Town and Country Planning Ordinance

Ordinance No. 3 or 1946. Short title. Interpreta tion. Gap. 278. CHAPTER 293. GRENADA. AN ORDINANCE TO MAKE PROVISION FOR THE ORDERLY AND PROGRESSIVE DEVELOPMENT OF LAND, TOWNS AND OTHER AREAS WHETHER URBAN OR RURAL, TO PRESERVE AND IMPROVE THE AMENITIES THEREOF, AND FOR OTHER MATTERS CON NECTED THEREWITH. [18th March, 1946.J PART I. PRELIMINARY. 1. This Ordinance may be cited as the TOWN AND COUNTRY PLANNING ORDINANCE. 2. In this Ordinance, unless the context otherwise requires " building" means any building, erection, structure or any other building erected or made on, in or under any lands and where the context so permits, includes the land on, in or under which the building is situate; " building operations " includes any road works, preliminary or incidental to the erection of buildings ; "Central Authority" means the Central Housing and Planning Authority established under the provisions of the Slum Clearance and Housing Ordinance; "development" in relation to any land includes any building or re-building operations and any use of the land or any buildings thereon for a purpose which is different from the purpose for which the land or building was last being used ; '! existing building " means a quilding erected or constructed before the material date ; " fence " include& any :poarding or paling used as such and also banks and walls ; "hedge" includes any tree or shrub forming a part of a hedge; "Judge" means a Jµdge of the Supreme Court of the Windward Islands and Leeward Islanqs sitting in Chambers, ancJ in the ~ase of any matter within t~e jurisdiction of a lvlaw.strate's Court, includes a Magistrate ; "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 an undivided share of land ; " Local Authority '' means any Authority which the Governor in Council shall by Order published in the Gazette declare to be a Local Authority for the purposes of this Ordinance, and within the area and to the extent specified in such Order; "material date" means in relation to any provision contained in a scheme, other than 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 supplementary scheme or a varying scheme, means the date on which such sche'rp e 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 particular provision thereof: Provided that where any provision of a scheme or order is revoked by a suh sequent scheme or order which contains the same provision or a provision substantially to the same effect, {he material date in relation to that later provision shall be the date which, if the earlier provision had continued Planning Authority. cap. 278. in operation, would have been the material date in relation thereto ; '' minerals " includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working ; " owner " in relation 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 fee simple of the building or land, whether in possession or rever sion, and includes also a person holding or entitled to the rents and profits of the building or land under a lease or agreement the unexpired term whereof exceeds three years ; "road" means any road whether public or private and includes :any street, square, court, alley, lane, bridge, footway, trace, bridle path, passage, or highway, whether a thoroughfare or not; " scheme " means a scheme under this Ordinance and includes a town planning scheme, a country scheme, a supplementary scheme and a scheme varying or revok ing an existing scheme ; "site" in relation to a building includes the area of any offices, out-buildings, yard, court or garden occupied or intended to be occupied therewith. 3. The duty of carrying out the provisions of this Ordinance including the due execution and enforcement of any scheme in accordance therewith, shall (subject to the limitations and -conditions thereinafter contained) be vested in the Central Housing and Planning Authority of the Colony (in this Ordinance referred to as the Central Authority) established under the Slum Clearance and Housing Ordinance, and the provisions of section 4 to 8 inclusive of that Ordinance shall mutatis mutandis have effect as if they formed part of this Ordinance. PART II. PREPARATION AND APPROVAL OF SCHEMES. 4. (1) The Central Authority with the approval of the Governor 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 Schedule hereto. (2) Regulations made under this section shall have no force or effect until they have been approved by the Legisla tive Council. Regulations as to pro cedure ana In relation to matters in F!rst Schedule. 5. (1) The Central Authority may by resolution decide Preparnt1on to (a) prepare a scheme with respect to the Colony as a whole ; or (b) prepare a scheme with respect to any land within the area specified in the resolution ; or (c) adopt, with or without variations, a scheme proposed by all or any of the owners of any such land; or (d) adopt, with· or without variations, a scheme proposed by a Local 4uthority or by one or more Local Authorities acting jointly. (2) Notice of the resolution shall be published within the prescribed time in the Gazette a,nd a local newspaper at least once in Bach of two successive weeks, and such resolution shall take effect from the date on which it w.as first published in the Gazette. (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 prepare different schemes for dealing with different parts of the area. or adoption of schemes. Approval ot schemes by the Governor in Connell. 