Town and Country Planning (Kingston and Saint Andrew and the Pedro Cays) Provisional Development Order, 2017 (S.I. No. 55 of 2017)

MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 149 THE JAMAICA GAZETTE PROCLAMATIONS, RULES AND REGULATIONS Vol. CXL MONDAY, MAY 8, 2017 No. 36 149 SUPPLEMENT No. 55 THE TOWN AND COUNTRY PLANNING ACT THE TOWN AND COUNTRY PLANNING (KINGSTON AND SAINT ANDREW AND THE PEDRO CAYS) PROVISIONAL DEVELOPMENT ORDER, 2017 In exercise of the power conferred upon the Town and Country Planning Authority by section 5(1) of the Town and Country Planning Act, the following Provisional Development Order is hereby made, after consultation with the Kingston and Saint Andrew Municipal Corporation:— PART—1 Citation, Interpretation and General Regulations and Schedules (First – Fourth) 1. This Order may be cited as the Town and Country Planning (Kingston and Saint Andrew and the Pedro Cays) Provisional Development Order, 2017. 2. In this Order— “the Act” means the Town and Country Planning Act; Citation. Interpreta tion. 150 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 “the Authority” has the meaning assigned to it by section 2 of the Act; “base station” means a structure, fixed or mobile, consisting of transmitters and receivers that are connected to antennae, by feeder cables and may be microcell, macrocell or picocell; “broadcasting” has the meaning assigned to it by the Telecommunications Act and the Broadcasting and Radio Re Diffusion Act; “building” in relation to outline permission, does not include plant or machinery or a structure or erection of the nature of plant or machinery; “conservation areas” means an area of special architecture or environmental interest, the character or appearance of which it is desirable to preserve or enhance and within which are specific controls over development and the felling of trees; “development” has the meaning assigned to it by section 5 of the Act and “develop” shall be construed accordingly; “development area” means the area specified in Part 1 of the First Schedule; “erection” in relation to buildings includes extension, alteration and re erection; “filling station” means land, building or equipment used for the sale or dispensing of petrol or oil for motor vehicles or used incidental to the sale or dispensing of petrol or oil for motor vehicles, and where any part of the land, building or equipment is used for another purpose, shall include the whole, whether or not the use as a filling station is the predominant use of the land or building; “Kingston and St. Andrew” means the area specified in Part 1 of the First Schedule; “land” means any corporeal hereditament including a building, a structure or an erection; “landscaping” means the treatment of land (other than buildings) being the site or part of the site in respect of which an outline planning permission is granted for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fence, walls or other means the planting of trees hedges, shrubs, or grass, the formation of banks, terraces or other earth works, and the laying out of gardens or courts and the provision of other amenity features; “local authority” has the meaning assigned to it by section 2 of the Act; “local planning areas” means the areas specified in Part II of the First Schedule; Part 1. First Schedule. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 151 “local planning authority”, has the meaning assigned to it by section 2 of the Act; “macrocell” means a base station that provides the largest area of signal transmission overage and capacity within a mobile network; “mast” means ground-based or roof-top structure that supports antennae at a height where they can satisfactorily transmit and receive radio waves; “microcell” means base station that provides additional signal transmission coverage and capacity to macrocells; “Minister” has the meaning assigned by section 2 of the Act; “mobile network” has the meaning assigned to it by the Tele communications Act; “natural hazards” means natural processes or phenomena occurring in the biosphere that may constitute a damaging event; “national monument” has the meaning assigned to it by the Jamaica National Heritage Trust Act; “national parks” has the meaning assigned to it by the Jamaica National Heritage Trust Act; “operators” mean those who own or operate a telecommunication or broadcast mast or tower, base station, macrocell, microcell and/or picocell; “outline planning permission” means planning permission for the erection of a building which is applied for by the applicant directly and is granted subject to the subsequent approval of reserved matters submitted by the applicant to the local planning authority; “permitted development” has the meaning assigned to it by paragraph 7; “permitted use class” has the meaning assigned to it by paragraph 5; “picocell” means a base station, usually located within existing buildings, which provides more localized signal transmission coverage than a microcell; “planning authority” means local planning authority as defined by section 2 of the Act, and includes the Authority in any case where an application is referred to the Authority pursuant to the provisions of section 12 of the Act; “planning decision” means a decision made on an application for permission to develop land under Part III of the Act; “planning permission” has the meaning assigned to it by section 2 of the Act; “preservation scheme” has the meaning assigned to it by the Jamaica National Heritage Trust Act; 152 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 “protected national heritage” has the meaning assigned to it by the Jamaica National Heritage Trust Act; “references” means any schedule thereto relating to plans, drawings, notices or other documents in this Order includes references to such documents or copies of them in electronic form; “reserved matters” means the matters in respect of which particulars have been omitted from an application for outline planning permission under this order, such as— (a) the site for the erection of a building on the land; (b) the design and external appearance of the building; (c) the means of access to and egress from the site; and (d) the landscaping of the site; “subdivision” means the division of any land held under single ownership into two or more parts whether the division is by conveyance, transfer or partition or for the purpose of sale, gift, lease or any other purpose; “telecommunication” has the meaning assigned to it by the Telecommunications Act; “telecommunication network” has the meaning assigned to it by the Telecommunications Act. General Regulations 3. This Order relates to the Parishes of Kingston and Saint Andrew and the Pedro Cays. 4. The parishes of Kingston and Saint Andrew and the Pedro Cays are designated as a development order area for the purposes of the Act and the areas specified in the First Schedule are designated as local planning areas for the purpose of this Order. 5.—(1) Where a building or other land is used for a purpose listed in any class specific in the Second Schedule, the use of the building or other land for any other purpose of the same class shall not be deemed for the purpose of the Act to involve development of the land. (2) Reference in paragraph (1) to “building” includes reference to land occupied with the building and used for the same purlpose (3) Where a use, which is ordinarily incidental to and included in any use specified in the Second Schedule, is specified in the Second Schedule as a separate use, this shall not prevent the use which is Application of Order. Designation of Kingston and St. Andrew development order areas. First Schedule. Use Classes. Second Schedule. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 153 included or incidental from being considered as a use, which is ordinarily incidental to and included in any use specified in the Second Schedule. (4) No class specified in the Second Schedule shall indicate use— (a) as an amusement arcade or centre or a funfair; (b) as a launderette; (c) for dry cleaning; (d) for sale of fuel for motor vehicles; (e) for sale or display for sale of motor vehicle; (f) for a taxi business or business for the hire of motor vehicles; (g) as a scrap yard or yard for the storage or distribution of minerals or the breaking of motor vehicles; (h) as a hostel; (i) as a retail warehouse club; (j) as a spa; (k) as a massage parlour; (l) as a funeral parlour; (m) as a night club; (n) as a casino; or (o) as a place of religious assembly. 6.—(1) An application for planning permission shall— (a) be made in the form issued by the local planning authority for that purpose and obtainable from that authority; (b) include the particulars required by the form to be supplied; (c) be accompanied by a plan which sufficiently identifies the land to which the application relates and any other plans, drawings and information as are necessary to describe the development which is the subject of the application; and (d) except where the local planning authority indicates that a greater number is required, be accompanied by three copies of the form and the plans and drawings submitted with it. (2) Where permission to develop land is granted under this Part, then, except as may be otherwise provided by the permission, the grant of permission shall ensure for the benefit of the land and of all persons for the time being interested in the land, but without prejudice to the Applications for planning permission. 154 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 provisions of Part 1 of the Act with respect to the revocation and modification of permission so granted. 7—(1) Subject to the provisions of this Order, permission may be granted for the classes of development described as permitted development in the Third Schedule. (2) Nothing in this paragraph or in the Third Schedule shall operate so as to permit— (a) any development contrary to any condition imposed in a permission granted under Part III of the Act; (b) any development in relation to any national monument and protected national heritage; (c) any development within a preservation scheme; (d) any development in any area designated as a national park or protected area under section 5 of the Natural Resources Conservation Authority Act; or (e) development in any area designated as a quarry zone under the Quarries Control Act. 8.—(1) Upon receiving an application for planning permission, the local planning authority shall send to the applicant an acknowledgement of receipt of the application in writing in the form set out as Form A in the Fourth Schedule. (2) The local planning authority may, upon considering the application for planning permission— (a) grant planning permission; (b) grant planning permission subject to conditions; (c) refuse to grant planning permission. 9.—(1) Subject to sub-paragraph (2) of this paragraph no development of land of within the area to which this Order applies, shall take place, except in accordance with this Order and permission granted in relation thereto. (2) The local planning authority may subject to any conditions as may be specified by directions given by the Minister under this Order grant permission for development which does not appear to be provided for in this Order and is not in conflict therewith. 10.—(1) Where an applicant so desires, an application for outline planning permission may be made for permission to erect a building. (2) Upon receiving an application for planning permission, the local planning authority shall send to the applicant an acknowledgement of receipt of the application in writing in the form set out as Form A in the Fourth Schedule. Pemitted development. Third Schedule. Grant or refusal of planning permission. Fourth Schedule. Prohibition of develop ment. Form A. Outline planning permission. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 155 (3) The local planning authority shall, upon considering an application for outline planning permission either— (a) grant permission subject to a condition specifying reserved matters that require approval of the local planning authority or the Authority; or (b) Where the local planning authority is of the opinion that in the circumstances of the case, the application ought not to be considered separately from all or any of the reserved matters within the period of one month beginning from the receipt of the application notify the applicant that the local planning authority is unable to consider the application unless further details are submitted, specifying the further details it requires. (4) Where the local planning authority, pursuant to sub paragraph (3)(b), requires the applicant to furnish further details, the applicant may either— (a) furnish the information so required by the local planning authority (in which event the application shall be treated as if it has been received on the date when the information was furnished and had included the information); or (b) appeal to the Minister under section 13 of the Act within twenty-eight days of receiving the notice, or such longer period as the Minister may, at any time, allow, as if his application had been refused by the local planning authority. 11. Where a person has been granted outline planning permission, the person may apply for the approval of reserved matters and the application shall— (a) be made in writing to the local planning authority and shall give sufficient information to enable that authority to identify the outline planning permission; in respect of which it is made; (b) include such particulars and be accompanied by such plans and drawings as are necessary to deal with the reserved matters in the outline planning permission; and (c) except where the local planning authority indicates that a greater number is required, be accompanied by three copies of the application and the plans and drawings submitted with it; (d) be made within three years of the permission, except where the planning authority indicates a lesser period. 12.—(1) An application to the local planning authority for a determination under section 14 of the Act shall be in writing, and shall contain a description of the operations or change of use proposed and of the land to which the proposal relates. Application to approve reserved matters. Applications for determi nation under section 14 of Act. 156 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (2) On receipt of any application under this paragraph the local planning authority shall send to the applicant an acknowledgement thereof in the form set out as Form A in the Fourth Schedule. (3) In the case of an application for a determination (whether forming part of an application for planning permission or not), where the local planning authority determines that the carrying out of operations, or the making of a change in the use of land, would constitute or involve development of the land, it shall state in the notice the grounds for its determination and include a statement to the effect that if the applicant is aggrieved by its decision he may appeal to the Minister under section 13 of the Act within the time, not being less than twenty-eight days from the receipt of the notification of the decision thereof giving a copy to the local planning authority. 13.—(1) Except where otherwise provided, the period within which the local planning authority shall give notice to an applicant of its decision or determination shall be three months from the date of application or the extended period as may, at any time, be agreed upon in writing between the applicant and that authority. (2) Every notice issued pursuant to sub-paragraph (1) shall be in writing and where the local planning authority— (a) makes a decision subject to conditions; or (b) determines under paragraph 11 that the carrying out of operations or the making of a change in the use of land would constitute or involve development of the land; or (c) refuses to grant approval, it shall state its reason for the decision or determination in writing and send with the decision or determination a notification in the form set out as Form B the Fourth Schedule. 14.—(1) The local planning authority in determining any application may direct an applicant in writing to— (a) supply any further information and (except in the case of outline applications) plans and drawings necessary to enable them to determine the application; or (b) provide one of their officers with any evidence in respect of the application as is reasonable for them to call for to verify any particulars of information given to them. (2) An applicant who, without reasonable cause, fails to supply any additional information required under sub-paragraph 1(a) within 30 days of the date of receipt of the notice requiring the information or such longer period as the local planning authority may think adequate in the circumstances shall be deemed to have withdrawn the application and shall be advised accordingly. Notification of decision or determina tion. Form B. Fourth Schedule. Fourth Schedule. Form A. Requiring additional information. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 157 15.—(1) The Minister may give directions restricting the grant of planning permission by the local planning authority during the period as may be specified in the directions in respect of the development or in respect of development of any such class, as may be so specified. (2) The local planning authority shall, enforce the directions of the Minister and do all that is possible to abide by them. 16.—(1) The local planning authority shall, before granting permission for development or for approval of reserved matters or in granting outline planning permission consult— (a) with a neighbouring local planning authority, where it appears to the local planning authority that the development is likely to affect land in the area of that neighbouring local planning authority; or (b) with the Chief Technical Director where it appears to the local planning authority that the development involves— (i) land adjacent to a main road or land reserved for future main road improvement; (ii) any engineering or other works in connection with the formation, laying out, grading or drainage of any access road; (iii) any works which may affect water drainage inside or outside the land to which the application relates, particularly any works affecting or likely to affect any natural water course; or (iv) such significant increase in traffic that the town planning and traffic engineering consideration cannot be considered in isolation from the detailed engineering implications of any such development; (c) with the Minister responsible for agriculture where the development involves a change of use of more than two hectares of land in an area used or capable of being used for agriculture, but the land shall not include land zoned by the Authority as land to be used for some other purpose; or (d) with the Jamaica National Heritage Trust where the land to be developed is situated within 91 metres of a national monument or protected national heritage and land within a preservation scheme or to sites listed in Appendix 3 of the Fifth Schedule; (e) with the Natural Resources Conservation Authority where— (i) the development is occurring on land situated in a coastal zone, in or adjacent to ecologically Directions restricting the grant of planning permission. Consultation by local planning authority. 158 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 sensitive areas, in or adjacent to conservation areas or national parks, or near rivers, streams or other water bodies; (ii) the development is subject to an environmental statement or environmental impact assessment; (iii) the carrying out of building or other operations or the use of land for the purpose of refining or storing mineral oils and their derivatives; or (iv) in carrying out of building or other operations or the use of land for the retention or disposal of sewage, trade waste or sludge; (f) with the Ministry responsible for Health and Environmental control where the development consists of or includes— (i) the carrying out of works or operations in the bed or on the banks of rivers, streams or other body of water or (ii) the carrying out of building or other operations or the use of land for the purpose of refining or storing mineral oils and their derivatives; or (iii) the carrying out of building or other operations or the use of land for the retention or disposal of sewage, trade waste or sludge; (g) with the Commissioner of Mines where the land to be developed is situated in any mineral deposit area; and the Jamaica Bauxite Institute for bauxite related activities; (h) with the Mines and Geology Division where the land is in a hillside area, where a geotechnical report will be necessary if there is a potential for slope instability; (i) with the Office of Disaster Preparedness and Emergency Management where the development is situated on land occurring in areas subject to natural hazards; (j) with the Water Resources Authority and National Water Commission where there is to be an increase in demand for water or where effluent is to be discharged in streams or an aquifer; (k) with the National Water Commission where a sewage treatment plant is being proposed or connection to an existing sewerage system is proposed; MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 159 (l) with the Civil Aviation Authority, where— (i) the development is located within a 3km radius of airports, aerodromes, airstrips, similar facilities and flight paths; (ii) the structure proposed is to be within 9.26 km (5 nautical miles) of an aerodrome; (m) with the relevant building authority— (i) for roof mounted mast or tower in order to ensure the structural integrity of the roof; (ii) for roof gardens to ensure structural integrity and reinforcement; (iii) for solar panels to ensure integrity of the roof; (n) with the Forestry Department where land is located in or adjoining forest reserves and forest management areas. (2) Where the planning authority consults with any other body under sub-paragraph (1) and the body— (a) makes a recommendation to the planning authority, the planning authority shall, before granting permission, whether conditional or unconditional, consider the recommendation; or (b) fails to make a recommendation within six weeks from the date of the consultation the local planning authority shall deal with the application unless the body agrees in writing that it is unable to meet the deadline and requests a further extension. 17.—(1) On referring any application to the Authority under section 12 of the Act, pursuant to a direction in that behalf, the local planning authority, shall serve on the applicant notice of the terms of the direction and of any reason given by the Authority for issuing the direction. (2) The notice under sub-paragraph (1) shall— (a) inform the applicant that the application has been referred to the Authority; and (b) contain a statement that the Authority will, if the applicant so desires, afford to the applicant an opportunity of appearing before and being heard by a person appointed by the Authority for the purpose. 18.—(1) Subject to the provisions of this Order, any person who desires to appeal— (a) against a decision of the local planning authority or the Authority as the case may be for— (i) refusing planning permission; or Applications referred to the authority. Appeals. 160 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (ii) granting planning permission subject to conditions; (b) against a determination of the local planning authority under section 14 of the Act; or (c) on the failure of the local planning authority or the Authority or as the case may be, to give notice of their decision or determination, (d) against the referral of the planning authority to approve details which were reserved when an outline permission was given or against their decision approving the details subject to conditions shall give notice of appeal to the Minister copying that notice to the local planning authority, or the Authority, as the case may be— (i) within one month of the receipt of notice of decision or determination; or (ii) within one month of the expiry of the period specified in paragraph 13(1) of this Order, or such longer period as the Minister may, at any time, allow. (2) The applicant shall also furnish to the Minister a copy of the following documents— (a) the application made to the local planning authority; (b) all relevant plans, drawings and particulars submitted to them; (c) the notice of the decision or determination, if any; (d) all other relevant correspondence with the local planning authority. (3) The appellant may also supply any additional information pertaining to the appeal to the Minister. (4) The appellant shall serve on the local planning authority or Authority as the case may be, a copy of the appeal and any additional information supplied to the Minister under paragraph (3). 19.—(1) The local planning authority shall keep a register to be known as the Register of Applications (hereinafter referred to as the “Register”) containing the following information in respect of all land within the area to which this Order applies, namely— (a) particulars of any application for permission to develop, made to the local planning authority in respect of any such land, including the name and address for the applicant, the date of the application, and brief particulars of the development forming the subject of the application; Registrar of applications. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 161 (b) particulars of any direction given under the Act or this Order in respect of the application; (c) the decision, or determination, if any, of the local planning authority in respect of the application, and the date of the decision or determination. (d) the date and effect of any decision, or determination, of the Minister on appeal, in respect of the application; (e) the date of any subsequent approval given in relation to the application. (2) The Register shall include an index, which shall be in the form of a map, unless the Minister approves some other form for enabling a person to trace any entry in the Register. (3) The Register shall be kept at the office of the local planning authority and shall be available for inspection by the public at all reasonable hours. (4) Every entry in the Register consisting of particulars of an application shall be made by the local planning authority within fourteen days of the receipt of the application. 20. The local planning authority shall furnish to the Minister and to such other persons as may be specified by directions given by the Minister under this Order, the information as may be so specified with respect to applications made to the local planning authority under this Order, including information as to the manner in which any such application has been dealt with. 21.—(1) Any power conferred by this Order to give a direction or consent shall be construed as including power to cancel or vary the directions by a subsequent direction, or as the case may be, to revoke or modify the consent. (2) Any notice or other document to be served or given under this Order may be served or given in the manner prescribed by section 30 of the Act. 22.—(1) Where any person proposes to subdivide land within the area to which this Order applies into allotments for the purpose of development or for sale a Scheme Plan showing the proposed subdivision shall be prepared and submitted in accordance with the provisions of Appendix 12 of this Order to the local planning authority for approval. (2) The base date for the computation of valuations in relation to assessing compensation in respect of this Order shall be the date one year prior to the coming into operation of this Order. Information on applica tions to be given to Minister. Directions, consents and notices. Control of subdivided land. 162 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 23. The matters to be dealt with by development orders in the development order area in general and in the local planning areas in particular, shall be as set out in the Fifth Schedule. 24. Subject to paragraph 25, the Town and Country Planning (Kingston) Development Order, 1966 and the Town and Country Planning Petrol Filling Station—Kingston Development Order, 1964, are revoked. 25. Notwithstanding the revocation of the Orders referred to in paragraph 24 any permission granted pursuant to those Orders which had effect immediately before the coming into operation of this Order, shall until the permission is revoked, continue to have effect as if granted pursuant to this Order. Matters to be dealt with by development orders. Fifth Schedule. Revocation. Savings. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 163 FIRST SCHEDULE Description of Boundaries PART I Kingston and St. Andrew Development Order Area Starting at the Parish Boundary at the mouth of the Bull Bay River at the intersection of its centre line with the sea; thence generally north-easterly along the centre line of the Bull Bay River; generally northerly, generally easterly, generally north westerly and generally northerly along the common boundary between the parishes of St. Andrew and St. Thomas to a point where the parishes of Portland, St. Thomas and St. Andrew intersects; thence generally north-westerly along the common boundary between the parishes of Portland and St. Andrew to a point where the parish boundaries for Portland, St. Mary and St. Andrew intersect passing Silver Hill Gap, Hardware Gap and Moodies Gap; thence generally in a north north-westerly direction along the common boundary between the parishes of St. Mary and St. Andrew to a point where it intersects with the Wag Water River; thence generally southerly along the centre line of the Wag Water River to a point where the Toms River intersects the Wag Water River; thence north-westerly, southerly, westerly along the common boundary between St. Mary and St. Andrew to the common boundary between the parishes of St. Catherine, St. Mary and St. Andrew at Border; thence generally southerly along the common boundary between St. Catherine and St. Andrew to a point where it intersects with the New River; thence generally southerly, westerly, southerly, south-easterly, southerly to its intersection with the centre line of the Fresh River; thence south-easterly along the centre line of Fresh River and Salt River to the midpoint of the bridge over Hunts Bay; then east south easterly in a straight line for approximately 1.1 Kilometres; thence south-westerly in a straight line midway between Apostles Battery and Port Royal Point for approximately 4.12 Kilometres; thence southerly in a straight line for approximately 3.91 Kilometres; thence south-easterly in a straight line for 3.56 Kilometres; thence southerly in a straight line along the St. Catherine Parish boundary to the territorial boundary; thence easterly along the territorial boundary to a point where the territorial boundaries of Kingston and St. Andrew and St. Thomas meet; thence generally along the St. Thomas Parish Development Order Area boundary back to the starting point at the mouth of the Bull Bay River including all off shore islands, cays and man-made and natural accretions within the territorial waters. Part II Local Planning Areas in Kingston and St. Andrew Barbican Local Planning Area Starting at the point where East Kings House Road meets Barbican Gully; thence southerly along East Kings House Road to where it meets the most eastern property boundary of Kings House; thence north-westerly along the northern boundary of Kings House to where it meets Washington Drive; thence (Paragraph 2) 164 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 north-easterly along Washington Drive to where it meets the Barbican Gully; thence south-westerly along the Gully to where it meets the Somerset Gully; thence north-easterly and along Somerset Gully to where it meets Andrew Pen Lane at a bridge; thence south-easterly along this lane crossing Barbican Road to where it meets Cherry Gardens Gully; thence north-easterly to where it meets Acadia Drive; then north-easterly along Acadia Drive to where it meets Evans Avenue; thence south-easterly along Evans Avenue to where it meets the Cherry Gardens Gully; thence northerly along this gully to and along a second gully to where it meets Salem Avenue; thence south-easterly along Salem Avenue to where it meets Upper Russell Heights; then northerly and along Upper Russell Heights to where it meets Upper Carmel Avenue; thence north-easterly along Upper Carmel Avenue to Sunset Avenue; thence northerly, south-easterly and along Sunset Avenue to where it meets Jacks Hill Road; south-easterly and along Jacks Hill Road to meet a track; thence south-easterly along this track to where it meets Widcombe Road; thence south-westerly along Widcombe Avenue to Barbican Road; north-westerly along Barbican Road to where it meets Chester Avenue; westerly along Chester Avenue to meet Wiltshire Avenue; thence southerly for a short distance along Wiltshire Avenue to where it meets Wiltshire Gully; south-westerly, north-westerly along this gully to where it meets Kings House Avenue; thence westerly and along Kings House Avenue to meet East Kings House Road; thence south-westerly along East Kings House Road to the starting point. Cargill Lands Local Planning Area Starting where Maxfield Avenue meets Cargill Avenue; then along Cargill Avenue to its junction with Half Way Tree Road, then south along Half Way Tree Road to its junction with Beechwood Avenue; then westerly along Beechwood Avenue to and along the westward boundaries of number 22 Beechwood Avenue and number 5 Central Road; then north-westerly along Central Road to Grove Road, then south-westerly along Grove Road to and southerly along Lyndhurst Road to its junction with Little Kew Road; then south-westerly along Little Kew Road to Melrose Avenue; then north-westerly along Melrose Avenue to Maxfield Avenue then north-easterly along Maxfield Avenue to the starting point. Constant Spring Gardens Local Planning Area Starting at the intersection of Constant Spring Road and Dunrobin Avenue northerly on the western side of Constant Spring Road; to where it meets Mannings Hill Road at Mary Brown’s Corner; then northerly along the western side of Mannings Hill Road to its junction with O’Sullivan Avenue; then south westerly along the southern side of O’Sullivan Avenue to Rochester Gully; then along Rochester Gully to Red Hills Road; then south along the eastern side of Red Hills Road to the overhead bridge and intersection with Dunrobin Avenue; then easterly along the rear of lots one (1) lot deep along the western side of Dunrobin to where it meets the starting point at Constant Spring Road. FIRST SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 165 Cross Roads Local Planning Area Starting from the point where Halfway Tree Road meets Oxford Road; thence south-easterly along Oxford Road to the intersection with Old Hope Road; thence across to Tom Redcam Avenue; thence southerly and along Tom Redcam Avenue to where it meets Camp Road; thence southerly along Camp Road to its junction with Arnold Road; thence southerly along Arnold Road to where it crosses the Kingston/St. Andrew parish boundary at Dames Road; thence westerly along this parish boundary to the National Heroes Circle; then north westerly and south-westerly along the National Heroes Circle to where it meets Torrington Road; north-westerly along Torrington Road to Slipe Pen Road; north westerly along Slipe Pen Road to meet Studio One Boulevard (Brentford Road); then north-westerly and north-easterly along Studio One Boulevard (Brentford Road) to meet Lyndhurst Road; north-westerly along Lyndhurst Road to Greenwich Road; then westerly along Greenwich Road to meet Gem Road; then westerly along Gem Road to Texton Road; then one (1) lot deep on the eastern side along Texton Road to meet Rosseau Road; easterly and along Rosseau Road to meet Beechwood Avenue; north-easterly along Beechwood Avenue to meet Halfway Tree Road; north-westerly along Halfway Tree Road to the starting point. Eastwood Park Gardens Local Planning Area Starting at the intersection of Eastwood Park Road and Molynes Road, thence northerly along the eastern side of Eastwood Park Road to its intersection with Red Hills Road; thence westerly along the southern side of Red Hills Road to the intersection with Cassia Park Road; then southerly along the eastern side of Cassia Park Road to its intersection with Molynes Road at Molynes Square; then westerly along the northern side of Molynes Road to the starting point. Halfway Tree Local Planning Area Starting at the point where Adlington Avenue meets Hagley Park Road; then south-westerly along Hagley Park Road to meet Woodglen Drive; thence northerly along Woodglen Drive to Molynes Road; south-easterly along the south-eastern side of Molynes Road to Eastwood Park Road; thence northerly along the eastern side of Eastwood Park Road to meet Constant Spring Road at West Kings House Road; thence easterly along West Kings House Road to Waterloo Road; thence southerly along Waterloo road to meet Trafalgar Road; thence along Trafalgar Road to Ruthven Road southerly along Ruthven Road to meet Halfway Tree Road; then northerly along this road to meet Cargill Avenue; thence south-westerly along Cargill Avenue until it meets Maxfield Avenue; then southerly along Maxfield to Montgomery Avenue then along Montgomery Avenue to where it meets Adlington Avenue; then northerly along this road to the starting point. FIRST SCHEDULE, contd. 166 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Liguanea Local Planning Area Starting at the point where East Kings House Road meets Hope Road; thence easterly along Hope Road to where it meets the western property boundary of Valencia Court Apartment; thence south-easterly along Valencia Court Apartment property boundary, along the southern property boundary of the Liguanea Post Mall and the Matilda’s Police Station to where it meets Old Hope Road; thence south-westerly along Old Hope Road to where it meets Wellington Drive; thence easterly along Wellington Drive to where it meets Mona Road; thence north westerly and along Mona Road, crossing Blue Caster Drive to eastern property boundary of lot number 17 Mona Road; thence northerly along this property boundary continuing along the eastern boundary of lots numbers 174 Old Hope Road to meet Old Hope Road; thence westerly along Old Hope Road to where it meets Ravinia Road; thence northerly along this road to where it crosses a canal; thence north-easterly along this canal to the western Boulevard boundary of number 1 Hope Boulevard; thence north-westerly along the western boundary of number 1 Hope Boulevard to and along the western boundaries (back fences of premises on Hope Boulevard to northern eastern property boundaries of lots numbers 164, 165 and 166 College Green; thence south-westerly along these property boundaries to where it meets Sandy Gully; thence south-westerly along this gully to the eastern boundary of the Chest Hospital; thence northerly and along this boundary to the western boundaries of properties on Keble Crescent; thence north-easterly and along these boundaries to where it meets National Chest Hospital Road; thence south-westerly along this road to where it meets Barbican Road; thence north-easterly and north-westerly to where it meets Chester Avenue; westerly along Chester Avenue to meet Wiltshire Avenue; thence southerly for a short distance along Wiltshire Avenue to where it meets Wiltshire Gully; south-westerly, north-westerly along this gully to where it meets Kings House Avenue; thence westerly and along Kings House Avenue to meet East Kings House Road; thence south-westerly along East Kings House Road to the starting point. Manor Park Local Planning Area Starting at the point where Stony Hill Road meets Old Stony Hill Road; thence north-westerly along Old Stony Hill Road to where it meets Rockhampton Drive; thence north-westerly along Rockhampton Drive to meet Stillwell Road; north-westerly along Stillwell Road to meet the northern boundary of premises facing Parish Council Road Number 11A (Bracken Hill); westerly along this boundary to and along the northern boundary of premises Number 21 Armour Heights; thence south-westerly along this property boundary and along the western boundaries of western properties located on West Armour Height Road to meet the north-western boundary of Armour Glades; thence south-westerly along the western and southern boundaries of Armour Glades to where it meets the western premises of Lot Number 15A Grosvenor Heights; thence south easterly along the western property boundaries on western properties on FIRST SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 167 Grosvenor Heights Road and Grosvenor Terrace to where it meets an Old Parochial Road; thence south-westerly along an Old Parochial Road to where it meets Mannings Hill Road; thence south-easterly and along Mannings Hill Road to where it meets Constant Spring Road; thence south-easterly along Constant Spring Road to where it meets Grants Pen Road; continuing on Grants Pen Road to where it meets Sandy Gully; thence northerly and along the Sandy Gully to where it meets a concrete drain at number 1 Stevenson Avenue; thence south easterly along this concrete drain then continuing south-easterly along the back fences of premises on Rosewell Terrace (number 27 and 19) to meet the boundary of number 22 Lady Huggins Avenue; north-easterly along the back fences of premises on Rosewell Terrace (numbers 17–13); thence southerly along the western boundaries of premises on Charlton Close (numbers 12 and 5), 5 Dundee Avenue and 25½ Charlton Avenue; thence north-easterly along the eastern boundaries of premises 25½ and 27 Charlton Avenue to meet Charlton Avenue; thence south-easterly along Charlton Avenue to where it meets Shortwood Road; thence north-easterly along Shortwood Road to meet Rosebery Drive; thence south-easterly along Rosebery Drive to where it meets Wickham Avenue; thence north-easterly along this road to where it meets Roxburgh Avenue; thence south-easterly along Roxburgh Drive to where it meets Acadia Drive; then north-easterly along Acadia Drive to where it meets Evans Avenue; thence south-easterly along Evans Avenue to where it meets the Cherry Gardens Gully; thence northerly along this gully to and along a second gully to where it meets Salem Avenue; thence south-easterly along Salem Avenue to where it meets Upper Russell Heights; then northerly and along Upper Russell Heights to where it meets Upper Carmel Avenue; thence north-easterly along Upper Carmel Avenue to meet Carmel Close; thence westerly along this road to the southern property boundary of number 8 Carmel Way; thence north-westerly along property boundary to where it meets eastern property boundary of number 3 Upper Melwood Avenue; thence north-easterly and along this property boundary to where it meets a gully; thence southwesterly along this gully to where it crosses Upper Melwood Avenue; thence north-westerly along Upper Melwood Avenue to where it meets Upper Mark Way; thence north-easterly in a straight line to meet Cambridge Hill Parish Council Road (P.C.R.) at southern property boundary on Lot Number 11 Norbrook Estate; thence south-westerly along Cambridge Hill Parish Council Road (P.C.R.) to where it meets Hill Road; thence north-westerly along Hill Road to where it meets Norbrook Close at the southern property boundary of Lot Number 46 West Norbrook Heights; thence north westerly in a straight line crossing West Norbrook Drive to where it meets Stony Hill Road; thence south-easterly along this road to the starting point. New Kingston Local Planning Area Starting at the point where Ruthven Road meets Trafalgar Road; then, continuing south-easterly along Trafalgar Road to and southerly along Lady Musgrave Road up to its intersection with Old Hope Road; then continuing south along Old Hope Road to where it meets Oxford Road; then north-westerly FIRST SCHEDULE, contd. 168 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 along Oxford Road to Halfway Tree Road then along Halfway Tree Road to its intersection with Ruthven Road; then north-easterly along Ruthven Road to the starting point. Northern Mountain View Local Planning Area Starting at the intersection of Old Hope Road and Mountain View Avenue then southerly along Mountain View Avenue to the southern boundary of Munsfield Apartments then easterly along this boundary to the third lot on Tucker Avenue; then continuing southerly one lot deep along McIntosh Drive and then southerly along the boundary of Mountain View Terrace; until it meets with Longford Road; then westerly along the southern boundary of the playing field to Mountain View Avenue, then southerly along this road to the southern boundary of Excelsior Educational Complex along the same boundary until it meets with Abeng Way and along Abeng Way to the western boundary of lots on Koramantee Path; continuing northerly until it reaches Statue Road; then westerly along this road until it reaches the gully then north-westerly along the gully until it reaches Arthur Wint Drive; and easterly along this road until it reaches the intersection of Herb McKenley Drive (Roosevelt Avenue); then including generally the lots off Latham Avenue and the premises of Number 94 Old Hope Road; continuing north-easterly back to the starting point. Papine University District Local Planning Area Starting from the point where the National Chest Hospital Road intersects with Barbican Road; then north-easterly along Barbican Road to meet Widcombe Road; then north-easterly along Widcombe Road to Mountain Spring; then easterly in a straight line to a point on the foot of Jacks Hill; thence south easterly along the foothills of Jacks Hill to meet Gordon Town Road; then north easterly along Gordon Town Road to where it meets a track; then south-easterly along this track to meet the Hope River; then southerly along the western side of the Hope River to where it meets a bridge at Dallas Road; then north-westerly from this bridge to where Dallas Road meets Golding Avenue; then north westerly along Golding Avenue to the intersection of John Golding Road; then southerly along John Golding/University Road to where it meets August Town Road; then westerly along August Town Road to meet Hermitage Road; then north-westerly along Hermitage Road to where it meets Mona Road; then westerly along Mona Road crossing Blue Caster Drive to eastern property boundary of Lot Number 17 Mona Road; thence northerly along this property boundary continuing along the eastern boundary of lot number 174 Old Hope Road to meet Old Hope Road; thence westerly along Old Hope Road to where it meets Ravinia Road; thence northerly along this road to where it crosses a canal; thence north-easterly along this canal to the western Boulevard boundary of Number 1 Hope Boulevard; thence north-westerly along the western boundary of Number 1 Hope Boulevard to and along the western boundaries (back fences of premises on Hope Boulevard to northern-eastern property boundaries of lots number 164, 165 and 166 College Green; thence south-westerly along these FIRST SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 169 property boundaries to where it meets Sandy Gully; thence south-westerly along this gully to the eastern boundary of the Chest Hospital; thence northerly and along this boundary to the western boundaries of properties on Keble Crescent; thence north-easterly and along these boundaries to where it meets National Chest Hospital Road; thence south-westerly along this road to the starting point. Patrick Gardens Local Planning Area Starting at the point where the Sandy Gully intersects with the Washington Boulevard; thence north-easterly along the gully to Number 98 Patrick Drive, then one lot deep on the eastern side of Patrick Drive to the foot of Maverly Mountain, then westerly along the foothill of Maverly Mountain to the end of Portview Avenue, then along the border with Duhaney Park to Midland Drive, then one lot deep along Midland Drive to Daytona Drive, then along the western boundary of the lots on Daytona Drive to Washington Boulevard, then along the northern side of Washington Boulevard to the starting point at Sandy Gully. Port Royal Local Planning Area Starting at the point where Dockyard Lane meets the coastline, then easterly along the coastline to a point on the northern property boundary of a Gypsum storage compound at Harbour Head; thence southerly in a straight line to a point on the southern coast of the Palisadoes then westerly along the coast of the Palisadoes to Port Royal Point; then north-easterly along the coast from this point to the starting point at Dockyard Lane. Red Hills Local Planning Area Starting at the point where the Turnbridge Gully meets the Red Hills Main Road at Molynes Road; then north-easterly along this gully to where it meets Michigan Avenue; then easterly and north-easterly along Michigan Avenue, to where it meets a hill; then westerly along the foot of this hill to where it meets a section of Lady Hamilton Drive; then south-westerly along Lady Hamilton Drive to where it meets Leas Flat; then south-westerly and along Leas Flat to where it meets the Red Hills Main Road; then northerly along the Red Hills Main Road to where it meets East Kirkland Heights Avenue; then easterly and north-easterly along East Kirkland Heights Avenue to where it meets the Mount Salus Road; then easterly and north-easterly along the Mount Salus Road to where it meets a fork road; then westerly and along this fork road to where it meets a ridge; then westerly along this ridge to a point where it meets a track; then southerly along the track to where it meets Sundance Terrace; then along Sundance Terrace to where it meets Swain Spring Road; then northerly and along Swain Spring Road to where it meets the eastern boundary of land registered at Volume 935 Folio 223 then south-westerly in a straight line to a point along Red Hills Road in the vicinity of Lot registered at Volume 1282 Folio 834; then north westerly along Red Hills Road to a point where it meets a track at the western boundary of lot registered at Volume 1033 Folio 224; then south-westerly along that track to where it meets the parish boundary between St. Andrew and St. FIRST SCHEDULE, contd. 170 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Catherine; then south-westerly along the parish boundary to where it meets the Duhaney River; then easterly along the river to a point on the eastern boundary at Lot registered at Volume 1161 Folio 5; thence from this point north-easterly along the foothills back to the starting point. Richmond Park Local Planning Area Starting from the point where Hagley Park Road meets Aldington Avenue then southerly along Aldington Avenue to where it meets Montgomery Avenue; then south-easterly along this road to Maxfield Park Avenue then south-westerly along Maxfield Park Avenue until it reaches Chisholm Avenue; then north westerly along Chisholm Avenue to Ricketts Avenue; then westerly along Ricketts Avenue to Omara Road; then in a northerly direction along Omara Road to meet with Hagley Park Road; and then easterly along Omara Road back to the starting point. Seymour Lands Local Planning Area Starting at the point where Trafalgar Road meets Hope Road; then along Hope Road to its intersection with Old Hope Road at Matilda’s Corner, then southerly along Old Hope Road to its intersection with Lady Musgrave Road, then continuing northerly along Lady Musgrave Road to where it meets the southern property boundary of Matilda’s Police Station; thence westerly along the southern property boundaries of the Liguanea Post Mall to meet the eastern property boundary of Valencia Court; thence northerly along this property boundary to where it meets Hope Road; thence south-westerly along Hope Road to its junction with Trafalgar Road then along Trafalgar Road to the starting point. Stony Hill Local Planning Area Starting from the point where Mannings Hill Road meets Cavaliers to Stony Hill secondary road at the Mannings Hill Gap; north-easterly and along the Cavaliers to Stony Hill secondary road to where it meets a road at the Wesleyan Church; northerly along that road to Junction Road; northerly along Junction Road to meet Mount Airy to Golden Spring secondary road at Golden Spring; north-easterly along the Mount Airy to Golden Spring secondary road to where it crosses the Wag Water River; south-easterly along the Wag Water River to where it meets the Hermitage Dam Parish Council Road (P.C.R); south-easterly and along the Hermitage Dam Parish Council Road (P.C.R) to the Stony Hill Road; southerly and along the Stony Hill Road to meet Harbour View Road north of Red Gal Ring; south-easterly along Harbour View Road to meet a track; south-easterly along the track to meet Bridgemount Heights; southerly and along the Bridgemount Heights to Bridgemount Drive; south westerly and along Bridgemount Drive to meet Banana Walk; south-westerly along Banana Walk to Orange Park Road; south-westerly along Orange Park Road to a track (private); south-westerly along the track to meet Spring Drive; south-westerly along Spring Drive to the Old Stony Hill Road; southerly along Old Stony Hill Road to Rockhampton Drive; north-westerly along Rockhampton Drive to meet Stillwell FIRST SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 171 Road; north-westerly along Stillwell Road to meet the northern boundary of premises facing Parish Council Road number 11A (Bracken Hill); westerly along this boundary to and along the northern boundary of premises on Mannings Hill Road; westerly to Mannings Hill Road to the point where the Shingle Hut Gully crosses Mannings Hill Road; north-westerly and along Old Mannings Hill Road to meet Kingswood Track; westerly along Kingswood Track to meet Mannings Hill Road; north-westerly along Mannings Hill Road to the starting point. Southern Mountain View Local Planning Area Starting at the southern boundary of the Mountain View Primary School at the intersection with Mountain View Avenue; then south on Mountain View Avenue to the southern boundary of Excelsior High School and Mountain View Avenue; then westerly along this property boundary to Up Park Camp lands; then westerly along this boundary to a point where it intersects with Diana Drive; then southerly onto Diana Drive to where it intersects with Vineyard Road; then south-westerly along Vineyard Road to where it intersects with Merrion Road at Deanery Road, south along Deanery Road to where it intersects with Upper Elletson Road; from the intersection of Upper Elletson Road and Deanery Road, travelling in an easterly direction on Deanery Road to where it intersects with Langston Road; then easterly along Langston Road to where it intersects with Mountain View Avenue; then along Mountain View Avenue to where it intersects with Hilldene Avenue; then north easterly along Hilldene Avenue to where it intersects with the foot of Long Mountain then in a northerly direction along the foot of Long Mountain to where it intersects with the southern boundary of the Mountain View Primary School; then along this boundary back to the starting point. Downtown Kingston Local Planning Area Starting at the point where the western edge of the Tivoli Gully intersects the coastline of the Kingston Harbour; thence generally north-westerly along the coastline of the Kingston Harbour to the eastern boundary of the Petroleum Corporation of Jamaica; thence in a southerly, then north-westerly thence north easterly direction along the boundary of the Petroleum Corporation of Jamaica Refinery and the Kingston Harbour to the boundary of the Port of Kingston; then north-westerly, thence south-westerly, then south-easterly, south-westerly and north westerly along the sea walls of the Port of Kingston to a point which intersects with the eastern boundary of the Portmore leg of Highway 2000 in the vicinity of the northern abutment of the six (6) lane bridge; thence generally along the eastern boundary of the Highway 2000 in a northerly then easterly direction to the vicinity of the exit lane to the Portia Simpson-Miller Square; thence in a northerly direction along the eastern boundary of the exit lane to a point where the roadway crosses the concrete drain; thence easterly along the northern section of the concrete drain to the eastern boundary of Marcus Garvey Drive; thence in a northerly direction along the eastern boundary of the Marcus Garvey Drive to its intersection with Spanish Town Road at the Portia Simpson-Miller Square; thence in a generally easterly direction along the southern boundary of Spanish Town Road to its FIRST SCHEDULE, contd. 172 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 intersection with Industrial Terrace; thence south-easterly along Spanish Town Road to King Street; thence north-easterly along King Street to Race Course Lane; thence east along Race Course lane in a straight line to where it crosses Blount Street; thence north-easterly then easterly along the gully to a point on North Heroes Circle to the rear of the northern lots on Lord Elgin Street; then in a straight line to a point on Dames Road then in a southerly direction to a point on Anderson Road; thence southerly along the rear of the eastern lots along Anderson Road to Woodford Street; then easterly to Camp Road then north along Camp Road to Vineyard Road then easterly along Vineyard Road to where it meets Deanery Road; thence southerly along Deanery Road to where it meets Upper Elletson Road; thence generally in a north-easterly direction in a straight line to a point in Wareika Hill opposite the housing scheme at range; thence south-easterly in a straight line to the boundary of Kingston at Harbour View; thence southerly in a straight line to the coast thence in a generally westerly direction along the sea coast back to the starting point. FIRST SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 173 SECOND SCHEDULE Use Classes Order Planning permission is required for change of use from one class to another but not within the same class. Where permission is granted for development of any specified class the authority or the local planning authority may direct that permission shall not apply either to development in any particular area or in relation to any particular development. Class 1—Shops Use for all or any of the following purposes— (a) as a shop; (b) for the retail sale of goods to the public other than hot food; (c) as a post office; (d) for the sale of tickets or as a travel agency; (e) for the sale of sandwiches or other cold food for consumption off the premises; (f) for hair grooming (hairdressing and barbering); (g) for the direction of funerals but not the display of coffins and storing bodies; (h) for the display of goods for sale; (i) for the hiring out of domestic or personal goods or articles; (j) for the washing or cleaning of clothes or fabrics on the premises except for dry cleaning; (k) for the reception of goods to be washed, cleaned or repaired where the sale, display or services is to visiting members of the public except for dry cleaning; and (l) as an internet cafe; Class 2—Financial and Professional Services Use for the provision of— (a) financial services, (b) professional services (other than health or medical services), or (c) any other services (including use as a betting office) that it is appropriate to provide in a shopping area where the services are provided principally to visiting members of the public e.g. banks, building societies, estate and employment agencies. (Paragraph 5) 174 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Class 3—Restaurants and Cafes Use for the sale of food or drink for consumption on the premises— restaurants, snack bars and cafes. Class 4—Drinking Establishments Use as Public houses, bars or other drinking establishments (but not as a night club). Class 5—Hot Food Takeaways Use for the sale of hot food for consumption off the premises including pizza shops and take out establishments. Class 6—Business Use for all or any of the following purposes:— (a) As an office other than use within class 2 (financial and professional services); (b) research and development of products or processes; or (c) for any light industrial process being a use which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit. Class 7—General industry Use for the carrying on of any industrial process other than one falling within Class 6. Class 8—Storage or Distribution Use for storage or as a distribution centre or as a wholesale warehouse, but not for use of scrap metal storage or any other dangerous or hazardous materials. Class 9—Hotels Use as a hotel or as a boarding or guest house where, in each case, no significant element of care is provided (excluded hostels). Class 10—Residential Institutions (a) for the provision of residential accommodation and care to people in need of after care. (Other than a use within Class 12 (dwelling houses); (b) use as a hospital or nursing home; or (c) use as a residential school, college or training centre. SECOND SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 175 Class 11—Secure Residential Institution Use for a provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short term holding centre, secure hospital or use as a military barracks. Class 12—Dwelling House Use as a dwelling house (whether or not as a sole or main residence). (a) by a single person or persons living together as a family; or (b) by not more than six (6) residents living together as a single household (including a household where care is provided for residents such as disabled or handicapped people living in the community and students or young people sharing a dwelling). Class 13—Non-Residential Institutions Any use not including a residential use:— (a) for the provision of any medical or health services except the use of premises attached to the residence of the consultant or practitioner; (b) as a creche, day nursery, day care centre, health centre, clinic; (c) for the provision of non-residential education and training centre; (d) for display of records of art (otherwise than for sale or hire); (e) as a museum; (f) as a public library or public reading room; (g) as a court of law; or (h) as an art gallery. Class 14—Assembly and Leisure Use as— (a) a public hall, concert hall, exhibition hall, social centre or a community centre; (b) a theatre, cinema, music hall; or (c) a dance hall (but not night clubs), swimming bath, skating rinks, gymnasium, sport arenas or for other indoor games (except for motor sports, or where firearms are used). Note: Activities not specified in a Use Class and for which planning permission is required are required in paragraph 5(4). SECOND SCHEDULE, contd. 176 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 THIRD SCHEDULE Permitted Development Classes of Development which may be undertaken without requiring planning permission. (Permission granted by Development Order) Where permission is granted under this Schedule for the erection, extension or alteration of any buliding the permission of the local planning authority may be required to be obtained with respect to the design of the external appearance. PART 1—Development within the Curtilage of a Dwelling House Use for all or any of the following purposes:— Class A Permitted development A. The enlargement, improvement or other alteration of a dwelling house. Development A.1 Development is not permitted if— not permitted (a) the cubic content of the resulting building would exceed the cubic content of the original dwelling house— (i) in the case of a terrace house or a town house by more than 50 cubic metres or 10%, whichever is the greater; (ii) in any other case, by more than 70 cubic metres; (b) the part of the building enlarged, improved or altered would exceed in height the highest part of the roof of the original dwelling house; (c) the part of the building enlarged, improved or altered would be nearer to any highway which bounds the curtilage of the dwelling house than— (i) the part of the original dwelling house nearest to that highway; or (ii) 15.24 metres, whichever is the nearest to the high way; (Paragraph 7) MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 177 (d) the part of the building enlarged, improved or altered would be within 1.5 metres of the boundary of the curtilage of the dwelling house and would exceed 3.6 metres in height; (e) the total area of ground covered by buildings within the curtilage (other than the original dwelling house) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwelling house); (f) it would consist of or include the installation, alteration or replacement of a satellite antenna; (g) it would consist of or include an erection of a building within the curtilage of a listed building; or (h) it would consist of or include an alteration to any part of the roof. A.2 Development is not permitted by Class A if it would consist of or include the cladding of any part of the exterior with stone, artificial stone, timber, plastic or tiles to an existing external surface. Conditions A.3 Development is permitted by Class A subject to the following conditions: (a) the construction materials must be similar in the appearance to those used in the construction of the existing dwelling house; (b) any window in the upper floor wall forming a side elevation must be: (i) obscure glazed and/or (ii) non-opening unless the opening parts are more than 1.7 metres above the floor of the room in which they are located; (c) where the enlarged portion has more than a single storey, the roof pitch of THIRD SCHEDULE, contd. 178 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 the extension should be the same as the original dwelling house as much as possible. Interpretation of A.4 For the purpose of Class A— Class A (a) the erection within the curtilage of a dwelling house of any building with a cubic content greater than 10 cubic metres shall be treated as the enlarge ment of a dwelling house for all purpose including calculating cubic content where any part of that building would be within 5 metres of any part of the dwelling house; (b) where any part of the dwelling house would be within 5 metres of an existing building within the same curtilage, that building shall be treated as forming part of the resulting building for the purposes of calculating the cubic content. Class B Permitted B. The enlargement of a dwelling house consisting Development of an addition or alteration to its roof. Development B. 1 Development is not permitted if— not permitted (a) any part of the dwelling house would as a result of the works, exceed the height of the highest part of the existing roof; (b) any part of the dwelling house would, as a result of the works extend beyond the plane of any existing roof slope which fronts any highway; (c) it would increase the cubic content of the dwelling house by more than 40 cubic metres, in the case of a town house or terrace house or 50 cubic metres in any other case; (d) the cubic content of the resulting building would exceed the cubic content of the original dwelling house— (i) in the case of a terrace house or town house by THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 179 more than 50 cubic metres or 10%, whichever is the greater; (ii) in any other case, by more than 70 cubic metres or 15%, whichever is the greater; or (iii) in any case, by more than 115 cubic metres. (e) it would consist of or include the construction or provision of a verandah or balcony. Conditions B.2 Development is permitted by Class B subject to the following conditions:— (a) the construction materials must be similar in appearance to those used in the construction of the existing dwelling house; (b) the enlargement must be constructed so that:— (i) other than a hip to gable enlargement or one which joins the original roof to the roof of a side or rear extension the eaves of the original roof are to be maintained or reinstated; (ii) other than in the case of an enlargement which joins the original roof to the roof of a rear or side extension it is not intended beyond any external wall of the dwelling house. Class C Permitted C. Any other alteration to the roof of a dwelling Development house. Development C.1 Development is not permitted if it would result in not permitted material alteration to the shape of the dwelling house. THIRD SCHEDULE, contd. 