Town and Country Planning (Manchester Parish) Provisional Development Order, 2013 (Confirmation) Notification, 2015 (No. 56A of 2015)

THE JAMAICA GAZETTE SUPPLEMENT PROCLAMATIONS, RULES AND REGULATIONS VoL CXXXVIII No. 56A MONDAY, APRIL 27, 2015 ... ·' THE TOWN AND COUNTRY PLANNING ACT THE TOWN AND COUNTRY PLANNING (MANCHESTER PARISH) PROVISIONAL DEVELOPMENT ORDER , 2013 (CONFIRMATION) NOTIFICATION, 2015 250A No. 28A In exercise of the powers conferred upon the Minister by subsection (2) of section 7 of the Town and Country Planning Act, the following Notification is hereby given: !. This Notification may be cited as the Town and Country Planning (Manchester Parish) Pro·,isional Order, 2013 (Confirmation) Notification, 2015. 2. The Town and Country Planning (Manchester Parish) Provisional Qevelopment Order, 2013 published in the Jamaica Gazette Supplement, Proclamations, Rules and Regulations Vol. CXXXVI No. 19D dated Tuesday, March 26, 2013 is hereby confinned with the modifications set out in the Schedule. 2508 r PROCLAMATIONS, RULES AND REGULATIONS [APRIL 27, 2015 SCHEDULE Modifications to Town and Country Planning (Manchester Parish) Provisional D�e/opment Order, 2013 (Paragraph 2) A.-TYPOGRAPHICAL CHANGES I. On page I 90v 1 in Paragraph 2 in the third line under the words "base station" delete the word "micorcell" and substitute therefor the word "microcell''. 2. On page 190� in paragraph (5X4Xk) delete the word "and" appearing at the end of the sentence. 3. On page I 90v� 4. (a) in paragraph 7(2) line one delete the words "Fourth Schedule". and substitute therefor the words "Third Schedule"; and (b) in paragraph 8( I ) in the first line insert the word "permission" immediately after the words "application for planning". On page I 90v0 (a) in the second line paragraph I 0(5) delete the symbols "(3)(b)" and substitute therefor the symbols "(4)"; and (b) in the first line of paragraph 10(5)(b) delete the word "act" and substitute therefor the word "Act". 5. On page I 90v7 (a) in the first line of paragraph 12(3) delete the word "Application" and substitute therefor the word "application"; (b) in paragraph 13(2)(c) delete the word "or" at the end of the sentence; and (c) in paragraph I 3(2)(d) de lete the ''(d)" at the beginning of the sentence. 6. On page i 90v 10 ; (a) in the second line of paragraph I 6(k) insert the word "is" immediately after the word ''plant''; and (b) in the first line of paragraph 16( I )(i) delete the word "Radius" and substitute therefor the word "radius". 7. On page 190v 11 in the second line of paragraph 18(1)(e) delete the symbols "( I I){ 1 )" and substitute therefor the symbols "13( I)". APRIL 27, 2015] PROCLAMATIONS, RULES AND REGULATIONS 250C SCHEDULE, contd. 8. On page 19ov 12 in the first line of paragraph 24 delete the word "dealth" and substitute therefor the word "dealt". 9. On page I 90v 13 in the second line of paragraph 26 delete "22" and substitute therefor "25". IO. On page I 90V 14 (a) in the heading "Part II. Local Planning Areas in Manchester"; delete the word "areas" and substitute therefor the word "Areas"; (b) under the heading "Mandeville Local Planning Area" in line eleven delete the words "Lidar Grove" and substitute therefor the words "Cedar Grove"; and (c) under the heading "Mandeville Local Planning Area" in line 19 delete the words "Lamb Town" and substitute therefor the words "Lands Town". 11. On page l 90V 15 (a) in lines 7 and 8 delele the words "California Parish Council Road" and substitute therefor the word "Caledonia Parish Council Road"; (b) (c) (d) under the heading "Williamsfield Local Planning Area" in the second line delete the word "Kendall" and sub�,titute therefor the word "Kendal"; ·' under the heading "Williamsfield Local Planning Area" in the seventh line delete the words "Bellefield School" and substitute therefor the words "Bellefield High School"; and under the heading "Willaimsfield Local Planning Area" in the seventeenth line delete the word "track". 12. On page l 90V 17 in the eighth line under the heading "Newport Local Planning Area" delete the word "Chipperham" and substitute therefor the word "Chippenham". 