6. (1) When the Central Authority have decided to prepare or adopt a scheme, the Central Authority shall with all convenient speed make a draft scheme :and submit the same to the Governor in Council for approval. (2) The Governor in Council may either (a) approve of such scheme with or without modi fication ; or (b) require such scheme to be modified; or (c) require a new scheme to be made and submitted to him. (3) When the Governor in Council requires under this section a scheme submitted to him to be modified by the Central Authority, it shall be the duty of the Central Authority to modify such scheme accordingly and to re-submit such scheme as so modified to the Governor in Council, and there upon subsection (2) of this section shall apply as if such scheme were then being submitted to tbie Governor in Council for the first time. (4) When the Governor in Council requires under this section a new scheme to be made and submitted to him by the Central Authority, it shall be the duty of the Central Authority to make with all convenient speed a new scheme accordingly and to submit such scheme to the Governor in Council for approval, and thereupon subsection (2) of this section shall apply as if such submission were the first sub mission of an original scheme. (5) When the Governor in Council approves a scheme under this section, the Central Authority shall cause copies of such scheme to be made available for public inspection at the prescribed times and places, and shall within the prescribed time cause to be published in the Gazette and in such other manner as they may think fit, notice of such approval. (6) A scheme when approved by the Governor· 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 Central Authority may at any time apply to the Governor in Council for the revocation or modification of a scheme which has been approved under section (6) of this Ordinance on the following grounds, that is to say (a) on account of the amo:.mt of the compensation which has been a.warded or is likely to be awarded in respect of provisions contained in the scheme; (b) on account of practical difficulties in the execu tion or enforcement of such schemes; (c) on account of events which have occurred since the making of such scheme (2) When an application has been made under sub section (1) of this section, the Governor in Council may either revoke or modify such scheme or refuse the application. (3) Whenever a scheme is revoked or modified, the provisions of this Part of this Ordinance shall apply in respect of such revoking or modifying schemes in like manner as they apply to the schemes mentioned in the said Part. 8. (1) In any case where a country scheme is in opera tion, the Central Authority may by resolution decide to prepare a scheme with respect to any land to which the country 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) of this section (in this Ordinance referred to as a "supple mentary scheme") shall incorporate, with or without modifi cations, all such provisions of the country scheme as relate to the area to which the supplementary scheme applies and are not inconsistent with the provisions thereof, and may include such additional provisions as appear to be necessary or desirable. (3) A resolution to prepare or adopt a supplementary scheme shall not affect the operation of the country scheme, but as from the date on which the supplementary scheme comes into operation it shall, so far as respects the area to which it applies, be substituted for the country scheme. Revocation or modlfica➔ tion of scheme at request of Central Authority. Supp1ement ary scbemcs for areas COn\l)l'lsed in country schemes. Local AUtho'.·ity affected b:9 sch~me. E.;tal>!i~h n1e11t: n.nd 1naintf"'lli.\L\Ce of register. Obll;;atlon to ~1;e Information 10 c~ntrnl Att~!lO:-ity. 9. (1) 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 Governor in Council for approval, furnish particulars and a copy of the scheme to the Local Authority for their con sideration and representations. (2) If the Local Authority are desirous of making 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· consider any objections 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 Governor in Council for approval shall forward copies of all such objections or representations which have not been met or withdrawn. Thereupon the provisions of section 6 of this Ordinance 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) The Central Authority may, for any purpose arising· in relation to the making, enforcement, or carrying out of a scheme, by notice or in writing, require the owner or occupier of any land or building in the area to which such scheme relates or is intended 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 forward by registered post to the Central Authority within a specified time not less 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 are ·known to him} of every person who to his knowledge has any estate or interest in or right over or in respect of such land or building. (2) Every person required to make and deliver a statement under this section who shall wilfully make any false statement, or fail or refuse to make such a statement, shall be liable, on summary conviction, to a fine of ninety-six dollars. 