180 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Condition C.2 Development is permitted by Class C subject to the following conditions:— (a) any window located on a roof slope forming a side elevation to a building should be glazed or non-opening to a height of not less that 1.7m above floor level or the room which it isinstalled. Class D Permitted D. The erection or construction of a porch outside any Development external door of a dwelling house. Development D. 1 Development is not permitted if— not permitted (a) the ground area (measured externally) of the structure would exceed 3 square metres; (b) any part of the structure would be more than 3 metres above ground level; (c) any of the structure would be within 15.54 metres of any boundary of the curtilage of the dwelling house with a highway. Class E Permitted E. The provision within the curtilage of a dwelling Development house of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house as such, or the maintenance, improvement or other alteration of such a building or enclosure. Development E.1 Development is is not permitted if— not permitted (a) it relates to a dwelling or a satellite antenna; (b) any part of the buildings or enclosure to be constructed or provided would be nearer to any highway which bounds the curtilage than— (i) the part of the original dwelling house nearest to that highway; or THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 181 (ii) 15.24 metres whichever is nearer to the highway; (c) where the building to be constructed or provided would have a cubic content greater than 10 cubic metres, any part of it would be within 5 metres of any part of the dwelling house; (d) the height of that building or enclosure would exceed 3.66 metres, in the case of a building with a ridged roof; or 3 metres, in any other case; (e) the total area of ground covered by buildings or enclosures within the curtilage (other than the original dwelling house) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwelling house); or (f) in the case of land within the curtilage or a listed building, it would consist of the provision, alteration or improvement of a building with a cubic content greater than 10 cubic metres. Interpretation E. 2 for the purpose of Class E purpose incidental to the of Class E enjoyment of the dwelling house as such, includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwelling house where the dwelling house is located in a rural area. Class F Permitted F. The provision within the curtilage of a dwelling house Development of a hard surface for any purpose incidental to the enjoyment of the dwelling house as such. Class G Permitted G.. The installation, alteration or replacement of a satellite Development antenna on a dwelling house or within the curtilage of a dwelling house. Development G. 1 Development is not permitted if— not permitted (a) the size of the antenna (excluding any projecting feed element, reinforcing rim, THIRD SCHEDULE, contd. 182 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 mounting and brackets) when measured in any dimension would exceed— (i) 45 centimetres in the case of an antenna to be installed on a chimney; (ii) 70 centimetres in any other case; (b) the highest part of an antenna to be installed on a roof or a chimney would, when installed, exceed in height— (i) in the case of an antenna to be installed on a roof, the highest part of the roof; (ii) in the case of an antenna to be installed on a chimney, the highest part of the chimney; (c) there is any other satellite antenna on the dwelling house or within its curtilage; Conditions G. 2 Development is permitted by Class G subject to the following conditions— (a) an antenna installed on a building shall, so far as practicable, be sited so as to minimise its effect on the external appearance to the building; (b) an antenna no longer needed for the reception or transmission of microwave radio energy shall be removed as soon as reasonably practicable. Interpretation of 1. For the purposes of Part 1— Part 1 “existing building” means the dwelling house as enlarged, improved or attached, taking into account any enlargement, improvement or alteration to the original dwelling house, whether permitted by this Part or not. THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 183 PART 2—Minor Operations Class A Permitted A. The erection, construction, maintenance, improve Development ment or alteration of a gate, fence, wall or other means of enclosure. Development A.1 Development is not permitted if— not permitted (a) the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, after the carrying out of the development, exceeds one metre above ground level; (b) the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed two metres above ground level; (c) the height of any gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub paragraph (a) or (b) as the height appropriate to it if erected or constructed, which is the greater; or (d) it would involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building. Class B Permitted B. The formation, laying out and construction Deveopment of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any class in this Schedule (other than by Class A of this Part). Class C Permitted C. The painting of the exterior of any building or work. Development THIRD SCHEDULE, contd. 184 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Development C. 1 Development is not permitted where the painting is not permitted for the purpose of advertisement, announcement or direction. Interpretation C. 2 In class C “painting” includes any application of colour. General Note This part grants planning permission for minor operations in relation to walls and enclosures, and means of access. There is some overlap with Pt. 1, which permits the erection of buildings and enclosures, but is limited to dwelling house curtilages. Rights under this part are not so limited. Class D Permitted D. The installation, alteration or replacementwithin Development an area lawfully used for off-street parking, of a wall or similar device with an electrical outlet mounted on it for recharging electric vehicles. Development D. 1 Development is not permitted if:— not permitted (i) the outlet and its casing would exceed 0.2 cubic metres; (ii) the upstand and outlet would exceed 1.5 metres from surface level; (iii) it is faced onto and is accessible within 6m of a highway; (iv) it is within a site listed as a national monument; (v) more than one electrical outlet is being provided for each parking space Conditions D. 2 Development is permitted by Class D subject to the following conditions:— (a) the development is removed as soon as is practicable if no longer required; and (b) the wall on which the development was mounted or the land on which it was set be reinstated to its original condition. Class E Permitted E. The installation, alteration or replacement on a development building of a closed circuit television camera to be used for security purposes. THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 185 Development E.1. Development is not permitted if :— not permitted (a) the building on which the camera would be installed, altered or replaced is a scheduled national monument; (b) the dimensions of a camera including its housing exceed 0.75 metres by 0.25 metres by 0.25 metres; (c) any part of a camera would, when installed, altered or replaced, be less than 2.5 metres above ground level; (d) any part of a camera would, when installed, altered or replaced, protrude from the surface of the building by more than 1 metre when measured from the surface of the building; (e) any part of a camera would, when installed, altered or replaced, be in contact with the surface of the building at a point which is more from any other point of contact; Conditions E.2. Development is permitted by Class E subject to the following conditions:— (i) the camera is as far as practicable, sited so that its effect on the external appearance of the building on which it is situated is minimized; and (ii) the camera is removed as soon as it is no longer required for security purposes. Interpretation of E.3. For the purposes of Class E— Class E “camera”, except in paragraph E.I (b), includes its housing, pan and tilt mechanism, infrared illuminator, receiver, mountings and brackets; and “ground level” means the level of the surface of the ground immediately adjacent to the building or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it. THIRD SCHEDULE, contd. 186 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 General Note This part grants planning permission for minor operations in relation to walls and enclosures, and means of access. There is some overlap with Pt. 1 which permits the erection of buildings and enclosures, but is limited to dwelling-house curtilages. Rights under this Part are not so limited. PART 3—Development by Local Authorities Class A Permitted A. The erection or construction and maintenance, Development improvement or other alteration by local authority of— (a) such small ancillary building works and equipment as are required on land belonging to or maintained by them for the purpose of any functions exercised by them on that land otherwise than as statutory undertakers; (b) lamp standards, information works, passenger shelters and seats, telephone boxes, fire alarms, public drinking fountains, horse troughs, useful bins or baskets, barriers for the control of persons waiting to enter public vehicles, and such similar structures or works as may be required in connection with the operation of any public service administered by them. Class B Permitted B. The deposit by a local authority of waste material or Development refuse on any land comprised in a site which was used for that purpose previously, whether or not the superficial area or the height of the deposit is thereby extended. PART 4—Temporary Buildings and Uses Class A Permitted A. The provision on land of buildings, moveable Development structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land. THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 187 Development A. 1 Development is not permitted if— not permitted (a) the operations referred to are mining operations; or (b) planning permission is required for those operations but is not granted or deemed to be granted. Conditions A. 2 Development is permitted subject to the conditions that, when the operations have been carried out— (a) any building, structure, works, plant or machinery permitted by this Class shall be removed; and (b) any adjoining land on which develop ment permitted by this Class has been carried out shall as soon as reasonably practicable, be reinstated to its condition before that development was carried out. Class B Permitted B. The use of any land for any purpose for not more Development than 28 days in total in any calendar year, of which not more than 14 days in total may be for the purpose of the holding of a market or motor car and motor cycle racing including trials for speed and practicing for these activities and the provision on the land of any moveable structure for the purposes of the permitted use. Development B. 1 Development is not permitted if— not permitted (a) the land in question is a building or is within the curtilage of a building; or (b) the land is, or is within, an area of special scientific interest and the use of the land is for— (i) motor car and motor cycle racing or other motor sports; (ii) clay pigeon shooting; or (iii) any war game. THIRD SCHEDULE, contd. 188 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Interpretation of Class B. B. 2 In this class, “war game” means an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke bombs, or guns or grenades which fire or spray paint or are otherwise used to mark participants), but excludes military activities or training exercises organized by or with the authority of the Jamaica Defence Force. PART 4A —Non-Domestic Extensions and Alterations Class A Permitted A The extension or alteration of a shop, financial or Development professional service establishment. Development A.1 Development is not permitted if:— not permitted (a) the gross floor area of the original building would be exceeded by more than 50% or 100 square metres (whichever is lesser); (b) the height of the extension would exceed 4 metres; (c) any part of the development would be on land which is used for residential purpose or institution; (d) any part would extend beyond an existing building front; or (e) would involve the erection of a new building or the alteration or replacement of an existing one. Conditions A.2 Development is permitted subject to the following conditions:— (a) any alteration is at ground floor level only; or (b) any extension or alteration is to be used as part of, or for a purpose incidental to the use of the ship, financial or professional service establishment only. Interpretation A. 3 Shop, financial or professional services establish ment means a building or part of a building used for THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 189 any purpose within the Class 1 or 2 of the Use Classes Order and includes buildings with other uses in other parts as long as they are not in the part being altered and where there are two buildings in the same curtilage they are to be treated as one in making any measurement. Class B Permitted B. The extension or alteration of an office building. Development Development B.1 Development is not permitted if— not permitted (a) the gross floor space of the original building would be exceeded by more than 50% or 100 square metres (whichever is lesser); (b) the proposed height of the building would exceed if within 10 metres of a boundary of the curtilage of the premises, 5 metres; or in all other cases, the height of the building being intended. (c) any part of the development other than an alteration would be within 5 metres of the curtilage of the premises. Conditions B.2 Development is permitted subject to the following:— (a) any office building as extended or altered be used only for a purpose related to that building; and (b) any alteration is at the ground floor level only. Interpretation B.3 Where two or more original buildings are within the same curtilage and are being used for the same undertaking they are to be treated as a single original building in making any measurements or calculation. Class C Permitted C. Development consisting of:— Development (a) the provision of hard surface within the curtilage of an office building to be used for the relevant office; or (b) the replacement in whole or in part of such a surface. THIRD SCHEDULE, contd. 190 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Development C.1 Development is not permitted if the cumulative area not permitted of hard ground coverage would exceed 50 square metres. Conditions C.2 Development is permitted subject to:— (a) where there is a risk of ground water contamination the hard surface is not made of porous material; and (b) in all other cases the hard surface is made of porous material; or (c) provision is made to direct run-off from hard surface to a permeable or porous area within the curtilage of a building. Class D Development D. The erection, extension or alteration of an industrial Permitted building or warehouse. D.1 Development is not permitted if:— (a) the gross floor space of any new building erected would exceed 200 square metres; (b) the gross floor space of the original building would be exceeded by more than 50% or 1,000 square metres; (c) the height of building as extended or altered would exceed the height of the existing building; (d) the development would lead to a reduction in the parking or turning of motor vehicles; or (e) any part of it would be within 5 metres of any boundary of the curtilage of the premises. Conditions D.2 Development is permitted subject to:— (a) the proposal being within the curtilage of an existing industrial building or warehouse; or (b) any building erected, extended or altered is only to be used for industrial purposes in the case of an industrial building and THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 191 for storage or distribution in the case of a warehouse building; or (c) any extension or alteration is constructed using similar external material to the existing building. D.3 Where two or more original buildings are in the same curtilage and used for the same purpose they are to be treated as a single original building for the purpose of the measurements. Class E Permitted E. Development consisting of the provisioning of a hard Development surface within the curtilage of an industrial building or warehouse to be used by the activity or the replacement in whole or in part of such a surface. Development E.1 Development would not be permitted if it would be not permitted in the curtilage of listed building or heritage site. Conditions E.2 If there is a risk of ground water pollution, the hard surface must not be made of porous material, however, in all other cases it is to be made of porous material or provision is to be made to direct the run-off to a porous area or surface within the curtilage of the site. CLASS F Permitted F The erection, extension or alteration of a school, Development college, university or hospital. Development F.1 Development is not permitted:— not permitted (a) if the cumulative gross floor space of any building erected, extended or altered would exceed— (i) 25% of the gross floor space of the original building; or (ii) 100 square metres, which ever is less; (b) if any part of the development would be within 5 metres of the curtilage of the site; (c) if as a result of the development any land used as a playing field up to five years THIRD SCHEDULE, contd. 192 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 before the commencement of the development could no longer be used as such. (d) if the height of the building when extended or altered would increase the height of the existing building; (e) unless the predominant use of the buildings on site is for the provision of education and medical or health services respectively. Conditions F.2 Development is permitted subject to the following conditions:— (a) the proposal is within the curtilage of an existing school, college, university or hospital; (b) the development is only used as part of, or for a purpose incidental to the use of that school, college, university or hospital; or (c) any extension or alteration is constructed using material similar to that of the external appearance of the original building. Class G Permitted G. Development consisting of hard surfaces for schools, Development colleges, universities or hospitals or the replacement in part or whole of such a surface. Development G..1 Development is not permitted if:— not permitted (a) the cumulative area of the ground covered by hard surface within the curtilage of the site would exceed 50 square metres; or (b) any land used as a playing field any time before the development commenced could no longer be so used. Conditions G..2 Development is permitted subject to the following:— (a) where there is risk of ground water contamination, the hard surface is not made of porous material; or THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 193 (b) provision is made to direct run-off from the hard surface to a permeable or porous area or surface within the curtilage of the institution. PART 5 —Agricultural Buildings and Operations Class A Permitted A. Development on units 2.0 hectares or more. The Development carrying out on agricultural land comprised in an agricultural unit 2.0 hectares or more in area of— (a) works for the erection, extension or alteration of a building; or (b) any excavation or engineering opera tions, which are reasonably necessary for the purposes of agriculture within that unit. Development A.1 Development is not permitted if— not permitted (a) the development would be carried out on a separate parcel of land forming part of the unit which is less than 0.4 hectare in area; (b) it would consist of, or include, the erection, extension or alteration of a dwelling; (c) it would involve the provision of a building, structure or works not designed for agricultural purposes; or (d) the ground area which would be covered by— (i) any works or structure (other than a fence) for accommodating livestock or any plant or machinery arising from engineering operations; or (ii) any building erected or extended or altered by virtue of this Class, would exceed 465 square metres, calcu lated as described in paragraph D.2; THIRD SCHEDULE, contd. 194 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (e) the height of any part of any building, structure or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres; (f) the height of any part of any building, structure or works not within 3 kilometres of the perimeter of an aerodrome would exceed 12 metres; (g) any part of the development would be within 25 metres of a metalled part of a trunk or classified road; (h) it would consist of, or include, the erection or construction of, or the carrying out of any works to, a building, structure or an excavation used or to be used for the accommodation of livestock or for the storage of slurry or sewage sludge where the building, structure or excavation is, or would be, within 400 metres of the curtilage of a protected building; or (i) it would involve excavations or engineering operations over land which are connected with fish farming. Conditions A. 2 1. Development is permitted by Class A subject to the following conditions— (a) where development is carried out within 400 metres of the curtilage of a protected building, any building, structure, excavation or works resulting from the development shall not be used for the accommodation of livestock except in the circumstances described in para graph D.3 or for the storage of slurry or sewage sludge; (b) where the development involves— (i) the extraction of any mineral from the lands; or (ii) the removal of any mineral from a mineral-working deposit, the mineral shall not be moved off the unit; THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 195 (c) waste materials shall not be brought onto the land form elsewhere for deposit except for use in works described in Class A (a) or in the creation of a hard surface and any materials so brought shall be incorporated forthwith into the building or works in question. 2. Subject to paragraph (3), development consisting of— (a) the erection, extension or alteration of a building; (b) the formation or alteration of a private way; (c) the carrying out of excavations of the deposit of waste material (where the relevant area, as defined in paragraph D.4 below exceeds 0.5 hectare); or (d) the placing or assembly of a tank in any waters is permitted by Class A subject to the following conditions— (i) the developer shall, before beginning the development, apply to the local planning authority for a determi nation as to whether the prior approval of the authority will be required for the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation of the deposit or the siting and appearance of the tank, as the case may be; (ii) the application shall be accompanied by a written description of the proposed development and of the materials to be used and a plan indicating the site; THIRD SCHEDULE, contd. 196 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (iii) the development shall not be begun before the occurrence of one of the following— (i) the receipt by the applicant from the local p l a n n i n g authority of a written notice of their deter mination that such prior approval is not required; (ii) where the local p l a n n i n g authority gives the applicant notice within 28 days following the date on which the ap plication was received by the local planning a u t h o r i t y without the local planning a u t h o r i t y making any determination as to whether such approval is required or notifying the applicant of their determi nation; (iii) the expiry of 28 days following the date on which the ap THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 197 plication was received by the local planning a u t h o r i t y without the local planning a u t h o r i t y making any determination as to whether such approval is required or notifying the applicant of their determi nation; (iv) (i) where the local planning authority gives the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant; (ii) the applicant shall not be treated as not having complied with the requirements of sub-paragraph (i); (iii) if the site notice is, without any fault or THIRD SCHEDULE, contd. 198 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 intention of his, removed, obscured or defaced before the period of 21 days referred to in that sub paragraph has elapsed, if he has taken reasonable steps for its protection and, if needs be, replace ment; (v) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out— (i) where prior approval is required, in a c c o r d a n c e with the details approved; (ii) where prior approval is not required, in a c c o r d a n c e with the details submitted with the applica tion; and (vi) the development shall be carried out— (i) where approval has been given by the local p l a n n i n g a u t h o r i t y , within a period of two years from the date on which approval was given; THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 199 (ii) in any case, within a period of two years from the date on which the local planning authority were given the infor mation referred to in subpara graph (b). 3. The conditions in paragraph (2) do not apply to the extension or alteration of a building except in the case of significant alteration or a significant extension. 4. Development consisting of the significant extension or the significant alteration of a building may only be carried out once by virtue of Class A Class B Permitted B. Development on units of less than 2.0 hectares. The Development carrying out on agricultural land comprised in an agricultural unit of not less than 0.4 but less than 2 hectares in area of development consisting of— (a) the extension or alteration of an agricultural building; (b) the installation of additional or replacement plant or machinery; (c) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; (d) the provision, rearrangement or replacement of a private way; (e) the creation of a hard surface; (f) the deposit of waste; or (g) the carrying out of any of the following operations in connection with fish farming, namely repairing ponds and raceways; the installation of grading machinery, aeration equipment or flow THIRD SCHEDULE, contd. 200 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 meters and any associated channel; the dredging of ponds; and the replacement of tanks and nets, where the develop ment is reasonably necessary for the purposes of agriculture within the unit. Development B. 1 Development is not permitted by Class B if— not permitted. (a) the development would be carried out on a separate parcel of land forming part of the unit which is less than 0.4 hectare in area; (b) the external appearance of the premises would be materially affected; (c) any part of the development would be within 25 metres of a metalled part of a trunk or classified road; (d) it would consist of, or involve, the carrying out of any works to a building or structure used or to be used for the accommodation of livestock or the storage of slurry or sewage sludge where the building or structure is within 400 metres of the curtilage of a protected building; or (e) it would relate to fish farming and would involve the placing or assembly of a tank on land or in any waters or the construction of a pond in which fish may be kept or an increase (otherwise than by the removal of silt) in the size of any tank or pond in which fish may be kept. B. 2 Development is not permitted by Class B(a) if— (a) the height of any building would be increased; (b) the cubic content of the original building would be increased by more than 10 percent; (c) any part of any new building would be more than 30 metres from the original building; THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 201 (d) the development would involve the extension, alteration or provision of a dwelling; (e) any part of the development would be carried out within 5 metres of any boundary of the unit; or (f) the ground area of any building extended by virtue of this Class would exceed 465 square metres. B. 3 Development is not permitted by Class B (b) if— (a) the height of any additional plant or machinery within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres; (b) the height of any additional plant or machinery not within 13 kilometres of the perimeter of an aerodrome would exceed 12 metres; (c) the height of any replacement plant or machinery would exceed that of the plant or machinery being replaced; or (d) the area to be covered by the develop ment would exceed 465 square metres calculated as described in paragraph D.2 below. B. 4 Development is not permitted by Class B (e) if the area to be covered by the development would exceed 465 square metres calculated as described in paragraph D.2 below. Conditions B. 5 Development permitted by Class B and carried out within 400 metres of the curtilage of a protected building is subject to the condition that any building which is altered, or any works resulting from the development, shall not be used for the accommo dation of livestock except in the circumstances described in paragraph D.3 or for the storage of slurry or sewage sludge. B. 6 Development is permitted by Class B (f) subject to the following conditions— (a) that waste materials are not brought on to the land from elsewhere for deposit THIRD SCHEDULE, contd. 202 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 unless they are for use in works described in Class B (a), (d) or (e) and are incorporated forthwith into the building or works in question; and (b) that the height of the surface of the land will not be materially increased by the deposit. Class C Mineral Working for Agricultural Purposes. Permitted C. The winning and working on land held or occupied Development with land used for the purposes of agriculture of any mineral reasonably necessary for agricultural purposes within the agricultural unit of which it forms part. Development C. 1 Development is not permitted by Class C if any not permitted excavation would be made within 15.24 metres of a metalled part of a trunk or classified road. Condition C. 2 Development is permitted by Class C subject to the condition that no mineral extracted during the course of the operation shall be moved to any place outside the land from which it was extracted, except to land which is held or occupied with that land and is used for the purposes of agriculture. Interpretation D. 1 For the purposes of Part 5— of Part 5 “agricultural land” means land which, before development permitted by this Part is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business, and excludes any dwelling house or garden; “agricultural unit” means agricultural land which is occupied as a unit for the purposes of agriculture, including— (a) any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit; or (b) any dwelling on that land occupied by a farm worker; THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 203 “building” does not include anything resulting from engineering operations; “fish farming” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean and molluscs); “livestock” includes fish or shellfish which are farmed; “protected building” means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include— (a) a building within the agricul tural unit; (b) a dwelling or other building on another agricultural unit which is used for or in connection with agriculture; “significant extension” and “significant alteration” mean any extension or alteration of the building where the cubic content of the original building would be exceeded or altered would exceed the height of the original building; and “tank” includes any cage and any other structure for use in fish farming. D. 2 For the purposes of this Part— (a) an area calculated as described in this paragraph comprises the ground area which would be covered by the proposed development, together with the ground area of any building (other than a dwelling), or any structure, works, plant, machinery or ponds or tanks within the same unit which are being provided or have been provided within the preceding two years and any part of which would be within 90 metres of the proposed developments; and (b) 400 metres is to be measured along the ground. THIRD SCHEDULE, contd. 204 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 D. 3 The circumstances referred to in paragraph A.2 (1) (a) and B. 5 are that no other suitable building or structure, 400 metres or more from the curtilage of a protected building, is available to accommodate the livestock; and (a) that the need to accommodate it arises from— (i) a quarantine requirements; (ii) an emergency due to another building or struc ture in which the livestock could otherwise be accom modated being unavailable because it has been damaged or destroyed by fire, flood or storm; or (b) in the case of animals normally kept out of doors they require temporary accommodation in a building or other structure— (i) because they are sick or giving birth or newly born; or (ii) to provide shelter against extreme weather conditions. D. 4 For the purposes of paragraph A. 2 (2)(iii) the relevant area is the area of the proposed excavation or the area on which it is proposed to deposit waste together with the aggregate of the areas of all other excavations within the unit which have not been filled and of all other parts of the unit on or under which waste has been deposited and has not been removed. D. 4A In paragraph A.2(2) (d) (iv), “site notice” means a notice containing— (a) the name of the applicant; (b) the address or location of the proposed development; (c) a description of the proposed development and of the materials to be used; THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 205 (d) a statement that the prior approval of the authority will be required for the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be; (e) the name and address of the local planning authority and which is signed and dated by or on behalf of the applicant. D. 5 For the purpose of Class B— (a) the erection of any additional building within the curtilage of another building is to be treated as the extension of that building and the additional building is not to be treated as an original building; (b) where two or more original buildings are within the same curtilage and are used for the same undertaking they are to be treated as a single original building in making any measurement in connection with the extension or alteration of either of them. D. 6 In Class C, “the purposes of agriculture” includes fertilizing land used for the purposes of agriculture and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used.”. PART 6—Forestry Buildings And Operations Class A Permitted A. The carrying out on land used for the purposes of development forestry, including afforestation, of development reasonably necessary for those purposes consisting of— (a) works for the erection, extension or alteration of a building; THIRD SCHEDULE, contd. 206 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (b) the formation, alteration or main tenance of private ways; (c) operations on that land, or on land held or occupied with that land, to obtain the materials required for the formation, alteration or maintenance of such ways; (d) other operations (not including engineering or mining operations). Development A. 1 Development is not permitted if— not permitted (a) it would consist of or include the provision or alteration of a dwelling; (b) the height of any building or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height; or (c) any part of the development would be within 15.24 metres of the metalled portion of a trunk or classified road. Conditions. A. 2(1) Subject to paragraph (3), development consisting of the erection of a building or the (extension or alteration) of a building or the formation or alteration of a private way is permitted by Class A subject to the following conditions— (a) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required in respect to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way; (b) the application shall be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site; THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 207 (c) the development shall not be begun before the occurrence of one of the following— (i) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required; (ii) where the local planning authority gives the appli cant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; (iii) the expiry of 28 days follow ing the date on which the application was received by the local planning authority without the local planning authority making any deter mination as to whether ap proval is required or notify ing the applicant of their determination; (d) where the local planning authority gives the applicant notice that such prior approval is required— (i) the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant; THIRD SCHEDULE, contd. 208 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (ii) the applicant shall not be treated as not having complied with the require ments of sub-paragraph (i); (iii) if the site notice is, without any fault or intention of his, removed, obscured or defaced before the period of 21 days referred to in that sub-paragraph has elapsed, if he has taken reasonable steps for its protection and, if need be, replacement; (e) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out— (i) where prior approval is required, in accordance with the details approved; (ii) where prior approval is not required, in accordance with the details submitted with the application; (f) the development shall be carried out— (i) where approval has been given by the local planning authority, within a period of two years from the date on which approval was given. failing which the applicant has to reapply; (ii) in any other case, within a period of two years from the date on which the local planning authority were given the information referred to in sub-paragraph (b). (2) In the case of development consisting of the significant extension or the significant alteration of a THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 209 building, such development may be carried out only once. Interpretation. A. 3 For the purposes of this class— “Significant extension” and “significant alteration” mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10 percent or the height of the building as extended or altered would exceed the height of the original building. “site notice” means a notice containing— (a) the name of the applicant; (b) the address or location of the proposed development; (c) a description of the proposed development and of the materials to be used; (d) a statement that the prior approval of the authority will be required for the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way; (e) the name and address of the local planning authority, and which is signed and dated by or on behalf of the applicant. PART 7—Repairs To Unadopted Streets and Private Ways Class A Permitted The carrying out on land within the boundaries of an Development unadopted street or private way of works required for the maintenance or improvement of the street or way. General Note Works by road authorities for maintenance and improvement of roads do not constitute develop ment, by virtue of the 1957 Act, S.5 (2)(b). THIRD SCHEDULE, contd. 210 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 This Part grants planning permission for such works in relation to unadopted streets and private ways, being in both cases, ways or highways which are not maintainable at the public expense. PART 8—Repairs to Services Class A Permitted The carrying out of any works for the purposes of development inspection, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose. General Note Works for the purpose prescribed in this part do not require planning permission if undertaken by local authorities and statutory undertakers, by virtue of the 1957 Act, S.5 (2)(c). This part grants planning permission for cases where the works are to be carried out by others. PART 9—Aviation Development Class A Development at an Airport Permitted A. The carrying out on operational land by a relevant Development airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at a relevant airport. Development A.1 Development is not permitted by class A if it would not permitted consist of or include— (a) the construction or extension of a runway; (b) the construction of a passenger terminal the floor space of which would exceed 500 square metres; (c) the extension or alteration of a passenger terminal, where the floor space of the building as existing at the date of coming into force of this order or, if built after that date, of the building as built would be exceeded by more than 15 per cent; (d) the erection of a building other than an operational building; THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 211 (e) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected. Conditions A. 2 Development is permitted by Class A subject to the condition that the relevant airport consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph A.3(2). Interpretation A. 3(1) For the purposes of paragraph A. 1 floor space of Class A shall be calculated by external measurement and without taking account of the floor space in any pier or satellite. (2) Development falls within this paragraph if— (a) it is urgently required for the efficient running of the airport; and (b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancilliary building, or the placing on land of equipment, and the works, structure, building, or equipment, do not exceed 4 metres in height or 200 cubic metres in capacity. Class B Air navigation development at an airport Permitted B. The carrying out on operational land within the Development perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with— (a) the provision of air traffic control services; (b) the navigation of aircraft using the airport; or (c) the monitoring of the movement of aircraft using the airport. Class C C. Air navigation development near an airport Permitted The carrying out on operational land outside but Development within 8 kilometres of the perimeter of a relevant THIRD SCHEDULE, contd. 212 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 airport by a relevant airport operator or its agent, of development in connection with— (a) the provision of air traffic control services; (b) navigation of aircraft using the airport; or (c) the monitoring of the movement of aircraft using the airport. Development C. 1 Development is not permitted by Class C if— not Permitted (a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, with assisting the navigation of aircraft or with monitoring the movement of aircraft using the airport; (b) any building erected would exceed a height of 4 metres; (c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus if greater. Class D Development by Civil Aviation Authority within an airport Permitted D. The carrying out by the Civil Aviation Authority or Development its agents, within the perimeter of an airport at which the Authority provides air traffic control services, of development in connection with— (a) the provision of air traffic control services; (b) the navigation of aircraft using the airport; or (c) the monitoring of the movement of aircraft using the airport. Class E Development by Civil Aviation Authority for air traffic control and navigation. THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 213 Permitted E. The carrying out on operational land of the Civil Development Aviation Authority by the authority or its agents of development in connection with— (a) the provision of air traffic control services; (b) the navigation of aircraft; or (c) monitoring the movement of aircraft. Development E. 1 Development is not permitted by Class E if— not permitted (a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, assisting the navigation of aircraft or monitoring the movement of aircraft; (b) any building erected would exceed a height of 4 metres; or (c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus if greater. Class F Development by the Civil Aviation Authority in an emergency. Permitted F. The use of land by or on behalf of the Civil Aviation Development Authority in an emergency to station moveable apparatus replacing unserviceable apparatus. Condition F. 1 Development is permitted by Class F subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer. Class G Development by the Civil Aviation Authority for air traffic control ecetera. THIRD SCHEDULE, contd. 214 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Permitted G.. The use of land by or on behalf of the Civil Aviation Development Authority to provide service and facilities in connection with— (a) the provision of air traffic control services; (b) the navigation of aircraft; or (c) the monitoring of aircraft; and the erection or placing of moveable structures on the land for the purpose of that use. Condition G. 1 Development is permitted by Class G subject to the condition that, on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer. Class H Development by the Civil Aviation Authority for surveys. Permitted H. The use of land by or on behalf of the Civil Aviation Development Authority for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations. Condition H. 1 Development is permitted by Class H subject to the condition that, on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer. Class J Use of airport buildings managed by relevant airport operators. Permitted J. The use of buildings within the perimeter of an airport Development managed by a relevant airport operator for purposes connected with air transport services or other flying activities at that airport. THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 215 Interpretation K. For the purpose of Part 9— of Part 9. “operational building” means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a relevant airport; “relevant airport” means any airport permitted to levy airport charges by the Government of Jamaica or any airport owned or managed by the Airports Authority of Jamaica, its subsidiaries or agencies; “relevant airport operator” means the operator of a relevant airport. General Note. This Part grants permission for development by: (a) relevant airport operators, at and (Class C) within (8) kilometres of, relevant airports; and (b) the Civil Aviation Authority in connection with air traffic control services, air navigation and monitoring services. PART 10 —Telecommunications Operations Class A Permitted A. The carrying out of the proper design and siting of Development Telecommunications Network— (a) Most conventional television aerials and their mounting or poles. Many of the smallest antenna systems that may be covered by the normal principle of de minimis or may not have a material effect on the external appearance of the building on which they may be installed; (b) apparatus such as radio masts which is being installed on the ground not exceeding a height of 15 meters (45ft) above ground level or the height of any apparatus which it replaces whichever is greater but not including antennas installed on radio masts; THIRD SCHEDULE, contd. 216 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (c) satellite antennas except when precluded in any Development Order. Development A. 1 (a) Cellular towers/masts and mono poles not permitted that are being placed in residential areas, schools and hospitals; (b) The cellular tower or mast and mono poles that are being located in areas of scenic beauty,protected buildings, national monuments, conservation and or protected areas and sites protected under the Jamaica National Heritage Trust Act and the Town and Country Planning Act. Conditions. A. 2 Development is permitted by Class A subject to the following conditions— 1. an antenna installed on a building shall, so far as practicable, be sited so as to minimize its effect on the external appearance of the building; 2. an antenna no longer needed for the reception or transmission of micro wave radio energy shall be removed as soon as reasonably practicable. THIRD SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 217 FOURTH SCHEDULE Notices FORM A Notification to be sent to the Applicant on receipt of an Application To: Name of Applicant Address of Applicant Your application dated: for development at: ——————————————————————————————— ——————————————————————————————— ——————————————————————————————— has been received. If it is not valid you will receive a further communication to this effect. If you have not been informed that the application is not valid and you have not been given notice by the planning authority of its decision within three (3) months of their receipt of the application or such extended period as may, at any time, be agreed upon in writing between the applicant and the planning authority then you may appeal to the Minister (copied to the planning authority) in accordance with section 13(4) of the Town and Country Planning Act. FORM B Notification to be sent to Applicant on Refusal of Planning Permission or on the Grant of Permission subject to Conditions TO BE ENDORSED ON NOTICES OF DECISION 1. If you are aggrieved by the decision of the local planning authority to refuse permission for the proposed development, or to grant permission subject to conditions, you may, by notice served within thirty days of the receipt of this notice, appeal to the Minister, (copy to the planning authority) in accordance with section 13 of the Town and Country Planning Act. The Minister has power to allow a longer period for the giving of a Notice of Appeal and he may exercise this power in cases where he is satisfied that you have deferred the giving of notice because negotiations with the planning authority in regard to the proposed development are in progress. The Minister is not, however, required to entertain such an appeal if it appears to him that the planning permission for the proposed development could not have been granted by the planning authority, or could not have been so granted otherwise than subject to the conditions imposed by them, having regard to the provisions of section 11 of the Act and of the Development Order and to any directions given in the Order. 2. In certain circumstances provided for in section 17 of the Town and Country Planning Act, a claim may be made against the Town and Country Planning Authority 218 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 for compensation where, permission is refused or granted subject to conditions by the Minister on appeal. FORM C Notification to be sent to Applicant on reference of an Application to the Authority under section 12 of the Act (calling—in of Application) Name of Applicant: Address: Under section 12 of the Town and Country Planning Act, your application dated for a development at (insert date) ( insert address) has been referred to the Town and Country Planning Authority, 10 Caledonia Avenue, Kingston 5, for determination. If you so desire, before determining the application, the Authority will upon request, afford you the opportunity of appearing before and being heard by a person appointed by the Authority for the purpose. FOURTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 219 FIFTH SCHEDULE THE PLAN The plan covers the Development Order Area and sets out the objectives and policies which should guide development in the entire Order Area in addition there are areas which because of their nature have been given individual treatment. Although there are others these have been selected based upon previous studies and their importance in the Order Area. Others could be included at a later date if warranted by their growth and importance. SECTION 1—The Planning Framework STATEMENTS Kingston and St. Andrew Parish Development Order Area The parishes of Kingston and St Andrew are located in the south-eastern section of the island in the county of Surrey at latitude 17°59'N and longitude 76°48'W. The Development Order Area has a land mass of approximately 554 kilometre square and is bounded by the Parish of Portland to the north, St. Catherine to the west, St. Mary to the north-west and St. Thomas to the east, and extends to the territorial boundary. A description of the boundaries is outlined in the First Schedule and delineated on Map 1 attached hereto. HISTORY The city of Kingston is situated on the south side of the island and was established across the Harbour from Port Royal after the devastating earthquake of 1692. Kingston was developed as a new settlement on the more sheltered northern shoreline of the harbour. It was laid out in the typical British Colonial grid iron pattern by surveyor John Goffe in 1693 on Colonel Beeston Hog Crawle on the alluvial fan of the Liguanea Plain. The new settlement had access to the deep protected waters of the Kingston Harbour. Evolution of Kingston During its colourful history Kingston served as the capital of Jamaica for a brief period between 1755 and 1758. It was in this period that the regional functions of the city were slowly established. Despite a devastating hurricane in 1784, a huge fire in 1843, a cholera epidemic in 1850 and another fire in 1862; Kingston managed to outdo its rival Spanish Town for the status of capital city of Jamaica. Since 1872 Kingston has continuously served as the capital of Jamaica. In 1907 an earthquake which killed 800 people destroyed most of the city. The lack of historic buildings in Kingston and Jamaica’s strict building code are attributable to this earthquake. An ordinance passed after the earthquake prohibited the erection of buildings higher than 18.29 metres (60 feet). The three storey public buildings on King Street were the first to exceed this height. These buildings which were constructed of reinforced concrete were considered at the time to epitomise progressive architecture. (Paragraph 23) 220 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 The growth of Kingston and urban Saint Andrew occurred sequentially towards the east and north as persons moved from the cramped, densely populated sectors of Kingston to the more elevated areas of the Liguanea Plains where new suburban subdivisions were created. This growth trend increased with the introduction of public transport in the form of trams and later by the advent of automobiles. In 1923, the parish of Kingston was amalgamated with urban St. Andrew under the Kingston and St. Andrew Corporation Act, in order to secure better management of the rapidly growing urban centre. Since then, Kingston and urban St. Andrew have been called the Corporate Area. In the 1960s during the northward expansion of the city the once famous Knutsford Racetrack was developed as the New Kingston outlying commercial node. With the development of New Kingston and a string of uptown shopping plazas the former commercial and shopping centres of King Street and Harbour Street suffered from decline. Since the 1960’s to the present, the down town areas of Kingston have been the focus of government efforts of urban revitalization in order to address the blight which was experienced mainly during the decades of the 1960’s and 1970’s. DEMOGRAPHY Population Size and Growth Data from the 2011 Population Census revealed a population of 662,426 persons living in the Order Area, which represented an increase of 1.6 % over the 2001 total. Most of the population growth however occurred in St. Andrew as Kingston did not experience any real growth in its population during that period. Between 2001 and 2011, the population of Kingston declined at an annual rate of -0.7% while St. Andrew increased by an annual rate of .3%. Population census data indicates an urban growth rate of 3% during the period of 1960 to 1970; however this declined to 2.2% between 1970 and 1982, further declined to 1.2% between 1982 and 1991, and remained at approximately the same rate in the 1991 to 2001 intercensal period; however between 2001 and 2011 the urban population of Kingston declined further by 1%. The concentration of economic activities in the capital city has created a pattern of urbanization which remains true to the development area. Owing to its role as a magnet for migrants from rural areas, Kingston and St Andrew has undergone a process of continued urbanization. A closer analysis of the population change in Kingston and Saint Andrew reveals that the growth especially the years since 1982 has been concentrated in the parish of St. Andrew. The data reveals that although overall the population of Kingston and St. Andrew (KSA) is increasing the parish of Kingston has been experiencing declining population over the period (1982 to 2011). Special attention needs to be paid to this trend as it will have a major impact on the regeneration of the city and the push by planners for the adoption of the smart growth principles. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 221 It is projected by STATIN that by the year 2031 the parishes of Kingston and St. Andrew will have a total population of 686,970 persons. Interestingly however, as shown in Table 1. The parish of Kingston is expected to continue the population decline experienced since the 1900s while St. Andrew is expected to continue experiencing a growth in its population. Increased residential densities in selected nodes and corridors in urban and sub-urban St. Andrew are expected to contribute to this geographic shift of the population into St. Andrew. Table 1: Population Projections for Kingston and St Andrew 2021 - 2041 Parish 2021 2025 2031 2036 2041 —— — — — — — Kingston 82,599 79,548 76,610 73,781 71,056 St. Andrew 591,575 600,894 610,360 619,974 629,741 Total 674,174 680,442 686,970 693,755 700,797 Source:— Statistical Institute of Jamaica (STATIN, 2011) Table 2: Population Composition, Kingston and St. Andrew, 2011 Parish 0-14 15-24 25-64 65 and over Grand Total —— — — — ——— —— St. Andrew 129,412 114,839 285,845 43,273 573,369 Kingston 24,860 17,403 41,374 5,420 89,075 Total 154,272 132,242 327,219 48,693 662,444 Source:—STATIN Population Census 2011 Population Densities The highest population densities in the Order Area are found in the southern and western belts of KSA. Areas with over 190 persons per hectare (PPH) include, Denham Town, Trench Town, Passmore Town, Tower Hill and Whitfield town. Most of these areas are usually referred to as “inner city” and are characterized by relatively low social and income levels. They are also some of the oldest communities to have been established in the parishes. Other areas with similar characteristics but relatively lower densities (between 145-189 PPH) include Waterhouse, Duhaney Park, Delacree Pen, Wilton Gardens, Jones Town, Maverly and West Down Town. The northern and eastern belts of KSA have relatively low densities with the majority of special areas having between 2-26 PPH. These areas are characterized by a general absence of a central sewage system (newer apartments and town houses are however usually served by a central system), which is one factor prohibiting further densification. NATURAL RESOURCES Minerals The Order Area has significant commercially viable mineral reserves including gypsum, limestone, river sand and gravel. The Dallas and Long Mountain area is 222 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 predominantly limestone, which is utilized in the mining and quarrying industry and also in the process of cement making by the factory located in proximity to the source. Gypsum is mined at Bito Quarry Zone in the Dallas Mountain area. In addition to the local market, the gypsum is exported to the United States of America, Central and South America. The Tertiary Limestones, which include recrystallized and dolomitized massive limestones, chalky limestones, sandy marls and brecciated limestones, are of a very good quality and support a cement factory in the Harbour View area near the eastern end of the Kingston Harbour. Mining has severely scarred the Dallas Mountain, the western foot of Red Hills and the Hellshire Hills, hence mining plans may need to be revised or be more strictly adhered to with respect to contours of the site and context to minimize future visual impacts, reduce significant surface run-off and to create natural sites for future development, if appropriate. Broadgate in the Wag Water Valley is an important source of river sand and gravel. This material is of a suitable grade for the local, regional and North American markets. Illegal sand mining is known to take place in St. Andrew at Copacabana, in the Cane River Valley and (to a lesser extent than formerly) in the Hope River valley. Regular illegal sand mining was being undertaken along the Palisadoes Tombolo itself in 1997, with truckloads being taken away for use in construction. Wardens now patrol this new protected area to address this threat to the integrity and environmental quality of the tombolo. CONSERVATION OF THE NATURAL AND BUILT ENVIRONMENT The Order Area contains an extensive and diverse array of natural resources ranging from unique and endemic flora and fauna found in the montane forests of the Blue Mountains, the Tropical Dry Limestone Forests of the Long Mountain range and the coastal ecosystems of the Port Royal Palisadoes Protected Area. Many buildings of historic and cultural value are located in the Order Area facilitating heritage tourism, shopping and entertainment. The Natural Environment The Order Area boasts several parks and recreational areas which encourage recreation and sporting activities. These include the Hope Botanical Gardens, Saint William Grant Park, National Heroes Park, The Constant Spring Golf Club, Emancipation Park and Sabina Park Cricket Grounds where the International Cricket Committee Cricket World Cup was held in 2007. Kingston and St. Andrew is also home to Jamaica’s First National Park, the Blue and John Crow Mountains National Park which was established in 1991. The National Heroes Park located in Kingston is a potential site for heritage tourism. Also located within the Order Area is the Palisadoes-Port Royal Protected Area. Long Mountain, a section of which is a Forest Reserve was identified in the 1966 Kingston Development Order as a public open space. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 223 Climate Change The diverse and unique natural environment of the Order Area, like most of Jamaica, is highly vulnerable to climate change impacts. With an extensive coastline, it will be impacted directly by storm surges and sea level rise. With sea levels rising the effects on the coastal areas will be severe, and include erosion and coastal land subsidence. The hilly interior is not likely to be spared. Some areas of the watersheds are degraded and will likely lead to worsening impacts of flooding and landslides without developmental controls. Water availability and supply will be impacted by the changes in rainfall and any further impact to the watershed. All development sectors should be encouraged to include green technologies such as renewable energy where possible, in line with the Climate Change Policy Framework and the National Energy Policy. Additionally, climate change adaptation strategies should be included in all development considerations. The Built Environment The Order Area has a rich architectural history dating back to the settlement of the area by the British in 1692 which is evidenced in relics of aqueducts in the Mona and Papine area, buildings of Georgian architecture in Down Town Kingston and scattered throughout Saint Andrew are several great houses reminiscent of the plantocracy. There are also several forts in the community of Port Royal including Fort Charles, the first fort erected in Port Royal which was built in the late 1650s/60s. The town of Port Royal has also been declared a Historical Site by the Jamaica National Heritage Trust. Churches and other places of worship also contribute to the rich historical fabric of the Order Area and include structures such as the Wesley Methodist Church on Tower Street, erected in 1825, which can be described as a Jamaican Georgian building with some elements of Palladio. Other historic churches include Holy Trinity Cathedral on North Street and Coke Chapel at East Parade. The Jamaica War Memorial or Cenotaph, erected in tribute to those soldiers who died during World War I and II, is located in National Heroes’ Park. There is a Cenotaph, in each parish capital, but this is the largest one in the island, weighing 1.5 tonnes. NATURAL CONDITIONS Topography The Liguanea Plain rises from sea level to about 300 metres at the base of the Port Royal Mountains. This area is generally flat and has witnessed the high density of commercial and residential development. Low limestone hills surrounding the plain reach elevations of 300 to 400 metres on Long Mountain, Stony Hill, and Red Hills and as high as 700 metres on Dallas Mountain. The southernmost of the Port Royal Mountain ridges, the fault-bounded FIFTH SCHEDULE, contd. 224 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Liguanea Ridge, which rise fairly abruptly, attains a maximum elevation of some 600 metres at Mt. Ivor in the Jacks Hill area. There is an increase in the elevation of successive ridges in a north-easterly direction to a maximum height of 1,539 metres at Catherine’s Peak in the Blue Mountain. Climate The Order Area has a tropical climate, characterized by a wet season from May to November, which coincides with the hurricane season, and a dry season from December to April. It is located in the rain shadow of the Blue Mountains. Consequently, an insignificant amount of moisture from the north east trade winds impact the climate, causing it to be very dry in comparison to the parishes of Portland and Saint Mary on the windward side of the Blue Mountains. Kingston’s coastal location, results in the climate being influenced by the sea, although dense urban development can negate this effect. Temperatures frequently exceed 30oC in the summer months, reflecting the area’s low altitude, relatively dry climate, intense insulation and urban “heat island” effect. The hills of St Andrew are noted for their cooler temperatures year round. Land Capability and Geology The parish of Kingston is located on the alluvial/gravel fan of Liguanea at the base of a faulted mountain. The fan is a thick series of sand, gravel and clay deposits. A ring of low hills of Tertiary limestones (Long Mountain, Dallas Mountain and Stony Hill) borders the fan. Overlooking, these hills are the Port Royal Mountains, comprising Cretaceous to Paleogene rocks. The Parish of St Andrew extends from the alluvial fan of the Liguanea Plains to the surrounding hills; it is predominately a hilly parish. The hill slopes surrounding the Liguanea fan are prone to landslides because of particular combinations of geologic history and lithology, abundant discontinuities due to an intense development of faults and joints along which hydrothermal alteration and mineralization is common, tectonic setting in a seismically active plate boundary zone, and orographic rainfall as a result of the island’s location in the path of tropical storms and hurricanes. Landslides cover approximately 19.78 kilometre square, or 4.77% of St Andrew’s mountainous terrain. The soils in the Port Royal and Blue Mountains are generally well-drained, wet, brown loams, which may contain clays, gravels or stones. However, due to intense exploitation of virgin woodlands during the last 400 years and the extent of hillside agriculture, the slopes (generally steeper than 30o) are prone to landslides and excessive soil erosion is a major problem. It has been estimated that erosion is occurring at a rate of 40 tonnes of topsoil per year in deforested areas. Inappropriate cropping techniques, deforestation and inadequate erosion control methods cause large quantities of soil and silt to be washed down the Hope and Cane Rivers with each rainstorm. The sandy, delicate soils of the upper reaches of these watersheds are particularly susceptible to erosion. Below the mountains, soils range from thin limestone soils to the alluvium of the plains and a siliceous sand-based soil along the coast and the Palisadoes. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 225 ECONOMIC ACTIVITY As the capital city of Jamaica, Kingston along with the Parish of St. Andrew has a wide sphere of national and international influence. The Parish of Kingston is a centre of commercial, political, religious, and cultural activity. Economic activity is a central part of Downtown Kingston ranging from various retail and wholesale establishments, The Coronation Market, numerous Corporate Headquarters, and the Jamaica Stock Exchange to the Kingston Trans-shipment Terminal located at the Port of Kingston. Industrial and manufacturing industries also add to the multi faceted economic base of the Order Area. St Andrew offers similar influence with regards to business and commerce with economic nodes such as New Kingston, Cross Roads, and Half Way Tree. Tourism is an emerging economic driver for the Order Area especially with regards to music, heritage and nature tourism in areas within the Downtown core, Port Royal and rural St. Andrew. TRANSPORTATION Airports The Norman Manley International Airport (NMIA) is a major gateway linking KSA with destinations worldwide. The airport facilitates international and domestic air traffic and in 2008 passenger output at NMIA was approximately 1.71 million with a projected annual growth rate of 4%. Given its proximity to Kingston, one of the Caribbean’s leading commercial and industrial centres, NMIA is of significant importance to the business community and is the primary airport for business travel to and from Jamaica. In addition, the airport handles approximately 70% (or 17 million kilos) of the Islands airfreight. The Tinson Pen Aerodrome is the largest of the country’s three domestic aerodromes; it is located adjacent to the Kingston Free Zone, the largest trans shipment port in the English-speaking Caribbean. As a vital commercial link between the Order Area and Montego Bay the islands second largest city, this aerodrome caters mainly to business travellers and offers a variety of small parcel services. Daily flights to the resort cities of Montego Bay, Negril, Ocho Rios and Port Antonio are available. Tinson Pen also facilitates non-scheduled and private aircrafts, flight training schools and aircraft maintenance. Sea Port The Kingston Harbour, the 7th largest natural harbour in the world is the most important point in the marine transportation system. The Port Expansion Project was initiated to develop, expand, upgrade and modernize Jamaica’s port facilities to provide appropriate infrastructure support for sustenance of the country’s economy. The project has realized tremendous improvements in the Kingston Trans-shipment Terminal area as well as the Kingston Container Port. Roads The Order Area has a high density of streets and a well-established road hierarchy. Class A roads (Primary Roads) connect parishes such as the road that FIFTH SCHEDULE, contd. 