unit 2-3 dc lecture[1] developmental control

8/7/2019 UNIT 2-3 DC Lecture[1] developmental control

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DevelopmentControl

Managing Development and

Land use decisionmaking

Unit 2-3

Lecturer: Hilary F. Smith (BSc., MSc.)


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Physical Planning In Jamaica

The primary goal of Planning is to ensure public health and safety

through the rationale use of land.

Planning has two main function:

Development Planning more abstract Development Control- more temporal

AdaptedDefinition ofDEVELOPMENT

Jamaica uses the following definition byEnglish Planning Lawis defined as the carrying out of any building, engineering, mining

or other operations in, on, over or under land, or the making of

any material change in the use of any buildings or other land.


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Terminology

Development Control, Land use Control,

Planning Control orDevelopment

Management


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Definitions

In its simplest form, development managementconstitutes the assessing and determining ofapplications for planning permission; however on amore strategic level, it is involved in the spatialplanning and development of communities and land.

At present, it relies on a "plan-led system", wherebyDevelopment Plans (Structure and Local) areformed following public consultation.

Planning applications are then granted or refusedwith reference to the Development Plan as amaterial consideration.


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Land use control

Land use Control is perhaps older than Land use

planning

Land use control is a tool to implement a plan

The scope of development control is wide: from

regulating the siting of an international airport to

requiring a Permit to cut down and replant a tree.

Though often describes as negative this is only so

to the extent that it prevents some development

from happening, which may be a positive means to

implement a plan.


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Development Control

Development Control:-

The element of the system of Town and

Country Planning through which Local

Government (LG) regulates land use and new

building.


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Development Control

General Scope ofDevelopment Control

Development Control (DC) covers all aspects of

siting, sizing and environmental impact of anytype of land use.

Rationale forDevelopment Control

The rationale for DC may include a full range ofpublic interest from health and safety to

economic viability and social desirability.


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Development Control

Instruments

Zoning

Subdivision control

Site plan control Building Codes

Traffic by laws

Property maintenance by laws


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Zoning

Sometimes denoted as a form of police power Which simply put means that the government, in

protecting the public interests, can apply certain

limitations to the use and development of private

land.

Uses of land and buildings are classified into

"use classes" and any change from one use

class to another use class is automatically a

"material change of use" amounting to

development.

Case study: Bauxite mud lakes and mining lands

Jamaica


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The Planning System in

Jamaica

The Planning System in Jamaica is supported

by three frameworks:

Legislative Framework

The Institutional Framework

The Administrative Framework


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Enforcement

If development is carried out without planning permission thenthe LPA may take "enforcement action" to have the buildingremoved, the land reinstated, or at least undertake the minimummeasures required to prevent any harm arising. (Generally, a

retrospective application for planning permission would be invitedfirst, and action taken if planning permission is then refused.)Almost all planning permissions are granted conditionally andenforcement action can also be taken to secure compliance withthe conditions imposed. Unauthorised development can be thesubject of a "stop notice" if there is an urgent need to prevent

further harm.


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In recent years planning has become a key means of delivering anumber of the government's objectives relating to climatechange, reducing carbon emissions, access to housing andimproving the supply of housing, enhancing biodiversity and a

number of other emerging priorities. Although these are addressed via the process of formulating

local planning policies for the area of each LPA on a local basis,as far as the public are concerned it is development control andthe process of determining planning applications which is themost evident part of the planning system as a whole.

Case study: Highway 2000 and the parish of Clarendon


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Land use and the environment

Land use and land management practices have amajor impact on natural resources including water,soil, nutrients, plants and animals. Land useinformation can be used to develop solutions for

natural resource management issues such assalinity and water quality. For instance, water bodiesin a region that has been deforested or havingerosion will have different water quality than those inareas that are forested.

Case study : St. Catherine, Jamaica


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Major legislation affecting development in Jamaica

In the Jamaican context three (3) major piecesof legislation can be readily identified which

have a significant impact on the development of

properties and ultimately the granting of

permission to build.These are namely:

The Town and Country Planning Act of 1957

The Local Improvements Act of 1914

The Parish Council's Building Act of 1908 and

the KSAC's Building Act


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(1)The Town and CountryPlanning Act

This legislation stipulates that in areas for which a Development

Order has been prepared, planning permission is required from

the Local Planning Authority before "development" as definedby the Act can be undertaken. In those areas for which no

development orders have been prepared no planning

permission is required to undertake development. The

Development Order is therefore the legal document guiding

development in Jamaica. These orders are prepared by theTown and Country Planning Authority in consultation with the

Local Planning Authority (Parish Councils & KSAC). The Town

and Country Planning Authority which is a body established

under the Act can "call in" an area for which a development

order has been prepared. In this instance the Town and Country

Planning Authority has the jurisdiction to oversee alldevelopment applications if it so desires within that area. The

areas "called in" are Portland Coast, St Mary Coast, Ocho Rios,

Negril, and Westmoreland South East Coast.