12. (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 ::>.ny such land or any part thereof, and of making such scheme if decided upon. (2) Any person authorized in that behalf in writing by the Central Authority may, for the purpose of any entry, examination, survey, or investigation which the Central Authority are authorized by this section to cause to be made, and on production of such written authority enter and there do anything 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 seven days' notice in writing 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 virt1;1e of this section shall be liable, on summary conviction, to a fine of ninety-six dollars. PART III. INTERIM DEVELOPMENT OF LAND. 13. (1) When the Central Authority have passed a resolution for the making of a scheme the Central Authority may, at any time after passing such resolution and before such Powers o! entry, eJCam lnatlon and survey for preparation of scheme. Interim develop ment. scheme comes into operation, do all or any of the following things, that is to say (a) grant to any person applying .therefor per mission in writing to develop land, construct, demolish, alter, extend, repair, or renew a particular building in the area to which such scheme is proposed to relate; (b) prohibit the further proceeding with the develop ment of land or construction, demolition, alteration, extension, repair or renewal of any particular building situate in the said area, stating in writing their reasons for such prohibition. (2) The Central Authority may attach to a permission granted under this section such conditions as they think proper. (3) Where an application is duly made to the Central Authority for permission under this section and no decision on such application is made by the Central Authority within a period of three months after the receipt of such application, or within such extended period or periods as hereinafter provided, such application shall be deemed for all purposes to have been granted by the Central Authority at the expiration of the said period or the last of such extended periods. The period of three months may be extended for such further period or periods as the Governor in Council shall consider necessary in any particular case: Provided that the applicant shall have been notified of such extension before the expiration of the preceding period. (4) 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. (5) 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 operation as provided for in this section the Governor 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 incapable 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, that any contravention of such prohibition before such coming into operation shall be unlawful. (6) Every person who proceeds with or does any work which is a contravention of a prohibition and is by virtue of a declaration under this section an unlawful contravention of such prohibition shall be liable, on summary conviction, to a fine of two hundred and forty dollars together with, in the case of a continuing offence, a further fine of twenty-four dollars for every day during which the offence 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 of this Ordinance may within twenty-eight days from the date on which he received notice of the decision of the Central Author ity appeal to a Judge by notice in writing in which he shall set forth the grounds of his appeal. The Judge shall cause the appellant and the Central Authority to appear before him, and it shall be lawful for him to hear and determine the matters in dispute in a summary manner ; and for that purpose to examine such parties or any of them and their witnesses. (2) The Judge may dismiss or allow the appeal either unconditionally, or subject to such conditions as he thinks proper to impose and allow such cos!s as he may think fit. (3) Where on an appeal under this section from the making of a prohibition, such prohibition is revoked by the Judge, or is confirmed by the Judge with new conditions inserted therein or with amendments of the conditions con tained therein, the Judge may, if he thinks proper, as part of his determination of the matters the subject of such appeal, direct the Central Authority to pay to the person by whom such appeal was brought such sum as he shall think proper to specify by way of compensation for loss suffered by such Appeal to Jutige in relation to permission or prohlbl tlon. Governor in (JOUHCU may suspend thi, oper11t1on of certail1 laws. Compensa tion ror complhnc~ with con dition. person by reason of such prohibition during the period between the making of such prohibition and the determination of such appeal. (4) The 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 Magistrate. 15. When the Central Authority have passed a resolution for the making of a scheme, before such scheme comes into operation the Governor with the prior approval of the Legislative Council may by order published in the Gazette suspend the operation of any law relating to development, (including road construction, building operations, or sani tation), where it is expedient in order to promote the development permitted in the area to which the scheme relates. 16. (1) Whenever a condition is attached to or inserted in a permission or a prohibition and the value of any property is reduced by the due and proper performance or observance of such condition, the provisions of this Ordinance in relation to compensation payable by 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 been occasioned by a restriction on the user of such property affected by a provision contained in such scheme. (2) Subsection ( 1) of this section shall not apply or have effect where the condition referred to in that subsection is 0£ such nature that if the scheme referred to in the said sub section had been in operation when such condition was imposed, such condition could have been enforced by a provision in such scheme and no compensation would be payable under this Ordinance on account of, or arising 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 which it relates. (2) Every scheme shall contain such prov1s10ns as are necessary or expedient for prohibiting or regulating the development of land in the area to which the· scheme applies, and generally for carrying out any of the objects for which the scheme is made. (3) A scheme may provide for the pooling· and re distribution of lands, or for re-adjustment of the boundaries and areas of any such lands : Provided however tl1at such lands are not already built upon, or if already built upon. the inclusion of such lands is expedient to the scheme : provided further that in the event of any owner not agreeing to the pooling and re-distribution of his land, or to the re adjustment of the boundaries and areas of his land, the Gove1nor may acquire such land or any part thereof as is necessary for carrying out such scheme. (4) Any law relating to development, road construc tion building operations or sanitation inconsistent 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 Governor in Council, come to an agreement with a Local Authority so named in a scheme and in consequence thereof assign to such Local Authority duties and functions in relation to the enforcement and carrying out·of such scheme. 