226 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 links the major urban nodes of Downtown in Kingston, and Cross Roads and Half Way Tree in St. Andrew, while Class B (Secondary Roads) connect towns to each other within the Order Area and Class C roads (Tertiary Roads) are local roads within communities and towns. Highway 2000 a high speed toll road is intended to link Montego Bay and Ocho Rios to Kingston and St Andrew. A segment of the Kingston to Montego Bay leg has already been completed. The main objective of this development is to upgrade the island’s infrastructure, provide opportunities for growth, and create jobs through the provision of direct and efficient linkage of the major economic centres, while simultaneously reducing the congestion on the existing road system. Public Transportation The public transit system is largely regulated by the Transport Authority of Jamaica with the Jamaica Urban Transit Company Limited (JUTC) being a major operator within the Kingston Metropolitan Transport Region and aided partly by the National Transport Cooperative Society through the granting of sub-franchise licences. These buses operate in and around the Order Area and also provide transport access to the rest of the Island. The taxi system complements the bus system that exists for the Order Area and provides important additional capacity particularly in rural areas. Taxis also supplement the mass transit system providing access to areas outside of bus routes. Parking The provision of adequate parking is one of the main challenges facing the commercial nodes of the Order Area. These nodes include inter alia, New Kingston, Downtown Kingston, Halfway Tree, Cross Roads, Liguanea, and Papine. Both on and off-street parking is provided throughout the Order Area on street parking is largely regulated by the local planning authority. At present the transport system favours movement by private motor vehicles which leads to greater demand for parking spaces in retail nodes, hence there has been some effort to develop multi storey car parks in Kingston and St Andrew to satisfy these demands. There however needs to be a comprehensive transport plan which facilitates better modal split. DRAINAGE Drainage remains a major problem throughout Kingston and Saint Andrew, especially on the southern plains. In response to previous flooding events concrete channels (gullies) have been constructed. However the capacity and efficiency of this drainage infrastructure have severely compromised by development activities in some areas. The urbanised area is rapidly approaching the 90%-100% runoff levels as a disproportionately high acreage of the land space is paved, therefore reducing permeability and percolation of water. With the advent of climate change and the greater frequency of weather events already being experienced, attention must be placed on ensuring that the Order Areas drainage infrastructure is adequate to meet the expected flows. Development which affords for more permeable areas FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 227 including reducing the foot print of structures and increasing green areas are mitigative efforts which are already being employed in some cases. MAJOR LOCAL PLANNING AREAS (Growth Centres) Kingston is the main town in the Order Area and the centre of commerce with several satellite residential areas. Several corporate offices and other business activities are located here although a lot of them were relocated in the 60s causing a decline of business activities in the area. However, the Downtown Area has been the focus of government efforts of urban revitalization in order to address the blight which occurred during the 1960s and the 1970s. Halfway Tree which is the capital of St. Andrew is experiencing economic vibrancy as a result of the relocation of the Downtown commercial activities. With the development of New Kingston several shopping plazas have been established in this location giving rise to economic prosperity. Halfway Tree is a main transportation hub and has the largest transportation centre in the island. It is intent that Development Plans will be prepared for the Local planning areas listed in the Order sometime in the future and for which provision of basic infrastructure, social services and amenities will be given priory. Local commercial centre as are expected to develop in these places and it is important that proper siting and other consideration be observed. VISION The Kingston and St. Andrew Parish Development Committee held a series of participatory and solutions-oriented Visioning Workshops in 2001 and 2003, as a part of its mandate in the formulation of a Sustainable Development Plan that will bring order to KSA’s development by 2025. The following is a composite vision statement for Kingston and St. Andrew based on the common themes and concerns extracted from the full 2001 and 2003 vision statements. VISION STATEMENT Kingston and St. Andrew (KSA) as a community resonates with civic pride, hope, patriotism and positive values and attitudes, where participatory governance is well established. KSA’s historical/cultural sites are preserved, the natural environment is protected and communities are crime free and drug free. Every individual can optimise their potential through fair and equal access to all services. KSA encourages prosperity for all with strong culture-based economy that provides opportunities for training and employment and the creation of products that contribute to GDP. PLANNING STRATEGY The planning strategy for the parish of Kingston and St. Andrew supports the Vision for the area which was developed through civic consultation. The objectives and policies in this Order will serve to translate the vision by ensuring that all development contributes to the achievement of a liveable city. The FIFTH SCHEDULE, contd. 228 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 liveable city has multiple dimensions, all centrally concerned with the quality of life of all citizens within the Order Area through the provision of inter alia equitable housing, sufficient infrastructure, protection of the environment, enhancement of the built environment and the provision of suitable open spaces and recreational areas and sustainable transport systems. This will involve the facilitation of a renaissance in the urbanized areas. In an effort to reduce demand on transportation infrastructure, decrease pollution, improve air quality, reduce crime, and improve quality of life of residents, the planning authority will seek to encourage smart growth by placing work, recreation, and shopping opportunities closer to home and a compatible mix of non-residential land uses and forms of residential dwellings in new neighbourhoods. In conjunction with increasing residential densities within already built up areas, the planning strategy involves the development of an open space system plan containing a linked hierarchy of open spaces and places of recreation, which identifies connections to the regional open space system, significant environmental areas including beaches, open spaces, and other areas for the recreational facilities for the public, local pedestrian systems, and use of natural systems for storm-water management. The development of the open space and recreational places plan will also facilitate the conservation of those areas of diminishing and irreplaceable natural beauty, architecture and heritage, including Port Royal, reefs, cays and wetlands. An important facet of the planning strategy is also facilitating the revitalization of the downtown area and waterfront which includes the adaptive re-use of historical buildings and the redevelopment downtown areas. It also includes the development of the tourism potential of the Order Area to improve and enhance the varied tourism products inclusive of eco-tourism, heritage, sport and business tourism. With regards to transportation the planning strategy involves the facilitation of greener transport in terms of an energy-efficient public transport system and the establishment of a transportation network with a strong spatial link between land uses which facilitates convenient and efficient interaction between the transport system, land uses and the delivery of goods and service and which also reduces the need for travel in private motor cars. In protecting the environment for future generations and in keeping with the Strategy, the planning authority will support sustainable forms of development and building techniques and will facilitate progress towards achieving a green economy. In particular, this Order will seek to assure that sufficient employment lands will be available to support economic growth needed to achieve the areas potential. These policies and guidelines will provide direction to the overall development of the parishes and strengthen urban/rural linkages and local based development. THE PURPOSE OF THE ORDER This Development Order will make provision for the orderly and progressive development of the parishes of Kingston and Saint Andrew, encouraging activities the planning authority have identified as beneficial to the parishes generally and to FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 229 the Local planning areas and corridors specifically, and preventing those land uses that could harm the environment or amenity of the residents. The main aim is to provide the basis for sound decisions on planning applications in accordance with the planning strategies, objectives, policies and proposals outlined in the document. The Town and Country Planning Act require that all applications are to be determined in accordance with the provisions of the Order unless material considerations indicate otherwise. An applicant who proposes a development that does not accord therewith, except those falling within the categories outlined in the second and third schedule will need to demonstrate compelling reasons why it should be allowed. In some instances the Order will encourage appropriate development on specifically identified sites or in particular areas. FORMAT OF THE ORDER The document is presented in two parts along with the Land Use Proposal Maps. Part 1—The Citation, Interpretation, Schedules (First – Fourth) and General Regulations Part 2—The Statements (Fifth Schedule) The Statements are further divided into two sections: Section 1 identifies the Planning Framework and deals with the Objectives and Policies with reasoned justification at the Order Area level under different Thematic Headings, and Section 2 provides the Guidelines and Policies for Local Area Development and the Appendices. The Appendices include standards and details for such matters as parking and loading requirements, guidelines for petrol filling stations, residential densities etcetera. The Land Use Proposals Maps show the particular property which may be affected by the policies indicated in the written statement. Some of these policies are general and will affect both parishes while some will only be applicable to specific urban areas and communities. If a discrepancy should arise between the Statements and the Maps then the former will prevail. Although the Order is presented in sections it should be considered as a whole. HOW TO USE THE ORDER (1) For information— (a) on the interpretation of legal definitions, the application process and schedules refer to Part 1; or (b) on a particular site or building refer to the Proposals Map which will show any guidelines or policy applicable; or FIFTH SCHEDULE, contd. 230 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (c) regarding a particular thematic topic such as housing, environment, etcetera consult the sections devoted to the relevant topic. The inset maps may also provide additional information. There is a Table of Contents at the front of the Document that will help in this regard. (2) For Policy Identification Sector Policies are identified by a letter (s) to which the policy relates (thus “SP” for Sectoral Policy followed by a letter in the Theme (thus T for Transportation) followed by the number of the Policy (thus 1). A sector policy for transportation would read:— POLICY T1 Policies for Local planning areas are identified by using a letter(s) of the area to which the Policy relates (thus NK for New Kingston) followed by the first letter(s) of the Theme (thus T for Transportation) followed by the number of the Policy (1). A transportation policy for New Kingston would therefore be:— POLICY NK T1 (1) It should be noted that some of the policies are cross listed, that is, they may appear under other thematic headings with the same or different justification. (2) The Glossary is intended to be used as an aid to understanding the terms used in the written statement. (3) When considering the possible use of a site reference should be made to the “Use Classes Order” (Second Schedule) and Permitted Development (Third Schedule) and any planning permission controlling the use of the building or land. (4) In preparing this Order the Authority has tried to keep technical phrases and jargon to a minimum but where unavoidable explanation of the more complicated terms is given. ACKNOWLEDGEMENT The Information and Data used in the preparation of this document were derived from a number of sources which are recognized in the Acknowledgements. OBJECTIVES The following objectives provide a detailed framework within which policies are formulated and against which success of policy implementation can be evaluated qualitatively or quantitatively. They are listed sectorally to reflect the thinking behind the “Planning Strategy” and to establish the long term intentions of the FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 231 Local planning authority and the Authority which will guide them in their decision making process throughout the Development Order Area. TRANSPORTATION The movement of goods and people in, out and around Kingston and St Andrew depends heavily on vehicular traffic. With regards to the movement of people this is generally by means of private motor cars and public transport which is provided by buses and route taxis. The movement of goods is primarily by trucks and other commercial vehicles. It is, therefore, increasingly important that the transportation infrastructure within Kingston and St. Andrew be at a standard which allows for maximum efficiency for all users. Obj. T1 To have a transportation system that allows safe and easy movement which makes the Order Area easily accessible from other parts of the Island. Obj. T2 To develop an integrated land use and transportation strategy. Obj. T3 To enhance the efficiency of the transport system in order to reduce travel time between communities. Obj. T4 To ensure that land uses allow and enhance the efficient operations of ports and aerodromes while minimizing its impact on surrounding land uses. Obj. T5 To establish, preserve and protect the reservation of lands necessary for new roads and the improvement of existing ones including managed retreat from coastlines and other climate threatened regions. Obj. T6 To improve the transport infrastructure for all modes of travel. Obj. T7 To encourage the shared use of parking facilities particularly in Business Districts as part of major development proposals. HOUSING The demand for housing units within Kingston and St Andrew is increasing within all price ranges as the City’s economy grows and the population increases. This demand is further exacerbated by increasing in-migration of persons into the Development Order Area in search of employment, education, social facilities and entertainment. It is, therefore, imperative that the housing needs at all levels are met through the development of a range of housing types and sizes. Obj. H1 To encourage new developments and infill in existing areas where adequate utilities, infrastructure and community facilities exist or can be provided in a cost effective manner. Obj. H2 To meet housing needs through the allocation of a range of sites and units including affordable housing. Obj. H3 To ensure that lands are available, for low, medium and high density housing in all areas. FIFTH SCHEDULE, contd. 232 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Obj. H4 To promote the maintenance, protection and where possible, the rejuvenation of residential areas. Obj. H5 To promote green building technologies and applications throughout the Order Area. Obj. H6 To ensure the provision of the required social services and infrastructure. Obj. H7 To promote mixed uses that complement established and planned communities. Obj. H8 To ensure that there are facilities to provide active and passive recreational amenities for people of all ages and abilities. CONSERVATION OF THE NATURAL ENVIRONMENT The Kingston and St Andrew Development Order Area has a diverse eco-system, the survival of which depends on careful management of the natural environment. Obj. C1 To ensure that the unique flora and fauna of the Order Area are protected. Obj. C2 To conserve and protect wetlands and watershed areas taking into consideration their intrinsic environmental value and the importance of maintaining a viable hydraulic regime. Obj. C3 To ensure that surface and underground water resources are protected from inappropriate development and from degradation. Obj. C4 To ensure the enhancement of the shoreline, protection and creation of wetlands and proper management of sediment deposition. Obj. C5 To identify and create policies for the protection of areas of ecological importance. CONSERVATION OF THE BUILT ENVIRONMENT There are also sites and buildings having particular beauty, historic, archaeological or architectural significance which need to be conserved and protected. Obj. C1 To ensure that structures, sites, monuments and areas of historical and archaeological significance are identified and preserved by the Jamaica National Heritage Trust. Obj. C2 To ensure that cultural heritage assets are enhanced and protected and are accessible to all. Obj. C3 To identify areas of historical importance for further protection. Obj. C4 To ensure that development is sensitive to the preservation of the major landscape and vegetation features. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 233 FIFTH SCHEDULE, contd. Obj. C5 To support replanting of forest for restoration of habitats and support for sustainable craft industries, replenishment of water supplies and reduction in sediments and debris flow. Obj. C6 To preserve and develop recreation facilities, green spaces and sea side parks which can serve the population at contemporary standards. Obj. C7 To protect areas of high landscape and amenity values and those that forms an attractive background to urban areas, tourist development and scenic routes. Obj. C8 To ensure that land uses are allocated in a manner which— a. does not compromise the quality and quantity of usable water; b. protects aquifers, wells, watersheds and other sources of water. URBAN ECONOMY The Order Area is an important engine for growth and wealth generation in the country. It contains a wide range of economic activities inclusive of industrial, manufacturing, commercial and service oriented industries. Obj. UE1 To provide land that will ensure the balanced development of town centres with public, commercial and other activity areas taking into consideration potential impacts of climate change. Obj. UE2 To encourage viable, vibrant and well-designed commercial hubs which provide a variety of uses. Obj. UE3 To provide infrastructure and social services in areas near to industrial sites. Obj. UE4 To encourage the location of industries which rely mainly on local raw materials near to the material sources where feasible. Obj. UE5 To locate industrial sites so that economic benefits are dispersed and the employment base of principal urban centres are diversified. Obj. UE6 To ensure that industrial activities are established in areas where they complement other economic activities in their vicinity and are compatible with surrounding uses. RURAL ECONOMY Despite the hilly nature of the rural sections of the Order Area, agriculture plays an important role in the economy of these areas, therefore it is imperative that development in these areas not only enables the development of rural areas but also supports sustainable agricultural and environmental practices. Obj. RE1 To ensure that lands of high agricultural capability are used for agricultural purposes only. 234 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. Obj. RE2 To ensure that agricultural development caters to both the large and small farmers and that adequate provision is made for agro-industries. Obj. RE3 To prevent the fragmentation of large agricultural lots into smaller non-productive units. Obj. RE4 To prevent the encroachment of non-agricultural development onto productive farm land. TOURISM Currently, the tourism industry in Kingston and St Andrew (KSA) contributes significantly to the economic development of the Development Order Area. However, the KSA region has significant potential for further growth in this sector. It is important that this sector be protected, promoted and developed. Obj. TO1 To make provisions for the development of a full range of tourist attractions that reflects the historical, archaeological, cultural heritage and natural landscape. Obj. TO2 To improve tourist facilities, amenities and support services that will encourage tourism development thereby maximizing the economic and employment benefits of the population. Obj. TO3 To facilitate the development of a diverse tourist industry while protecting the environment and fostering a desirable ecological balance in all areas. MINERALS Minerals are a major resource for development; hence their extraction must be managed effectively and sustainably. While mineral resources should be protected from sterilization by urban and other development, it is also imperative that their extraction is carried out in a sustainable manner. The National Minerals Policy provides the framework and overall strategy for the integration of efficient use of these resources into the country’s long term economic development path. Obj. M1 To ensure that mining is undertaken in a way that will enhance rather than destroy the environment. Obj. M2 To mitigate against all forms of pollution resulting from mining activities. Obj. M3 To ensure minimized adverse effects on communities, the landscape, wildlife and habitats during mineral extraction. Obj. M4 To ensure that inappropriate mineral development does not negatively impact critical landscapes or areas of natural beauty. ENERGY GENERATION AND CONSERVATION The provision of reliable and sustained energy throughout the Development Order Area is essential for the city’s economy. The demand for energy is MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 235 FIFTH SCHEDULE, contd. expected to grow considerably with increased levels of development in the Order area. It is necessary for focus to be placed on the promotion of energy conservation practices and alternative energy sources. Obj. E1 To promote the best energy conservation practices and efficiency as well as the use of alternative energy options. Obj. E2 To encourage green developments that minimize greenhouse gas emissions through policies that will reduce energy demand and maximize energy efficiency in all sectors. Obj. E3 To ensure the efficient use of energy through the layout, design and coordination of land use and transportation. Obj. E4 To ensure that electricity is supplied in accordance with the settlement strategy for domestic, industrial and commercial needs where required. WATER SUPPLY The National Water Commission (NWC) provides some 16,800 million gallons of water per year to the Order Areas water supply system servicing some 95% of the population with access to piped water. It is the intention of this Order to facilitate the implementation of a sustainable potable water supply system to support the development initiative in the Order Area. Obj. WS1 To facilitate the development of or improvements to the potable water distribution system. Obj. WS2 To seek to develop planning incentives to encourage the incorporation of water conservation and recycling devices and technology in new developments. Obj. WS3 To encourage water conservation and the use of harvested rain water and recycled grey water for non-potable uses. Obj. WS4 To ensure the coordination of development with the provision of water supply. Obj. WS5 To ensure the protection of water sources including watershed, wells and aquifers from unsustainable development. WASTE TREATMENT AND DISPOSAL A major portion of the Order Area is located within the Hope River Watershed a section of which drains to the vulnerable Kingston Harbour via gullies. It therefore becomes increasingly important that all waste be managed in such a way that it does not create or exacerbate problems of pollution, pestilence or disease. It is especially important that liquid waste which is a major pollutant to underground water sources be handled in a sustainable way so that the environment is protected. 236 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Obj. WT1 To ensure that safe and sanitary conditions exist for the disposal of all types of waste, along with the required technologies and support services, without any unacceptable risk or detrimental effects to natural resource or the environment. Obj. WT2 To encourage reduction in the amount of waste produced and being disposed of through the collection system by facilitating re-cycling and waste separation. Obj. WT3 To encourage the development and upgrading of storm water drainage systems that provide the needed capacity to support development and which are of a high standard. Obj. WT4 To ensure the coordination of development with the provision of sewerage. TELECOMMUNICATIONS The increased demand for telephone and other telecommunication services and the installation of the required infrastructure has had an impact on the environment and visual amenity of the Development Order Area. It is therefore necessary to rationalize the installation of attendant infrastructure such as cellular base stations, satellite dishes, antennas and the laying of fibre optic cables. Obj. TELE1 To facilitate the installation of an effective telecommunications network in the Development Order Area that minimizes the adverse impacts to the community, and the natural and built environment. Obj. TELE2 To ensure that antennas and other facilities and apparatus used in telecommunications systems are sited away from public view or designed to reduce adverse impact on the aesthetics of the surrounding areas. Obj. TELE3 To encourage the sharing of facilities where possible. NATURAL HAZARD VULNERABILITY AND CLIMATE CHANGE Jamaica by virtue of its location topography and geology is prone to several natural hazards. It is the intention of the Order to ensure sustainable development which is cognizant of natural hazards and which is resilient to climate change. Obj. NH1 To facilitate multi-hazard vulnerability mapping for the entire Order Area. Obj. NH2 To ensure that multi-hazard vulnerability is considered in the siting, design and layout of all development. Obj. NH3 To ensure that climate change adaptation is considered in the assessment of all types of development applications including the provision of infrastructure. Obj. NH4 To ensure that consideration of multiple hazard vulnerability is fully integrated in land use zoning and development proposals. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 237 Obj. NH5 To provide for disaster preparedness and management with supporting facilities for national emergencies and other national use including search and rescue. SECTORAL POLICIES The development of the Order Area will be guided by the policies outlined under the various thematic headings. These policies are intended to protect all aspects of the physical and environmental features of the area while at the same time improve the character and quality of life for its residents. They are not intended to restrict development but along with the General Policies will endeavour to promote resource sustainability. Specific policies have been developed for the local planning areas and corridors to deal with the situation existing in these areas and are to be used in conjunction with the other policies in this Order. TRANSPORTATION Transport is an integral part of human society. Improved forms of individualized travel have helped shape modern societies by facilitating freedom of movement to further places in shorter and at more convenient times. Notwithstanding the importance of transport, it can have detrimental effects on the environment and livability of cities as it plays an important role in urban form and energy use. A sustainable transport system is therefore an integral factor in the development and achievement of livable cities where there is a transport system which inter alia provides choices in types of transport options (modal split), ease of accessibly both in terms of proximity to nodes and scheduling, equity for all users and efficiency in energy use. The transport system is, diverse as it consists of passenger traffic and goods transport facilities using many different, possible interacting, transport modes like road, rail, water and air transport. It is the intention of the Order to ensure and facilitate where possible, the achievement of a sustainable transportation system for the Order Area. Roads The Order Area is the highest order urban area in the country and this trend is expected to continue. Accompanying this urbanization is a rapidly accelerating demand for mobility, which places immense pressure on urban road networks. This demand manifests in the form of severe traffic congestion particularly in business nodes and on major thoroughfares linking these nodes with residential areas. This decreases the roads’ level of service, while at the same time increasing both fuel consumption, and traffic-related air pollution. To mitigate congestion in urban roads, land use and transportation systems have to be efficiently planned, particularly where it concerns minimizing energy use and limiting the need for travel in private motor vehicles. The local planning authority will work in conjunction with the Ministry with responsibility for transportation to facilitate the development of a comprehensive transportation plan for the Development Order Area. FIFTH SCHEDULE, contd. 238 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY SP T1 The planning authority will ensure the coordination of land use and transportation networks which reduces energy consumption and encourages use of public transport and improves pedestrian use. Road transportation is vital for the conveyance of people and commodities both within and outside of the Development Order Area. There are four categories of roads within Kingston and St. Andrew that have been classified based primarily on the requirements for the type and volume of traffic and the provision for pedestrians, as well as provision for or prohibition of direct access to the roads in question. The necessary precautionary measures must be taken to ensure that adequate reservations are made and safeguarded for these roads if congestion is to be reduced and commuters safely transported. POLICY SP T2 All road reservations should be in accordance with the requirements set out in Appendix 5 and no new development will be permitted which would conflict with these reservations. POLICY SP T3 The planning authority will seek to ensure that new and improved roads comply with the provisions set out in the Schedule of Road Standards in this Order and with such other details of construction and design as required by the relevant road authority. POLICY SP T4 Where a dual carriage way is intended to be constructed but the present need is for a single carriage way, the first should be built in its ultimate position within the road reserve allowing the second to be located in its correct position later. It is important that buildings and other permanent structures be constructed at suitable distances from main and other roads so that they will not impede future improvements to them. Along a road with fast moving vehicles it is also safer for buildings to conform with existing road reservations. This also lessens the noise to residences from motor vehicle as traffic noise can be a disruptive element. In areas where existing reservations do not conform to the requirements as outlined in this Order and it is possible to do so, satisfactorily buildings will be required to setback from the existing road reservation. No building will be allowed which would affect the integrity of the reservation or cause greater expense to the Government for corrective work. POLICY SP T5 The planning authority will seek to ensure that all developments adhere to the required setback from the main road reservation as outlined by the relevant authorities. POLICY SP T6 The planning authority will not grant permission for any permanent structures such as walls and fences within the limits of the road reservation. Service Roads are those used for direct access to individual lots within a residential area or for access to commercial premises. Although the volume of traffic which FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 239 traverses them may not be heavy there are times, when they have to be upgraded especially to fit into a new traffic system. Care has to be taken to ensure that this can be accomplished through the adequate setback of buildings. POLICY SP T7 Permanent development will not be permitted within 4.58 metres of a service road boundary except in unavoidable circumstances. POLICY SP T8 Where it is necessary to provide a service road in the future, owners of property in the area affected will be required to reserve the required frontage of their properties necessary for this purpose and to setback their developments accordingly to facilitate such activity. There is a high volume of pedestrian traffic throughout Kingston and St. Andrew as many services or facilities used by them are located in proximity to each other. A balance has to be maintained between the use of roadways by pedestrians and the use of roadways to accommodate utility services such as light and telephone pole. The installation of these utility poles is operational development and therefore requires planning permission. POLICY SP T9 The planning authority will not support utility pole or any other installation in or on walkway where they will affect the free movement of pedestrian. Where possible utility lines should be installed underground. POLICY SP T10 The planning authority will seek to improve and enhance the safety and convenience of street level facilities for pedestrians and will ensure that adequate provision is made for pedestrians in this regard when new developments are proposed. POLICY SP T11 The planning authority shall seek to ensure that where development, maintenance or other works is being undertaken adequate safeguards are put in place to protect pedestrians and other road users. At times sidewalks are either not provided or are not suitable for traversing by the disabled community and other vulnerable groups including children and the elderly. Objects such as benches, bollards, fire hydrants, grates parking metres and utility poles make a sidewalk difficult for vulnerable groups to traverse if they protrude into the pathway or reduce the vertical or horizontal clear space. The placement and position of these should all be done with the sidewalk design guidelines of the Jamaica Council for Persons with Disabilities. POLICY SP T12 The planning authority will seek to ensure consistency in the location and layout of street furniture and other structures within the road reservation including sidewalks to improve safety for pedestrians and disabled vulnerable groups. FIFTH SCHEDULE, contd. 240 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 It is very difficult to see the movement of traffic when approaching some intersections making it necessary that the corners be rounded or splayed and be benched to improve visibility. In some instances it may also be necessary for building or fence lines to be setback in a taper where the land adjoins a main road at an intersection, bend or corner for the same reason. This would ensure that adequate sightlines are established and maintained. POLICY SP T13 The corner of lots at intersections are to be splayed or rounded and be benched to facilitate visibility in accordance with the guidelines in Appendix 19. The increase in the volume of vehicular traffic has resulted in the expansion and upgrading of several roads and intersections. As a result of this greater consideration has to be given regarding direct access points onto main and arterial roads. These should be avoided or limited in the interest of safety and free traffic flow. When considering such access the views of the relevant agencies will be taken into consideration. POLICY SP T14 Planning permission will not normally be given for development which would require direct access/egress on to, or have an adverse impact on a main road or highway. POLICY SP T15 The laying out or material widening of a means of access will be permitted only where it does not constitute a hazard to pedestrians and other users of the highway and where it is possible for vehicle to enter and leave the premises in a forward gear. It is desirable that the road hierarchy and the pattern of land uses are harmonized in order to reduce the environmental impact of traffic in residential and other sensitive areas. In this regard special attention will be given to the types of development allowed along these roadways. POLICY SP T16 Planning permission will not normally be granted for any development which would result in significant hazard to road users or which would reduce the free flow of the traffic on a primary distribution road. In some instances motorists, especially drivers of heavy duty vehicles have the tendency to travel through residential areas to avoid traffic congestion on their normal routes. The movement of these motor vehicles is a threat to road safety and contributes to noise pollution and other environmental hazards in the area causing discomfort to the residents especially at nights. This activity will be discouraged through the introduction of engineering and traffic management measures. POLICY SP T17 The planning authorities will support the implementation of traffic management and engineering measures to improve FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 241 local road safety and protect the environment especially in residential areas at nights. In most instances motorists are affected by the oncoming lights of other motor vehicles especially if they fail to dim their lights. This situation could be alleviated on the dual carriageway if they are constructed with this in mind. If possible the two carriageways should be arranged un-parallel and be landscaped in such a way to create an anti-dazzle screen of trees and shrubs. This would shield vehicle headlights from other motorists. The same precautionary measures should be taken when service roads are constructed parallel to main roads or highways. POLICY SP T18 Where a dual carriageway exists or a service road is constructed alongside a main road or highway, the two tracks should be un-parallel and the median landscaped where possible to form an anti-dazzle screen. POLICY SP T19 Special attention will be given to the relationship of service and other parallel roads to highways and main roads to ensure the avoidance of confusing dazzle to night drivers. Although private motor car ownership is high in Jamaica there is still a considerable number of people who depend on public transport for local travel especially in Kingston and St, Andrew. The Jamaican Urban Transit Company (JUTC) provides public transportation that links various nodes within and outside of the parishes for both social and economic activities. Without this service, a significant number of people would therefore be disadvantaged. To further encourage the use of mass transit, reduce fuel consumption and the flow of traffic on the road provision should be made for the welfare and comfort of passengers in all climatic conditions. POLICY SP T20 Where large developments are being undertaken the planning authority will encourage development proposals and road designs where adequate provisions are made for mass transit including public transportation. POLICY SP T21 The local planning authority will encourage the use of mass transit including public transportation as a means of reducing traffic congestion and will seek to ensure that the necessary provisions are made to widen the service delivery network to make it attractive for all commuters. POLICY SP T22 Priority will be given to coordinating land use changes with transport provision so as to minimize the need to travel by means of private automobiles and improve walkability of areas. The northern and north-eastern sections of St Andrew comprise areas which are fairly geologically unstable. During periods of heavy/prolonged rainfall, these areas are subject to erosion and landslides. In undertaking road repairs or constructing new roadways in these areas, great care has to be taken to prevent any disastrous effects directly or indirectly on adjacent properties. FIFTH SCHEDULE, contd. 242 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY SP T23 The local planning authority in consultation with the relevant authority will undertake an assessment of any area with unstable slopes before granting permission for any road works where this is required. Where main roads have to be improved especially in rural areas with natural features, these features should be protected and enhanced for public use. Where land is left over from road works it should be landscaped and developed as passive recreation areas for motorists and other road users. POLICY SP T24 Where natural features exist on improved main roads or extra land becomes available from road works the local planning authority will seek to have them enhanced or landscaped for passive recreational purposes including parking. Parking Parking is an essential element in the overall strategy for transport and its provision can have an impact on the use of the road network. Control of the size, location and type of parking may be used to help achieve an overall approach to transportation. Off-street parking provision will be necessary to protect new developments from giving rise to indiscriminate on-street parking which would be detrimental to road safety, restrict the flow of traffic or cause environmental problems. The amount of parking which is to be provided for the various activities will be as outlined in Appendix 7. POLICY SP T25 Developers will be required to provide parking facilities within the curtilage of the site being developed for new and extended developments and all change of uses in accordance with the requirements set out in Appendix 7 and the design standards in Appendix 9 and Figures 2, 3 and 4. POLICY SP T26 A standard allowance of approximately thirty square metres (30m2) of parking area in practical shape (inclusive of manoeuvring space) should be made for each car parking space. POLICY SP T27 Where a development is to be occupied by several users, each having its own space permanently, the number of parking spaces required will be calculated separately for each planning unit. POLICY SP T28 When the use of any building is not specifically mentioned in the schedule of parking requirements or more than one use is involved, the planning authority shall determine the parking provision based upon the requirements for the larger user. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 243 FIFTH SCHEDULE, contd. POLICY SP T29 Where a building is divided by permanent construction into more than one use and occupancy the number of parking bays required shall be calculated separately for each use and occupancy. The local planning authority will encourage the introduction of public parking zones throughout the Development Order Area. Several parking facilities have been developed within Downtown Kingston and in New Kingston. However the need for such facilities throughout the Order Area is becoming increasingly evident. POLICY SP T30 The local planning authority will seek to have controlled parking zones where parking problems are particularly serious and adversely affect the operations of shops and other businesses. POLICY SP T31 The planning authority will support the development of parking garages where the need arises provided that they conform to the recommended guidelines as stipulated by the Planning Authority. On street parking controls are effective mechanisms in controlling commuter parking by providing parking spaces to priority users. In residential areas they can protect the amenities of home owners from illegal developments with inadequate parking and the overflow from adjoining developments. POLICY SP T32 The planning authority will allow on street short stay parking for shoppers and for the operational use of business where road and traffic conditions make this possible. POLICY SP T33 Where the planning authority thinks it is necessary to protect the amenities of residential areas by means of on street parking controls, the local authority may be requested to issue parking stickers to residents in the area. Special parking for people with disabilities will allow them to use their automobile to do business in commercial nodes in Kingston and St. Andrew. The provision should be based on the guidelines provided in the parking standards in Appendices 7 and 9 of this Order and the internationally adopted symbol in Figure 2 should be displayed to prevent others from occupying the space. POLICY SP T34 New developments will be required to provide adequate parking facilities for people with disabilities in such a position that it enables safe and convenient access to the development. For some high density housing developments because of the size of the lots, parking is provided in car parks in convenient locations. While this may be satisfactory 244 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 in such a situation as car ownership may be low, it is undesirable in low density developments. Due to the car ownership pattern, residents may have to park cars on the street occupying spaces which should be reserved for visitors. POLICY SP T35 The provision of parking spaces in residential development is to be in accordance with the standards set out in Appendices 7 and 9 of this Order. It may be possible to permit development in urban areas without sufficient onsite parking where part of the requirements could be met in a nearby car park during times when it is significantly under used. Night clubs and churches are two such activities which require parking in the evenings or on days of worship respectively when other activities are not in use. Some on-site parking would still be required by these developments to meet operational needs and an element of customer demand. Agreements may be entered into between these organizations and the enterprise to make these spaces available outside their operating hours. The local planning authority should be given legal assurance regarding such arrangements. POLICY SP T36 The planning authority will give due consideration to the dual use of parking areas for development where the uses alternate in terms of time and scale; and such uses can be made legally binding. In general parking provision for new developments or replacement of parking spaces lost in the process of redevelopment should be made on site. However, there are situations where this may be neither feasible nor desirable, such as extensions or conversions of upper floors. In such circumstances the planning authority may be prepared to consider parking on a suitable site elsewhere in proximity under the terms and conditions set out in a legally binding agreement. POLICY SP T37 Where it is not feasible to provide parking to meet the local planning authority’s normal requirements on site, the planning authority will consider whether it would be acceptable to have the shortfall being provided on an alternative site in close proximity. The parking schedule may not address all classes of operational use. In such situations the planning authority should determine the parking requirements based on the standards nearest to the activity being undertaken. POLICY SP T38 Where the use class or category of operational development is not specifically mentioned in the parking schedule in this Order the planning authority will determine the provision based upon the standards in the nearest category. Where a developer owns land in an area other than that being developed, permission could be given for parking to be provided on the alternate site if it is in close proximity. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 245 FIFTH SCHEDULE, contd. However any development proposals contemplated for the alternate site would have to take the parking provisions committed to the other application into consideration if it is being developed. POLICY SP T39 Where the planning authority supports parking on an alternate site the developer will have to enter into an agreement with the planning authority making the site available for the purpose for the life of the building. Educational institutions such as basic schools and primary schools should not only conform to the planning requirements in the Appendices of this Order but should reserve an area on their site or compound for the dropping off and picking up of children. The area should be such that there is no conflict between children and motor vehicles. POLICY SP T40 An area should be reserved on the compound of educational institutions, separate from the parking area, for the picking up and dropping off of children from motor vehicles. In order to reduce the impact of asphalted areas and to improve the visual and environmental quality of these areas the local planning authority will encourage that parking areas be placed underground or be designed in such a way to make them more attractive and facilitate drainage where required. POLICY SP T41 All car parks will have to be landscaped in accordance with criteria set out in Figure 4. Buses and trucks in particular have the tendency to discharge passengers and goods in areas where it is neither safe nor convenient to do so causing inconvenience to other users of the road. It is therefore necessary that precautionary measures be taken to avoid this practice. POLICY SP T42 The places where buses and trucks pick up or discharge passengers and goods shall be located only where there is adequate space out of the line of traffic and where there is good visibility in both directions for an adequate distance to prevent danger to persons and vehicles. Provisions should also be made within related developments for the loading of trucks and goods vehicles. Where the building site area is too small, the frontage of the site is short vehicles may have to park at the side or rear of the premises if service is not possible in this situation the planning authority may find it expedient to waive or alter this requirement. POLICY SP T43 Developers will be required to provide vehicle loading and off-loading bays within the curtilage of the site to be developed as set out in Appendix 7. 246 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. POLICY SP T44 Loading and unloading of vehicles may be provided at the side or rear of the premises in cases where Policy SP T42 cannot be complied with, so that no parked or temporary halted vehicles will be on the road reserve to impede or endanger the movement of traffic. Transportation Centres The Kingston and St. Andrew Development Order Area is currently served by two major public transportation centres located in Half Way Tree in Saint Andrew and Downtown Kingston. Smaller Transport hubs are located throughout the Development Order Area which accommodate primarily buses and in some instances taxis. It is the intention of this Order to promote the development of multi-modal transport centres that will serve commuter rail services, park and ride services and multi-destination ferry service. POLICY SP T45 The planning authority will seek to ensure that multi modal transportation centres are developed throughout the Order Area in proximity to residential areas to encourage use of public transportation. POLICY SP T46 All transport facilities will be required to provide suitable access and facilities for the disabled including the elderly. POLICY SP T47 All transportation centres used by the public should be provided with the necessary public conveniences and amenities accessible to all users including persons with disabilities. POLICY SP T48 All transport centres or off street parking facilities, including parking lots shall be properly surfaced, and drainage provided so as not to cause any nuisance or damage to adjacent property or roadways. POLICY SP T49 All transport centres, parking lots and parking facilities shall be properly landscaped with materials which may be used as a visual medium and shall be maintained in a good condition. The safety of persons, especially women and children using transportation centres and car parks at nights cannot be overlooked. The possibility of criminal acts occurring against individuals at this time is much higher than during the day and in dark places than in well-lit areas. Because of this attention must be given to the proper lighting and security facilities within these developments. POLICY SP T50 The planning authority will not approve applications for the development of transportation centres and car parks unless the proposals are accompanied by plans showing the layout and design of adequate lighting, landscaping and security features. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 247 FIFTH SCHEDULE, contd. Air and Sea The Norman Manley International Airport and the Tinson Pen Aerodrome allow for the daily movement of large volumes of passengers, and cargo. These services form an important economic base for the Development Order Area and the country and suitable provisions for their future improvement and expansion should be made. The Norman Manley International Airport (NMIA) has produced a Master Plan for expansion and improvement to meet the demands of projected growth in traffic and aircraft movement, accommodate new and advanced aircraft designs, and meet International Civil Aviation Organization (ICAO) standards for Runway End Safety Areas (RESA) which is not currently provided. POLICY SP T51 Lands adjoining air and sea port facilities should be reserved where possible for the expansion of these facilities. POLICY SP T52 The planning authority will seek to ensure that the associated road infrastructures are upgraded to meet the increase in commuters to and from these facilities. POLICY SP T53 Permission will not be granted by the planning authority for any further expansion of existing air and sea port facilities without consultation with the relevant agencies. The Kingston Harbour is a major point of entry and exit in the marine transportation system. There are several wharves and terminals which aid in the transportation of goods for export and the importation of key raw material. Several industries are located in close proximity to the Harbour such as The Jamaica Cement Company and Jamaica Flour Mills. POLICY SP T54 The planning authority in conjunction with the relevant agencies will facilitate development proposals to improve the existing port facilities to modern standards and technologies as the need arises. HOUSING With the continued growth of population and development of the manufacturing, finance, commerce, transport and government sectors of the capital city of Jamaica, there has been an increase demand for new housing units for the population. This demand for additional housing units is further increased with the in-migration of persons into the capital city in search of employment, education, social facilities and entertainment. If the necessary provision for housing is not made, unacceptable environmental consequences are likely to occur. The local planning authority will therefore ensure that the housing needs are met through the development of a full range of housing types and varying sizes. This is necessary since developers tend to concentrate on the high end of the market where the return on investment is very lucrative. The local planning authority will also ensure that the facilities required in 248 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. residential areas are provided in accordance with the relevant standards. In this regard the layout and design of housing developments should conform to the guidelines in Appendix 10. POLICY SP H1 The planning authority will encourage the provision of a range of housing solutions of varied, housing types and sizes appropriate to the needs of the locality in large scale development. POLICY SP H2 Where incentives for development have been provided by any agency of government the planning authority will seek to ensure that such developments include units provided for lower income earners and for persons with disabilities. POLICY SP H3 In the design and layout of housing developments the guidelines indicated in Appendix 10 are to be used. POLICY SP H4 In local planning areas housing development will be allowed in accordance with land use and density proposals, and other criteria developed for these areas in the local area plans. In order to supply the demand for housing the planning authority will implement where necessary measures to ensure the maintenance of the existing housing stock and to reduce dereliction and vacancy levels the maintenance of facilities associated with this activity will be maintained. It is also important to redevelop vacant and derelict sites to meet the need of different households. POLICY SP H5 The design, character and amenity of established residential areas will be protected and where possible the planning authority will support the provision or enhancement of the services and facilities available locally. POLICY SP H6 The planning authority will normally support a range of housing proposals for the redevelopment of vacant or derelict sites where the proposal reflect the existing character of the area, safeguard amenities and are in conformity with the requisite planning guidelines and requirements. The change of use of buildings to residential purposes can provide a useful addition to the available residential accommodation. However, the likely effect on the character of the area as well as any physical changes to the building will have to be taken into consideration. POLICY SP H7 The change of use of buildings from other uses to residential activities will normally be permitted by the planning authority subject to the need, surrounding uses, amenity and other planning implications. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 249 FIFTH SCHEDULE, contd. The upper floors of shops which are mostly underused could be converted to residential use increasing the vitality of urban centres especially in the evenings and nights thereby helping to deter crime. The main constraints which have to be dealt with however are the means of access, fire escapes, health and other safety measures and car parking. POLICY SP H8 Proposals for the use of upper floors of shop buildings for residential purposes will be considered having regard to arrangements for access and car parking and the effect of the visual character of the building. There is the increase need for accommodation for young professionals, single persons, students, young couples and persons with disabilities. Although the planning authority will seek to retain dwellings which can be used for single family accommodation, where large houses exist, these may have to be subdivided into smaller units to meet increased housing demand. POLICY SP H9 Proposals for the conversion of properties into multiple occupancy such as townhouses, flats, boarding or guest houses, etcetera will be supported by the planning authority taking into account the type and size of the property, the potential effects on amenities in the area, the nature and character of adjoining uses and other appropriate planning requirements. Existing residential accommodation should be retained except in circumstances where conditions make it inappropriate to do so. Comprehensive development involving the loss of housing units will only be supported where there is no net loss in residential accommodation. POLICY SP H10 The planning authority will resist development resulting in the loss of residential accommodation and land unless the continuation of residential use is undesirable and the change of use is the only way of ensuring that a building of architectural or historic importance can be retained or renovated. Proposals for high density development are expected to have adequate parking on site and amenity space. The requirements for both are indicated in Appendices 7 and 10 and Figure 4 respectively. However, where the planning authorities see a justifiable need for such development in an area it may choose to reduce the requirements, but not eliminate it. POLICY SP H11 High density development proposals which do not have adequate car parking and amenity spaces will not be supported by the planning authority except in areas where residential use is being encouraged. In such circumstance the requirements may be decreased but not eliminated. 250 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. Home owners often times undertake extensions without due regard to the effects on neighbouring properties. Where these are large they can radically change the appearance of a development and destroy the amenities of the area. In some circumstances this result in a loss of parking spaces causing motor cars to park on the streets. Parking spaces should not have to be provided at the expense of landscape. POLICY SP H12 In assessing applications for house extensions the planning authority will give consideration to the closeness of the building to adjoining developments, especially as it affects privacy and water runoff to neighbouring properties. POLICY SP H13 The planning authority will ensure that extensions are in keeping with the design, scale and character of the existing buildings in the locality and that there is adequate onsite parking. It is intended that the provision of certain facilities and services for new housing development in new areas be provided by the developer. Where such facilities already exist then there could be access to the facilities if they are available. The additional demand should not significantly reduce the provision standards for e.g. playing fields, schools etcetera. Where such problems could arise the developer would have to negotiate with the government to have the situation addressed before approval is granted by the planning authority. POLICY SP H14 Planning permission will normally be granted for new housing developments once satisfactory provision has been made for access to appropriate facilities and services to meet the needs of the increased residential population. POLICY SP H15 Where satisfactory provision for access to existing facilities, amenities and services cannot be obtained or the additional development would create problems for the existing community the planning authority will require that the new proposal make additional provision unilaterally or in association with government. The desire to maximize the use of housing land has sometimes been at the expense of the provision of open space. The provision of such open space is however important to maintain the quality of the living environment and to provide activity areas for residents. Town houses should have an individual private outdoor area and apartments, adequate amenity area with recreation facilities for its residents. The guidelines are provided in Appendix 10. POLICY SP H16 Planning permission will be granted for new housing development or the subdivision of land only if they provide land of adequate dimension and slope suitable to be used by residents as open space. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 251 FIFTH SCHEDULE, contd. POLICY SP H17 In multi-family development space shall be set aside for recreational and landscaping purposes, exclusive of driveways, balconies, parking areas and access ways. POLICY SP H18 In single family housing developments provisions should be made for playfields and other recreational activities in accordance with Appendix 10. POLICY SP H19 Where a housing development is constructed adjacent to a school the open space requirements of that development shall not be decreased because of the open space on the school compound. POLICY SP H20 In deciding on the location of open space, the planning authority will consider its relationships to the dwellings within the development, adjoining property and facilities such as parking areas and garbage disposal units. In an effort to create vibrant and self-sustaining communities, the planning authority will support the development of compatible uses in residential areas. However, only those uses which provide an essential service or facility and has little or no impact on the quality of the residential environment will be entertained as mixed uses and be allowed in close proximity to housing. POLICY SP H21 Planning permission will be granted for non-residential development in housing areas, if it provides an essential service or facility mainly to the surrounding community and has no adverse impact on the amenity of neighbouring property or compromise the residential character of the area. To minimize the loss of residential accommodations and to avoid the gradual change of use of an area, businesses on residential property will be limited to a minor area and not allowed to become a dominant use. The approval of such use will be subject to stringent conditions to ensure that the character of the area is not affected in any way. POLICY SP H22 Proposals for the partial change of use of a residential building to any other use will only be allowed if the character of the area is not altered and the privacy, amenity and enjoyment of neighbouring dwellings is not adversely affected. POLICY SP H23 Where there is a partial change of use of a building in a residential area the planning authority will; (i) institute strict operating hours especially if there are visitors to the premises; (ii) ensure that there is no external alteration to the building; 252 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. (iii) ensure that those engaged in the non-residential use are resident in the property. Any uncontrolled development on a hillside or steep slope is a potential hazard as it increases the susceptibility of the slope to failure, erosion and drainage problems. In an effort to protect the stability of these environmentally sensitive areas, and with due consideration to the impacts of climate change, control has to be exercised over development proposals to prevent the destruction of trees and the construction of hard surfaces that contribute to run off. Care will be taken to ensure that housing development is not allowed in these locations. The following policies are not intended to inhibit development, but instead along with the guidelines in Appendix 23 promote the best potential use of sensitive areas. POLICY SP H24 Where housing development proposals are being contemplated in potentially hazardous areas the local planning authority will require the submission of an engineering geology/geotechnical report for consideration of the application. POLICY SP H25 The planning authority will not normally support housing development on land that is steep and unstable, vulnerable to erosion, slippage, subsidence, flooding and other natural hazards or which will involve costly extraordinary precautions to safeguard. POLICY SP H26 Residential densities shall not exceed 75 habitable rooms per hectares (30 habitable rooms per acres) for slope gradient 10–17 degrees (17–31% slopes). POLICY SP H27 Residential densities shall not exceed 50 habitable rooms per hectares (20 habitable rooms per acres) on steep slopes 18–25 degrees (32–48% slopes). POLICY SP H28 In calculating densities, only areas that are developable shall be included. Scarp slopes, gully banks and ravines etcetera shall not be included (in the calculation of densities) as also grades exceeding 30 degrees (58%), which shall be kept in its natural state. POLICY SP H29 Town houses, duplexes and multi-storey residential structures having a maximum of three (3) storeys inclusive of a basement will be permitted, provided they will not be visually intrusive on the hillside. There is a tendency in high density residential development such as apartments to overbuild by creating large rooms which can later be converted into smaller ones. The result of this is an increase in density which is calculated on a per habitable room basis creating a strain on the facilities and amenities which have been provided for the development or area as more people are allowed to occupy it than was intended. While MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 253 FIFTH SCHEDULE, contd. architects, owners and tenants have a right to the size unit they desire, control has to be placed on the size of rooms in this type of building by way of density to prevent exploitation of the system and protect the facilities that have been provided from being overloaded and ultimate failure. POLICY SP H30 Where the standard area of a studio is exceeded, the planning application will be assessed as a one (1), two (2), or three (3) bedroom unit, (as the case may be) for each additional 100 square feet (9.29m2), with the application of the relevant statutory requirement. As the demand for houses especially in the high end of the market increases due to the attractiveness of the suburbs there will be a need for higher densities in these areas. This will normally be in the form of Town Houses and Apartments. In an effort therefore to ensure a suitable balance between the best use of land and a satisfactory environment it is imperative that the height, density and bulk of buildings be controlled. New buildings should conform as far as possible to those existing and the densities should protect the amenities of the surrounding areas. POLICY SP H31 The density of new development will be controlled in conjunction with other appropriate environmental controls, acceptable densities being determined by the character and actual density and zoning of adjoining sites and should be in accordance with criteria set out in Figure 1 and 7. POLICY SP H32 Town House developments at densities higher than those existing in single family detached housing neighbourhoods will be allowed as infill on vacant lots or in planned housing developments provided sewage can be disposed of to the satisfaction of the relevant authorities and such development conform to the other planning requirements. A major objective of the Order is to ensure that housing developments are located in areas where the basic infrastructure and amenities exist or can be provided. Developers will therefore have to ensure that these are in place or can be provided simultaneously with the development before applying for permission. POLICY SP H33 The planning authority will not normally support proposals in areas where there is a deficiency in the requisite amenities and utilities. Housing for the elderly or disabled, where care is provided on the premises or where people because of their age need assistance, can best be provided in residential areas. Alterations to existing buildings should be kept to a minimum and should not detract from the residential character of the area. The number of such establishments will be controlled by the planning authorities depending on the locality. 