Town and Country Planning Act

8/8/2019 Town and Country Planning Act

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TOWN A N D COUNTRY PLANNING 1

THE TOWN A N D COUNTRY PLANNING A C TARRANGEMENT OF SECTIONS

PART IPreliminary

1. Short title.2. hterpretation.3. Appointment of Town and Country Planning Authority.4. Constitution and duty of Advisory Planning Committee.

PART

Interim Development of Lmtd4 ~ .nterim development order.

PART IIPrepmation, Confirmation and Modificaton of

Development Orders5 . Preparation and notification of provisional development orders.6. Objections o provisional development orders7.Confirmation of provisional development orders.8. Amendment of confirmed development orders.9. Development in interval between notification and confirmationof provisional development orders.

Pmr IIIContents and eflects of Development Orders

10. Contents of development orders.11. Applications to local planning authority for permission.12. Reference of applications to the Authority.13. Appeals to Minister.14. Applications to determine whether permission required.15. Provisions relating to grant of permission.

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2 TOWN A N D COUNTRY PLANNINGPART

Compensation for refusal or conditional grant ofplanning permission

16. Planning decision defined.17. C ompe nsation for refusal of permission in certain cases.18. Compensation excluded in respect of certain matters.19. Compensation excluded if certain other development permitted.20. Procedure for m aking claims for compensation.21. Notifica tion to Minister of findings of Boar d.

PART vRevo cation and Modification a f permission to deve lopand enforcement of planning control

22. Power of local planning authority to revoke or modify planningpermission.

2 2 ~ . top notice.

2 3 ~ . ppaal to Minister.2311.Application for injunction.23. Enforcement of planning control.

24. Recovery of expenses incurred by local planning authorities.25. Orders for preservation of trees and woodlands.26. Control of advertisements.27. Claims for compensation.28. Power to require proper maintenance of waste land, etc.

Pmr VIMiscellaneous2 8 ~ . inister may appoint person or persons with respect to appeals.

29. Powers of entry.30. Service of notices. etc.31 . Regulations.32. Offences.33. Validating and enforcement of certain contracts.34. Establishment of Compensation Assessment B oard.

SCHEDULES[The inclusion of this page is authorized by L.N. /2001]
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TOWN AND COUNTRY PLANNING 3

THE TOWN AND COUNTRY PLANNING ACT La w42ol1957,42 of 19693rd seh,

[Ist February, 1958.1 A&

Preliminary4 of 1976,6 of 1985,27 of 1987,9 of 19913rdsck,29 of 1991.16 of 1993,3 of 1999.1. This Act may be cited as the Town and Country Sodtit lo.

Planning Act.2. In this Act- Interpre-tation.

advertisement means any word, letter, model, sign,placard, board, notice, device or representation,whether illuminated or not, in the nature of andemployed wholly or in part for the purposes ofadvertisement, announcement or direction, andwithout prejudice to the foregoing provisionincludes any hoarding or similar structure usedor adapted for use for the display of advertise-ments, and references to the display of advertise-ments shall be construed accordingly;

Authority means the Town and Country PlanningAuthority appointed pursuant to section 3;

Board means the Compensation Assessment Board ;18ahestablished under section 34;

building includes any structure or erection and anypart of a building as so defined, but does notinclude plant or other machinery comprised in abuilding;

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4 TOWN A N D COUNTRY PLANNING

29/11991s .2

development has the meaning assigned to it bysection 5, and develop shall be construedaccordingly;

improved value means improved value as defined inthe Land Valuation Act;Judge means Judge of the Supreme Court;local authority means-

(a ) in relation to the parishes of Kingston andSt. Andrew, the Council of the Kingston andSt. Andrew Corporation as constituted underthe Kingston and St. Andrew CorporationAct;

(b ) in relation to any other parish, the ParishCouncil of such parish;local planning authority means-

(a) in relation to the parishes of Kingston andSt. Andrew, the Council of the Kingstonand St. Andrew Corporation;(b ) in relation to any other parish, the ParishCouncil of that parisk and(c ) in relation to any area situated within two ormore parishes the person or body that the

Minister may in writing appoint;Minister means the Minister responsible for townand country planning;planning permission means the permission fordevelopment which is required by virtue of section10;

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TOWN A N D CO U N T RY P L A N N I N G 5road authority has the meaning assigned to it by

the Road Traffic Act;specified date means such day as may be specifiedin a development order as the base date for

valuations in assessing compensation being notmore than one year before the publication in theGazette of the notice under section 5 in relation tothe development order under or for the purposesof the preparation of which is done the act inrespect of which compensation is to be assessedunder this Act;

statutory undertakers means persons authorized byany law to carry on any transport undertaking byland or water, or any undertaking for the supplyof electricity, gas, hydraulic power or water, orany telephone service.

3.-(1) For the purposes of this Act the Minister shall ::$appoint a person or persons to be the Town and Country TownandCountryPlanning Authority, and subject to the provisions of this Act, PlanningAuthority.and from time to time by order published in the Gazettedefine the composition, powers and duties of such Authority.

(2 ) The Government Town Planner shall be a mem-ber ex oficio of the Authority.

4 . 4 1 ) There shall be established a body to be known as ~ ~ $ $ $the Advisory Planning Committee, and the members ofsuch body shall be appointed in accordance with the pro- +manittee.visions of the First Schedule, and the provisions of that girhule.Schedule shall have effect with respect to the constitutionand procedure of the Committee.

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6 TOWN A N D C O U N T R Y PLANNING(2) It shall be the duty of the Committee with a view

to the proper carrying out of the provisions and objects ofthis Act, to advise the Minister on any matter within itsknowledge or on which the Minister may seek its advice.

PARTA. Interim Development of Land3 / 1999 4A.-(1) The Minister may, after consultation with a

local authority, make an order to be known as interim de-de%lw=nt velopment order in respect of any land which is not thesubject of a confirmed development order, other than landto which a Town and Country Planning (Filling Station)

Development Order relates.

s.3.order.

(2 ) An interim development order shall state-(a) the description of the area of land to which the

order relates;(b) the parish in which the land is situated;(c ) the type of development which may take placewithin that area without formal pIanning permis-

sion and the conditions, if any, applicable to suchdevelopment;

( d ) the time when such development may commence;( e ) the functions of the local planning authority underthe order;( f ) that section 10 (1) ( c ) shall apply mutatis m utandisto an interim development order as it applies to a

development order with the modification that thewords paragraphs (a ) to (e) be substituuted forfor the words paragraph (b);

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TOWN AND COUNTRY PLANNING 7(8) that the order is effective until a confirmed develop-ment order comes into operation pursuant tosection 7 (2).

(3) An interim development order shall be madewithout prejudice to any other order relating to develop-ment under any other enactment.

(4) For the purposes of subsection (2) ( d ) the Min-ister may specify different times for different development.

PART 11Preparation, C onfirm ation and Mo dification ofDevelopment Orders

5.-(1) The Authority may after consultation with any :onlocal authority concerned prepare so many or such ;;;fizprovisional development orders as the Authority may provisionalconsider necessary in relation to any land, in any urban m entorden.or rural area, whether there are or are not buildingsthereon, with the general object of controlling the develop-ment of the land comprised in the area to which therespective order applies, and with a view to securingproper sanitary conditions and conveniences and the co-ordination of roads and public services, protecting andextending the amenities, and conserving and developing theresources, of such area.

deve lop

(2 ) In this Act, unless the context otherwise requires,the expression development means the carrying out ofbuilding, engineering, mining or other operations in, on,over or under land, or the making of any material changein the use of any buildings or other land :

Provided that the following operations or uses of landshall not be deemed for the purposes of this Act to involvethe development of the land, that is to say-



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8 TOWN A N D CO U N T RY PLANNlNGthe carrying out of works for the maintenance,improvement or other alteration of any building,being works which affect only the interior of thebuilding or which do not materially affect theexternal appearance of the building;the carrying out by a road authority of any worksrequired for the maintenance or improvement ofa road, being works carried out on land withinthe boundaries of the road;the carrying out by any local authority or statutoryundertakers of any works for the purpose ofinspecting, repairing or renewing any sewers,mains, pipes, cables or other apparatus, includingthe breaking open of any street or other land forthat purpose;

the use of any buildings or other land within thecurtilage of a dwelling-house for any purposeincidental to the enjoyment of the dwelling-houseas such;the use of any land fo r the purposes of agricultureor forestry (including afforestation), and the usefor any of those purposes of any building occupiedtogether with land so used;in the case of buildings or other land which areused for a purpose of any class specified in adevelopment order under this section, the usethereof for any other purpose of the same cIass.

