Physical Planning and Development Control Act (No. 25 of 2002)

Physical Planning and Development Control DANIEL CHARLES WILLIAMS Governor-General. Act 25 prov1swn for the control of physical ·gplnent, to continue the Land Development Authority, to , the preparation of physical plans for Grenada, to protect the I and cultural heritage, and for related matters. [ Gazetted 13th September, 2002]. .by the Parliament of Grenada ct may be cited as the · AL PLANNING AND DEVELOPMENT CONJJWL ACT 2002. Short title. ''"i ;t; unless the context otherwise requires ~ Interpretation. •p· ,ty'''means the body renamed as the Planning jr'Development Authority by section 5(1); ,{~~ ~ ; 477 478 Act 25 i'J Physical Planning and Development Control "building" includes any structure of whatever ma{ and in whatever manner constructed or an1:;f of a building and, where the context so ~el includes the land on, in or under whrc~' building is situated; ' "building operations" includes demolition .i: · rebuilding operations, structural alteratio other additions to a building ~nd any r9. drainage works preliminary or mc1dentaL, erection of buildings; · · "Committee" means the Natural an~ Cultural Advisory Committee esta:bhshed PUf~. section 46; "designation order'' me~s an order Authority under sect10n 46; "development", in relation ~o l~d, mea~s. the out of building, engmeermg, mmmg .. operations in, on, over or 1;111der land, th~ of any material cha~g~. m the use 0 buildings or the subd1vts1on of la.11d "enforcement notice" means a notice Authority under section 34; "engineering operations" . include the Ia . construction and mamtenance of ro culverts, bridges and retention s preparation of land for carry:m ,.;, development, the clearing and g1:-lbR1. earthworks, dredging, landfilling · reclamation; Physical Planning and Development Control Act 25 ':;/'Environmental Impact Assessment" means an examination, analysis and assessment of planned activities with a view to ensuring environmentally sound and sustainable development; 11'Head" means the Head of the Physical Planning Unit; ' "land" means incorporeal as '.vell as corporeal hercditaments of every tenure or description, and any interest therein, and also an undivided share in land, and includes land covered with water and land underlying the sea surrounding the coast within the limits of the territorial waters of Grenada; 'sted" in relation to a building, monument or site means included on a list compiled by the Authority under section 42; and "unlisted" has '' the correlative meaning; ~;o\i ,91, authority" means any local government body ,.,,which is established by or under the Constitution frJ)t laws of Grenada; : 'ngoperations" means the carrying out in relation to any mineral or substance (including oil and ~eothennaJ energy) in or under land of any ~btivity with a view to searching for, removing by .. · ~ergroW1d or surface working, canying away, tr~ating or converting that mineral, and includes rilieremoval of beach sand, quarrying, driHing and ,boring operations; 480 Act 25 Physical Planning and Development Control . . ,, the Minister for the tim~ be'' "Mm1ster means "bTty for plannmg I d With the respons1 I i c 1arge development; .. . · to anybm mg ' "ld' or land incl "occupier 'lU relak:JOn contractor or other any careta er, ak or engage • d to undert e authorm~ k in relation to the bu. undertakmg any wor s or land; . . building or land, I ''owner", in relat10~to ai~ortgagee not in poss person, ?ther t ~n a b in entitled to dis who is tor !he timeh e gf the building . ht t owners ip o . the ng o . . reversion, and I whether in possess10n or titled to the r a person holdin~ ?r en l d under , fi f a buildmg or an . pro its O . d term of wh1 agreement the unexpire . 10 years; ,, a plan showing tne "physical plan dmean1 used (whether by which Ian may e ·se) an t f development or otherwi b"' ou o t ay e by which such developmen m ';c . u 't'' m;~s a unit, \vl{ "Physical Plannmg Ill responsibl 11 d by that name, · . .. ca e . f thi Act and l implementation o s Ministry of the Minister; ,, s a ministry or de "public agency mean bo G ernment a statutory .· ov • . · hie governmental organ~zat10n "'; n d expertise and mfonnat10 :rposes of this Act; Physical Planning and Development Control Act 25 ''road" means the entire highway, road, street, footpath, passage or other way, whether public or private and whether a thoroughfare or not, and includes the carriageways, curbs, sidewalks, verges and other reservations; ''*e", ;u relation to a bu;Jding, ;ncludes the area of any ,. : · courtyard, outbuilding, yard or garden, whether u · enclosed or · not, occupied or intended to be occupied tl1erewitl1; "tutory u1idertaker" means any autl101ity, company " .or person empowered by any Act to execute or , construct authorized works orto carry into effect the purposes of that Act; }) '· dJO.tice" means a notice issued by the Authority under section 36; 1 i,;,;on ", ;n relat;on to laud, means tl1e d;vis;qo of ''iibypiece, parcel or lot ofland into two or more fieces, parcels or lots, by way of vesting order, artition order, conveyance, transfer or any other galinst:rument, for the purposes of succession, M;tgift, lease, mortgage or any otI1er purpose. hether or not the division involves building, gineering, mining or other operations on, over . l,!nder or a material change in the use of any of :P,i.~ces, parcels or lots of land and whether or : <lli;Y·. engineering or other operations are ,Sary or expedient for the Pllrpose of laying ;,,~. o.9:t in the manner in which it is being J~r•.·· ·,,·weans the Physical Planning Appeal ·:'alestabiished under section 28. 48] 482 Objects of the Act. Powers and duties of the Minister. Act 25 Physical Planning and Development Control 3. The objects of this Act are to (a) ensure that appropriate and sustainable us··· made of all publicly-owned and private owned land in Grenada in the public inter1 · (b) maintain and improve the quality of. r physical environment in Grenada, includ" (c) (d) its amenity; provide for the orderly subdivision ofland , the provision of infrastructure and services relation thereto; maintain and improve the standard ofbuild' construction so as to secure human health safety; (e) protect and conserve the natural and cultu~ heritage of Grenada. ' (2) This Act. should receive such purposive ari liberal co~1struction and interpretation as will best ensure tn attainment of its objects. ~ PART II ADMINISTRATION 4.--( l) The Minister must secure consistency continuity in the administration of this Act in accordance wj th~ objects set out in section 3. Physical Planning and Development Control Act 25 483 (2) The Minister may giveto the Authority directions general character as to the policy to be followed by the ority in the perfom1ance of its functions under this Act lthe Authority must give effect to those directions. (3) A direction given by the Minister to the Authority suant to subsection (2) must be made in writing and lished in the Gazette. ;~1) The statutory body established by section 3 of the continuation ot d Development Control Act (Cap. 160) as the the Authority. velopment Control Authority is preserved and continues in istence a<. a body corporate for the purposes of this Act, but o be known after this Act comes into force as the Planning d' Development Authority and is to be comprised in cordance with section 6. (2) Subject to this Act, section 49 of the terpretation Act (Cap. 153) applies to the Authority. (a) a Chairperson (who may be a public officer) appointed by the Minister; (b) an executive secretary (who may be a public officer) appointed by the Minister; (c) 3 other members appointed by the Minister from the private sector, with reference to the need for representation from the areas of business, finance, law, natural science, land surveying and architecture or engineering; Comp<Jsitinn of the Authority. 484 Act 25 Phvsical Planning and Development ' Control (d) (e} the following public officers as ex members (i) the head of the Physical Planning Ull (ii) the Environmental Protection Officer (iii) the Director of Housing; 2 senior public officers dealing with ·: following matters and nominated by ; . respective Ministers (i) agriculture; (ii) public works, as ex ojJicio members; (f) the manager of the National Water Sewerage Authority as an ex officio mem (2) The Chairperson and executive secretary and 3 members appointed under subsection (l)(c) are appoin for 3 years in the first instance but may be re-appointed. (3) The Authority may co-opt any person to hel in dealing with any matter if it is satisfied that the pers. qualifications or experience are likely to help the Au~o and any person so co-opted is entitled to take part 1 Authority's proceedings regarding that matter, but ma vote and must take no part in any other proceedings o . Authority. Physical Planning and Development Control Act 25 ;; ( 4) Without limiting subsection (3), when the ,t!1ority is considering a matter affecting the development Jand in Carriacou or Petite Martinique, the Authority must opt one or more persons representative of Carriacou and the Martinique to take part in its proceedings regarding that #er. · (5) The appointment of any member of the Authority dthe tennination of office of any person as such member ether by death, resignation, removal, lapse of time or 'erwise, must be notified in the Gazette. J:i~>: 1 (6) The Minister may at any time revoke the ,()intment of the Chairperson, the executive secretary, or a .. ber of the Authority appointed under subsection (I )(c) if or she thinks it expedient to do so on reasonable grounds. };' (7) Members of the Authority appointed under ,SJ~tion (l)(c) may be paid such remuneration and , \}'ances, if any, as the Minister detennines. ) ' 485 ',;d I) The Authority must meet at least once 'per month Meetings of the nes, at places and on days necessary or expedient for the· .Au!hority. saction of its business and meetings must be held at times .,laces and on days the Authority determines. j: t•(, , (2) A quorum for a meeting of the Autho1ity is any •· ngmem?ers, ~utif a member is disqualified from taking ;pie deli berat10n or decision of the Authority in respect I:matter, that member must be disregarded for the ~se of constituting a quorum for deliberating on or · ng that matter. 486 Act 25 Physical Planning and Development Control (3) The Chairperson presides at meetings of Authority at which he or she is present, but in the absenc the Chairperson a meeting must be chaired by a me. elected by the majority of the voting members present, (4) Jn case of an equality of votes on a question: meeting the person presiding at that meeting has a secori:d casting vote in respect of tliat question. (5) A voting member of the Authority must at'l commencement of a meeting inform the Chairperson of matter on the agenda for the meeting in which he or she either directly or indirectly, personally or by his or her spoui partner, business associate or company, any pecuniary business interest and that member must vacate the meeti room upon the relevant matter coming up for discussion :n the vacation of the meeting room by the member must' noted in the minutes of the meeting. ''.1 ( 6) A member of the Authority must not, eith directly or indirectly, except in the perfonnance ofa functi or duty under or in connection with this or any other wri . law or as required by any other legal duty, make a record of divulge or communicate to any person infonnati concerning the affairs of another person which the mem acquires by reason of his or her office as a member . ...,, (7) The Chairperson must call a special meeting1 be held within 7 days of receipt of a \,\ITitten request for t purpose addressed to the Chairperson by any 2 voti members of the Authority or by the Minister. (8) Minutes in proper form of every meeting oft Authority must be kept by the Secretary and confirmed byt Meeting at the next meeting of the Authority. T Chairperson and/or the Secretary should sign the minu· once confirmed. Physical Planning and Development Control Act 25 ,, . (9) The validity of any proceedings of the Authority (affected by any vacancy in its membership or by any iin the appointment of any of its members. (10) Subject to subsection (11), a decision of the 9rity is valid, even though a meeting of the Authority pot convened, if {a) proper notice of the proposed decision was given to all the voting members; and (b) it is signed or assented to by letter, telegram, telex, facsimile or electronic mail transmission by amajoriiy of voting members. . (11) lfany voting member has assented to a decision · J egram, telex, facsimile or electronic mail transmission i,, , .