Department of Physical Planning Regulations, 2011 (S.I. No. 4 of 2011)

EXTRAORDINARY OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY NASSAU 10th January, 2011 (A) DEPARTMENT OF PHYSICAL PLANNING REGULATIONS, 2011 Arrangement of Regulations Regulations PART I PRELIMINARY 2 2 1. Citation ................................................................................................................ 2 2. Interpretation ....................................................................................................... 2 PART II 3 CONSTITUTION OF TIm DEPARTMENT OF PHYSICAL PLANNING 3 3. Department of Physical Planning ........................................................................ .3 PART III 3 POLICY PLANNING DIVISION 3 4. Policy Planning Division ..................................................................................... .3 5. Land Use Plan Section ........................................................................................ .3 6. Zoning Bye-law Section ....................................................................................... 3 PART IV 4 DEVELOPMENT REVIEW DIVISION 4 7. Development Review Division .......................................................................... ..4 8. Site Plan Control Section .................................................................................... .4 9. Subdivision Section .............................................................................................. 4 10. Architectural Control 80ction .............................................................................. .5 11. Enforcement Section ........................................................................................... .5 S.l. No.5 of2011 PLANNING AND SUBDIVISON ACT, 2010 (No. 4 of 2010) DEPARTMENT OF PHYSICAL PLANNING REGULATIONS, 2011 The Minister, ill exercise of the powers conferred by section 6(5) of the Planning and Subdivision Act, 2010, makes the following Regulations PART I PRELIMINARY 1. Citation. These Regulations may he cited as the Department of Physical Planning Regulations, 20 II. 2. Interpretation. In these Regulations 'No.4 af2010 Page ·2 "Act" means the Planning and Subdivision Act, 20 10'; "Committee" means the Town I'lanning Committee appointed under section 5 of the Act; "Department" means the Department of PhYSical Planning established under section 6 of the Act; "Director" means the Director of Physical Planning appointed under section 7 of the Act. PART II CONSTITUTION OF THE DEPARTMENT OF PHYSICAL PLANNING 3. Department of Physical Planning. In accordance with section 6(3) of the Act, there shall exist two divisions within the Department of Physical Planning (al a Policy Planning Division; and (b) a Development Review Division. PART III POLICY PLANNING DIVISION 4. Policy Planning Division. The Policy Planning Division of the Department shall be comprised of (a) a Land Use Plan Section; and (b) a Zoning Bye-law Section. 5. Land Use Plan Section. (I) The Land Use Plan Section shall consist of persons within the Policy Planning Division who are directly involved in (a) the review of applications for Land Use Plan Amendment; and (b) the review and upkeep of tlle Land Use Plan. (2) The Land Use Plan Section shall review and produce a written report to be signed by the Director in relation to Land Use Plan Amendment applications and shall submit such report to the committee. (3) Where the Committee is of the opinion that policy advice and planning expertise is required, a representative of the Land Use Plan Section shall attend the Committee hearings. 6. Zoning Bye-law Section. (I) The Zoning Bye-law Section shall consist of persons within the Policy Planning Division who are directly involved in (al the review of applications for Zoning Bye-law Amendment and Minor Variance; and (b) the review and upkeep of Zoning Bye-laws. Page· 3 (2) The Zoning Bye-law Section shall review and produce a written report to be signed by the Director in relation to Zoning Bye-law Amendment and Minor Variance applications and shall submit such report to the Committee. (3) Where the Committee is of the opinion that policy advice and plmming expertise is required, a representative of the Zoning Bye-law Section shall attend the Committee hearings. PART IV DEVELOPMENT REVIEW DIVISION 7. Development Review Division. The Development Review Division oftha Department shall be comprised of (a) a Site Plan Control Section; (b) a Subdivision Section; (e) an Architectural Control Section; and (d) an Enforcement Section. 8. Site Plan Control Section. (I) The Site Plan Control Section shall consist of persons within the Development Review Division who are directly involved in the review of applications for Site Plan approval. (2) The Site Plan Control Section shall review and produce a written report to be signed by the Director in relation to Site Plan applications and shall submit such report to the Committee. (3) Where the Committee is of the opinion that policy advice and planning expel1ise is required, a representative of the Site Plan Control Section shall attend the Committee hearings. 9. Subdivision Section. (1) The Subdivision Section shall consist of persons within the Development Revision Division who are directly involved in the review of applications for Subdivision and Severance approval. (2) The Subdivision Section shall review and produce a written repolt to be signed by the Director in relation to Subdivision applications and shall submit such repOlt to the Committee. Page -4 (3) Where the Committee is of the opinion that policy advice and planning expertise is required, a representative of the Subdivision Section shall attend the Committee hearings. 10. Architectural Control Section. (1) The Architectural Control Section shall consist of persons within the Development Review Division who are directly involved in the review of applications of Architectural Design either within or outside of the area defined in the First Schedule to the Act. (2) The ArchitecMal Control Section shall review and produce a written report to be signed by the Director in relation to Architectural Design applications and shall submit such report to the Committee. (3) Where the Committee is of the opinion that policy advice and planning expertise is required, a representative of the Arcnitectural Control Section shall attend the Committee hearings. 11. Enforcement Section. (1) The Enforcement Section shan cousist of persolls within the Development Review Division who are directly involved iu the review of applications tor compliance with planning and related laws and Town Planning Committee decisions. (2) The Enforcement Section shall review and produce a written report to be signed by the Director in relation to violations, complaints or deviations in respect of approved applications and shall submit such report to the Committee. (3) Where the Committee is of the opinion that policy advice and planning expertise is required, a representative of the Enforcement Section shall attend the Committee hearings. Made this 4tb day of January, 2011. Signed EARLD. DEVEAUX Minister responsible for the Environment Page - 5