13. On page 190v 11 (a) under "Alligator Pond Local Planning Area" in the sixth line delete the word "boundary" and subtitute therefor the word "boundaries"; 2500 PROCLAMATIONS, RULES AND REGULATIONS (APRIL 27, 2015 SCHEDULE, contd. (b) under "Alligator Pond Local Planning Area" in the ninth line delete the words "St. Elizabeth Manchester" and substitute therefor the phrase "St. Elizabeth/Manchester"; (c) under the heading "Alligator Pond Local Planning Area" in the fourteenth line delete the words "two chains" and substitute therefor the words "40.2 metres"; and (d) under the heading "Mile Gully Local Planning Area" in the nineteenth line delete the words "John's Hall" and subtitute therefor the words "Johns Hall". 14. On page l 90v21 (a) under the heading "Class 12-Dwelling House" delete the period (full stop) at the end of the first sentence ending with the word "(residence)"; and (b) under the heading "Class 13-Non Residential Institutions" delete line (b) and substitute therefor "(b) as creche, day nursery, day care centre, health centre or clinic". 15. · On page I 90v29, delete the last line in paragraph (a) and substitute therefor the words "exceed 1.22 metres above ground level". 16. On page l 90V43 in the first line in paragraph D. 4A delete the words ' 'A.2 (2)( cc)" and substitiute therefor the words "A.2(2) (D) (I)". 17. On page 190V46 delete the letter "(e)" in the last parag�aph and substitute therefor the letter "(f)". 18. On page I 90v50 in paragraph "C" to the right of "Development not permitted" delete the letter "C" and substitute therefor the symbol "C. l ". 19. On page 190V 53 under the heading "Part l 0-Te/ecommunications Operations" in paragraph A. I to the right of "Class A Permitted devel opment". delete the symbol "A. I" and substitute therefor the letter "A". 20. "On page 190v5-4 "insert A. I" to the right of "Development not Permitted" immediately beside the "(a)" at the beginning of the fourth paragraph. 21. On page l 90V57 in the sixth line of the third paragraph under the heading · "HISTORY" delete the word "goal" and substitute therefor the word "gaol". APRIL 27, 2015) PROCLAMATIONS, RULES AND REGULATIONS 250E SCHEDULE, contd. 22. On page 190V11 under the heading "Population Composition" in the fourth line delete the numeral "9321 O" and substitute therefor the numeral "93,210"; also delete the numeral "92571" and substitute therefor the numeral "92,571". 23. On page 190V19 in the first line under the heading "land Capability" delete the words "(Source: Ministry of Agriculture, Rural Physical Planning Division)". 24. On page 190\16 1 under the heading "PURPOSE OF THE ORDER" delete the words "Third and Fourth Schedule of this Order" in the last line and substitute therefor the words "Second and Third Schedule of this Order". 25. On page I 90V62 in the second line under the heading "OBJECTIVES" insert the word "with" immediately before the words "by sectors". 26. On page I 90v64 (a) under the heading "Conservation of the Built Environment", in "Obj. C9", delete the words "specify mixed uses"; (b) under the heading "Archaeological Sites and Historical Buildings and Monuments" first line of Obj. C 13 delete the word "whitch" and replace with "which". (c) and in the second line of "Obj. C 13" delete the word "signifiace" and substitute therefor the word "significance"; and (d) in the third line of "Obj. C 13" delete the symbol "NHT" and substitute therefor the symbol "JNHT", ;, 27. On page l 90v70 (a) in the fourth line of the second paragraph of the justification for "POLICY SP T 13" delete the word "a premise" and substitute therefor the words "the premises"; and (b) in the second line of"POLICY SP T17" delete the phrase "Appendix IO" and substitute therefor the phrase "Figure 5". 28. On page I 90V72 under "POLICY SP T29" delete the words "with the legend "Physically Challenged Drivers" and subtitute therefor the words "as indicated in Figure 2" therefor. 250F PROCLAMATIONS, RULES AND REGULATIONS SCHEDULE, contd. 29. On page l 90v80 [APRIL 27, 2015 (a) in the second line of the first paragraph insert the words "(Protected Area)" immediately after the words "Habitat Ma!1agement Area"; and (b) in line one of "POLICY SP C 12" insert the words "(Protected Area)" immediately after the words "Management Area". 30. On page l 90v8� (a) lmmediately above "POLICY SP C 46" delete the word "DRAIT' standing on its own; and (b) in "POLICY SP C 48" delete the word "land" in the second line and substitute therefor the word "lands"; and delete the word "it" and substitute therefor the word "they". 