Land Development and Control Act 1977 (Act No. 15 of 1977)

OF ANTIGUA AND BARBUDA Land Development and Control (CAP. 235 CHAPTER 235 THE LAND DEVELOPMENT AND CONTROL ACT Arrangement of Sections Section 1. Short title. 2. Interpretation. 3. Development Control Authority. 4. Secretary. 5. Indemnity. 6. Development Plan. 7. Appointment of Town and Country Planner. 8. Permission to develop land. 9. Application for permission to develop land. 10. Application for approval in principle. 11. Determination of application. 12. Reasons for refusal to be given. 13. Appeal. 14. Appeals Tribunal. 15. Deemed refusal of application. 16. Lapse of development permission. 17. Modification of existing legislation. 18. Register to be kept. 19. Employees. 20. Expenditure a charge on public revenue. 2 1. Exclusion of compensation. 22. Derelict land, buildings and vehicles. 23. Regulations. 24. Act binding on the Crown. 25. Service of notices. 26. Non-compliance. Schedule. IAWS LAWS OF ANTIGUA AND BARBUDA Land Development and Control (CAP. 235 3 LAND DEVELOPMENT AND CONTROL (30th December, 1977.) 1511977. This Act may be cited as the Land Development and Control Act. 2. In this Act, unless the context otherwise advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purpose of adver tisement, announcement or direction (excluding any such thing employed wholly as a memorial) and includes any hoarding or similar structure used, or adapted for use, for the display of advertisements to the display of advertisements shall be construed accordingly; "application" means an application to the Authority for permission to carry out development or for any approval required by the Act and any subsidiary legislation made hereunder; "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the pro duction of food, wool, skins or fur, or for the pur pose of its use in the farming of land) the use of land as grazing land, meadow land, market gardens and nursery grounds and the use of land for woodland where that use is ancillary to the farm ing of land for other agricultural purposes, and "agricultural" shall be construed accordingly; "agricultural land" does not include the garden of a house or building or land within the curtilage of a house or building (other than a market garden); 1. Short title. requires- Interpretation. " and,references LAWS OF ANTIGUA AND BARBUDA 4 CAP. 235) Land Development and "Authority" means the Authority established under the provisions of section 3; includes any erection, structure or any part of a building erected on or made on or in or under any lands and where the context so permits, includes the land on, in or under which the building is situated but does not include plant or machinery comprised in a building; "building operations7' includes rebuilding operations, structural alterations, of, or additions to buildings and any other operations normally undertaken by a person carrying on business as a builder; "development", subject to the provisions of section 8 (2) means the carrying out of 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, or the segrega tion, division, or sub-division of any building or land whether or not any building, engineering or other operations have been carried out or are intended to be carried out for the formation of lots; engineering operations" includes the formation or lay ing out of means of access to highways and other roads; erection" in relation to buildings as defined in this sub-division, includes extension, alteration and re-erection; "land" includes land covered with water and also includes incorporeal as well as corporeal hereditaments of every tenure or description and any interest therein and also undivided share in land: "means of access" includes any means of access whether private or public, for vehicles or for foot passengers, and includes a road; Control ''building'' " " LAWS OF ANTIGUA AND BARBUDA Land Development and Control (CAP. 235 5 "minerals" includes all minerals or substances in or under land of a kind ordinarily worked for removal by underground or surface working; "Minister" means the member of the Cabinet to whom responsibility for the subject of land development and control is assigned; owner" in relation to any building or land means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is for the time being entitled to receive the rack rent and profits of the building or land, or where the land or building is not let at a rack rent, would be so entitled if it were so let; "road" means any public or private road in Antigua and Barbuda including any street, alley, land, bridge, wharf and embarkment; "sub-divide" means to divide or sub-divide a lot or parcel of land or building into two or more parts for sale, transfer, lease, letting, use, trust or for any other transaction as well as for the develop ment of a new building; "Town and Country Planner" means the person appointed as such under section 7. 3. (1) There is hereby established a Development Control Authority (hereinafter referred to as the "Authority") which shall consist of the following (a) a Chairman to be appointed by the Minister; ( b ) the Director of Public Works; (c) the Chief Health Inspector; the Lands Officer; (e) the Town and Country Planner; a member, being a person in the Public Ser vice, appointed by the Minister; " (d) (f) members Development Control Authority. LAWS OF ANTIGUA AND BARBUDA 6 CAP. 235) Land Development and Control two members, being persons not in the Public Service, appointed by the Minister. (2) The members appointed by the Minister under subsection shall be appointed for such period not exceeding two years as the Minister shall in the appoint ment determine and upon expiration of an appointment such appointed members shall be eligible for re-appointment. (3) Subject to subsection (4) the Authority shall meet at such times