Town and Country Planning Ordinance

Tuwn mui Country l'l,mning. (GAP. 278 CHAPTER 273. TO\\".t'\ AND COL\TRY PLAt-,;NlNG. (9th April, 1948.) PART I. Preliminary. 4/1948 13/1950 ]. This Ordinance m:1:• hf' ritf'd as the Town and Country Short title. Pianning 01c!inancc. 2. In this Ordinance- Interpretation. "Centrnl Authority" means the. Central Housing and Planning Authority established under the provisions of the Slum Clearance and Housing Ordinance; Cap. 277· "building'' includes any erection of ,vhatever material and in whatc\·er manner constructed or any part of a building and witere the context so permits, indw.lt5 the land on, in or under which the building is situate; "building operations" includes any road works, preliminary 1;11 incidental to the erection of buildings; "de\·dopment" in relation to any land includes any building or rc-buil.ding operations and any use of the land or any h,1ildi11qs thereon for ·~ .. pnrpc\sP whkh is different from the purpose for which the land or building was bst being useci: •·, ,1,:i11;, lmildim•" rnc:ws a buildin2 erected or con,11uctcd h:fuic the ni.Hcri:il d.tte; "fence" includes ;rn\· hoarclitJg or p:,::ng used as such, ::rncl a!so banks :rnd walls; .. hedge" includes any tree or sliru ~' forming a p.1rt of a hdgc; "]1ili'',<'" nw:ms ;1 .)lld['.r nf the Sur11Tlllf' Court nf the \\' ind ward 1'L111ds :rnd Len, a rel Islands sining in Chambers, and ia the case cf .:cny matter wid1in the CAP. 278) Tuwn and Country !'Lanning. jurisdiction of a Magistrate's Court, includes a Magis trate; "Jami" includes land covered with water and also includes incorporeal a~ well as corporeal hereditamcnts o[ every tenure or description, and any interest therein, and also an undivided share of Janel; "Local Authority'' means any Authority which the Admini strator in Council shall by order published in the Gazette declare to be a Local Authoritv for the pur poses of this Ordinance, and within the area and to the extent specified in such order; "material elate" means in relation to any provision contained in ,, scheme, other th;in a supplementary scheme or varying scheme, the date on which the resolution to prepare or adopt a scheme took effect, or such later date as may be fixed by the scheme, either generally or for the purposes of any particular provision thereof; and in relation to any provision contained in a supple mentarv scheme or a varying scheme, means the date on which such scheme or order came into operation, or such later date as may be fixed by the scheme or order, either generally or for the purposes of a parti cular provision thereof: Provided that where any provision of a scheme or order is revoked bv a sub sequent scheme or order which contains the !Same provision or a prm·ision substantially to the same effect, the material date in relation to that later provision shall be the date which, if the earlier pruvi:siua haJ continued in operation, would have· been the material date in relation thereto; "111incrnb"' includes nll nuncrals and substctnccs in or under land of a kind ordinarily worked for removal by underground or rnrface workin?,"; "owner" in rrlation to any building or land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the right of owner• ship of the buildi11g or land, whether in possession or reversion, and includes also a person holding or en• titled to the rents and profits of the building or land pndcr a lease or agreement the unexpired term where of exceeds three years; "road" means any road whether public or private and in Town and Country !'fanning. (CAP. 278 eludes any ~lJCct. ~quarr, court, alley, lane, bridge, foolw,,y, t1a11·, IJridlc p,nh, pa.55agc, or highway, wlwthcr a thorm1ghfare or not; "scheme" mr;:ms a ,rhcrnc under this Ordinance and in cludes :t town planning schen1e, a regional scheme, a supplementary sd,rmc and a scheme varying or revok ing an existing 1;chcmc; "site" in rc·lation tr> a buildin[{ include.5 the area of any o/Iices, out-buildings, yard, comt or garden occupied or intended to be occupied therewith. :3. The duty of carrying out the provisions of this Ordin ance including the due execution and enforcement of any scheme in accordance therewith, shall (subject to the limitations and eondition.s hereinafter contained) be vc:itcd in the Central Hou.s ing ancl Planning Authority of the Colony (in this Ordinance referred to as the Central Authority) established under the Slum Clearance and Hou.sing Ordinance, and the provisions of sec tions 4 to 7 inclusiw of that Ordinance shall mutatis mutandis . have effect as if they formed part of this Ordinance. PART IL-PREPARATION AND APPROVAL OF ScIIE11rns. 4. (1) The Ct>ntral A11thority with thr approval of the Administrator in Council may make regulations for regulating generally the procedure to be followed in connection with the preparation and the adoption of schemes and the several matters and things mentioned in the First Schedule. (2) Regulations made under this section shall have no force or effect until they have been approved by the Legislative Coun cil. ;). to ( 1) The Central Authority may by resolution decide (a) prepare a scheme ,vith respect to the Colony as a whole; or (b) prqnre a sdlt'me with rr.sprrt to any land within the area specified in tl1e resolution; or (c) adopt, with or without variations, a scheme pro posed bv all or any of the owners of any such land; or (d') adopt, with or without variations, a scheme pro Planning Authority. Cap. 277. 2469 Regulation as to procedure and in relation to matters in First Schedule. Preparation or adnptinn of ~chcmcs. App10val u! schemes by the Administrator in Council. CAP. 278) Town and Country f,lanning. posed hy a Local Authority or by one or mor·c Local Authorities acting jointly. ('2) Notice of resolution shall be published within the pre scribed time in the Gazrtte and in at least one local newspaper at least ouce in each of two succc.55ive weeks, and such rc.,olution shall take effect from the date on which it was first published in the Gaulle. (3) Where a resolution under this section has taken effect, the Central Authority may prepare one scheme for dealing with the area to which the resolution applies or if they think fit pre p:ire different schemes for dealing with different parts of the area. (j (l) When the Central Authority have decided to pre pare or adopt a scherm:, the Central Authority shall with all con venient speed make a draft scheme and submit the same to the Administrator in Council for approval. (2) Tl1c Administrator in Council may either (a) approve of such scheme with or without modifi . cation; (b) require such scheme to be modified; or (c) require a new scheme to be made and submitted to him. (3) When the Administrator in Council requires a scheme submitted to him to be modified the Central Authority shall modify such scheme accordingly and re-submit such scheme as so modified to the Administrator in Council, and thereupon subsection (2) shall apply as if such scheme were then being submitted to the Administrator in Council for the first time. (-t) \\'hen the Administrator in Council requires a new scheme Lo be made and submilted to him the Central Authority shall make with all convenient speed a new scheme accordingly and submit such scheme to the Administralor in Council for approval, and thereupon subsection (2) shall apply as if such submission were the first submission of an original scheme. (5) When the Administrator in Council approvc.s a scheme under this section, the Central Authority shall cause copies of such scheme to be made a\·ailable for public inspection at the prescribed times and places, and shall within the prescribed time Town and Country !'Lunning. (CAP. 278 cause to be published in the Gazette and in such other manner as they may think fit, notir:c of such approval. (6) A sd1cmc whrn approved by the Administrator in Council under this section and published in the Gazette shall have full force and effect as from the date of such publication. 