~mber's assent must be subsequently authenticated by · ;her signature. ·;1 . ( I 2) Subject to the foregoing, the Authority may ·· 1ate its own procedure. rv(l) The Head of the Physical Planning Unit is the chief Head of the 487 ,tive officer of the Authority and, subject to any general Physical . 'al di · Planning Umt ct rect10ns of the Authority, is responsible for · 'ng out the general policy of the Authority. (2) The Head signs and issues all notices granting or singpennission for the development ofland, enforcement Js, stop notices and other documents authorized by the . 'brity to be issued under this Act. :s Act 25 Physical Planning and Development Control aff of the uthority. 'o\.ver to lelega\c C-oordinatiun w\lh referral agencies. Limitation of personal Habllity. · (3) The functions conferred upon the Head by th\ Act, other than the powers mentioned in subsection (2), m;i be exercised by any member of the staff of the Authority w1~ is authorized to perfom1 those functions by the Head ,c;, writing. 9.-{1) TI1e staff of the Physical Planning Unit are deemE to be the staff of the Authority for the purposes of this Act" (2) The Authority may retain the services of expe· as short-term or long-term consultants and may pay them sue., remuneration as the Minister approves. '' 10. Subject to this Act, the Authority may delegate to an member or committee, the Head or any other person o statutory body the power and authority to carry out on it behalf such functions as the Authority determines. 'l 11.-( 1) The Authority must, not later than 3 months af1; this Act comes into force, after consultation with the relev'°' public agencies, formulate and submit for the approval'' Cabinet an administrative scheme for coordination betwe · the Authority and the public agencies in respect of t expeditious processing of applications. :;..:, (2) An administrative scheme approved by Cabine, pursuant to subsection (l) may be revoked or altered by{ revised scheme which has been prepared by the Authori,.1 after consultation with the relevant public agencies · approved by Cabinet. 12. Neither the Minister, any member of the Authority, person co~opted to help the Authority in dealing with. matter, the Head or any other member of the staff of Physical Planning andDeve-lopment Control Act 25 ority is liable in. any court for or in respect of any act or e~ done, or onutted to be done, in good faith in the :91se or pu~ported exercise of any function or power farred by this Act. PART Ill PHYSICAL PLANNING 489 .f,-(1) The Head must prepare a physical plan for the Duty tu preµarc 1e of Grenada. physical plans. (2) In preparing a physical plan for Grenada the may adopt, with or without variations, a physical plan Y '.11'ea of Grenada proposed by any person who has an s.t m that area, or by a community situated in or the local .nty for that area. !,1 .· (3) A physical plan prepared under this section ,e,s the approval of the Authority. .---( 1) A physical plan prepared or adopted under section contents of USt - physical plans. ]"; (a) set out prescriptions for the use ofland which represent the results of an integrated planning process; and (b) include all maps and descriptive matter n~cessary to illustrate the proposals made in it with such degree of detail as is appropriate to Grenada as a whole or the area of Grenada to which the plan relates. · (2) A physical plan may as appropriate .. ™-:.:t.L:i.'l•'''!',i!!!s. 3,4,~~~ ... .. . ~-. 490 Act 25 Phvsical Planning and Development Preparation uf physical plans. (a) (b) · Control. allocate land for conservation or fon, ' development for agricultural, reside,. industrial, commercial, tourism or'":'"· purposes of any class specified in the pla make prov1S1011 for the developmen infrastructure, public buildings, opens' and other public sector investment work 1 (c) provide for the matters set out in t,h{ Schedule. 15.-( l) In the course of preparation of a draft ph, plan the Head must (a) collaborate with any governm organization which has an interest i matters for which proposals may be ma. the plan, including but not limited ·ta. management of water and other n resources, Crown lands, the nattlr~, cultural heritage, environmental protl economic development, agriculture, ind·• tourism, commerce, urban developmen transportation; and (b) consult with any non~govern organization which has an interest in an .• matters. (2) Before finalizing the contents of a draft Jl · plan the Head must take reasonable steps to ensure ~ . ···------.• ~ Physical Planning and Development Control Act 25 491 (a) adequate publicity is given in the area to which the plan relates to the matters concerning which proposals will be made in the plan; and (b) persons who may wish to make representations with re.spect to those matters are invited and given an adequate opportunity to make representations on those matters. (3) In any case where a physical plan is concerned ,JIY or in part with an area governed by a local authority, .. ead must, before submitting the draft plan to the )er for approval, provide a copy of the draft plan to the lauthority for its consideration; and, if the local authority ,esto make any objections or representations in respect of plan, it must submit them to the Head in the time and ,.ff specified by the Head. . .~(l) When the Head has prepared or adopted a draft cal plan, the Authority must submit a copy to the Ster and make copies available for public inspection at its l$:Or any other places the Authority considers appropriate g the plan to the attention of persons who are likely to fected, directly or indirectly, by the proposals in it. iJo:::' (2) The Authority must publish in the Gazette and at . :Orte newspaper in general circulation in Grenada a notice · rp~aces where and times when the draft physical plan he ~nspected ~nd mu~t give such other publicity to the as 1s appropnate to inform the public in general, and ~.1'.'!lY,Persons whose interests are likely to be affected, . 'or mdirectly, by the proposals in the plan, of their fi.•mak:e representations to the Authority with regard to oposals in it. SL: a :m:&ec: zz. .La •••••.WL , &P .. t. ncw.1.. ···-.. ·---------·---·-··--- ----... ...,. ... ··· Approval of physical plans. 492 Act 25 Physical Planning and Development Control (3) Any person may, within 8 weeks after publicati in a newspaper of the notice referred to in subsection· ' make oral or written representations on the draft physical to the Authority. " (4) After the expiry of the period prescribe subsection (3) for the making of representations on a. physical plan, the Authority must consider the representa made and forward a report on them, together with it~. ,,I comments, to the Minister. (5) After considering the draft phr~~c~ · submitted pursuant lo subsection (1) and the Ati •·• report on representations from the public and its comm .. them submitted pursuant to subsection (4), the Mirtisf accept the plan, with or without modifications, or m'a' it. ( 6) If a draft physical plan has been sul:nnt, accepted by the Minister, with or without modifiy;t Minister must submit it for the approval of Parli"'' (7) When a physical plan is approved b Ytl{ resolution of Parliament, the Authority must cauSJ the approval to be published in the Gazette and·Jh, full force and effect from the date of such public''.; •. ~ -:~( (8) The Authority must make copi~s J'. 1' plan available for inspection at its offices ~4'. · public at a reasonable price. · Physical Planning and Development Control Act25 493 . • 7"""( 1) The Head may at any time c . , .roved plan and submit to th M" ~y out a review of Review and together with ro e llllste~ a report on the revmon of I h. p posalsforanyalterat10nsoradd"f approvedplans ,Han w lch appear to be ap . l Ions .s,, propnate. ,, ;''.;i,(2) ~ithout limiting subsection (1) th H d t once m every 5 , e ea must ·1 1 . years after the date on whi h P an comes mto ope t" . c a ' . c: • . . ra ion review and report o th ~1oresa1d. n e (3) The provisions of this Act with hon and approval of a . respect to the ry modifi t· physical plan apply with . ica wns to any pr l ti . to ru , oposa or alteration or , l approved plan made under this sectio ll, ~ I)··. " , , When a physical plan or an i~n, has been a ' . Y amendment to a Status of . · ,.,· pproved by Parliament • physical plan,. the Authority mu t k the la s. ri:a e the prescriptions of ·d t p. ~ a pnncipal consideration in e em1inmg any f · d l app tcatJon for pem1ission to eve op land in the area covered by the plan; J. '},th ,r;r . ,e ~o~ernment must be guided b th , 1 ;~ P,rescnpt10ns of the plan in the prep t~ e .· ., any bl· ara ton of : ,,, ,. pu ic sector development project or tqnProgramme to be funded i h 1 ·. fr p 1. , n w o e or in part :tn.t,:om ar tamentary appropriations. ' •€!• or more appro d h • · \ft:th . ve P ys1cal plans apply in •. · , 0 e same area and any · . · ,., fi d question arises as to ~~:.0r evelopmem of that area. 494 Permissi(Jn required lo develop land. Act 25 Physical Planning and Development Control (a) (b) the plan which shows the grea ter degi: detail prevails over the plan which sho\ lesser degree of detail; and .. le if the degree of detail of both pl: equivalent, the later plan has precedence the earlier plan, unless it expressly pro, 1 otherwise. (3) An approved plan remains in effect'' rescinded by the Minister by notice in the Gazette. PART IV DEVELOPMENT CONTROL 19.-(1) Notwithstanding any other law to the con but subject to section 21, no per~on may com1;11ence or), out the development of any land m Grenada w1thout the v.Titten permission of the Authority. · (2) Without limiting subsection (1 ), a perso . deemed to have commenced the development of land ( the contrary is proved, the burden of which lies on ~ny pe charged) if that person has commenced the laymg ? roads, the laying of water pipes, the clearing or levell:n land, the filling of ravines or swamps, o: the ~ons?'u~t1~ any building or any preparatory work wh1~h m1ght md1cal intention thereby to improve the land or mcrease its val make it in any way ready for any type of development j (3) The power of the Authority to grant permi to develop land under this Part includes po~er to . permission for the retention on land of any butldmgs or constructed or carried out thereon before the date application, or for the continuation of any use of .. Physical Planning and Development Control Act 25 495 1\ited before that date (whether without permission ted under this Part or in accordance with permission ,.t'ed for a limited period onJy); and references in this Part 1•", ·". • enniss10n to develop land and to applications for ission are to be construed accordingly. 