254 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. POLICY SP H34 Proposals for residential homes for the elderly or disabled will be supported having regard to the effect of the proposal on the character of the neighbourhood in which they are to be located and the effect of physical alterations where necessary on the character and appearance of the premises. In acquiring housing, several buyers are desirous of purchasing house lots for the construction of their own unit. This will be encouraged by the planning authority as long as the lot is in an approved subdivision and all development requirements are met. POLICY SP H35 Where feasible, adequate lands shall be made available in National Housing Trust (NHT) housing develop ments to meet the needs of individuals who are desirous of constructing their own homes. CONSERVATION OF THE NATURAL AND BUILT ENVIRONMENT Premature and environmentally insensitive developments have already impacted on the natural resources of the Order Area. If the growth of the area is to continue, careful management of both the Natural and Built environment will be required. Resources are required upon which several of the economic activities of the Order Area rely on such as mining, fishing and agriculture, however more importantly and particularly because of the Order Area’s urban nature, important ecosystem functions such as, aquifer recharge, flood protection, reduction of the effects of the urban heat island and good air quality are equally important to preserve and enhance in order to be a sustainable city. This will therefore involve protecting ecological resources, watershed areas, recreational and open space areas and wildlife sanctuaries. Protection does not mean that these resources should not be used but rather, that they should be used in such a manner that the value is not degraded or destroyed, but is instead enhanced. However, it is expected that ecosystems should improve as environmental awareness increases and pressure is put on corporate bodies and developers to operate in an environmentally friendly manner. THE NATURAL ENVIRONMENT The Blue Mountains, located in St Andrew, is a part of the Blue and John Crow Mountains National Park which is the first and only National Park and also a Forest Reserve in Jamaica. It represents one of the country’s most prominent natural areas. This park protects the largest contiguous area of natural forest and the only montane forest on shale in the Island. Upstream and downstream areas within watersheds in the Order Area (the Hope and Wag Water Watershed Management Units) are linked through hydrology, therefore, land use in different parts of a watershed are interdependent. For example, MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 255 FIFTH SCHEDULE, contd. water use; patterns of vegetative cover, and soil erosion in the hills of Saint Andrew all have impacts on water quality and availability downstream and may also lead to flooding in lower lying areas. Clean water, trees and open space contribute to quality of life. Healthy watersheds provide habitat for the wide spectrum of biodiversity in the Order Area. POLICY SP C1 Planning permission will not normally be granted for any development which would result in the significant loss of trees within the built up area unless there will be minimal effect on the environment and amenity of the surrounding area. POLICY SP C2 The planning authority will normally grant permission for new developments only if there is an acceptable standard of landscaping provided. Details at the planning application stage should accurately identify planting area, including details of plant species, their size and densities in each location. POLICY SP C3 The planning authority will not normally support any development that will have a detrimental effect on conservation areas and sites of ecological and aesthetic value. POLICY SP C4 Valuable existing wildlife habitats will be protected and the planning authority will only consider planning permission where a proposal is not likely to result in the loss of habitats or impact wildlife populations. POLICY SP C5 The planning authority will resist the destruction of trees/clusters of trees and woodlands where they are of amenity value and will if necessary encourage the Local Authority to place Tree Preservation Orders on such trees to ensure their protection. POLICY SP C6 The planning authority will ensure that environmentally sensitive or vulnerable areas are reserved as natural areas and greenbelt reserves for wildlife and recreation whenever possible and used as natural buffers between incompatible land uses. The protection of existing vegetation and water bodies which positively enhance the amenity of the Order Area is important and the planning authority will seek to protect and retain hearty trees, planted areas, and hedge rows and to avoid damage to existing vegetation, ponds, streams, rivers and ditches during development. Accurate surveys of drainage patterns and existing and proposed changes of levels over the site, particularly in relation to existing vegetation should be shown on plans being submitted for approval. Trees should be plotted accurately by their crown extent and location. 256 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. POLICY SP C7 The planning authority will not consider applications for development which do not show all vegetation, ponds, streams, rivers and ditches which are to be retained during construction with details for their protection during the period. POLICY SP C8 Planning permission will not normally be granted for any development which infringes directly or indirectly through felling, lopping, topping, pruning, changes to drainage patterns or ground levels, severance or compaction of roads, upon conservation areas, as identified on the land use proposal map. POLICY SP C9 Where possible, utility service lines should not be placed under tree crowns, through shrubs or proposed landscape areas and the planning authority will be mindful of this in dealing with applications. POLICY SP C10 The planning authority will ensure that natural drainage features including sink holes are not blocked during or after development activities. The Port Royal and Blue Mountains contain a wide variety of trees and other plants which are indigenous and endemic to the area. On occasions some of these specimens have been uprooted and removed to other areas outside of the National Park for various purposes without any regard to the effects on the immediate environment. There are also situations in which trees are mutilated and are destroyed without any regard to their environmental values. The Order will seek to protect trees of importance of any kind, be they in the wild state, within gardens or along streets. POLICY SP C11 Trees of special importance may be placed under Tree Preservation Order where necessary and the lopping, or topping of trees along roadways or other public areas will require the permission of the local authority and relevant authorities. Landscaping can add quality to the environment as it can screen unsightly buildings or land uses and assist natural conservation especially if indigenous and endemic species are used in appropriate circumstances. It can enhance the appearance of development by acting as a foil to existing buildings by providing texture and pattern where landscape is a major feature. POLICY SP C12 Hard and soft landscaping is to be provided to the satisfaction of the planning authority as an integral part of any development proposals, where it is necessary to enhance the environment and the siting of a new building or otherwise help integrate that development into its surroundings. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 257 FIFTH SCHEDULE, contd. POLICY SP C13 Developments will not normally be permitted which conflict with the need to safeguard and enhance the landscape and townscape features which contribute to the identity of areas of special character. Kingston and St Andrew falls within the Hope River watershed. The watershed is the area of land which is drained by a river and its tributaries and which contributes to the conservation of water resources. While these areas may be used for agricultural purposes it is imperative that sustainable agricultural practices are utilized in order to minimize watershed degradation. Although exempted under the Town and Country Planning Act, they should at all times adhere to established guidelines set by the appropriate agencies. POLICY SP C14 Lands in the Hope River watershed may be used for agricultural purposes but should adhere to guidelines set by the appropriate agencies and should be properly managed to reduce the effects of soil erosion. The Liguanea aquifer has been and continues to be an important source of potable and industrial water for the parishes of Kingston and St. Andrew. Recharge of the aquifer is from multiple sources. The upland areas should remain under natural forest cover to protect springs, wells and underground water resources and reduce lowland flooding. POLICY SP C15 Development that, within the opinion of the Local Planning Authority and the Forestry Department, would result in the removal of significant numbers of trees within the Hope River watershed will not be allowed. POLICY SP C16 The planning authority will not encourage development within the aquifer recharge area that threatens to undermine or is in conflict with the natural functions of this area. There may be parcels of land that have not been identified for a specific use on the proposed land use map. This does not mean that the land is vacant and can be used for any purpose. Instead it may have been considered prudent to leave it in its natural state, for “nature conservation” purposes, as it may have needed some form of protection. In the interim such land should be regarded as “nature conservation” or for “informal recreation” where appropriate. However, if they are unsightly, they may have to be bushed or otherwise be cleaned up for amenity purposes. POLICY SP C17 The planning authority will encourage the beneficial use and management of vacant land particularly where environmental advantages may be secured. POLICY SP C18 The local planning authority will endeavour to preserve lands designated as private open space for such use and 258 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. will resist conversion of such lands to uses not complementary to the intended use. POLICY SP C19 The local planning authority will seek to ensure that lands designated for open space and recreational facilities in private developments are used to complement the nature conservation process. Pollution may cause significant damage to the ecological systems and residential amenity. Air pollution can cause adverse health problems from the emission of fumes, dust, and offensive odours. Poor water quality can destroy riparian habitats and affect water borne leisure potential. Developments which give off high levels of pollution will be treated cautiously when being assessed. POLICY SP C20 The planning authority will not grant planning permission for any development proposals which could lead to unacceptable levels of environmental pollution and in dealing with such applications will take into consideration site location and environmental safeguards. Noise pollution also damages the environment and although there is a Noise Abatement Act (called the “Night Noise” Act) which controls the volume of sounds emanating from a private premises or public place, planning plays a critical role in this regard. The layout and design of buildings can be such that it reduces the effects of noise disturbance. POLICY SP C21 Development proposals which would lead to unacceptable levels of noise nuisance to nearby existing or future occupants will not be granted permission by the planning authority. In some areas the Kingston and Saint Andrew Municipal Corporation has lands which were either vested in them as open space on behalf of residents or which they acquired as public playing fields. Over the years, due to shifting neighbourhood patterns some of these may become derelict or due to a demand for other facilities there is always the pressure for them to be disposed of for other purposes. These lands should be protected as they were acquired or given for specific purposes. POLICY SP C22 The local planning authority will not support development on Municipal Corporation owned lands which have been designated as open space. Where such lands are to be used for other public purposes, the planning authority will only support such development if an equivalent area of land is acquired and developed with at least similar amenities for open space in the immediate area or in an alternate area where the use is deficient. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 259 FIFTH SCHEDULE, contd. POLICY SP C23 In the design and development of open spaces, parks and other open areas under its jurisdiction the local planning authority will seek to protect and enhance areas that attract wildlife. POLICY SP C24 The local planning authority will ensure that open space left in the local authority’s trust are well maintained and used for the purpose intended. The same principle which applies to the ownership of lands by the Kingston and Saint Andrew Municipal Corporation also applies to lands owned by Central Government. There are instances in which lands have been acquired for parks and have been used for other purposes and these need to be safeguarded. POLICY SP C25 Except as required for other necessary public purposes, planning permission will not be granted for development on publicly owned lands which have been designated as park or open space and which shall be used for that purpose. POLICY SP C26 The planning authority will ensure that access by the general public to public open or recreational space is not unduly restricted and will ensure that such areas are equipped with the necessary amenities which complement and enhance their use. Since government has access to publicly owned lands it is customary for it to undertake activities in areas in which they would not otherwise have been allowed or allowed only if certain criteria are met. Where lands have been zoned for conservation purposes or, are in other sensitive areas such activities should be so designed that they do not detract from the area. POLICY SP C27 The undertaking of public works in conservation and other sensitive areas will be allowed only where essential and should be designed such that it detracts as little as possible from the appearance and recreational use of the area. There are recreational outdoor activities such as golfing and jogging, which occur within the urban area in places such as Emancipation Park, and Golf Academy, Barbican Beach and football grounds and The Police Officers Club, Hope Gardens and Devon House along the Hope Road Corridor. In considering the location of such development their scale and character will have to be assessed against the general appearance of the areas in which they are to be located to ensure that compatibility exists. POLICY SP C28 Proposals for outdoor recreational uses which require extensive areas of land will normally be permitted if 260 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. there is no conflict with the general character and appearance of the area and the scale of development is kept to a minimum. Although the Order Area is characterized by several green areas there is a shortage of organized green spaces. What exists in communities and urban areas therefore has to be safeguarded. In considering applications in these areas care and attention will be paid to protection of existing and proposed green areas. Public recreational areas are an essential part of modern living and social amenity offerings particularly in an urban setting. An organized and maintained system of public open and recreational spaces should be developed and implemented and the local planning authority should seek to have the first phase of this system completed within the next ten years. POLICY SP C29 Planning permission will not normally be granted for any development which would result in the loss of any green area within the built up area unless there will be no significant effect upon the environment and amenity of the surrounding area. POLICY SP C30 The local planning authority will ensure that a system of open and recreational spaces is developed which serves the recreational needs of communities in the Order Area. Communities in rural towns and villages should have their own identities and peculiarities that make them distinctly different from each other. One way of achieving this is through the maintenance of a green corridor or strategic gap. Developments in these will be severely restricted, so that they do not lose the purpose for which they were intended. POLICY SP C31 The class and nature of development on green areas connecting communities to each other (Strategic gaps) will be severely restricted to prevent coalescence and maintain openness of the area. The Built Environment If buildings in an area have a distinctive character and contribute to the street architecture then the design should be preserved and not be arbitrarily changed. For example if a new shop front has to be provided it should be in keeping with the character of those already existing in the area. In dealing with applications it will be necessary to control the design and arrangement of buildings and structures, access and circulation, and relation to the surroundings to ensure efficient functioning and adequate protection to adjacent and nearby residential areas. POLICY SP C33 The design of shopping centres and other commercial developments should have due regard for convenience and safety of the public and adequate protection and MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 261 FIFTH SCHEDULE, contd. separation should be provided for contiguous and nearby residential property. POLICY SP C34 The character of shop fronts and other commercial buildings which are of architectural or historic interest should be maintained and enhanced and others made to conform as much as is practicable. Insensitively sited high buildings, especially those above two storeys in height (ground plus one floor) can often intrude upon pleasant views. Development in these visually sensitive areas will therefore be restricted to minimize their visual impact. POLICY SP C35 Proposals for high buildings within or adjacent to an area sensitive to their impact will only be approved if they exhibit an appropriate degree of sensitivity in respect of siting and scale. POLICY SP C36 No permission will be given for the erection of high buildings within an area regarded as in-appropriate for such buildings or in, or, adjacent to sight lines between strategic view points and landmarks. Historical, Archaeological Sites and Buildings The Order Area has a rich heritage of sites and buildings having particular beauty or historic, archaeological or architectural significance which should be preserved for the benefit of both residents and visitors because these are important linkages with our cultural heritage. A list of these which are protected by the provisions of the Jamaica National Heritage Trust Act is indicated in Appendix 3. Rather than allowing those sites and their settings to be destroyed, the planning authority will seek to preserve and to protect them as well as sites of archaeological deposits. Application for the development of land in the vicinity of such other sites and buildings of historic significance should only be undertaken after consultation with the Jamaica National Heritage Trust Commission. POLICY SP C36 Permission will not be given for any development within the vicinity of any monuments listed by the National Heritage Trust without approval from the Jamaica National Heritage Trust. POLICY SP C37 The planning authority will normally refuse planning permission for development which would damage or destroy the setting of ancient monuments, historic landscape and important archaeological sites. POLICY SP C38 Before granting permission for the demolition of any building or the development of any site with historic or 262 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. archaeological buildings, the planning authority may require the developer to provide information regarding the importance of the site and the impact of the development. In certain cases such an assessment may involve an evaluation excavation. Owners of property on which there are historic relics will be required to restore and preserve them or cause them to be preserved and restored, within a compatible environment and within the context of viable development where this is contemplated. This is in accordance with Government’s policy direction in keeping with basic planning principles. POLICY SP C39 The planning authority will support and encourage the identification, recording, protection, maintenance and enhancement of archaeological sites, ancient monuments and historic landscape features and will not approve permission for development which would lead to their damage or destruction unless discussed with the Jamaica National Heritage Trust and special justification can be demonstrated. POLICY SP C40 The planning authority along with the Jamaica National Heritage Trust will identify and seek to restore and maintain the use of structures, buildings, monuments and neighbourhood of historic or architectural significance as a means of enhancing their economic and cultural value. There may be situations in which a proposed development will unavoidably affect archaeological remains if it is allowed to take place. The planning authority will seek the views of the Jamaica National Heritage Trust when the impact of development proposals on such a site is being assessed. In such cases the local planning authority will encourage the Jamaica National Heritage Trust to seek an agreement with the developer to provide resources for the undertaking of site assessments. POLICY SP C41 In areas suspected to have archaeological significance, developers will be required to undertake an Archaeological Impact Assessment. POLICY SP C42 There will be a presumption against development on important archaeological sites except where the redevelopment of a substantially developed site is proposed. In such cases the planning authority will ensure that the development proposals pose the least possible damage. Where this is not possible the planning application will not be supported. POLICY SP C43 Planning permission will not be given for the demolition of buildings or structures of architectural and historical MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 263 FIFTH SCHEDULE, contd. interest unless reasonable opportunity for preserving and/ or recording its characteristics using available technologies before demolition begins. The Town of Port Royal is very significant. Destroyed in 1692, Port Royal represents archeologically, one of the most productive 17th century sites of the New World. POLICY SP C44 All development within the historic town of Port Royal shall conform to the relevant policies of this Order and of the Jamaica National Heritage Trust. POLICY SP C45 The planning authority will seek through their decision making process affecting land use and development to ensure that the design and character of a new building is as far as possible in keeping with the scale and character of existing buildings around them. Historic and cultural structures may be identified as suitable for various uses such as tourism, housing, shopping and entertainment from which several benefits may be obtained. POLICY SP C46 The planning authority will provide a list of all conditions that shall be met by the applicant for development of multiple and appropriate adaptive use and reuse of historic resources and will seek the assistance of the Jamaica National Heritage Trust in preparation. An essential feature of the built environment in Port Royal is the protection of the exterior feature of the buildings from unsympathetic change. The architectural character of an area can be enhanced by protecting those buildings which are important in their own rights or which has some special characteristic. POLICY SP C47 The conversion or alteration of any existing building should be of a high standard of design and be in sympathy with the existing built environment. POLICY SP C48 Alterations and extensions to buildings should respect the period, architectural characteristics and detailing of the original building including external features such as porches, and should use matching material or similar material finish. Due to circumstances beyond the control of the authority and the developers it may be necessary to develop a site completely rather than trying to save existing buildings. In such situation precautionary measures will be taken to retain the character of the area. POLICY SP C49 The demolition of buildings of historic interest may be allowed when a large scale development is proposed and 264 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. the design and character of the buildings cannot fit into the existing situation. The special importance of buildings in the townscape or landscape may sometimes justify allowing it to be used for some purpose which would not normally be acceptable in that location to save it from damage or discordant development. Such an action should not be regarded as a precedent to allow other extraneous uses in the area. POLICY SP C50 The local planning authority will ensure wherever possible the conservation of the best buildings and archaeological and historic features in town, village and countryside. POLICY SP C51 The local planning authority will endeavour to protect and enhance all listed buildings, their settings and any features of special architectural or historical interest they may possess. URBAN ECONOMY The Kingston and St. Andrew Development Order Area is an important engine for growth and wealth generation in the country. The multifaceted economic base of the municipal area is intrinsically linked to further socio-economic development of the country due to the area being the country’s capital. The area has a diverse set of comparative advantages as it is the seat of government, headquarters of all financial institutions and the centre of industrial and commercial operations. The development area contains a wide range of economic activities inclusive of industrial, manufacturing, commercial and service oriented industries. As the metropolis grows tourism revenue has increased owing to the location of many hotels, heritage sites and places of interest within the area. The economic base of the city continues to employ a large percentage of the labour force and contribute to social advancement. The development of the area is very fast paced so as to coincide with the growth of the area, to provide employment and acceptable amenities. Urban expansion has to take place in an organized and sustainable manner. POLICY SP UE1 The planning authority will ensure that all large scale commercial developments in the planning area have no adverse impacts on the site to be developed or on neighbouring sites or developments in the area for which the proposal is submitted. POLICY SP UE2 The employment needs of the surrounding area will be met by zoning land, to accommodate the establishment of new commercial buildings and the extension of business premises except where these would have an adverse environmental impact or threaten the heritage of the area. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 265 FIFTH SCHEDULE, contd. POLICY SP UE3 The stated type of economic development must be sited and operated in an environmentally sustainable manner. Kingston is the hub for industrial activities and these industries are situated based on the availability of raw material, ease of transportation and availability of labour. These range from heavy to light industries. Where hazardous processes are being undertaken it may cause potential danger for employees and persons living in the surrounding area. Proposals involving hazardous industry will be given close scrutiny and will only be allowed after adequate consultation with the relevant agencies. POLICY SP UE4 Hazardous industrial processes or storage facilities will only be permitted in locations where they will have no adverse effects on existing properties and should have an emergency evacuation plan. POLICY SP UE5 Development proposals for any use which would result in a significant number of people living or working in close proximity of any hazardous industry or storage site will not normally be permitted. The architecture and design of Downtown Kingston provides a glimpse into the past and reflects the period of colonization in its architectural details and spatial layout. Restoration and redevelopment of some of these derelict buildings are being undertaken by the relevant authorities and companies. Such sites are intended to provide more places for the location of businesses, an attractive location for conferences or some other productive use. POLICY SP UE6 The planning authority will encourage the redevelopment of Downtown Kingston and restoration of neglected and vacant buildings to provide location for potential economic activities such as shopping areas and office spaces. This should be done in a manner that preserves and enhances architectural and aesthetic details. POLICY SP UE7 The planning authority will consider favourably proposals for new compatible developments in this area which will bring vibrancy into the neglected urban core and transform it into a formidable commercial and administrative district once more. The existence of a largely unorganized, unregulated and mostly legal but unregistered informal sector must be recognized and planned for if we are to build a sustained, successful process of economic development in Kingston and St. Andrew. The formal sector depends on the informal sector for cheap inputs and wage goods for its workers while the informal sector depends on the formal sector for substantial portion of their income and clientele. Both work in tandem with each other and the informal sector’s contribution to the growth and development of the formal sector is undisputable and needs to be supported. 266 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY SP UE8 The planning authority will seek to ensure that the informal sector is provided with markets which are refurbished and equipped with the necessary amenities inclusive of security to make the shopping experience a more pleasurable and worthwhile one for both vendors and customers. Where large scale commercial or office development occurs certain basic amenities should be provided for the convenience of the public. The planning authority will assess the proposal and ensure that the provision is adequate before approval is given. POLICY SP UE9 In considering large scale commercial and office development certain public facilities such as toilets, facilities for recycling and children’s play area where possible will have to be provided. In many instances, small offices are located on premises suited for this purpose or as part of a large building which has been subdivided. Where they are in prominent locations there is always the pressure to do major redevelopment. Because of their contribution to the economy and other environmental factors this will be resisted. POLICY SP UE10 Permission will not normally be granted for the redevelopment of small offices or their alterations into large complexes where they make a particular contribution to the character and function of the area. Public services and private organizations widely used by the public will be encouraged to provide outlets in shopping centres and other related developments, where it is convenient for shoppers to carry out their business transactions at the same time, rather than having to travel long distances from one location to another. POLICY SP UE11 New shopping and other commercial business activities will be encouraged to provide accommodation for public service facilities such as the paying of utility bills, etc. POLICY SP UE12 The local planning authority may, after consideration of the merits of an application, permit development in an area where such use is not normally permitted or permitted only in certain cases. However, in such situations the applicant will have to show the appropriateness of land use and absence of adverse impact on the neighbourhood. The impact on the visual amenities of adjoining properties such as building height, scale and massing, external finish of these developments will be taken into consideration. Such developments will be subjected to the guidelines set out in the Development and Investment Manual—Volume 1 Section 1—Planning FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 267 and Development and will be used to assess the applications. POLICY SP UE13 Retail and office applications for the establishment of offices or retail businesses in areas other than commercial will be considered entirely on their merits taking into account the availability of suitably zoned areas, the necessity to avoid breakdown of stable areas and communities, traffic considerations and other relevant factors. Fast food outlets, (take away hot food shops), restaurants and other similar establishments have important leisure and service roles. The uses can, however, cause problems to residents nearby because of odour, noise and other disturbances. Management of uses is therefore necessary to ensure compatibility in the area in which they are located such activities should also have sanitary facilities which can be used by customers. POLICY SP UE14 Planning permission will only be granted for suitably located fast food shops and restaurants where there is no potential detriment to environmental amenity. Appropriate hours of operations will be placed on this activity to protect residential amenity. POLICY SP UE15 Fast food outlets should provide sanitary facilities that can be used by customers if a public one is not located within 50 metres of the outlet. There is a shortage of outdoor spaces specifically designated for night time entertainment and other impromptu social activities within the Development Order Area. There are car parks and other open spaces which are strategically located especially in Downtown Kingston and along Palisadoes that could be used to satisfy this demand. They are ideal for entertainment events and because of their location will have limited impact on residential areas hence unlikely to violate the Noise Abatement Act. The usage of places such as car parks is one location which is mainly a day time activity that ends at approximately 8:00 pm most times allowing other uses and events to occur in the area beyond that time. Some of these areas are also not in use on a weekend thus making them available for open-air entertainment purposes. It is anticipated that anyone desirous of using these facilities for the above purposes will consult with and obtain the necessary permission from the local authority which will consider each submission on its own merit. POLICY SP UE16 Planning permission for entertainment facilities will not normally be granted where traffic problems are exacerbated, where the amenity of residents would be considerably injured or where a proposal is incompatible with the existing and function of the area. FIFTH SCHEDULE, contd. 268 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY SP UE17 Car parks and other similar facilities may be used for open-air entertainment and other social events during the period in which they are not occupied for regular use. POLICY SP UE18 Facilities such as car parks or other open areas that are being used for social events should obtain permission from the local authority and conform to the requirements and guidelines contained in the permission. Night life is an important part of the urban fabric and contributes to its economic development. The activities at night also help to keep the urban areas alive and ensure a certain level of security. However, some forms of entertainment can be a nuisance to their neighbours hence they have to be properly screened and located and the related building and safety standards met. POLICY SP UE19 Permission will not normally be granted for a change from a socio-cultural use such as cinemas, museums, etc., to other non-related uses except in circumstances where a replacement will be made, within a stated time period satisfactory to the planning authority. The disabled are often not taken into consideration in the design of development and therefore find it difficult to access most buildings. Sometimes when they do have access they are unable to use the facilities provided. In the event of new developments the local planning authority will ensure that adequate provisions are made for them. POLICY SP UE20 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. Sometimes new and small or micro businesses may have to be located in or close to residential areas and other sensitive localities having a negative impact on the amenity of the surrounding properties. It is important that all new development for this purpose be integrated into the surroundings and that the amenity of neighbouring occupiers particularly residential is not unduly affected. POLICY SP UE21 In considering applications for business developments outside of the area shown on the land use map for the purpose the following will be taken into consideration: (a) the character of the area; (b) the availability and supply of such facilities within the area; (c) the development being acceptable on environmental, design, traffic amenity and other grounds; FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 269 (d) the plot ratio standard for the type of development; (e) the car parking requirements for the development; (f) the provision of adequate servicing facilities; (g) impact on amenity, in terms of noise, vibration, smell, fumes, smoke, soot, ash, dust, grit etc.; (h) provision of soft landscaping including trees; and (i) other related policies in this Order. With the advancement of information technology many small scale businesses are now being carried on from home. This has lessened the need for business premises as the activity is such that it is unlikely to be detrimental to neighbours. POLICY SP UE22 Proposal to use part of a residential building or a building ancillary to a dwelling, for business purposes will be permitted provided that the residential use will remain the main focus of the property and the residential appearance of the property is retained. Informal and mostly unapproved light and heavy industrial activities occurring in areas zoned for residential land use have become very prevalent. These industries are located in residential areas that are located along major roadways or are in close proximity to central areas. These activities include mechanical shops, auto repair shops and garages. They are an eyesore and do not operate in an environmentally sustainable and friendly manner. They consequently cause encroachment and noise pollution. These activities are known as bad neighbour uses and need to be placed in carefully selected and designed areas. POLICY SP UE23 New “bad neighbour” use developments or the intention of intensification of such existing uses will not be permitted. POLICY SP UE24 The planning authority will allow the establishment of these industries and related activities in areas where they will not have an adverse effect on the character of a neighbourhood. Mixed use development of residential and commercial activities are compatible in certain areas and may be permitted provided that land uses are compatible and do not cause undue hardship to neighbours. POLICY SP UE25 Mixed use development of residential, commercial or institutional activities in areas compatible for such may FIFTH SCHEDULE, contd. 270 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 be allowed subject to intensity of such development being permitted. The fishing industry is not one of the Development Order Areas main revenue earners; however it provides the main income for many people who live in close proximity to the Kingston waterfront. The Kingston Harbour Rehabilitation project identified several possible improvements to this important industry which include—A fisherman’s wharf at Newport East (between the Newport West Industrial Zone and the Downtown waterfront), including a modern fish market, outdoor restaurants and new and improved fishing villages around the harbour in addition to those already existing. (See Appendix 4) POLICY SP UE26 The planning authority will normally support developments which improve established fishing beaches and provide supporting infrastructure for the industry. The Urban Development Corporation (UDC) is preparing a new plan for the downtown waterfront with connections to Sir William Grant Park and the Market District. The Plan is being created within a Business Improvement District (BID), established in 1995 as a public-private partnership and financing mechanism to create a more positive environment for local economic development. POLICY SP UE27 The planning authority will normally support suitable developments which improve the liveability and enhance the economic potential of Downtown Kingston provided that they do not diminish the environmental amenities of the area. RURAL ECONOMY Agriculture is an important contributor to the economic base of the Order Area. It generates employment, and income throughout rural communities. Coffee cultivation is the main agricultural activity in the northern section of St. Andrew. Agricultural, horticultural and forestry lands will be safeguarded in all decisions made by the planning authority. POLICY SP RE1 Land of agricultural potential will be preserved and conserved for productive agricultural use and priority will be given to agricultural uses over other planning considerations. POLICY SP RE2 There will be a presumption against the fragmentation of good agricultural lands which diminishes the amount of productive or potentially productive land for agriculture. It is common for development on poor agricultural lands to encroach onto good agricultural lands that are in proximity to them. This occurs because of the pressing demand for uses other than agriculture and in many cases the agricultural use is sacrificed. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 271 POLICY SP RE3 The planning authority will not normally support development on poor agricultural land if it will in any way jeopardize the existence of good agricultural land. There are a number of agricultural activities that do not require lands with good soil quality (classes I, II and III). In these situations land of lower capability may also be used for agricultural purposes especially in the rearing of animals such as the rearing of pigs, the keeping of poultry and greenhouse agriculture. POLICY SP RE4 Activities such as poultry and pig rearing which are intensive agricultural uses not dependent on soil capability and which contribute significantly to the rural economy will be encouraged on lower grade agricultural land where possible. With the thrust in the eco-tourism it is inevitable that some development will take place in the rural areas. It is therefore necessary that any adverse impact on the various resources of the rural area be kept to a minimum. The way developments fit into the area is essential in preserving its character. POLICY SP RE5 Any development which is allowed in the rural areas (including agricultural buildings for which planning permission is required) will have to be designed and sited in such a way that any adverse effect on the agricultural potential or public enjoyment of these areas is kept to a minimum. The undertaking of agriculture as a viable enterprise requires the provision of markets and other distribution outlets in convenient locations. Where these are necessary the planning authority will support them. POLICY SP RE6 Development will normally be permitted where this is proved to be necessary for the distribution of produce to and from local farms and where they are not in conflict with any planning policies. Several persons travel to large shopping centres in urbanized St. Andrew and Kingston on a weekly or monthly basis to shop and access services, while daily shopping is done at small shops located in the rural communities. Therefore, proposals will normally be supported for office and commercial development which will serve the rural community. POLICY SP RE7 Proposals for improvements to local shopping facilities or the establishment of a new one in villages and areas where the need exists will be normally supported by the planning authority. Expansion of the rural economic base is essential and can be achieved through the diversification of farm business and the reuse of redundant buildings for various FIFTH SCHEDULE, contd. 272 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 purposes. However, the location of these building is of major importance in justifying their use as reuse of redundant buildings will not be encouraged in areas where will cause the movement of extra traffic onto unsuitable rural roads. POLICY SP RE8 Recreation, light industry, educational and tourist related businesses will normally be supported within redundant farm and institutional buildings provided such change would not in any way affect the character of the building or be detrimental to the character of the countryside. In order to prevent over dependence on agriculture and widen the base of the rural economy certain types of development not relating to agriculture may be allowed. These will be limited to guest houses, villas or cabins, or other suitable holiday accommodation, and other small business enterprises. POLICY SP RE9 Extensions to existing buildings or the erection of new ones to accommodate guests and appropriate small business enterprises will normally be supported provided that there are adequate amenities and the character of the building and its locality will not be affected. The development of craft industries in the home especially for sale to tourists can bring added income to families with the required skills. These should not be un neighbourly activities and should at all times be environmentally friendly. POLICY SP RE10 The planning authority will support the establishment of small scale craft industry or other income generating activities in homes or adjacent to a rural settlement which will not be a nuisance to neighbours, or have any adverse impact on the environment or result in the loss of good agricultural land. Some agro processing industries need to be located near to the source of the raw material. This is true of the coffee industry in rural St. Andrew where processing is undertaken in proximity to where it is grown. Over time, other agricultural activities which may require processing may be pursued in these areas therefore agricultural plants may have to be located where they can facilitate the processing of these agricultural products. POLICY SP RE11 The planning authority will normally support the establishment of agro industries where they strengthen and diversify the rural economy, as long as good agricultural land and the character of the area will not be compromised, or they will not adversely impact the environment or have a deleterious effect on the area. TOURISM The Development Order area has a varied tourism product including culture, heritage, sports, business and adventure. The Development Order seeks to support FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 273 the development of the tourism product in a distinctive way. Each type of tourism must be viewed as having the potential to boost and reinforce the other types. It will be important for example, that conference visitors be exposed to the cultural and heritage site of the region and that cultural and heritage visitors receive information about the potential of the Order Area for hosting conferences. As the industry develops there will be a demand for more accommodation, attractions and other supporting infrastructure, hence the need to ensure that appropriate policies are applied. POLICY SP TO1 The planning authority will normally consider proposals for hotels, guest houses and other service accommodation within built up areas, along the coast, and in areas identified or suitable for the purpose where the facilities are available to service this type of activity. POLICY SP TO2 Conversion of buildings of historic and architectural importance into tourist accommodation especially in the instance where they are in need of repair and where this would contribute to the conservation of the building will be supported. POLICY SP TO3 New development to facilitate tourism will normally be supported in areas outside the built up urban areas where the efficient operation of well-established activities justifies extensions. POLICY SP T04 The planning authority will normally support the development of bed and breakfast facilities to supplement accommodation offerings, however such development should not detract from the amenity of the area in which they are located. Rural St. Andrew offers opportunities for eco and adventure tourism including hiking, biking and visits to working coffee farms. There are already a few cottages and guest houses that cater to these types of tourists and if the demand for rooms increases it is likely that more will be developed. Extension to existing buildings and changes of use to existing developed sites and buildings such as redundant farm buildings to accommodate guest houses, bed and breakfast, and self-catering accommodation will normally be acceptable. However, access should be suitable with the proposals having no adverse effect on the character of the building and its locality. POLICY SP TO5 Proposals for new or improved tourism facilities and attractions will be supported on appropriate sites for such development subject to the siting, design, environmental and visitor management considerations being satisfactory. POLICY SP TO6 Tourism service accommodation outside built up areas will normally be permitted in suitable areas where FIFTH SCHEDULE, contd. 274 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 existing buildings are converted or where appropriate extensions to existing service accommodations are required. Most of the major hotels have well developed conference facilities and the city also has a conference centre located in the downtown area approximately 20 minutes away from the popular business hotel district of New Kingston. The competitive edge of business hotels is usually based on the quality of the surrounding urban environment in terms of a wealth of cultural opportunities (theatres, art galleries, museums etcetera), shopping opportunities (arts, crafts, duty-free luxury items etc.), interesting visits and tours, and a vibrant, exciting nightlife (shows, dances, concerts and other cultural performances). POLICY SP TO7 New proposals for hotel development shall be considered on their own merit taking into consideration the guidelines provided in Policy SPT01. Compatible mixed uses such as situations in which residential and cottage industries are developed within communities will normally be encouraged. However over time new standards and guidelines for the location of such development will be developed in order to preserve the character and amenity of residential areas POLICY SP TO8 The planning authority will encourage mixed use development where this is appropriate , and will at all times ensure the residential amenities and areas of environmental importance are protected. While tourism development facilities will be encouraged in the built up areas, the environment has to be safeguarded in the interest of local residents. These facilities will be encouraged in the urban areas and elsewhere. Small facilities such as bed and breakfast will be acceptable and will have the added benefit of bringing small entrepreneurs into the picture and allowing them to feel a part of the tourist industry. POLICY SP TO9 In built up areas, development which improves or extends the range of tourist facilities will be permitted provided the development is compatible with the character and appearance of the locality and complements the amenities of nearby residents. It is in the interest of the motoring and pedestrian public to have certain facilities established along heavily used roads and corridors for their convenience and comfort. These should be at locations where they do not conflict with conservation policies nor interfere with the flow of vehicular or pedestrian traffic. POLICY SP TO10 Indoor and open air restaurants, cafes, tourist information facilities and picnic areas, may be permitted at appropriate locations on roads providing there is no conflict with conservation policies and the design being satisfactory to the relevant authorities. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 275 The height of hotels, guest houses and other tourist facilities should fit into the environment in which they are being located. They should not be bulky and overbearing, should be adequately landscaped and conform to the density, height, floor area ratio, ground coverage and all other development requirements for the area. POLICY SP TO11 The height of hotels, guest houses and other tourist accommodation should not exceed the planning criteria established for the area in which they will be located. In some instances man-made and natural tourist attractions will need service facilities. These should be provided in a very unobtrusive manner and at a scale and intensity such that they do not detract from or have any harmful effects on the surroundings. POLICY SP TO12 Tourism service facilities will be allowed in areas where man-made features are developed as attractions and in conservation areas providing there is no conflict with conservation policies and the design being satisfactory to the relevant authorities. Kingston Harbour is one of the Development Order Areas biggest tourism and recreational assets. The Kingston Harbour Rehabilitation Project identified several potential projects which, if suitably implemented may add to the economy and active open space available to both locals and foreigners and improve the visual amenity of the area. These include boardwalks, sidewalk eateries, mixed use developments (housing, commercial and office uses) and environmental rehabilitation. It is also expected that these developments will act as a catalyst for the revival of Downtown Kingston. POLICY SP TO13 The planning authority will normally support developments which enhance the aesthetics, increase available recreational area and generally increase the usability of the Kingston Harbour and Waterfront and will at all times ensure that these development do not diminish the visual or environmental quality and importance of the area. MINERALS The Mining sector represents a critical component in Jamaica’s national development and historically, has contributed to the Island’s economic transformation. Limestone and gypsum are the two main commercially viable mineral reserves within the Order Area and are used in the construction industry. Quarrying of river sand and aggregates is also undertaken especially along the Wag Water River. Presently, there are two identified quarry zones in the Order Area. Additional quarry zones may be determined according to the availability and quality of suitable material and will and shall be strictly controlled with regard to aesthetic and environmental consideration such as noise, dust, smoke, traffic, and visual effect. FIFTH SCHEDULE, contd. 276 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. While it is expected that these resources will be utilized, operations must be in alignment with the National Minerals Policy 2010 - 2030 along with sustainable spatial planning practices and other relevant standards and guidelines so that mineral extraction in the Order Area may be undertaken following broad-based sustainability principles. POLICY SP M1 Physical development of a permanent or capital intensive nature will not normally be permitted on mineral bearing lands. POLICY SP M2 In considering proposals for development in proximity to mineral bearing lands or sites, the planning authority will take into consideration the potential impact on the productivity (potential and present) of mineral bearing lands. POLICY SP M3 In the event that contemplated development might affect licensed quarry operations, the matter shall be referred to the Commissioner of Mines for advice or recommendation. POLICY SP M4 All operations concerned with and ancillary to the extraction of minerals constitute development and as such, require planning permission from the planning authority. The Mines and Geology Division has delineated a quarry zone in the Ferry area, located on the boundary of the parishes of St Andrew and St Catherine, and in the Bito area in St Andrew while an area in Cane River St Andrew, has been identified as a proposed quarry zone. Quarrying will be permitted in these areas after the necessary licenses have been obtained. Notwithstanding, sites outside of these zones may be quarried once the required licences are obtained under the Quarry and Mining Acts. POLICY SP M5 The planning authority will not normally support quarry operations in locations outside of Quarry Zones as identified and approved by the Commissioner of Mines, except in extenuating circumstances. On completion of quarry operations it is expected that restoration of the quarried areas will take place in the shortest possible time and to the satisfaction of the planning and other relevant authorities. POLICY SP M6 Mining and quarrying plans for all phases of extraction should be submitted to the Commissioner of Mines and all permissions obtained before any such activity commences. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 277 FIFTH SCHEDULE, contd. POLICY SP M7 Rehabilitation plans for each phase of extraction should be prepared by the applicant and approved by the Commissioner of Mines and all relevant authorities, including the local planning authority. POLICY SP M8 All mined out and quarried lands are to be restored in accordance with conditions of approval or to a vegetative state approved by the relevant authorities and should be satisfactory to the local planning authority. POLICY SP M9 In determining the proposed land use for rehabilitated lands, the highest and best use of the lands should be considered and the use must be compatible with the zoning and or surrounding land uses. Where quarry proposals fall outside established quarry zones or where there are no zones in the area, such applications will be assessed for their impact on the surrounding areas with regards to aesthetics and environmental considerations such as noise, dust, smoke, traffic, hours of operation and visual effect. POLICY SP M10 In assessing quarry applications the local planning authority shall take into consideration the impact of the activity on the surrounding areas and will not recommend their approval to the Commissioner of Mines where they will have adverse effects on the locality. POLICY SP M11 Plant sites for the processing of quarry materials should be located as close as possible to the quarry sites and will be assessed in terms of their impact on the surrounding areas, hours of operation and the volume of material being quarried. In some instances, land that is slated for future development may be quarried on a priority basis and prepared for development to the satisfaction of the local planning authority in consultation with the Mines and Geology Division. However, the quarrying of land shall not be construed as rendering the land suitable for development. The future use of quarried lands must be in keeping with zoning or appropriate uses after consultation with the planning authority. POLICY SP M12 Lands which are slated for development may be quarried on a priority basis and be prepared for development to the satisfaction of the planning authority. River aggregate may sometimes be mined in order to control flooding or to safeguard infrastructure such as bridges, however appropriate volumes must be 278 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. extracted and techniques employed in order to avoid environmental impacts including river bank erosion, river bed degradation, and deterioration of river water quality. The responsible agencies must be consulted and the relevant permits and licences sought and obtained before extraction works commence. This is in Order to ensure the long-term river channel stability as well as the health of the aquatic and riparian habitats by allowing the extraction of sustainable volumes of aggregate based on the natural sediment transport process. POLICY SP M13 Permission for the extraction of river aggregate for the purpose of flood control will not be supported without the expressed consent of the Commissioner of Lands, Mines and Geology Division and other relevant authorities. Coastal sand (both onshore and offshore) is not a source for extraction purposes but provides protection from coastal hazards, aids in beach nourishment and plays an important role in the natural and human use values of the coast. In exceptional circumstances where extraction may be permitted and the appropriate nourishment technology must be utilized to restore the area. POLICY SP M14 Permission will not be granted for extraction of sand from Cays within the Order Area. POLICY SP M15 The extraction of offshore coastal sand will not be permitted except under exceptional circumstances and sand extraction in such situations will be stringently controlled by the local authority in consultation with other relevant authorities. ENERGY GENERATION AND CONSERVATION Presently, the provision of energy throughout The Order Area is primarily the responsibility of the Jamaica Public Service Company Ltd. This energy is provided through the generation and supply of electricity which in itself is not sustainable as the Nation grapples with increases in world oil prices. It is therefore imperative that alternate energy sources be identified and utilized. Energy conservation is necessary to reduce costs and also to promote sustainable environmental principles. Encouraging energy conservation among consumers will be taken into consideration when dealing with development applications. This could best be reflected in the design, siting, orientation, and layout of buildings. POLICY SP E1 The planning authority will be mindful of energy conservation in assessing the design of development applications especially as it relates to the use of natural lighting and conservation techniques. POLICY SP E2 The planning authority will support building heights which make it unnecessary to install elevators or other MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 279 FIFTH SCHEDULE, contd. lifting devices for goods and people or technology. This will significantly reduce or eliminate the use of non renewable energy for their operation. POLICY SP E3 The planning authority will support the design and layout of developments that employ green development and energy efficiency standards. POLICY SP E4 Consideration will be given to the provision of transport infrastructure and settlement patterns which will encourage modal split reduce travel time and energy expenditure. The availability of electricity contributes to comfortable living and is necessary for business and other activities but care has to be taken in its distribution. Substations and pole lines can be aesthetically displeasing to the environment and if not properly located can be dangerous as well. Planning permission should be obtained for these activities before work commences as they constitute development. POLICY SP E5 The planning authority will be mindful of the need for substations and will seek to ensure that new substations are suitably located. Construction must adhere to approved conditions and should have no adverse impact on the environment and amenities of the area. POLICY SP E6 Utility substations and individual transformers located on the ground, shall be surrounded by a wall or by a security fence with a screening hedge or other environmentally friendly device and should conform to the standards and guidelines developed by the relevant authorities. POLICY SP E7 Planning permission will be given for the installation of utility poles and lines where they are sited to allow easy and economic means of road construction and maintenance, sightline improvement and do not obstruct pedestrian movement. POLICY SP E8 Ancillary utility services should be so located that they will in no way obstruct sidewalk facilities. The laying of utility wires underground makes an area more aesthetically pleasing. It also reduces down time after climatic events such as hurricanes which reduces productivity. While the initial capital outlay is large, the returns on the investment is high considering the frequency of weather events and cost to replace broken poles and lines due to high winds. 