19. (1) From and after the date of the first publication in the Gazette of a resolution by the Central Authority to prepare or adopt a scheme, it shall be the duty of the Local Authority of the area to which the resolution relates, to submit all applications and proposals for development within that area to the Central Authority for their permission or prohi bition as t:1e case may be. Conteuts or schemc3. Assi~nment of ctntles to local Autho~ity. Submission of appllcntlons etc .• to the Aut-horltY nfter the material d,He. Pow~r to enforce and can-y Into effect schemes. {2) The Local Authority referred to in subsection (1) of this section shall notify the applicant of the decision of the Central Authority as soon as practicable after the receipt thereof. (3) Any development which the Local Authority itself proposes to carry out within such area shall not be commenced until the permission of the Centrnl Authority has been obtained. ( 4) Any application for development received by a Local Authority under any other Ordinance shall be deemed to be an application under this section. 20. (1) Subject to the provisions of this section, the Central Authority may at any time (a) remove, pull down or alter, so as to bring into· conformity with the provisions of the scheme, any building or other work which does not conform to those provisions, or the removal, demolition or altera tion of which is necessary for carrying the scheme into effect, or in the erection or carrying out of which any ptovision of the scheme has not been complied with; or (b) where any building or land is being used in such a manner as to contravene 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 delay in the execution of the work has occurred and the efficient operation of the scheme has been or will be thereby prejudiced. (2) Before taking any action under this section the Central Authority shall serve a notice on the owner and on the occupier of the building or land in respect of which the actio n is proposed to be taken and on any other person who, in then· opinion, may be affected thereby, specifying the nature of the acfion proposed and the grounds upon which they propose to take that action. (3) The date stated in a notice served under this section as the date on or after which the intended exercise of the power therein mentioned is intended to be begun shall be not less than three months when any building is affected and in any other event not less 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 mentioned in the notice before the said date. ( 4) If any person served with such a notice as aforesaid considers the period fixed by such notice to be insufficient or desires to dispute any allegation or matter contained therein, he may within twenty-eight days from the date on which he received such notice appeal to a Judge by notice in writing in which he shall set forth the grounds of his appeal. The Judge shall cause the appellant and the Central Authority to appear before him, and it shall be lawful for him to hear and determine the matters in dispute in a summary manner ; and for that purpose to examine such parties or any of them and their witnesses. (5) If on any such appeal the Judge is satisfied that the Central Authority are entitled to take the proposed action on the grounds specified in the notice, he shall dismiss the appeal and shall by his order empower the Central Authority, after the expiration of such period as he may decide, to remove, pull down, or alter the building or work, or reinstate the land or execute the required work, or, as the case may be, shall by his order prohibit the building or land from being used in contravention of the scheme after the period aforesaid, but if he is not so satisfied, he shall allow the appeal. The Judge shall allow such costs as he may think fit. (6) Every person who uses any building or land in a manner prohibited under this section, or obstructs or interferes with the exercise by the Central Authority of any power vested in them shall, in addition to any civil liability, be guilty of an offence and liable, on summary conviction, to a fine of ninety s:x dollars. Power to conti·I bute towards ex penses or owners. General development order9. Power to permit building opera ti ans. 21. It shall be lawful for the 'Governor, on the recom~ mendation of the Central Authority, to contribute towards the expenses incurred by owners of land in or in connection with a scheme which is adopted by the Central Authority or in co-operating with them in the preparation of a scheme. 22. (1) The Central Authority may by an order (in this Ordinance referred to as a "general development order") permit building operations to proceed, subject to such con ditions 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 be made from time to time so long as any part of that land remains so subject. (2) A general development order may be revoked or varied 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 deemed 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 Governor in Council for approval and shall on being approved be published in the Gazette and shall have full force and effect as from the date of such publication. 