'o;' '. ( 1) The following operations on or uses of land are for the purposes of this Act deemed to involve the 'i'opment of land (a) the carrying out of works for the maintenance, improvement or other alteration of any building, if the works affect only theinterior of the building or do not materially affect the external appearance of the building; (b) the carrying out by or on behalf of the Government of any works required for the maintenance or improvement of a road if the works are carried out on land within the boundaries of the road; the carrying out by or on behalf of the Government or any statutory body of any works for the purpose of inspecting, repairing or renewing any sewers, water mains, pipes, cables or other apparatus, including the breaking open of any road or other land for that purpose; the use of any building or land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such; Particular operations and uses which do not constitutt development. 496 Act 25 Physical Planning and Development Control (e) subject to any exceptions or limitation~ Minister by order prescribes, the use. of, land for the purposes of agriculture or foI; and the use for any of those purposes of building on land so used; and J (f) in the case of buildings or land tha~ are if for the purpose of any class prescn bed}. order made by the Minister under this se~.\1-, the use thereof for any other purpose of same class. (2) For the purposes of this Act (a) (b) (c) (d) the carrying out of building, mining or other operations in, on, ove under any land used for agriculture or !or . or the subdivision of any such land, mvoJ, development of that land; · the use for display of an adve11i sement of~ land or external part of a buildmg which~; not been previously used for that purpo involves a material change in the use of land or that part of that building; · "'"'' the use as 2 or more separate dwelling um,: any building previously used as ~ne dwel unit involves a material change m the us , that building; the accumulation of derelict vehicles, ( metal, refuse, spoil, mineral tailing~, slu,, effluent or waste or discarded material of Physical Planning and Development Control Act 25 kind on land involves a material change of use of that land, notwithstanding that any such material had previously been deposited thereon; ( e) the use of any land, other than land within the boundaries of a road, for the siting of any moveable or temporary building, including but not limited to a chattel building, mobile home, caravan, trailer, shipping container, multi party tent, vendor's stall, barrow or food van, whether equipped with wheels or not, involves a material change in the use of that land, ti--(1) The Authority may by an order (in this Act rred to as a "general development order") provide that the elopment of land of any class specified in the order is ; nitted and may be undertaken, either unconditionally or ·ect to any conditions or restrictions specified in the order, but the prior written permission of the Authority. ; ,, )i (2) A general development order may be revoked or '.i~s! by a subsequent general development order made by Authority, (3) A general development order made by the ority must be submitted to the Minister for approval and being approved must be published in the Gazette and jpto effect from the date of such publication. . "'.}\'".'. . Pcnnitted dt,elopment. ,,;,( 1) An application to the Authority for pennission to '!bp land must be made in triplicate on a form approved , e Authority and must be accompanied by Application for permission to develop laJJd. 497 498 Approval in 1>rindple. Act 25 Physical Planning and Development Control (a) (b) (c) (d) (e) a map sufficient to identify the land to wh it relates and such plans, drawings and o materials as the Head considers necess describe the development which is the subj of the application; a notice in writing signed by the owner o land to which the application relates, o agent of the owner, acknowledging that' owner has knowledge of and does not obj to the making of the application; any consent which the applicant is require, any law to obtain for or in connection witp; development prior to applying for:. permission of the Authority; ' if required by regulations made under thlf or by a practice direction given by the H.~ the certificate of a licensed land surve architect or engineer, as the case may be · evidence of payment of the prescribed ( ...l: ,-,,. '.i, (2) An application for permission to develop:} must be submitted to the Authority through the Phx Planning Unit. : ~. 23.--{l) A person who intends to apply for permissi undertake the development ofland may apply to the Au for approval in principle of the proposed development,/ preparing detailed plans. ·, l ~,. -4Wrn. ,4J z: ~lit)l.f:~f Physical Planning and Development Control Act 25 p; .. Ji!:• p) The Au thority may grant approval in principle, .;;wtthou t con~1tions, subject to the subsequent approval .~u!honty with respect to any matter being reserved . eta1led plans have been submitted, or may refuse to approval in principle. L. ' (3) Approval in principle granted under subsection not permission to commence development and the ,tmust comply with the provisions of section 22 (I) ., ;mch permission can be granted. . ('"• ·· ( 4) Approval in principle granted under this section e revoked, without compensation, if in the opinion of .. thority a situation has subsequently arisen which te.~ a danger to public health, safety or welfare. ,'..gr: j~(l) In addition to the infom1ation required by the tlon foh11, the Authority may in writing request the nt to provide any further information necessary to ·nf;! the application. ,(2) If such further information is requested by the Y:,}he application must be treated for the purposes of . 7 qs having been made on the date when the further :tin is received by the Authority. u;; {3) If the applicant does not furnish the further ion requested by the Authority within a reasonable t',c/rnthority may give the applicant notice that the ionc:annot be determined and has been cancelled; ~,, the Authority must return the cancelled ·on to the applicant. J(f) If an application is cancelled pursuant to A''(3); the applicant is not entitled to a refund of the onfee. R"quirement for further in formation. 499 500 Act25 Phpsical Planning and Development Environmental impact Assessmcat · Control 25.-~(1) In addition to requesting further , under section 24, the Authority may require an Environrr,t Impact Assessment to be carried out in respect o application for permission to develop land in Grt: including an application for approval in principle,jf proposed development could significantly affect environment. (2) Unless the Authority for good cause ◊th~'; determines. an Environmental Impact Assessment m . carried out in respect of any application for developmeri kind mentioned in the Second Schedule. (3) The Authority must not grant permission , development ofland pursuant to an application to whic section applies unless it has first taken the report, Environmental Impact Assessment into account. for ( 4) The Minister may make regulations pr{ (a) (b) (c) the criteria and procedures for dete whether a development is li~ significantly affoct the environment so Environmental Impact Assessment is r~ ·,,~! the procedures for settling the sco Yi Environmental Impact Assessmenf carried out by the applicant in resp~~ development; '· the minim.um contents of a Environmental Impact Assessment;,!i Physical Planning and Development Control Act 25 the qualifications, skills, knowledge or experience which must be possessed by persons conducting Environmental Impact Assessments for the purposes of this Act; the procedures for public participation in the Environmental Impact Assessment process and. public scrutiny of any report on an Environmental Impact Assessment submitted to the Authority; the consideration by the Authority of an application · in respect of which an ~nvirc'.nn1cntal Impact Assessment is required, mc~udmg the criteria and procedures for review of the report. u r ,(5) If the Authority notifies an applicant that an f~men~al Impact Assessment is required, the Physical 1 g U.rut and any ?ther public agency must, if requested "~f?hcant, enter into consultation with the applicant to .• ~~~ whet'.1er that age.ncy has in its possession any ~;ion which the applicant considers relevant to the , ti\'Jn of the Environmental Impact Assessment and, if :i,he agency should make any such infonnation .. 1 to the applicant and allow the applicant to take ereof on .Payment of the cost of making the copies, : :agency 1s not required to disclose confidential 1011'!0 the applicant. · <f)'If the A~thority issues a notice under this section : .. -th~ apph~ant ~at an ?nvironmentaJ Impact .-.ent 1s required, 1t must mfonn any agency or 50] 502 Act 25 Physical Planning and Development Control Determination of applications. department of Government having responsibility for the, of any licence, permit, approval, consent or other doc, of authorization in connection with any matter affecti development, and such agency or department must no the licence, permit, approval, consent or other docurn authorization unless it has been notified by the Authori the notice has been complied with and that the Authon( granted permission for the proposed development. 26.-( l) If application is made to the Authorit permission to develop land pursuant to section 22 Authority must have regard to the provisions of the ph plan for the area within which the land is situated, if an to any other material considerations and may grant perrri either unconditionally or subject to such conditioni thinks fit, or may refuse pe1mission. · (2) The Authority must give the applicant ho writing of its decision and, in the case of an applicati permission to develop land, if the Authority decides t permission subject to conditions or to refuse it, thet must state the reasons. (3) If after consideration of the appliq. examination of any plans submitted with it, the considers it desirable so to do, it may refer thi:: pk{ applicant for amendment"'and, if it dot'.S so, the r 1 time for giving its decision on the application is suspe the purposes of section 27 until the amended pl resubmitted by the applicant. ,Jt (4) If the Authority grants perm1ss1q conditions to any person to undertake any developt Authority may if it considers it necessary enter) i arrangement or. agreement with the person in ord~ effect to the conditions. ,~ Physical Planning and De ' l C ie opment ,antral Act25 . , (5) Tl1e Authorit y,1.de a bond or an y may require any devel . rmance . , y other instrument f oper to ss . , m such sum as th o . guarantee of 1 ary to g1ve effect to e J:\U~1onty consider' opment. any perm1ss10n to undertak: (6) Notwithstandin . . that m~y be done u1~d:rubsect10ns (3) and ( 4) and Jt))e revoke zts permi . them, the Authority m y t th ss1011 to develo tl I ay at hea: th ereof,. witliout compensatio 1e fand in que~tion e permission to develop th I n,d,. any condition ; , e an is not complied /i .