7. (1) The Cl.:ntral Authority may at any time apply to the Administrator in Council for the revocation or modification of a scheme which has been approved under the preceding sec tion on the following grounds, that is to say (a) on account of the amount of the compensation which has been awarded or is likely to be awarded in res pect of provisions contained in the scheme; (b) on account of practical difficulties in the execution or enforcement of such scheme; (c) on account of events which have occurred since the making of such scheme. (2) When an application has been made under subsection ( 1 ), the Administrator in Council may either revoke or modify such scheme or refuse the application. (3) Whenever a scheme is revoked or modified, the pro visions of this Part shall apply in respect of such revoking or modifying scheme in like manner as they apply to the schemes mentioned in the said Part. 8. (1) In any case where a regional scheme is in opera tion, the Central Authority may by resolution decide to prepare a scheme with respect to any land to which the regional scheme applies, or to adopt with or without modifications, a scheme proposed by all or any of the owners of any such land. (2) A scheme prepared or adopted under subsection ( 1) (in this Ordinance referred to as a "suppkmenta.rv scheme'') shall incorporate, with or without modifications, all such pro visions of the regional scheme as rdate to the area to which the supplementary scheme applies a11d ,u t: not inconsi~tcnt with the provisions thereof, and may include such additional pro visions as appear to be necessary or desirable. (3) A resolution lO prepare or actopt a ~uppkmr:ntaz-y scheme shall not afTcct the operation of the regional scheme, but as from the date on which the supplementary scheme comes into 2-.+7 L Hr,\'ncatmn or modification of scheme at request of ( :entral Authority. Supplementary schemes for areas cornorised in regional 3-chcn1c:,. 2-1-7:2 Local Authority ,.jf~,;Lnl l.,y scheme. Establishment and mainten ance uf n::gi:ilc:r. Obligation to give information to Central Authority. CAP. 278) Town and Country l'lanning. operation it shall, so far :is respects the area to which it applies, be substituted for the regional scheme. !). (!) In any case where a scheme is wholly or in part within the area of a Local Authority, the Central Authority shall before submitting the draft scheme to the Administrator in Council for approval, furnish particulars and a copy of the scheme to the Local Authority for their consideration and rep resentations. (2) If the Local Authority desire to make any objections or representations in respect of the said scheme, they shall within the prescribed time and manner, submit the same to the Central Authority. (3) The Central Authority shall comidcr any objection;; or representations received by them in pursuance of this section, and shall give full opportunity for such Local Authority to be heard by the Central Authority, and in submitting- the scheme to the Administrator in Council for approval shall forward copie.s of all such objections or representations which have not been met or withdrawn. Thereupon the provisions of section 6 shall apply. 10. Every-scheme shall provide for the establishment and maintenance of a register (in this Ordinance referred to as "the register") of all such things as are required by this Ordinance to be entered in the register in relation to or for the purposes of such scheme, and shall also provide for the keeping of such register open to public inspection free of charge in a convenient place at all reasonable times. 11. (1) TI1e Central Authority may, for any purpose arising in relation to the making, enforcement, or carrying out of a scheme, by notice in writing, require the owner or occupier of any land or buildi{g in the area to which such scheme relates or is intcncled to relate or any person receiving, whether for himself or for another, rent out of any such land or building to state in writing and deliver or fonvard by registered post to the Central Authority within a specified time not le-Sil than twenty-eight days after being so required, particulars of the estate, interest or right by virtue of which he owns or occupies such land or building or receives such rent (as the case may be), and the name and address, and the estate, interest, or right (so far as they arc known to him) of every person who to his knowledge Town and Country I'lmwing. (CAP. 278 ha.1 any estate or intcrc:,t in 01· ri,i;ht over or in rc:spcct of ;such land or building. (2) Every person required lo make and deliver a statement under thi:1 ~cui,J11 wlnJ :il1<tll wilfully m<th.c auv fi:ibe :ilulemcul or neglect or refuse to make a statement, shall be liable, o~ summary conviction, to a fine not exceeding one hundred dollars. J 2. (1) The Central Authority may at any time cause the whole or any part of any land to be entered upon, examined and surveyed and the circumstances and requirements thereof to be investigated for the purpose of deciding whether a scheme should not be made in respect of any such land or any part thereof and of making such scheme if decided upon. (L) Any person authorized in that behalf in writing by the Central Authority may, for the pw po~e of any entry, examina tion, survey, or investigation which the Central Authority are authorized by this section to cause to be made, and on produc tion of such \\Titten authority, enter and there do any thing which such person shall reasonably consider to be necessary for the said purpose : Provided that no person shall enter into any building or into or upon any enclosed yard, court or garden attached to any dwelling-house, unless with the consent of the occupier thereof, without previously giving such occupier at least twenty-four hours' notice of his intention so to do. (3) Every person who wilfully obstructs or interferes with any other person in the exercise by such other person of any power vested in him by virtue of this section shall be liable, on summary com·iction, to a fine not exceeding one hundred dollars. PART III.-INTERIM DEVELOPMENT OF LAND. 13. (1; Whm tbc Ci:-ntral Authority have passed a resolu tion for the making of a scheme the Central .Authority may, at any time after passing such resolution and before such scheme cmut::; illlo opcnition, do all or any of the following things, that is to say (a) grant to any person applying tl1erefor permission in \\Titing to develop land, constn1ct, demolish, altf'r, f'xtend, repair, or renew a particular building in the area to which such scheme is proposed to relate; 2473 Powers of entry, examination and survey for preparation of scheme. Interim development. Appeal to Judge in relation to permission or pml,ibitio11. CAP. 278) Town and Country Planning. (b) prohibit the further proccccling with the develop ment of lancl or construction, demolition, alteration, exten sion, repair, or renewal of any particular builcling situate in the said area, stating in writing their reasons for such pro hibition. (2) The Central Authority may attach to a permission grantccl under this section such conditions as they think proper. (3) A prohibition made by the Central Authority may either prohibit absolutely the further proceeding with the work to which such prohibition relates or prohibit the further proceeding with such work otherwise than under and in accordance with