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Areas Covered byDevelopmentOrders

DevelopmentOrders have been prepared for all the coastalareas of Jamaica except St James, Trelawny, Manchester,

Clarendon and Westmoreland where the entire parishes are

under the Town and Country Planning Act by virtue ofhaving

parish DevelopmentOrders. A special order exists for the

Negril area. This order encompasses sections of theparishes

of Westmoreland and Hanover. See map. Presently theOrder

for the parish of St Ann is being printed. Work on a newparish

Order for Manchester is far advanced and likewise for theNegril

area. Work has begun on the order for the parishes ofKingston


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(2)The Local Improvements Act

The subdivision of land throughout Jamaica isregulated under this Act. The Act stipulates that

all subdivision of land for building or sale

throughout Jamaica requires the permission of

the local planning authority of the parish in

which the land is located. The Act requires that

the comments of the Chief Technical Director be

obtained prior to the applicant being notified of the Parish

Council's decision. By virtue of an amendment in 1959 the

expert advice of the Government Town Planner is alsorequired by the local authority prior to notification of

applicants.


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(3)The Parish Councils Building Act

Construction of buildings in towns and any areas which may be

delimited by the parish councils (Local Authority) is controlledunder this legislation. The Parish Councils/KSAC are allowed

to impose suitable conditions with regards to size, elevation,

and structural integrity of buildings. To date regulations cover

the principal towns of all the parishes. In those areas which

have been delimited under the Building Act permission is to be

obtained from the (Council/KSAC) before construction

commences. The extent of the building area for which

permission is required from persons desirous of constructing buildings

in the Kingston area is larger than that delimited under the Town and

Country Planning Act. It should be noted that sections of the parish of

St Andrew are outside the jurisdiction of the Kingston and St Andrew

Building Act.

In summaryin areas where both acts occur an applicant

needs both a planning permission and a building

permit.


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Procedure for Obtaining Permission to Develop and Build in Jamaica

(a)Planning Permission

Required in areas covered by Development Orders Applicant submits duly completed application form with 2 sets of the

plan, provides proof of ownership and pays the required fees to theLocal Planning Authority.

If area is called in by the Town and Country Planning Authority (TCPA),the Local Planning Authority submits application to the Town PlanningDepartment for the consideration of the Town and Country PlanningAuthority. All gas station applications are "called in" hence the Townand Country Planning Authority receives all such applications.

TCPA in case of (ii) above assesses application and informs theapplicant and the Local Planning Authority of its decision.

If the area is not "called in" then the Local Planning Authority deals withthe application and informs the applicant of its If the area is not "calledin" then the Local Planning Authority deals with the application andinforms the applicant of its decision. However the Local Planning

Authority seeks the advice of the TPD. On certain applications for theT.C.P.A., the Department consults other agencies for advice. Forexample plans that are submitted in say Jacks Hill area or any othersteep area are sent to Geological Survey Department for advice.Dependent upon location, a site investigation report is normallyrequired. The regulations under the NRCA Act specify the types ofdevelopments which must be submitted for their comments or permit.


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(b) Building Permission

This is required in town areas and any other areacovered by the parish council building act.

Applicant submits duly completed application to the localplanning authority (Parish Council and Kingston and StAndrew Corporation in the case of these two parishes).The applicant is also required to pay a fee whichamounts to a half of one percent of the cost of the

building. Proof of ownership of the property is alsorequired. Five sets of the building plans are also required.

The local authority assesses the application and informsthe applicant of its decision.

In the case of applications in areas covered by adevelopment order planning permission is also required.Thus building applications for Kingston and St Andrewsubmitted to the Kingston and St Andrew Corporationwhich fall in the area covered by the KingstonDevelopment Order also require planning permission.

Applicant is informed of local planning authority decision.


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(c) Subdivision Permission

Permission for subdivision of land throughout Jamaica is obtained under the LocalImprovements Act.

Applicant submits application to the Local Planning Authority with the relevant

fees, duly completed application form in triplicate, proof of ownership and therequired copies of the subdivision plan. If the application is for:a) 10 lots and under and less than 5 acres 12 copies of the subdivision plan arerequired.b) 11 lots and over and over 5 acres 15 copies of the plan are required.c) Over 11 lots and/or 20 hectares (50 acres) 16 copies of the plan are required.

Local planning Authority forwards application to Town Planning Department forthe advice of the Government Town Planner.

Town Planning Department solicits the comments of the Chief Technical Director

for all applications and from other relevant government departments as may berequired depending on the location of the property. Thus agencies such as theNatural Resources Conservation Authority (NRCA), Office of DisasterPreparedness and Emergency Management (ODPEM), Ministry of Agriculture,Geological Survey Division and the Environmental Control Division of the Ministryof Health, for example are requested to submit comments with regard to thesuitability of the site for the proposed use. In this manner the department seeks tobe guided by the expertise of the site to different natural hazards and its suitabilityfor the development.

The Local Planning Authority is then informed of the Department'srecommendations after it has received the comments solicited from the agencies.

The Local Authority advises applicant of the conditions to be attached and afteracceptance, the plan is sent to the appropriate Minister for ratification. The plan isonly then approved.


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Exercise

Review the two distributed articles

Examine the main arguments

Compare and contrast the issues highlightedin the article and discuss the case ofdevelopment control in Jamaica.

Discuss the pros and the cons of the

development control system in Jamaica. Compile your response and submit hard copy

at end of Tutorial Tuesday, Feb 22. (by 4pm).


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Development Phases

Feasibility

Planning

Design Construction

Lot Creation

Completion

unit 2-3 dc lecture[1] developmental control

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