(3 ) So soon as may be after the preparation of anyprovisional development order, the Authority shall causeto be published in the Gazette and at intervals of not less

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T O W N A N D C O U N T R Y P L A N N I N G 8.01than seven nor more than ten days in three issues of a localdaily newspaper, a notice-

specifying that the Authority has prepared aprovisional development order;specifying the locality to which the order relates;specifying some place within such locality or asnear thereto as may be convenient where theprovisional development order and the plan orstatements relating thereto may be inspectedwithout fee during such period (not being less thanfourteen days after the last publication of thenotice in a local daily newspaper) as may bespecified in such notice upon such days and atsuch times as may be so specified;specifying the name and address of some personfrom whom copies of the provisional development.order and of the plan or statements relatingthereto may be obtained on payment of areasonable fee specified in such notice; andstating t.hat provision is made by section 6 for themaking of objections to the provisional develop-ment order.

6.--(U Subject to the provisions of this section every o ~ t i o n ~interested person may object to any provisional develop- pron'sioadment order upon the ground that such order is for any ~ ~ f s o p m c n treason impractical or unnecessary or that it is against theinterests of the economic welfare of the locality to whichthe provisional development order relates.

to



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8.02 TOWN A N D C O U N T R Y PLANNING(2) Every person who desires to object to any pro-

visional development order under this section shall givenotice in writing to the Authority within fourteen days afterthe expiration of the lperiod referred to in paragraph (c)of subsection (3 ) of section 5 of the ground of his objectionand of the facts and reasons upon which he relies in supportof such objection.

(3) In this section interested person means-(a) any local authority concerned;

( b ) any person in whom is vested any freehold estatein any land within the locality to which theprovisional development order relates;

(c) any person in whom is vested any term of yearsin any land in such locality, the unexpired portionof which on the day on which such objection ismade is not less than three years, or who holdsan option to renew such lease for a period of notless than three years;

(d) any person who is entitled under the Water Re-sources Act to exercise any right in relation to theuse of any public water in a public stream withinthe locality and whose interest therein will beaffected by the application of the order.

(4) In this section and sections 7 and 8, unless thecontext otherwise requires, the expression developmentorder includes the plan and statements relating thereto,



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YOWN A N D COUNTRY PLANNING 9and the expression provisional development order shallbe construed accordingly.

7 . 4 1 ) So soon as may be after the expiration of the Confiima.period during which notice of objection to any provisionaldevelopment order may be given under section 6 the developmentAuthority shall transmit such order and any objection madeto such order under section 6 and the comments of theAuthority upon such objection (if any) to the Minister.

(2) Where the Minister is satisfied that the implement-ation of any provisional development order is likely to bein the public interest he may by notification published inthe Gazette confirm it with or without modification andthereupon such order with or without modification shallcome into operation as a confirmed development order.

(3) Every notification under subsection (2) shall alsobe published in a local daily newspaper at least once in eachof two successive weeks.

orders.

8. Where after a confirmed development order has come Amendmentof confirmeddevelopmcnt orders.into operation the Minister is satisfied-(a) that it is for any reason necessary or expedientfor such order to be amended substantially or so asprejudicially to affect the rights of any person heshall direct the Authority to prepare an amendingdevelopment order of such a nature as may effectsuch amendments in the confirmed developmentorder referred to in this section as may benecessary or expedient :

Provided, however, that the provisions ofsubsection (3) of section 5 and sections 6 and 7shall apply to every amending development orderas they apply to every provisional developmentorder;

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10 TOWN AND COUNTRY PLANNING

Deve lopment inintervalbetweennotificationandconfirma-tion of pro-visionaldevelopmentorders.

( b ) upon a recommendation of the Authority that itis desirable for such order to be modified in anymanner not affecting substance and which is notprejudicial to the rights of any interested persons,he may direct the Authority to modify the orderin such manner as may be specified in suchdirections and thereupon the confirmed develop-ment order shall be deemed to be and always tohave been modified in the manner specified in suchdirections, without prejudice, however, to anythingdone under the order before the date of suchdirections.

9.-(1) In the interval between the publication in theGazette of a provisional development order and theconfirmation of such an order pursuant to section 7development in the area to which the provisional develop-ment order relates may proceed either pursuant to any law(other than this Act) relating to such development and toany authority granted under such law or without any suchauthority if there is no law (other than this Act) requiringany such authority but upon the understanding that-

(a ) nothing in such authorization or in the precedingprovisions of this section shall be construed to bepermission to develop for the purposes of this Actor avoid any obligation to apply for permissionto develop in conformity with the confirmeddevelopment order;

( b ) all the provisions of this Act relating topermissions to develop, including in particularsection 15, shall apply accordingly;(c ) if any development during the interval referredto above is found not to be in conformity with theconfirmed development order that order shallprevail in respect of such development.

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I1OWN AND COUNTRY PLANNING

(2) The reference to development proceeding duringthe interval referred to in subsection (1) shall includedevelopment authorized or 1awfully begun without authorityprior to the commencement of such interval as well asdevelopment authorized or lawfully begun withoutauthority during that interval.

PART 111Contents and Eflectsof Development Orders

10.-( 1) Every confirmed development order (hereafter Contentsofdevelop-mentn this Act called a development order) shall-- orders.specify and define clearly the area to which itrelates;contain such provisions as are necessary orexpedient for prohibiting or regulating thedevelopment of land in the area to which thedevelopment order applies and gei,zrally forcanying out any of the objects for which the orderis made;without prejudice to the generality of the pro-visions of paragraph (h), in particular, makeprovision for any of the matters mentioned in theSecond Schedule;provide for the grant of permission for thedevelopment of land in the area to which thedevelopment order applies, and such permissionmay be granted-

(i) in the case of any development specified insuch order, or in the case of developmentof any class so specified, by the develop-ment order itself;

(ii) in any other case by the local planningauthority (or, in the cases hereinafter

SecondSchedule.

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provided, by the Authority) on an applica-tion in that behalf made to the localplanning authority, in accordance with theprovisions of the development order.(2) The permission granted by any developmentorder may be granted either unconditionally or subject to

such conditions or limitations as may be specified in suchorder.

(3 ) Without prejudice to the generality of subsection(21, a development order which grants permission for anydevelopment may-(a) where permission is thereby granted for theerection, extension, or alteration of any buildings,

require the approval of the local planningauthority to be obtained with respect to thedesign or external appearance thereof;(b) where permission is thereby granted for develop-ment of any specified class, enable the Authority

or the local planning authority to direct that thatpermission shall not apply either in relation todevelopment in any particular area or in relationto any particular development.

(4) For the purpose of enabling development to becarried out in accordance with permission granted underthis Part, or otherwise for the purpose of promoting properdevelopment, a development order may direct that anyenactment passed before the commencement of this Actor any regulations made (whether before or after thecommencement of this Act) under any such enactment, shallnot apply to any development specified in the order or shallapply thereto subject to such modifications as may be sospecified.