31. On page l 90v92 (a) delete the heading "MINERAL" and replace with "MINERALS" (b) in the first line under the heading delete "MINERAL" delete the word "Mineral" and substitute therefor the word "Minerals". 32. On page l 90v93 in the first line of the first paragraph under the heading "SEWAGE" delete the word "residence" and substitute therefor the word "residences"; delete the word "is" and substitute therefor the word "are" therefor. .., 33. On page l 90V94 (a) in line one of "POLICY SP WT 3" delete the words "or absorption pit"; and (b) in line one of "POLICY SP WT 6" delete the words "or absorption pit". 34. On page l 90v 100 in the first line of the second paragraph under the heading ,"GENERAL DEVELOPMENT POLICIES" delete the word "there" and substitute therefor the word "their" therefor. 35. On page l 90v104 delete the words "Appendix 13" in "POLICY GD29" and substitute therefor the words "Appendix 10". APRIL 27, 2015) PROCLAMATIONS, RULES AND REGULATIONS SCHEDULE, contd. 36. On page l 90V114 (a) in line one of "POLICY MAT I" delete the words "is to be amended to read"; and (b) in the last line of "POLICY MAT!" delete the word "one" and substitute therefor the word "are". 37. On page 190vw in the fifth line under the heading "THE BUILT ENVIRONMENT" delete the word "Goal" and substitute therefor the word "Gaol". 38. On page 190V 137 in the sixth line under the heading "Sewage Disposaf' delete the words "�bsorption pits" and substitute therefor the words "soak away or tile fields". 39. On page 190v lS3 under "APPENDIX I" delete the heading "Glossary" and substitute therefor heading "I. General Glossary". 40. On page I 90V160 insert the word "ROAD S" at the end of the heading "MAIN ROAD DEVIATIONS AND NEW". 41. On page 190V 167 in "APPENDIX 8" in the second line of item 2 delete "I 12.0sqm" and substitute therefor "1,120.0sqm". 42. On pages 190V 176 to 190v 177 delete the heading "APPENDIX 14 " and substitute therefor the heading "APPENDIX 15". 43. On pages I 90V 171 to 19ovuo delete the heading "APPENDIX 15" and • substitute therefor the Heading "APPENDIX 16". ., 44. On pages l 90V 110 to l 90V 111 delete the heading "APPENDIX 16" and substitute therefor the heading "APPENDIX 17". 45. On page l 90V112 under "FIFTH SCHEDULE contd" delete the heading "APPENDIX 16 contd" and substitute therefor the heading ·'FIGURE I contcf'. 46. On page 190V 114 delete the "FIFTH SCHEDULE cont 'cf' in the Fourth line under "FIGURE 3". 47. On pages 190V183 to l 90V 189 under th� "FIFTH SCHEDULE contd." delete "APPENDIX 16". 48. On pages 190V 187 to 190V 189 add "contd." to the end of "Parking Standards". 250H PROCLAMATIONS, RULES AND REGULATIONS SCHEDULE, contd. 49. On page l 90v 190 [APRIL 27, 2015 (a) delete "APPENDIX 17'' and replace witb "APPENDIX 18"; (b) under "list of Abbreviations" insert "etc-etcetera" inmediately below "E Energy Conservation"; and (c) under "List of Abbreviations insert Ph - per hectare" immediately below "PFS Petrol Filling Station". 8. AMENDMENTS I. On. page l 90V4 insert the words "Change of use requiring a planning application Sui Generis" in the column to the left of Paragraph 5(4) "U se Class Sound Schedule". 2 On page l 90V 19 below the words "SECOND SCHEDULE-Use Classes Order" and above "Class I-Shops" and thereafter "Planning permission is required for change of use from one class to another". 3. On page l 90V21 (a) delete the phrase "(h) for, or in connection with, public worship or religious Institutions" under the heading "Class 13 Non­ Residential Institutions"; and (b) under the heading "Class 13 Non-Residential Institutions" delete "(i)" and substitute therefor "(h)" and delete "0)'' and substitute therefor "(i)". 4. On page l 90v99 under the heading "TELECOMMUNICATION" insert the following at the end of the first paragraph "Generally developments should be guided by Appendix 14.". 5. On page 190v 1s4 (a) immediately above "building line" insert the following " "bad neighbour" means any use that has a seriously detrimental effect on the locality in terms of noise, traffic or other disturbance to people living near it;"; (b) below "bad neighbour" and above "building line" insert the following " "building" in relation to outline permission does not include plant or machinery or a structure or erection of the nature of plant or machinery;"; and APRIL 27, 2015] PROCLAMATIONS, RULES·AND REGULATIONS 2501 SCHEDULE, contd (c) in the third line of the definition of "ground cover" insert the words "outdoor" between the words "include" and "parking areas". 