conditions specified in such prohibition. (4) When the Central Authority have passed a resolution for the making of a scheme and have, before such scheme comes into operation, made a prohibition in relation to any work or other opcrntion a~ provided for iu thi:s ~cctiuu the AJmiui:;tralur in Council may, if he is of the opinion that the prejudicial effect of proceeding with or doing the work or other operation to which such prohibition relates would be of such a nature as to be in capable of being remedied, or to involve excessive expenditure of public money, after the corning into operation of such scheme, declare, at any time before such scheme comes into operation, rhat any comravemion of such prohibition before such coming into operation shall be unlawful. (, (5) Every person who proceeds with or does any work which is a contravention of a prohibition and is by virtue of a declara tion under this section an unlawful contravention of such pro hibition shall be liable, on summary conviction, to a fine not C'l.cccdi111, lwv l1u11J,cJ auJ fifty Julla1c, tugctl1ci with, in the case of a continuing offence, a further fine not exceeding twenty five dollars for nery day during which the ofience is continued. 14. (1) Any person aggrieved by the grant or the refusal by the Central Authority of a permission or by the making of a prohibition by the Central Authority under this Part may within twenty-eight days from the date on which he received notice of tJ1e decision of the Central Authority appeal to a Judge by notice in writing in which he shall set forth the grounds of his appeal. The Judge 5hall rnu5e the appellant and the Ccntrnl Authority to appear before him, and it shall be lawful for him to hear and determine the matters in dispute in a stmm1ary T uwn and Country Planning. (CAP. 278 manner; and for that purpose to exa11111w sud1 partirs nr any of them and their witnc~:,c:;. ( 2) The Judge may dismiss or allow the appeal either un conditionally, or subjcrt to such conditions as he thinks proper to impose and allow such costs as he may think fit. (3) \Vl1erc on an appeal under this section against the making of a prohilJition, such prohibition is revoked by the Judge, or is confirmed by the J ucige with new conditions in serted therein or with amendments of the conditions contained therein, the Judge may, if he thinks proper, as part of his deter mination of the matters the subject of such appeal, direct the Central Authority to pay to the person by whom such an appeal was brought such sum as the Judge shall think proper to specify br WRv of compensation for loss suffered by such person by reru:on of such prohibition during the period bet wren I he making of such prohibition and the determination of such appeal. (4) ] he determination by the Judge of an appeal under this section shall be final and, in so far as it directs the Central Authority to do any act or thing, shall be complied with by the Central Authority. (5) In this section "Judge" does not include a l\fagistrate. 15. When the Central Authority have passed a resolution for the making of a scheme, before such scheme comes into operation the Administrator with the prior approval of the Legis lative Council may by order published in the Gazotlo suspend the operation of any law relating to development, (including road construction, building operations, or sanitation), where it" is expedient in order to promote the development permitted in the area to which the scheme relates. l(i. (1) '\'hcnevcr a condition is attached to or inserted in a permission or a prohiuiLion and the \·ahw of any property is reduced by the due and proper performance or observance of such condition, the provisions of this Ordinance in rcbtion to compensntion parnble b)' the Central Authority shall apply. Upon the coming into operation of the scheme in connection with which such permission or prohibition was granted or made, the compensation payable shall be as if such reduction in value had bcrn occasiorn·d by a restriction on the user of such propcrt)' affected by a provision contained in such scheme. Power to suspend operation of laws. Compensation for compliance with condition. 1/ 21,G Colltenrs of schemes. Se.cm,d Schedu,e. Assignment of du tie, ta l.oc• I Autllorit)', CAP. 278) Town and Cou11lry Planning. (2) Subsection (1) shall not apply or have effect where the condition referred to in that subsection is of such nature that if the scheme referred to in the said subsection had been in opera tion when such condition was imposed, such condition could h,1vc bcc11 e!lfunxd i.Jy d p1vvi:,iva i11 ~uLli sd1u11c and no con1 pcnsation would be payable under this Ordinance on account of or arLSing from the coming into operation of such provision. PART IV.-CONTENTS AND EFFECTS OF SCHEMES. 17. (1) Every scheme shall specify and define clearly the area to ,vhich it relates. (2) Every scheme shall contain such provisions as are neces sary or expedient for prohibiting or regulathg the development of land in the area to which the scheme applies, and generally for carrying uul ,my uf tln: objcct:s fo, which the .scheme is made, and in particular for dealing with any of the matters mentioned in the Second Schedule. (3) A scheme may provide for the pooling and re-distribu tion of lands, or for re-adjustment of the boundaries and areas of any such lands : Provided howe\'er that such lands are noc already built upon, or if already built upon, the inclusion of such lands is expedient to the scheme ; Provided further tl1at in the event of a:1y owner not agreeing to the pooling and re-distribution of his land, or to the re-adjust ment of the boundaries and areas of his land, tl1e Administrator m.:.y D-cquire such bnd nr :my part therrof as is necessary for carrying out such scheme. (4) Any Jaw relating to development, road construction, building operattons or sanitation inconsi.stent with the provisions of a scheme or the application of which would tend to hinder the carrying out of the scheme shall not apply to the area to which the scheme relates. 18. The Central Authority may, with the approval of the Administrator in Council, come to an agreemeut with a Local Authority so named in a scheme and in consequence thereof Town and Country Planning. (CAP. 278 assit;n to such Local Authority duties and functions in relation to the cufun,x1rn.:nt a11d carrying out of such scheme. U). (1) From and after the date of the first publication in the Gaulle of a resolution embodying the decision of the Central Authority to prepare or adopt a scheme the Local Authority of the area to which the rcsolution relates, shall submit all 'applica tions and proposals for development within that area to the Central Authority for their permission or prohibition as the case may be. (2) The Local Authority referred to in subsection (1) shall notify the applicant of the decision of the Central Authority as soon as practicable aftn the receipt thereof. (3) A11y dcvdvpwrnt which tlic Locul Autho1ity it.5clf pro poses to carry out within such area shall not be commenced until the permission of the Central Authority has been obtained. (4) Any applic:uion for development received by a Local Authority under auy other Ordinance shall be deemed to be an application under this section. 