-(I) If an application fo . . }1 qm~e to the Authoritv r perm1ss101~ to develop land . . PJl within 90 d ". , , the Authonty must . . Lrn:1uarion ·• '· ays 1rom the d give lts penod ,t~wn or any further period ate of receipt of the en the applicant and the AuthoaJ; ed upon in writing ; , (2) l[nless the Authorit, o· · .. ~~es~nbed by or agreed ~;~;es its dec'.s10n within the ,~Ibies m relation to the appli: :.ubsect1?n O), section ~· · Y the Authority. a 1011 as if 1t had been , : 1) If pem1ission for the d Jby the Authorit o . evelopment of any land is . 1to conditions th y, r 1S granted by tl1e Autho ·1 Right of appeal. 6f notice or't11ee ~PP 1~ant may, within 30 days fr~ y ,al Planning Appeal 'fe~b1s10n, appeal in writing to thm , al n unal sett· e . ' mgoutthegroundsof ,J2}1'he Tribunal consists ofnot I ff1 b1!11e Minister, of whom es~ than 3 members •: ,,~,ct1t1oner of not less than 1 g1e chairperson must be , years standing: 503 504 Effector pennission. Act 25 Physical Planning and Development Control (3) Members of the T~bunal arc appointed years but are eligible for re-appointment. , ( 4) The Minister must designate a public offi secretary to the Tribunal. ' (5) The appointment of the members of the Tri; and the termination of office of any member, whetb death, resignation, removal, lapse of time or othenvis. ·. be notified in the Gazette. • · (G) The Authority must pay to each ~ember Tribunal such remuneration and allowances, 1f any, a Minister determines. (7) Before determining an appeal referre~ to i\ this section, the Tribunal must, if either the applicant,,, Authority so desires, give each of them the opportuq. appearing before and being heard by it. (8) If an appeal is duly made to the Triblll).. Tribw1al must give its decision within 90 days from th. of receipt of the appeal or any further period approved:>, Minister. (9) The decision of-the Tri~u?al ~n m~y- .a refened to it must be conveyed to the M1mster m wntrn. the Minister must by notice in writing inform the app and the Authority of the decision. ' (10) The Tribunal's decision on any appeaH 29. Without prejudice to the provisions of this 1: .,. the lapse, modification or revocation of any perm1s~~ develop land, such permission, unless the not1c . Physical Planning and Development Control Act 25 505 /i.on provides otherwise, enures for the benefit of the .. erncd and of all persons for the time being interested d. l ., I) If permission for the development of land is not 'arid used within a period of 12 months from the date )t wa<.; granted, it lapses. ''(2) A person who intends to carry out a development ,permission has been granted must give notice to the · of the date on which the development will If, after the date specified in a notice of , pement given pursuant to subsection (2), the tyis not satisfied that the development has been ·t,ially commenced, it must notify the person from the commencement notice was received that the ion will lapse by a specified date if the development J'.1menced to its satisfaction before that date. Hl"' i ,@ If a development ( other than a development by a material change in the use of any land} is not ted within 30 months after it is commenced, or such jod as is specified in the notice granting permission, ji~ion lapses without prejudice to the status of such ,Jputted works as are then complete. . {?) When the Authority has been notified in writing . ~:~yeloper that pennitted building or engineering ·~:w · have been completed, the Authority must certify · ' 'the works have been completed in accordance with ission granted for that development. When permission lapses, 506 Act 25 Physical Planning and Development Control (6) If penmss1on has been granted for 11 development of land by way of subdivision and'! undertaking of engineering operations in relation thereto, parcel of land within the approved subdivision ma¥ granted, sold, let or otherwise transferred to any perso , any purpose whatsoever, unless a completion certificat, been issued under this section in relation to the appro engineering operations. (7) All constructions sites must have a Billod' stating the name of the contractor, the applicant name, application number, date construction commence. .,, De:elopmentto 31.-(1) Whenever plans have been submitted 1?, ~,~1;~ :;;~;i:~ce Authority on an application for permission to develop) plans and such permission has been granted, the development \ be carried out in accordance with the plans and any condt!I imposed by the Authority. (2) The Head may approve minor variations t. approved plan which do not alter or affect the t~~s conditions of the permission granted by the Authonty 1~ 3 material respect. (3) It: before or during the course o'; development of land, the developer finds thar, impracticable or uneconomic to carry out the developm confonnity with the plans as approved by the Authorit · developer may apply to the Authority for permission to 1 a the plans and the Authority may grant or refuse pennis~.~~ the amendment, or may return the plans to the develop further amendment. ,.,.,,,,.... .. ....,,.i Physical Planning and Development Control Act25 1 , ,· ( 4) If the A~thority refuses permission to develop ,din accordm:ce with plans amended as in subsection (3). 1~~.ust ~t the time of the r~fusa! give to the applicant i~ t!ng its :easons for refusmg, in which case section 28 1)hes as in the case of an original application to the thonty. ( ~;-(1) ~1:1bject t? this s~ction, if it appears to the Modification or 1sterthat It 1s expedient, having regard to national security revocati on of e gene ral eco~omic policy of the Government or any permission r matenal cons1derat10n, that any permission to develop 1grante d by the Authority should be modified or revoked Authority must by .wi:itten notice to the person entitled t; , nefit of the perm1ssrnn revoke or modify the permission yelop land to the extent the Minister directs. 1; (2) Th~ P?Wer conferred by subsection (I) to modify ?oke perm1ss10n to develop land may be exercised (a) if th~ pcnnission relates to canying out bu1ldmg or other operations - at any time before those operations have been completed;\ (b) if the permission relates to a change of use of any land - at any time before the change has taken place, . e Il:lodificat!o~ or revocation of permission for the mg out of bu.Ildtng or other operations does not affect 'those permitted operations that J1ave been previously ~ out. , (3) A person who has incurred expenditure in • .. , , out work t~at is ren~er.ed abortive by the ,9~bon or revocat10n of perm1ss10n under this section ; Iflg any expenditure incurred in the preparation of plan; 508 Act 25 Physical Planning and Development Control "lcservation of ,pen space. or upon similar matters for the purposes of or preparato such work, or who has otherwise suffered loss or directly attributable to such modification or revocati9 entitled to adequate compensation in respect o(i expenditure, loss or damage. (4) No compensation is payable under subsection ( respect of loss or damage consi~ting of the depi:eciat! value of any interest in land by virtue of the mod1ficat1 revocation of permission. 33.~(1) The Authority may, as a condition subj which permission is granted to develop land, reqt;1i developer to provide, as part of the development progr, :i land reserved for public recreation or as an open space .. (2) If the Authority requires land to be reserv,, public recreation or as an open space in accord~ce'.! subsection ( 1 ), the land must be converted to and mamt by the developer for the purpose for which it was reserve compliance with any conditions subject to whic permission was granted. (3) Any land that has been reserved by the Au for public recreation or as an op~n space may be acq~~ the Crown compulsorily in accordance with the prov1si the Land Acquisition Act (Cap. 159), except •th compensation payable in respect of land acquired uri section must, in the absence of agreement, be· a assuming its use to be for public recreation or as': space and its potential development value to be ncsl 1 ,.,,.,, ( 4) A completion certificate must not bd{ respect of any development to which this section until- · Physical Planning and Development Control Act 25 the developer has converted the land reserved for public recreation or as an open space to the purpose for which it was reserved and the Authority is satisfied that the arrangements made by the developer for the continued maintenance of the land comply with the conditions subject to which pennission was granted; or the land has been vested in the Crown. 1(5:) The Crown may place any land acquired pursuant 'ction under the management of a statutory undertaker to ensure the preservation and use of the land for the for which it was reserved. PART V ORCEMENT OF DEVELOPMENT CONTROL 1) If it appears to the Authority that " any development of land has been carried out after this Act comes into force without any pennission required under this Act; or the developer has not complied with any condition subject to which permission was granted with respect to any development under this Act, ·j,.-: ·)y!1iay, if it considers it expedient to do so having i~,provisions of any development plan for the area, ,,other material considerations, within 4 years of the ,...,,.,.., .,., ,.,... .,. ---- .... 510 Act 25 Phvsical Planning and Development · Control development being carried out or, in the case of compliance with a condition, the date of the alleged fail " comply with it, serve an enforcement notice on the owner occupier of the land. · (1) (2) An enforcement notice issued under subse (a) must specify the development that is alle to have been carried out without pennis or the matters in respect of which it is all that the development does not comply the conditions subject to which pennis was granted, as the case may be; ,, ,, ,,. (b) may require the steps specified in the not' be taken, within a period specified restoring the land to its condition b development took place or for sei;:,. compliance with the conditions, as the may be, including, but not limited to - ., (i) the cessation, demolition or variati any building, engineering, other operations; (ii) the discontinuance of any use of l (iii) the carrying out of any bu· engineering or other operations. (3) An enforcement notice must be served~ than 28 days before it takes effect and, except as ot provided in this section, takes effect at the expirati~~ period specified in it. · · · . ., . , . ...,. ................ Physical Planning and Development Control Act 25 , (4) The fact that the Authority fails to serve an ·forcement notice on either of the persons mentioned in bsection (1) does not invalidate any proceedings under the orcement notice against the other of those persons. (5) If, before the enforcement notice takes effect, an lication is made to the Authority for permission for (a) the retention on land of any buildings or works to which the enforcement notice relates; or (b) the continuance of any use of the land to which the enforcement notice relates, operation of the enforcement notice is suspended pending determination of that application and, if the pennission lied for is granted by the Authority, the enforcement ice does not take effect. ( 6) If, before the enforcement notice takes effect, an al is made to the court under section 35 by a person on :m the enforcement notice was served, the operation of the Jcement notice is suspended pending the final #nination or withdrawal of the appeal. j, (7) Compliance with an enforcement notice does not ftiarge the enforcement notice. (8) The Authority may at any time revoke an .cement notice without affecting its power to serve · P,t enforcement notice in respect of the same alleged . h of the provisions of this Act. 511 . ....,-~ ................ .....,,.. 512 Act25 Physical Planning and Development Control Right to appeal against enforcement (9) If the Authority revokes an enforcement noti under subsection ( 8), it must serve notice of the revocation1• every person on whom the enforcement notice was served,: 35.~( 1) A person upon whom an enforcement notice h been served who is aggrieved by the enforcement notice, tn at any time before the enforcement notice takes effect, app · against the notice to a magistrate's court having jurisdicti over the place within which the land to which the not relates is situated. · (2) On an appeal under subsection (1), the co ( a) if satisfied that permission was granted fo. development to which the notice relat~ that no such permission was requi respect of that development, or the cond· subject to which permission was grante · been complied with, as the case may he quash the enforcement notice to whi appeal relates; or (b) in any other case, must dismiss the ap'" (3) If an appeal is dismissed by a magistrate pursuant to subsection (2)(b ), the court may direc( enforcement notice does not take effect until a date,) than 28 days from the date of determination of the a court thinks fit. ( 4) A person aggrieved · by a magistrate's court under subsection (2) may app that decisjon to the Court of Appeal. Physical Plannincr andD,, I ".; ne opment Control Act 25 '1.' 36.-( I) If the Authority has s Hh respect to any land but ~rved. an enforcement notice efore the expiry of th; pe .c~ns;l ers It expedient to prevent ~~ notice, the carrying ou;~ a o~ed for compliance with .tlce relates, the Authority !:he development to which the pect of that land, prohibitin y also serve a stop notice in ed :from carrying g any person on whom it is · · on or conttnu · )rations on the land which • mg any specified (a) are alleged in the enfor , . been carried out with~~ment n?h~e to have breach of the co d'f t per~1ss1on or in pennission was gr::e1do·ns subJect to which , or are so closely associated . h as to constitute . b wit . tliose operations operations. sti stantial/y the same (l) A stop notice served d a. r.eference to a11d h un er subsection (1) must . . ave annex d t . ment notice previously 'serv e . o it a copy of, the ment to which the 11ot· l ed in respect of the 1ce re ates. ~3}A stop notice may be served b . ,.n who appears to have a . y th~ A uthonty on eliltes or to be con d n i.nterest m the land to tions on the land. ceme "Wlth the carrying out of ~-,t\ st0P notice takes effect . fprejudice to subsection (6)on its date of service . . , ceases to have effect f ""c ~r Ti pertnission is granted for the . il~eve1opment to which th .c. retent10n of !he relates· e eniorcement notice , 513 Stop notices. 514 Act25 Physical Planning and Development Control (b) (c) the enforcement notice to which the stop' notice relates is revoked by the Authority,~ quashed by the court; or the Authority enters upon the land pursuant section 38. (5) A stop notice is not invalid by reason that t enforcement notice to which it relates was not ~roperly ser: on the owner and occupier of the land as requned by sect10 "4 if it is shown that the Authority took all such steps as we j ' . , reasonably practicable to effect proper service. (6) The Authority may at any time revoke a S\ notice without affecting its power to serve anoth~r ~top n?h, in respr;ct of the same alleged breach of the prov1s1ons of tl, Act (7) If the Authority revokes a stop n.otice UA, subsection (6), it must serve notice of the revocation on ~Y person on whom the stop notice was served. · (8) A person who at the time a stop n?tice . served had an interest in the land to which it relates ~s ent1 to compensation in respect of any loss or ~amage, 1~clud any sum payable for breach of contract, ?trec tly attr1b~ta to compliance with the prohibition contained m the not19, the stop notice ceases to have effect in any of the foHow circumstances (a) the enforcement notice to which the notice refers is quashed on the gro. specified in paragraph (a) of section 35( Physical Planning and Development Control Act 25 (b) the enforcement notice is revoked by the Authority otherwise than in consequence of the grant by it of permission for the development of land to which it relates or for its. retention or continuation without compliance with the condition or limitation subject to which it was permitted, as the case may be; or ( c) the stop notice is revoked. 515 .?-~ l) If within the period specified in an enforcement Power to enter ti i h f1 1 · d , . · land and execute se,'. or sue urt 1er peno as the Authonty allows, any remedial works. . required by the enforcement notice to be taken ( other '.tl1e discontinuation of any use of land) have not been , the Authority may by its staff or contractors enter upon A and take those steps and may recover as a debt in any /l!lY expenses reasonably incurred by the Authority for . ,;purposes from the person who is then the owner of the (2) A person who obstructs or interferes with the }s: by the Authority of the power vested in it by k~,yn (1) commits an offence.and is liable on summary S9()n to a fine of$1,000. ....... ,. ;.;; i\ . ,(3) In any proceedings for the recovery of expenses t by the Authority pursuant to subsection (I), a ' J who was entitled to appeal to the Court under '5but who failed to is entitled to dispute the validity tion taken by the Authority under subsection (1) on . Und that could have been raised in an appeal. 516 Act 25 Physical Planning and Development No11-compliance with enforcement of stop notice · Control ( 4) All expenses incurred by the owner or occ of any !and for the purposes o~ coml?lying wit! enforcement notice served under sect10n 35 m respect o development, and any sums paid by the own.er of the 1 the Authority in respect of the expense s mc~rred bJ Authority pursuant to subsection (1) ofthts sect10n, are to have been incurred or paid for the use and at the reque the person by whom the unauthorized development canied out. (a) (b) an enforcement notice has been serv~d person who was, when the enforcemetl~, was served on that person, the owner,, land to which the notice relates; and ·. ;, within the period specified by the noti such fmther period as the Authority's] any steps requin:d by the enforcemenflf to discontinue any operations or to rem. demolish or alter any buildings or other w on that land have not been taken, that person, whether or not still the owner of th,i1l commits an offence and is liable on summary conv1cf1:9: fine of$ l 0,000 and, in the case of a continuing off enc, further fine of $500 for every day after the first day .·. requirements of the enforcement notice were not m,e\ (2) A person who carries out any oper~~ reinstate or restore buildings or other works that hav. demolished or altered in accordance with an enfo · notice commits an offence and is liable on s · · conviction to a fine of $10,000. Physical Planning and Development Control Act 25 . , (3) If, by virtue of an enforcement notice, any '.tions are reqmred to be complied with in respect of the ng out. of any op~rations on any land, a person who, the n~tice takes effect, carries out or causes or permits operat10ns to be canied out in contravention of the wement notice commits an offence and is liable on i.nru:rconviction to a fine of$10,000 and, in the case ofa numg offence, lo a further fine of $500 for every day the first day that the operations are so continued. u • ( 4) I( by virtue of an enforcement notice any use of is.to be ~is~ontinued, or any conditions are re~uir~d to be hed \.Y Ith m respect of the use of land, a person who, : he notice tak~s effect, uses the land or causes or permits 1d to be used m contravention of the enforcement notice ' :its an offence and is liable on summary conviction to a of$ I 0,000 and, in a case of a continuing offence, to a 'r fine of $500 for every day after the first day that the 'so continued. . (5) A person on whom a stop notice has been served 'Fies out , ?r causes or permits to be ca1ried out any ~f?s prohibited by the notice, commits an offence and le on summary conviction to a fine of $I 0,000 and, in se of a continuing offence, a further fine of $500 a dav 19: day after the first day on which the offenc~ .·•,r., Jn addition to any other remedy provided by this Act thority may in any case that it thinks fit institute a civii ·?·~ injuncti.on to prevent any person from violating '(1s10ns of this Act, or to enforce any enforcement ·i.;,r stop notice, whether or not it has exercised or .· s to exercise any of its other powers under this Act. Injunction, 517 518 Act25 Ph,vsical Planning and Development Control PART VI CONSERVATION OF THE NATURAL AND CULTURAL HERITAGE Aulhority to 40. The Authority functions as the national service fof protect the l natwal and identification, protection, conservation and rehabilitatidti cuHurnlllcritage. the natural and cultural heritage of Grenada in accord ,· Establishment. composition and ftmction of Advisory Committee. with the United Nations Educational, Scientific and Cuttu Organisation's Convention for the Protection of the Wo Cultural and Natural Heritage, to which Grenada is a part 41.~-(1) There is to be established a committee t called the Natural and Cultural Heritage Advisory Commi, to act in an advisory capacity to the Authority on all ma pertaining to the protection of the natural and cultural heri of Grenada. (2) Without limiting subsection (1), the functio., the Committee are to advise the Authority with respect t (a) (b) (c) the compilation, adoption or amendmen, lists of buildings, monuments and siW, prehistoric, historic or architectural m~r/ interest; . ..,,. the issue of interim preservation orders fo urgent protection of unlisted builct monuments and sites of prehistoric, hist? architectural merit or interest; · the determination of application:S permission to alter or demolish anyc: .. building or monument or to disturb any site; Physical Planning and Development Control Act 25 (d) the compilation or amendment of lists of places of natural beauty or natural interest and the declaration of any such area to be an environmental protection area; (e) the detem1ination of applications for the development of land within environmental protection areas; (f) the inc~rporation of the protection, conservat1011 and rehabilitation of the natural and cultural heritage into planning policy at the level of local, regional and national development plans; (g) the prep3:ation of plans for the protection, conservat10n an~ reh.ah~Iitation of buildings and groups of buildmg of historic or arc~itect.ural merit or interest, including the des1gnat10n of peripheral protection belts or buffer zones and the conditions for the use and development ofland in such areas· , (h) the designation of Heritage Conservation Areas to protect groups of buildings of historic or architectural value· , (i) the determination of applications for the ~onstru ction of new buildings on land situated · 1~ ~~ntage Conservation Areas or in the v1crn1ty of listed buildings or monuments or on listed sites; ' (i) the issue of abatement notices for the preservation of amenities; and 519 520 Act 25 Phvsical Planning and Development · Control (k) the regulation of outdoor advertising. · t f the Head 1 ('\) The Committee cons1s s o . . . Chairpcrs;n, and not more than 9 other persons appomted the Minister of whom (a) (b) (c) (d) (e) (f) (g) (h) (i) one must be a senior officer of the Mini responsible for cultme; . ·t be a senior officer of the Mini one mus ' responsible for tourism; • .. one must be a senior officer of the Mini responsible for fisheries and torestry; " ·t be tl1e chief executive officer of. one mus National Parks Authority; one must be a representative of t~c Gre , National Trust and Historical Society; . one must be a representative of the ~; Redhead Foundation; one must he a'°representative of the Grc Society of Architects; t be a representative of the Gr· one mus · " . . d Institute of Professional Engmeers; an · .. •· must be . a perso11 appointed ,.