Land Development (Control) Act, 1968 (Act No. 40 of 1968)

GRENADA ACT "NO. ~O OF 1968- ,,,. ""'.. N:!I September, /968. i assent, e HILDA BYNOE, Governor. An Act to make provision for the orderly and pro gressive development of land and to preserve and improve the amenities thereof; for the grant of permission to develop land and for other powers of control over the use of land. [ 28th September, 1968 ]. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Grenada, and by the authority of the same, as follows t-s L This Act may be cited as the Short title. LAND DEVELOPMENT (CONTROL) ACT, 1968. 2. In this Act- Interpretation. "Authority" means the Authority established under section 3 of this Act; Act 40 Land Devctopment iControl) 19C Development Control Authority, "bujld~. incllld~s any structure of whateve material and ill whatever manner constructe, or any part of a building, and where the cos text so permits, includes the land on, in or under which tile building is situate; "building Q.PcnltiQllS" includes any road work! ~ .. preuminary or incidental to the erection 0" buildings; "Comptroller" means the Comptroller of Inlana Revenue; "deY~lQnmygJ;," in relation to any Ian . eludes any building or re-building l-' rations and any use of the land or (1'" • buildings thereon for a purpose vi' is different from thl: purpose' for hieh the land or building wall last bei used, or the sub-division of any lam. and "develop" and "developme rposes" shall be construed accordingly; "land" includes land covered with water and a~ i,;cludes incorporeal as well as corpora hereditaments of every tenure or descriptia and any interest therein. and also an undivid share in land; "Minister" means the Minister for the time be' responsible for Planning and Development.' "owner", in relation to any building or Ian means a person, other than a mortgagee noti possession who is for the time being entitle to dispose of the right of ownership of.~ building or land, whether in possession] reversion, and includes also a person hold~ or entitled to the rents and profits oU~ building or Lind under a lease or agreem~ the l.meXPired term whereof exceeds ten Yel' . 3.-(1) There shall be established a Develope Control Authority, hereinafter referred to as " . Authori'ty", consisting of a chairman and not m 1968 Land Development !-(Contro/) Act 40 196 than eight other members and an executive secretary all of whom shall be appointed by the Governor.Ifhe membership of the .Au.tlliliity sh.alLillclud.c thc.chicf te.rnn.ijd1L~~rJk~rs fo.rJhG Jinlc-.-:b~ilJg.jn. cJpme of fhysic'll PJanningJ.uJ.1Lic Works, Health,' Services, A~riculture and Hou~ih~.-. , (2) The Authority shall meet at such times as may be necessary or expedient for the transaction of business, and meetings shall be held at such places and times and such days as the Authority may determine. (3) The Chairman may at any time call a special meeting to be held within seven days of a written requisition for that purpose addressed to him by any two members of the Authority or by the Minister. (4) ",Any four meIJ19~Lt.he...AJ..I..tt..orityinc1ug;. ing the Chairman shall form a guoruIh. . (5) Subject to' the foregoing provisions of this section, the Authority shall have the power to regulate its own proceedings. (6) In the case of an equality of votes on a question at a meeting the Chairman of the meeting shall have a second er casting vote in respect of that question. *(7) The validity of any proceeding 6(' the Authority shall not be affected by any vacancy in its membership orbyany defect in the appointment of any ofitsmembers. ' ~::r-,.(1);l\hef~~~s)lall be paid t? the Accountant Development General-bylthe-vendorof land, which the Comptroller subject to ~·,:s~tisfiediis suitablefor development or is being pur- levy. c~ll$.ed;. i OJ;~' conveyed, intended or designated for development purposes; a development levy in accord al1~7,w.it~ the provisions of the Stamp Ordinance; and Cap. 283. ~e:sohcltor or.otherperson prepanng the conveyance shallbeentitled todeduct from the purchase price of t~~)~~d thelevy so 'payable. t'tf~1~;'.