20. (1) Subject to the provisions of this section, the Cen tral Authority may at any time (a) remove, pull down or alter, so as to bring into con formity with the provisions of the scheme, any building or other work which docs not conform to those provisions, or the removal, demolition or alteration of which is necessary for carrying the scheme into effect, or in the erection or carrying out of which any provision of the scheme has not been complied with; or (b) where any building or land is being used in such ;-, manner as to n•ntravene any provision of the scheme, prohibit it from being so used; or (c) where any land has since the material date been put to any use which contravenes any provision of the scheme, reinstate the land; or (d) execute any work which it is the duty of any person to execute under the scheme in any case where dday in the execution of the work has occurred and the efficient operation of the scheme has bet>n or will hr. tht>reby preju diced. 2-177 Submission of a.~vlicat.km.,. etc. to the Central Authority after the material date. Power to enforce and carry into effect schemes. t1 CAP. 278) Town and Cov.nlry J>lannrng. (2) Bdorc tnhing an:,r action under this section the Central Authoritv shall serve a notice on the owner an<l on the occupier of the ln;ilding or land in respect of which the action is proposed to be taken and on any other person who, in 1heir opinion, may l:w affected thereby, specifying the nature of the action and the grounds upon which they prop(;Sc to take that action. (1) The d;i1c sr;itnl in n notir:t' Sf'rvcd 1mdcr thi" sf'rJion as the date on or after which the intended exercise of the power therein mentioned is intended to be bq,>1m shall be. not less than three months ,vhcn any building is affected and· in any other event not Jess than one month after the service of such notice and the Central .Authority shall not do any act or thing in exercise of such power in relation to the building or land 1~1entioncd in the nolice before the said date. (4) If any person served with such a notice as aforesaid considers the period fixed by such notice to be insufiicient or dc.,in:s to dispute any allegation or matter contained therein, he may within twrnty-eight days from the date on which he re ceived such notice appeai to a Judge Ly notice in writing in which he shall set forth the zrounds of his app<'al. The Judge shall cause the appellant and the Cmlral Authority to appear before him, and he may l1ear and determine the matters in dispute in a summary manner; and for that purpose to examine such partic, or any of them and their witnc..<:..ses. (5) If on any such appeal tl1e Judge is satisfied that the Central Authority are entitled to take tl1e proposed action on the grounds specified in the notice, he shall disrniss the appeal and shall by h.is order empower the Central Authority, after the ex• piration of such period ns he may decide, to remove, pull down., or altc, tlic Luih.liJJ~ ur 1rnrk, or 1cinstate Lhc J;md or G'\ecuce rhc required ,vork, or, ;,, the ca,s~ may be, ,;hail by his order prohibit the building or land from being used in contravention of the sdierne after the pcrioJ afore.said, but, if hr: is not so ~atisficd, he shall allow the appeal. The Judge shall iillow such costs as he may tl1ink fit. (6) Every person who uses any buildinc- or bnd in a m:mnrT prohibited under this sectioll, or obstrucis or interferes with th, exercise by the Central Aut11oricy of any power vested in tbClll ~hall in addition to any civil liabilit,· be guif tr of an offence and liablt, on summary comktion, lo a foi<: ~10t exceeding on( 11undrcd dollars. · Tuwn and Country Planning. (CAP. 278 2 l. The Adu1iuistrator, on the recommendation of the Central Authority, may contribute towards the expenses in curred by OWIH'tS of land in or in connection with a scheme which is adopted IJy the Central Authority or in co-operating with them in tl1c p1·cp,u·atiun of <.1 ~dn:1m;. 22. (1) The Central Authority may by an order (in this Ordin,111ce referred to as a "general development order") permit building upcratior1s to proceed, subject to such conditions as may be specified in the order, on any land in respect of which the provisions of a scheme prohibit or restrict building operations pending the coming into operation of a general development order. A general development order may be made with respect to the whole, or some part only, of the land which is subject to the prohibitions or restrictions, and orders may he made from time to time so long as any part of that land remains so subject. (2) A general development order may he revokPrl or varierl by a subsequent general development order made by the Central Authority, but so long and in so far as it continues to be operative shall be de:med to form part of the scheme to which it relates. (3) All general development orders made by the Central Authority shall be submitted to the Administrator in Council for approval and shall on being approved be published in the Gaz.ettc and shall have full force and effect as from the date of such publication. 23. (1) Where the prov1s1ons of a scheme prohibit or restrict building operations on any land pending the coming into operation of a general development order, a person who, before such an order comes into operation with respect to that land. desITes to commence thereon any building operations which would contravene any such temporary prohibition or restriction may, in accordance with such directions, if any, as may be comained in the scheme, apply to the Central Authority for their consent to the carrying out of the operations specified in the application. (2) The Central Authority shall, in deciding any such application, have regard to any injury likely to be caused to the applicant by the refusal of the application, as well as to any pub lie ad\'antage likely to result from the maintenance of the pro hibition or restriction, pending the coming into operation of a general development order, and may if they are satisfied that the Power to contribute towards ex: penses of owners. General development orders. Power to permit building operations. 2480 Acquisition of land to which scherne applies. CAP. 278) Town and Country Planning. r. proposed operations will not contravene any permanent provisions uf the scheme, grant the application unconclitionaliy, or subject to such conditions as they think proper to impose: Provided that they shall not grant an application if they arc satisflcd that ( a) the operatioI15 would involve danger or injury to health by reason of the lack of roads, drainage, sewers, water supply or any public services and that the provision of the necessary services would be premature, or likely to involve excessive expenditure of public money; or (b) the operations would be likely to injure the ameni ties of the locality. (3) Any person aggrieved by the refusal of any sud1 appli cation as aforesaid, or by any conditions imposed by the Central Authority, may appeal therefrom within the time and in the ;manner provided for by section 14. 24. The Administrator may purchase by agreement any land to which a scheme applies, which is required for the purposes of the scheme, and in particular, but without pre judice to the generality of the foregoing words, he may pur chase any such land (a) which is required for carrying out the improvement or controlling the development of frontages to, or of lands abutting on or adjacent to, any road, or any proposed road which is to be constructed wholly or partly at the public expense; or ( b) which is required for securing the satisfactory de velopment of any land in accordance with the provisions uf tl,c :schcrnc in any ca.,c where, by reason of the land being held in plots which are of inconvenient size or shape, or of which the arrangement or alignment is inconvenient, or by rea.5011 of the multiplicity of interests in the land, or by reason of the fact that the land is being used in a manner or for purposes inconsistent with the provisions of the scheme, it does not appear to be reasonably practicable to secure such de\'elopment otherwise than uy puidrn:sc of the land; or (c) which forms the site of a road which has been :itoppcd up under any provision contained in the scheme; or Town and Country l'lanning. (CAP. 278 (cf) which is required for the purpose of providing .tu;ummudation for a person whose premises have been purchased for the purposes of the scheme. 