·, one . . 1 . consultation with the pn~c1pa • overnmental organfamtions involve g . . .. community service act1v1t1es. Physical Planning and Development Control Act 25 (4) Every member of the Committee, unless that ber' s appointment is sooner tenninated by the Minister, at member sooner dies or resigns by notice in writing to inister, holds office for 3 years from the date of his or ppointment, but is eligible for reappointment. (5) The Authority may pay to each member of the ittec such remuneration and allowances, if any, as the ster determines. (6) The Committee may act notwithstanding any cy in the number of members constituting the ittee. (7) The Committee may regulate its own procedure. ~rl 1) The Authority, on the advice of the Committee • Listing of ;. buildings, :: '·: monuments (a) may compile lists of buildings, monuments and sites and sites of prehistoric, historic or architectural merit or interest; may adopt, with or without modifications, any such lists compiled by the Grenada National Trust under the National Trust Act (Cap. 207); and may amend any such lists from time to time. n:(2) Before compiling, adopting or amending any list is section, the Authority must take reasonable steps to hat adequate publicity is given to the proposed listing of any building, monument or site; 521 522 Effect oflisting. I Act 25 Physical Planning and Development Control (b) the owner and occupier of the building or I and any other person who wishes to make objection or representation with respect,t proposed listing of any building, monwne site, is given an adequate opportunityto,q (c) and any objections or representations mad~t respect to the proposal are taken into ac . in deciding whether the building, monu .. or site should be listed. · (3) As soon as practicable after a list h~ ,, compiled or adopted under subsection (I), or any amend to a list have been made, the Authority (a) (b) must serve on every owner and occupi every building, monument or site inclu~ the list a notice stating that the bml. monument or site has been included i removed from the list, as the case may be must publish any such list or amendm~ the Gazette. 43.-{l) No person may execute or cause or penni~. executed any works for the demolition or alteration building or monument or disturbance ?fa site in~lud list compiled or adopted under sect10n 43 which seriouslv affect its character, whether or not such would o;dinarily constitute pem1itted development und. Act, unless - ·. ,{ (a) notice of the proposed works is given Authority at least 2 months before the,; are commenced; · Physical Planning and Development Control Act 25 (b) the Authority has granted its consent in writing, unconditionally or subject to such conditions as it sees fit, for the execution of the proposed works. (2) When the Authority receives notice of any . sed works under subsection (1 ), it must as soon as ticable send a copy of the notice to the Committee for its sideration and comments. (3) Subject to subsection (4), a person who executes •,~ auses to be executed any works for the demolition or e'tation ofa listed building or monument or the disturbance a Hsted site for which the Authority has not granted il<; . ent under this section, or in breach of any condition ect to which the Authority granted such consent, commits o,ffence and is liable on summary conviction to a fine of 0,000 and 18 months imprisonment. ... (4) Nothing in this section renders unlawful tl1e )tion of any works which are urgently required in the ests of health or safety or for the preservation of the ~ing, monun:ient or site or of neighbouring property, ide~ that notice thereof is given to the Authority as soon racticable after the necessity for the works arises. t:~1) ff it aR~ears to the Authority to be expedient to ie,111rgent prov1s10n for the preservation of any unlisted }ng, monument or site, the Authority may for that se by an order (in this Act referred to as an "interim rvation order") published in the Gazette restrict the j,tion, alteration · or extension of that building or ;, ~nt or the disturbance of that land. ,1,.•.;l; ' (2) An interim preservation order must Interim pre~ervation orders. 523 524 Act 25 Physical Planning and Development · Control (a) (b) (c) specify the building, ?ro~p of. b~ilding momuncnt or site to which it apphes, state the effect of the order and the date which it comes into force; and · invite the owners and ~ccupiers of •it property to which it a~phes ~o make., objections or representat10ns w!th respe~ the order within 28 days after it comes l force. (3) A copy of an interim preservation order mu? (a) (b) affixed in a prominent place on the building or site which it applies; and , \.! served on every owner and occupier/(, propeity to which it applies. , (4) An interim preservation orde~ rem~insi for a period of 90 days and ceases to have effec~ a\ ti\ that eriod unless the building, monument ~r site o Ip . 1. t d by the Authority under section 43 ,b, app 1es 1s 1s e · end of that period. . . . £ (5) If an interim preservat10n ~rder is in,'" respect to any building, monu'.nent. or s1te, ~h!! th~fj this Act have effect in relat10n ~o it as if ·,,t, monument or site were a listed buildmg or oth~r or site. ( 6) If, after an inte:im preservati~p 91.l . d the Authority decides not to hst ..t issue , - . d - l tes monument or site to which the OJ."\ er ie a ?,A Physical Planning and Development Control Act 25 525 . u.st not serve a ~-esh interim preservation order with respect )he same building, monument or site for at least 12 months ~er the date when the previous notice ceased to have effect. , (7) If any works have been carried out in 'tltravent~on of an interim preservation order, the Authority ;Y requzre t!1e restoration of the affected building, r-ument or s1.te to its former state at the expense of the , er of the building, monument or site. ·145.-(I) Every owner and occupier of a listed building, nument or site is responsible for the conservation and bilitation of it. Conservation and preservation of listed buildings, monuments . . (2) The Authority must, as far as practicable, assist owners and occupiers oflisted buildings, monuments and s in procuring financial and technical assistance for the /ses of the conservation and rehabilitation of them, and sites. (3) The Authority may serve on the owner or Jer of any listed building, monument or site a notice 'ng specified steps to be taken to conserve or ilitate the building or land within a specified time. (4) If the owner or occupier of a listed buildinn . ~ , ent or site neglects or refuses to comply, within the fird time, with the requirements of a notice served ·, · tto subsection (3), the Authority may by its staff or contractors, enter upon the premises and take the steps required to conserve or rehabilitate the building or land and recover as a simple contract debt in any •.court any expenses reasonably incurred for these purposes from the owner of the land; or 526 Heritage Conservation Areas. Act 25 Physical Planning and Development Control (b) compulsorily acquire the building or land T accordance wi!h the provisions of the L~ri,,: Acquisition Act (Cap 159). · ,L, 46,--( 1) The Authority, on the advice of the Commi~ 1 ~~ may, by order published in the Gazette, desi~a te any i~, containing a grnup of separate or connected bmldmgs ~~~ because of their history or architecture, their homogene1 ., their place in the landscape, are of outstanding univer value, including such other land in the vicinity of that&[~, of buildings as is necessary to provide a peripheral protec( 1 • belt or buffer zone, as a Heritage Conservation Area. (2) Before making an order to designate any areij a Heritage Conservation Area pursuant to subsection (l)t Authority must take reasonable steps to ensure that (a) (b) (c) adequate publicity is given to the designation of the area; the owners and occupiers of buildings and l· the area and any other person who wish make any objection or representation with re to the proposed designation of the area, are an adequate oppprtunity to do so; and any objections or representations mad .. · respect to the proposal are taken into acco deciding whether the area should be desig ·•: (3) The Authority must, from time to time: fo ; and publish proposals for, Heritage Conservation/ including conditions for the use of buildings and lfil1i than listed buildings, monuments and sites within the ' Physical Planning and Development Control Act 25 ch proposals must be in?orporated into the physical plan for .·.·part of ?renada ID which the Heritage Conservation Area · ocated, tf any. 527 7.----(I) The Authority, on the advice of the Comm'tt Protectiunof C · 'I d d fj · 1 ee, na1ural areas omp1 e an amen ;Om tun~ to time lists of places of · ra1 beauty or natural mterest, mcluding submarine and en-anean areas, and their flora and fauna, not being (a) set aside as forest reserves or sanctuaries for wildlife under any enactment; (b) designated or declared as national parks or protected areas under any enactment; or (c) regulated as marine protected areas under any enactment. (2) If.the Autho?ty is of the view that it is desirable ford spe~ial protect10n to any area on a list compiled ,subsection (1 ), the Authority may by order published in .:~zette declare that area to be an environmental ct1on area .. r, (3) B~fore making an order pursuant to subsection .··• · : uthonty must take reasonable steps to ensure that adequat~ pub!ic~ty is given to the proposed declaration w1th111 the area which it proposes to protect; persons who may wish to make represe~tations. wi!h respect to the proposed declarat1?n are mv1ted and given an adequate opporturuty to make representations on the proposal; 528 Act 25 Phvsical Planning and Development · Control (c) any representations made ~n .the propra taken into account in dec1dmg whet .. order should be made. , ( 4) An order made under subsection (2) may.'" (a) (b) (c) (d) (e) · out withit authorize the carrying . • · . nmental protection area of any, envno .i:- . th protecfr that are expedient io~ e . rehabilitation of the environment m th . that an environmental , require . t assessment be carried out m r~sp~c to application for development withm . . t or prohibit developm restnc "fi d lass development of any spec1 ie c . ' area; ·I 'd for control of the use of!. prov1 e ( · the area for the purposes o . ij forestry or fisheries; restrict or pro~ibit the entry of pers area or the rr"rnvement of per~f carrying out of activities by perso area. (5) Jf any land within an area d:~ls; environmental protection area by order ~dtion/ depreciates in value as a result of any restnc · .. · '. use or development by the order, adequate comp: be paid to the owners of the land in accordance·••· Physical Planning and Development Control Act 25 529 ,48.