(2) 'Tpevendor of any land, his solicitor or authorised agent. shall make and forward' to the ~9!Jlptroller a Statutory Declaration verifvina the 197 Aei 40 Lend Development iControli '1968 Permission for development required from Authority, Application for permission to develop land. amount of the consideration and the intended use of the land. if the Comptroller, after having consulted the Authority, is satisfied that the land in Question is not suitublc fer development, nor is the same being pur chased or conveyed, intended or designated for deve.opment purposes, then he shall so cerufy and the vendor shalt thereupon be exempted from the payment of the development levy. 5.-0) Notwithstanding the provisions of any other law to the contrary, no person s:wil commence to carry cut t;1C development of any land in Grenada without the pr.or written permission of the Authority.. (2) Without prejudice to the generality of the provisions of suu;:.sectiol1 (I: of this section- a person s:lail be deemed to have commenced the development cf land if he has commenced the laying out of roads, the laying of water pipes, the clearing or levelling of land, the filling of ravines or swamps, or any other preparatory work which might indicate an intention thereby to improve the land or increase its value or make it in any way ready for any type of development except those set out in the First Schedule to this Act. 6. An application to the Authority for permission to develop land shall be in triplicate in the form set out in the Second Schedule to this Act and shall be aceom panied by such maps and plans as may be necessary or as may be required by the Authority:: : Provided that the Minister may give directions to t~ Authority requiring that a particular applicationq applications of any particular class shall be referred] the <;:a~inet for determination. 0: may give directiQI restnctmg the gran~ of permIssl0!1 to carry, out.~ development 111 the interest of national secunty or~ general economic policy of the St~te., Such directi91 may be given before or after the time allowed for....'.: appeal, and jf aiven after an appeal is made, the ap~ shall be abated. . /968 Land Development tControls ACI 40 198 7. Notwithstanding the provisions of section 6 the ~crclitted l classes of deyelopment listed in the Fir:st Schedule are ev opmen Rermitt~ and~ be u~ertak~n without the per mis§.!gn...of~theAuthority, ut such deyelopmellt shall De subject to any' conditIOn or restnctions imposed llncrer '!..tifOr(IerOi~Regula~ade under section 21. . . 8. An application may be made for approval jn nrin- ~~P~;;~~V~1 cIPle before a developer embarks on detatled plans. . in principle. '. 9.-(1) The Autbority may, after consideration of the Authority 1· . '" 1 . h di may approveID2P lcatloll. grant peruussion WIt 1 or WIt out con 1- or refuse tions or may refuse permission to develop the land in perdmisslion '. 'f to eve opquestion or any part tnereot. land. (2) If after consideration .of the application and examination of the plans, if any, the Authority considers it desirable so to co, it may refer the plans back to the applicant for amendment thereof. lO.:..lf the Authority after due consideration of the Authority to 1!Pplication and of the plans, if any, refuses permission J.':ive reasons to'the appiicanttodevelop an5-'-lriiid, It shall at the sa'ffi~{tP~~~~:~ion time. give, the. applicant in writing reasons for so to develop. refusing. 11.-(l)"VDOI{"~refusal of the Authority to granl.Applicant !Qermission for the develppment of any land, the appli- maYM~p'petal I . . • • • ." • h to Im~ er. tant niav;'wlt'1m thIrty c.1:·ys after suc refusal has been . 3ceived'lJY hiro,.:.wpeal against such refusal to the \Minister:s~tting(;mtthe grounds upon which the appeal ,i'imade' . . (2).;Every./'appeal 1:0 the Minister, under sub !~~ctiQl,1 (l)of this section shall be referred by the Minis 'Iter toianappealsaribunal consisting of three persons to :tbe' appointed froma panel approved by the Minister.. lFh.e.dribun~.l shall. be under the chairmanship of a ~~ygallyf~'quahfied person, , , .. ':(3) Therecommendations of the tribunal on any t~ppe~l':referredto"i(s?