23. Where the Administrator is unablr. to pmc.h;i.,w hy agreement any land which he is authorized to purchase, he may acquire such land in accordance with the provisions of the Land Acquisition Ordi11a11ce. 2G. (1) Any person authorized in that behalf in writing by the Central Authority may, on production of such written authority, enter 011 any land in the area to which a scheme relates and there make such inspection, survey, examination and in vc::;tigation as may be nece.~sary for the purposes of the enforce ment or carrying out of such scheme : Provided that no person shall enter into any building or into or upon any enclosed yard, court or garden attached to any dwelling-house, unless with the consent of the occupier thereof, without previously giving such occupier at least twenty-four hours' notice of his intention so to do. (2) Every person who wilfully obstructs or interferes with any person in the lawful exercise of any power conferred by this section shall be liable, on summary conviction, to a fine not exceeding seventy-five dollars. 27. Any person who wilfully does any act (whether of commission or omission) which is a contravention of a provision contained in a scheme shall be liable, on summary conviction, to a fine not exceeding two hundred and fifty dollars and, in the case of a continuing offence, to a further fine not exceeding twenty-five dollars for every day during which the offence con tinues. PART V.-COMPENSATION A.'>iD BETIER~IE.NT. 28. Subject to the provisions of this Ordinance, any person (a) whose property is injuriously aff ectcd by the coming into operation of any provision contained in a scheme, or by the execution of any work under a scheme, or (b) who for the purpose of complying with any pro 2181 Comp11I.sory acqumt10n. Cap. 284. Powers of entry, etc., for carry ing out a scheme. Penalty for contravention of a scheme. Provisions as to compensation for iniurious affection, etc. '.2.J.82 No compensa tion in certain classes of cases. j CAP. 278) Town and Country Planning. v1s1on contained in a scheme, or in making or resisting a claim under the provisions of this Ordinance relating to compensation and betterment, has incurred expenditure which is rendered abortive by a subsequent revocation or variation of the scheme, shall, if he makes a claim within the time limited for the purpose by this Ordinance, be entitled to recover as compensation from the Central Authority the amount by which his property is decreased in value, or, so far as it was reasonably incurred, the amount of the abortive expenditure, as the case may be. 2D. (l) No compensation shall be payable in respect of any building the erection of which was begun after ~he material date unless such crection wa.~ hF31m 1mdFr an<l in accordance with a permission from the Central Authority. (2) No compensation shall be payable m respect of any of the followini; provisions in an approved scheme, namely, any provision which (a) prescribes the location of buildings, the extent of the yards, gardens and curtilage of buildings; or (b) imposes any sanitary conditions in connection with buildings; or (c) limits the number of buildings or the number of buildings of a specified class which may be constructed, erected on, or made in or under any area; or (rf) prohibit~ or regulates the sub-division of land; or (e) regulates or empowers the Central Authority to regulate the size, height, spacing, construction and materials of buildin gs; or ([) controls, restricts or prohibits the objects which may be affixed to buildings; or (,,') prc-hibit~ 0r re~tricts building operations, only pend ing the coming into operation of a general development order; or (h) prohibits or restricts building operations perman ently on the ground that by reason of the situation or nature of the land the erection of buildings thereon would be likely to involve danger or injury to health, or excessive expendi tun: of public 1noncy in the pro\'ision of r·oads, sewers, water supply or other public services; or Town a1Zd Country Planning. (CAP. 278 (1-J prohibits (otherwise than by way of prohibition of building operations) tile use of land for a purpose likely to involve danger or injury to health, or detriment to the neighbourl1ood, or restricts ( otherwise than by way of restric tion of building operations) the use of land so far as may be necessary for preventing such danger, injury or detriment; or (]') restricts the purposes for and the manner in which buildings may be used or occupied; or reserves or allocates any particular land or all land in any particular area for buildings of a specified class or classes; or (k) in the interests of safety, regulates or empowers the Central Authority to regulate the height and position of proposed walls, fences or hedges near the corners or bends of roads; or (l) limits the number ul prescribes the sites of new roads entering a road or the site of a proposed road; or (m) in the case of land which at no time within the period of two years immediately preceding the material date, was, or formed part of the site of a building, fixes in relation to any road a line beyond which no building in that road or proposed road may project; or (n) in the case of the erection of any building intended to be used for the purposes of business or industry, require:! the provision of accommodation for parking, loading, un loading or fuelling vehicles, with a view to preventing obstruction of traffic on any road; or ( o) prohibits, restricts or controls, either generally or in particular places, the exhibition, whether on the ground, on nny building or ciny tempor,iry erection, or any vPhirlP, boat, or other moveable object (whether on land or on or in water or in the air), of all or any particular forms of adver tisements or other public notices; or (i'!) preven~s, remedies o: removes injury to amenities arising from the · ruinous or neglected condition of any building or by the objectionable or neglected condition of any land attached to a building or abutting on a road or situate in a residential area; or (q) prescribes, in the case of land exceeding ·one aa-e in extent n:.servnl fur the: purpo5c: of being developed as a building area, that a proportion of the land (not exceeding 2-!84 Exclusion or limitation of compensation in certain other cases. CAP.278) Town and Country Planning. five per ccntum thereof) be set aside for open spaces in addition to the area required for roads. (3) Nothing contained in the preceding subsection shall preclude an owner from claiming compensation for loss or injury arising from ( a) being prevented by the operation of a scheme from maintaining a building which was in existence on the material date, or from continuing to use any such building for the purpose for which it was used on the material date, or from making reasotiable alterations in and (in proper cases) reasonable addition.s to any such building; or (b) where a building which was in existence at any time within two years immediately before the material date has been demolished or been destroyed by fire or otherwise, being prevented by the operation of a scheme from erecting, within two years after such demolition or destruction on the site of such demolished or destroyed building a new buikliug whid1 ~ub:;tantially replacc:s ~uch dcmofohcd or destroyed building or from using such new building for the purpose for which such demolished or destroyed building was last used ; or (c) being prohibited or restricted from the winning of· minerals by underground or surface working. 