-(1) 111e Authority may, as a condition subject to pich pennission is granted for the development of land, ake provision for the preservation of the amenities of any a, including the protection of existing trees or the planting <;:w trees. (2) If it appears to the Authority that the amenities of 'area are seriously injured by reason of (a) the ruinow,, unsafe or dilapidated condition of any building; (b) (c) the condition of any garden, vacant site or other open land; tl1e deposit of refuse, spoil or derelict vehicles on any land; or ( d) the occupation of any land or any public road for any unauthorized purpose, including the repair of vehicles, :thority may serve on the owner or occupier of the · :or land, or the person responsible for the injury, a ri,quiring the steps to be taken for abating the injury ~?tin the notice. l '. :r:(3) If the owner or occupier of the building or land .· e ascertained, the Authority must publish in at least "• paper in general circulation in Grenada the notice ~fa subsection (2). ' ~·-' 61-)An owner or occupier on whom a notice is served bsection (2) or in respect of whom a notice is d under subsection (3) may within 4 weeks of the Preservation of amenities. 530 Advertisement cnmrol. Act 25 Phvsical Plannine: and Development , Control service or publication of the notice (whichever is earli~r make oral or written representations on the requirement t◊ th: Authonty. . ·~ (5) Af1er the expiry of the period prescribedi b subsection ( 4) and after consi dcring any representations by th owner or occupier, the Authority may confirm, vary or rev~ 1 · the notice issued under subsection (2). · (6) If the notice is confirmed or varied, and if t notice ( as varied, if that be the case) is not complied with, t~ Authority may execute the work required to abate the i1~ur and recover from the owner or the occupier or the perso responsible for the iqjurythe expenses reasonably incurred the Authority as a result 49.-(I) No person may display an advertisement on an building or land except with the written permission oft" Authority. ''· (2) The Minister may make regulations under., Act for restricting or controlling the display of aclvertiserrie so far as is expedient in the int,c;rests of amenity or pu~ safety and, without limiting the foregoing, any · sfi regulations may (a) regulate the dimensions, appearancc,,11 position of advertisements, the sites on~ advertisements may be displayed and manner in which they are to be affixe buildings or land; Physical Planning and Development Control Act 25 (b) prescribe different provisions with respect to different areasor places and make special pro visio~s with respect to areas or places detmed m the regulations as areas of special control, the amenities of which appear to the Minister to require special protection; ( c) prohibit the display in areas of special control of advertisements of the classes or descriptions specified in the regulations; ( d) provide for the removal of any advertisement that is displayed in contravention of the regulations or the discontinuation of the use for the exhibition or display of advertisements of any site that is being used for that purpose in contravention of the regulations. (3) Regulations made under this section may be .e so as t? apply to advertisements which are being b1 ted or displayed on the date on which the regulations .e :nto force o~ to the use for the exhibition or display of rt1sements of any site which is being used for that ose on that date. (4) If the display of advertisements in accordance regulations made under this section involves the p ment of land within t11c meaning of this Act, ~~1~:m for that development is deemed to have been r,,~Yvi~ue. of this section, and no application is needed . :penmsston. · l ~1) The owner or occupier of any building or land ('1,S - Appeals under 1his Part. 53] 532 Act 25 . and Development Physical Planmng Control . r of buildings, monum~nts, (a) included ma .1st . historic or arch1tec,, sites of preh1stonc, iled or adopted by ·tor interest comp 2 men . t to section 4 ; or Authority pursuan . . an area designated by; (b) located withm . , e Conservation Ar Authority as a Hentag de under section, a designation order ma .. . . against that decision to the Tri may appeal in wntmdgs of the appeaL . t the groun settmg OU 'f . . . of section 28 app (2) The 1crov1s1ons rin of appeals ma . modifications to the hea g necessary this section. . . nder this section the (3) If on an appc~l u nument or site s decides tl1at a lis~ed b u~~::~~ ~:ilding or ot~er l, removed from a hst, or t Heritage Conservation ,:i. be excluded from :nd the list or des1gnat1. Authority must am accordingly. PART VII COMPENSATION AND ACQUISIT;: ensation forwhic~ p rovision Cla·,n1•for 51-(l)Comp 1 · fior1t1smade, , · bl if a c aim compensation Act is only p~ya e ,t., with this section. l . for compensation al.l ege} (2) Ac a1mb . de in writing to th~; h . Act must e ma th t under t is on which e ac ; ::: 6 months of the date up m arose unless th which gave rise to th~ ctt~ period .; ,ithin wh1 particular case exten s ' • be made. Physical Planning and Development Control Act 25 (3) The Minister may require a claimant to provide Xi ~her information in support of a claim for ¥,lJ:!t:nsation necessary for its determination, and a decision t,a claim may be deferred tmti1 after such further ormation has been received by the Minister. ( 4) If a claim for compensation arises from a fffon of the Authority and it appears to the Minister that 'cision which gave rise to the claim for compensation Lproperly be withdrawn or modified, the Minister may lfo matter to the Tribunal for its determination as if the 1 '.for compensation had included an appeal against that 'on. 'ir(s) Compensation payable under this Act must, in t of determination by agreement, be determined under bitration Act, (Cap. 19) by a panel of arbitrators 'sing one person nominated by the Minister; one person nominated by the claimant; and one other person chosen by agreement between the arbitrators and appointed by the parties, to be Chairperson of the panel. . ', '• ~·' ! 1 piinsation is not payable under this Act in respect ll'by the Authority whereby permission is refused, J'.: reyoked for the development of land if, 1:<g'that refusal, modification or revocation, there · ith respect to that land permission for a ~Of\ffie land consisting of the construction of 'minercfaI ' or residential buildings or any .· fsuch buildings. Ex<;lusion or limitation of compensation in certain cases. 533 534 Compulsory acquisition. R~gister to be kept. Act 25 Physical Planning and Development Control 53.--( 1) The Government may purchase by agreement, land which is required for the purposes of implementi,. physical plan and may, if it is unable ~o acquire s u~h lan agreement, acquire it in accordance with the prov1s10ns of; Land Acquisition Act (Cap. 159). · (2) If a claim for compensation has been detennixi; under this Pm1, the Minister may, within one month of date of such determination and before the compensa ·, paid, cause an offer in writing to purchase the land to the cornpensation relates to be made to the person ent1t. compensation and, if the person entitled to compensati unwillino to sell the land, the Government may acquire i t:> ••• accordance with the provisions of the Land Acqms1t1on , (3) The Government may, by way of sale orl dispose of land acquired compulsorily under this Part to local authority, statutory body or other person or body. development in accordance with permission granted un Part IV. PART VIII MISCELLANEOUS 54. The Authority must maintain a register cont. · particulars of (a) any application under section . , permission to develop land, inclu4l name and address of the applicant, the1, the application and the development~ the subject of the application; Physical Planning and Development Control Act 25 (b) the date and effect of any decision made in respect of any application; ( c) any appeal under section 28 in respect of such a decision and the decision made on the appeal; (d) any commencement notice received under section 30(2) and any completion certificate issued under section 30(5); (e) · any modification or revocation under section 32 of any permission granted in respect of any application; (f) any enforcement notice or stop notice issued in respect of any development ofland; (g) any permission granted wider section 49( 1) for the display of an advertisement; (h) any other matter required by this Act or the regulations to be included in the register. (2) The register kept by the Authority pursuant to ,)on (I) must include an index, in the form of a map, Qth the register and the index may be kept m an . nic data storage and retrieval system. ,;(3) Every entry in the register must be made within f the date on which the decision, notice or event to 1itsrelates was made, filed, issued or done. fF ·· 535 536 Powers of entry etc. Service of notices. Act25 Physical Planning and Development Control (4) The register must be kept at the office o( Physical Planning Unit and any person is entitled to aced; the information recorded in it free of charge and to " copies of the information on payment of the prescribed; 55.-{l) The Authority may in wntmg person to enter at any reasbnablc time any land and pr. thereon~ (a) in respect of which an applicati~' pem1ission to develop has been made Authority; or :'. (b) in respect of which the Authority ha· to believe that an infringement of the; occurred or is about to occur, for the purposes of inspection and survey. (2) A person authorized under this sectio upon any land or premises must, if so required, evidence of his or her authority before entering, · claim admission as of right to any land or premis\;S;. occupied unless 24 hours notice of intended ent' " ·· the occupier. . : ' -'j"';I..; (3) A person who obstructs a person ;act, exercise of his or her authority under this section':~ offence and is liable on summary convictiotil: $1,500. 56. Any notice or other document require' to be served or given under this Act, or unde: order, notice, direction, agreement or :0th~ writing made under this Act, may be served oi; (a) (b) Physical PlanningandD l eve opment Control Act25 by delivering it to the er be served or to wh ~ .. son on whom it is to om 1t is to be given; by leaving it at the usual or last kn of abode of the pcrso . own place service has b · ~• or if an address for that address· een provided by the person, at , by sending it by pre •ct .. addressed to tl1e - pa1 registered letter person at the , or last known place of abode p~rson s usual for service has b . , or, if an address that address; or een provided by the person, to in the case f · b , o an Incorporated com an ody, by delivering it to th p y or of the company o b d e secretary or clerk . . r o y at the re , ·t d pr111c1pal office . . gts ere or . , or sendmg it b . registered letter add d Y prepaid I resse to the t c erk of the comp· b secre ary or any or ody at that office. /!:,e development of any land . J}vithout the writte . . . . IS commenced or Liabi!itv of :"-' . nperm1ss1onoftheAuth . . , ;J/Ut lll a manner not 1. Onty, or landowners. ' n accordance 'th 1 ,, or resubmitted to and a w1 p ans ?f ,qf the land with· ';;;roved ?Y the Authority, '.qffence. ' m e meanmg of section 2 t.,/,[ l~ ' 1 s:a diffe . commit rent penalty 1s specifically prescribed a l', •.• ·.