as may be expedient for the transaction of business, and meetings shall be held at such places and times and such days as the Authority may determine. (4) The Chairman shall at any time call a special meeting to be held within seven days of a written requisi tion for that purpose addressed to him by any two members of the Authority or by the Minister. (5) The Chairman and three other members shall form a quorum: Provided that when any member, being a person refer red to in paragraph ( b ) , (c), or (e) of subsection ( 1 ) is unable to attend a meeting, he shall be represented thereat by some other person appointed by the Minister. (6 ) The Members of the Authority may appoint one of their number to act as Chairman during the temporary absence of the Chairman of the Authority owing to illness, inability to attend, absence from Antigua and Barbuda or any other reasonable cause. (7) The Minister may at any time revoke the appoint ment of any member of the Authority if he thinks it expedient to do so. (8) The appointment of any member of the Authority and the termination of office of any person as such member whether by death, resignation, removal, effluxion of time or otherwise shall be notified in the Gazette. (9) In the case of an equality of votes on any question at a meeting the Chairman of the meeting shall have a casting as well as a deliberative vote in respect of that question. (g) (1) (rl), LAWS OF ANTIGUA AND BARBUDA Land Development and Control (CAP. 235 7 (10) A member of the Authority shall not vote upon, nor shall any member or employee of the Authority take part in the discussion of any matter before the Authority in which he has, directly or indirectly by himself or in part nership or as a member of or as a director of a company or like body, any pecuniary interest. (1 1) Subject to the foregoing subsections, the Authority shall have the power to regulate its own proceedings. (12) The validity of any proceedings of the Authority shall not be affected by any vacancy in its membership or any defect in the appointment of any members. 4. The Secretary of the Authority shall be appointed by the Minister. 5. (1) No personal liability shall attach to any member, the Secretary or any employee of the Authority in respect of anything done or suffered in good faith under the provisions of this Act and any sums of money, damages or costs which may be recovered against them or any of them for anything done or suffered as aforesaid shall be paid out of the revenues of Antigua and Barbuda. (2) No personal liability shall attach to any member, the Secretary or any employee of the Authority in respect of anything done or suffered in good faith under the provi sions of this Act and any sums of money, damages or costs which may be recovered against them or any of them for anything done or suffered aforesaid from the period of the expiration of the Land Development (Interim Control) Act, 1974, until the coming into force of this Act shall be paid out of the revenues of Antigua and Barbuda. 6. (1) It shall be the duty of the Authority to institute a survey of Antigua and Barbuda, examining the matters which may be expected to affect the development of Antigua and Barbuda or the planning of its development and in any event to keep all such matters under review. (2) Notwithstanding that the Authority have carried out their duty under subsection (1) above, the Authority may, if it thinks fit, and shall, if directed to do so by the Minister, Secretary. Indemnity. Development Plan. LAWS OF AND BARBUDA 8 CAP. 235) Land Development and Control institute a fresh survey of Antigua and Barbuda examining the matters mentioned in that subsection. (3) The Authority shall be responsible for the prepara tion of a report on their survey under subsection (1) and a Development Plan for Antigua and Barbuda as specified in subsection (4). (4) (a) The Development Plan shall comprise a writ ten statement, accompanied as necessary by diagrams, illustrations and descriptive matter, setting out the pro posed development of Antigua and Barbuda and also formulating the Authority's policy and general proposals in respect of the development and other use of land in Antigua and Barbuda (including measures for the improvement of physical and management of traffic). (b) Such policy and proposals shall have regard to the current and future policies with respect to the economic and social development of Antigua and Barbuda, the resources likely to be available for the carrying out of the proposals, and to such other matters as the Minister may direct them to take into account. (5) The Development Plan shall be submitted to the Minister, who shall submit it to the Cabinet for approval, together with any recommendations he may consider appropriate. (6) Prior to submission of the Development Plan to the Cabinet, the. Minister may direct the Authority to hold one or more public meetings on the Plan or on any part thereof. (7) The Authority shall publish in the Gazette, and, if it deems fit in any other news media, notice of the time and place at which any such public meeting as may be directed under subsection (6) is to be held, at least seven days prior to the date of such meeting. (8) A record of the proceedings of any public meeting held pursuant to subsection (6) shall be kept by the Secretary of the Authority and a copy thereof shall be furnished to the Minister as soon as is practicable thereafter. ANTIGUA environment LAWS OF ANTIGUA AND BARBUDA Land Development and Control (CAP. 235 9 (9) The Cabinet may approve the Development Plan submitted to it or may direct that the ( a ) mgke such alterations or additions to the Plan as the Cabinet may direct; or redraft the Plan for submission through the Minister to the Cabinet for approval. ( 1 0 ) Upon approval of the Development Plan it shall be called the "Approved Development Plan" and shall be used by the Authority and all departments or agencies of Government as a policy guide and for the preparation of ancillary plans for development and development control. ( 1 1) The Approved Development Plan shall be available for inspection by the public at the office of the Authority during normal office hours. 