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TOWN AND COUNTRY PLANNING 1311.-(1) Subject to the provisions of this section and Applica-section 12, where application is made to a local planning localauthority for permission to develop land, that authority may :

grant permission either unconditionally or subject to such Ermission.conditions as they think fit, or may refuse permission; andin dealing with any such application the local planningauthority shall have regard to the provisions of thedevelopment order so far as material thereto, and to anyother material considerations.( 1 ~ )Where the provisions of section 9 of the Natural 9/1991

Resources Conservation Authority A ct ap ply in respect of adevelopment which is the subject of an application und ersubsection (l), planning permission shall not be grantedunless-(a) an ap plication to the N atural Resources Conserva-tion Au thority has been made as required by suchprovisions as aforesaid; and(b ) that Authority has granted or has signified inwriting its intention to grant, a permit under thatAct.

(2) W ithout prejudice to the generality of subsection(l), conditions may be imposed on the grant of permissionto develop land thereunder-

(a) for regulating the development or use of any landunder the control of the applicant (whether or notit is land in respect of which the ap plication wasmade) or requiring the carrying out of works onsuch land, so far as appears to the local planningauthority to be expedient for the purposes of or inconnection with the development authorized by thepermission;

( b ) for requiring the removal of any buildings orworks a uthorized by the permission, o r the discon-tinuance of any use of lan d so authorized, at theexpiratio n of a specified period, and the carrying

tions to

3rd Sah.

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14 TOWN AND COUNTRY PLANNINGout of any works required for the reinstatement ofland at the expiration of that period,

and any permission granted subject to any such conditionas is mentioned in paragraph ( b ) is in this Act referred toas permission granted for a limited period only.

(3) Provision may be made by a development orderfor regulating the manner in which applications for per-mission to develop land are to be dealt with by local planningauthorities, and in particular-

(a) for enabling the Minister to give directionsrestricting the grant of permission by th e localplanning authority, during such period as may bespecified in the directions, in respect of any suchdevelopment, or in respect of development of anysuch class, as may be so specified;

( b ) for authorizing the local planning authority, insuch cases and subject to such conditions as maybe prescribed by the order, or by directions givenby the Minister thereunder, to grant permissionfor development which does not appear to beprovided for in the order or in any plan orstatement deposited with the order and is not inconflict therewith;

(c) for requiring the local planning authority, beforegranting or refusing permission for any develop-ment, to consult with such authorities or personsas may be prescribed by the order or by directionsgiven by the Minister thereunder;

(4 for requiring the local planning authority to giveto any applicant for permission, within such timeas may be prescribed by the order such notice asmay be so prescribed as to the manner in which hisapplication has been dealt with;

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TOWN A N D COUNTRY PLANNING 15may be prescribed by or under the order, such in-formation as may be so prescribed with respect toany application for permission made to them, in-cluding information as to the manner in which suchapplication has been dealt with.

(4) Every local planning authority shall keep,in such manner as may be prescribed by the developmentorder a register containing such information as may be soprescribed with respect to applications for permission madeto such authority, including information as to the manner inwhich such applications have been dealt with; and everysuch register shall be available for inspection by the publicat all reasonable hours.

12.---(1) The Authority may give directions to any local Reierencoplanning authority or, to local planning authorities constothegenerally requiring that any application for permission to 27/1987develop land, or all such applications of any class specified S. 3-in the directions, shall be referred to the Authority insteadof being dealt with by the local planning authority, andany such application shall be so referred accordingly.ity seeks permission for a development which is not in con-formity with the development order, that application shallbe deemed to be one required to be referred by the localplanning authority to the Authority under this section.

(2) Where an application for permission to developland is referred to the Authority under this section, theprovisions of section 11 and of subsection (4) of section 13shall apply, subject to any necessary modifications, inrelation to the determination of such an application by theAuthority as they apply in relation to the determinationby the local planning authority :

Provided that before determining such application theAuthority shall, if either the applicant or the local planningauthority so desire, afford each of them an opportunity of

Of 8ppbC8-Authority.

(1A) Where an application to a local planning author- 16,1993



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& p l s toMinister.

3 I 1999S. 4 (a).

311999S. 4 (b).

311999s. 4 (c).

appearing before and being heard by a person appointedby the Authority for the purpose.13.41) Where application is made under this Part to alocal planning authority for permission to develop land orwhere such application is referred to the Authority under

the provisions of section 12, and that permission is refusedby the local planning authority or the Authority, as thecase may be, or is granted subject to conditions, then if theapplicant is aggrieved by the decision so taken he may bynotice served within the time, not being less than twenty-eight days from the receipt of the notification of the deci-sion, and in the manner prescribed by the developmentorder, appeal to the Minister and the Minister may, subjectto section 28A, hear the appeal:

Provided that the Minister shall not be required to enter-tain an appeal under this subsection in respect of the deter-mination of an application for permission to develop landif it appears to him that permission for that developmentcould not have been granted by the local planning authority,or could not have been so granted otherwise than subject tothe conditions imposed by them, having regard to theprovisions of section 11 and of the development order, andto any directions given under that order.

(1A) An applicant who appeals to the Minister undersubsection (1) shall at the time of lodging the appeal, paythe prescribed fee.(2) Where an appeal is brought under this sectionfrom a decision of a local planning authority or the

Authority, the Minister shall make a determination w i t hninety days of the hearing thereof and may allow or dismissthe appeal or may reverse or vary any part of the deoisionof the local planning authority, or the Authody, as the casemay be, whether or not the appeal relates to that pant, anddeal with the application as if it had been made to him inthe first instance.

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TOWN AND COUNTRY PLANNING 17(3) Before determ ining any such appeal, the Ministershall, if either the applicant or the authority concerned sodesire, afford to each of them an opportunity of appearing

before and being heard by him.(4) Unless within such period as may be prescribedby the development order, or within such extended periodas may a t any time be agreed upon in writing between theapplicant and the local planning authority, the local plan-ning authority either-

(a ) give notice to the applicant of their decision onany application for permission to develop land,made to them under this Part; or

( b ) give notice to him that the application has beenreferred to the Authority in accordance withdirections given under section 12,the provisions of subsection (1 ) shall apply in relation tothe application as if the permission to which it relates hadbeen refused by the local planning authority and as if thenotification of their decision had been received by theapplicant at the expiration of the period prescribed in thedevelopment order or the extended period agreed upon asaforesaid, as the case may be.

1 4 . 4 1 ) If any person who proposes to carry out any tionstqoperations on land o r make any change in the use of land d$tgywishes to have it determined whether the carrying out of pennissioathose operations or the making of that change in the useof the land would constitute or involve development of theland within the meaning of this Act, and, if so, whether.an application for permission in respect thereof is requiredunder this Part having regard to the provisions of thedevelopment order, he may, either as pa rt of an applicationfo r such permission, or without any such application, applyto the local planning authority to determine that question.

(2) The foregoing provisions of this Part shall,subject to any necessary modifications, apply in relation to

Applica-

required

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18 TOWN A N D COUNTRY PLANNlNGany application under this section and to the determinationthereof as they apply in relation to applications forpermission to develop land and to the determination of suchapplications.

prohionrped&on.

15.-(1) The power to grant permission to develop landunder this Part shall include power to grant permission forthe retention on land of any buildings or works constructedor carried out thereon before the date of the application,or for the continuance of any use of land instituted beforethat date (whether without permission granted under thisPart or in accordance with permission so granted for alimited period only); and references in this Part to permissionto develop land or to carry out any development of land,and to applications for such permission, shall be construedaccordingly.

(2) A n y such permission as is mentioned in sub-section (1) may be granted so as to take effect from the dateon which the buildings or works were constructed or carriedout, or the use was instituted, or from the expiration of thesaid period, as the case may be.

(3) Where permission is granted under this Part forthe erection of a building, the grant of permission mayspecify the purposes for which the building may be used;and if no purpose is so specified, the permission shall beconstrued as including permission to use the building forthe purpose for which it is designed,

(4) Where permission to develop land is grantedunder this Part, then, except as may be otherwise providedby the permission, the grant of permission shall enure forthe benefit of the land and of all persons for the time beinginterested therein, but without prejudice to the provisionsof Part V with respect to the revocation and modifimtion ofpermission so granted.