30. (1) No compensation shall be payable under this Ordinance in respect of any property on the ground that it bas bee.n injuriously affected by any provision contained in a scheme, if and in so lar as the same provision or a provision substantially to the same effect, was, at the date when the scheme came into operation, already in force by virtue of any other Ordinance. (2) A person shall not be entitled to recover compcru;atiuu under this Ordinance in respect of any action taken under section 20, e."Xcept in a case where a building which the Central Authority have removed, pulled down or altered, wa.s an c.."Cisting building at the material date. (3) Where any provision contained in a scheme could immediately before the date on which the scheme came into operation have been validly included in a scheme by virtue of any other Ordinance, then (n) if no compensation would have been payable in respect of injury caused by the coming into operation of Town and Country Planning. (CAP. 278 that provision in that other scheme, no compensation shall be payable in respect oI that provision of the scheme under this Ordinance; and (b) if compensation would have been payable, the compensation payable in respect of that provision of the scheme under this Ordinance shall not be greater than the compensation which would have been so payable. (-1-) Where any provision of a scheme is revoked or varied by a subsequent scheme, no compensation shall be payable in respect of any property on the ground that it has been injuriously affected by any provision contained in the subsequent scheme if and in so far as that later provision is the same, or substantially the same, as the earlier provision so revoked or varied; but if at the date when the revocation or variation of that earlier provision becomes operative ( a) there is still outstanding any claim for compensa tion duly made thereunder; or (b) the time originally limited for making such a claim has not expired, any such outstanding claim and any such claim made within the time so limited shall be. entertained and determined, and may be enforced, in the same manner in all respects as if all the provisions of the earlier scheme had continued in operation. 31. (1) Where by the coming into operation of any provi.s1on contained in a scheme, of by the e.'secution of any work under a scheme, any property within the area, to which the scheme applies is increased in value, the Central Authority, if they make a claim for the purpose within three years after the date on which the provision came into operation, or within three years after the completion of the work, as the case may be, recover from any person whose property is so increased in value an amount not exceeding one-half of the am0unt of that increase. (2) Any sum recoverable under this section shall be paid within 30 da.-s after notification of the amount due or by annual instalments o·ver a period of not Jess than twenty years and not more than thirty years as shall be fixed by the Central Authority together with interest at the rate of three per centum per annum chnrgcablc on the nggTego.te o.mount of the instalments for the time being outstanding : Recovery o( bettennent from owners of property increased in value. Making of claims for compensation betterment. CAP. 278) Town and Country Planning. Provided that the person from whom the instalments arc <luc may at any time pay to the Central Authority the whole of any outstanding instalments, together with any interest accruing due thereon to the date of payment. (3) Where any provision of a scheme is revoked or varied by a subst>quem scheme, no property shall be deemed to be increased in value by any provision contained in the subsequent scheme if and in so far as that provision is the same, or sub stantially the same, as a provision contained in the scheme so revoked or varied ; Provided that, if at the date when the revocation or varia• tion of the said scheme becomes operative there is still outstanding any claim in respect of an increase in the value of any property duly made thereunder, or the time originally limited !u1 making such a claim has not expired, any such outstanding claim, and any such claim made within the time so limited, shall be f'.ntr-rtainr:d and determined and may be enforced, in the like manner in all respects as if all the provisions of the earlier scheme had continued in operation. 32. (1) A claim under this Ordinance for compensation or in respect of an increase in the value of any property shall · be made by serving upon the Central Authority or person from whom the amount alleged to be payable is claimed, a notice in writing stating the grounds of the claim and the amount claimed. · (2) Subject to the provisions of this Ordinance a claim under this Ordinance for compensation mav be made within twelve months after the date on which the provision giving rise to the claim came into operation or ,~ithin such longer period id."; may l,c; .:1pccificcl in the :,chcmc, or in respect of expenditure rendered abortive by the revocation or variation of a scheme, v;ithin 1,1.ThT nwnths after tJw darr· on which the action was , . .,; or the: urdcr Carne into n:HT:lt.ion~ or t 11e J"f'\·ocatio~1 or , ;iriation of the .,d1cmc becarnc opcr,itivc. 13) Where it is alleged that bnd which, at or ·within two vcc1rs before the material date, forrned the site of a building, }ias been injuriomlv affected by a provision fixing. in relation ta a1l\' road or prnposed ro;1d, a line bcvo11d ,vhicl1 no lmilcEng ill ·,L;ir road (1r prc-pcn·d ro,HI rna:,· pruject, then, ~1.1l.1jcd to a11y agnTment lO r!H'. cumrary. Llic: }H'J iud witl.1iJ1 n liid1 ,l daim for compensation mav be made in respect of that land shall be a Town and Country Planning. (CAP. 278 period of twelve months alter the date on which a new building is erected on the site m conformity with the line so fixed: Provided lhat, if in the case of any such land a claimant alleges in his claim, and proves to the satisfaction of a J uclge that it j5 nut 11.:.c,uwibly practicable rn erect any new building on that land in conformity with the line so fixed, and, where the building is standing- at the date on which the scheme comes into operation, has bdorc commencing to demolish the building given notice to the Central Authority in accordance with the provisions of subsection (4), a claim made by him at any time within a period of twelve months after the date on which the building is demolished or the date on which the scheme comes into operation, whichever last occurs, shall be deemed to be validly made and shall be entertained by a Judge. (4) A per.sou who intend:; to claim compcma.ti.on in 1i::;:,pcct of any such land as is mentioned in the proviso to subsection (3) shall, if the building is standing at the date on which the scheme comes into operation, not less than three months before he commences to demolish the building, give notice in writing of his intention to the Central Authority, and the Central Authority may, at any time before the expiration of two months from the receipt by them of the notice, require him to sell the site and the buildings thereon, and thereupon the provisions of this Ordinance with respect to the compulsory acquisition of land shall apply in relation to that site and any buildings thereon as they apply in relation to land required for the purposes of a scheme. (5) Where it is alleged that property has been injuriously affected by the execution of any work, the period within which a claim in respect of that injurious affection may be made shall be a period of three years after the completion of the work 33. (1) A scheme may provide that the cost or a portion of the cost of any works to be executed as part of the scheme shall be a special charge upon the property within the whole area or a particular area to the exclusion of the rest of the area to which the scheme applies, and the Central Authority may fix and apportion the amount of the special charge thereon and the persons by whom and times when the same shall be payable. Whenever a scheme provides for a special assessment under subsection (1), no claim shall be made by the Central Authuiity fu1- IJt:tl1:1111c11t ,tgaiw,l ihc: uwm:1:, uf prupnty :,ilu,ttc within the particular area to which the assessment relates. Special a.ssessn1e n t ; recovery of exper!.se5 .. 