280 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. POLICY SP E9 The planning authority will encourage the under grounding of utility wires and cables, appropriate markers must be installed to identify the routes. There is a growing acceptance that more of the country’s energy requirements will have to be produced from renewable resources. Consideration will have to be given to development proposals for renewable energy and the local planning authority will support the establishment if suitable sites are found. POLICY SP E10 The planning authority will consider the development of alternative energy sources provided the process, including ancillary buildings and facilities, will not cause negative impacts on the ecology of the area or disturbance to any receiving or transmitting system in the area. At present renewable sources of energy such as solar and wind are only available on an individual basis and in most instances as a supplementary energy source. Apparatuses are needed externally to collect power; however these should be placed in locations where they have minimal visual impact and are installed in a safe manner. Policy SP E11 Where planning permission is required for proposals to use renewable energy sources, applications will be considered on the basis of the visual effects, and safety of the structures proposed and the need to protect heritage buildings. POLICY SP E12 The planning authority will encourage the use of acceptable renewable sources for energy in building and site design. WATER SUPPLY National Water Commission (NWC) provides some 16.8 billion gallons of water per year to the Order Area’s water supply system, servicing some 95% of the population with access to piped water. The Order Area water supply system includes the two major raw water storage reservoirs—the Hermitage Dam with capacity of 390 million gallons and the Mona Reservoir with capacity of 800 million gallons. A large portion of the water supply network is over 40 years old (which has surpassed its useful life) and large sections are in need of urgent replacement. As a direct result of the lack of adequate investments, the potable water supply system in the Order Area is characterized by inadequate production capacity, unreliable supply, restrictions on housing and other developments due to lack of water, old and inadequate production, transmission and distribution infrastructure and high levels of technical and commercial losses. In addition, there has been a significant growth and expansion of the KSA over the years which has negatively impacted on the system’s operational ability to satisfy MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 281 FIFTH SCHEDULE, contd. present and future water supply demand. To overcome this problem, several improvement projects are scheduled for the Kingston Metropolitan Area which will impact positively on the service delivery. POLICY SP WS1 The planning authority will seek to facilitate the development of or improvements to the potable water distribution system including reservation of site for pump and lift stations and reservoirs within the Order Area. POLICY SP WS2 The planning authority, in consultation with the National Water Commission or private water supply entities, will seek to locate and secure lands/easements for the accommodation of infrastructure to support the water distribution system. POLICY SP WS3 Permission will normally be given for the location and construction of water treatment facilities to the satisfaction of the planning authority. Based on the National Water Commission’s average annual base consumer demand, the demand for the utility is estimated at 161 million litres per day (MLD) beyond the year 2025. The National Water Commission has noted that the demand for potable water is based on a population projection of 0.9% through to 2025. It should be noted however that with the proposed revitalization of Downtown Kingston and proposals of this Order to increase residential densities within identified nodes, an increased in the number of persons living in the Order Area is expected. POLICY SP WS4 The planning authority will seek to ensure the coordination of development with the provision of water supply services and may not permit but phase the timing of development based on the ability to supply potable water. It is imperative that water conservation and re-use is promoted and facilitated. The reuse of grey water can help reduce demand for more costly high-quality potable water and reduce energy required for treating water along with the carbon footprint of water services. Reuse of grey water requires separation from sewage, which at present is not standard plumbing practice in the Order Area, and therefore will require plumbing retrofits. The use of these will have to be strongly encouraged through public education and planning incentives. POLICY SP WS5 The planning authority will encourage the use of harvested rain water and recycled grey water for non-potable uses and will ensure that provision is made for this in new development proposals. POLICY SP WS6 Developments having large landscaped grounds, golf courses, or public green/open spaces must make provision for the use of harvested rain water and/or recycled grey water for landscaping. 282 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. POLICY SP WS7 The siting, design and operation of harvested rain water and/or recycled grey water systems shall be in accordance with applicable standards and guidelines and shall be constructed to the satisfaction of the planning authority. POLICY SP WS8 Where the need arises for the carrying out of works toward the upgrading of storm water drainage systems they will usually be considered of paramount importance by the planning authority and given approval as long as they conform to the requirements of this Development Order. Currently, all applications for development including subdivision have to be considered by the National Water Commission. In order to reduce potable water demand, applicants are advised and encouraged to adopt water conservation measures such as recycling where this is possible. POLICY SP WS9 The planning authority will seek to develop planning incentives to encourage the incorporation of water conservation and recycling devices and technology in retro fitted and new development. The National Water Commission has been encouraging and facilitating consumers, primarily industrial and commercial to substitute potable water with non-potable water wherever this is possible. The Commission recognizes that rainfall harvesting a practice with a long tradition in many parishes in Jamaica will also play a critical role to supplement the demand for potable water. POLICY SP WS10 The siting, design and operation of harvested water systems shall be in accordance with applicable standards and guidelines and shall be constructed to the satisfaction of the planning authority. WASTE TREATMENT AND DISPOSAL Sewage and Waste Water According to the 2011 population census, approximately 34 percent of the households in the Order Area are connected to a central sewer system while 55 percent of the households have their sewage treated by individual onsite sewage treatment systems; five percent of the households utilize pits. The construction and commissioning of the Soapberry Treatment Plant, which presently service sections of the Order Area, came about in response to the need to ameliorate the environmental impact of improperly treated sewage particularly from the the Greenwich and Western primary treatment plants. Presently, flows into the Soapberry sewage treatment and disposal plant average approximately 27000 m3/day MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 283 FIFTH SCHEDULE, contd. or about 33% of capacity. Subsequent phases 1B and 2 will extend sewer networks on a phased basis with final completion in 2030. It is projected that with an annual population growth rate of 0.9% in the Development Order Area, the capacity of the Soapberry treatment plant will be sufficient until approximately 2020 – 2030. However if areas outside of expansion areas identified are connected to the system, capacity may be reached by 2015. POLICY SP WT1 The planning authority will seek to ensure that all sewage treatment and disposal systems are designed to treat to a tertiary level POLICY SP WT2 All on-site sewage treatment plants are constructed to meet the standards set by the Natural Resources Conservation Authority and or other relevant regulatory bodies and are located in areas satisfactory to the local planning authority and not be a nuisance to adjoining owners. POLICY SP WT3 Permission will not be granted for any new development, redevelopment or extensions within a sewered area unless they are being connected to the central sewerage system. POLICY SP WT4 The planning authority will seek to ensure the coordination of development with the provision of sewerage services and may not permit but phase the timing of development based on availability and capacity of sewage collection systems. The conveyance of sewage within the Order Area is primarily by gravity feed, however the need does arise for the installation of pump or lift stations where the topography or other factors deem it necessary. Presently there are 21 pump stations servicing the sewerage network. In order to expand the sewerage network it is expected that new facilities will have to be installed while others upgraded. The expansion plan for the Order Area identifies four new catchment areas (Figure 5) which will require the laying of pipes for the conveyance of sewerage. Present plans indicate that sewage collected from these four catchment areas will be conveyed to the Nanse Pen and Greenwich pump stations for final treatment at Soapberry. POLICY SP WT5 The planning authority, in consultation with the National Water Commission or private entities supplying sewerage infrastructure, will seek to locate and secure lands and easements for the accommodation of infrastructure to support the central sewerage system. POLICY SP WT6 The planning authority will seek to ensure that the layout of new facilities allows for future expansion and is in accordance with applicable planning standards. 284 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. Risks from infrastructure corridor development to sensitive water resources can be reduced through careful siting during the initial planning phases. Planning should consider the proximity of aquatic ecosystems, flora and fauna, recreational sites and other infrastructure that may be affected. In particular, when sewer mains may need to cross gullies and other water bodies, measures such as secondary containments should be employed to mitigate contamination of environmental receptors should breakage occur. POLICY SP WT7 Sewer mains should be designed and constructed to reduce the impact on the environment natural landscape and visual amenity. POLICY SP WT8 The planning authority will not normally support the development of sewer mains within or traversing sensitive environmental receptors. In locating sewage treatment and disposal facilities, care should be taken to ensure that they do not pollute or are in a position to pollute soil or underground water sources. Minimum distances should be strictly adhered to although they should not be taken as the maximum. POLICY SP WT9 permission will normally be given for the design, location and construction of wastewater treatment facilities after it has been proven that there will be minimal adverse impact on soil or groundwater resources to the satisfaction of the planning authority, and other related bodies. POLICY SP WT10 The planning authority will ensure that the siting of wastewater treatment systems is in accordance with the standard and guidelines set by the Ministry of Health and any other relevant authority. Methane is a clean-burning fuel that is the main component of natural gas and an important energy source. Like carbon dioxide it traps heat in the atmosphere, and accounts for approximately 16 per cent of all greenhouse gas emissions from human sources. In an effort to reduce the carbon footprint of urban development, the local planning authority will encourage the development of sewage treatment facilitates which will enable the re-use of waste by-products such as methane, treated effluent and sludge. POLICY SP WT11 The planning authority will encourage the development of sewage treatment and disposal facilities which will enable the re-use of waste by-products seek to ensure that provision is made for this in new development proposals. The recycling of grey water and the harvesting of rain water for use is presently being encouraged. Rainwater and wastewater from basins, baths, and showers can be MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 285 FIFTH SCHEDULE, contd. treated to acceptable standards and reused for non-potable applications such as flushing toilets and landscaping. The reuse of grey water can help reduce demand for more costly high-quality potable water and reduce energy required for treating water along with the carbon footprint of water services. Reuse of grey water requires separation from sewage, which at present is not standard plumbing practice in the Order Area, and therefore will require plumbing retrofits. POLICY SP WT12 The planning authority will encourage the use of harvested rainwater and recycled grey water for non-potable uses and will ensure that provision is made for this in new development proposals. POLICY SP WT13 Developments having large landscaped grounds, golf courses, or public green or open spaces must make provision for the use of harvested rainwater and/or recycled grey water for landscaping. POLICY SP WT14 The siting, design and operation of harvested rain water and or recycled grey water systems shall be in accordance with applicable standards and guidelines and shall be constructed to the satisfaction of the planning authority. POLICY SP WT15 Where the need arises for the carrying out of works toward the upgrading of storm water drainage systems they will usually be considered of paramount importance by the planning authority. Solid Waste Disposal Presently, the National Solid Waste Management Authority (NSWMA) is the primary collector of domestic solid waste (excluding hazardous waste) within the Order Area. All solid waste generated by office, industrial, construction operations and commercial activities such as shops, restaurants, and hotels are collected by private contractors. Presently, there are no transfer stations in the Order Area, as it falls within the waste shed of the Riverton Solid Waste Treatment and Disposal Facility. POLICY SP WT16 The planning authority, in consultation with the National Solid Waste Management Authority, will seek to locate and secure lands for the expansion of the present solid waste disposal sites and/or the provision of new sites, and also recycling and reuse sites. POLICY SP WT17 The planning authority will not consider applications for the development of solid waste disposal or transfer sites unless they include approved site management plans including a closure plan. POLICY SP WT18 On closure of landfills and transfer sites the lands should be restored for future use to the satisfaction of the local 286 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. planning authority and any relevant authority within the specified time provided. POLICY SP WT19 Existing and proposed civic amenity waste sites and transfer stations should have satisfactory access; should not be detrimental to environmentally sensitive receptors and the activity should in no way be a nuisance to adjoining uses. The local planning authority will seek to reduce the volume of solid waste entering the Riverton Solid Waste Treatment and Disposal Facility from the Order Area through the promotion and facilitation of recycling, composting and waste reduction. Recycling has become increasingly important especially in urban areas as population densities increase along with consumption and economic activities. Environmental cost and economic value of increased streams of recyclable material, have led to the establishment of several recycling companies which presently service the Order Area. The NSWMA has also launched a pilot for the collection of plastics within the Order Area. Recycling depots for amassing, sorting, and processing of recycled materials must be located in industrial or commercial areas. POLICY SP WT20 The local planning authority will seek to ensure that provision is made for recycling facilities in new developments. POLICY SP WT21 In considering the location of sites for waste collection/ recycling the local planning authority will have regard to the potential impact and effect on the surrounding uses and the environment in general. Consumer electronics—including televisions and other video equipment, computers, peripherals, audio equipment, and phones—comprise approximately one to two percent of the municipal solid waste stream in urban areas. Rapid growth and change in this product sector and increasing household incomes is expected to continue thus leading to higher consumption of these products. POLICY SP WT22 The local planning authority will consider such factors as amenity and proximity to environmental receptors in assessing proposals for the storage and processing of electronic waste. The collection, storage and transportation of scrap metal is controlled by the Trade (Scrap Metal) Regulations 2007. The diversion and recycling of scrap metal such as auto hulks, ferrous and non-ferrous and white goods (i.e. refrigerators, stoves and water heaters) from the general waste stream is desirable, however the siting of scrap metal storage and processing operations must be managed in order to ensure that their location and operation do not have deleterious effects on environmental receptors or reduce the amenity of the areas in which they are located. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 287 FIFTH SCHEDULE, contd. POLICY SP WT23 In the assessment of applications for the development of scrap metal storage and processing sites, the local planning authority will consider such factors as amenity and proximity to environmental receptors, residential and employed populations. Where facilities are not adequate for the storage of household waste and other solid waste, a breeding ground is provided for flies and rodents which threatens public health. Precautionary measures should therefore be taken in the form of the provision of satisfactory receptacles on the premises. The local planning authority will encourage the installation on waste separation facilities within developments which facilitate three-stream separation (waste, recycling, compostables). POLICY SP WT24 Commercial, industrial, office, and residential developments must provide vector/rodent proof receptacles on the premises for the storage and disposal of garbage. POLICY SP WT25 Onsite waste storage areas must be suitably constructed and located in order to facilitate safe access for the disposal and collection of refuse. POLICY SP WT26 Solid waste management plans showing the separation, use, and disposal of solid waste shall be submitted to the planning authority with development applications. Hazardous Waste With increasing industrial development occurring within the industrial sector, it is expected that hazardous waste will be created. Adequate provision will therefore have to be made for the disposal of such waste should it occur, to ensure that there is compatibility between industry and the environment. Presently the NSWMA does not have any set collection days, locations to drop off or facilities to store or treat hazardous waste. Medical waste is also categorized as hazardous. Hospitals within the Order Area presently dispose of medical waste through incinerators and or autoclaves. POLICY SP WT27 The planning authority will coordinate with the NSWMA to identify and secure suitable lands for the development of hazardous waste disposal site/s for the safe storage, processing and or disposal of hazardous materials. POLICY SP WT28 Medical waste disposal facilities shall be designed and constructed to the required standards, including the MOH Medical Waste Policy, as set out by the relevant regulatory authorities and to the satisfaction of the planning authority. 288 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. Household Hazardous Waste (HHW) may be classified as leftover or unused household products that contain corrosive, toxic, ignitable, or reactive ingredients these include paints, cleaners, oils, batteries, medicine and pesticides. The improper disposal of such substances by pouring them down drains, on the ground, into storm sewers, or in some cases putting them out with the trash poses a threat to both human health and the environment. Presently, such items are for the most part, not removed from the general waste stream entering the Riverton Solid Waste Treatment and Disposal Facility. However, private entities do collect for disposal or export items such as used lead acid batteries, waste toner and cartridges. POLICY SP WT29 The planning authority will coordinate with the NSWMA to ensure that provision is made new developments for the storage, pickup and safe disposal of household hazardous waste Ship generated waste Jamaica is signatory to the International Convention on the Prevention of Pollution from Ships (MARPOL 73/78) which requires that home ports must have port reception facilities to treat and dispose of this type of waste. Jamaica has not yet identified such port facilities. Ship-generated waste is expected to increase with more cruise ships coming to the island, expanded port facilities and with the increase in the development of over-water structures such as restaurants and hotel rooms. POLICY SP WT30 Where the need arises for the development of facilities for the safe disposal of ship generated and other over water waste the planning authority will ensure that adequate sites are provided for the purpose in suitable locations. Energy from waste The National Energy from Waste Policy 2010 – 2030 actively promotes the development of initiatives to generate energy from waste materials. Bagasse (waste from the sugar cane industry) presently constitutes over 30% of the country’s renewable energy sources. The local planning authority should encourage the incorporation of energy-from-waste capacities into the design of developments which may include incineration of municipal solid waste, capture of landfill gas, production of bio-diesel, production of biogas using animal waste and wastewater sludge. This approach will not only reduce the volume of waste that must be disposed of, but will also generate clean energy. POLICY SP WT31 The planning authority will encourage the development of energy from waste facilities in suitable locations and where feasible will ensure that provision is made for this in new development proposals. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 289 FIFTH SCHEDULE, contd. POLICY SP WT32 Energy from waste facilities shall be designed and constructed to the required standards as set out by the relevant regulatory authorities and to the satisfaction of the planning authority. TELECOMMUNICATIONS The growth in communication technology has given rise to the erection of cellular base stations, laying of cable, and other telecommunication apparatus and devices such as antennae and satellite dishes for both domestic and commercial use across the Kingston and St Andrew Development Order Area. Telecommunication devices for commercial purposes are larger and more prominent than those for domestic purposes which have gotten smaller. The siting and design of these facilities should at all times be such that they do not have a severe impact on the character and visual amenity of the environment. POLICY SP TELE1 Base stations and transmission masts or towers will be approved in areas where they do not impact negatively on the environment and in which the land to be developed meets the necessary guidelines for the structures proposed as set out in Appendix 14. POLICY SP TELE2 Where possible the proposed development should be designed so that it blends into the environment and minimizes the visual impact. Different solutions, types of material and colours should be utilized where possible. New apparatus within urban areas should be sited on existing structures where possible. POLICY SP TELE3 Telecommunications networks should be sited so as to minimize the disturbance to the environment and loss of amenities. Telecommunications and particularly mobile phones have become an indispensable feature of modern living. However, there has been much concern about the radio frequency transmitted from cellular towers on the health of residents in their vicinity. Since most studies on the effects of exposure to radio frequency (RF) from mobile phones or their base stations have remained inconclusive, a precautionary approach will therefore be adopted in the location of these telecommunication devices. POLICY SP TELE4 Pre-application consultation and discussion will be undertaken between the planning authority and the operator, schools, communities, interested parties and any other relevant body before planning permission is granted. 290 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. POLICY SP TELE5 The relevant authorities will seek to ensure that the beam of greatest radio frequency intensity from a base station sited within or near retirement homes, educational and health facilities does not fall on any part of the grounds or buildings of the institution. POLICY SP TELE6 Operators shall submit statements indicating compliance with World Health Organization guidelines for non ionizing radiation protection with each application before it will be considered by the planning authority. The construction of new developments can adversely affect the telecommunication services of others in the neighbourhood and the rights of adjacent landowners. The level of effect of the proposal on them will be assessed to ensure that they are protected. POLICY SP TELE7 In considering applications the Planning Authority will take into consideration the development rights of the subject land and that of the adjoining premises. The remains of obsolete equipment can destroy the amenities of an area and threaten the health and welfare of those living in the communities of which they are a part. Such equipment should safely be disposed of by the network operators in accordance with any standards or guidelines provided by the relevant agencies/ authorities, and appropriate measures taken to reinstate the land to its original state or as near there to as possible. POLICY SP TELE8 Operators of telecommunication systems shall safely dispose of obsolete equipment and restore the land to a use satisfactory to the planning authority. An increase in the number of participants in the telecommunications industry has given rise to a proliferation of antennae not only in urban areas but more so in the rural areas. This equipment is tall and prominent and is always located where they are a visible feature of the landscape. This has threatened the visual quality of some areas, reinforcing the need for their control. Where satellite dishes, microwave antenna, radio masts and other telecommunications apparatus have to be installed, they will be considered on their own merits taking into consideration their impact on the character of the area. The possibility of sharing facilities will also have to be explored so that the number of structures in an area may be reduced. POLICY SP TELE9 The planning authority will facilitate the installation of telecommunication apparatus in new residential, resort and commercial development where this is feasible. POLICY SP TELE10 The planning authority will ensure that the erection or laying of telecommunications equipment will not result in unnecessary proliferation of or have any adverse MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 291 FIFTH SCHEDULE, contd. effects on the character of a locality or the appearance of a property. POLICY SP TELE11 In considering applications for the erection of masts the planning authority will need to be satisfied that the siting and external appearance of it and its apparatus will take into account existing and proposed landscaping, the impact on amenity and the impact due to noise and disturbance. POLICY SP TELE12 In considering planning applications from licensed operators, consideration will be given to the possibility of sharing existing masts, replacing one with another for joint use or erecting one suitable for joint use and that proposals will not affect the skyline or other areas of importance. Business premises, especially betting shops and cable facilities, normally have the need for satellite receiving antennae and these are usually installed in locations where they are incongruous. They should be screened from public view, through design, artwork and/or landscaping to minimize the visual impact so that they do not impinge on the amenities of any residents adjacent or in close proximity to the site. POLICY SP TELE13 The erection of antennae on business premises will normally be permitted where the proposal is such that it is not visible from public areas or from the habitable room window of a dwelling which overlooks the site. POLICY SP TELE14 Proposals for the erection of commercial antennae within the curtilage of industrial or commercial premises will be considered taking into account the scale of the equipment in relation to its surroundings and the existence of similar equipment in the vicinity of the site. Under normal circumstances the size should not exceed 1.8m in diametre. Antennae in residential development or other domestic use have very little environmental effect and are mostly confined to satellite antenna. Normally a satellite dish of up to 70cm in diametre is permitted development and will not require planning permission. Those above this size will need planning permission and special attention will be paid to their location. Ground mounted antennae will be less obtrusive than wall or roof mounted and will be allowed where it can be screened from public view. POLICY SP TELE15 Where planning permission is required for the erection of an antenna on any residential dwelling, the application will be considered in terms of: (a) any existing antenna on the building; 292 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. (b) the size which should not be greater than 1.8m in diametre; (c) the visual effect on occupiers of adjacent land. POLICY SP TELE16 Satellite dishes should, wherever possible, be located at the rear of a building or premises or on lower roofs and should be as unobtrusive as possible from the public view. Although telecommunications devices are not compatible with historic or other heritage buildings or even townscapes due to their nature, permission may be granted if they have minimal effect on their surroundings. The visual amenities of buildings, open areas and street scenes will be protected. POLICY SP TELE17 Telecommunication devices will not be allowed on sites of historic, architectural or archaeological significance (Appendix 3) or on buildings within conservation areas and consideration will be given to siting these on adjoining buildings or where they will least jeopardize the character and appearance of the site or heritage building. It is indisputable that telecommunications have contributed to modern living. The dependency on this means of communication will continue and designers and architects should make provision for its future needs. In designing new developments telecommunication requirements, including the laying of cables should be considered to prevent installation at a later stage which may not be supported. POLICY SP TELE18 Telecommunication requirements should be considered at an early stage in new developments as the installation of visually intrusive equipment at a later date may not be permitted. In dense developments it is customary for each block of units to have its own dish and other communication antennae. These create a visual impact as they become prominent skyline features from street level or other sensitive viewpoints. To avoid this, the shared use of these facilities will be encouraged. POLICY SP TELE19 In complexes such as terrace and town house development consideration will be given to the sharing of one antennae and, or satellite dish between several units. POLICY SP TELE20 Where there are several separate users in one building such as apartment and office building only one antennae will be permitted for the whole building unless the others can be screened from public view. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 293 FIFTH SCHEDULE, contd. As the technology in telecommunications equipment advances, transmittal and reception equipment have become smaller and more powerful. In buildings where this equipment is to be installed, requirements should also be considered at an early stage to prevent non-conforming additions later on. POLICY SP TELE21 Where possible the planning authority will require that the smallest size dish should be used on the exterior of buildings and the colour should blend with its background and surroundings. NATURAL HAZARD VULNERABILITY AND CLIMATE CHANGE Jamaica by virtue of its location topography and geology is prone to several natural hazards such as hurricanes, floods, drought, earthquakes, landslides and tsunamis. These hazards, when combined with situations of high vulnerability, often result in disasters of varying severity which affect both human and natural systems. Factors which increase vulnerability to natural hazards include unsustainable land use practices such as hillside farming and construction which contribute to deforestation and slope instability. Development along river banks and within flood plain areas also contribute to natural hazards. It is the intention of the Order to ensure sustainable development which is cognizant of natural hazards and which is resilient to climate change. POLICY SP NH1 The planning authority will ensure that development proposals incorporate available information on multi hazard vulnerability in the siting, design and layout of development. POLICY SP NH2 The planning authority will seek to ensure that the cumulative effect of development on a site is assessed when considering the proposals for the area. Over the past decade focus has been placed on mapping of multi hazards in order to assist land use decision making. The ODPEM has improved and expanded their data collection and Geographical Information System (GIS). The technology has been utilized in the disaster management process particularly in advising on optimal land use, by identifying the areas of most vulnerability, also in mitigation activities and damage assessment. Through the spatial representation of critical facilities and the overlapping of various elements of the database, the decision support system for preparedness and response has been significantly enhanced along with improved analysis of hazards at specific locations. POLICY SP NH3 The planning authority will ensure that multi-hazard vulnerability mapping undertaken for the entire Order Area is kept current so as to assist in the consideration of development proposals. 294 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. POLICY SP NH4 The planning authority may, in consultation with the relevant authorities, limit or prohibit development in areas of high vulnerability as may be identified from time to time. POLICY SP NH5 The planning authority will seek to ensure that evacuation routes and City wide assembly points are identified in suitable locations to the satisfaction of the relevant authorities. Jamaica and by extension, the Order Area, is at an increased risk of hurricane impacts and the consequent physical and economic ramifications. Consideration must be given to the level of urban redevelopment upstream and the potential impact of increased run-off volumes into these channels which will ultimately lead to increased incidences of flooding which may negatively impact life and property. The present issue of surface flooding during rain events is attributable to several reasons including insufficient capacity of drainage infrastructure, informal settlement and encroachment on gully reserves and river banks resulting in the undermining and depositing of solid waste into channels which reduce the capacity of already insufficient drainage channels. Where storm water run-off volumes are too high, localized flooding may result from storm water overflowing the banks of these drainage systems. POLICY SP NH6 The planning authority will seek to encourage the development of or improvements to the drainage infrastructure within the Order Area. POLICY SP NH7 The planning authority will seek to ensure that natural and man-made drainage channels are kept free of debris and may prohibit development which impacts the efficiency of the drainage system The unconsolidated nature of the geological makeup of the Order Area particularly in the steep and unstable slopes in areas such as Jacks Hill, Skyline Drive and Mavis Bank, pose a limiting factor to even low density development. In the Downtown Kingston and Port Royal areas, the saturated unconsolidated substrate is also more susceptible to liquefaction, which was the cause of the slipping of a large portion of Port Royal into the sea during the infamous 1692 earthquake. However, the Building Code has undergone revisions that have moved towards designing for more intense earthquakes and now sufficiently address the magnitude of events predicted for Kingston. POLICY SP NH8 The planning authority will seek to ensure that development proposals adhere to applicable designs and Building Codes to mitigate the effects of multi-hazards. Climate change is often referred to as the most important environmental issue facing the planet today. The potential impacts are significant and far reaching. The driver of climate change, the global warming phenomenon, is a result of increasing MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 295 FIFTH SCHEDULE, contd. concentration of ‘greenhouse gasses’ that have high heat retention properties. Some of the effects of climate change are increasing air temperatures, rising sea levels and changes to weather patterns. These are serious issues for Small Island Developing States (SIDS) in particular due to the fact that the coastal zone of the Order Area is of great importance to the economy and social fabric. Climate change adaptation must therefore be an important factor which considering the siting and type of development in the Order Area POLICY SP NH9 The planning authority will seek to ensure that climate change adaptation is considered in the assessment of all types of development including the provision of infrastructure. GENERAL DEVELOPMENT POLICIES The General Development Policies are intended to supplement the Sectoral Policies, thus can be applied to all areas and will be relevant in considering applications throughout the Development Order Area. In dealing with development applications, the planning authority will ensure that proper sanitary conditions and conveniences are secured, there is the co-ordination of roads, infrastructure and public services, the protection and extension of amenities in urban and rural areas and the conservation of the resources of the Order Area. Aspects of development which embody the principles of smart growth such as promoting compatible mixed uses and infill development, supporting well-designed compact neighbourhoods with various housing options, and which protect and enhance open spaces will also be promoted. The Land Use Proposal Maps will identify the areas for each of these activities where necessary. POLICY GD1 The planning authority will not give approvals for: (a) Major residential development (developments over 50 units) outside of built up areas or growth centres except where it is needed to satisfy a local demand. (b) Development where adequate provisions have not been made for infrastructure and utility services (c) Development which will sterilize or destroy the use of an important resource. (d) Development which by virtue of smell, fumes, noise or dust would be a nuisance to existing and proposed development in the area in which they are to be located. 296 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY GD2 Development will normally be approved in areas that provide a healthy environment and in which the land to be developed meets the necessary guidelines for the erection of the buildings and structures proposed. The protection and enhancement of the quality of the environment is an important consideration in dealing with applications. Development in the Order Area should be of a scale and character which is not detrimental to the environment and character of the locality. POLICY GD3 The planning authority will take into consideration all relevant aspects of environmental impact when assessing land use and development proposals. The flora of the Kingston and St. Andrew landscape contributes to the vista of the Development Order Area. Such flora will be maintained for its general amenity, ecological and economic value. The planning authority will discourage development which requires the permanent removal of trees. In commercial or other similar developments where it may not be possible to retain trees their replacement will be required in the form of new landscaping with varieties adaptable to the environment and acceptable to the planning authority. POLICY GD4 Planning permission will normally be refused for development likely to result in damage to or the loss of trees which make a significant contribution to character and appearance of an area except in extra ordinary circumstances in which case the site would have to be landscaped to the satisfaction of the planning authority. POLICY GD5 A Landscape plan should accompany each development application. When a development proposes to retain or plant trees worthy of long term protection or where it is desirable to confirm publicly the amenity value of trees or woodlands including trees under threat these will be protected by Tree Preservation Orders. The local planning authority may also, if it sees it fit to do so, identify areas to be protected by Tree Preservation Orders. POLICY GD6 The local planning authority will be advised and assisted to make Tree Preservation Orders to protect trees which are of public amenity, historical or cultural value. In order to preserve the visual and recreational amenities of the urban fence within the Order Area, some areas will be zoned to preserve amenity and open space. It is the intention of the planning authority that open spaces and recreational facilities are provided within a convenient distance of all places of residence. Private or public open spaces and public recreational areas will be protected from misuse and vandalism and only uses consistent with their preservation will be considered in these areas. This FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 297 includes development of recreational buildings, buildings for cultural use and car parking facilities. Buildings ancillary to recreational use such as craft shops and concessionaires may be permitted at the discretion of the planning authority. In order to improve the quality of leisure activities for residents in the Order Area, the planning authority will seek to develop a rationalized and equitable system of parks and open spaces to serve the Order Area. POLICY GD7 Existing recreational open spaces will be protected and enhanced in all developments and only facilities necessary for their adequate functioning and the preservation of the amenity and character of the area will be allowed. POLICY GD8 Existing playing fields and recreational open spaces within residential areas will be protected and the creation of new areas for active and passive recreation will be promoted wherever possible. POLICY GD9 The provision for facilities for a wide range of sports, arts and other recreational activities will be encouraged in appropriate locations throughout the Order Area to meet the needs of all residents. POLICY GD10 Temporary structures will normally be allowed on public open spaces, where the planning authority is satisfied that those structures are essential to the everyday operation of the facility. As a general rule, non-conforming uses throughout the Order Area should cease to exist and the land affected reverted to a use in conformity with that intended for the area. The owners of such property will be required to relocate to a new area where the use is compatible and where it is possible to operate under improved conditions. In the interim extensions will not be allowed for the activity in its existing location. POLICY GD11 Where a non-conforming use exist permission will not be given for the extension or enlargement of the development or for the retention of such buildings. There are many activities which are important to residents of the Development Order Area which at the same time can be an irritant and have detrimental effects on the environment. These uses are known as “bad neighbour” uses or backyard industries. They include, but are not limited to the dismantling, repairing and spraying of motor vehicles, and the storing and processing of minerals, scrap metal and building materials. These activities usually entail high levels of outdoor activities and should be accommodated in areas where their operation does not detract from the amenity of the area. The planning authority will encourage the concentration in acceptable locations which will be screened and landscaped to minimize their impact. FIFTH SCHEDULE, contd. 298 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY GD12 Uses that may be classified as being a “bad” neighbour use will be confined to the area(s) designated for their specific use as identified in this Order, unless otherwise approved by the planning authority. POLICY GD13 New proposals that may be classified as bad neighbour use developments or the extension or intensification of existing bad neighbour uses will not be permitted unless in an area permitted for such use. POLICY GD14 Planning permission will not be given for the establishment of any use which has been demonstrated to be or likely to be detrimental to the character of a conservation or historical area. POLICY GD15 The planning authority will seek to ensure the relocation of all bad neighbour uses to areas zoned for such uses. There are sites within the Development Order Area which, because of poor drainage, become flooded during heavy rainfall. These areas are not suited for development unless they can be properly drained. In some instances the situation is such that no development should take place on these lands. Careful assessment will be made of applications in these areas to ensure that the development will not be flooded nor will they increase the risk of flooding offsite due to run off. POLICY GD16 There will be a general presumption against new development or the intensification of existing ones in areas which are at risk from flooding unless the necessary acceptable mitigating measures can be taken. POLICY GD17 Caves, sinkholes and grottos should be left clear to assist in the natural disposal of surface water and should not be used as waste disposal facilities. Coastal flooding may be caused by high tides, storm surge, or a combination of these. Coastal processes are natural phenomena which play an important role in shaping the coastal environment and cannot entirely be prevented. These events may also increase the erosion of natural defences such as sand dunes and shingle ridges, potentially exposing the areas behind them to a greater risk of flooding. With the present threats posed by climate change and the specific vulnerabilities to sea level rise faced by Small Island States, it is important that precautionary measures are implemented. POLICY GD18 The planning authority will ensure that flood risk and sea level rise are taken into account in the location of new coastal development and that appropriate measures are taken to reduce the risk of coastal flooding. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 299 FIFTH SCHEDULE, contd. Wetlands provide essential ecological functions in coastal regions; including, but not limited to complex filtration systems, habitats, and coastal flood protection. Wetlands consist of herbaceous marshlands, mangrove forests, swamp forests, other lowland forests, and waterways. The largest centralized area of mangroves within the Order Area is located in the area along the Palisadoes tombolo. This area starts generally at by Gunboat Beach and includes those lands adjacent to the Royal Jamaica Yacht Club, the Caribbean Maritime Institute, and the Norman Manley International Airport. Mangroves also fringe the roadway along the Palisadoes tombolo to the town of Port Royal. Jamaica is signatory to the RAMSAR convention with the fundamental objective of maintenance of the ecological character of the wetlands, through the implementation of ecosystem approaches that will support the sustainable of wetlands and their resources. It is therefore essential that development or extensions within or adjacent to this and other wetland/mangrove areas be stringently regulated. POLICY GD19 Development will not normally be allowed in areas which would adversely affect the integrity and existence of mangroves or other wetland areas. POLICY GD20 Planning permission may be refused if adequate environmental assessment is not provided, or if the planning authority deems the proposal unacceptable due to environmental impact. In certain cases an environmental impact assessment or statement may be required. Care will be taken to protect wetland ecosystems for their environmental value and ecosystem function. Developments will be assessed for their impact on these ecosystems and will not be supported if detrimental to the area. Large scale removal of mangroves will not be allowed especially along the coast and where in exceptional circumstances this occurs, it may be required to replant an equal or larger amount to prevent any net loss. POLICY GD21 Where any removal or destruction of mangroves is contemplated, an equal or larger amount may be required to be planted by the developer or owner to prevent net loss. Some recreational activities such as golfing may require a considerable amount of land and as such, care should be taken to ensure that sites selected for these purposes will not have a negative effect on the environment or sterilize good agricultural land (Class I, II and III). POLICY GD22 Recreational development which requires extensive land areas will only be allowed in locations where the environmental impact will be low, where they are sited on non-agricultural land and where infrastructure in the vicinity is adequate. 300 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. THE DESIGN OF NEW DEVELOPMENTS Normally the design of new developments should be of a high standard and should be in sympathy with the nature and character of the area in which they are to be located. The provision and siting of community facilities, the layout of building areas, including density, spacing, grouping and orientation will be considered in the granting of planning permission. The size, height, colour and finishing materials of buildings or other structures, the objects which may be affixed to structures, the layout and site coverage of buildings and the use to which buildings or land are to be put will be subject to control to ensure proper standards of design and amenity. POLICY GD23 New developments will only be approved where the necessary infrastructure and amenities are available and where they conform to the requirements and guidelines set out in the Schedules and Appendices. POLICY GD24 Planning permission will not be granted for any development which would have a significant adverse effect upon the amenity and privacy of adjoining properties. POLICY GD25 All single family detached dwellings shall be setback a minimum of 1.5 metres per floor, or a distance which may be set by the planning authority from time to time, from property boundaries and adjoining buildings. There are certain establishments which are required to provide sanitary facilities for their patrons. Such requirements will be in addition to that provided for employees. The facilities should be maintained in a clean condition and accessible by the public during business hours. The design should accommodate vulnerable groups and should be in accordance with those contained in the Development and Investment Manual, Volume 1, Section 1—Chapter 30. POLICY GD26 All new shopping centres, hotels and other business places used by the general public should have public sanitary conveniences for both able and disabled groups in accordance with the standards set out in the Development and Investment Manual, Volume, Section 1—Chapter 30. Parking is an integral part of any transport system. The National Transport Policy 2007 acknowledges that both on and off street parking requires particular attention if efficient traffic management is to be achieved. The requirements, standards and design criteria set out in Appendix 9 of this Order are to ensure that adequate parking is provided for each development. With the influx of motor vehicles, the provision of MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 301 FIFTH SCHEDULE, contd. parking has become a critical factor in the Order Area. Parking spaces should be located within the curtilage of the development, or at a location in proximity of the development to the satisfaction of the local planning authority and arranged in such a manner that it will not be injurious to the amenities of adjoining premises. They should also be adequately landscaped, especially in commercial areas, and the bays should be practically shaped, allowing for the manoeuvring of vehicles. All new developments to which the public will have access should also take the needs of disabled groups into consideration in their parking layout and design. POLICY GD27 The provision of car parking spaces will be in accordance with the requirements indicated in Appendices 7 and 9 of this Order. The standards for parking bays shall be provided in accordance with guidelines contained in Figures 2, 3 and 4 of this Order. Development will not be approved that is not in conformity except as specifically approved by the planning authority. POLICY GD28 All buildings used by the public will normally be required to provide safe and satisfactory parking facilities with areas clearly identified for the disabled as set out in appendices. It is important that land use planning, transportation and urban design are coordinated so that development in economic nodes and residential areas are well served by multi modal transit options. It is the intention of this Order to facilitate the development of an integrated transportation system that supports urban growth and rural development by improving land use and transit network connectivity. Traffic generation and its impact upon the road network must also be taken into account when consideration is being given to new development proposals. In all instances, attention will be given to safety and environmental considerations. POLICY GD29 All new development will be required to be located and designed in relation to the existing road network, and provide satisfactory vehicular ingress, egress, crossover and where appropriate, circulation within the site. Where necessary, the planning authority may request a landscape plan including but not limited to details of existing and proposed flora, fauna, landforms and features (including location on the land, height, girth, and species) and wildlife habitats. It is important that features to be retained are protected during the construction period and the planning authority will take appropriate steps in this regard. The felling or limbing of trees especially along main roads will be controlled. Species to be used in ornamental planting shall not include invasive alien species but should include plants native to the area. POLICY GD30 Landscaping plans will be required to be submitted with development proposals. 302 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. POLICY GD31 New developments shall be constructed in conformity with the approved landscape plan. POLICY GD32 Felling or limbing of trees adjacent to main roads by any person or agency should not be undertaken except with the permission of the local planning authority. Storm water runoff from building sites onto roadways can cause interruption of the free movement of pedestrian and motor vehicles. Owners of properties should ensure that surface water is intercepted and disposed of before it reaches the roadway. Techniques using permeable material in parking areas have been developed that effectively reduce storm water runoff from developments and improve aquifer recharge; the use of these techniques will generally be supported throughout the Order Area. POLICY GD33 Storm water runoff from roofs and properties shall be disposed of within developments or under the sidewalk. Permission will not be given for such storm water runoff to be disposed of unto the surface of the sidewalk or roadway. POLICY GD34 Parking lot and driveway construction solutions which allow for infiltration will generally be a requirement. One of the issues with site development is the amount of dust created during the construction period. This can be a nuisance to people living and working in the area as well as motorists and others who have to traverse roadways adjoining or near to such sites. Abatement measures should be undertaken to ensure that the levels are tolerable at all times. POLICY GD35 During the construction stage of a development the planning authority will seek to ensure that all possible source of fugitive dust generation be wetted to avoid the dispersion of dust to surrounding areas. Trucks transporting construction materials are to be covered. In some areas it may be appropriate to have a mix of development. As long as the uses are compatible the planning authority will give consideration to such proposals. POLICY GD36 Mixed use developments where residential is coupled with another use such as institutional, commercial, or office, may be allowed in area zoned for such uses. The total amount of development shall not exceed that permitted for the zoned development. POLICY GD37 The planning authority will give due consideration to proposals for the change of use from residential to compatible use classes in appropriate locations. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 303 FIFTH SCHEDULE, contd. Hotels and guest houses can normally be accommodated in residential areas without detriment to the residential amenity, provided that their scale, appearance and traffic generation are consistent with the character of the area. POLICY GD38 Permission will normally be given for hotels and other serviced accommodation, located within the urban area provided they are consistent with other policies of this Order. POLICY GD39 The conversion of tourist accommodation to other uses will not normally be permitted where it will reduce the number of rooms available for the industry. Although the subdivision of land is mostly dealt with under the Local Improvements Act the Second Schedule of the Town and Country Planning Act list it as one of the activities to be dealt with by Development Orders. Subdivision is defined in the citation and general description in the Order and lands can be subdivided for a variety of purposes including Residential, Commercial, Office and Industrial purposes. The type of subdivision will depend to a large extent on the land use zoning and the use to which it is to be put. The subdivision of land is development and is required in most situations where building activities, the land is to be leased, are taking place and a title will be needed. The layout of such subdivision should be in accordance with Appendix 12 and 13. POLICY GD40 Where any land within this Order Area is to be subdivided into allotments for the purpose of sale or building purposes a scheme plan showing the proposed subdivision is to be prepared and submitted to the Local Planning Authority for approval. In subdividing land a variety of street designs such as grid, modified grid, curve linear, cul-de-sacs, loops and P-loops and a variety of housing types and design along with the necessary open space will be encouraged. All proposals should take the physical characteristics of the site, including trees and clusters of trees, and other forms of vegetation and structures and sites of architectural, historical or archaeological interest respectively into consideration. Consideration should also be given to the nature and character of adjoining development and the type of services which will be supplied by the developer. POLICY GD41 In considering subdivision applications the planning authority will pay special attention to the design of the roads network and will ensure the coordination of the sub division of contiguous properties through the continuation of roads into lands which have not yet been subdivided in order to integrate utility and public services and other activities. 304 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. POLICY GD42 In considering development proposals, the planning authority will give due consideration to the standards of amenity already established in the area and any departure to provisions which are lower will be permitted only on the merits of case. POLICY GD43 The land required to be set aside to meet community needs in residential subdivisions should not be pieces left as unsuitable for housing development but land of appropriate dimensions, shape, slope and location in accordance with the requirements set out in Appendix 10 of this Order. POLICY GD44 In reserving land for open space in subdivisions, the planning authority will give consideration to the provision of larger parcels on which playfields can be located rather than several small ones which can only be used for passive recreational purposes. A mixture of both may be acceptable, depending on the circumstances. The planning authority will seek to ensure that land is not merely subdivided for sale of lots only, but that build out occurs in a timely manner and communities are formed. In dealing with very large subdivisions (over 200 lots) regard will be given to the pace of development and the number of undeveloped lots in the general area and their rate of absorption. Care will be taken to ensure that the unique qualities of the rural environment are protected and that they are not unduly affected by urban development pressure. POLICY GD45 Subdivision applications will be assessed on the need for lots in an area and may be phased or seeded. POLICY GD46 In considering subdivision applications the planning authority will ensure the co-ordination of the subdivision of contiguous properties in order to integrate existing and future infrastructure and transport connectivity. POLICY GD47 Large scale urban style subdivisions in the rural areas will not be considered unless the developer can satisfy the planning authority that such development is not premature in terms of local demand and that all required utility services can be provided without making demands on the relevant government agency. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 305 POLICY GD 48 Where approval is given for a large scale development in rural areas the developer will be required to build or cause to be built within the proposed development site a specified number of dwelling units (expressed as a ratio of dwelling units to lots) within a specified time period and at a ratio to be determined by the planning authority. POLICY GD 49 Plot coverage and other requirements for developments should be in accordance with the requirements in Figure 1 of this Order and the density zoning for the area. The subdivision and development of land can cause irreparable damage to the environment and in some instances it will take several years before the damage can be reversed or remedied. An assessment of the effect on the environment should be undertaken before subdivision is undertaken. POLICY GD 50 Development which is likely to have significant effect on the environment by virtue of its nature, size and location may require an Environmental Impact Assessment. As industry and commerce grows, population growth is expected in urban and district centres. The new settlement pattern should be based upon development or redevelopment of these communities, rather than the opening up of new areas, and should be established in accordance with the guidelines and policies indicated in this Order. POLICY GD 51 The planning authority will support infill and redevelopment of commercial, residential and mixed use development and will ensure that all relevant planning standards are adhered to. POLICY GD 52 The subdivision of land will be guided by the relevant Housing Policies and the other guidelines and requirements in Appendix 12 and 13 of this Order. In selecting sites for new settlements or redevelopment care should be taken to ensure that they are located in areas which will provide a healthy living environment. They should not adjoin existing or potential sources of nuisance and site conditions should be suitable for the erection of the type and scale of buildings contemplated. It is also expected that the basic required amenities such as schools and other community facilities will be provided at the outset so that they are available for the use of the residents when needed. Steps should be taken to ensure that these FIFITH SCHEDULE, contd. 306 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 fit into government’s overall plans for the area and that designs meet with the approval of the relevant authorities. Developers should also ensure that adequate arrangements are made with the utility agencies for the services that are provided by them. POLICY GD 53 In dealing with applications for new settlements the planning authority will only give consideration to those that are located in areas which will provide a healthy living environment. POLICY GD 54 All proposals for new settlements should include the necessary social amenities, physical infrastructure and facilities needed for the residents upon occupancy. The Order Area straddles two watershed management units, The Hope River Watershed drained by the Hope River and its tributaries which is tapped by the Mona Reservoir (capacity 800 million gallons), and the Wag Water River watershed, drained by the Wag Water river and its tributaries, which supplies the Hermitage Dam (390 million gallons). Raw water is abstracted from the Yallahs and Negro Rivers that are located in the neighboring parish of St. Thomas to supplement the supply of water to the Order Area; however the Mona Reservoir and the Hermitage Dam supply the majority of the Order Area with potable water. These water sources are being threatened by pollution and increase in siltation as a result of deforestation and other unsustainable practices within watershed catchment areas. Accumulation of silt in the reservoir greatly reduces their capacity and by extension, reduces the city’s water supply. It is therefore imperative that the watershed is protected from indiscriminate clearing and unsustainable practices POLICY GD 55 The planning authority will not support development within critical Watershed areas that will be detrimental to the quality and volume/flow of rivers which supply water to the Mona dam and Hermitage Reservoir. POLICY GD 56 The construction of rainwater catchment tanks will be encouraged by the planning authority for residential and other developments. Any uncontrolled development on steep hillsides is a potential hazard as it increases the area of susceptibility of slope failure, erosion and drainage problems. In an effort to protect the stability of these environmentally sensitive areas, control has to be exercised over development proposals to prevent the removal of trees and the construction of hard paving that contributes to excess runoff. The Order Area has several such sensitive areas which include inter alia; Golden Spring, Temple Hall, Rock Hall, Mavis Bank, Hope Tavern and Constitution Hill. Care will FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 307 be taken to ensure that development is not allowed in high risk locations. The density map (Figure 6) should be consulted to identify the applicable density zoning for specific areas. POLICY GD 57 In hilly areas development shall be in accordance with the Hillside Development Manual for Jamaica. In these areas, the indicated density may, in relation to the physical conditions existing in the area, be varied by the planning authority. POLICY GD 58 Where development proposals are being contemplated in potentially hazardous areas the local planning authority will require the submission of technical documents such as an engineer ’s report for consideration of the application. POLICY GD 59 Housing development will not normally be allowed on land that is steep and unstable, vulnerable to erosion, slippage, subsidence, flooding or other natural hazards or which will involve costly extra ordinary precautions to safeguard. In specific areas “Restricted Development Zones” will be demarcated on the land use proposal maps. Buildings generally have a setback from the property boundary that regulates the spacing of structures either from each other, the property boundary or other structures and uses within a development. Setbacks also allow for public utilities and emergency services to access the buildings. In residential developments, in order to provide privacy for residents and ensure that adequate lighting and ventilation can be obtained it is necessary to maintain setback from adjoining properties. The need to prevent overlooking and over shadowing of low rise development by developments consisting of multiple floors also requires that adequate setback and other measures be adopted. POLICY GD 60 Minimum setbacks from property boundaries are for residential development are: (a) Single family development (i) Sides—1.5 m per floor from property boundary (ii) 3m from the rear or 1/3 the height of the building, whichever is greater FIFITH SCHEDULE, contd. 