( 5 ) Where permission to develop land is grantedunder this Part for a limited period, nothing in this Part shall



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TOWN AND COUNTRY PLANNING 19be construed as requiring permission to be obtainedthereunder for the resumption, at the expiration of thatperiod, of the use of the land for the purpose for which itwas normally used before the permission was granted :Provided that in determining for the purposes of thissubsection the purposes for which land was normally usedbefore the grant of permission, no account shall be takenof any use of the land begun in contravention of theprovisions of this Part.

PART IvCompensation fo r re fusd or conditional grant ofplanning permission16. In this Part planning decision means a decision planninedecisionmade on an application for permission to develop land d & d .under Part 111.

17.-(1) Where, on application made under Part I11 for arnwnm-permission to carry out development of land, permission is r m igranted by the Minister subject to conditions, then if on a asa.claim made to the Authority in the manner prescribed byregulations under this Act, it is shown that the value of theinterest of any person in the land is less than it would havebeen if the permission had been granted, or had been grantedunconditionally, as the case may be, the Authority shall(subject to the provisions of this Part) pay to that personcompensation (to be assessed in accordance with and subjectto the provisions of the Third Schedule) equal to the mrddifference.

(2) In determining for the purposes of subsection(1) whether and to what extent the value of any interestin land is less than it would have been if the permissionhad been granted or had been granted unconditionally, itshall be assumed that any subsequent application for likepermission would be determined in the same way:

Provided that if, on the refusal of permission for thedevelopment in respect of which application is made, the

tion forrefused by the Minister on appeal being made to him, or permissionn

Scbdule.



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20 TOWN A N D COUNTRY PLANNINGMinister undertakes to grant permission for any otherdevelopment of the land in the event of an application beingmade in that behalf, regard shall be had to that under-taking in determining the matters aforesaid.

18. Compensation under this Part shall not be payable-(a ) in respect of the refusal of permission for anydevelopment which consists of the making of anymaterial change in the use of any buildings;( b ) in respect of the imposition, on the granting ofpermission to develop land, of any condition relat-

Compcosa-excludedcertaintionin respect ofmatters.

ing to- the number or disposition of buildings onany land;the dimensions, design, structure orexternal appearance of any building or thematerials to be used in its construction;the manner in which any land is to be laidout for the purposes of the development,including the provision of facilities forparking, loading, unloading or fuelling ofvehicles on the land;the use of any buildings or other land; orthe location or design of any means ofaccess to a highway, or the materials to beused in the construction thereof;(c) in respect of any condition subject to which per-mission is granted for the winning and workingof minerals;

(d) in respect of the refusal of permission to developland if the reason or one of the reasons stated forthe refusal is that development of the kind pro-posed would be premature by reference to eitheror both the following matters, that is to say-

(i) the order of priority, if any, indicated inthe development order for the area in-. [The inclusion of this page is authorized by L.N. /2001]

TOWN A ND COIJNTRY PLANNING 21


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which the land is situated for developmentin that area;(ii) any existing deficiency in the provision ofwater supplies or sewerage services and theperiod within which any such deficiency may

reasonably be expected to be made good;in respect of the refusal of permission to developthe land if the reason or one of the reasons statedfor the refusal is that the land is unsuitable forthe proposed development on account of itsliability to flooding or to subsidence;in respect of the refusal of permission to developthe land, unless the improved value of the land isreduced as a result of the refusal or the conditionsattached to a consent, to less than it was on thespecified date as defined in section 2;where the proposed development is prohibited bythe provisions of any law in operation at the date 6/1985

S. 4 (a).f the decision of the Board.1 9 . 4 1 ) Compensation under this Part shall not be ~ ~ ~ ~ n s a -payable in respect of a planning decision whereby excludedpermission is refused for the development of land, if, not- other

withstanding that refusal, there is available with respect mentto that land planning permission for development to which permitted.this section applies :

Provided that where such permission is available withrespect to part only of the land, this section shall have effectonly in so far as the interest subsists in that part.

(2) Where a claim for compensation under this Partis made in respect of an interest in any land, planningpermission for development to which this section appliesshall be taken for the purposes of this section to be availablewith respect to that land or a part thereof if, within onemonth after the Board give notice to the Minister of 611985their findings in respect of that claim, there is in force

if certaindevelop-

S. 4 (a).[The inclusion of this page is authorized by L.N. /2001]


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22 TOWN AND COUNTRY PLANNINGwith respect to that land or part, a grant of, or an under-taking by the Minister to grant, planning permission forsome such development, subject to no conditions other thansuch as are mentioned in paragraph (b)of section 18.(3) This section applies to any development of aresidential, commercial or industrial character, beingdevelopment which consists wholly or mainly of the con-struction of houses, flats, shop or office premises, hotels,garages and petrol fuelling stations, cinemas (includingtelevision cinemas), industrial buildings (including ware-houses), or any combination thereof.

mm 20.-(1) Compensation under this Part shall not beof six months beginning with the date of the planningdecision to which it relates :

Provided that the Minister may in any particular case(either before, on or after the date on which the time forclaiming would otherwise have expired) allow an extended,or further extended, period for making such a claim.

(2) The Minister may make regulations under thissection-(a) requiring claims for compensation under this Partto be made in a form prescribed by the regulations;(b) requiring a claimant to provide such evidence insupport of the claim, and such information as to

the interest of the claimant in the land to whichthe claim relates and as to the interests of otherpersons therein which are known to the claimant,as may be soprescribed.

(3) Any claim for such compensation in respect of aplanning decision shall be sent to the Authority; and it shallbe the duty of the Authority, as soon as may be after the

clainsfororma k k payable unless a claim is made before the end of the period



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T O W N A N D C O U N T R Y P L A N N I N G 23receipt of a claim, to transmit the claim to the Board and to 6/1985s. 4 (4,furnish the Board with- (b), (4.

(a) any evidence or other mformation provided by theclaimant in accordance with regulations madeunder this section;

(b) such other information (if any) as may be requiredby regulations made under this section, being in-formation appearing to the Board to be relevantto the exercise of their powers under section 21.(4) Where a claim is transmitted to the Board under 6/1985S.4 a).subsection (3)- (b).

(a) and it appears to the Board that compensation isexcluded either by section 18 or section 19, theBoard shall notify the claimant accordingly, staticgon which of the grounds it appears to them thatcompensation is not payable, and inviting theclaimant to withdraw his claim;

( b ) unless the claim is withdrawn, the Board shall givenotice of the claim to every other person (if any)appearing to them to have an interest in the land towhich the planning decision related.

21.--( 1) The provisions of this section shall have effect Notificationto Ministerwhere the Authority has transmitted to the Board in off indingsclaims for compensation in respect of a planning decision, S. 4 (a), @).and the claim or (if there is more than one) one or more ofsuch claims, has not been withdrawn.

(2) Before taking a decision under this section inrespect of any such claim the Board shall afford tothe Authority and the local planning authority concernedand to every other person appearing to them to have an

accordance with the provisions of section 20 one or more of/1985oard.

me nclusion of this w e s authoslized by LN. 7/1988]


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24 TOWN A N D C O U N T R Y P L A N N I N Ginterest in the land to which the planning decision related,an opportunity to appear before, and to be heard by, theBoard.