2487 2-18S Detennination u! l,,;lai1n~ and recovery oI amounts due. Recovery of charge or other sum due to the Central Authority. CAP. 278) Town and Country Planning. to 34. ( 1) Any question arising under this Ordinance as (a) the right of a claimant to recover compensation; or (b) the right of the Central Authority to recover any amount in respect of an increase in the value of any property or by way of a special charge on any property; or (c) the amount and manner of payment of any such recoverable compensation or amount as aforesaid, shall, unless the Central Authority and all persons concerned otherwise agree, be referred to and determined by a Judge by notice in writing. The Judge shall cause the respective parties to appear before him and may hear and determine the claim in a summary manner, and for that purpose to examine the parties or any of them and their witnesses. The determination by a Judge of a claim under this section shall be final and he sliall allow such costs as he may think fit. (2) The Judge charged with the duty of determining any claim as aforesaid ( a) shall have regard to any undertaking which the Central Authority, or the person against whom the claim is made, may have given; and · (b) if the question arises out of the coming into opera tion of a supplementary scheme, shall take into account any amount which the Central Authority have paid or are liable to pay, or have recovered or are entitled to recover, in respect of that property by reason of the coming into operation of the original scheme, or any other scheme; and (c) if any contribution has been made by the Central Authority under the provisions of this Ordinance relating to interim development shall take into account that contri bution. (3) Any amount due to the Central Authority from a person whose property is increased in value may be recovered as a civil debt. 35. Any charge or sum due and payable under section 31 or section 33 shall, after the expiration of three months from the time I.he same became due and payauk, uc n::cuvc.rnbk from the owner of the property as a civil debt. Town cmd Country Planning. (CAP. 278 PART VI-MISCELLANEOUS. 36. Every proceeding instituted against an offender in respect of any offence against any of the provisions of this Ordinance shall be taken in the name and at the instance of the Secretary of the Central Authority. 37. (1) All monies received by the Central Authority by way of betterment, or othenvise, shall be paid into the Treasury for the use of the Colony. (2) All expenses incurred by the Central Authority in the discharge of their functions and all amounts due by them under this Ordinance shall, unless othenvise provided for, be defrayed from the public funds of the Colony. 38. Any amount due to or by the Central Authority for any work done or expenses incurred under the provisions of this Ordinance may be recovered as a civil debt. 39. (1) Where any application is made under this Ordin ance to a Magistrate, the Magistrate may summon the parties to appear before him at a time and place to be named in the summons and upon the appearance of such parties, or in the absence of any of them, upon proof of the due service of the summons, the Magistrate may hear and determine the question at issue and the amount of any compensation, and for that purpose examine such parties or any of them and their witnesses upon oath, and the cost of every such inquiry shall be at his djscretion and he shall settle the an~ount thereof (2) There shall be a right of appeal to a Judge in Chambers from any decision of a Magistrate and the decision of the Judge in Chambers shall be final: Provided the appeal is entered within twenty-eight days of the date of such decision. 40. (1) Any notice, summons, writ or· other proceeding at law or otherwise required to be served on the Central Authority for any of the purposes of this Ordinance may be served upon 248!) Proceedings how instituted. Application of moneys paid by way of betterment, etc. Recovery of a.mount3 due to or by Central Authority. Summary procedure, Service of notices, etc. on Cent=l Authority. Power of public departments, etc. to make agreements in connection with schemes. CAP. 278) Town and Country Planning. them by delivering it to their secretary, or by leaving i t at .their office with some person employed there, or by sending 1t ?Y post in a registered letter addressed to the Central Authonty or their secretary at their office. (2) Subject to rhe provisions of subsection (1) any notice, urckr, or other document required or authorized to be served unckr this Ordinance may be served either (a) br dclivcrin;; it to the person on whom it b to be served; or (b) by leaving it at the usual or last known place of abode of that person; or (c) by sending it in a prepaid letter addressed to that person at his usual or last known place of abode; or (rf) in the case of an incorporated company or body bv delivering it to the secretary or clerk of the comp~ny 0 ;. body at their registered or principal office or sendmg it ii1 a prepaid letter addressed to the secretary or clerk of the company or body at that office; or (e) if it is not practicable after reasonable inquiry to ascertain the name or address of any person on whom it :,J1uuld be served, by addressing it to him by the description of "owner" or "lessee" or "occupier" (or as the case may bc) of the premises (naming tl1em) to which it relates, and by delivering it to some person on the premises or, if there is no person on . the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises. 41. For the purpose of co-operating with t11e Central Authority in the preparation or the cau yiHg imo effect of a scheme, any public department or Local Authority may, subject to the approval of the Administrator in Council, enter into agreements for securing that any land which is unrll'r their controi, or which is in their occupation or ve.,ted in them for public purposes or for the public service, shall, so far as may be provided by any such agreement, be laid out and used in conformity with the genera! objects of the scheme, and any a6rrccment so made may contain such consequential and inci dental provisions, including provisions of a financial character, as appear to be necessary or dcsirahlP having regard to the contents or proposed contents of the scheme. Town and Country Planning. (CAP. 278 SCHEDlJLES. FmsT SCHEDULE. S.4. Matters in Relation to which Regulations shall be made. 1. The <locumcnts and matters (i11cluding maps and plans) which arc to be deposited by the Central Authority; the places in which and time at or within which such documents are to be deposited. 2. The inspection, by persons interested, of documents (including maps and plans) deposited in pursuance of the regula tions. 