7. The Minister shall appoint a Town and Country Planner for the purposes of this Act. Country Planner. 8. ( 1 ) Subject to subsection no person ( a ) develop any land or building except under and in accordance with the terms of development permis sion granted for the purpose by the Authority; or ( 6 ) subdivide any land except under and in accord ance with the terms of development permission granted by the Authority; and it shall be the policy of the Govern ment to withhold the provision of improvements and services until such permission is granted; or (c) without the approval of the Authority display any advertisement on any external part of a building or on a hoarding on any land. ( 2 ) The provisions of subsection ( 1 ) shall not apply to any development specified in the Schedule. (3) If any person develops any land o r building or displays any advertisement in contravention of the provi sions of this Act, the owner of the land and every person who in any way engages himself in such development or Authority (b) (2), shall Appointment of Town and Permission to develop land. LAWS OF ANTIGUA AND BARBUDA 10 CAP. 234) Land Adjudication readjusted by him, which the Demarcation Officer is unable to resolve; or (b) there are two or more claimants to any interest in land and the Recording Officer is unable to effect agreement between them, the Demarcation Officer or the Recording Officer as the case may be shall refer the matter to the Adjudication Officer. (2) The Adjudication Officer shall adjudicate upon and determine any dispute referred to him under subsection having due regard to any law which may be applicable, and shall make and sign a record of the proceedings: Provided that nothing in this section shall empower the Adjudication Officer to vary any interest in land registered under the Title by Registration Act. PART IV Principles of Adjudication and Preparation of Adjudication Record Principles 16. In preparing the adjudication adjudication etc. (a) if the Recording Officer is satisfied that a person (i) is in open and peaceable possession of a parcel of land other than a parcel which is Crown Land and has been in such possession, by himself or his predecessors in title, for an uninterrupted period of twelve years or more; or (ii) has a good documentary title to the parcel and that no other person has acquired or is in course of acquiring a title thereto under any law relating to prescription or limitation, and that he would succeed in maintaining and defending such possession or title against any other person claiming the land or any part thereof, the Recording Officer shall record that person as the owner of the parcel and declare his title to be absolute; (1 ), of (1) record LAWS OF ANTIGUA AND BARBUDA Land Adjudication (CAP. 234 11 if the Recording Officer is satisfied that any land is entirely free from private rights, or that the rights existing in or over it do not amount to full ownership and are not such as to enable him to proceed under paragraph of this subsection, he shall record the land as Crown Land; (c) if the Recording Officer is satisfied that any land is subject to any right which is registrable as a lease, charge, easement, profit or restrictive agreement under the Registered Land Act he shall record such particulars as shall enable the right and the name of the person entitled to the benefit thereof to be registered, and if such right is registered under the Title by Registration Act, he shall record such particulars as appear in the register; (d) if the Recording Officer is satisfied that a per son is in possession of or has a right to a parcel but is not satisfied that such person is entitled to be recorded under paragraph (a) of this subsection as the owner of the parcel with absolute title, the Recording Officer may nevertheless record that person as the owner of the parcel and declare his title to be provisional and shall (i) the date on which the possession of that per son shall be considered to have begun; (ii) particulars of any deed, instrument or other document by virtue of which some estate, right or interest adverse to or in derogation of the title of that person might exist; or (iii) any other qualification which affects the title. (2) For the purpose of this (a) a person is deemed to be in possession of land if he does not acknowledge the title of any other person to that land and by himself, his agent, tenant or ser vant, has the use of the land to the exclusion of the public; "good documentary title" means a title registered under the Title by Registration Act, or a title evidenced by documents which establishes that a per son is entitled to land in fee simple and commencing (b) ( a) record section (b) LAWS OF ANTIGUA AND BARBUDA 12 CAP. 235) Land Development and Control (2) In making their decision the Authority shall be bound to take full account of the Approved Development Plan. Application for approval in (1) An application may be made for approval in principle. principle. (2) If any person who proposes to carry out any develop ment wishes to have it determined whether what he proposes would constitute development of the land or a building, and if so, whether an application for permission to develop in respect thereof is required under this Act, he may, either as part of an application for permission to develop, or without any such application, apply to the Authority to determine the question. (3) The provisions of section 13 shall apply in relation to an application under this