23. (1) Where the provisions 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, desires 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 contained 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 public advantage likely to result from the maintenance of the prohibition or restriction, pending the coming into operation of a general development order, and may if they are satisfied that the proposed operations will not contravene any permanent provisions of the scheme, grant the application unconditionally, or subject to such conditions as they think proper to impose : Provided that they shall not grant an application if they are satisfied that (iz) the operations 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 amenities of the locality. (3) Any person aggrieved by the refusal of any such application 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 of this Ordinance. 24. The Governor 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 prejudice to the generality of the foregoing words, he. may purchase any such land (a). which is required for carrying out the improve ment 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 development of any land in accordance with the provisions of the scheme in any case where, by reason Acquisltlon of le.nd to which schemll applies. Compulsory acqul~lt\on. Cap. 153. Pow<!r or entry etc .• !or carrying out a scheme. of the land being held in plots which are of incon venient size or spape, or of which the arrangement or ;llignmeJlt is inconvenient, or by reascm. of the multiplicity of interests in the 11:1,p d, or by reasop pf the fact that t}le lanq is being used in a manner or for purposes inconsistent with the provisions of the scheme, it does not appear to be rea~onably practicable to secure such development otherwise than by purchase of the land ; or (c) which forms the site of a road which has been stopped ~p 1.+I1der ap y provision contained in the scheme; or {d) which fs r-~quir~d for tne purpose of providing accommodation for&, person whose premises hl,lve been purchased for the purposes of the scheme. 25. Where the Goverµpr is unable to purchase by agreement any land which he is authorized to purchase, he may acquire such land in accordance with the provisions of the Land Acquisition Ordinance. 26. (1) Any person authorized in that behalf iµ writing by the Central Authority may, pn production of such written authority, enter on any land in the area to which a scheme relates and there make such inspection1 survey, examination and investigation as may be necessary for the purposes of the enforcement 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 seven days' notice in writing of his intention so to do. (2) Every person who wilfµlly 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 of ninety-six dollars. Penalty ror 27. Any person who wilfully qoes any act (whether of contraven- commission or omission) which is a contravention of a tlon of a. scbeme. provision contained in a scheme shall be liable, on summary conviction, to a fine of two hundred and forty dollars and, in the case of a continuing offence, to a further fine of twenty four dollars for every day during which the offence is continued. PART V. COMPENSATION AND BETTERMENT. 28. Subject to the provisions of this Ordinance, any ProqIBions a..s person (a) whose property is injuriously affected 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 vision contained in a scheme, or in making or resisting a claim under the provisions of this Ordinance relating to compensation and betterment, has incurred expen diture which is rendered abortive by a subsequent revocation or variation of the scheme, shall, if he mak~s a claim within the time limited for the purpose by this Ordinance, be entitled to recover as compen sation 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. 29. (1) No compensation shall be payable in respect of any building the erection of which was begun after the material date unless such erection was begun under and in accordance with a permission from the Central Authority. {2) No compensation shall be payable in respect of any of the following 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 to compensa tion !or in jurious affec tion, etc. No compen~ sation in certain classes o! cases. (c) limits the number of buildings, or the number of buildings of a specified class which may be con. structed, erected on, or made in or under any area ; or (d) prohibits 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 buildings ; or (f) controls, restricts or prohibits the objects which may be affixed to buildings; or (g) prohibits or restricts building operations only pending the· coming into operation of a general development order ; or {h) prohibits or restricts building operations per manently 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 expenditure of public money in the provision of roads, sewers, water supply or other public services ; or (i) prohibits (otherwise than by way of prohibition of building operations) the use of land for a purpose likely to involve danger or injury to health, or detriment to the neighbourhood, or restricts (otherwise than by way of restriction of building operations) the use of land so far as may be. necessary for preventing such danger, injury or detriment; or (j) restricts the purposes for and the manner in which buildings may be used or occupied ; or reserves or allocates