308 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (iii) A minimum of 6m from the front to the satisfaction of the road authority (b) Multifamily development— (i) Sides—1.5m per floor from property boundary (ii) 14.9m from the rear or 2/3 the height of the building, whichever is greater (iii) to the satisfaction of the road authority POLICY GD 61 Minimum setbacks from property boundaries for Commercial development: (a) Buildings located within business centres on lots identified for commercial use may be constructed with zero lot line subject to the provision of parking and other required standards to the satisfaction of the planning authority (b) Where commercial development adjoins lots identified for or currently used for residential purposes, the structure must be setback at least 3 metres from that boundary POLICY GD 62 Minimum setbacks from property boundaries for Office development: (a) Buildings located within business centres on lots identified for office use may be constructed with zero front lot line subject to the approval of the road authority, the provision of parking and other required standards to the satisfaction of the planning authority (b) Where compatible office development is contemplated for infill development in residential areas: (i) Rear—minimum of 6 metres (ii) Side yards—at least 3metres or a minimum of 15% of the width of the lot. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 309 Art in the Environment Artwork in public areas can raise the interest and quality of the area and along with good design fosters a sense of place and local identity. Features such as murals, tiling and paved design close to or within key development sites can enhance their character. Not only the city centre should be considered for this treatment but housing developments and specifically identified areas in new and old neighbourhoods. Individuals or groups interested in such activity should work with the local authority to ensure proper maintenance of the art work and the area. POLICY GD 63 The provision of public works of art or other decorative features that will enhance the identity and interest of public areas or refurbishment schemes will be supported. Repair Garages will be encouraged in areas where the land use is identified for industrial purposes and at existing petrol stations and other locations along the guidelines indicated in Appendix 17. They should also conform to the following policy and the guidelines provided in the Development and Investment Manual— Volume 1 Section 1—Planning and Development—Chapter 19 which will be used in the assessment process. POLICY GD 64 Repair garages should be compatible to adjacent and surrounding uses for the protection of the health, safety and the general welfare of the residents of the area in which they may be located and the workers. COASTAL DEVELOPMENT The limit of the coastal zone of the Order Area varies in different sections; depending on the physical characteristics that exist but in all instances its boundary is the mean low water mark in the seaward direction and the edge of development or roadway in the landward side. It is the role of the planning system to reconcile development requirements which will protect, conserve and where appropriate protect the environmental quality and recreational opportunities of the coastal area. In much of Kingston and St. Andrew the coast is developed however there are some places where the coast is undeveloped which is mainly in the Palisadoes-Port Royal Protected area. The coast is a complex environment where many of the interactions between natural processes and human activities are not always well understood and where potential damage to the environment is both uncertain and significant, hence a precautionary approach is required in dealing with developments in the area. POLICY CD 1 Development proposals for the undeveloped coast will generally be considered acceptable where it can be demonstrated that no other suitable site exists elsewhere FIFITH SCHEDULE, contd. 310 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 along the developed coast and the social and economic benefits of the proposal outweigh the potential detrimental impact on the undeveloped coastal environment. The Port of Kingston holds a strategic location at the crossroads of world trade routes east-west through the Panama Canal and north-south from South America to North America. This location has made it a very convenient stop for international trading ships. With the construction of Newport West and Gordon Cay, Kingston Harbour has become one of the largest trans-shipment ports in the Caribbean with ninety percent of its operations related to trans-shipment services, which are provided to international carriers operating in the region. It is expected that future expansion may be required. POLICY CD 2 The planning authority will support and facilitate development proposals to improve the existing port facilities as the need arises. There are certain industries which by their nature will require a coastal location. These include ports/marinas, coastal exporting marine farms, and some energy schemes. Large development proposals are likely to present the greatest threat to the natural, cultural or scenic environment but the cumulative effect of smaller developments can be just as damaging. In considering applications for the location of any of these activities the planning authority will ensure that they do not conflict with existing uses or diminish the sites potential. Applications for major developments on the coast are likely to require an environmental impact assessment. POLICY CD 3 There will be a general presumption against new industrial development along the undeveloped coast: 1. Unless it can be demonstrated, that no other suitable site exists elsewhere along the developed coast or within existing settlements for such developments. 2. Unless it can be demonstrated, that the social and economic benefits of the proposed development outweigh the potential detrimental impact on the undeveloped coastal environment. POLICY CD 4 The planning authority will normally consider development proposals for the establishment of coastal dependent industries which will not impact adversely on the coastal environment. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 311 POLICY CD 5 The planning authority will take into consideration, the cumulative impact of industrial development when assessing proposals for development along the undeveloped coast. In addition to the trans-shipment port, Kingston Harbour possesses modern dry bulk terminals for handling gypsum, limestone, cement and grain cargoes. There are timber wharves and specialist facilities to handle bulk petroleum products of oil refineries. Of the industries along the eastern shoreline from Rockfort to the Texaco Pier, only Caribbean Cement Company has indicated an intention to expand. POLICY CD 6 The planning authority will support the expansion of the cement plant and encourage that such expansion be an adjunct to retrofitting to achieve zero emissions. POLICY CD 7 The planning authority will ensure that other industrial uses in this zone are restricted to the existing zoned areas and further improvements to sites and processes will be encouraged. Kingston’s undeveloped coast is very scenic, offering, ocean, city and landscape vistas, and of great significance to the general attraction of the Development Order Area. Development proposals will be assessed for their impact on the undeveloped coast and refused if considered to be detrimental to the character of the area in which they are to be located. Any new uses permitted in a scenic area should be designed and located to minimize visual impact and blend with the natural environment. POLICY CD 8 Development will not be permitted if it materially detracts from the scenic quality or scientific value of the undeveloped coast. POLICY CD 9 Recreational development may be permitted in locations where such a facility would serve the public or will preserve an area of natural beauty and where such proposal would not be detrimental to the environmental quality of the surrounding areas. Extensive areas along the eastern shoreline in the vicinity of Bournemouth Gardens are vacant and offer opportunities, as the harbour’s environmental quality improves, for new and intensified development. It will be important to maintain open visual access to the water and physical access to the many once heavily used beaches in this zone (Bournemouth, Sirgany, Barneds and others). Design and layout should therefore be of a high standard to ensure maximum efficiency of land use while preserving visual and physical access. FIFITH SCHEDULE, contd. 312 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY CD 10 Development along the undeveloped coast will only be considered acceptable if such proposals would not be detrimental to the environmental quality of the surrounding areas, and if it is in close proximity to adequate services required for the development. POLICY CD 11 The planning authority will not grant permission for any development on land adjacent to the line of high water mark which would preclude general public access to and along the foreshore. POLICY CD 12 Buildings and structures shall be located in such a way that they avoid any adverse effect on the general character of the existing coastline in the area in which they are located. Regard will be paid to the visual and physical impact of coastal development, particularly on the undeveloped coast. Where development is approved, conditions will be imposed to minimize any adverse impact on the environment. The planning authority will normally resist any development that would obstruct views of the harbour from the coast road. Development proposals or improvement of vacant areas south of the existing highway will require careful review and full stakeholder participation. POLICY CD 13 Where the planning authority grant permission for development along the coast, they will ensure that the design is of a high standard and that important views of the sea are kept free from development. The coastline east of Harbour View to the border with St Thomas includes the natural estuary of the Cane River, where dense riparian vegetation somewhat limits access to the shoreline. Wherever the main road comes close to the shoreline, development, often informal, obscures views of the sea and has removed much of the coastal vegetation. Until recently, the area of Cable Hut was one of the remaining locations of (Opuntia tuna) tuna cactus. This area is exposed to storm impact from wind, high waves, flooding, sand and mudflows that descend onto the main road during heavy rains. Sections of this area (Caribbean Terrace) were severely damaged during the passing of Hurricane Ivan in 2004. POLICY CD 14 The planning authority will ensure that flood risk and storm surge susceptibility are properly taken into account in the location of new development and that measures are taken to reduce these risks. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 313 POLICY CD 15 The planning authority along with other relevant authorities will demarcate “No Build Zones” where development will be prohibited. On many occasions, joggers and walkers have been observed along the tombolo and the general harbour area, both on the road verges and on the beach and sand dunes. Proposals however, have been made arising out of the Kingston Harbour Rehabilitation Project for the development of a Green Harbour front Trail. This would include the construction of a continuous Round-The-Harbour recreational facility (boardwalk/promenade) that features clearly demarcated lanes for jogging, walking and cycling and would allow persons to exercise in a comfortable and aesthetically appealing setting as well as limit the impacts on the natural resources. POLICY CD 16 The planning authority will support the development of a seaside promenade, which would enhance the aesthetic appeal of the Palisadoes Tombolo whilst providing usable recreational areas for walking, jogging and cycling for the general public. The area of the Palisadoes tombolo from the end of Jamaica Gypsum Quarry’s perimetre wall westwards for approximately 4 Kilometres (2.45 miles) and which ends adjacent to lands comprising Gunboat Beach represents the narrowest area of the tombolo. It is underlain by loose materials (unconsolidated gravels, sands and mud) with a high potential for erosion after major earthquakes and hurricanes. The road which is the only route to the Norman Manley International Airport has been breached several times during the past years. Breaches have occurred for example during the passing of Hurricane Ivan in 2004, during high wave action in 2006, wave action from a surface trough and Hurricane Dean in August 2007 and during the passing of Hurricane Felix in September, 2007. The National Works Agency (NWA) is presently undertaking coastal protection along the foreshore of the seaward side inclusive of the reconstruction of the dune system as well as the beach. These coastal protection works extend to the Plumb Point Lighthouse and will serve to stabilize and protect this section of the tombolo up to the Lighthouse from hurricanes and other natural disasters. Permanent structures are not recommended on this section of the tombolo due to its susceptibility to storm surge and possibly, liquefaction. POLICY CD 17 The planning authority will only allow recreational and service facilities along the Palisadoes Tombolo in the area from Jamaica Gypsum Quarry’s perimetre wall westwards for approximately 4km (2.45 miles) and which ends adjacent to lands comprising Gunboat Beach. FIFITH SCHEDULE, contd. 314 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY CD 18 The planning authority will not support any form of development that would adversely affect this ecological area. The Palisadoes—Port Royal Protected Area offers a variety of landscape views. The area exhibits coastal vegetation of Beach Morning Glory (Ipomoea pes-caprae) (pioneer species), Sea Grape (Coccoloba uvifera), Seaside Mahoe (Thespesia populnea) and Button Mangrove (Conocarpus erectus). These species give this area a distinct character. Consequently great care has to be taken to ensure that development is compatible with the environment and will in no way significantly affect the vegetation. Hence, development proposals have to be designed in such a way that there will be very little alteration to significant stands of vegetation. Conservation and, where appropriate, enhancement of the natural and cultural heritage should be promoted in this area and opportunities for its enjoyment should be identified. The remains of Fort Rocky or Rocky Point Fort are also located within the Port Royal Mangroves, between Plumb Point and the vacant lands beside the Morgan’s Harbour Hotel. The Port Royal Development Company has proposed to lease the Port Royal Lagoon-Fort Rupert area and develop it for recreation (e.g. picnicking, jogging trails, canoeing, fishing and other non-motorized water sports). POLICY CD 19 Development proposals should be accompanied by a comprehensive landscape plan which shows the location of species and size of all major vegetation to be removed, retained or planted. POLICY CD 20 Only those forms of development which will not result in any significant alteration to the existing topography or any reduction in significant stands of vegetation will be permitted by the planning authority. POLICY CD 21 Development will not be allowed in vegetated areas which would adversely affect the homogeneity or integrity of these areas. Developments should be sensitive to the ecology of the area, and should be in a manner and scale which is in harmony with and/or enhances the character of the coastal environment. The Port Royal Mangrove covers approximately 1,000 hectares (2,471 acres) and serves as a habitat for numerous coastal and marine life and is essential for the maintenance of the overall biodiversity of the area. Researchers have identified a large number of species from the area, of which at least 26 are new species and FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 315 are found only in this locale. The area also provides safe-harbour for small boats during hurricanes. It extends from the Plumb Point Lighthouse to the vacant lands adjacent Morgan’s Harbour Hotel. This area exhibits coastal scrub vegetation and mangrove forests on the northern and southern shores of the tombolo. The vegetation provides coastal protection and their roots assist in stabilizing the sand. This is an area of particular beauty and interest and is to be retained in its present state. Recreational activities and scientific research which will enhance its natural attributes and will not significantly impact the health and viability of this sensitive area will be considered. POLICY CD 22 The planning authority will not support any form of development that would adversely affect the protected ecological area. Gunboat and Buccaneer Beaches were the most popular public recreational beaches within the Development Order Area in the 1960’s. Currently, they are not being utilized due to health risks from poor water quality. Consequently, they have not been licensed for commercial or recreational use. Patrons use these beaches at their own risk. The proposed 7th Harbour Development plans to incorporate lands comprising these two beaches for the construction of an entertainment centre, a marina, boat tour facility, harbour mart, restaurant, bar and grill. POLICY CD 23 The planning authority will not grant permission for any development on land adjacent to the line of high water mark which would preclude general public access to and along the foreshore. POLICY CD 24 The development of beaches will be allowed to the degree that ensures their usefulness and safety without impairing their natural endowment. POLICY CD 25 The planning authority will not normally approve the erection of any permanent structure, fences, or obstructions within 50 metres of the high water mark. POLICY CD 26 The heights of buildings in this area should reflect the ambience of the Port Royal Area, should not exceed two floors in height and should be setback from road and sea in accordance with the relevant development standards. POLICY CD 27 Development within this area should be as unobtrusive as possible and shall not exceed a density of 75 habitable rooms per hectare. FIFITH SCHEDULE, contd. 316 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY CD 28 The layout of the developments to be undertaken in the area should be such that they do not result in any significant alteration to the vegetation cover, and the views to sea and mountains. In addition to the tourism activities planned and currently taking place in coastal areas, there may be plans to construct a cruise ship pier or ferry pier on the waterfront. Such facilities should include areas for recreational use by the general public and should improve the outdoor amenity provisions of the area. POLICY CD 29 The planning authority will normally support the provision of ancillary facilities for pier development along the waterfront, provided the amenities of the area can be safeguarded and there will be no adverse impact on the environment and adjoining developments The Kingston Harbour was once described as “the most intensively used recreational facility in Jamaica”, offering “the greatest range of attractions of any single environment in the island” (Wade 1976). Among the recreational activities associated with the harbour were swimming, skiing, sailing, line fishing, snorkelling and sunbathing. Many of these recreational activities have since disappeared as a result of the continued deterioration of the water quality. With the continued endeavours to rehabilitate the Kingston Harbour and Waterfront, it is expected that water sporting activities may become popular along the coastal area or within the harbour and facilities on land may be needed to accommodate the watercraft. Kingston Harbour is home to over 100 recreational craft. A clean harbour, together with growing interest in boat ownership, will undoubtedly lead to a significant increase in pleasure and sport boating. Along with visitors’ boats, space may be needed to moor those owned locally. Location for this facility will be treated on its merit when permission is sought but should not conflict with the amenities or the environment in the proposed area. POLICY CD 30 Proposals for boat moorings, areas for boat parking on land and associated facilities will normally be permitted as long as there will be no adverse impact on the environment. POLICY CD 31 Proposals for the creation of marinas and jetties will be given favourable consideration provided they are of a scale and design appropriate to their onshore location and add to the recreational amenities for the public. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 317 The coastal area and coastal waters are to be protected against pollution by control of adjoining development and of such development inland, the effluent from which might be harmful to the marine area. Development proposals are to be examined with regard to prevention and/or control of pollution particularly in the most sensitive areas along the coast. The planning authority may from time to time declare sensitive water bodies where careful monitoring of the adjoining land uses is necessary to maintain acceptable water quality standards, especially water bodies used for recreation. POLICY CD 32 Development along the coast or along inland water ways and bodies will only be allowed by the planning authority if such proposals would not be detrimental to the environmental quality of waters and the surrounding areas. Setback provisions from water bodies ensure that development is prohibited in a protected zone adjacent to the water’s edge. The prudent use of development setbacks from the coast and from other water bodies establishes a safe distance between buildings and the active beach/riparian zone can ensure that space is provided for a beach/banks to move naturally, both during normal and abnormal weather conditions, thereby ensuring the beach/banks are conserved for all to enjoy and that coastal infrastructure remains intact. POLICY CD 33 The amount of setback from the high watermark or the edge of a stream or river, shall be a minimum of 50 metres and may, in relation to the physical conditions existing in the area, be varied for beaches by the Beach Control Authority and for streams and rivers, by the planning authority. A cleaned-up, redeveloped Kingston Harbour should provide a well-connected open space network that is safe, vibrant and accessible to the diverse range of people who will be attracted to Kingston as a place to live, work and visit. The network should offer three main types of open space: nodes, including parks, squares and plazas; linear spaces—promenades, tree-lined streets, and trails; and aquatic areas for fishing, swimming, boating, diving, sailing and sightseeing. It should provide places where everyone can find somewhere to learn a new skill or indulge a special passion and become an important element in enriching Kingston’s sense of place. POLICY CD 34 The planning authority will support the development of a connected open space network around the Kingston Harbour for the recreational use and enjoyment of the public. FIFITH SCHEDULE, contd. 318 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 DEVELOPMENT OF CAYS Pedro Cays The Pedro Cays are located on the Pedro Bank which supports a variety of marine habitats including sand, coral reefs, deep reefs and seagrass beds. The Bank is both a regionally and nationally important commercial, biological and historical area. It represents Jamaica’s main commercial and artisanal fishing ground and the harvesting area for the largest population of Queen Conch (Strombus gigas) in the Caribbean. In July 2004 the Jamaica National Heritage Trust declared Pedro Bank as a Historic Site—Priority 1 (Category—Underwater Cultural Heritage Sub-Category—Shipwreck). Bird Life International has also declared the Pedro Cays and Bank as an Important Bird Area. POLICY CD 35 The planning authority will not support development which will negatively impact the environment or historical resources of the Pedro Bank and Cays. POLICY CD 36 An assessment of environmental impacts may be required for development due to the environmental sensitivity of the Pedro Bank and Cays. The four (4) coralline islands located on the Pedro Bank South (Sandy Cay), Southwest (Bird Cay), Middle and Northeast (Top Cay) collectively called the Pedro Cays are located approximately 161km southwest of the Parish of Kingston. These Cays are considered important nesting and roosting areas for seabirds such as the Masked Booby (Sula dactylatra) and Roseate Tern (Sterna dougallii). The Pedro Cays and rock outcroppings on the Pedro Bank are considered critically important for the maintenance of Jamaica’s seabird population as it supports many of the congregatory species (site holding large concentrations of birds during one or more seasons—breeding, wintering or migratory). POLICY CD 37 The erection of structures will not be permitted on Southwest Cay (Bird Cay) or South Cay (Sandy Cay) or the associated rock outcroppings. POLICY CD 38 The use of southwest (Bird Cay) and South (Sandy Cay) shall be restricted to national security and research including but not limited to biological and/or archaeological conservation activities and data collection. POLICY CD 39 Structures supportive of the fishing industry may be constructed on Northeast (Top Cay), and shall be restricted with regards to location, permanency and scale by the relevant authorities to the satisfaction of the planning authority. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 319 POLICY CD 40 The use of Southwest Cay (Bird Cay) will be restricted at all times except for permitted research activities, which should not exceed one night. The Cays within the Order Area also serve as a nesting site for several marine turtle species, such as the Hawksbill (Eretmochelys imbricata) and Loggerhead (Caretta caretta). Development to be permitted in these areas must be of a type and scale which will not be to the detriment to this activity. Additionally, in an effort to reduce impacts of coastal lighting on the nesting and hatching of threatened and endangered sea turtles the planning authority will seek to regulate the use, type and location of coastal lighting in proximity to turtle nesting and hatching sites. POLICY CD 41 The planning authority will seek to ensure that provision for “turtle friendly” coastal lighting is included in all development in proximity to turtle nesting sites. Middle Cay is the most developed of the four Cays with approximately 80% of the Cay occupied by structures including the Jamaica Defence Force (JDF) Coast Guard station, The Nature Conservancy (TNC) field and research station, an informal waste disposal site and an informal settlement comprising numerous shacks (zinc and wood) used as ‘temporary’ homes for the cay’s transient fishermen population. This informal settlement comprises the major land use on the Cay. Due to the environmental sensitivity of the Cay and its susceptibility to storm surge, permanent habitation will not be supported. A comprehensive disaster and evacuation plan which addresses matters pertaining to both natural and man-made disasters should be prepared for the Cay along with the undertaking of a carrying capacity study. POLICY CD 42 The temporary habitation of Middle and Top Cays shall be restricted to use for fishing, research and national security. POLICY CD 43 The planning authority will support the planned development of temporary structures to serve as dormitory and to house fishing gear for fisher folk. Presently there are no acceptable methods for the disposal of solid and liquid waste on the inhabited cays (Middle and Top Cays) and rocks. Solid waste is periodically burned or buried on site while sewage is currently disposed of using pit latrines, burning or burying. The Cays lack freshwater hence the use of sea water in flush systems will affect the microbiological function of any treatment system implemented. It is therefore recommended that new Dry Excreta Systems be implemented on the Cay for the fisher folk. The Dry Excreta Systems recommended FIFITH SCHEDULE, contd. 320 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 include but are not limited to Ventilated Improved Double Pit Latrine (VIDP), Sanitary Bio-latrine and Composting toilets. However, due to Middle Cays high water table, soil composition and high susceptibility to storm surge, the type and location of sewage treatment systems must be carefully considered. POLICY CD 44 The planning authority will seek to facilitate the composting of organic material on inhabited Cays (Top and Middle Cay) for use in situ or on mainland Jamaica. POLICY CD 45 The planning authority will seek to facilitate the implementation of system for the collection of recyclable inorganic solid waste (plastic, glass, etcetera.) for transportation to mainland Jamaica for recycling or disposal at an approved solid waste management site. POLICY CD 46 The planning authority will seek to ensure that appropriate sewage disposal systems are constructed at suitable sites on inhabited Cays (Top Cay and Middle Cay). Port Royal Cays The Port Royal Cays consist of eight named cays Lime Cay, Gun Cay, Maiden Cay, Southeast Cay, South Cay, South Cay Rock, Drunkenmans Cay and Rackhams Cay. Permits and licences will be required from the (NRCA and the KSAC) before the hosting of entertainment / recreational activities on these keys. Lime Cay Lime Cay is the largest of the Port Royal Cays. The Cay and its surrounding waters are often used for a variety of uses including educational, social events, swimming, sailing, and snorkelling. This Cay can continue to perform a recreational function. Care must be taken that the Cay is not overused and it is likely that development will require an assessment of environmental impacts. The area is a nesting site for marine sea turtles and as such, specific rules and regulations must be adhered to. Signs to inform users of the areas use by marine sea turtles for nesting with the applicable rules and regulations should also be posted. POLICY CD 47 The erection of structures for habitation will not be permitted on the Port Royal Cays. POLICY CD 48 In developing Lime Cay for recreational activities consideration should be given to the erection of structures of a temporary nature only and the provision of facilities that will not negatively impact on the local environment. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 321 The coral reefs surrounding Lime Cay are one of the more frequently visited dive locations, and as such any development permitted on the Cay should be environmentally sound throughout its entire lifetime. The indiscriminate anchoring of vessels and disposal of solid and liquid waste pose threats to the marine resources. A designated mooring area for boats with entry and egress lanes already exists and should be used by boaters for safe loading and unloading of passengers. Presently, solid waste receptacles are utilized; however there are no facilities for sewage disposal. POLICY CD 49 The planning authority will seek to facilitate the implementation of system for the collection of recyclable inorganic solid waste (plastic, glass, etcetera.) for transportation to mainland Jamaica for recycling or disposal at an approved solid waste management site. POLICY CD 50 The planning authority will seek to ensure that appropriate sewage disposal systems are constructed at suitable sites. POLICY CD 51 Proposals for additional boat moorings will normally be permitted within identified mooring zones as long as there will be limited adverse impact on the natural environment. Maiden Cay Maiden Cay is the smallest of the Port Royal Cays and consists entirely of sand, mostly under tidal influence. It is used primarily for recreational uses including parties and day trips. Marine sea turtles are also known to nest on this Cay therefore before recreational activities are undertaken, confirmation of the presence of nests should be made. POLICY CD 52 The erection of permanent structures will not be allowed on Maiden Cay. POLICY CD 53 Proposals for boat moorings will normally be permitted within identified mooring zones as long as there will be limited adverse impact on the natural environment permission may not be given if the carrying capacity of the cay is exceeded. Refuge Cay Refuge Cay is located 2km (1.2 miles) from the coast. It is amongst the top 10 largest nesting colonies for the Brown Pelican (Pelecanus occidentalis) in the Caribbean, accounting for approximately 5% of the region’s population (Society for the Conservation and Study of Caribbean Birds, 2007). Other bird species observed FIFITH SCHEDULE, contd. 322 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 on the Cay include the Glossy Ibis (Plegadis falcinellus), Snowy Egret (Egretta thula), White Ibis (Eudocimus albus) [The Natural Resources Conservation Authority, 1997], Great Egret (Ardea (Egretta) alba), Little Blue Heron (Florida caerulea) and Yellow-crowned Night Heron (Nyctanassa violacea) [Alleng, 1990]. The Cay consists mainly of Red Mangroves (Rhizophora mangle) and is significantly healthy on the southern half. However, the mangroves on the northern half of the Cay have suffered from die-back. Solid waste from gullies entering into the harbour presents problems for Refuge Cay) leaving gaps within the forest canopy. The eco-tourism potential for bird watching on the Cay should be further explored. POLICY CD 54 Development of permanent structures will not be allowed on Refuge Cay. RURAL AREA POLICIES The rural area policies refer to those areas outside of the urban limits of the Order Area (Map 1). The Jamaica Settlement Strategy 1997 identified four rural areas of special interest (District Centres) within the Order Area, namely Lawrence Tavern and Golden Spring in Northern Saint Andrew and Gordon Town and Mavis Bank in North Eastern Saint Andrew. Nationally, settlements are classified to be urban once populations surpass 2000 persons and provide the basic amenities for urban living including a health centre, post office, primary and high school and police station. While the 2011 population census has not identified new rural areas of special interest, there are several rural settlements which serve primarily as retail and service nodes which serve areas such as Essex Hall, Unity, Mount James, Cavaliers, New Garden, Bowden Hill, Brandon Hill and Toms River in the North and areas such as Woodford, Constitution Hill, St Peters, Irish Town and Content Gap. Despite the hilly nature of the rural sections of the Order Area, agriculture plays an important role in the economy of these areas. It is imperative that development in these areas not only enables the development of rural nodes but also supports sustainable agricultural and environmental practices. Lands of high agricultural productivity needs long term protection to safeguard food supply not only for the development order area but national consumption and export. Areas which are significant for agricultural purposes will have priority over all other interest except areas of nature conservation interest and high landscape value. POLICY RAP 1 There will be a presumption against development which diminishes the amount of productive agricultural land within an area of special significance for agriculture or which will reduce the viability of farm buildings. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 323 POLICY RAP 2 Proposals for development including change of use of good agricultural lands (Class I, II & III) may be permitted in exceptional circumstances. POLICY RAP 3 Proposals involving land of moderate or poor quality will normally be permitted unless the cessation of agricultural use would prejudice the viability of local farms. In rural St. Andrew the reuse of redundant farm buildings can aid in the diversification of farm businesses. This however has to be balanced against the need to conserve the character of the rural area. There is also the need to ensure economic viability in the rural area to support farm businesses and maintain the viability of village services. Business uses, guest houses and other suitable holiday accommodations will be restricted to extensions and small scale developments on existing sites such as redundant farm buildings. POLICY RAP 4 New recreational, educational and tourist related businesses in rural areas will normally be acceptable within redundant farm and institutional buildings provided that the change of use would conserve its character, appearance, fabric and setting and would not be detrimental to the character of the countryside. POLICY RAP 5 Extensions to existing buildings in the countryside to accommodate guest houses, bed and breakfast and self-catering accommodation will normally be acceptable provided that access is suitable and the proposal can be implemented with no adverse effect on the character of the building and its locality. POLICY RAP 6 Development related to the agricultural industry, but not part of a farm business which will be intrusive in the countryside by reasons of scale and character will only be permitted if it can be shown that the site chosen is the best available and the design and landscape treatment are of a high standard. Where there is a need for a limited number of new houses in a village to help local people to remain there it should be possible to meet such needs. Limited house building will however occur as a result of permission on unidentified sites. The process should be accretionary and should not result in suburban type housing developments being erected throughout the rural area. POLICY RAP 7 Residential developments will be allowed in the built up area in some villages. Where allowed, it should be FIFITH SCHEDULE, contd. 324 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 small scale and should avoid the appearance of a housing estate. Any residential development in villages should respect the village environment in character and scale. The erection of a dwelling in the countryside for someone who needs to live there may occasionally be necessary. However as a general rule very little residential development should take place outside the urban boundaries. There are areas outside the urban boundary of Saint Andrew which have developed as significant settlements such as Red Hills, Rock Hall, Cavaliers, Parks Road, Mannings Hill, Golden Spring, Lawrence Tavern, New Garden, Bowden Hill, Brandon Hill and Toms River in the North and areas such as Woodford, Constitution Hill, St. Peters, Irish Town and Content Gap to the North-east. These areas, though lacking the full complement of services, infrastructure and population base which would warrant their designation as district centres, have been identified as important rural settlement nodes. These nodes require special attention with regards to the provision of services and infrastructure in order to achieve sustainable long term development. POLICY RAP 8 Residential development outside the urban area will normally be restricted to established rural nodes. POLICY RAP 9 The planning authority will seek to ensure that the required services and amenities required for rural nodes are provided concurrent to the residential development and that where possible, incremental development is achieved. POLICY RAP 10 The planning authority will seek to control the coalescing of isolated groups of houses or the consolidation of linear settlements in order to maintain strategic gaps in the countryside. Conserving productive land resources of the Development Order Area implies helping to maintain a prosperous farming industry and rural area. Planning policies can impinge on farming with disastrous effect. The decision on whether land is to be taken out of agriculture will not alter its importance. It is the result of such actions on agricultural production that will have to be considered. POLICY RAP 11 The local planning authority will attach major importance to the need to safeguard agricultural production in all their decisions concerned with development in the countryside and refuse planning permission for or otherwise oppose changes of use or development involving the subdivision of agricultural land into unproductive units. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 325 Some types of agriculture involve intensive development requiring large buildings. The siting of these requires particular care to ensure there is no adverse effect on agricultural land and farming potential. Schedule Three, Part 5 of this Order should be consulted regarding permitted agricultural development. POLICY RAP 12 Any development in the countryside (including agriculture for which permission is needed) will be required to be sited and designed in such a way that there is minimal adverse impact on agricultural land and farming. Some uses do not rely on the quality of agricultural land and are not necessarily related to the efficient and effective operation of the agricultural holding. These activities will not be treated any differently from any other forms of development especially where this could lead to the division of a farm unit and jeopardize the remaining agricultural land. POLICY RAP 13 Agriculture, including horticulture which is not dependent on the agricultural capability of land will not normally be permitted on good agricultural land (Class I, II, III). Where this may be permitted it should not conflict with other countryside resources nor jeopardize the long term availability of good agricultural land. Some agricultural activities do not require planning permission as they are exempted under permitted development, others do and it is important that these are sited and designed to prevent conflicts with other countryside resources. POLICY RAP 14 Development essential to agricultural production will normally be permitted in the rural area provided that there is no conflict with other countryside resource and no adverse impact on the appearance of the surrounding areas. It is not unusual for an area to appear as if it is developed because of the number of buildings located near to each other. This sometimes results in pressure being applied for additional development in these locations. In such situations the application will have to be assessed against the character and appearance of the rural area and the impact of such development on the environment. The setting of precedents will also have to be considered as this could lead to uncontrolled development of the area. FIFITH SCHEDULE, contd. 326 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY RAP 15 Proposals for new residential development outside of urban areas and villages will be permitted only if it is rural in character and will not conflict with the appearance of the area in which it is to be located. Sometimes an area may appear to be developed because of the number of buildings existing in the location. There may be pressure to approve other buildings in the area as there would have been the feeling that this is a growth area. However this has to be viewed against the background of the character and appearance of the countryside and the potential for setting precedents. POLICY RAP 16 Small scale businesses will normally be allowed in and adjoining the built up areas of villages and small towns where these are appropriate to the scale of the settlement and would not be detrimental to the amenity and character of the area. In some rural communities residents may find it difficult to use services in the built up areas such as child care facilities because of the distance from their homes. These areas may benefit from the establishment of small scale facilities located nearer to the residences. They should however be sited near to or within existing villages where access is readily available by walking or other modes of transportation. POLICY RAP 17 Permission will normally be granted for the establishment of small scale social facilities outside of urban areas to meet community needs. At times people are desirous of constructing new homes in isolated sections of the rural areas. This acts as a catalyst for the development of other residences setting off a chain reaction and ending in a new village without any form of infrastructure. Where this is a one off situation such as the need for a worker to live permanently near his place of work or the owner wishing to live on his farm this will require justification for planning permission to be granted. In all situations the economic viability of the farm will be paramount in assessing the application. POLICY RAP 18 Dwellings will not be allowed in isolated areas except where it is necessary that a farm worker or the owner be accommodated on the holding and where it is a viable farming unit. The Blue and John Crow Mountains in St Andrew is an area that is to be protected because of its geological and environmental sensitivity. Unfortunately the vegetation is being destroyed to provide yam stick for farmers, coal for fuel and by land clearing for agricultural activity. The local planning authority will ensure that its woodlands, wildlife and natural beauty is conserved and preserved. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 327 POLICY RAP 19 Protection will be given to areas of woodland and trees by the local planning authority especially those in conservation areas in rural sections of the parish such as in the Blue and John Crow Mountains. Recreational and leisure activities generate land requirements ranging from small areas for playfield to extensive areas for hiking and camping. These facilities should not only be compatible with the area in which they are located, but should provide and consolidate the strategic gap between towns. POLICY RAP 20 Proposals for recreational development in rural areas will normally be permitted if it does not negatively impact the character and appearance of the surrounding area. POLICY RAP 21 Consideration will normally be given to planning applications that will require large tracts of land especially in rural areas where: (a) the development will not result in the appreciable loss of good agricultural lands; (b) the proposal would not have an adverse impact on areas designated for conservation and other environmental purposes; (c) the proposal would not have an adverse impact on historic buildings; (d) roads in the vicinity are adequate to carry an increase in traffic flow; The economic success of the farmers in the rural areas depends greatly on the extent to which they can sell their produce. The establishment of outlets in strategic locations especially near to settlements would facilitate the sale of agricultural produce. POLICY RAP 22 Permission will normally be granted for farm outlets where these are proven to be necessary for the sale and distribution of produce of local farmers. Many non-commercial activities are located within the rural areas outside of urban centres. Occasionally the owners may wish to change the use or redevelop them for other purposes. Any such proposal must respect the open nature of the areas in which they are located. POLICY RAP 23 Proposals for the alteration or change of use of existing non-commercial buildings in rural areas outside of a FIFITH SCHEDULE, contd. 328 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 growth centre will be permitted if the development maintains the existing landscape setting, character and original building scale. Where it is necessary to preserve buildings of historic and architectural importance or buildings with special features, these may have to be converted to other uses to achieve this goal. This would relate specifically to farm or estate houses (including great houses) that have been abandoned. POLICY RAP 24 The conversion of buildings of historic or architectural importance to provide accommodation for new business services will be permitted if this is necessary to preserve the life of the building only after consultation with the Jamaica National Heritage Trust. POLICY RAP 25 Recreational, educational and tourist related activities such as restaurants will normally be acceptable within redundant farm buildings, provided that its character and the use would not be detrimental to the rural area. Mining is an important economic activity in Kingston and St. Andrew hence mineral resources will have to be protected for future utilization. The Order Area has large quantities of aggregate and stone which may be worked over time for their intrinsic value. Most of these are located in the rural area where extraction if not carefully carried out can leave scars on the landscape making it unsightly and susceptible to slope failure and may lead to siltation of rivers. Measures will therefore have to be taken to ensure that there is minimal impact on the environment during and after extraction. POLICY RAP 26 The operators of quarries or other mineral extraction activities will be required to restore the land to a condition satisfactory to the planning authority in the shortest possible time after completion of the operation. POLICY RAP 27 The quarrying of land will not automatically render it as being suitable for development except in circumstances where it can be used for residential purposes. PETROL AND OIL FILLING STATIONS It is in the public interest that the siting and design of petrol and oil filling stations throughout the Order Area be controlled. Special attention will be given to amongst others; access to; and egress from roads, and the relation of these sites to traffic intersections, the design, appearance and location on the site of buildings and ancillaries, the location of the proposed site in relation to existing or proposed FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 329 development and the planting and protection of grass, trees and shrubs. In addition to the policies outlined below these developments will have to adhere to the guidelines listed in the Appendix 8 hence the section should be used in conjunction with it. POLICY PFS 1 The planning authority will ensure that petrol filling stations are designed and constructed in accordance with the guidelines established in Appendix 8 of this Order and any other guideline or standard which may be developed from time to time. Petrol Filling Stations should be established where they fulfil a need and generally, should be located off major roadways, trunk roads and primary distributor roads. On expressways they should form part of planned service areas, where they are located on rural roads they should be located on main travel routes and in proximity to communities or commercial areas where they can add to the economic activities in the area. On single carriageway roads if stations are to be provided on either side of the road, they should not be located directly opposite each other, but should be staggered within visible distance of one another. Where stations are located on the same side of the road, they should be spaced at least 300m apart unless they are contiguous with a common entrance and exit. On dual carriageway roads, stations may be sited opposite to one another. POLICY PFS 2 Where it is anticipated that a road will develop as a limited access road the siting and design of the Station should conform to the special standards for access to and egress from such roads without disrupting the normal flow of traffic. POLICY PFS 3 Filling stations will not normally be permitted close together on one side of any road unless there is similar provision on the other side sufficient to reduce traffic crossing. POLICY PFS 4 Petrol filling stations must at all times be located such that there will be no significant adverse effect on the amenity and environment of nearby occupiers, traffic levels, nor risk to public safety. The siting of Petrol Filling Stations should take into account the potential noise impact on the adjacent sensitive receivers due to the operation of the Petrol Filling Stations and vehicle movements in and out of the Petrol Filling Stations, particularly during night hours. In this respect, the locations of the ingress/egress need to be carefully considered to avoid noise disturbances. Where Petrol Filling Stations are located near noise sensitive uses, all noise generating facilities of the Petrol Filling FIFITH SCHEDULE, contd. 330 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Stations should be so arranged to minimise direct noise impact. Any noise impact should be mitigated with appropriate measures to satisfy the noise standards. POLICY PFS 5 Developments which are not sensitively designed with regards to noise and other nuisance and integrated with surrounding areas will not be given planning permission. Trade effluent produced by activities associated with Petrol Filling Stations including hazardous wastes should at all time be properly handled, stored and disposed of. For those stations providing lubricating oil replacement services or other services generating chemical wastes, storage area should be provided for subsequent chemical waste collection and disposal. No drainage should be provided to the chemical waste storage area. The hazards associated with the emission of benzene then (a known carcinogen) can be minimized by the use of vapour recovery pump. Where petrol contains benzene then mitigatory measures should be in place. POLICY PFS 6 “Vapour recovery pumps” should be installed in all new PFS where the petrol being dispensed contains benzene. POLICY PFS 7 The planning authority will ensure that petrol filling stations are suitably designed to manage trade effluent and hazardous waste produced according to applicable guidelines and standards. CONTROL OF ADVERTISEMENT The display of advertisement shall be controlled in accordance with the Town and Country Planning (Control of Advertisement) Regulation, 1978. Hoardings or other similar structures used or adopted for the display of advertisements or other public notices constitute development for which planning permission shall be required. The regulations set out the general framework for the control of advertisements but the power of the planning authority there under may be exercised only in the interest of amenity and public safety. Applications to display advertisement will however be assessed according to their location and siting, dominance in the street scene and where appropriate illumination, in addition to the above. Developers and other interested parties should familiarize themselves with the Regulations and the Policies herein as the planning authority will pay due regard to them in dealing with applications. POLICY CA1 When considering proposals for the display of advertisements the planning authority will take into consideration: (i) whether it is an appropriate location given the character and appearance of the surrounding area. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 331 (ii) the general siting, size and dominance of the proposal and its impact upon the amenity of adjacent property; (iii) all relevant road safety considerations; (iv) within conservation and heritage areas particular attention will be paid to the design, siting and illumination of advertisements to ensure the maintenance and enhancement of the historic character and appearance of the area. POLICY CA2 The planning authority’s decision in dealing with advertisement will be influenced by the Advertisement Regulations in the above policy and the guidelines in Appendix 18. SECTION II LOCAL AREA PLANS A major objective of the Kingston and St. Andrew Parish Development Order is to provide for the orderly and progressive development of the local planning areas as described in the First Schedule and listed in Appendix 2. Local Area Plans have been prepared for thirteen nodes and six corridors within the Order Area. These areas have been identified due to importance as commercial, densification and or residential areas within the Order Area which are currently under severe pressure for increased development. The Local Area Plans are meant to provide more specific development guidelines for each local area and other areas which may be added over time. BARBICAN LOCAL AREA PLAN Barbican is one of St. Andrew’s largest residential areas and is characterised by a predominance of residential uses accounting for over 90% of total land use. Mixed land uses including office, commercial, recreational and other uses are primarily located along East Kings House Road and sections of Hope Road, and Barbican Road. The area has been identified for residential densification with limitations due to terrain and access to central sewage. It is the intent of this Order to preserve and improve the residential amenity of this area to reflect a garden type community, while improving social amenities provided within this Local Planning Area to include the provision of public open space and primary level institutions. The population of this local planning area has been increasing, realizing a 0.23% increase in population during the last intercensal period of 2001–2011 where the FIFITH SCHEDULE, contd. 332 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 population increased from 13,446 to 13,477 persons. It is projected that the population will reach 13,539 persons in 2031. A major objective of the Kingston and St. Andrew Parish Development Order is to provide for the orderly and progressive development of that area described as the Barbican Local Planning Area in the First Schedule of this Order. TRANSPORTATION Access to the Barbican Local Planning Area is principally provided by means of privately owned transportation. The use of public taxis also provides a significant means of access particularly to the interior of the locality. Public mass transit is provided by the Jamaica Urban Transit Company Ltd. (JUTC), and private minibuses which traverse the major arterial roads Barbican Road, Hope Road, and East Kings House Road. Traffic congestion is usually highest during peak traffic periods in the morning and evening along the periphery, and some interior roads such as East Kings House Road and Paddington Terrace, however, in general the interior network accommodates comparatively less loads during peak periods. This congestion is due primarily to the fact that these thoroughfares provide prime linkages between the Liguanea, New Kingston, and Halfway Tree Business Districts and residential communities throughout urban Saint Andrew. Vehicular Parking The three major thoroughfares within the Barbican Local Planning Area are heavily used by motorists and pedestrians alike, and are usually congested during peak hours. POLICY B T1 The planning authority will ensure that all development proposals along East Kings House Road, Barbican Road, and Hope Road provide the required parking allotments, including parking for the disabled, within the curtilage of the development site as outlined in Appendix 7 of this Order. Increasingly the availability of adequate parking spaces for commercial and office uses in urban areas has become more of a challenge especially within the major commercial areas and particularly at Barbican Square where on street parking at times impedes the smooth flow of traffic. POLICY B T2 The planning authority will not support proposals for new development or extensions unless the required number of parking spaces on site are provided or unless such provisions can be met on property in proximity FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 333 which is owned by the developer or in which he has legal interest. Only the remainder of the property can be developed in the future and any development on such property will have to provide the required additional parking. In areas zoned for commercial and office use, the planning authority will encourage the design and siting of structures to increase the human scale and encourage pedestrian friendliness. Landscaping significantly improves the aesthetics of parking areas, and, by minimising the percentage of paved surfaces there is the added benefit of lessened storm water runoff and aquifer recharge. POLICY B T3 All new developments having outdoor parking lots shall make use of green and or permeable parking surface techniques. POLICY B T4 The planning authority will ensure that parking lots are sufficiently landscaped (accounting for at least 10 per cent of total lot area), to the satisfaction of the local planning authority. POLICY B T5 The planning authority will seek to ensure that parking lots are suitably designed and sited in order to ensure pedestrian friendliness including access for the disabled. Roads The road network is important in determining the quality of life of residents, as it determines the ease with which they can move about in the community and gain access to other areas. Widening of existing roadways to accommodate future anticipated traffic volumes may be compromised by development activity if adequate setbacks are not incorporated in the initial phase. Sidewalks are to be constructed and paved when roads are being developed. At times they are either not provided or are not suitable for traversing by the disabled community and other vulnerable groups including children and the elderly. In this regard, POLICY SP T13 should be consulted in conjunction with the following policies. POLICY B T6 Development proposals shall be adequately setback from road boundaries to allow for road improvements including provisions for sidewalks, widening and street scaping as indicated in Appendix 5 and 6 of this Order. POLICY B T7 The planning authority will seek to ensure that the requisite standards and guidelines for road works are adhered to. FIFITH SCHEDULE, contd. 334 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY B T8 The local planning authority will seek to ensure that within the planning area all intersections and roadways are equipped with ramps and proper lighting to give visibility to motorists and all pedestrians including disabled persons. It is the intention of this Order to facilitate increased use of the public transportation system. This will include the coordination of routes and land uses which allow ease of access from residences to the public transport and the facilitation of pedestrian links between major nodes. To this end, the planning authority will identify routes within the Barbican Local Planning Area and seek to implore operators of public transport to use these routes to better serve the community. POLICY B T9 The planning authority will identify public transport routes within the Barbican Local Planning Area and recommend their use to transport operators. The Barbican area lacks a transportation centre, hence public transport sometimes use parking areas allotted for business entities to wait for passengers. However, there are bus stops along the East Kings House and Barbican Roads for the picking up and letting down of passengers. POLICY B T10 The planning authority will, identify and seek the acquisition of lands in suitable locations within the Barbican Local Planning Area to facilitate the development of multi modal transportation hubs. HOUSING The Barbican Local Planning Area is located in proximity to the economic and entertainment nodes of Half Way Tree, Constant Spring, New Kingston and Liguanea. Main communities within the local planning area includes; Millsbourough, Billy Dunn and sections of Jacks Hill and Widcombe. Relatively large lot sizes, ease of access to public transport and access to urban services makes Barbican a favourable location for increased housing densities and redevelopment on selected sites especially those in proximity to urban core. Residential units in this area are mainly of the single family detached type on relatively large lots ranging on average from 0.2 hectare (0.5 acre) to 0.8 hectare (2 acres). There is however an increasing trend for the construction of multifamily developments in the area owing to the large size of the lots and its desirability as a residential location. POLICY B H1 Multifamily development may be permitted on parcels of land which are 0.2 hectares (½ an acre) and over in area. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 335 POLICY B H2 The following density ranges shall apply: (a) Density shall not exceed 75 habitable rooms per hectare (30 habitable rooms per acre) in areas as indicated on Figure 7, with building heights not exceeding two (2) floors. (b) Density shall not exceed 125 habitable rooms per hectare (50 habitable rooms per acre) in areas as indicated on Figure 7 and Inset Map No.1 with building heights not exceeding four (4) floors. POLICY B H3 New multi-family developments shall provide amenity area in accordance with the stipulations in Appendix 10 of this Development Order and to the satisfaction of the local planning authority. POLICY B H4 Minimum setbacks from property boundaries for apartment/townhouse development 125 hr/h (50 hr/a) and over: (i) 1.5 metres from the sides per floor to a maximum of 4.5 metres; (ii) 1.5 metres from the rear per floor to a maximum of 4.5 metres; (iii) the front boundary should be in keeping with the existing building line or as stipulated by the Road Authority. POLICY B H5 The planning authority will seek to ensure the coordination of development with the provision of sewage services and may not permit, but phase the timing of development based upon the availability and capacity of sewage collection system to accommodate the proposal. Uncontrolled development on hillsides is a potential hazard as it increases the susceptibility of slope failure, erosion and increased drainage problems. In an effort to protect the stability of these environmentally sensitive areas, control has to be exercised over development proposals to prevent the destruction of trees and the construction of hard paving that contributes to excess runoff. The Barbican Local Planning Area has several such areas such as the Tavistock Heights environs, Mountain Spring environs and sections of the Jacks Hills Main Road, special care will be taken when considering housing development in these locations. (See Figure 9). FIFITH SCHEDULE, contd. 336 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY B H6 Density shall not exceed 50 habitable rooms per hectare (20 habitable rooms per acre) in hilly areas and shall be in accordance with the Hillside Development Manual for Jamaica (see Figure 7, 9 and Main Cross Reference Policy SP H27). POLICY B H7 Where housing development proposals are being contemplated in potentially hazardous areas the local planning authority will require the submission of technical documents such as an engineer’s report for consideration of the application. POLICY B H8 Housing development will not be allowed on land that is steep and unstable, vulnerable to erosion, slippage, subsidence, flooding or other natural hazards or which will involve costly extra ordinary precautions by government to safeguard See Main Cross Reference Policy SP H24—SP H25 and Appendix 23). The retention of residential uses in the Barbican Local Planning Area is important in maintaining the residential character of the area and in providing suitable housing units to cater to the existing and future demand for residential units in the Order Area. POLICY B H9 The planning authority will not normally support non residential development on lots zoned for residential uses except in extenuating circumstances and where there is a level of compatibility. POLICY B H10 Proposals for change of use of a residential property to a non-residential use will only be permitted if the non-residential activity is compatible with the residential character of the area and is not detrimental to the amenity, privacy and enjoyment of neighbouring dwellings. Housing development in the Barbican Local Planning Area has been predominantly limited to provision for the higher and middle income groups, thus reducing opportunities for the satisfaction of the housing need for lower income housing in the area. There are several informal settlements within this area which have developed in locations along gullies and other vulnerable areas. POLICY B H11 A mix of housing types including starter units and semi-detached units for low income earners will be permitted in suitable locations. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 337 POLICY B H12 In areas where it is feasible to regularize existing informal settlements, the planning authority will work with the relevant Authorities to achieve safe and orderly development. SOCIAL AMENITIES In the Barbican Local Planning Area, recreational areas are provided primarily as part of subdivisions. There are no public open spaces or recreational areas in this locality, however private recreational areas located on East Kings House Road provide beach volleyball and football fields. The Kings House Lands are located within this local planning area, the grounds of which are used to host national events and on occasion other recreational events. Recreational Areas and Open Space This Order aims to preserve and improve the overall garden quality existing within the Barbican Local Planning Area. This entails the promotion and protection of open/green spaces within its bounds. It is the intention to provide for increased residential densities in this local planning area however, the required public open space to cope with increased density is lacking. The provision of adequate public amenity area for the enjoyment of residents is critical to the sustained orderly residential development of the Planning Area. Hence, the local planning authority will seek to ensure that lands are located within this locality for the development of a public amenity area or areas in suitable locations. In such cases Government owned lands will first be considered. POLICY B SA1 The planning authority will seek to identify and or have acquired lands in suitable locations within the Barbican Local Planning Area to facilitate the development of public open space and amenity areas to suit population needs. POLICY B SA2 All lots within the Barbican Local Planning Area that may from time to time be identified and zoned as public open spaces, or for amenity areas, shall be developed only for such use. POLICY B SA3 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. POLICY B SA4 Where multi-family developments are permitted amenity areas provided shall be developed only for such uses. FIFITH SCHEDULE, contd. 