6. On page l 90V155 immediately below the words "habitable room" insert the words "habitable structure"- means any structure primarily intended to be used for living, sleeping, eating or assembly purposes including but not limited to residencies, multi-family dwellings, churches, food facilities and industrial buildings;". 7. On page l 90V 155 immediately below "professional office" insert the words "protected area" means an area of land dedicated to the protection and maintenance of natural and cultural value and managed through legal or other effective means. These areas do not necessarily exclude industrial or economic activity;". • 8. On page l 90V 156 (a) immediately above the word "Storey" insert the words " "shop" means a building used for the carrying on of any retail trade or retail businesses wherein the primary purpose is the selling of goods by retail or for any other purpose appropriate to a shopping area"; (b) in the definition of the -word "studio" delete the words "350sq. feet and insert 37.16 square metres (400 sq. feet)"; (c) immediately below "studio" insert the words " "structure" means anything constructed or erected with a fixed �, permanent location location on the ground or attached to .something having a fixed location on the ground such as a building, platform, swimming pools, sheds, boundary walls, fences, radio towers etcetera"; and (d) immediately above the word "APPENDIX 2" and immediately below the definition of "warehouse" insert the following "2-Telecommunications Network Glossary "Base Station" means a strurcture or structures that consist of transmitters and receivers that are constructed to antennas by feeder cables . A base station can be a microcell, macrocell or picocell and can either be mob lie or fixed; APRIL 27, 2015] PROCLAMATIONS, RULES AND REGULATIONS 250K SCHEDULE, contd. "Television Broadcasting" means the wireless transmission of visual images or pictures, together with any sounds broadcast for reception along with those images or pictures.". 9. On page I 90V 163 under the heading "PARKING AND LOADING REQUIREMENTS" delete the number of parking spaces required for "Motels and Hotels" and susbtitute therefor "I parking space for each two (2) of the first 40 rental sleeping units plus I additional space for every 3 rental slet:ping Ynits thereafter. In addition I employee parking space for each I 0 guest rooms plus I space for each 4 .5m2 of public dining room. I coach parking space per 50 bed spaces in hotels". JO. On page I 90V 165 for "Place of Public Worship or Religious Instruction delete the last three lin;s under ''Minimum Number of Vehicle Parking Spaces Required" and insert the following "or I space per 6.5 square metres if no permanent seat is provided". 11. On page I 90V 166 under "PARKING AND LOADING REQUIREMENTS" delete requirements for "Number of loading or off-loading bays" for "Industrial Buildings used for manufacture or storage" and substitute therefor the following "for each building up to 460m2 of floor area plus I for each 930m2 of floor area in excess of 460m2 to a total of 3 . One for each 460m2 thereafter". 12. On page I 90V 167 in "APPENDIX 8" delete the text which appears in item numbered 2 and replace with the following ''.�rea of land t9, be developed should be sufficient to allow manoeuvering of vehicles•within the site boundaries but should not be less than 1,858 square meh'es with a minimum frontage of 3 0.5m on the primary street. W here the site is pait of a functionally integrated commercial or industrial complex, the size may be reduced to not less than I, 12 0 square metres.". 13. On page 190V 175 at the end of APPENDIX 13 "SUBDIVISION ASSESSMENT CRITERIA" add the following: "Fifth Schedule, contd." 