any particular land or all lands 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 (Z) limits the number or 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 purposes of business or industry, requires the provision of accommodation for parking, loading, unloading, 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 any building or any temporary erection, or any vehicle, boat, or other movable object (whether on land or on or in water or in the air), of all or any particular forms of advertisements or other public notices; or (p) prevents, remedies or removes injury to ameni ties 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 acre in extent reserved for the purpose of being developed as a buildip g area, that a proportion of the land (not exceeding five per centum thereof) be set aside for open spaces in addition to the area required for roads. (3) Nothing contained in subsection (2) of this section shall preclude an owner from claiming compensation for loss or injury arising from Ei.;cl uslon or limitation of compense. tlon 1ll ccrta!n Qtber c-ases. (a) being prevented by the Qperation ot a scheme from maintaining a buikling wnich was in existence on the material date, or from continuing to use any $UCh l;mildi.1:lg for the purpose for which it was used on the material date, or from making reasonable :,ilterations in and (in proper cases) reasonable additions to any ~uch building; or (b) where a b1,1Uding 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, ]Jeing prevented by' the operation of a scheme from erecting witl1in two years after such demolition or destruction on the site of such demolished or destroyed building a new building which substantially replaces such demoli15hed or des troyed building or from using such new building for the purpose for which such q.emolisheyd or destroyed building was last used ; or (c) being prohibited or restricted from. the winning of minerals by tJ.nderground or surface working. 30. (1) No compensation shall be payable 11nder this Ordinance in respect of any property on the ground that it has been inju:rio1.rnly affected b.y any provi~io;n contained in a scheme, if and in so far as the same provision or a provision substantially to the same effeet, w11s, at the date when the scheme came into Qperatien, already in force by virtue of any other Ordinance. (2) A person shall not be entitled to recover com pensation und~r this Ordfn1:1,n(,!e in re~peet of a,ny action taken under section :w at this Ordinance, except in a ca,se where a building which the Central Authority have removed, pulled down or altered, was an existing 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 (a) if no compensation would have been payable in respect of injury caused by the coming into operation of that provision in that other scheme, no compen sation shall be payable in respect of 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. ( 4) 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 compen sation 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 pro vision contained in a scheme, or by the execution 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, shall be enti-tled to recover from any person whose property is so increased in value an amount not exceeding one-half of the amount of that increase. Recovery or increase 1n value from ownera of property. Making or claims tor compensn. tlon or Increase In ,;alue of property, (2) Any sum recoverable under this section shall be paid within thirty days after notification of the amount due or by annual instalments over a period of not less 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 annwn chargeable on the aggregate amount of :the instalments for the time being outstanding: Provided that the person from whom such instalments are due may, on giving not less than six months' notice in writing to the Central Authority of his intention so to do, pay to them the whole of any outstanding instal ments, 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 subsequent 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 substantially the -same, as a provision contained in the scheme so revoked or varied: Provided that, if at the date when the revocation or variation 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 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 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 persons 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 may be made within twelve months after the date on which the provision giving· rise to the claim came into operation or within such longer p eriod as may be specified in the scheme, or in respect of expenditure rendered abortive by the revocation or varia tion of· a scheme, within twelve months after the date on which the action was completed, or the order came into opera tion, or the revocation or variation of the scheme became operative. (3) Where it is alleged that land which, at or within two years before the material date, formed the site of a building, has been injuriously affected by a provision fixing, in relation to any road or proposed road, a line beyond which no building in that road or proposed road may project, then, subject to any agreement to the contrary, the period within which a claim for compensation may be made in respect of that land shall be a period of twelve months after the 'date on which a new building is erected on the site in conformity with the line so fixed: Provided that, if in the case of any such land, a claimant alleges in his claim, and proves to the satisfaction of a Judge that it is not reasonably practicable to 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 before commencing to demolish the building given notice to the Central Authority in accordance with the provisions of subsection (4) of this section, 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 person who intends to claim compensation in respect of any such land as is mentioned in the proviso of isubsection (3) of this section shall. if the building is stl'tnding 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 Special asse.