section, and to the determina tion thereof, as they apply in relation to applications for the grant of permission for development and to the determina tion of such an application. (1) The Authority may, after consideration of the application. application, grant permission as to the whole or any part of the application (hereinafter called "development permis sion") or without conditions or time may permission. (2) If after consideration of the application and examina tion of the plans, if any, the Authority considers it desirable to do so, it may refer back the application and the plans to the applicant for amendment thereof or may require the applicant to appear before the Authority to justify or clarify any point of the application or plans which the considers necessary. Reasons for refusal to be If the Authority after due consideration of the given. application and of plans, if any, refuses permission to the applicant or grants the development permission subject to conditions or limitations it shall at the same time give the applicant in writing its reason for so refusing, or for imposing conditions or limitations. 10. Determination of 11. . . with limitations or refuse Authority 12. tl).e LAWS OF ANTIGUA AND BARBUDA Land Development and Control (CAP. 235 13 13. ( 1 ) Upon refusal of the Authority to grant mission or on the Authority granting development permis sion subject to conditions or limitations, the applicant may, within three months after such refusal has been received by him appeal against such refusal, conditions or limitations to the Minister, setting out the grounds upon which the appeal is made. ( 2 ) Every appeal to the Minister under subsection ( 1 ) shall be referred by him to the Appeals Tribunal established under section 14, for the purpose of hearing and determin ing the appeal. (3) The determination of the Tribunal on any appeal referred to it shall be conveyed to the Minister in writing and the Minister shall inform the applicant and the Authority accordingly. 14. ( 1 ) The Appeals Tribunal shall be appointed the Minister and shall consist (a) a Chairman, who shall be a legal practitioner; ( b ) a Town and Country Planner other than the one appointed under section 7 or a construction engineer or architect; ( c ) one other member. ( 2 ) The appointments to the Appeals Tribunal shall be for a period not exceeding two years and upon expiry the persons appointed shall be eligible for re-appointment. (3) Notwithstanding subsection the Minister may revoke any appointment at any time. ( 4 ) In hearing and determining any appeal, the Tribunal shall regulate its own proceedings and shall have the power to receive or invite such evidence, including pro fessional opinions, as it deems necessary. 15. ( 1 ) Unless the Authority gives its decision on an application within a period of three months from the receipt of the application or such extended period as may be agreed of (2), per- Appeal. by Appeals Tribunal. 0--Srefulal of appUcadon,. LAWS OF ANTIGUA AND BARBUDA 14 CAP. 235) Land and Control in writing between an applicant and the Authority, the application will be deemed to have been refused. (2) Where there is a deemed refusal under subsection (1) the applicant shall have the right of appeal provided by section Lapse of development permission. 16. In the event of a development not having been, in the opinion of the Authority substantially commenced or an advertisement not having been displayed within the period of two years from the date of granting development permis sion or within such other period as the Authority may allow, the development permission shall lapse and no such develop ment may take place until a further application has been under section 9 or 10 and development permission granted under section 11. Modification of existing 17. Where development plans are formulated under, legislation. or development permission is given in accordance with, this Act and such development plans or permission are inconsis tent with the provisions of any other legislation then such other legislation shall be read and construed with such modifications and adaptations as are necessary to bring it into conformity with this Act. Register to be kept. 18. The Authority shall keep a register of all develop ment applications, decisions, appeals, appeals decisions and other relevant information thereto which shall be open for inspection at the office of the Authority during normal work' ing hours, and the maps and plans accompanying an application shall likewise be open for inspection at the office of the Authority.. Employees. 19. (1) There shall be provided to the Authority, such employees as are necessary for the purpose of carrying out planning studies, surveys, technical reviews, inspections and any other duties directed by the Authority. (2) Every member of the Authority, and every employee, when engaged in the inspection of private pro perty shall, upon request produce his letter of appointment as member, or employment identity card as employee, of the Authority to the occupier or person in charge of such property. Development 13(1 ). made LAWS OF ANTIGUA AND BARBUDA Land Development and Control (CAP. 235 15 (3) Every member of the Authority, and every employee, in the performance of his duties under this Act shall have the power to enter (together with such assistant or he may deem necessary) at all reasonable times, any premises or land, and to carry out thereon such examination or enquiring as may be necessary. (4) Any person who wilfully hinders or assaults any member or employee of the Authority in the performance of his duties under this Act shall be guilty of an offence and liable on summary conviction to a fine of four hundred dollars or to imprisonment for one month. 