~llbe conveyed t? the Minister ~Jn.wnt1l1g, and the Minister shall de termme the appeal ;~in'accordancewith the recommendations of the tribunal ;,iind shall' convey his decision to the applicant.. The ~.i~ister's decisionpn,a~yappeal shall be final. 199 Act 40 Land Development (Control) 1968 ' Failure to give decision in three months d <:~IlJ ::J refu sal of application. Qu al ilicat ion and adaptat ion of e xisting law. Cap , 153, Development to be in accordance with plans. 12. Unless the Authority gives its decision on an application within a period of three months from the date of receipt of tne applrcation or such extended period as may be agreed upon in writing between an applicant,' and the Authority, the application will be deemed to nave been refused, and the right of appeal, under section 11 will arise. " 13.-(1) For the purpose of enabling development to, be carried out in accordance with a permission granted: under this Act, or a direction given by the Cabinet, anY;; conditions or ' regulations contained in any other law~ which would conflict with the conditions attached toa'j planning permission shall not apply. ,. (2) For the purpose of enabling development to be carried out in accordance with a planningperrnissi or a development plan in 'COU"<:; : 01' prepara tion. t provision of the Land Acquisit ion Ordinance shall appl as though the acquisition cf land was required for public purpose. The value of the land to be acquired shall be the amount that the land might have been ex DcCtC(] to realise on' the oren market by a wil~ng se ller twelve months prior to the date of publication in the Gazette of the intention to purchase the land. 14.-(1) Whenever any plans have been submitted 10. the Autl,g-rinr-nrr-all aoplication for permission WI develop .any land, and such permission has been granted the development in question shall be ' carried out .~ accordance with the-said plans, ·and any conditios imposed by the Authority. . (2)lf before or during the course of any devel~ ment of land ~h~ developer finds that. it is impractiea. or uneconomIC , to carry out the said developmentdn conformity with the plans as. aooroved bvthe AU~hO,mr. he may apply to the Authority for perrmssion to ameJi:J the plans ac.cordinglyand the ' Authority may gran. refuse nerrmssion for such amendment or maYJetwli the plans to,the developer for further amendrnent.i 1968 Land Development, tCantrol) Act 40 200 (3) If the. Authority refuses permission to develop land inaccordance with the. a11lel~dc(i plans as in sub-section (2) of this secuou provided, It shall at the time of such refusal give to the applicant in writing its reasons for so refusing in which case the provisions of section 11 of this Act, shall apply as in the case of an original application to the Authority. 15. In the event of development not having, in the Permission opinion of the Authority. been substantially commenced to lapse. within a period of twelve months from the date of granting permission, the permission shall lapse, and the applicant shall be nctitied accordingly in writing. 16. The Executtve Sccretarv of the Authority shall Regi~ter. of k . f II d I' I" d 11 applications.teep a register 0 a eve opment app ications an a information relevant thereto which shall be open for inspection at the office or the Authority during normal working hours. 17. If it.aopears to the Authority that the amenities Preservation ofany area is seriously injured by reason of the ruinou~ of amenities. unsafe or'dilapidated condition of any building, or by the condition of any land due to the denosit of refuse sDoiI;otderelict vehicles or the occuoation of land or a pUbH~\'.ro{l(l for purposes of the repair of vehicles, it lllaY,~~f:ve':Qn the -owner or occupier of the land or the persoh'/responsipjeJor the ·offence a notice requiring suchsteps to be ;taken for abating the injury as may be specified by. the Authority. . '., q • l8YNo advertisement whether attached to a building Contrt?lof :ora ~Q~rdmg shall be displayed except with the written ~:~~~se­ permisslOnof the Authority. 