611985 (3) If in any case, the Board come to the con-s'4ta)(b). clusion that the claim for compensation is valid theBoard shall forthwith give notice to the Minister of theirfindings in respect of that claim; and within one monththereafter the Minister may either---

(a ) where it appears to him that permission could pro-pzrly be granted (either unconditionally or subjectto certain conditions) for some development of theland in question other than the development towhich the application for permission related, givea direction that the provisions of this Act shallhave effect in relation to that application and tothe planning decision-

(i) as if the application had included an appli-cation for permission for that other develop-ment and the decision had included thegrant of permission (unconditionally or sub-ject to the said conditions, as the case maybe) for that development; or

(ii) as if the decision had included an under-taking to grant permission unconditionallyor subject to the said conditions (as the casemay be), for that development,

as may be specified in the direction; or(b) offer to purchase the land, or if the owner is un-willing to sell it, take steps to cause such land tobe acquired compulsorily, as land deemed to beneeded for a public purpose, in accordance with

the provisions of the Land Acquisition Act, savethat the compensation payable shall be assessed inaccordance with the provisions of this Act, in-

[The inclusion of this ,page s authurizcd by L.N. 37/1988J

I


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TOWN A N D COONTKY PLANNING 25

I

cluding the provisions of the Third Schedule, and Thirdnot in accordance with the provisions of the LandAcquisition Act; or

(c) direct the Authority to pay the compensationassessed by the Board, and the Authority shall give 6/1985

Schedule.

effect to such direction. S . 4 (a)(4) Any expenses incurred by the Authority in

relation to thc payment of compensation claims under thisPart shall be paid from the Consolidated Fund.

(5) The Authority, a local planning authority or anyperson aggrieved by a decision of the Board under 6/1985this scction may appeal against that decision to a Judge inChambers whose decision in the matter shall be final.

S. 4(a)cb).

Revocution and Modificationof permission to developand enforcement of planning control22.--(1) Subject to the provisions of this section, if it Powerof

appears to the local planning authority that it is expedient, planninphaving regard to the provisions of the development order ::tfigzand to m y other material considerations that any per- ;a;nn:mission to develop land granted 011 an application made permisuoain that behalf under Part 111 should be revoked or modified,they may by order revoke or modify the permission to suchextent as appears 10 them to be expedient as aforesaid :

Provided that no such order shall take effect unless itis confirmed by the Minister, and the Minister may confirmany order submitted to him for the purpose.either withoutmodification or subject to such modifications as he con-siders cxpedient.

(2 ) Where a local planning authority submit anorder to the Minister for his confirmation under this section,that authority shall serve notice on the owner and on the

local

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26 TOWN A N D COUNTRY P L A N N I N Goccupier of the land affected by the order; and if withinsuch period as may be prescribed in that behalf in the notice(not being less than twenty-eight days from the servicethereof) any person on whom the notice is served so requires,the Minister shall before confirming the order, afford tohim, and to the local planning authority, an opportunity ofappearing before and being heard by a person appointed bythe Minister for the purpose.

(3) The power conferred by this section to revokeor modify permission to develop land may be exercised-

(a) where the permission relates to the carrying outof building or other operations, at any time beforethose operations have been completed;

(b ) where the permission relates to a change of theuse of any land, at any time before the changehas taken place :Provided that the revocation or modification of per-

mission for the carrying out of building or other operationsshall not affect so much of those operations as has been pre-viously carried out.

(4) Where permission to develop land is revokedor modified by an order made under this section, then if,o n a claim made to the Authority within the time and in themanner prescribed by regulations under this Act, it is shownthat any person interested in the land has incurredexpenditure in carrying oul work which is rendered abortiveby the revocation or modification, or has otherwise sustainedloss or damage which is directly attributable to therevocation or modification, the Authority shall pay to thatperson compensation in respect of that expenditure, lossor damage :

Provided that no compensation shall be payable underthis subsection in respect of loss or damage consisting of

[The inclusion of this page is authchzsd by L.N. 37/19fHI



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the depreciation in value of any interest in the land byvirtue of the revocation or modification.(5 ) For the purposes of this section, any expendi-

ture incurred in the preparation of plans for the purposesof any work or upon other similar matters preparatorythereto shall be deemed to be included in the expenditureincurred in carrying out that work, but except as aforesaidno compensation shall be paid under this section in respectof any work carried out before the grant of the permissionwhich is revoked or modified, or in respect of any other lossor damage (not being loss or damage consisting of thedepreciation in value of an interest in land) arising out ofanything done or omitted to be done before the grant of thatpermission.

(6 ) Where permission for the development of landgranted by a development order has been withdrawn,whether by the revocation or amendment of the order or bythe issue of directions under powers in that behalf con-ferred by the order then, if, on an application made in thatbehalf under Part I11 permission for that development isrefused or is granted subject to conditions other than thosepreviously imposed by the development order, the provisionsof subsections (4) and ( 5 ) shall apply as if the permissiongranted by the development order had been granted by thelocal planning authority under Part 111 and had beenrevoked or modified under subsections (l), (2) and (3).

(7)Where the permission which is revoked or modi-fied by an order under this section is permission such as ismentioned in subsection (1) of section 17 the provision ofthat section shall apply as if for references therein to therefusal of the permission or the imposition of conditionson the grant thereof there were substituted references to therevocation of penmission or the modification thereof by theimposition of conditions and subsection (1) shall have effect---- -- ---[The inclusion of this page is authorized by L.N. /2001]

28 TOWN AND COUNTRY P L A N N IN G


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stopnotice.311999s.5.

as if for the words if the permission had been granted, orhad been granted unconditionally there were substitutedthe words if the permission had not been revoked or hadnot been modified.(8) Where by virtue of the provisions of this sectioncompensation is payable in respect of expenditure incurred

in carrying out any work on land, then if the Minister takessteps for the purchase of such land, or a claim for compen-sation is made under subsection ( 1 ) of section 17 anycompensation payable in respect of the acquisition of theland or, as the case may be, the claim for compensationunder subsection (1 ) of section 17, shall be reduced by theamount equal to the value of the works in respect of whichcompensation is payable under this section.

22A.-( 1) Where it appean to a local planning authority,the Government Town Planner or the Authority that adevelopment specified in sukection (2) is unauthorized or ishazardous or otherwise dangerous to the public, the localplanning authority, the Government Town Planner or theAuthority, as the case may be, shall serve or cause to beserved on any of the persons specified in subsection (3), astop notice requiring that person to immediately cease thedevelopment.

(2) A development referred to in subsection (1) isa development-(a)which is being carried out in breach of a conditionsubject to which planning permission was granted;or(b ) whioh is being carried out without the grant ofplanning permission.

(3) The persons on whom a s t p ndice may beserved are-[The inclusion of this page is authorized by L.N. 3/2001]

TOWN A N D COUNTRY P U N N I N G 29


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(a) the owner or occupier of the land whermn thedevelopment is taking place or has taken place; or( b ) any person who is engaged in the development; or(c) any other person appearing to have an interest inthe land.

(4) A stop noti-(a ) shl l state-

(i) the name of the person to whom it isdirected,(ii) the basis on which the stop order is made;(E) the address on which the development istaking place or has taken place;(iv) the nature of the development;(v) that the notice takes effeat from the time itis served; and

(vi) the period for which the notice is effdve;( b ) shall be for a period no t exceeding ten days and)maybe extended for such further periods as thelocal planning authority, the Government TownPlanner or the Authority may determine.

( 5 ) Where a stop notice is served on a personreferred to in subsection (3), a copy thereof shall be postedin a conspicuous place-(a) on the premises where the relevant developmentis taking place or has taken place; and( b ) in a courthouse, police station or other public placein the p ahh in which the development is takingplace or has taken ptace.

(6 ) Where a person suffers any loss resulting fromthe service of a stop notice, compensation shall only bepayable where in any aation brought by him against a localplanning authority, the Government Town Planner or theAuthority, as the case may be, he expressly alleges that the


30 TOWN AND CO U N T RY P L AN N I N G


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Enfom-m a t ofPlanninooontrd16/1993S. 6 a) (9.

16I 1993S.6 (a)(9.16/1993S. 6 (a) (E).311999S. 6 (axii).

1611993S. 6(a)(iii).

311999S.6 (a)(a).3/1999S. 6@).

service of the notice WGis done without reaisonable or prob-able cause and at the trial of such action he proves suchallegation.(7) Any person who fails to comply with a stopnotice shall be cable on summary conviction before aResident Magistrate to a fine of not less than twenty-fivethousand dollars nor more than one million dollars or indefault of payment to a term of imprisonment not exceed-ing six months.

