, as Member;
5.
a representative from the Land
Department, as Member;
6.
a representative from the Supreme
Council of Energy, as Member;
7.
a representative from the Dubai
Ports, Customs, and Free Zone Corporation, as Member;
8.
a representative from the Dubai
Development Authority, as Member; and
9.
a representative from the Office of
the Infrastructure, Urban Planning, and Well-being Pillar, as Member and
Rapporteur.
b. The
representatives of the entities referred to in paragraph (a) of this Article
will be nominated by the officials in charge of such entities.
a.
The UPGC will have jurisdiction to
consider and determine the Grievances submitted to it by affected parties in
respect of the decisions or actions taken against them by the Dubai
Municipality and Concerned Entities under the Law and the resolutions issued in
pursuance thereof.
b.
The UPGC will not have jurisdiction
to consider or determine any Grievance being heard by a judicial authority or
in respect of which a definitive court judgement or final judicial decision has
been issued.
a. The limitation period for filing a Grievance is thirty (30) working days from
the date on which the grievant is notified of the contested decision or action.
b. The UPGC may not
admit a Grievance filed after the lapse of the limitation period referred to in
paragraph (a) of this Article unless the grievant provides a valid reason that
is acceptable to the UPGC.
a. A
Grievance will be submitted to the UPGC in accordance with the procedures it
adopts for this purpose.
b. The Grievance must include the following information:
1.
the name, capacity, designation, address, and contact details of the grievant;
2. the contested decision or action,
the name of the issuing entity, and the date of its issuance;
3. the grounds for the Grievance,
accompanied by supporting documents;
4. the claims of the grievant; and
5. any other information specified and
deemed required by the UPGC to enable it to determine the Grievance.
The UPGC may decide that a Grievance
is inadmissible in form before considering its merits where it is established
that the UPGC lacks jurisdiction over the Grievance; or that the limitation
period prescribed for filing the Grievance with the UPGC has lapsed. The
decision of the UPGC in this respect will be final.
a. For
the purpose of considering and determining a Grievance submitted to it pursuant
to this Resolution, the UPGC may:
1. hear the statement of the grievant, examine
any supporting documents, admit submitted evidence, and assess the relevance of
such evidence to the subject matter of the Grievance;
2. request the respondent entity that
issued the contested decision or undertook the contested action to provide its
response to the Grievance;
3. conduct inspections or supplementary
investigations; require the submission of necessary documents; and peruse and
examine the same, whether by itself or through any other Person appointed by it
for this purpose;
4. summon any employee of the Concerned
Entities to appear at its hearings and provide a statement;
5. seek assistance from experts and
specialists, as it deems appropriate, provided that they do not have a vote in
its deliberations; and
6. form specialised work teams to
examine any technical matters assigned to the UPGC by the SUPC.
b. The
UPGC may determine a Grievance where it is established that the documents and
evidence submitted to it are sufficient to determine that Grievance.
a. Where
necessary, the UPGC will convene at the invitation of its Chairman, or vice
chairman in case of absence of the Chairman, at the time and place determined
by him.
b. UPGC
meetings will be valid if attended by the majority of its Members, provided
that the Chairman or vice chairman of the UPGC is in attendance.
c. The
resolutions of the UPGC will be recorded in minutes signed by the chair of the
meeting and the attending Members.
d. The
UPGC’s Rapporteur will be responsible for coordinating the meetings of the
UPGC, preparing its agendas, recording the minutes of its meetings, following
up the implementation of its resolutions and recommendations, and performing
any other duties assigned to him by the Chairman of the UPGC.
a. The
resolutions of the UPGC will be passed unanimously or by majority vote of the
attending Members; and in the event of a tie, the chair of the meeting will
have a casting vote.
b. The
UPGC will pass a decision to admit or dismiss a Grievance within thirty (30)
days from the date of its submission. This period may be renewed once for the
same period by a decision of the Chairman of the UPGC. The decision of the UPGC
on the Grievance will be final, without prejudice to the grievant's right of
recourse to the courts to appeal the contested decision or action.
c. The
decisions of the UPGC must be reasoned.
d. All
decisions issued by the UPGC on Grievances will be binding on the Concerned
Entities, which must implement these decisions.
e. The
grievant will be notified of the decision issued by the UPGC on the Grievance
within five (5) working days from the date of its issuance.
f. The
grievant may withdraw, in writing, any Grievance submitted by him before being
determined by the UPGC. In this case, the grievant may not submit any Grievance
in respect of the same subject matter of the withdrawn Grievance without a
valid reason acceptable to the UPGC.
a. The
Chairman, Members, and Rapporteur of the UPGC must maintain the confidentiality
of the meetings, deliberations, minutes, and information to which they have
access in their capacity as Members of the UPGC; and must not disclose or make
a copy of the same without the approval of the Chairman of the UPGC. This duty
of confidentiality will survive the end of their service on the UPGC.
b. For
the purpose of implementing the provisions of this Article, the Members of the
UPGC must sign the relevant confidentiality and non-disclosure undertaking on
the relevant form prescribed by the SUPC.
a.
The Chairman or a Member of the UPGC
will be disqualified from participation in considering and determining any
Grievance in any of the following cases:
1.
where he is the spouse, or a relative up to the fourth degree, of
the grievant;
2.
where he is a party to the Grievance or participated in the
contested decision or action; or
3.
where he has previously submitted a report, issued a decision, or
gave an opinion, on the subject matter of the Grievance or the contested decision
or action.
b.
The Chairman or a Member of the UPGC
must recuse himself from considering any Grievance in any of the cases
stipulated in paragraph (a) of this Article.
c.
Any Member of the UPGC may request
recusal from considering any Grievance for special considerations. In this
case, the Chairman of the UPGC will have the authority to approve or reject the
recusal request.
d.
A grievant may request the
disqualification of the Chairman or any Member of the UPGC from considering his
Grievance in any of the cases stipulated in paragraph (a) of this Article.
e.
Where the Chairman of the UPGC
recuses himself or is disqualified in accordance with the provisions of this
Article, the Chairman of the SUPC will issue a resolution nominating a
replacement Chairman.
f.
Where a Member of the UPGC recuses
himself or is disqualified in accordance with the provisions of this Article,
the Chairman of the UPGC will coordinate with the entity represented by that
Member to nominate a replacement Member pursuant to a relevant resolution
issued by the Chairman of the SUPC.
Concerned Entities must provide all
the support required by the UPGC to enable it to perform the duties assigned to
it under this Resolution. This includes facilitating appearance of any of the Concerned
Entities’ employees before the UPGC upon request; and providing the UPGC with
the documents, data, and information it requires or deems necessary to enable
it to determine the Grievances submitted to it.
The Chairman of the UPGC will submit
an annual report to the SUPC. This report will contain the number and types of
Grievances filed with the UPGC, and a statement detailing the determination of
these Grievances, including cases where Grievances have been admitted or
dismissed, or where the contested decisions or actions have been withdrawn or
cancelled.
This Resolution comes into force on
the day on which it is issued, and will be published in the Official Gazette.
Mattar Mohammed Al Tayer
Chairman of the Supreme
Urban Planning Committee in the Emirate of Dubai
Issued
in Dubai on 4
October 2024
Corresponding
to 1 Rabi al-Thani 1446 A.H.
©2025 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict, the Arabic text will prevail.