· s .an offence under this Act is . ' General penalty. c:,~i1on to afine of$l0,000 d. liable on ence t fu · ' an Ill the case of a . : . . ·' o a rther fine of $500 f; the offence continues. or each day 537 538 Act 25 Physical Planning and Development Control Expenses of Authority etc, Qualification of ex·1sting law, 59.--(1) All expenses incurred by the Authority or Committee or the Tribunal in the discharge of their respect, functions under this Act are, unless otherwise provided fa charge on the Consolidated Fund. · (2) Any amount due to or by the Authority for ' work done or expenses incurred under the provisions oft~ Act may be recovered summarily as a civil debt 60.--(1) For the purpose of enabling development tQ ca1Tied out in accordance with a permission granted undert Act, any conditions or regulations contained in any other 1 which would conflict with the conditions attached t · planning permission do not apply. (2) The restrictions which may be imposed and powers which may be exercised under this Act in relatio . land may be imposed or exercised under it in relation to · land, notwithstanding that provision is made by any o written law in force at the commencement of this Ac( authorizing or regulating the development of the land, ' Regulatioos 61.--( 1) The Minister may make regulations generall giving effect to this Act and,. without limiting such P?i: may make regulations (a) prescribing development standards, inciH but not limited to the promulgation·' Building Code; (b) prescribing the form of any applic~ notice, order, certificate or other doc' required to be made, issued or served' this Act; Physical Planning and Development Control Act 25 539 (c) (d) pres~rib~ng the fees payable in respect of any apphcat10n under this Act· ' prescribing any thing required by this Act to be prescribed. •., (2) The Minister may by Order amend either of the edules. '62. This Act binds the Government. ./ ~J;,'-(1) The Town and Country Planning Act (Cap. 322) tthe Land Development Control Act (C"p. 160) are . aled :r (2} The Land Development Regulations and the Land )ppmem (Fees) Regulations 2002 made under section 2 7 • 1~d Dev:lopment Control Act continue in force upon . mgmto force of this Act until revoked or amended by ons made under section 61. \.' . (3) Any order made by the Development Control nty and any other decision of the Authority under the , evelopment Control Act continues to have effect as if 'PY the Authority under this Act. i,1r · . (4) Where any document refers expressly or by cation to an enactment repealed by this Act the reference · f1yPt where the context otherwise requires) to be te,d as a reference to the corresponding provision of this Act binds the Government. Repeal and savh1g.. .)kb) This Act comes into force on a date or dates Commencement mted by the Minister by notice in the Gazette, 540 Transitional. Act 25 Physical Planning and Development Control (2) The Minister may appoint different dates fo ' coming into force of different provisions but all provisia: this Act must be in force by the first anniversary of the d~ assent. 65.-(1) Every application made under an enact , repealed by this Act and \Vholly or partly heard b · Development Control Authority when this Act come . force is to be continued and dealt with in all respects as· Act had not come into force. (2) Every application made under a i:e enactment that has not been wholly or partly heard,, Development Control Authority when this Act com~ force is to be taken as an application made under this A this Act applies accordingly. ' (3) Where a period of time specified in an en repealed by this Act is current when this Act comes int and there is a corresponding provision in this Act, this\ effect as if the corresponding provision had been .in when that period began to run. · ( 4) Every appeal m.ade under an enactme11tr by this Act that has been commenced but nbt determined before this Act comes into force is to be c and dealt with as if this Act had not come into force (5) If, immediately before this Act comest a claim for compensation under an enactment repeal' Act has been or could have been made, that clai ·· · made or continued or enforced in all respects .as1 f had not come into force. . ;· Physical Planning and Development Control Act 25 (6) All proceedings in respect of breaches of or ~nces committed a?ainst an enactment repealed by this Act ll'll~nced before th1s Act came into force may be continued ,this Act had not come into force. 541 FIRST SCHEDULE (Section l 4(2)(c)) MATTERS TO BE DEALT WITH BY PHYSICAL PLANS PART I ROADS n,· ,sfrvation of land for roads and establishment f . . - . ,\>lie rights of way to and over beaches. o public rights ot way including .: I .. , · "~ing or diversion of existino roads and ptibl" d . . o ic an private nghts of way. !ruction of new roads and alteration of existing roads line, width, level, construction, access to and fr . /haracter ofroads, whether new or existing, egress om the general dimensions i,ding for and generally regulating the const . . ~ntal to the makin · ructwn or execution of works ,v,, culverts gulli/ ~r i1:1probvem ent of any road, including the erection of ·' ' s, encmg, arners and shelters th · · g and seats and the I f . ' e prov1s1on of artificial . P an mg or protectmg of grass trees and shr b lflg any such road. ' · u s on or PART2 BUILDINGS AND OTHER STRUCTURES )~t:~:;!~~ntrol!ing, either generally or in particular areas, all or any of the ,~e size and height of buildings and fences; IE.!2.~ !!SEiili.Si ¼l.1!115' ,It Pa .- !!&&Z&d 542 Act 25 PhJ1skal Planning and Development Control building lines, coverage and the space about buildings; the objects which may be affixed to buildings; (b) (c) (d) 'ill ,f,'. the purposes for and the manner in which buildings may be used or occuJ' including in the case of dwelling houses the letting thereof in sep tenements; (e) the prohibition of building orothcr operations on any land, or regulating s operations. 2, Regulating and controllir1g the design, colour and materials of buildings and fen 3. Allocating any particular laud, or a!! land in any patiicular area, for buildings specified class or classes or prohibiting or restricting, either permanent!' temporarily, the making of any building or any particular class or classes ofbuiJ. on any specifkd land, · 4. Limiting the number of buildings or the number of buildings of a specified 1 whicb may be constructed, erected or made on, in or under any area ' PART3 COMMUNITY PLANNING I. Providing for the control of land by zoning or designating specific uses. 2. Regulating the layout of housing areas including dl!nsity, spacing, group(' orientation of houses in relation to roads, open spaces and other buildings,. 1 ~'l-t ni· 3. Dctenniningthe provision and siting of community facilities including shops/s churches, meeting halls, play centres and recreation grounds in relation to the g and siting of houses. AMENITIES I. Allocation of lands as open spaces whether public or private. 2. Allocation of land for burial grounds and crematoria. Physical Planning and Development Control Allocation of lands ' (a) for communal parks; :1(6) for game and bird sanctuaries; ({{for the protection of marine life; ,(d) for national parks and environmenral protected areas. .,,t reservation of b ·id· . Act 25 543 uh . UJ rngs, caves, Sites and objects of c aeological, historical, or cultural interest. , artistic, architectural, Preservation or protection of forests, woods, trees, shrubs, plants and flowers. rotection of the coastal zone and d . , d special use areas esignatwn of manuc parks and special resources :?~i~!ting, restricting or controlling, either en. - . b1t10n, either 011 the ground . ~ cra!Jy or m particular places, the d' , , or m any bu1ldmu or anv t ' m water or in tl1e air of all or a . I "' • emporary <'rection, on lie notices. ' ny partieu ar forms of advertisement or other eventing, remedying or removing Jn·ur to a . . . . g!~cted condition of any b111"Jd1·1 ~ti Y memties ansmg from the rninous or '' '· ,. . ig or ence or from tl b" • ~d1tron of any land attach~d t b ·1ct· ' le o ~ect1onable or neglected • v O a UJ mg or fenc b · a residential area. e or a uttmg on a road or situate Ol?,Witing, r"glllating and controllin r!ie d . . ~e, the disposal of sewage and fh ellpo sll or dis posal of waste materials and h e po 1111011 of rivers r k . d . c es and the seashore, , a es, pon s, gullies, PARTS PUBLIC SERVICES . i~ati~g the establishment, extension or im rov efl1es m relation to power lighti P ement of works by statutory or 1,.refuse disposal or other p' bJ' ng, ~ater supply, sewerage, drainage, sewage · , u 1c services. 544 Act 25 Physical Planning and Development Control PART6 TRANSPORT AND COMMUNICATIONS I. Facilitating the establishment, extension or improvement of systems of transp land, water or air. 2. Allocating sites for use in relation to transport and the reservation of land t,' purpose. 3. Providing for the establishment, extension or improvement of telegraphic, tel~g wireless or radar communication, the allocating of sites for use in relation . communication and the reservation of land for that purpose. · ; PART7 MISCELLANEOUS I. Providing for and regulating the making of agreements for the purn,," development plan by the Minister with a local authority or with owners .. persons, and by a local authority with such persons and by such persons another. · ·· 2. Sub-division of land and in particular, but without limiting the foregoinf\,•. (a) regulating the type of development to be ca1Tied out and the size ani plots; (b) requiring the allocation of !and for any ot:.tbe public services referre11 S or for any other purposes referred to in this Schedule for which !al). allocated; · (c) prescribing the character and type of public services or other works wh,i be undertaken and completed by any applicant for permission to sub-di, condition of the grant of such permission; (d) co-ordinating the sub--division of contiguous properties in order tog' any scheme of development appertaining to such properties. 3. Making any provisions necessary for Physical Planning and Develo C' ipment ontrof Act 25 545 (a) adjusting and altering the bound . anes and areas of any towns· {i) enabling· th t bl• ·' e es a ishment of satellite t , owns and new towns· c) effecting any exchan"es of land , . are necessary or conienient for :tparuicr·ellation of ex fating subdivision plans that poses aforesaid SECOND SCHEDULE . ERS FOR . . (Section 25(2)) WHICH AN ENVIRONMENTA NORMALLY REQumi~MPACT ASSESSMENTIS esidential development ofmure than 25 . " umts "ny industrial plant which in the o inio . igmficant adverse environmental im~act n of the Authonty is likely to ca1;se , ,uanying and other mining activities 'Land reclamation, dredging and filling of ponds /dro-electric projects and power plants 546 14. 15. Act 25 Physical Planning and Development Control Gas pipeline installations Any development projects generating or potentially generating emissions, aq effluent, solid waste, noise, vibration or radioactive discharges 16. Any development involving the storage and use ofbazanlous material~ 17. Any coastal zone development 18. Any development in wetlands, marine parks, national parks, conservation ar.e environrnenul protection areas or other sensitive environmental areas. ! : · Passed by the House of Representatives the 19th day of July, 2002. (Ag) Clerk lo the House of Representa/ Passed by the Senate the 30th day of July, 2002. GRENADA PRINTED DY THE GOVERNMENT PRINTER, AT 11-IE GOVERNMENT PRINTING ST. GEORGE'S 2002.