3. The manner in which, and the times at or within which objections to or representations in respect of a scheme may be made to the Ceutral Authority. 4. The notices to be given by the Central Authority and the time. place, nature, and means by which such notices are to be given and published. 5. Securing co-operation by the Central Authority with owners of property and other persons likely to be affected by the scheme. 6. For securing that Local Authorities who are likely to be affected by a scheme shall, as soon as possible after the passing of a resolution for the preparation of a scheme, receive notice of thP p:'l~ing nf ~urh remlution and shall be furnished by the Central Authority with a copy of the scheme before it is submitted to the Administrator in Council. 7. For enabling the Central Authority to obtain (without charge) information which they require for the purposes of or in connection with the preparation or making or carrying into effect of schemes by inspection of or obtaining copies from assessment rolls, rate books and other similar documents which are not in their custody. 8. For enabling the Central Authority to deal with lands and buildings, the ownership of which is doubtful or uncertain. 249l 2.rn2 CAP. 278) Town and Country Planning. SECOND SCHEDULE, s. 17 (2). Matters to be dealt with by Schemes. PART L ROADS. 1. Providing for the reservation of la?d for roads, the construction of new roads, improvement of ex1stmg roads, establish· ment of public rights of way. 2. Providing for the dosing or diversion of existing roads and public and private rights of way and traces. 3. Restricting and co1:tr?lling the construction of new roads an<l thf'! alteration of ex1stmg roads whether by the Central, Authority or owners. 4. Regulating the line, width, level, constructi o1: and general dimensions and character of roads whether new or f'XJstmg. 5. Enabling the Central Authority to require an owner of land as a condition of his developing such land in any manner (a) to reserve land for such roads as they may think necessary; (b) to construct such roads as they may think necessary, or improve cxi5ting road5; or (c) to contribute to the cost of the construction of new roads or the improvement of e.xisting roads by the Central Authority. 6. Providing for and generally regulating the construction or e.-xecution whether by the Central Authority or by owners of work3 incidental to the making or improvement of any road including the erection of shelters, provision of seats, planting or protecting of grass, trees, and shrubs on or adjoining such road. PART II. Buildings and Other Structures. 1. Regulating and controlling either generally or in parti cular areas, ·all or any of the following matters, that is to say (a) the size, height, spacing and building line of buildings; Town and Country Planning. (CAP. 278 (/J) the objects wliich may be affixed to buildiugs; (c) the location of buildings, the extent of yards, gardens and curtilagc of buildings; (d) the purposes for and the manner in which buildings may be used or occupied including, in the case of dwelling houses, the letting thereof in separate tenements; (e) the prohibition of building operations on any land, or regulating sucli operations. 2. Regulating and controlling or enabling the Central Authority to regulate and control the construction and materials of buildings and fences. 3. Reserving or allocating any particular land or all land in any particular area for buildings of a specified class or classes, or prohibiting or restricting either permanently or temporarily, the making of any buildings or any particular class or classes of buildings on any specified land. 4. Limiting the number of buildings or the number of buildings of a specified class which may be constructed, erected or made on, in or uuder any area. 5. Providing for the removal, nf'molition, or alteration of buildings or works which are inconsistent with, or obstruct the operation of a scheme. 6. Providing tor sanitary conditions. PART III. Community Planning. I, Regulating and controlling the layout of housing areas, including the density, spacing, grouping and orientation of houses in relation to roads, open spar.P.s and other buildings. 2. Regulating and controlling the provision and siting of community facilities, including shops, schools, churches, meeting halls, play centres and recreation grounds, in relation to the number and siting of houses. 2493 CAP. 278) T ow,i and Country Planning. PART IV. Amenities. 1. Providing for the zoning of land in town and country arc-as (whether public or private; whether built on or unbuilt on) reserving it for specific purposes. Such purposes would include agriculture, forestry, industry, commerce, housing and open spaces (including recreation, burial grounds and national parks). 2. Providing for the preservation of views and prospects and of the amenities of places and features of natural beauty or interest. 3. Providing for the preservation of buildings and objects of artistic, architectural, archaeological, or historical interest. 4. Providing for the preservation or protection of forests, woods, trees, shrubs, plams and flowers. 5. Prohibiting, restricting or controlling, either generally or in particular places, the exhibition, whether on the ground, ou any building, or any temporary erection, on any vehicle, boat or other moveable object, whether on land, or on, or in water or in the air, of all or any particular forms of advertisement or other public notices. 6. Pre\'enting, remedying or removing in jury to amenities ari,ing from the ruinou5 or neglected condition of any building or fence, or by the objectionable or neglected condition of any land attached to a building or fence or abutting on a road or situate in a residential area. 7. The prohibition. regulation and control of the deposit or disposal of waste materials and refuse. PART V. Public Sorvices. Facilitating the construction of works by statutory undertakers in relation to lighting, water supply, sewerage, drainage, sewerage disposal and refuse disposal or oclu:r puuli1,; ~en·icc~. Town awl Country Planning. (CAP. 278 PAKT VI. Transport and Communication. 1. Facilitating the establishment, extension or improvement of systems of transport, whether by land, water or air. 2. Allornti11g sites for use in relation to transport and providing for the reservation of land for that purpose. 3. Providing for the establishment, extension, and improve ment of telegraphic or telephonic communication, allocating sites for use in relation to such communication, and providing for the reservation of land for that purpose. PART VII. Jvfisc11llan11ous. 1. Declaring the persons by whom and the manner in which the cost of the execution of works (whether of construction, demoli tion, removal or alteration) in pursuance of the scheme are to be borne. 2. Subject to any regulations made under the provisions of the Ordinance declaring the notices to be served for the purposes of the scheme by the Central Authority and the persons on whom, the manner in which, and the times at or within which such notices are to be served. 3. Subject to the provisions of the Ordinance and the said regulations declaring the manner in which and the times at or within which notice for the purposes of the scheme may be served on the Central Authority by other persons. 4. Providi11g for and regulating tile making of ... grcements for the purpose of a scheme by the Central Authority with owners and other persons and by such persons with one another. 5. Dealing with the use or disposal of land acquired under the provisions of the Ordinance. O, Prohibiting the sub-division of land until a plan showing the sub-division and proposed access to the land has been approved,