~men t; reco\·ery of expenses. Determlna. tlon or claims and recovery of .a.mounts due. buildings thereon, and thereupon the prov1S1ons 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 r,ost or a portion of the cost of -any works to be executed as part of the scheme shall be a special charge upon the propP.rty within a parti cular 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 and times by whom and when the same shall be payable. · (2) Whenever a scheme provides for a special assess ment under subsection (1) of this section, ,no claim shall be made by the Central Authority for betterment against the owners of property situate within the particular area to which the assessment relates. 34. to (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 ref erred to and determined by a Judge by notice in writing. The Judge shall cause the respective parties to appear before him and it shall be lawful for him to 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 shall 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 operation 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 Ordin ance relating to interim development shall take into account that contribution. (3) Any amount due to the Central Authority from a person whose property is increased in value may be recovered summarily as a civil debt. 35. Any charge or sum due and payable under section 31 or section 33 of this Ordinance shall after the expiration of three months from the time the same became due and payable, be recoverable, at the option of the Central Authority (a) by distress and sale under the provisions of the Fourth Part of the Taxes Management Ordinance, which shall apply mutatis mutandis to proceedings hereunder ; or (b) from the owner of the property by action sum marily as a civil debt. Reco\·ery o! charg~ or other i;um due to the Central Autho!"Jty. Cap. 290. PART VI. MISCELLANEOUS. Applir,atlon of moneys paid by way or 'let.tcr men:i:; etc. 36. (1) All moneys received by the Central Authority by way of betterment, or otherwise, shall be paid into the Treasury. Expruses of Cen:rnl Authorit~·. Reco vt•,·y of amount due to c>r by Cen,r~l Anthoo'lty. Summat·;, procedure. Serv:ce c! notJces, etc. on Central Authorlcy. (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 otherwise provided for, be defrayed from the public funds of the Colony. 37. 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 summarily as a civll debt. 38. (1) Where any application is made under this Ordinance to a Judge the Judge, 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, it shall be lawful for the Judge to hear and determine the question at issue and the amount of any com pemation, and for thJ.t purpose to examine such parties or any of them and their witnesses upon oath, and the cost of every such inquiry shall be at his discretion and he shall. settle the amount thereof. (2) There shall be a rig·ht 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. 39. (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 them by delivering it to their secretary, or by leaving it at their office with some person employed there, or by sending it by registered post addressed to the Central Authority or their secretary at their office. (2) Subject to the provis10ns of subsection (1) of this section any notice, order, or other document required or authorized to be served under this Ordinance may be served either (a) by delivering it to the person on whom it is 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: Provided that such place of abode is within a postal delivery district; or (d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it in 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 wham it should be served, by addressing it to him by the description of " owner " or " lessee " or "occupier" (or as the case may be) of the premises (naming them) 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. 40. For the purpose of co-operating with the Central Authority in the preparation or the carrying into effect of a scheme, any public department or Local Authority may, subject to the approval of the Governor in Council, enter into agreements for securing that any land which is under their control, or which is in their occupation or vested in them for public purposes or for the public service, shall, so far as may be Fower or public de partments, etc., to make agree ments Jn conncr.tlon with schemes. provided by any such agreement, be laid out and used in conformity with the general objects of the scheme, and any agreement so made may contain such consequential and incidental provisions, including provisions of a financial character, as appear to be necessary or desirable having regard to the contents or proposed contents of the scheme. SCHEDULE. (Section 4). MATTERS IN RELATION TO WHICH REGULATIONS MAY BE MADE, PART I. 1. The documents and matters (including maps and plans) which are to be deposited by the Central Authority; the places in which and tlme 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 regulations. 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 Central 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 the passing of such resolution and shall be furnished by the Central Authority with a copy of the scheme before it is submitted to the Governor in Council. 