250L PROCLAMATlONS, RULES AND REGULATIONS [APRIL 27, 2015 SCHEDULE, contd. APPENDIX 14 General Development Standards for Telecommunication Network I. STANDARDS Size of site for base station for free standing structure (i) No base station shall be less than 400 square meters (1,312.3 square feet) for self support towers. Set back for free standing structure (ii) The foremost part of each mast/tower shall be a minimum distance of 6.1 metres (20ft) from the physical barrier. Exclusion zone (iii) Exclusion zones shall be determined and defined by acceptable physical barriers and appropriate grating. Zones shall be a minimum of 20m by 20m (65.6ft by 65.6ft) in size and the physical barrier shall be a minimum of 3 metres (9.8ft) in height within the curtilage of the site. Height of tower (iv) The minimum height of self support towers/mast shall not exceed 45.72 metres (150ft) within urban areas. (v) All mast/towers over 30 metres (98 .4ft) must comply with the stipulation of the Civil Aviation Authority and Spectrum Management Authority. For roof top structures, the height of the building must constitute a part of the measurement. Signage (vi) Readily identifiable signage warning the public to "Keep Out", who the operator/s of the site are, their emergency contact numbers shall be posted at a conspicuous position at the site. Parking 1md access to site (vii) Sites must be adequately sized to accomodate the manoeuvering and parking of not less than 2 service vehicles on site. Access way shall be a minimum of 4.6m (15ft) with parking bays being 5.5 metres by 2.4 metres (18ft by 8ft) wide. APRIL 27, 2015] PROCLAMATIONS, RULES AND REGULATIONS 250M SCHEDULE, contd. Emissions (viii) Emissions from any apparatus associated with a base station shall confonn to Natural Resources Conservation Authority (Air Quality) Regulation, 2006. 2. INFORMATION A CCOMPANYING APPLICATION A. Consultation infonnation (i) Result of the consultation conducted by operators shall be submitted along with the application as an accompanying statement; (ii) The nature of the consultation undertaken for example, commu·nity meetings, serving of notice in the press etcetera; (iii) The time, date and place where the consultation was held must be stated; (iv) List of consultees. B. Site/Location (i) Coordinates to specify site location shall be provided at projection WGS 84 JA,02001.". C. NEW POLICY . On page 190v'00 under the heading "TELECOMMUNICATION" immediately . .I ' following "POLICY SP TELE 9" and above "GENERAL D�VELOPMENT POLICIES" insert the following: ., "The effects of radio frequency transmitted from cellular towers on the health of residents in their locale have been of great concern to individuals living in the relevant areas. Since studies in this regard have been inconclusive a precautionary approach has to be adopted in the siting of these facilities. It is important that discussions and consultations be carried out in these communities and there is some form of acceptance before development occurs which will be in accordance with Appendix 14. POLICY SP TELE IO Pre application consultation and discussion will be underta'ken between the local planning authority and the operator, school, communities, interested parties and any other relevant body before planning pennission is granted for any mobile device. 250N PROCLAMATIONS, RULES AND REGULATIONS (APRIL 27, 201 5 SCHEDULE, contd. POLICY SP TELE 11 The beam of greatest radio frequency intensity from a base station sited within or near retirement homes, educational and health facilities should not fall on any part of the grounds or buildings of the institution. POLICY SP TELE 12 Operators shall submit statements indicating compliance with World Health Organization guidelines for non ionizing radiation protection with each application before it will be considered by the local planning authority. Taking into the account the limitations imposed by the telecommunications network, planning pennission will only be granted if it can be shown that the proposal has a minimal effect on the surroundings. It is aw;o to be borne in mind that the construction of new developments can adversely affect the telecommunication services of others in the neighbourhood. The rights of adjacent landowners and the level of effect of the proposal on them will be assessed to ensure that they are protected. POLICY SP TELE 13 in considering applications the local planning authority will take into consideration the development rights of the subject land and that of the adjoining premises.". D-MAP CHANGE 1. On the Manchester Parish Development Order Area " Mandeville Local Planning Area (Inset 1 )" change the zoning for lands registered at Volume 1051 Folio 929 from "residential" to "mixed use (commercial/office)"/ Dated this 27th day of April, 2015. ROBERT PICKERSGILL Minister of Water, Land, Environment and Climate Change. PRINTED BY JAMAICA PRINTING SERVICES (1992) LTD .. (GOVERNMENT PRINTERS), DUKE STREET, KINGSTON, JAMAICA