23.-(1) If it appears to the local planning authority, theGovernment Town Planner or the Authority that anydevelopment of land has been carried out after thecoming into operation of a development order relating tosuch land without the grant of permission required in thatbehalf under Part III, or that any conditions subject towhich such permission was granted in respect of anydevelopment have not been complied with, then subjectto any directions given by the Minister and to subsection(lA), the local phnning authority, the Government TownPlanner or the Authority may within twelve years of suchdevelopment being carried out, if they consider it expedientso to do having regard to the provisions of the developmentorder and to any other mater;ial considerations, serve onthe owner and occupier of the land and any person whocarries out or takes steps to carry out any development ofsuch land and any other person concerned in the prepara-tion of the development plans or the management of thedevelopment or opemtions on such land a notice underthis section (hereinafter referred to as an enforcementnotice).

(1A) Where a stop notice is served under section 22A,a looail planning authority, the Government Town Planneror the authority, as the case may be, shall serve an enforce-ment notice within fourteen days of the service of the stopnotice.


TOWN A N D C O U N T R Y PLANNING 31


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(2) An enforcement notice shall speafy the develop- 311999S. 6 (c).ment which is alleged to have been carried out without thegrant of permission as aforesaid or, as the case may be, thematters in respect of which it is alleged that any such con-ditions as aforesaid have not been complied with, and mayrequire such steps as may be specified in the notice to betaken within such period as may be so specified for restoringthe land to its condition before the development took place,or for securing compliance with the conditions, as the casemay be, and in particular any such notice may, for thepurpose aforesaid, require the demolition or alterations ofany buildings or works, the discontinuance of any use ofland, or the carrying out on land of any building or otheroperations and shall state that any person upon whom an 16/1993enforcement notice is served is prohibited from continuing S - 6 0 ~ ) .or carrying out any development or operations or using theland in respect of which the notice is served.subsection (11, the local planning authority, the GovernmentTown Planner or the Authority, as the case may be, shdl-

(a) muse a copy of the enforcement notice to be postedin a conspicuous place on the development or onthe land where the development is being carriedon;( b ) cause a notice in accordance with subsection (2B)

to be displayed in a conspicuous place in a courthouse, police station, p t ffice,p t a l agency orother public place in the parish in which the de-velopment is taking place or h s aken place.

(2A) Where an enforcement notice ils served under 3/1999S.6 d).

(2B) The notice referred to in subsection (2A) ( b )shall 3/1999S.6 (a).contain information-(U ) as to the place where an enforcement notice may

be inspected and a copy obtained,(b) that any interested person may make representa-tions in respect of the enforcement notice to the[The inclusion of this page is authorized by L.N. /2001]

32 TOWN AND COUNTRY P L A N N I N G


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311999S. 6 (a).

16/1993S. 6 (a).311999S.6 (c).

311999S.6 (d).

Appeal toMinister.1611993s. 7.311999S. 7 (a).311999S. (bXi)(ii).311999s. 7 (c).3/1999s.7 (c).

311999S. 7 (d) (9.

local planning authority, the Government TownPlanner or the Authority.(2C) The loaal planning authority, the GovernmentTown Planner or the Authority, as the case may be, shallfrom time to time cause a list of enforcement notices It0 bepublished in a daily newspaper circulated in Jamaica.(2D)n subsection (2B) (b) interested persons meansthe owner or occupier of any premises abutting, adjoiningor adjacent to the premises in respect of which the enforce-ment notice is served.

(3) Subjeot to section 23A, an enforcement noticeshall take effect-(a) in the case of the discontinuance of material changeof use of land., at the expiration of twentyeightdays after the service there&(b ) in any other case, at the expira tion of three daysafter the service thereof:

Provided that where an appeal is I d @ pursuant tosection 23A, any development to which the enforcementnotice relates shall cease.2 3 A . 4 1 ) If any person on whom an enforcement noticeis served pursuant to section 23 is aggrieved by the notice,he may within fourteen days of the service of the noticeappeal against the notice to the Minister, and the Ministermay, subjeot to section 28A, hear the appeal.

(2) Every person who lodges an appeal pursuantto subsection (1) shall, at the time of lodging the appeal,pay the prescribed fee.(3) The Minister shall, within ninety days of thehearing of an appeal, make a determination in accordance

with the provisions of subsection (4).(4) On hearing an appeal or upon receipt of thefindings of the person or persons under section 28A (1) (b) ,the Minister may-me inclusion of this page is authorized by L.N. /2001]

TOWN AND COUNTRY PLANNING 32.01


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(a) quash the notice if satisfied that permission wasgranted under this Act for the development towhich the notice relata, or that no such penmissionwas required in respect thereof, or, as the casemay be, that the conditions subject to which suchpermission was granted have been complied with;or

(b) vary the notice if not so satisfied but satisfied thatthe requirements of the notice exceed what isnecessary for restoring the land to its conditionbefore the development took place, or for securingcompliance with the conditions, as the case maybe; or

(c ) in any other case, dismiss the appeal :Provided that where the enforcement notice is varied orthe appeal is dismissed, the Minister may, if he thinks fit,

dirs t that the enforcement notice shall not take effect untilsuch date (not being later than twenty-eight days from thedetermination of the appeal) as the Minister may specify. 311999. 7(dXii).

( 5 ) A person who is aggrieved by a decision of theMinister may appeal against that decision to the Court of :Appleal.23B.41) W h e r e Applicationfor

3/1999(a ) a person on whom an enforcement notice is served injunction.under section 23 fails to comply with the p r o 6 s.8.sions of that notice within the period specifiedtherein; or

( b ) a local planning authority, the Government TownPlanner or the Authority, as the m e may be, con-siders it necessary or expedient for any perceivedbreach of planning control to be restrained,me inclusion of this page is authorized by L.N. 3/2001]

32.02 TOWN A N D COUNTRY P U N N I N G


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the load planning authority, the Government Town Planneror the Authority, as the case may be, may awly to theC O U ~or an injunction, whether or not they have exercisedor are proping to exercise any of their ather powersunder ithis Act.

(2) On an application under subsection (l), thecourt may grant such injunction as the court thinks appro-priate for the purpose of restraining the breach.(3) Rulesof Court may provide for such injunctionto be issued against a person whose identity is unknown.

R ~ C ~ ~ C Qfexpensesincurredb localp L n i o p8UthOntieS.

2 4 . 4 1 ) If within the period specified in an enforcementnotice, or within such extended period as theld planningauthority may allow, any steps required by the notice to betaken (other than the discontinuance of any use of land)have not been taken, the local planning authority may enteron the land and take those steps, and may recover as asimple contract debt in the Resident Magistrates Court ofthe parish in which the land is situated, from the person whois then the owner of the land, any expenses reasonablyincurred by them in that behalf; and if that person, havingbeen entitled to appeal to the Minkter under section 23A,failed to make such an appeal, he shall not be entitled inproceedings under this subsection to dispute the validityof the action taken by the local planning authority uponany ground which could have been raised by such appeal.

3/iws. 9.

(2) Any expenses incurred by the owner or occupierof any land for the purpose of complying with an enforce-ment notice served under subsection (1 ) of section 23 inrespect of any development, and any sums paid by theowner of any land under subsection (1) in respect of theexpenses of the local planning authority in taking steps


TOWN A N D COUNTRY PLANNING 32.03


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required to be taken by such notice, shall be deemed to beincurred or paid for the use and at the request of theperson by whom the development was carried out.(3) Where, by virtue of an enforcement notice, anyuse of land is required to be discontinued, or any conditionsare required to be complied with in respect of any use of

land or in respect of the carrying out of any operationsthereon, then if any person, without the grant of permissionin that behalf under Part 111, uses the land or causes orpermits the land to be used, or carries out or causes orpermits to be carried out those operations, in contraventionof the notice, he shall be guilty of an offence and liable onsummary conviction before a Resident Magistrate to a finenot exceeding twenty-five thousand dollars, or in default of S. 8payment to imprisonment with hard labour for a term notexceeding twelve months, and if the use is continued after 1611993liable on summary conviction before a Resident Magistrateto a fine not exceeding five thousand dollars for every dayon which the use is so continued, or in default of payment i ~ i / i w 3in the land to be forfeited to the Crown, and if the useis continued after the second conviction, he shall be guiltyof a further offence and on summary conviction before aResident Magistrate the interest in the land shall be forfeitedto the Crown.