20. Any expenditure incurred by the Authority shall be a charge on and shall be paid out of the-public revenue on the authority of Parliament. No compensation shall be payable by Govern compensation. ment or by the Authority in consequence of any decision or order given by the Authority, the Minister or the Appeals Tribunal pursuant to any development plan, development permission or regulation made under this Act. (1) If it appears to the Authority that the amenity, health or safety of any area within Antigua and Barbuda is seriously injured by reason of the condition of any land or building, garden or vacant site or the condition, waste, neglect of vehicles or scrap in the occupation of land or a road, then it may serve on the owner or occupier of the land a notice requiring such steps for abating the injury as may be so specified. (2) The service of a notice under subsection (1) shall be deemed to be the service of an enforcement notice and the provisions of section to (11) inclusive shall be applicable hereto. 23. The Minister may make regulations for the bet ter carrying out of the purposes of this Act and, without pre judice to the generality of the foregoing, such regulations may (a) prescribe all matters which are required or mitted to be prescribed; workman-as 21. 22. 8(5) per, Expenditure a charge on public revenue. Exclusion of Derelict land, buildings and vehicles. Reguladou. LAWS OF ANTIGUA AND BARBUDA 16 CAP. 235) Land Development and Control ( 6 ) provide for the imposition by a court, (i) a fine not exceeding one thousand dollars; or a term of imprisonment not exceeding three months, for any breach of the regulations. Act binding on the Crown. 24. This Act shall bind the Crown. Service of notices. 25. (1) Subject to the provisions of this section, any notice or other document required or authorised to be served or given under this Act, or under any regulation, order, direc tion, or instrument in writing under this Act, may be served or given ( a ) by delivering it to the person on whom it is to be served or to whom it is to be given; by leaving it at the usual or last known place of abode of that person, or, in the case in which an address for service has been furnished by that person, at that address; (c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode, or, in any case in which an address for ser vice has been furnished by that person, at that address; or in the case of a body corporate by delivering it to the secretary or clerk of the body corporate at its registered or principal office, or sending it in a prepaid registered letter addressed to the secretary or clerk of the body corporate at that office. (2) Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascer tained after reasonable inquiry, or where the notice or any document is required or authorised to be served on any per son as an occupier of premises the notice shall be deemed to be duly served of (ii) either (b) (d) if LAWS OF ANTIGUA AND BARBUDA Land Development and Control (CAP. 235 17 (a) being addressed to him either by name, or by the description of "the owner" or "the occupier", as the case may be, of the premises (describing them) it is delivered or sent in the manner prescribed by paragraph (a), or (c) of subsection (1); or ( b ) being addressed as aforesaid and marked in such a manner that it is plainly identifiable as a com munication of importance, it is sent in a prepaid registered letter to the premises and is not returned to the Authority sending it, or is delivered to some person on those premises or is affixed conspicuously to some object on those premises. (3) Where the notice or other document is required to be served on or given to all persons having interests in, or being occupiers of, premises comprised in any land, and it appears that any part of that land is unoccupied, the notice shall be deemed to be duly served on all persons having in terests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has furnished an address for the service of the notice on him) if it is ad dressed to "the owners and any occupiers" of that part of the land (describing it), and is affixed conspicuously to some object on the land. 26. (1) Any owner or occupier who fails to comply with the terms specified in any notice under this Act within the prescribed period shall be guilty of an offence and liable on summary conviction to a fine of two thousand dollars or to imprisonment for six months. (2) Every person who, having been convicted under subsection (1) of failing to comply with the terms of a notice, fails within any further period specified by the Authority in a notice served on him, to comply with the requirements of that notice shall be guilty of a further offence and liable for each day during which the offence continues to a fine of one hundred dollars or to imprisonment for one month. (b) Non-compliance. LAWS OF ANTIGUA AND BARBUDA 18 C A P . 235) Land Development and Control SCHEDULE (section 8 (2)) Development for which development permission is unnecessary 1. The development of land for agricultural or forestry purposes, including the construction of buildings, structures and facilities directly related to such use. 2. The maintenance, alteration or improvement of any building or structure which does not adversely affect the safety or health of any occupier thereof and which does not involve any major structural change or material change of external appearance or any addition thereto. 3. The erection of any garden hut or similar structure not used for human habitation, but not including a garage. 4. The erection or installation of any tent, trailer, van or other moveable building. 5. The construction of pathways or walks or gates, walls or fences not exceeding a height of six feet. 6. The development of existing buildings, on land within the curtilage of any dwelling house, for any purpose incidental to the enjoyment of occupancy of such building.