19J~(1) "Any person who commences or carries out Off rJ d! :anytand development in the State without the written pen~lti~~.a~ :perm.j~$.,iQn()f~h~'Authoritvso to do, or carries out any J~~h.;dey~!qprn~n(otherwisethan/in accordance with 'iny'olans'submitted or re-submitted to r nd approved 'by the 'Authority shall be guilty of an offence azainst rlhis:Act. .. 201 Owners of land liable for wrongful development, Regulations and Orders, . Power to . amend or replace schedules; Commence ment. A ct 40 Land Development iControl; j9~ i (2) Any person who fails to comply with tl conditions given'in writing in the permission grantedI the Authority.jshall be guilty of an offence against th Act. (3) Any person guilty of an offence against t~ Act shall be liable on summary conviction therefor.~ a fine not exceeding two thousand dollars, and, in U case of a continuing offence, to' a further penalty of fill dollars for each day during which the offence continue (4) If any person is charged with the offence J carrying out any development otherwise than in aee ance with any plans submitted to and approved by Authority such person shall not be convicted there if he moves to the satisfaction of the Court that s~ development r:?;, been or is being carried out ini manner which is at least nin :y per cell.t.lIm in cO;lfofl~ with such plans as aforess :', but 1~'1:'Y h~ rrqlli[roj make the develoorcent conform to !h~ !JhlP" ;l~ nr:gifli approved ~)V t'l':C P. r !·.:-ri!:', 20. If the development of any lnnu is CCI11111l;lI(;e"! carried 01.1t without the written permission of.1 Authoritv or carried out in a manner not in accordn with plans submitted or re-submitted to. and appm by the/' uthoritv. every owner of such l(111d within meaning of section 2 of this Act shall be liable there and be subjectto the penalties prescribed by seetiop of this Act. . . ... ,21.. The Governor; ~ay..make Regulations ?tldP!~ for the pU!JlOse--o(glvmg effec~epro~lslqps;Ol:lll Ac,!.:.- · .. n. The Gave . r may, by .Order,~p~. the. Schedule ,0 .this Act. . .?3. The nrovisions of s~o.n 4 at uns Acu.naIU deemed to 'have come. iJ1i<}operation on the ,firstgJl May,1968." Land Development (Control) Act 40 202 ;IRST SCHEDULE (Sections 5(2) and 7) (a) Garden huts, other than g'uages, not used for human habitation. (b) Gates, fences and walls not exceeding 3 feet in height. (c) Buildings and other works solely for agricultural purposes. (d) Repairs to roadsbridges, or harbour installations. (e) Repairs to services. (J)Internal alterations to buildings. (g)/Enlargement or improvement of an existing d~elling house provided Ithe ground floor area does not exceed one-third of the area of theplot. . (h) lWorks by statutory undertakers. (i)<Dwelling houses of less than 800 sq. ft. floor area to be erected on .. any land other than if situated within the parish of Saint George or within 20q yards of the seafront or 200 yards of any road shown on the I: 50.00a scale map of Grenada, D.G.S. 442 (Series E 703) as amain road or within any other areas prescribed by order. SECOND SCHEDULE (Section 6) ApPLICATION FOR PERMISSION TO DEVELOP LAND :-:Name ot Applicant ,., ,., . ~9~~;.~.et.f,App~i~am(lf a company, address of registered offices) ~.PtiO!l of. ~a;!!d. ~~ought to be developed, including area and situation of i\I!IlI~~;' , .':1'!~~;.~;••.•• '" *" . .# ' ~ ~ . ~•••• ~.,; ,. ~ •• :,." •• """ .• "" 4 4 4·4 .. " .. '1.. i!!'~.A~"" ~''',':.'',''; ".'.' : ..~ ~, ,. ,. .. ~Whetber land IS ownedor ieasec oy applicant . ::lf~leased:what isthe unexpired term of the lease?. . "";,.'-: -,'" .....',. .,. ~~'.'!~'.'!~~•.."'" ". .•" " "" , ,,~ . 203 rl ct 40 Land Development iContral; 196 For what purpose is land to be developed '? (1) (2) (3) (4) (5) (6) Are any plans attached to application? (If so, please describe plans). Estimated cost of development of land .. Signature of Applicant Date of Application Passed in the House of Representatives this 4th day of September, 1·968. CURTIS V. STRACHAN, Clerk of the House of Representative Passed in the Senate this 6th day of September, 1968. CURTIS V. STRACHAN,' Clerk of the Sene; GRENADA PRINTED flY THE GovttRNMENT PRINTER, AT THE GOVERNMENT PRINTINGo~ ST. GEORGB'S,,0J 1968.