1611993 (1).

the conviction, he shall !beguilty of a further offence and S. 8 (ii).

(iii).the Resident Magistrate shall make an order for the interest S. 8 (b) (iv).

25.-(1) If it appears to a local authority that it is Ordenforexpedient in the interests of amenity to make provision for oftreesmdwoodlands.the preservation of trees or woodlands in their area, theymay for that purpose make an order (in this Act referredto as a tree preservation order) with respect to such trees,

P K S C I V 8 t i O O


32.04 TOWN A N D COUNTRY PLANNING


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groups of trees or woodlands as may be specified in theorder; and, in particular, provision may be made by anysuch order-(a ) for prohibiting (subject to any exemptions forwhich provision may be made by the order) thecutting down, topping, lopping or wilful destructionof trees except with the consent of the localauthority, and for enabling that authority to givetheir consent subject to conditions;(b) for securing the replanting, in such manner as maybe prescribed by or under the order, of any partof a woodland area which is felled in the courseof forestry operations permitted by or under theorder;

(c) for applying, in relation to any consent under theorder, and to applications therefor, any of theprovisions of Part I11 relating to permission todevelop land, and to applications for suchpermission, subject to such adaptations andmodifications as may be specified in the order;

( d ) for the payment by the local authority, subjectto such exceptions and conditions as may bespecified in the order, of compensation in respectof damage or expenditure caused or incurred inconsequence of the refusal of any consent requiredunder the order, or of the grant of any suchconsent subject to conditions.(2) A tree preservation order shall not take effectuntil it is confirmed by the Minister, and the Minister may



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T O W N AN D CO U N T RY P L AN N IN G 33

confirm any such order either without modification orsubject to such modifications as he considers expedient.(3 ) The Minister may make regulations under this

Act with respect to the form of tree preservation orders,and the procedure to be followed in connection with thesubmission and confirmation of such orders; and suchregulations may in particular but without prejudice to thegenerality of the foregoing make provision for securing-(a) that notice shall be given to the owners and

occupiers of the land affected by any such orderof the submission to the Minister of the order;

Ih ) that objections and representations with respectto the proposed order duly made in accordancewith the regulations shall be considered beforethe order is confirmed by the Minister; and( c ) that copies of the order when confirmed by theMinister shall be served on the owners andoccupiers of the land to which it relates:Provided that where it appears to the Ministerthat any such order should take effect immediatelyhe may confirm the order provisionally withoutcomplying with the requirements of any suchregulations with respect to the consideration ofobjections and representations, but any such orderso confirmed shall cease to have effect upon theexpiration of two months from the date on whichit is so confirmed, unless within that period it hasagain been confirmed by the Minister with orwithout modifications, after compliance with thoseregulations.

(4)Without prejudice to any other exemption forwhich provision may be made by a tree preservation order,no such order shall apply to the cutting down, topping orlopping of trees which are dying or dead or have become



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34 T O W N A N D COUNTRY PLANNINGdangerous or the cutting down, topping or lopping of anytrees in compliance with any obligation imposed by orunder any law or so far as may be necessary for theprevention or abatement of a nuisance.

( 5 ) If any person contravenes the provisions of atree preservation order, he shall be guilty of an offence andliable on summary conviction before a Resident Magis-trate to a fine not exceeding one hundred dollars or indefault of payment to imprisonment with hard labour for aterm not exceeding three months, and if in the case of a con-tinuing offence the contravention is continued after theconviction, he shall be guilty of a further offence and liableon summary conviction before a Resident Magistrate to anadditional fine not exceeding four dollars fnr every day onwhich the contravention is so continued.

Controlof 26.41) Subject to the provisions of this section thements. Minister shall make regulations under this Act forrestricting or regulating the display of advertisements in

any area to which a development order applies, so far asappears to him to be expedient in the interests of amenityor public safety, and without prejudice to the generalityof the foregoing provision, any such regulations mayprovide-

(a) for regulating the dimensions, appearance andposition of advertisements which may be displayedwithin such area, the sites on which suchadvertisements may be displayed, and the mannerin which they are to be affixed to land;

(b) for requiring the consent of the local planningauthority to be obtained for the display withinsuch area of advertisements, or advertisementsof any class specified in the regulations;

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TOWN AND COUNTRY PLANNING 35(c ) for applying, in relation to any such consent and

to the applications therefor, any of the provisionsof Part 111 relating to permission to develop landand to application for such permission subject tosuch adaptations and modifications as may bespecified in the regulations;(4 for enabling the local planning authority to requirethe removal of any advertisement which is beingdisplayed in contravention of the regulations, orthe discontinuance of the use for the display ofadvertisements of any site which is being usedfor that purpose in contravention of the regulations,and for that purpose of applying any of theprovisions of this Part with respect to enforcementnotices, subject to such adaptations and modifica-tions as may be specified in the regulations;

(e) for the constitution, for the purposes of theregulations, of such advisory committees as maybe prescribed by the regulations and for deter-mining the manner in which the expenses of anysuch committee are to be defrayed.

(2) Without prejudice to the generality of thepowers conferred by paragraph (c) of subsection (l),regulations made for the purpose of this section may providethat any appeal from the decision of the local planningauthority on an application for their consent under theregulations shall lie to an independent tribunal constitutedin accordance with the regulations, instead of to theMinister.

(3) Subject as hereinafter provided regulations madeunder this section may be made so as to apply toadvertisements which are being displayed on the date onwhich the regfilations come into force, or to the use for thedisplay of advertisements of any site which was being usedfor that purpose on that date :

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36 TOWN AND COUNTRY PLANNINGProvided that any such regulations shall provide for

( a ) the continued display of any such advertisementas aforesaid; and( b ) the continued use for the display of advertisementsof any such site as aforesaid,during such period as may be prescribed in that behalf by

the regulations and different periods may be so prescribedfor the purposes of different provisions of the regulations.

(4) Regulations made under this section may directthat any enactment affecting the control of advertisementspassed before the commencement of this Act or anyregulations made (whether before or after the commence-ment of this Act) under any such enactment shall not applyto the display of advertisements within the area to whichthe development order relates or shall apply thereto subjectto such modifications as may be specified in the regulations.

exempting therefrom-

Claimspensation.

2 7 . 4 1 ) Where the display of advertisements in accord-ance with regulations made under section 26 involves thedevelopment of land within the meaning of this Act, planningpermission for that development shall be deemed to begranted by virtue of this section, and no application shallbe necessary in that behalf under any other provision ofthis Act.

for com-

(2) Where for the purpose of complying with anysuch regulations as aforesaid works are carried out by anyperson for the removal of advertisements being displayedon the date on which the regulations come into force or thediscontinuance of the use for the display of advertisementsof any site used for that purpose on that date, that personshall be entitled on a claim made to the Authority withinthe time and in the manner prescribed by regulations under

[The inclusion of this page is authorized by L.N. 480/19731



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'this Act, to recover from the Authority compensation inrespect of any expenses reasonably incu rred by him in tha tbehalf :Provided that no compensation shall be payable underthis subsection with respect to the removal of any advertise-ment which was not being displayed in an area o n the dateon which the development order applicable to that areacame into force.

(3 ) Without prejudice to any provisions included inregulations made under paragraph ( d ) of subsection (1) ofsection 26, if any person displays an advertisement incontravention of the provisions of the regulations, he shallbe guilty of an offence and liable on summary convictionbefore a Resident Magistrate to a fine of such amount notexceeding ten thousand dollars or in default of payment to hf/d.993imprisonment with hard labour for such term n ot exceedingtwelve m onths, as may be prescribed by regulations, and in 1611993the case of a continuing offence on e thousand dollars for kkm3each day during which the offence continues after convic- ation.