7. For enabling the Central Authority to obtain (without cbar~e) 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, r11te books and other similar documents which are not in their eustody, 8. For enabling the Central Authority to deal with lands and buildings, the owner-ship of which is doubtful or uncertain. PART II. ROADS. I. Providing for the reservation of land for road~, the construction of new roads, improvement of existing roads, establishment of public rights of way. 2. Providing for the closing or diversion of existing roads and public and private rights of way and traces. 3. Restricting and controlling the constmction of new roads and the alteration of existing roads whether by the Central Authority or owners. 4. Regulating the line, width, level, construction and general dimensions and character of roads whether new or existing. 5. Enabling the Central Authority to require an owner of Jang 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 existing roads ; or (c) to contribute to the cost of the construction of new roads or the improvement of e:)!:isting roads by the c~ntral Authority. 6. Prqviding fqr anq generally regulating t):le constructing or execution whether by 1iP.rl O.entr~i Authority oF by owners of works incidental to the making or improvement of ~my roa,d tnclu(iing the erection of shelters, provision of seats, planting or protecting of grass, tTees, and shrubs on or adjoining such roads. · PART III. Buuonrns AND OTBER STRUCTURES. 1. Regulating and controlling eit,her generally or in particular areas, all or any of the following matters, that is to say ( a) the size, height, spacing, and building line of buildings ; (b} the objects which ma,y be a,tpxed tQ the buildings; (c) the location of buildings, the extent of yards, gardens and curtilage 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 such 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 pro hibiting or restricting either permanently or temporarily, the making c,f 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 cir under any area. 5. Providing for the removal, demolition, or alteration of buildings or works which are inconsistent with, or obstruct the operation of a scheme. 6. Providing for sanitary conditions. PART IV. COMMUNITY PLANNING. 1. Regulating and controlling the layout of housing areas, in cluding the density, spacing, grouping and orientation of houses in relation to roads, open spaces and other buildings. 2. Regulating and controlling the provision and siting of com munity facilities, including shops, schools, churches, meeting halls, play centres and recreation grounds, in relation to the number and siting of houses. PART V. AMENIITIES. 1. Providing for the zoning of land in town and country areas {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 or artistic, architectural, archaeological, or historical interest. 4. Providing for the preservation or protection of forests, woods, trees, shrubs, plants and flowers. 5. Prohibiting, restricting or controlling, either generally or in particular places, the exhibition, whether on the ground, on any building, or any temporary erection, on any vehicle, boat or other movable object, whether on land, or on, or in water or in the air, of alJ or any particular forms of advertisement or other public notices. 6. Preventing, remedying, or removing injury to amenities arising from the ruinous or neglected conditions 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 VI. PUBLIC SERVICES. Facilitating the construction of works by statutory undertakers in relation to lighting, water supply, sewerage, drainage, sewerage disposal and refuse disposal or other public services. PART VII. TRANSPORT AND COMMUNICATION. 1. Facilitating the establishment, extension or improvement of systems of transport whether by land, water or air. 2. Allocating sites for the use in relation to transport and pro viding for the reservation of land for that purpose. 3. Providing for the establishment, extension and improvement 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 VIII. MISCELLANEOUS. 1. . Declaring the persons by whom and the manner in which the cost of the execution of works (whether of construction, demolition, 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 I.Jy 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 prov1s10ns 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. Providing for and regulating the making of agreements for thie 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. 6. Prohibiting the sub-division of land until a plan showing the sub-division and proposed access to the land has been approved. 7. Making any provision necessary for (a) the pooling of lands of several owners (or any lands, roads or rights of way adjacent or near thereto) ; (b) the re-distribution of such land among such owners ; {cl adjusting and altering the boundaries and areas of any such lands-, roads, rights of way or traces; (d) effecting such exchanges of land or cancellation or existing sub-divisions as may be necessary or convenient for the purposes aforesaid ; (e) apportionment of survey fees, cost of issuing or obtaining new titles and any other expensres in connection with the fore going among the owners concerned. 8. Providing for and regulating the construction, alteration, removal and use of railways, pipe lines, telegraph, telephone lines, and !lectric current transmission lines, drainage or irrigation channels, :1.erial cable ways and ancillary structures. 9. Works ancillary to or consequent on a scheme. 10. Any other matter (not hereinbefore mentioned) necessary or incidental to a scheme, or its administration. The mention of particular matters in this Schedule shall not be held to prejudice or affect the generality of any other matter.