(4) For the purposes of subsection (3), and withoutprejudice to the generality thereof, a person shall be deemedto display an advertisement if-(a) the advertisement IS displayed on land of which

he is the owner or occupier; or( b ) the advertisement gives publicity to his goods,trade, business or other c o n er ns :Provided that a person shall no t be guilty of an offenceunder the said subsection by reason only that an advertise-ment is displayed on land of which he is owner or occupier,

or th at his goods, trade, business or other concerns are givenpublicity by the advertisement, if he proves that it was dis-played withou t his knowledge or consent. -m e nclusion of this page is authorized by L.N. /2001]



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Power torequirepropermainten-ance ofwasteland, etc.

28.-(1) If it appears to a local planning authority thatthe amenity of any part of the area of that authority towhich a development order applies, is seriously injured bythe condition of any garden, vacant site or other open landin such area, then, subject to any directions given by theMinister the authority may serve on the owner and occupierof the land, in the manner prescribed by regulations underthis Act, a notice requiring such steps for abating theinjury as may be specified in the notice, to be taken withinsuch period as may be so specified.

(2) In relation to any notice served under thissection, the provisions of subsections (3) to (5) of section 23and section 24 shall, subject to such exceptions andmodifications as may be prescribed by regulations underthis Act, apply as those provisions apply in relation to anenforcement notice served under the said section 23.PART VI

MiscellaneousMiniStM 28A.-(1) The Minister may, if he thinks fit, appoint amay appointperson or person or persons-(a) to hear, receive and examine the evidence in anersonswithrtspeotw;% appeal; and

S. 10. ( b ) to submit to him, or his determination, a writtenreport of the findings and recommendations, with-in twenty-one days of the hearing of such evidence.(2) A person or persons appointed under subsec-tion (1 ) shall hear the evidence within twenty-one days ofthe date on which such appointment is made.(3) Where such person or persons fail to complywith subsection (2), the Minister shall hear and determinethe appeal in question.(4) There shall be paid to a person or personsappointed under subsection (1) such remuneration by wayof honorarium as the Minister shall determine.


TOWN AND COUNTRY PLANNXNG 39Powersof) Any person duly authorized in writing-


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by a local planning authority, the Government S.6/19930 (a).Town Planner or the Authority may, at any reason-able time, enter upon any land for the purposesof- (i) observing an y contravention of a develop-ment order or conditions attached thereto;or(ii) serving any notice under section 23 (1) or,carrying into effect any steps specified insuch notice pursuant to that section or sec-

tion 24 (U , or inspecting any works beingcarried out under an enforcement notice;or( b ) by the Minister or a local authority or a localplanning authority, may, at any reasonable time,enter upon any land for the purpose of inspectingor surveying in connection with-

entry.

the preparation, confirmation or amendmentof a provisional development order or aconfirmed development order, as the casemay be;any application under Part I11 or underany order or regulations made under thisAct for any permission, consent or deter-mination to be given or effected there-under;any proposal by a local authority, theGovernment Town Planner or the Author-ity or a local planning authority or by theMinister to serve or make any notice ororder under this Act, except a notice undersection 23,

and any person being an officer of the Board or authorizedin writing in that behalf by the Board, or a person dulyauthorized in writing by the Authority may, at any reason-[The inclusion of this p a g e is authorized by L.N. 3/2001]

40 TOWN AND COUNTRY PLANNINGable time, enter upon any lands fo r the purpose of surveying


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16/1993s. 10 0).16/ 1993s. 10@I.

1611993s. 10 (CF

611985S. 4 (a) (b).

it or estimating its value in connection with any claim forcompensation payable by the Authority.(2) A person authorized under this section to enterupon any land shall, if so requ ired, produce evidence of hisauthority before so entering and shall not demand admissionas of righ t to any land which is occup ied unless twenty-four hours notice of the intended entry has been given tothe occupier.(3 ) Any person who wilfully obstructs a personacting in the exercise of his powers und er th is section shall

be liable on summary conviction before a Resident Magis-trate to a fine not exceeding ten thousand dollars or in de-fault of payment to imprisonment with hard labour for aterm not exceeding twelve months.(4) If any person who, in compliance with the pro-visions of this section, is admitted into a factory, workshopor workplace discloses to any person any information

obtained by him therein as to any manufacturing processor trade secret he shall, unless the disclosure is made in thecourse of perform ing his duty in conn ection with the surveyor estimate for which he was authorized to enter thepremises, be liable on summary conviction before aResident Magistrate to a fine not exceeding ten thousanddollars or to imprisonment for a term not exceeding twelvemonths.( 5 ) Where any land is damaged in the exercise of apower of entry conferred under this section or in themaking of an y survey fo r the purpose of which any suchpower of entry has been so conferred, compensation inrespect of tha t damage may be recovered by any personinterested in the land from the Minister or Board orauthority in whose behalf the entry was effected.(6 ) Any expenses incurred by the Minister, theAuthority or the Board under subsection (5 ) shall be paidfrom the Consolidated Fund.


TOWN A N D COUNTRY P L A N N I N G 41(7) Any power conferred by this section to survey


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land shall be construed as including power to search andbore for the purpose of ascertaining the nature of the sub-soil or the presence of minerals therein :Provided that a person shall not carry out any worksauthorized by this subsection unless notice of his intentionso to do has been included in the notice required by sub-section (2) and if the land in question is held by any statutoryundertakers and those undertakers object to the proposedworks on the ground that the carrying out thereof wouldbe seriously detrimental to the carrying out of their

undertaking, the works shall not be carried out except withthe authority of the Minister.30. Any notice, order or other document required or S C U + C ~ ~notice,etc.authorized to be served under this Act may be servedeither-

(a) by delivering it to the person on whom it is to beserved; or(b) by leaving it at the usual or last known place ofabodeof that person; or(c) by sending it in a prepaid registered letteraddressed to that person at his usual or lastknown place of abode where such place of abodeis within a postal delivery district; or( d ) in the case of an incorporated company or body,

by delivering it to the secretary or clerk of thecompany or body at their registered or principaloffice or sending it in a prepaid letter addressedto the secretary or clerk of the company or bodyat that office; or(e) if it is not practicable after reasonable enquiry toascertain the name or address of any person on

whom it should be served, by addressing it to himby the description of owner or lessee oroccupier (as the case may be) of the premises[The inclusion of this page is authorized by L.N. 3/2001]

42 TOWN AND COUNTRY PLANNING(naming them) to which it relates, and by


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delivering it to some person on the premises or,if there is no person on the premises to whom itcan be delivered, by affixing it, or a copy of it,to some conspicuous part of the premises.

~ s g d t i ~ . 1.-(1) The Minister may make regulations under this(a) for prescribing the form of any notice, order orother document authorized or required by thisAct to be served, made or issued by the Board,

local planning authority or local authority;

Act-

611985S. a) W.

F i iSchedule.16/1993s. 11.311999s. 11 (b).

( b ) for regulating generally the procedure to be fol-lowed in connection with the preparation and con-firmation of development orders and in particular,but without prejudice to the generality of the fore-going, for providing for the several matters andthings mentioned in the Fifth Schedule;(c) for prescribing the manner in which materialswhioh are used on a wnstruotion site are to bestored,( d ) for any purpose for which regulations are author-ized or required to be made under this Act, and inparticular for prescribing anything which by thisAct is required or authorized to be prescribed by

regulations.42119693rd (2) Regulations made by the Minister under thisAct shall be subject to negative resolution.(3) The imposition of a fine not exceeding onehundred dollars may be provided for by such regulationsfor any contravention or failure to comply with theprovisions thereof.

Offencm 32. Any person who

Documents

Town and Country Planning Act