338 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY B SA 5 Structures or uses that do not complement the recreational use of lots provided for such activities will not be allowed on any public open space or amenity area. Institutional The educational institutions within the Barbican Local Planning Area include primary and early childhood institutions. However the provision of public primary educational facilities within the area is lacking. Other institutional uses include several churches, nurseries and nursing homes which provide services to the community and the public at large. POLICY B SA 6 The planning authority will, in conjunction with the relevant authority, seek to identify and or acquire lands in suitable locations within the Barbican Local Planning Area to facilitate the development of public primary educational facilities. POLICY B SA 7 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines of the Ministry of Education which may be developed from time to time. POLICY B SA 8 Development of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area. POLICY B SA 9 Building heights for residential institutional uses shall be in keeping with the allowable height and density guidelines for the locality. (See Figure 7). URBAN ECONOMY Although Barbican is characterised primarily by residential uses, commercial and office activities are generally located in a linear manner along the major thoroughfares of Barbican Road, East Kings House Road and Hope Road. Barbican square and environs are becoming an important commercial node, as it not only serves the local planning area but also several other residential areas such as Sandhurst, Arcadia, Jacks Hill, and Cherry Gardens. POLICY B UE 1 Commercial and office uses will be permitted one lot deep along sections of Barbican Road and in the areas indicated on Inset Map No 1. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 339 POLICY B UE 2 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. POLICY B UE 3 The planning authority will normally support the extension of office and commercial premises in areas zoned for such uses, provided the amenity of occupiers of neighbouring properties are safeguarded and all planning standards are met to the satisfaction of the planning authority. POLICY B UE 4 Light Industrial uses will only be permitted in areas zoned for office or commercial use and will be considered on their own merit. POLICY B UE 5 For commercial uses in areas zoned for such purposes, the following standards shall apply: (i) buildings shall not exceed three (3) storeys in height with a floor area ratio of 1:1 and maximum plot coverage of 50%; (ii) Buildings may maintain a zero lot line except to the front boundary which should be in accordance with proposed road reservations and to the satisfaction of the planning authority; (iii) Parking shall be in accordance with Policies B T1-5 to the satisfaction of the planning authority. POLICY B UE 6 For office uses in areas zoned for commercial or a mix of office and commercial use, the following standards shall apply: (i) Buildings shall not exceed four (4) storeys in height with floor area ratio of 1:1 and plot coverage of 50%; (ii) Buildings may maintain a zero lot line except to the front boundary which should be in accordance with proposed road reservations FIFITH SCHEDULE, contd. 340 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 and to the satisfaction of the planning authority; (iii) Front—in accordance with road reservations to the satisfaction of the planning authority; (iv) Parking shall be in accordance with Policies B T1—5 to the satisfaction of the planning authority. POLICY B UE 7 Where non-residential development adjoins residential uses the following standards shall apply: (i) Side yard adjoin the residential development—setback is 1.5m (5 feet) for each storey; (ii) Rear—3m or 15% of the width of the lot, whichever is greater; (iii) Front—in accordance with road reservations to the satisfaction of the planning authority. POLICY B UE 8 Where non-residential uses are contemplated on lots zoned for residential use. The height, setbacks and other planning standards shall be as outlined in the Development and Investment Manual, Volume 1, Section 1. Such developments shall be considered on its own merit and shall not exceed two (2) storeys in height, floor area ratio of 0.5 and site coverage of 50%. The planning authority may however vary setback, height and other relevant requirements or standards in order to safeguard the existing residential amenities. POLICY B UE 9 Hotel development may be considered in areas zoned for commercial and office use or on the fringe of the residential areas. They will only be allowed in residential areas provided the development does not negatively affect the amenity and character of the area and are unobtrusive. Where hotels are allowed in residential areas, they should conform to the residential standards of the area. ADVERTISEMENT GUIDELINES Advertisements are vital to business and important in disseminating information. Nonetheless measures have to be in place to ensure that the character and FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 341 appearance of the area is not compromised. Guidelines are set by the regulations as to the size, height and placement of the advertisements; however their location and appearance throughout the local planning area will have to be addressed. The relevant polices contained in the Control of Advertisement section and Appendix 18 of this Order shall apply in this local planning area. POLICY B CA 1 Signs adhering to the guidelines set out by regulations will only be permitted by the planning authority in areas where they do not distract road users, cause clutter or become unsightly and detract from the character and appearance of the area. In the economic nodes located in the Barbican Local Planning Area and its environs, the planning authorities will pay due regard to the particular need to ensure that advertising displays on frontages and street furniture do not detract from the character and appearance of the area. POLICY B CA 2 Signs and advertisement must be well designed and sensitively located within the street scene. The planning authority will have regard to the circumstances of each case in the interest of amenities and public safety. POLICY B CA 3 Signs on shop fronts in the area may not be placed above the ground floor level or above normal fascia level of the building whether or not it is intended to advertise a commercial activity. WASTE TREATMENT AND DISPOSAL The majority of the Barbican Local Planning Area is un-sewered however, a sewer main is present along Hope Road (which forms the area's southern boundary) along with sections of East Kings House Road and Paddington Avenue. Traditionally, sewage was disposed of onsite usually by means of absorption pits. Septic tanks and absorption pits were later used as the main method of sewage disposal. There has been increasing recognition of the effects of sewage pollution on the ground water resources of the alluvium aquifer of the Liguanea Plains. Consequently, there has been a determined effort by the authorities to have sewage treated to a tertiary level in the Order Area. Barbican straddles three sewage expansion areas with projected connections in 2015 and 2020. The North-eastern section of the local planning area is located with the reserved area of the NWC sewage expansion plan indicating that there are no long term plans for the sewerage of this locality. (See Figure 6). FIFITH SCHEDULE, contd. 342 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 It is expected that once areas are sewered all existing and new developments will connect to the public central sewer system within a reasonable timeframe as indicated by the planning authority or the responsible authority. The Waste Treatment and Disposal section of this Order should be consulted and relevant policies applied. POLICY B WT 1 For new buildings or extensions in areas without central sewage the sewage treatment facilities proposed must treat sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the National Water Commission. POLICY B WT 2 In sewered areas within the Barbican Local Planning Area all new developments within a reasonable proximity to the system as determined by the National Water Commission should connect to the public central sewage system. POLICY B WT 3 Notwithstanding original conditions of approval, to protect the environment, it is expected that on the introduction of central sewage all developments will connect to the public central system within a reasonable time as determined by the National Water Commission. CARGILL LANDS (MONALTRIE) LOCAL AREA PLAN Description Cargill Lands is located in the Parish of St. Andrew near the Half Way Tree business node. It is bordered by two major arterial roads namely Maxfield Avenue to the west and Half Way Tree Road to the east. This area can be considered as a mixed use area. This mix is dominated by residential, light industrial, commercial and office uses. The majority of the residential lots are located in the southern section of Cargill Lands with light industrial, offices and commercial activities dominating in the eastern and western boundaries. The Cargill Lands area has been identified as a mixed use area where commercial, office and suitable industrial uses may be allowed which are compatible with high to medium density residential development. The area is within an existing sewered area hence access to central sewage is available. According to the present statistics, Cargill Lands’ resident population is in decline. At 2011 the population stood at 2304 persons realizing a 1.4% decline during the last intercensal period. It is projected that, should this rate continue, the population will stand at 2189 persons in 2030. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 343 A major objective of the Kingston and St. Andrew Parish Development Order is to provide for the orderly and progressive development of that area described as the Cargill Lands Local Planning Area in the First Schedule. TRANSPORTATION AND TRAFFIC The main mode of transportation is by way of public and private passenger motor vehicles, cycling and walking. The community is located in proximity to the Halfway Tree Transportation Centre and there are also numerous bus stops located along Maxfield Avenue and Halfway Tree Road to allow for easy picking up and setting down of passengers. Traffic congestion can be observed along the two main arterial roads along the periphery during peak hours. There is however an increasing trend for non residents to use the interior roads to bypass traffic along the congested arterial thoroughfares, resulting in increased levels of congestion along some of the internal roadways. Vehicular Parking The Cargill Lands Local Planning Area is bounded by two main thoroughfares namely Maxfield Avenue and Halfway Tree Road. These roads constantly accommodate high daily volumes of both vehicular and pedestrian traffic. Traffic congestion along these two roadways is intensified during peak hours. POLICY CL T 1 The planning authority will ensure that all developments provide the required parking requirements, including parking for the disabled, within the curtilage of the development site as outlined in Appendix 7 of this Order. The provision of adequate parking within the urbanized commercial nodes of Kingston and St. Andrew has become an increasing problem. This is even more evident when the provision of parking spaces by developers for non-residential uses is examined. The situation in Cargill Lands is very similar in this regard to that experienced in other areas with significant commercial development. POLICY CL T 2 Where new housing developments are proposed in proximity to transportation hubs, the authority may consider varying parking provisions to the satisfaction of the local planning authority. POLICY CL T 3 The planning authority will not normally support proposals for new development or extensions unless the required number of parking spaces on site are provided or unless such provisions can be met on property in proximity which is owned by the developer FIFITH SCHEDULE, contd. 344 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 or in which he has legal interest. Only the remainder of the property can be developed and any development on such property will have to satisfy the parking that is required. The provision of green areas through proper landscaping in urban areas also improves the general aesthetic of the neighbourhood by maintaining trees for both shade and habitat. In parking lots, landscaped islands break up large expanses of asphalt, while shade trees add a third dimension to maintain a pedestrian scale. The use of green or permeable surface materials improves the aesthetics of parking areas, and, by minimising the percentage of paved surfaces there is the added benefit of lessened storm water runoff, reduced localized flooding and reduction in the effects of the urban heat island. POLICY CL T 4 All new developments having outdoor parking lots shall make use of green and or permeable parking surface techniques. POLICY CL T 5 The planning authority will ensure that parking lots are sufficiently landscaped (accounting for at least 10 per cent of total lot area) to the satisfaction of the local planning authority. In areas zoned for commercial and office use, the planning authority will encourage the design and location of buildings to increase the human scale and encourage pedestrian friendliness. POLICY CL T 6 The planning authority will seek to ensure that parking lots are suitably designed and sited to increase the human scale and encourage pedestrian friendliness. Roads The road network is important in determining the quality of life of residents, as it determines the ease with which they can move about in the community and gain access to other areas. Sidewalks are to be considered when roads are being developed. At times they are either not provided or are not suitable for traversing by the disabled community and other vulnerable groups including children and the elderly. In this regard, POLICY SP T13 should be consulted in conjunction with the following policies. In the improvement of existing roadways to accommodate pedestrian usage, multi modal transport may be compromised by development activity if adequate setbacks are not incorporated in the initial phase. POLICY CL T 7 Development proposals shall be adequately setback from road boundaries to allow for road improvements FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 345 including provisions for sidewalks, widening and street scaping as indicated in Appendix 5 and 6 of this Order. POLICY CL T 8 The planning authority will seek to ensure that the requisite standards and guidelines for road works are adhered to. POLICY CL T 9 The local planning authority will seek to ensure that within the planning area all intersections and roadways are equipped with ramps and proper lighting to give visibility to motorists and all pedestrians including disabled persons. HOUSING At present the predominant housing type in the area is single-family detached housing units, with some higher density housing solutions such as apartments. It is the intention of this Order to facilitate mixed uses within this local planning area, facilitating higher density residential densities while allowing other compatible uses as shown on Inset Map No. 2. POLICY CL H 1 Multifamily development may be permitted on parcels of land which are 0.2 hectares (½ an acre) and over in area. Developments may be considered on smaller parcels of land once the required planning guidelines can be met to the satisfaction of the planning authority and will be considered on their own merit. POLICY CL H 2 The following density ranges shall apply in the area: (a) Density shall not exceed 250 habitable rooms per hectare (100 habitable rooms per acre) as indicated on Figure 7 with building heights not exceeding six (6) floors. (b) Density shall not exceed 375 habitable rooms per hectare (150 habitable rooms per acre) as indicated on Figure 7 with building heights not exceeding ten (10) floors. POLICY CL H 3 New multi-family developments shall provide amenity area at the rate stipulated in the Appendix 10 of this Order to the satisfaction of the planning authority. POLICY CL H 4 Minimum setbacks from property boundaries for apartment/townhouse development 125 hr/h (50 hr/a) and over: FIFITH SCHEDULE, contd. 346 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (i) 1.5 metres from the sides per floor to a maximum of 4.5 metres; (ii) 1.5 metres from the rear per floor to a maximum of 4.5 metres; (iii) the front boundary should be in keeping with the existing building line or as stipulated by the Road Authority. POLICY CL H 5 Proposals for change of use of a residential property to a non-residential use will only be permitted if the non-residential activity is compatible with the character of the surrounding residential areas. SOCIAL AMENITIES Recreation Area and Open Spaces The Cargill Lands Local Planning Area has no community recreational facility or areas designated as public open space for residents to use for recreational purposes. Emancipation Park in New Kingston is in proximity to Cargill Lands and consequently many residents use this facility. Owing to its central location and proximity to facilities and amenities the potential for increased residential densities exists, hence the provision of community recreational areas whether public or private will need to be provided concurrently with increased densities. The local planning authority will therefore seek to ensure that sufficient lands are located within or in proximity to this locality for the development of a public amenity and open space area or areas in suitable locations which will serve the recreational needs of the community. In such cases Government owned lands will first be considered. POLICY CL SA 1 The planning authority will identify and seek to acquire lands in suitable locations within the Cargill Lands Local Planning Area to facilitate the development of public amenity areas. POLICY CL SA 2 All lots within the Cargill Lands Local Planning Area that may from time to time be identified for public open spaces, or for amenity areas within developments, shall be developed only for such use. POLICY CL SA 3 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 347 POLICY CL SA 4 Structures or uses that do not complement the recreational use of lots provided for such activities will not be allowed on any public open space or amenity area. Institutional There are several institutional uses within the Cargill Lands Local Planning Area which are dispersed throughout the community. In addition to direct access to these facilities, the residents also have access to an array of institutions in relative proximity to their community. POLICY CL SA 5 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines of the Ministry of Education which may be developed from time to time. POLICY CL SA 6 Development of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area. URBAN ECONOMY This local planning area has experienced rapid conversion of residential uses particularly along major arterial roads and high volume interior roads such as Central Road, Parry Road and Osbourne Road. Cargill Lands, based on its proximity to the commercial hub of Halfway Tree has been especially vulnerable to these changes. As a result there has been an increase in the magnitude of light industrial, commercial and office use particularly along Maxfield Avenue and Halfway Tree Road. The southern sections of Cargill lands which still retains the majority of residential lands uses within the area is under increasing threat from the most part illegal light industrial activities. Due care therefore has to be taken to ensure that this conversion to non-residential uses does not impair the residential amenities of the community. POLICY CL UE 1 New commercial and office activities will only be permitted within the areas so designated on the proposal map (Inset Map No. 2). POLICY CL UE 2 Mixed uses, in which residential and commercial activities or other compatible mixes occur on the same lot, will normally be supported by the planning authority. POLICY CL UE 3 Where non-residential uses are contemplated on lots identified for residential use, the development shall not exceed two (2) storeys in height, floor area ratio of 0.5 and site coverage up to 50%. FIFITH SCHEDULE, contd. 348 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY CL UE 4 Non-residential activities located within office commercial or residential zones which are nuisances should be relocated to areas zoned for such uses. POLICY CL UE 5 For areas zoned for commercial uses, the following standards shall apply: (i) Buildings shall not exceed three (3) storeys in height with floor area ratio of 1:1 and plot coverage of 50%; (ii) Buildings may maintain a zero lot line except where they adjoin residential development and to the front in accordance with road reservations to the satisfaction of the planning authority; (iii) Parking should be contained on site or conform to POLICY CL T3. POLICY CL UE 6 For areas zoned for office uses, the following standards shall apply: (i) Buildings shall not exceed three (3) storeys in height except along the arterial roads where a maximum height of four (4) storeys may be allowed once all other planning requirements have been met to the satisfaction of the planning authority; (ii) Building heights of up to a maximum of six (6) storeys may be permitted along Halfway Tree Road and Maxfield Road provided all other planning requirement can be satisfied; (iii) floor area ratio should not normally exceed 1.1 and plot coverage of 50%; (iv) Side boundaries shall be a minimum of—1.5m (5 feet). Rear boundaries shall be a minimum of—1.5m (5 feet) or 15% of the width of the lot, whichever is greater; (v) Front—in accordance with road reservations to the satisfaction of the planning authority; (vi) The local planning authority may modify the setback depending on the specific circumstance; FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 349 (vii) Parking should be contained on site or conform to POLICY CL T3. POLICY CL UE 7 Where non-residential development adjoins residential uses the following standards shall apply: (i) Side yard adjoin the residential development—setback is 1.5m (5 feet) for each storey; (ii) Rear—3m or 15% of the width of the lot, whichever is greater; (iii) Front—in accordance with road reservations to the satisfaction of the planning authority. POLICY CL UE 8 The amenities of residential uses located in areas zoned for office or commercial uses will as far as practically possible, be safeguarded. POLICY CL UE 9 Non-residential activities will normally be permitted within areas zoned for office or commercial use as outlined on Inset Map No. 2 and will be assessed on their own merit and in accordance with the policies provided in this Development Order. POLICY CL UE 10 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. WASTE TREATMENT AND DISPOSAL A central sewage system exists in the Cargill Lands Local Planning Area. Septic tanks were traditionally used along with absorption pits as the main method of sewage disposal. However, the introduction of central sewage has lessened the effects of possible sewage pollution to the area. POLICY CL WT 1 For new buildings or extensions in areas without central sewage the sewage treatment facilities proposed must treat sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the Natural Resources Conservation Authority. POLICY CL WT 2 In sewered areas within the Cargill Lands Local Planning Area all new developments within reasonable proximity as determined by the National Water FIFITH SCHEDULE, contd. 350 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Commission should connect to the public central sewage system. POLICY CL WT 3 Notwithstanding original conditions of approval, to protect the environment, it is expected that on the introduction of central sewage all developments will connect to the public central system within a reasonable time as determined by the National Water Commission. CONSTANT SPRING GARDENS LOCAL AREA PLAN Description The Constant Spring Gardens Local Planning Area is predominantly residential in nature, consisting of a mixture of single family and multifamily units. The Local planning area is bounded by the busy corridors of Red Hills and Constant Spring Roads and Dunrobin Avenue. These corridors though not within the local area boundary serve the area by contributing to its commercial, office and light industrial needs. It is the intention of this Order to maintain the residential amenity of the Constant Spring Gardens Local Planning Area and to prevent the intrusion of illegal and incompatible uses. Residential densification is recommended coupled with the improvement and development of social amenities within the Local planning area. Sections of the Constant Spring Gardens are presently sewered while the remaining sections are projected to be connected by the year 2020. However, once the area is sewered all existing and new developments will connect to the public central sewer system within a reasonable timeframe as indicated by the planning authority or the responsible authority. The population of this local planning area is increasing, realizing a 1.74% growth in population during the last intercensal period of 2001–2011 where the population increased from 5,784 to 6,876 persons. It is projected that the population will reach 9,543 persons in 2030. A major objective of the Kingston and St. Andrew parish Development Order is to provide for the orderly and progressive development of that area described as the Constant Spring Gardens Local planning area in the First Schedule. TRANSPORTATION AND TRAFFIC Privately owned motor vehicles and taxis play a major role of the transporting passengers within the Local planning area. Residents also walk to and from their destinations reaching as far as Halfway Tree. However, several bus stops are located along the corridors of Dunrobin Avenue, Red Hills Road and Constant Spring Road for the JUTC and other minibus operators to set down and pick up FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 351 passengers commuting to and from the area. Traffic congestion is minimal throughout the local planning area and occurs most frequently on Dukharan, West and Elizabeth Avenues. These avenues serve as through roads and connectors for the Local planning area to other sections of the city and the rest of the island. Vehicular Parking The Constant Spring Gardens Local Planning Area is bounded by three major thoroughfares namely Constant Spring Road, Dunrobin Avenue and Red Hills Road. These roads are heavily used by motorists, cyclists and pedestrians and get very congested during daily peak hours. Due to this occurrence the major roadways within the Local planning area namely Elizabeth Avenue to Merrivale and Rochester Avenues and also Dukharan to West Avenue are used as filters (short-cuts) especially during peak traffic. POLICY CSG T 1 To prevent congestion along Dukharan, Elizabeth and West Avenues and to facilitate the smooth flow of traffic within the Constant Spring Gardens Local Planning Area, the planning authority will ensure that all development proposals provide the required parking facilities, including parking for the disabled, within the curtilage of the development site as outlined in Appendix 7 of this Order. Similar to other sections of urbanized Kingston and Saint Andrew, adequate parking for vehicles has become a major problem in the local planning area. A limited number of parking spaces are provided by developers of offices, commercial and institutional uses. POLICY CSG T 2 Proposals for developments which cannot provide sufficient parking requirements on site may be allowed to do so, on property in proximity which is owned by the developer or in which he has legal interest. Only the remainder of the property can be developed and any such development on such property will have to provide separate parking. Green areas aid in promoting a healthier environment by reducing urban heat island effects and increasing the amount of permeable areas, thus reducing peak surface runoff flows. The provision of green areas through proper landscaping in urban areas also improves the general aesthetic of the neighbourhood by maintaining trees for both shade and habitat. POLICY CSG T 3 All outdoor car parks within the Constant Spring Gardens Local Planning Area should have at least ten per cent of the asphalted area sufficiently landscaped to the satisfaction of the planning authority. FIFITH SCHEDULE, contd. 352 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY CSG T 4 All new developments having outdoor parking lots shall make use of green and permeable parking surface techniques. POLICY CSG T 5 The planning authority will seek to ensure that parking lots are suitably designed and sited to increase the human scale and encourage pedestrian friendliness. Roads The road network in Constant Spring Gardens is important in determining the quality of life and mobility of residents, as it determines the ease with which they can move about in the community and gain access to other areas. Widening of existing roadways to accommodate future anticipated traffic volumes may be compromised by development activity if adequate setbacks are not incorporated in the initial phase. Sidewalks are to be considered when roads are being developed. At times they are either not provided or are not suitable for traversing by the disabled community and other vulnerable groups including children and the elderly. In this regard, POLICY SP T13 should be consulted in conjunction with the following policies. POLICY CSG T 6 Development proposals shall be adequately setback from road boundaries to allow for road improvements including provisions for sidewalks, widening and street scaping as indicated in Appendix 5 and 6 of this Order. POLICY CSG T 7 The planning authority will seek to ensure that the requisite standards and guidelines for road works are adhered to. POLICY CSG T 8 The local planning authority will seek to ensure that within the planning area all intersections and roadways are equipped with ramps and proper lighting to give visibility to motorists and all pedestrians including disabled persons. HOUSING A mixture of single family residential and multifamily residential housing units is present in the Constant Spring Gardens Local Planning Area; however, single family residential units dominate. There is a growing demand for additional housing units in Kingston and St. Andrew to cater to housing need hence consideration has to be given to increasing residential densities where possible. POLICY CSG H 1 Multifamily developments may be considered on parcels of land which are 0.2 hectares (½ an acre) and over in area. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 353 POLICY CSG H 2 The following density ranges shall apply: (i) Density shall not exceed 125 habitable rooms per hectare (50 habitable rooms per acre) in areas as indicated on Figure 7 with building heights not exceeding four (4) floors. (ii) Density shall not exceed 250 habitable rooms per hectare (100 habitable rooms per acre) in areas as indicated on Figure 7 with building heights not exceeding six (6) floors. POLICY CSG H 3 New multi-family developments are expected to provide amenity area at the rate stipulated in the Appendix 10 of this Development Order. POLICY CSG H 4 New multi-family developments should be setback 10 feet from service roads to provide privacy. POLICY CSG H 5 Minimum setbacks from property boundaries for apartment/townhouse development 125 hr/h (50 hr/a) and over: (i) 1.5 metres from the sides per floor to a maximum of 4.5 metres; (ii) 1.5 metres from the rear per floor to a maximum of 4.5 metres; (iii) the front boundary should be in keeping with the existing building line or as stipulated by the Road Authority. It is the intention of the Order to improve and maintain the residential amenities of communities; hence the intrusion of illegal and incompatible uses in the residential area of Constant Spring Gardens will be prevented. POLICY CSG H 6 The planning authority will not normally support non residential development on lots zoned for residential uses. POLICY CSG H 7 Proposals for change of use of a residential property to a non-residential use will be permitted only if the non-residential activity is normally carried out in the day time and the amenity privacy and enjoyment of neighbouring dwellings is not adversely affected. FIFITH SCHEDULE, contd. 354 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 SOCIAL AMENITIES Recreation Area and Open Spaces The Constant Spring Gardens Local Planning Area currently has no recreational facility or areas designated as public open space for recreational purposes. At present, recreational and amenity areas are generally provided within multi-family developments. This area has been identified as one in which higher residential densities will be allowed hence the provision of community recreational areas whether public or private will need to be provided concurrently with increased densities. The local planning authority will seek to ensure that sufficient lands are located within or in proximity to this locality for the development of a public amenity area or areas, which will serve the recreational needs of the area. In such cases Government owned lands will first be considered. POLICY CSG SA 1 The planning authority will identify and seek to the acquisition of lands in suitable locations within the Constant Spring Gardens Local Planning Area to facilitate the development of public amenity areas to include public open spaces. POLICY CSG SA 2 All lots within the Constant Spring Gardens Local Planning Area that may from time to time be identified for public open spaces, or for amenity areas within developments, shall be developed only for such use. POLICY CSG SA 3 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. POLICY CSG SA 4 Structures or uses that do not complement the recreational use of lots provided for such activities will not be allowed on any public open space or amenity area. Institutional The rapid development of the area has resulted in inadequacies in the provision of social facilities required by residents for their social well-being. Residents rely on adjoining areas to access some of the social amenities they require. POLICY CSG SA 5 Schools may be allowed at appropriate locations and should not negatively affect the residential amenity of the area. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 355 POLICY CSG SA 6 Building heights for new schools should not exceed (one) 1 storey for basic schools and three (3) storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines of the Ministry of Education which may be developed from time to time. POLICY CSG SA 7 Development of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area. POLICY CSG SA 8 Building heights for residential institutional uses shall be in keeping with the height and density zoning for the locality and should not negatively affect the amenity of the area. POLICY CSG SA 9 The multiple use of public facilities will be encouraged. URBAN ECONOMY Commercial activity in the Constant Spring Gardens Local Planning Area is minimal. However economic activities occur in a linear manner along Dunrobin Avenue, the southern section of Constant Spring Road and at the intersection of Red Hills Road and Elizabeth Avenue, all of which are in walking distance of the local planning area. While providing for the economic development of the area and the provision of land for employment opportunities it is also important to protect the interior residential lots from activities or uses which may become a nuisance for residents and compromise the residential character and amenities of the area. POLICY CSG UE 1 Commercial and office uses will only be permitted one lot deep along Red Hills Road and Constant Spring Road and on the northern side of Dunrobin Avenue and as indicated on Inset Map No. 3. POLICY CSG UE 2 Applications comprising mixed residential and compatible non-residential uses may be considered on lots zoned for office or commercial use. At no time should the non-residential component exceed 40% of the floor area. POLICY CSG UE 3 For areas zoned for commercial uses, the following standards shall apply: (i) Buildings shall not exceed four (4) storeys with floor area ratio of 1:1 and a plot coverage of up to 50% along Red Hills Road and Constant Spring Road, and on the northern FIFITH SCHEDULE, contd. 356 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 side of Dunrobin Avenue. In all other areas heights should not exceed two (2) storeys with floor area ratio of 0.5 and site coverage of 331/ 3 %. (ii) Buildings may maintain a zero lot line except where they adjoin residential buildings to and the front in accordance with road reservations to the satisfaction of the planning authority. POLICY CSG UE 4 For areas zoned for office uses, the following standards shall apply: (i) Buildings shall not exceed four (4) storeys with floor area ratio of 1:1 along Red Hills Road and Constant Spring Road, and on the northern side of Dunrobin Avenue in all other areas heights should not exceed two (2) storeys; (ii) Side—1.5m (5 feet) setback from eaves of building; (iii) Rear—3m or 15% of the width of the lot, whichever is greater; (iv) Front—in accordance with road reservations to the satisfaction of the planning authority. POLICY CSG UE 5 Where non-residential development adjoins residential uses the planning authority may vary setback, height and other relevant requirements or standards in order to safeguard residential amenities. POLICY CSG UE 6 Where non-residential uses are contemplated on lots zoned for residential use, the development shall not exceed two (2) storeys in height, floor area ratio of .5 and site coverage up to 50%. POLICY CSG UE 7 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 357 Industrial In order to prevent the intrusion of industrial uses within the Constant Spring Gardens Local Planning Area, the planning authority will not support industrial activities in areas not zoned for such activity. Where they are allowed to operate in areas zoned for office and or commercial uses their daily operations must not cause detriment to the amenity or character of their surroundings. POLICY CSG UE 8 Light Industrial uses may be permitted on lots zoned for office and commercial use as outlined on Inset Map No. 3 and will be assessed on their own merit. WASTE TREATMENT AND DISPOSAL Sections of the Constant Spring Gardens Local Planning Area are serviced by the National Water Commission’s (NWC) central sewerage system. POLICY CSG WT 1 For new buildings or extensions in areas without central sewage the sewage treatment facilities proposed must treat sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the National water Commission. POLICY CSG WT 2 In sewered areas within the Constant Spring Gardens Local Planning Area all new developments within a reasonable proximity as determined by the National Water Commission should connect to the public central sewage system. POLICY CSG WT 3 Notwithstanding original conditions of approval, to protect the environment, it is expected that on the introduction of central sewage all developments should connect to the public central system within a reasonable time as determined by the National Water Commission. CROSS ROADS LOCAL AREA PLAN Description Cross Roads is a well-established business district/node midway between the central business district of Downtown, Kingston and Halfway Tree Regional Centre/ Local Planning Area. Cross Roads is approximately 2.7 kilometres north and 2.3 kilometres southeast of Downtown and Halfway Tree respectively. The local planning area also abuts the south of the New Kingston Local Planning Area/ economic zone. FIFITH SCHEDULE, contd. 358 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 The local planning area, as described in the First Schedule, extends from Oxford Road/Halfway Tree Road intersection in the north to Torrington Road/Kingston and St. Andrew Parish Border in the south and Rousseau Road/Retirement Road intersection in the west and Caledonia Avenue/Camp Road intersection in the east. The area encompasses approximately 204.06 hectares of land with Office/Commercial being the dominant land use and Residential closely behind. The average lot size in this local planning area is 0.4 hectares. This local planning area has experienced significant growth over the years and has become an economic zone within Kingston and St. Andrew, which offers a wide range of services to include educational, financial, retail, professional, health and recreational among others. Residential uses which are generally found in the interior accounts for only approximately 19.7% of the overall land uses. The existing housing stock is old and or dilapidated and is in need of refurbishing or replacement. Data from the Statistical Institute of Jamaica (STATIN) indicated that Cross Roads had a population of 4,388 persons in 2001; the population decrease to 3,370 persons in 2011. The population decreased by 23.2% between 2001 and 2011, indicative of a 2.61% growth rate per annum for the intercensal period. Using these figures the population is expected to decrease to approximately 2,039 in 2030. Currently the economically reliable population stands at 2715. TRANSPORTATION Public transportation within the Cross Roads Local Planning Area is provided by the Jamaica Urban Transit Company Ltd. (JUTC), National Transport Co-op Society (NTCS), route and chartered taxis and privately owned motor vehicles. The public operators ply the major thoroughfares linking Cross Roads to other development nodes such as Downtown, Halfway Tree and New Kingston, as well as other communities located within the Kingston and St. Andrew Development Order Area. Unlike in Halfway Tree there is no Public Transportation Centre in Cross Roads. Public passenger vehicles set down and pick up passengers in the following designated areas, Caledonia Place, Caledonia Crescent, Lewars Crescent and on Slipe Road in the vicinity of the post office and the Carib car park. This activity is a major contributor to traffic congestion on a daily basis as buses, taxis and commuters contribute to the obstruction of free traffic flow in this heavily trafficked section of the local planning area and several accidents have occurred in the environs. It is both dangerous and chaotic for motorists and pedestrians to traverse these roadways during peak hours. POLICY CR T 1 In order to reduce the congestion along major roadways in Cross Roads, lands have been reserved to the south of the Texaco service Centre and the Old King Burger FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 359 Site for a public transportation centre as identified on the Cross Road Local Planning Area Land Use Proposal Map (Inset No. 4). POLICY CR T 2 The planning authority will support the development of a public parking facility on lands near to and adjoining the Cross Roads market (in the vicinity of Brentford Road) as identified on the Cross Road Local planning area Land Use Proposal Map (Inset No.4) to facilitate westbound route taxis and buses. It is the intention of this Order to facilitate increased use of the public transportation system. This will include the coordination of routes and land uses which allows ease of access from residences to major economic nodes and the facilitation of pedestrian links between major nodes. While the Cross Roads local planning area is already well served by public transport, the planning authority will seek to ensure the expansion of public transport routes to better serve the area as seen fit. POLICY CR T 3 The planning authority will seek to have public transport routes extended to areas which may be identified from time to time routes within the Cross Roads Local Planning Area. Vehicular Parking Several roads in the Cross Roads Local Planning Area including Old Hope Road, Halfway Tree, Slipe Road, Marescaux Road, Caledonia Avenue, Caledonia Crescent and Retirement Road become congested during peak hours. These roadways are heavily used by motorists and pedestrians. In addition there is on street parking along some of these roadways which further limit the movement of traffic. These transportation routes serve as major arterial roads linking the Cross Roads to the business nodes of Downtown and Halfway Tree, and other outlying areas. Similar to other sections in the urbanized area of Kingston and St Andrew, adequate parking provision for vehicles by businesses has become a major problem. A limited number of parking spaces are provided by developers of offices, commercial developments, light industrial and institutional uses within the area but this cannot fill the demands. POLICY CR T 4 The planning authority will ensure that all developments provide the required parking allotments within the curtilage of the development site as outlined in Appendix 7 of this Order. FIFITH SCHEDULE, contd. 360 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY CR T 5 The planning authority will not normally support proposals for new development or extensions unless the required number of parking spaces on site are provided or unless such provisions can be met on property in proximity which is owned by the developer or in which he has legal interest. Only the remainder of the property can be developed and any development on such property will have to provide separate parking from that used for the previous development. POLICY CR T6 The planning authority will facilitate the provision of additional parking spaces and facilities in the Cross Roads Local planning area including multi story parking facilities and other offsite parking facilities. Landscaping significantly improves the appearance of commercial parking lots and should be provided on these lots. Landscaped islands break up large expanse of asphalt, while shade trees add a third dimension to maintain a pedestrian scale. Islands should be large enough and the soil uncompressed and treated to provide a healthy habitat for trees and other plants. POLICY CR T7 All commercial car parks should have at least ten per cent of the asphalted area landscaped with ornamental trees to the satisfaction of the planning authority. POLICY CR T8 All new developments having outdoor parking lots shall make use of green and or permeable parking surface techniques. Roads The road network in Cross Roads is an important section of the road network within Kingston and Saint Andrew as it links Cross Roads to other major business areas in such as Downtown, Halfway Tree, Liguanea and New Kingston. This road network is expected to carry all classes of vehicles and must be managed properly to satisfy the requirements and conditions for public transport, private cars, pedestrians and cyclists. Widening of existing roadways to accommodate future increases in traffic volumes may be compromised by development activity which does not adequately provide for this at the outset. POLICY CR T9 Development proposals shall be adequately setback from road boundaries as indicated in Appendix 5 and 6 to allow for road widening improvements including provisions for sidewalks, widening and street-scaping. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 361 Walking is the most basic mode of travel and is a fundamental part of the transportation system. It offers opportunities to promote good health, social well being, personal independence and mobility, while minimizing negative environmental impacts. It is the intention of this Order to facilitate the development of a transportation system which is pedestrian friendly and public transportation oriented. It is therefore imperative that transport facilities such as sidewalks, pedestrian crossings, lighting, street furniture and the placement of utility infrastructure positively influence the decision of whether or not to walk. This also improves the perceived safety of the route, and the comfort and convenience of walking versus an alternative mode. In this regard, POLICY SP T13 should be consulted in conjunction with the following policy. POLICY CR T10 The planning authority will seek to ensure that adequate provisions are made for pedestrians which improve the walking conditions within the Local planning area. POLICY CR T11 The local planning authority will seek to ensure that within the planning area all intersections and roadways are equipped with ramps and proper lighting to give visibility to motorists and all pedestrians including disabled persons. HOUSING Residential units in the Cross Roads Local Planning Area are mainly single family detached type units. There are however, a small number of apartment/ townhouse developments within the area. According to STATIN of Jamaica Population and Housing Census 2011, there were approximately 1,320 dwelling units in 2001 compared to 1,405 dwelling units in 2011. Nevertheless, the Average household size decreased from 3.2 persons per household in 2001 to 2.6 persons per household in 2011. Additionally, the density decreased from 21.5 persons per hectare in 2001 to 16.5 persons per hectare in 2011. POLICY CR H 1 Multi-family development may be permitted on parcels of land which are 0.2 hectares (½ an acre) and over in area. Developments may be considered on smaller parcels of land once the required planning guidelines can be met to the satisfaction of the planning authority and will be considered on their own merit. With the growing demand for additional housing units in Kingston and St. Andrew due consideration will be given to increasing multi-family developments in the local planning area and high level intensification will be considered where FIFITH SCHEDULE, contd. 362 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 appropriate. In an effort to safe guard privacy for residents and ensure adequate lighting and ventilation, adherence to the standards for setbacks will be upheld. Architectural treatments to enable privacy that do not detract from the aesthetics of the building or the character of the area will also be encouraged. POLICY CR H 2 The following density ranges shall apply: (i) Density shall not exceed 250 habitable rooms per hectare (100 habitable rooms per acre) in areas as indicated on Figure 7 with building heights not exceeding 6 floors. (ii) Density shall not exceed 375 habitable rooms per hectare (150 habitable rooms per acre) in areas as indicated on Figure 7 with building heights not exceeding 10 floors. POLICY CR H 3 Minimum setbacks from property boundaries for apartment/townhouse development 125 hr/h (50 hr/a) and over: (i) 1.5 metres from the sides per floor to a maximum of 4.5 metres; (ii) 1.5 metres from the rear per floor to a maximum of 4.5 metres; (iii) the front boundary should be in keeping with the existing building line or as stipulated by the Road Authority. POLICY CR H 4 New multi-family developments shall provide amenity area in accordance with the stipulations in Appendix 10 of this Development Order. POLICY CR H5 A mix of housing types including starter units and semi-detached units for low income earners may be permitted in suitable locations. The prevention of future intrusion of un-neighbourly non-residential uses into the Cross Road Local Planning Area, residential neighbourhood is a priority. The removal of uses that create a nuisance to the enjoyment of residential amenities will be necessary to improve and maintain the amenity of residential areas. POLICY CR H 6 The planning authority will not normally support non residential development on lots zoned for residential uses. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 363 POLICY CR H 7 Proposals for change of use of a residential property to a non-residential use will be considered only if the non-residential activity is normally carried out in the day time and the amenity privacy and enjoyment of neighbouring dwellings is not adversely affected. SOCIAL AMENITIES Residents of the Cross Roads Local Planning Area require access to certain basic social facilities and amenities in order to enjoy a balance healthy lifestyle and improve their standard of living. Such facilities include health services, educational facilities, post offices, parks, fire services, libraries community centres among others. POLICY CR SA 1 Developments that would decrease or eliminate any of the social facilities required by resident of the area will not be supported unless they are being replaced with a similar facility of equal or greater stature in the immediate neighbourhood. POLICY CR SA 2 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. POLICY CR SA 3 The multi-use of existing social facilities for other compatible uses will normally be supported by the planning authority provided the requirements for existing uses are not compromised and the proposals would not be out of character with the area. POLICY CR SA 4 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines of the Ministry of Education which may be developed from time to time. POLICY CR SA 5 Development of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area. POLICY CR SA 6 Building heights for residential institutional uses shall be in keeping with the allowable height and density guidelines for the locality and should not negatively affect the amenity of the area. FIFITH SCHEDULE, contd. 364 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Recreation Area and Open Spaces It is the intention of this Order to provide for increased residential densities in this local planning area however, at present public open space is lacking. The provision of adequate public amenity area for the enjoyment of residents is critical to the sustained orderly residential development of the Cross Roads Local Planning Area. Hence, the local planning authority will seek to ensure that lands are located within this locality for the development of a public amenity area or areas in suitable locations. In such cases Government owned lands will first be considered. POLICY CR SA 7 The planning authority will seek to identify and or acquire lands in suitable locations within the Cross Roads Local Planning Area to facilitate the development of public amenity areas POLICY CR SA 8 All lots within the Cross Roads Local Planning Area that may from time to time be identified and zoned as public open spaces shall be developed only for such use and areas of high amenity value will be protected. Carib Cinema The Carib Cinema is a landmark building in the Cross Roads business district and the wider Kingston and St. Andrew. It provides an avenue for entertainment and recreation for the general public and has been essential to the cultural life of the people of the corporate area. There is merit for the facility to be included in the Jamaica National Heritage Trust buildings of historical/archaeological importance. POLICY CR SA 9 Based on the historical/architectural value of the cinema priority shall be given to the preservation and adaptive reuse of the facility, planning permission will not be granted for developments which will result in the alteration of the design and character, of this structure without the approval of the JNHT. URBAN ECONOMY Cross Roads is one of the main commercial centres in Kingston and St. Andrew that provides jobs in the commercial, industrial and service sectors. There are several large banks, industries, offices and a range of stores selling a variety of goods. Special attention will be paid to further diversification of the economy and the creation of more jobs so that there can be sustained and balanced development of the local planning area. POLICY CR UE 1 The planning authority will support office and commercial developments in areas identified for such use on the Land Use Proposal Map; provided that FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 365 such development have no adverse impacts on the site to be developed or on neighbouring sites or developments in the area. POLICY CR UE 2 The planning authority will support the extension of business premises, provided the amenity of occupiers of neighbouring properties and visual amenity are safeguarded and there would be no adverse effects on the area. POLICY CR UE 3 Proposals for change of use of property in residential areas to office uses or a mix use of residential and office use will be considered having regard to the effect of the proposal on the amenity and character of the surrounding area. The market plays an important role in the economy of the local planning area; and provides an outlet for agricultural produce, haberdashery products and dry goods. Although it is not enjoying the dynamism of former years, it should be protected for the welfare and convenience of the residents in the area. POLICY CR UE 4 The planning authority will support the upgrading of the Cross Roads Market to make the market experience a more pleasurable and worthwhile one for both vendors and customers. Mixed use development/planned unit development where residential and commercial activities adjoin each other will be encouraged. This will enable buildings to be used to their full potential and adds to the night life of the area when most activities cease operations. POLICY CR UE 5 The planning authority will encourage mixed use development where this is appropriate in the Cross Roads Local Planning Area, and will at all times ensure the residential amenities and areas of environmental importance are protected. The disabled are often not taken into consideration in the design of developments and therefore find it difficult to access many buildings. Sometimes when they do have access they are unable to use the facilities provided. When new developments take place the planning authority will ensure that adequate provisions are made for the disabled. POLICY CR UE 6 Developments open to the public or used for employment or educational purposes shall provide adequate access and facilities for persons with disabilities. FIFITH SCHEDULE, contd. 366 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 In an effort to encourage urban renewal in this local planning area the local planning authority may consider development proposals including building higher than four storeys once the planning requirements can be met to the satisfaction of the relevant authorities. POLICY CR UE 7 Commercial and office buildings should not normally exceed four (4) storeys; where the planning can be satisfactorily met a maximum of six (6) storeys may be considered. POLICY CR UE 8 For lots zoned for commercial uses, the following standards shall apply: (i) Buildings shall not normally exceed four (4) storeys in height with floor area ratio of 1:1, plot coverage up to 50%; (ii) Buildings may maintain a zero lot line except to the front in accordance with road reservations to the satisfaction of the planning authority. POLICY CR UE 9 For lots zoned for office uses, the following standards shall apply: (i) Buildings shall not normally exceed four (4) storeys in height with floor area ratio of 1:1, plot coverage up to 50%; (ii) Buildings may maintain a zero lot line except to the front in accordance with road reservations to the satisfaction of the planning authority. POLICY CR UE 10 Where non-residential development adjoins residential uses the planning authority may vary setback, height and other relevant requirements or standards in order to safeguard residential amenities. POLICY CR UE 11 The amenities of residential uses located in areas zoned for office or commercial uses will as far as practically possible, be safeguarded. INDUSTRIAL There are several industrial uses within the Cross Road Local Planning Area. Notwithstanding, their likely impact on nearby residential amenity the existence of these activities is important to the diversification and sustenance of Cross Road’s economy. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 367 POLICY CR UE 12 Light industrial developments which are compatible with the general character of the area may be considered in areas zoned for office or commercial use as outlined on the Cross Road Land Use Proposal Map (Inset Map No. 4) and will be considered on their own merit. ADVERTISEMENT GUIDELINES Outdoor advertising is a major element of commercial activities, as it disseminates information. However, the local planning authority should control advertisements in the interests of amenity and public safety. Additionally, advertisers/advertisements must contribute positively to the character and appearance of an area. The relevant polices contained in the Control of Advertisement section and Appendix 18 of this Order shall apply in this local planning area. POLICY CR CA 1 Signs adhering to the guidelines set out by regulations will only be permitted by the planning authority in areas where they do not distract road users, cause clutter or become unsightly and detract from the character and appearance of the area. In the economic nodes located in the Cross Roads Local Planning Area and its environs, the planning authorities will pay due regard to the particular need to ensure that advertising displays on frontages and street furniture do not detract from the character and appearance of the area. POLICY CR CA 2 Signs and advertisement must be well designed and sensitively located within the street scene. The planning authority will have regard to the circumstances of each case and the interest of amenities and public safety. A higher mounting height can also be considered at designated signage nodes. This is to create a more dynamic streetscape and add to the vibrancy of the key nodes, which are locations of high pedestrian traffic. Static and non-reflective advertisement signs, which include projected light images, can be allowed up to the full building height on the building corners fronting strategic road junctions. These signage proposals will be evaluated and supported, on a case-by-case, based on their design merits and in relation to any potential hazards to the adjacent building uses. POLICY CR CA 3 The local planning authority will support the placement of advertisement on commercial and other office buildings in accordance with the advertisement regulations. FIFITH SCHEDULE, contd. 368 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY CR CA 4 Signs on shop fronts may not be placed above the ground floor and normal fascia level. The planning authority will have regard to the circumstances of each case and the interest of amenities and public safety. WASTE TREATMENT AND DISPOSAL Sewage Disposal Less than half of the Cross Roads Local Planning Area is serviced by the National Water Commission’s (NWC) central sewerage system. Many of the existing developments dispose of sewage via septic tanks and absorption pits. Plans for the extension of central sewage to the remaining areas are not slated before 2020. POLICY CR WT 1 For new buildings or extensions in areas without central sewage the treatment facilities proposed must treat sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the Natural Resources Conservation Authority. POLICY CR WT 2 In sewered areas within the Cross Roads Local Planning Area all new developments within a reasonable proximity as determined by the National Water Commission should connect to the public central sewage system. POLICY CR WT 3 Notwithstanding original conditions of approval, to protect the environment, it is expected that on the area having central sewage all developments should connect to the system within a reasonable. Solid Waste Disposal There is scheduled domestic garbage collection by the National Solid Waste Management Authority (NSWMA) within the Cross Roads Local Planning Area. Non domestic waste is primarily collected by private contractors. POLICY CR WT 4 The planning authority will ensure that all new and proposed extensions to developments make provisions for the storage and collection of waste within the curtilage of the development. POLICY CR WT 5 The planning authority will ensure that facilities for the separation, and recycling of waste are provided in suitable locations in new and proposed extended developments. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 369 POLICY CR WT 6 Onsite waste storage areas must be suitably constructed and located in order to facilitate safe access for the disposal and collection of refuse. EASTWOOD PARK GARDENS LOCAL AREA PLAN Description Eastwood Park Gardens is located in the Parish of St. Andrew on the Liguanea Plains. The planning area is bounded by four major arterial roads namely Eastwood Park Road to the east, Red Hills Road to the north, Molynes Road to the south, and Cassia Park Road to the west. Eastwood Park Gardens abuts the major commercial node of Halfway Tree and is regarded to be a centrally located residential community. The local planning area however, is one that is in transition and is comprised of mainly single family residential type developments which initially ranked among Kingston’s distinctly middle-class communities where civil servants, teachers and nurses lived. However, there has been an influx of non-residential uses emanating from the major arterial roads which bound the local planning area, particularly Eastwood Park Road and Molynes Road with an influx of non-conforming office, commercial and light industrial uses. The majority of the residential lots are located throughout the north-western and western sections of the community with offices and commercial activities dominating the south and eastern sections along Eastwood Park Road, Red Hills Road and Molynes Road. Data from the Statistical Institute of Jamaica (STATIN 2011 and 2001) indicated that the Eastwood Park Gardens had a population of 1,755 persons in 2001; the population decreased to 1,317 persons in 2011 representing a 25% decrease during the intercensal period or at a rate of 2.5 percent annually. Using these figures the population is projected to decrease to 1,022 in 2021 and further decrease to 814 by 2030. However, in an attempt to encourage and preserve residential development in this area it has been identified as one of several special areas within the Kingston Metropolitan Area for increased densities. A major objective of the Kingston and St. Andrew Parish Development Order is to provide for the orderly and progressive development of that area described as the Eastwood Park Gardens Local Planning Area in the First Schedule of this Order. TRANSPORTATION The main modes of transportation in the Eastwood Park Gardens Local Planning Area are by way of public and private passenger motor vehicles, cycling and walking. FIFITH SCHEDULE, contd. 370 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Public Transportation Public transportation is made available to the local planning area by public passenger vehicle operators such as the Jamaica Urban Transit Company Limited and its sub franchises along with both route and hackney carriages and chartered taxi companies. The community is located in proximity to the Halfway Tree Transportation Centre to the south, which is a major transportation hub for the JUTC’s operations within the Kingston Metropolitan Transit Region. While there are no routes that traverse the interior of the local planning area there are a number of bus stops located along Molynes Road, Eastwood Park Road and Red Hills Road to allow for the picking up and setting down of the commuting public. It is the intention of this Order to facilitate increased use of the public transportation system. The Eastwood Park Gardens Local Planning Area has been identified as an area for higher residential development densities hence it will be important to ensure that public transport routes and land uses are coordinated. This is essential to allow for ease of access from residences to major economic areas and the facilitation of pedestrian links between major areas. The planning authority will make provision for the expansion of public transport routes to better serve the area as seen fit. POLICY EPG T 1 The planning authority will make provision for public transportation routes to be extended with the appropriate ancillary facilities along designated roads which may be identified from time to time within the Eastwood Park Gardens Local Planning Area. Vehicular Parking and Traffic The planning area by virtue of being originally a residential community lacks sufficient public parking facilities which has resulted in instances of on street parking in some areas. This has generally caused hindrances to traffic flow and circulation especially during peak hours. Traffic congestion can be observed along the four major corridors along the periphery during peak hours but is less prevalent within the interior. There is however, an increasing trend for non-residents to use the interior roads such as Dumbarton Avenue, Westminster Road and Lower Sandringham Avenue to bypass traffic along the congested exterior thoroughfares. The parking standards and guidelines contained in Appendices 7 and 9 and Figures 2-4 will apply in this local Planning Area. POLICY EPG T 2 To mitigate congestion along the main thoroughfares and facilitate the smooth flow of traffic, the planning authority will not support on-street parking along Eastwood Park Road, Red Hills Road, Molynes Road and Cassia Park Road. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 371 The provision of adequate parking facilities within the urban areas of Kingston and St. Andrew has become an increasing problem. In sections of the Eastwood Park Gardens Local Planning Area, which are zoned for office, commercial and light industrial uses it is imperative that sufficient parking provisions are made in order to ensure that the residential amenities of residential properties in proximity to these uses are maintained and traffic flow is not compromised. POLICY EPG T 3 The planning authority will not normally support proposals for any new development or extensions within the local planning area unless the developer provides the required number of parking spaces on site, including parking for the disabled, as per Development Order or unless such provisions can be met in proximity to the development to the satisfaction of the planning authority. POLICY EPG T 4 Where new developments are proposed in proximity to transportation hubs under extenuating circumstances the authority may be willing to consider varying parking requirements on a case by case basis. In areas zoned for commercial and office use, the planning authority will encourage the location of buildings closer to the front of the property in order to discourage parking to the front, increase the human scale and encourage pedestrian friendliness. Landscaping significantly improves the aesthetics of parking areas, and by minimising the percentage of paved surfaces there is the added benefit of lessened storm water runoff, reduced localized flooding and reduction in the effects of the urban heat island. POLICY EPG T 5 All new developments having outdoor parking lots shall make use of green parking surface techniques incorporating permeable materials. POLICY EPG T 6 The planning authority will ensure that parking lots are sufficiently landscaped (accounting for at least 10 per cent of total lot area), to the satisfaction of the local planning authority. POLICY EPG T 7 The planning authority will seek to ensure that parking lots are placed to the rear of developments where possible, to increase the aesthetics of the area. Road Network and Infrastructure The Eastwood Park Gardens Local Planning Area is bounded by four major corridors which are constantly accommodating high volumes of traffic on a daily basis. It may become necessary for improvements to the existing road network to FIFITH SCHEDULE, contd. 372 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 accommodate future growth and development in the area. Molynes Road, Eastwood Park Road and Red Hills Road are subject to road widening proposals as outlined on the Road Reservation Map in Appendix 5 or Figure 8. It is therefore important to have developments adequately setback to accommodate these improvements. POLICY EPG T 8 The planning authority will seek to ensure that road widening proposals for Molynes Road, Eastwood Park Road and Red Hills Road are undertaken as outlined in Appendix 5. POLICY EPG T 9 Development proposals shall be adequately setback from road boundaries as indicated in Appendix 5 and 6 to allow for road widening improvements including provisions for sidewalks, widening and street-scaping. POLICY EPG T 10 The planning authority will seek to ensure that adequate provisions are made for pedestrians including the disabled which improve the walking conditions within the local planning area. HOUSING The Statistical Institute of Jamaica 2011 Population and Housing Census revealed that there were 583 households in Eastwood Park Gardens compared to 589 households in 2001. The residential population also recorded a decrease during the intercensal period representing approximately 25 per cent. This decrease has been consistent over the last 15 years primarily due to the influx of non-residential uses within the local planning area. The major housing type in the area is single-family housing units situated on residential lots of an average size of 0.1 hectare. The proximity of the Eastwood Park Gardens Local Planning Area to the commercial areas of Halfway Tree, New Kingston and Downtown and ease of access to public transport makes this area suitable for higher levels of residential densities which supports the efficient utilization and provision of social services and public utilities. Apartments and townhouses will be allowed in areas zoned for residential use which satisfies all planning criteria on parcels of land with a minimum area of 0.1 hectare (¼ acre). POLICY EPG H 1 Multi-family (apartments/town house) development may be permitted on parcels of land which are 0.1 hectare (¼ an acre) and over in area which adhere to the required planning standards as outlined in this Order for such developments. POLICY EPG H 2 Density shall not exceed 250 habitable rooms per hectare (100 habitable rooms per acre) on a minimum lot size of FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 373 0.1 hectare (¼ acre), with building heights not exceeding six (6) floors. POLICY EPG H 3 Minimum setbacks from property boundaries for apartment/townhouse development: (i) 1.5m from the sides per floor up to a maximum of 4.5 metres; (ii) 1.5m from the rear per floor up to three (3) floors; (iii) the front boundary should be in keeping with the existing building line or as stipulated by the local authority. POLICY EPG H 4 The amalgamation of smaller residential lots to allow for multi-family development will be encouraged where the individual lot does not meet the minimum size required for multi-family development. POLICY EPG H 5 The planning authority may grant development incentives for infill development at suitable sites within the local planning area. POLICY EPG H 6 New multi-family developments (apartment/ townhouse) shall provide amenity areas either on site or in proximity to the development at the rate stipulated in Appendix 10 of this Development Order. It is essential that future intrusion of incompatible non-residential uses into the Eastwood Park Gardens Local Planning Area be prevented. The removal of incompatible uses that create a nuisance to the enjoyment of residential amenities will also be undertaken. Mixed uses must not compromise health, safety and well being and should not diminish the enjoyment of the residential amenity of the area. POLICY EPG H 7 The planning authority will not normally support non residential development on lots zoned for residential uses. POLICY EPG H 8 Where non-residential development adjoins residential uses the planning authority may vary setback, height and other relevant requirements or standards in order to safeguard residential amenities. POLICY EPG H 9 Proposals for change and or retention of use of a residential property to a non-residential use will only be permitted if the non-residential activity is compatible with the residential amenities of the area. FIFITH SCHEDULE, contd. 374 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 SOCIAL AMENITIES The local planning area has few of the required basic social amenities, primarily education and churches. These amenities over time may need to be expanded, upgraded and improved to meet the demands of the present and any future increase in the local population to satisfy residential needs. Recreation Area and Open Spaces It is the intention of this Order to provide for increased residential densities in this local planning area. At present there is no public open space or amenity area for residents within the locality. However, the privately owned Melbourne Cricket Club is located within this local planning area. The provision of adequate public amenity area for the enjoyment of residents is critical to the sustained orderly development of the community. At present approximately 5.8 hectares (14.5 acres) of land would need to be provided to satisfy the recreational needs of the existing population. The local planning authority will therefore seek to ensure that lands are secured within this locality or areas in suitable locations for the development of a public amenity area. In such situations Government owned and or acquired lands will first be considered. POLICY EPG SA 1 The planning authority will seek to identify lands in suitable locations within the Eastwood Park Local Planning Area to facilitate the development of public amenity areas. POLICY EPG SA 2 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. POLICY EPG SA 3 In all new housing developments, land is to be provided for open space and other amenity purposes at the rate set out in Appendix 10 and such lands can either be for active or passive recreational purposes. Institutional The Eastwood Park Gardens Local Planning Area currently has twelve (12) educational institutions located throughout the community. These range from basic to primary level institutions including the Halfway Tree Primary School which is presently above capacity. Residents also have access to several places of worship and religious instruction within Eastwood Park Gardens. In addition to the direct access to these facilities, the residents have access to a wide array of institutions in proximity to their community. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 375 POLICY EPG SA 4 Schools and places of public worship and religious instruction may be allowed at appropriate locations and should not negatively affect the residential amenity of the area. POLICY EPG SA 5 Building heights for new schools should not exceed (one) 1 storey for basic schools and three (3) storeys for primary and high schools. POLICY EPG SA 6 Building heights for new places of worship or religious instruction shall not exceed three (3) storeys. POLICY EPG SA 7 Building heights for residential institutions shall not exceed three (3) storeys. POLICY EPG SA 8 The multiple uses of public facilities will be encouraged. URBAN ECONOMY Given its location in proximity to the commercial district of Halfway Tree, Eastwood Park Gardens has been greatly affected by increases in the levels of commercial and office uses particularly along the outskirts of the community. This growth of non-residential uses has occurred in a linear pattern predominantly along three of the four main arterial roads namely Red Hills Road, Eastwood Park Road and Molynes Road. Additionally, there are some encroachments of non-residential and incompatible land uses inwards in sections of the community with these being dominated by light industrial activities. As this trend continues care has to be taken to ensure that this conversion of residential properties to non-residential uses does not adversely affect the residential amenities of the community. POLICY EPG UE 1 Office and Commercial uses will only be permitted on lots so designated on the Eastwood Park Gardens Land Use Proposal Map Inset No. 5. POLICY EPG UE 2 Mixed uses, in which residential, office and other uses are proposed to occur on the same lot, may be supported by the planning authority where the proposed development is compatible with the amenities of the area. POLICY EPG UE 3 For commercial and office uses, the following standards shall apply: (i) Buildings shall not exceed three (3) storeys in height; (ii) Buildings may maintain a zero lot line except to the front in accordance with road reservations and where they adjoin residential developments to the satisfaction of the planning authority; FIFITH SCHEDULE, contd. 376 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (iii) Floor area shall not exceed 1:1 and buildings should have up to 50% lot coverage. POLICY EPG UE 4 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. Industrial The proximity of Eastwood Park Gardens to the commercial hub of Halfway Tree has resulted in the proliferation of several industrial activities throughout the community. The Eastwood Park Gardens Local Planning Area has experienced a one hundred 100% increase in such activities over the last ten (10) years with such activities being observed on most roads within the community. This has resulted in the residential characteristics of Eastwood Park Gardens being compromised. While some industrial activities can be considered compatible with the residential amenity, heavy and noxious industries will not be allowed in the area. Light industrial activities such as garment manufacturing and printing etcetera will be supported at appropriate locations throughout the planning area. Where light industrial uses are permitted in office or commercial areas their operation must be such that it does not negatively affect the amenity of neighbouring lots. POLICY EPG UE 5 Light industrial activities will only be permitted on lots designated for such uses on the Eastwood Park Gardens Land Use Proposal Inset Map No. 5. POLICY EPG UE 6 Light industrial activities may be permitted on lots zoned for office and commercial uses one lot deep along Red Hills Road, Cassia Park Road, Eastwood Park Road and Molynes Road and will be assessed in such cases on their individual merit. POLICY EPG UE 7 Industrial buildings should not exceed: (i) Two (2) storeys in height; (ii) Floor area ratio of 0.5; (iii) Site coverage of 331/ 3 %. ADVERTISEMENT GUIDELINES Advertisements are vital to businesses operating within and around the Eastwood Park Gardens Local Planning Area and are an important medium in disseminating information of such. However, measures are needed to ensure that the character and appearance of the area is not compromised. Guidelines are set by the regulations FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 377 advertisements as to the size, height and placement of the advertisements; however their location and appearance throughout the local planning area will need to be addressed. POLICY EPG CA 1 Signs adhering to the guidelines set out by regulations will only be permitted by the planning authority in areas where they do not distract road users, cause clutter or become unsightly and detract from the character and appearance of the area. POLICY EPG CA 2 Signs and advertisement must be well designed and sensitively located within the street scene. The planning authority will have regard to the circumstances of each case in the interest of amenities and public safety. POLICY EPG CA 3 The local planning authority will encourage the placement of advertisement on commercial and other office buildings in accordance with the local authority standards. WASTE TREATMENT AND DISPOSAL Sewage Disposal The Eastwood Park Gardens Local Planning Area is not fully covered by a central sewage system. However, sewer mains traverse the peripheral roads of Eastwood Park Road and sections of Cassia Park Road and Cassia Park Avenue. According to the National Water Commission, Eastwood Park Gardens is projected to be fully centrally sewered by 2020. It is however, expected that once the area is sewered all existing and new developments will connect to the public central sewer system within a reasonable timeframe. Initially, sewage was disposed of onsite usually by means of absorption pits. Septic tanks were later used along with absorption pits as the main method of sewage disposal. There has been increasing recognition of the effects of sewage pollution on the ground water resources of the alluvium aquifer of the Liguanea Plains. Consequently, it is the intention of the Authority to have sewage treated at least to a tertiary level in the Eastwood Park Local Planning Area. The Waste Treatment and Disposal section of this Order should be consulted and relevant policies applied along with the following: POLICY EPG WT 1 Development; including new buildings, extensions and or change of use; in areas without central sewage, must provide a waste treatment facility that treats sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the Natural Resources Conservation Authority. FIFITH SCHEDULE, contd. 378 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY EPG WT 2 In sewered areas within the Eastwood Park Gardens Local Planning Area all developments within a reasonable proximity as determined by the National Water Commission will be encouraged to connect to the public central sewage system. POLICY EPG WT 3 On the introduction of central sewage collection system in the area all developments will be encouraged to connect to the system within a reasonable time. Solid Waste Domestic solid waste is scheduled to be collected twice weekly by the National Solid Waste Management Authority (NSWMA) within the Eastwood Park Gardens Local Planning Area. Non-domestic waste such as that generated by commercial, office and industrial uses is collected by private contractors. The local planning authority will support recycling and reuse initiatives particularly with regards to commercial and office developments in order to reduce the volume of waste entering the Riverton Solid Waste Treatment and Disposal Facility and will encourage the construction of facilities to support such activities. POLICY EPG WT 4 The planning authority will ensure that all new developments make provisions for the storage and collection of waste within the curtilage of the development. POLICY EPG WT 5 The planning authority will ensure that facilities for the separation and recycling of waste are provided in suitable locations in new developments. HALF-WAY TREE LOCAL PLAN AREA Description The Halfway Tree Local Planning Area is one of the largest and busiest commercial hubs in the Development Order Area. Halfway Tree is the capital of St. Andrew and the local planning area boasts several shopping and office complexes as well as a modern transportation centre. While commercial and office activities are dominant throughout the central and southern boundaries of the local planning area, residential activities are concentrated throughout the eastern and western extents. It is adjacent to several local planning areas including the Barbican, Richmond Park and Eastwood Park Gardens. These local planning areas are linked by several corridors such as Halfway Tree Road, Constant Spring Road and Hope Road. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 379 The Halfway Tree Local Planning Area is also adjacent to the New Kingston Local Planning Area and is in proximity to the Downtown Local Planning Areas which are both major commercial hubs. It is located approximately 1 kilometre and 5 kilometres west of New Kingston and Downtown, respectively. The area is approximately 140.6 hectares with residential land use being the most dominant. The average lot size in this local planning area is 0.5 hectares. The area has been identified as a node for increased residential densities due to its services, location and access to central sewage and public transportation. According to the Statistical Institute of Jamaica, the 2011 population is 5,164 person including 3832 of these persons in the working population. The population of the Halfway Tree Local Planning Area stood at 4,321 persons in 2001 which represented an increase of 17.13 per cent based on a population of 3,689 persons in 1991. During the last inter-censual period (2001/2011) a growth rate of approximately 1.6 per cent was recorded. Assuming that this growth rate remains constant, the population is expected to be 5,928 persons in 2021. TRANSPORTATION A significant portion of the transportation services within the local planning area are provided by means of private motor vehicles but there is, however, a large percentage of person who rely on public transit. The Halfway Tree Local Planning Area is home to the new transportation centre and therefore makes it of major significance to the transportation system within Kingston and St. Andrew. This transportation centre is used by the Jamaica Urban Transit Company Ltd (JUTC) as a hub for several routes to and from Kingston and St. Andrew to the Kingston Metropolitan Region. The NTCS and individually operated minibuses also provide some transportation services. Traffic congestion is heaviest along major thoroughfares such as Constant Spring Road, Eastwood Park Road and Hope Road with the interior road network accommodating lower traffic volumes. The congestion along certain roads is due primarily to commercial and office uses along these roads, as well as the fact that they provide prime linkages to other areas such as New Kingston Business District, Three Miles, Barbican, Papine, Cross Roads, and various residential communities. Vehicular Parking The major thoroughfares bounding the Halfway Tree Local Planning Area are heavily used by motorists and pedestrians alike. During peak hours on a daily basis they are usually very congested. FIFITH SCHEDULE, contd. 380 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY HWT T 1 To avoid congestion and facilitate the free flow of traffic along Constant Spring Road, Halfway Tree, Hope Road, Eastwood Park Road, Waterloo Road and East Kings House Road, parking is to be contained within the curtilage of the development site. POLICY HWT T 2 The planning authority will ensure that all development proposals provide the required parking requirements as outlined in Appendix 7 of this Order. There are several commercial complexes which provide parking for their patrons. However several neighbouring complexes which are void of the requisite parking have patrons which use these parking lots creating problems. The provision of adequate parking spaces for commercial, office and residential developments is also critical as it affects the traffic circulation and function of the roadways. POLICY HWT T 3 The planning authority will not normally support proposals for new development or extensions unless the required number of parking spaces on site are provided, including parking for the disabled, or unless such provisions can be met on property in proximity which is owned by the developer or in which he has legal interest. Only the remainder of the property on which such parking is provided can be developed and any development on such property will have to provide its own parking. While there is major transportation centre located in this planning area, it is used only by the Jamaica Urban Transit Company Ltd (JUTC) to terminate several bus routes to and from Kingston and St. Andrew to the Kingston Metropolitan Region. There are no public parking facilities for route taxis within the Halfway Tree Local Planning Area. Taxis are parked along North Odeon Avenue in the vicinity of the Texaco Gas Station; and in areas surrounding Mandela Park and in the parking lot of York Plaza. POLICY HWT T 4 The planning authority will seek to ensure that suitable lands are identified for the purpose of a terminal facility for route taxis within the local planning area. In areas zoned for commercial and office use, the planning authority will encourage appropriate design and siting of buildings to increase the human scale and encourage pedestrian friendliness. Landscaping significantly improves the aesthetics of parking areas, and, by minimising the percentage of paved surfaces there is the added benefit of lessened storm water runoff, reduced localized flooding and reduction in the effects of the urban heat island. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 381 POLICY HWT T 5 All new developments having outdoor parking lots shall make use of green and or permeable parking surface techniques. POLICY HWT T 6 The planning authority will ensure that parking lots are sufficiently landscaped (accounting for at least 10 per cent of total lot area) and are suitably sited to increase the human scale and encourage pedestrian friendliness. Roads The road network is important in determining the quality of life and mobility of residents, as it determines the ease with which they can move about in the community and gain access to other areas. Widening and expansion work was recently done on the major thoroughfares within the local planning area. However, other existing roadways to accommodate future anticipated traffic volumes may be compromised by development activity if adequate setbacks are not incorporated in the initial phase. Sidewalks are to be considered when roads are being developed. At times they are either not provided or are not suitable for traversing by the disabled community and other vulnerable groups including children and the elderly. In this regard, POLICY SP T13 should be consulted in conjunction with the following policies. POLICY HWT T 7 Development proposals shall be adequately setback from road boundaries as indicated in Appendix 5 and 6 to allow for road widening improvements including provisions for sidewalks, widening and street-scaping. POLICY HWT T 8 The planning authority will seek to ensure that adequate provisions are made for pedestrians which improve the walking conditions within the local planning area. POLICY HWT T 9 The local planning authority will seek to ensure that within the planning area all intersections and roadways are equipped with ramps and proper lighting to give visibility to motorists and all pedestrians including disabled persons. It is the intention of this Order to facilitate increased use of the public transportation system. This will include the coordination of routes and land uses which allows ease of access from residences to public transport stops and the facilitation of pedestrian links between major nodes. To this end, the planning authority will identify routes within the Halfway Tree Local Planning Area and seek to ensure the expansion of public transport to these routes to better serve the community. POLICY HWT T 10 The planning authority will seek to ensure that public transport routes which will be identified from time to time are extended to and within the Halfway Tree Local Planning Area. FIFITH SCHEDULE, contd. 382 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 HOUSING The Halfway Tree Local Planning Area has been identified as an area for densification. The areas central location with its proximity to public transport and economic nodes makes it well suited for increased residential densities which are expected to complement the economic activities within the area. At present, there is an increasing trend to move away from single family detached units to the construction of apartment and townhouse developments in the area. With increased residential densities it is imperative that provision of stipulated amenities, parking standards, open space and other planning requirements be taken into consideration. POLICY HWT H 1 Multi-family developments may be allowed on suitable lots that are 0.2 hectares (½ an acre) and over in area. Developments may be considered on smaller parcels of land once the required planning guidelines can be met to the satisfaction of the planning authority and will be considered on their own merit. POLICY HWT H 2 Minimum setbacks from property boundaries for apartment/townhouse development housing up to 125 hr/h (50 hr/a) and over: (i) 1.5 metres from the sides per floor to a maximum of 4.5 metres; (ii) 1.5 metres from the rear per floor to a maximum of 4.5 metres; (iii) the front boundary should be in keeping with the existing building line or as stipulated by the Road Authority. POLICY HTW H 3 Density shall not exceed 375 habitable rooms per hectare (150 habitable rooms per acre) with building heights not exceeding ten (10) storeys for residential lots in areas that are connected to a central sewage system. POLICY HWT H 4 New multi-family developments (apartment/townhouse) shall provide amenity areas either on site or in proximity to the development at the rate stipulated in Appendix 10 of this Development Order. POLICY HWT H 5 The planning authority will not normally support non residential development on lots zoned for residential uses. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 383 POLICY HWT H 6 Proposals for change of use of a residential property to a non-residential use will only be permitted if the non-residential activity is compatible with the residential character of the area. SOCIAL AMENITIES Halfway Tree is a major spot for gatherings such as National events and is a general meeting point. It is where people come to shop and it is also a major transportation hub. The area has one recreational area, the Mandela Park, and is currently in proximity to sufficient public open spaces and recreation area. These facilities include Devon House, a major recreational spot for residents of Kingston and St. Andrew along with the Police Officers Club and the YMCA. Other facilities such as the Emancipation Park and the New Kingston Golf Academy are located in relative proximity to the Local planning area. Recreation Area and Open Spaces At present, the only public open space in the area is Mandela Park. There are several recreational areas in and around this Local planning area however, due to the paucity of recreational areas within the general Order area, these recreational spaces are at times over used. The local planning authority will seek to ensure that lands are secured to augment public open space and recreational areas within this locality. This should be included in the plan for a system of open and recreational spaces which serves the recreational needs of the Order area. In such cases Government owned lands will first be considered. POLICY HWT SA 1 The planning authority will identify and seek to have acquired lands in suitable locations within the Halfway Tree Local Planning Area to facilitate the development of public open space and amenity areas to satisfy the population needs. POLICY HWT SA 2 All lots within Halfway Tree Local Planning Area that are identified as public open spaces or amenity areas or that may from time to time be identified as such shall be developed only for that purpose. POLICY HWT SA 3 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. POLICY HWT SA 4 Where residential developments are permitted, amenity areas provided shall be developed only for such uses. FIFITH SCHEDULE, contd. 384 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY HWT SA 5 The planning authority will not support any uses or structures that do not complement the use of any public open space or amenity area. Institutional There are three main Educational/Institutional uses within the local planning area. The major educational institutions are the St Cecelia Preparatory School located on Surbiton Road, Priory High School and Saint Andrew Parish Church. Other major institutional uses in proximity include several churches, the Andrews Memorial Hospital on Hope Road and various private educational training institutions. POLICY HWT SA 6 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines of the Ministry of Education. POLICY HWT SA 7 The expansion of existing educational institutions will normally be supported in keeping with the development guidelines provided in this Order to the satisfaction of the planning authority. POLICY HWT SA 8 Building heights for institutional uses shall be in keeping with the allowable height and density guidelines for the locality and should not negatively affect the amenity of the area. POLICY HWT SA 9 The use of social facilities for other compatible uses will normally be supported by the planning authority provided the requirements for existing uses are not compromised and the proposals would not be out of character with the area. POLICY HWT SA 10 Development of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area. CONSERVATION OF THE BUILT ENVIRONMENT There are two main historical sites located within this local planning area namely the Halfway Tree Court House and the Saint Andrew Parish Church. The Halfway Tree Clock Tower is also a declared National Monument. The St. Andrew Court House was built in 1807 and damaged by the earthquake of 1907. It has since been restored. The St. Andrew Parish Church was founded in 1664 and is one of the FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 385 oldest churches in the country. The cemetrey associated with the church is one of the oldest in continuous use in the island. The Church and cemetrey were declared a national monument by the Jamaica National Heritage Trust in 2003; while the clock tower was declared at an earlier date in year 2000. POLICY HWT C 1 The planning authority will not support development which will destroy; and will seek to preserve; the structure and setting of monuments, historic landscape and important archaeological sites as declared by the Jamaica National Heritage Trust and/or its designate. POLICY HWT C 2 The planning authority will seek to preserve the structure and façade of buildings and structures representing period architecture and will seek to preserve the setting and amenity of surrounding grounds. URBAN ECONOMY Commercial and Office complexes are a focal point of the Halfway Tree Local Planning Area with these activities being concentrated in the western sections of the local planning area along Eastwood Park, Hope Road and Constant Spring Road. Such activities are gradually being introduced to the residential uses to the east of the local planning area. Without proper planning guidance the interior residential lots could be converted to uses which create a nuisance for residents and compromise the residential character and integrity of the area. Where lots are zoned for a mix of uses either one or a mix of the uses is allowed. POLICY HWT UE 1 For lots identified for office and commercial uses the following shall apply: (a) For commercial uses: (i) Buildings shall not exceed four (4) storeys in height in business centre. Floor area ratio for commercial uses in these locations should not normally exceed two (2) and site coverage up to 50%; (ii) Building heights for commercial uses shall not exceed two (2) storeys at all other areas with floor area ratio of 0.5 and site coverage up to 50%; (iii) Green areas should account for at least 20% of site coverage or to the satisfaction of the planning authority. FIFITH SCHEDULE, contd. 386 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (b) For office uses: (i) Buildings shall not exceed ten (10) storeys in business centre. Floor area ratio for office uses should not normally exceed two (2) and site coverage up to 50%; (ii) Building heights should not exceed four (4) storeys with floor area ratio of 0.5 and site coverage of 331/ 3 % at all other areas so identified on the Land Use Proposal Inset Map No. 6 unless otherwise specified; (iii) Green areas should account for at least 20% of site coverage or to the satisfaction of the planning authority but should not be less than that required. POLICY HWT UE 2 Light Industrial activities may be permitted at sites zoned for office and commercial uses. These will be assessed on own merit and shall not diminish the amenity of the area. POLICY HWT UE 3 New proposals comprising mixed residential and professional office may be considered along Surbiton Road, North Avenue, Central Avenue, Carvalho Drive and Waterloo Road, and must satisfy a ratio of at least 60:40 residential to office development respectively and the other requirements for such development. POLICY HWT UE 4 Where non-residential development adjoins residential uses the planning authority may vary setback, height and other relevant requirements or standards in order to safeguard residential amenities. POLICY HWT UE 5 Residential uses will be considered and encouraged on the upper floors in areas zoned for office/commercial uses. POLICY HWT UE 6 Where non-residential uses are contemplated on lots zoned for residential use, the development shall not normally exceed two (2) storeys in height, a floor area ratio of 0.5, site coverage up to 50% and should not affect the residential amenity of the adjoining sites. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 387 POLICY HWT UE 7 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. ADVERTISEMENT GUIDELINES Advertisements are vital to business and important in disseminating information. Measures are needed to ensure that the character and appearance of the area is not compromised. Guidelines are set by the regulations as to the size, height and placement of the advertisements; however their location and appearance throughout the local planning area will have to be addressed. POLICY HWT CA 1 Signs adhering to the guidelines set out by regulations will only be permitted by the planning authority in areas where they do not distract road users, cause clutter or become unsightly and detract from the character and appearance of the area. POLICY HWT CA 2 Signs and advertisement must be well designed and sensitively located within the street scene. The planning authority will have regard to the circumstances of each case and the interest of amenities and public safety. POLICY HWT CA 3 The local planning authority will encourage the placement of advertisement on commercial and other office buildings in accordance with the advertisement regulations. WASTE TREATMENT AND DISPOSAL The Halfway Tree Local Planning Area has sewer mains in most sections of the area these include Hope Road, along Eastwood Park Road and Waterloo Road. There are currently expansions plans for the northern section which is the only area that is not centrally sewered. It is expected that once areas are sewered all existing and new developments will connect to the public central sewer system within a reasonable timeframe as indicated by the planning authority or National Water Commission. Traditionally, sewage was disposed of onsite usually by means of absorption pits. Septic tanks were later used along with absorption pits as the main method of sewage disposal. There has been increasing recognition of the effects of sewage pollution on the ground water resources of the alluvium aquifer of the Liguanea Plains. Consequently, there is a determined effort to have sewage treated at least to a tertiary level in the Halfway Tree Local Planning Area. FIFITH SCHEDULE, contd. 388 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY HWT WT 1 Development; including new buildings and extensions; in areas without central sewage, must provide a waste treatment facility that treats sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the Natural Resources Conservation Authority. POLICY HWT WT 2 In sewered areas within the Halfway Tree Local Planning Area developments will be expected to connect to the central sewage system. POLICY HWT WT 3 To protect the environment, it is expected that on the introduction of central sewage system all developments will connect to the public central system within a reasonable time as determined by the National Water Commission. Solid Waste is collected by the National Solid Waste Management Authority (NSWMA) within the Halfway Tree Local Planning Area. Non domestic waste such as that generated by commercial, office and industrial uses are collected by private contractors. The local planning authority will support recycling and re-use particularly with regards to commercial and office developments in order to reduce the volume of waste entering the Riverton Solid Waste Treatment and Disposal Facility. POLICY HWT WT 4 The planning authority will ensure that all developments make provisions for the storage and collection of waste within the curtilage of the development. POLICY HWT WT 5 The planning authority will ensure that facilities for the separation and recycling of waste are provided in suitable locations in existing and new developments. POLICY HWT WT 6 Onsite waste storage areas must be suitably constructed and located in order to facilitate safe access for the disposal and collection of refuse. LIGUANEA LOCAL AREA PLAN Description Liguanea is one of Kingston and St. Andrew‘s main suburban commercial node. It is bounded in the west by East Kings House Road, in the south by part of Hope Road and Old Hope Road, in the north the Barbican and the Papine University District to the east. The area is currently dominated by commerce which serves mainly the immediate residential neighbourhoods as well as the adjoining areas of FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 389 Seymour Lands, Papine, and Barbican. The United States Embassy is also located in the local planning area and other areas across the island. Major land uses include office, commercial, recreational and other uses that are primarily located along sections of Hope Road and Old Hope Road. Liguanea forms part of the larger area known as the Liguanea Plain which is fertile flat land of alluvium spanning from Papine to the Kingston Harbour. Its early growth was centred mainly on the establishment of a number of neighbourhood shops at Matilda’s Corner. Over the years, there has been significant spatial increase of the node with the introduction of a wide range of services and facilities to cater to the need of an increasing surrounding population. This in turn has resulted in many land use changes. Between 2001 and 2011, Liguanea experienced a decline in its population moving from 7,301 in 2001 to 6,834 persons in 2011. Based on an annual growth rate of 0.66 per cent it is projected that the population of Liguanea will continue to decrease. The declining population growth experienced in the local planning area was partially due to the increase pressure for the development of non-residential uses. Since then however, there has been resurgence in residential population due to the increased multi-family developments. Liguanea is a prime area for residential development due to large lot sizes, increased residential density, it is centrally sewered, accessible, and offers a range of services. The extent of the urban core will be guided to ensure that the residential fabric of the area in not undermined and the amenities are not compromised. TRANSPORTATION The Liguanea Local Planning Area is serviced by both public and private transportation which ply routes along the Hope Road/Old Hope Road boundary. Public mass transit is provided by the Jamaica Urban Transit Company Ltd (JUTC), and its Sub-Franchise along with public passenger vehicle operators which traverse these major arterial roads. Congestion is usually highest within this Local planning area due to the convergence of major road ways such as Barbican Road, Hope Road and Old Hope Road. This congestion is due primarily to commercial and office uses along these roads, as well as the fact that these thoroughfares provide prime linkages between the New Kingston Business District, major nodes such as Papine, and Halfway Tree, and various other residential communities. POLICY L T 1 The local planning authority will seek to ensure that any rehabilitation of main and other roads carried out in the area will include adequate sidewalk facilities where absent and that it caters for the disabled and persons with special needs such as the aged. FIFITH SCHEDULE, contd. 390 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY L T 2 The planning authority will make provision for public transportation routes to be extended with the appropriate ancillary facilities along designated roads which may be identified from time to time within the Liguanea Local Planning Area. Vehicular Parking The major thoroughfare in the Liguanea Local Planning Area is heavily used by motorists and pedestrians alike, and is usually congested during peak hours. The provision of adequate on-site parking spaces for developments is therefore critical to the traffic circulation and function of the roadways and as such the local planning authority will ensure that adequate parking spaces are provided. POLICY L T 3 The planning authority will ensure that all development proposals provide the required parking spaces, including parking for the disabled, within the curtilage of the development site as outlined in Appendix 7 of this Order. POLICY L T 4 The planning authority will not support proposals for new development or extensions unless the required number of parking spaces are provided on site or unless such provisions can be met on property in proximity which is owned by the developer or in which he has legal interest. Only the remainder of the property can be developed and any such development on the property will have to provide its own parking. Landscaping significantly improves the aesthetics of parking areas, and by minimising the percentage of paved surfaces reduces storm water runoff, reduced localized flooding and reduction in the effects of the urban heat island. The proper siting and design of parking lots should support the preservation of the overall garden quality of the Liguanea Local Planning Area and encourage interconnectedness between pedestrians and the built environment. POLICY L T 5 The planning authority will ensure that parking lots are sufficiently landscaped (at least 10 per cent of total lot area), to the satisfaction of the local authority. POLICY L T 6 All new developments with outdoor parking lots shall utilise green or permeable parking techniques, to the satisfaction of the planning authority. POLICY L T 7 The planning authority will seek to ensure that parking lots are suitably designed and sited to improve the aesthetics of the area and encourage walkability. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 391 Roads The road network system is designed to facilitate both vehicular and pedestrian movement throughout the planning area. However, some sections lack the provision of sidewalk facilities or where they are provided they are inadequate or unsafe resulting in pedestrians walking onto the roadway. Old Hope Road and Mona Road are subject to road widening proposals as outlined in the Road Reservation Map in Appendix 5. It is therefore important to have developments adequately setback to accommodate these improvements. POLICY L T 8 The planning authority will seek to ensure that road widening proposals for Hope Road, Old Hope Road and Mona Road are undertaken as outlined in Appendix 5. POLICY L T 9 Development proposals shall be adequately setback from road boundaries as indicated in Appendix 5 and 6 to allow for road widening improvements including provisions for sidewalks, widening and street-scaping. HOUSING The Liguanea Local Planning Area includes communities such as Sandhurst, Sandy Park, Wellington, Ravinia and Standpipe. The Liguanea area has become a focus for multifamily development owing to its desirability as a residential location in proximity to many facilities, amenities, economic and entertainment activities. Increased housing densities and redevelopment will be allowed on selected sites especially those in proximity to urban core of Liguanea. POLICY L H 1 Multi-family (apartments/town house) development may be permitted on parcels of land which are 0.2 hectares (0.5 acre) and over in area which adheres to the required planning standards as outlined in this Order to the satisfaction of the relevant authorities. POLICY L H 2 The following density ranges shall apply: (i) Density shall not exceed 125 habitable rooms per hectare (50 habitable rooms per acre) in areas as indicated on Figure 7 with building heights not exceeding four (4) storeys; (ii) Density shall not exceed 250 habitable rooms per hectare (100 habitable rooms per acre) in areas as indicated on Figure 7 with building heights not exceeding six (6) storeys. FIFITH SCHEDULE, contd. 392 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY L H 3 New multi-family developments shall provide amenity area in accordance with the stipulations in Appendix 10 of this Development Order and to the satisfaction of the local planning authority. POLICY L H 4 The amalgamation of lots for multifamily development will be encouraged where the individual lot does not meet the minimum size required for multi-family development. POLICY L H 5 Minimum setbacks from property boundaries for apartment/townhouse development housing up to 125 habitable rooms per hectare (50 hr/a) and over: (i) 1.5 metres from the sides per floor to a maximum of 4.5 metres; (ii) 1.5 metres from the rear per floor to a maximum of 4.5 metres; (iii) the front boundary should be in keeping with the existing building line or as stipulated by the Road Authority. POLICY L H 6 The planning authority will seek to ensure the coordination of development with the provision of sewage services and may not permit, but phase the timing of development based upon the availability and capacity of sewage collection system to accommodate the proposal. It is vital that further permeation of the residential area by non-conforming uses is not permitted and illegal and non-conforming uses shall be removed by the relevant authority. POLICY L H 7 The local planning authority will not normally support non-residential development on lots identified for residential uses. POLICY L H 8 Proposals for change of use of a residential property to a non-residential use will be assessed on their own merit and will be permitted only if the non-residential development provides amenity and service to the local community and the privacy and enjoyment of neighbouring dwellings is not adversely affected. Housing development in the Liguanea Local Planning Area has been predominantly limited to provision for the higher and middle income groups, thus reducing opportunities for the satisfaction of the housing need for lower income housing in the area. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 393 POLICY L H 9 A mix of housing types including starter units and semi-detached units for low income earners will be permitted in suitable locations. POLICY L H 10 In areas where it is feasible to regularize existing informal settlements, the planning authority will work with the relevant Authorities to achieve safe and orderly development. SOCIAL AMENITIES The Liguanea Local Planning Area has a number of recreational places within its boundary but no public open space, however there are a number of private open spaces provided within some residential developments. Majority of the recreational activities are available at the Sovereign Centre which houses a movie theatre and other activities. The area is also situated in proximity to the New Kingston Business District, Devon House, a National Heritage site, Bob Marley Museum, Hope Zoo and the Royal Botanical Gardens at Hope Gardens to name a few, which are major recreational spot for residents of Kingston and St. Andrew. Liguanea have a number of institutional uses such as public assemblies, schools and day care centres interspersed throughout the areas. The local planning authority will encourage the implementation of other attractions to improve the recreational value of the Local planning area. Recreation Area and Open Space The provision of adequate public amenity area for the enjoyment of residents is critical to the sustained orderly residential development of the Planning Area. Hence, the local planning authority will seek to ensure that lands are secured for public open space and to augment recreational areas within this locality. In such cases, Government owned lands will first be considered. This should be included in a plan for a system of open and amenity spaces which serves the recreational needs of the Order Area. POLICY L SA 1 The planning authority will seek to identify lands in suitable locations within the Liguanea Local Planning Area to facilitate the development of public amenities and open space for community use. POLICY L SA 2 All lots within the Liguanea Local Planning Area that are zoned as open spaces, or for recreational uses pursuant to this document, shall be developed only for such use. POLICY L SA 3 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. FIFITH SCHEDULE, contd. 394 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY L SA 4 In all new housing developments, amenity areas provided shall be developed only for such uses. Such lands can either be for active or passive recreational purposes. POLICY L SA 5 No permanent structure will be allowed on any public open space that does not complement the use thereof. POLICY L SA 6 Only temporary structures will normally be allowed on public open spaces, except where it satisfies the planning authority that those structures are absolutely essential to the everyday operation of the facility. Institutional There are several early childhood institutions and primary educational facilities located across the local planning area; however there are no secondary educational facilities. There are also several schools ranging from early childhood to tertiary that are located within proximity of the Local planning area. Some of these schools include Crayon College Early Childhood Development Centre, St. Peter and Paul Preparatory School, Campion College, Jamaica College, Mona High, University of the West Indies and the University of Technology. Institutional uses existing in Liguanea include several churches and medical facilities which provide services to the community and the public at large. POLICY L SA 7 The planning authority will, in conjunction with the relevant authority, seek to identify and/or acquire lands in suitable locations within the Liguanea Local Planning Area to facilitate the development of educational facilities as the need arise. POLICY L SA 8 New applications to develop or extend educational uses on lots currently occupied by such institutions, will generally be supported provided that all the planning standards can be satisfied. POLICY L SA 9 New applications for educational uses may also be considered along Hope Road, and Old Hope Road on lots zoned as mixed commercial/office use while maintaining compatibility with surrounding uses and other regulations. POLICY L SA 10 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools and should, where applicable, be in accordance with the building and design guidelines of the Ministry of Education. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 395 POLICY L SA 11 New applications for institutional uses that are of a residential type will generally be supported on lots zoned for residential use, providing that compatibility with surrounding residential character is maintained. POLICY L SA 12 Building heights for residential institutional uses shall be in keeping with the allowable height and density guidelines for the locality and should not negatively affect the amenity of the area. POLICY L SA 13 Development or extension of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area or conflict with surrounding uses. URBAN ECONOMY Although Liguanea is comprised of primarily residential uses, commercial and office uses are main economic activities in the local planning area. These activities are predominantly located along the major thoroughfares namely sections of Hope Road, Old Hope Road and Barbican Road. These commercial and office uses integrally serve the surrounding Seymour Lands Local Planning Area, Barbican Local Planning Area and Papine University District. POLICY L UE 1 Commercial and office activities will only be permitted on lots identified for such uses on the Land Use Proposal Inset Map No. 7. POLICY L UE 2 The planning authority will normally support the extension of office and commercial premises in areas zoned for such uses, provided the amenity of occupiers of neighbouring properties are safeguarded and all planning standards are met to the satisfaction of the planning authority. POLICY L UE 3 For lots identified for office and commercial uses the following shall apply: (a) For commercial uses: (i) Buildings shall not exceed three (3) storeys in height and these shall be confined to the arterial roads; Hope Road, Old Hope Road, and Trafalgar Road. Floor area ratio for commercial uses in these locations should not normally exceed one (1) and site coverage up to 50%; FIFITH SCHEDULE, contd. 396 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (ii) Building heights for commercial uses shall not exceed two (2) storeys at all other areas so identified on the Land Use Proposal Inset Map No. 7. Floor area ratio should not exceed 0.5 and site coverage up to 50%; (iii) Green areas should account for at least 33.3% of site coverage or to the satisfaction of the planning authority. b. For office uses: (i) Buildings shall not exceed six (6) storeys along Hope Road, and Old Hope Road. Floor area ratio for office uses in these locations should not normally exceed 1 and site coverage of 50%; (ii) Building heights should not exceed four (4) storeys with floor area ratio of 0.5 and site coverage of 331/ 3 % at all other areas so identified on the Land Use Proposal Inset Map No. 7 unless otherwise specified; (iii) Green areas should account for at least 33.3% of site coverage or to the satisfaction of the planning authority but should not be less than that required. POLICY L UE 4 Industrial activities of any kind will not normally be permitted within the interior of this area, and will be confined to lots zoned for commercial or office uses and if considered will be assessed based on their individual merits. POLICY L UE 5 Where non-residential development adjoins residential uses the height, setbacks and other planning standards shall be as outlined in the Development and Investment Manual, Volume 1, Section 1. The planning authority FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 397 may however vary setback, height and other relevant requirements or standards in order to safeguard the existing residential amenities. POLICY L UE 6 Where non-residential uses are contemplated on lots zoned for residential use the height, setbacks and other planning standards shall be as outlined in the Development and Investment Manual, Volume 1, Section 1. Such developments shall be considered on its own merit and shall not exceed two (2) storeys in height, a floor area ratio of 0.5 and site coverage up to 50%. The planning authority may however vary setback, height and other relevant requirements or standards in order to safeguard the existing residential amenities. POLICY L UE 7 Hotel Development may be considered in areas zoned for commercial and office use. They will only be allowed in residential areas provided the development does not negatively affect the amenity and character of the area and are unobtrusive. Where hotels are allowed in residential areas, they should conform to the residential standards of the area. Where lots are zoned for a mix of uses, either one of the uses or a mix of the identified uses is allowed and should conform to the requirements set out in this Order for such development. POLICY L UE 8 Applications comprising mixed residential and other compatible uses will be considered on lots zoned for a mix of uses, as depicted on the Land Use Proposal Inset Map No. 7. POLICY L UE 9 Where a mixed use development is contemplated on lots identified for this purpose, the ratio of development is to be at least 60:40 residential to office area respectively. POLICY L UE 10 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. ADVERTISEMENT GUIDELINES Advertisements are vital to business and important in disseminating information. Nonetheless measures have to be in place to ensure that the character and appearance of the area is not compromised. Guidelines are set by the regulations as to the size, height and placement of the advertisements; however their location FIFITH SCHEDULE, contd. 398 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 and appearance throughout the local planning area will have to be addressed. The relevant polices contained in the Control of Advertisement section and Appendix 18 of this Order shall apply in this Local planning area. POLICY L CA 1 Signs adhering to the guidelines set out by regulations will only be permitted by the planning authority in areas where they do not distract road users, cause clutter or become unsightly and detract from the character and appearance of the area. In the economic node located in the Liguanea Local Planning Area, the planning authorities will pay due regard to the particular need to ensure that advertising displays on frontages and street furniture do not detract from the character and appearance of the area. POLICY L CA 2 Signs and advertisement must be well designed and sensitively located within the street scene. The planning authority will have regard to the circumstances of each case in the interest of amenities and public safety. POLICY L CA 3 Signs on shop fronts in the area may not be placed above the ground floor level or above normal fascia level of the building whether or not it is intended to advertise a commercial activity. WASTE TREATMENT AND DISPOSAL Some sections of the Liguanea Local Planning Area are serviced by the National Water Commission’s central sewerage system while other areas are served by on site septic and absorption pits. There has been increasing recognition of the effects of sewage pollution on the ground water resources of the alluvium aquifer of the Liguanea Plains. Consequently, there is a determined effort to have sewage treated to a tertiary level in the Liguanea area. The Waste Treatment and Disposal section of this Order should be consulted and relevant policies applied. POLICY L WT 1 For new buildings or extensions in areas without central sewage the waste treatment facility proposed must treat sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the National Water Commission. POLICY L WT 2 In sewered areas all new developments within reasonable proximity as determined by the National Water Commission should connect to the public central sewage system. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 399 POLICY L WT 3 To protect the environment, and have more amenity area it is expected that on the introduction of central sewage all existing developments will connect to the public central system within a reasonable time. There is routine domestic waste collection by the National Solid Waste Management Authority (NSWMA) within the Liguanea Local Planning Area. Non domestic waste that is generated by commercial, office and other uses is collected by private contractors. The local planning authority will support recycling and re use particularly with regards to commercial and office developments in order to reduce the volume of waste entering the Municipal Solid Waste Treatment and Disposal Facility. POLICY L WT 4 The planning authority will ensure that all developments make provision for the storage and collection of waste within the curtilage of the development. POLICY L WT 5 The planning authority will seek to ensure that the provision of facilities for the separation, and recycling of waste are provided in suitable locations for new developments. POLICY L WT 6 Onsite waste storage areas must be suitably constructed and located in order to facilitate safe access for the disposal and collection of waste. MANOR PARK LOCAL AREA PLAN Description Manor Park (Constant Spring) is predominantly a residential community located north of the capital parish Kingston at the foot of the hill leading to Stony Hill. The area’s early growth and subsequent development was centred on its being established as an Outlying Business District in Kingston to facilitate a wide range of retailing activities. Retail trade will continue to be the dominant feature of this centre along with supporting personal services, office and appropriate light industries at strategic locations. While commerce will be encouraged it will not be at the detriment of existing residential areas in close proximity. Increased residential densities will be encouraged especially around the outlying commercial node and along the main road network. Between 2001 and 2011, Manor Park’s population grew by twelve per cent (12%) moving from 17,040 in 2001 to 19,027 persons in 2011. Based on an annual growth rate of 1.1 per cent it is projected that the population of Manor Park will increase to 20,105 persons by 2021 and 23,723 by 2031. FIFITH SCHEDULE, contd. 400 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 TRANSPORTATION The main modes of transportation in the Manor Park Local Planning Area are by way of public and private passenger motor vehicles, cycling and walking. Public Transportation Public transportation is made available to the local planning area by public passenger vehicle operators such as the Jamaica Urban Transit Company Limited and its sub-franchises along with both route and hackney carriages and chartered taxi companies. The planning area is located in proximity to the Halfway Tree Transportation Centre to the south, which is a major hub for the JUTC’s operations within the Kingston Metropolitan Transit Region (KMTR). It is the intention of this Order to facilitate increased use of the public transportation system. The Manor Park Local Planning Area has been identified as an area for higher residential development densities hence it will be important to ensure that public transport routes and land uses are coordinated. This is essential to allow for ease of access from residences to major economic areas and the facilitation of pedestrian links between major areas. The planning authority will make provision for the expansion of public transport routes to better serve the area as the need arises. POLICY MP T 1 The planning authority will make provisions for public transportation routes to be extended with the appropriate ancillary facilities along designated roads which may be identified from time to time within the Manor Park Local Planning Area. Vehicular Parking and Traffic Sections of the planning area by virtue of being originally a residential community lacks sufficient public parking facilities, which has resulted in instances of on street parking in some areas. This has generally caused hindrances to traffic flow and circulation especially during peak hours. Traffic congestion can be observed along the major corridors of Constant Spring Road, Shortwood Road and Olivier Road especially during peak hours. The parking standards and guidelines contained in Appendices 7 and 9 and Figures 2-4 will apply in this Local planning area. POLICY MP T 2 To mitigate congestion along the main thoroughfares and facilitate the smooth flow of traffic, the planning authority will not support on-street parking along Constant Spring Road, Olivier Road and Shortwood Road. The provision of adequate parking facilities within the urban areas of Kingston and St. Andrew has become an increasing problem. In sections of the Manor Park Local Planning Area, which are zoned for office, commercial and light industrial FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 401 uses it is imperative that sufficient parking provisions are made in order to ensure that the amenities of residential properties in proximity to these uses are maintained and traffic flow is not compromised. POLICY MP T 3 The planning authority will not normally support proposals for any new development or extensions within the local planning area unless the developer provides the required number of parking spaces on site, including parking for the disabled, as per the Parking And Loading Requirements in Appendix 7 of this Order or unless such provisions can be met in proximity to the development to the satisfaction of the planning authorities. POLICY MP T 4 Where new developments are proposed in proximity to transportation hubs under extenuating circumstances the authority may be willing to consider varying parking requirements on a case by case basis. In areas zoned for commercial and office use, the planning authority will encourage the location of buildings closer to the front of the property in order to discourage parking to the front, increase the human scale and encourage pedestrian friendliness. Landscaping significantly improves the aesthetics of parking areas, and by minimising the percentage of paved surfaces there is the added benefit of lessened storm water runoff, reduced localized flooding and reduction in the effects of the urban heat island. POLICY MP T 5 All new developments having outdoor parking lots shall make use of green parking surface techniques incorporating permeable materials. POLICY MP T 6 The planning authority will ensure that parking lots are sufficiently landscaped (accounting for at least 10 per cent of total lot area), to the satisfaction of the local planning authority. POLICY MP T 7 The planning authority will seek to ensure that parking lots are placed to the rear of developments where possible, to increase the aesthetics of the area. Road Network and Infrastructure The Manor Park Local Planning Area is traversed by four major corridors which are constantly accommodating high volumes of traffic on a daily basis. It may become necessary for improvements to the existing road network to accommodate future growth and development in the area. Constant Spring Road, Olivier Road FIFITH SCHEDULE, contd. 402 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 and Shortwood Road are subject to road widening proposals as outlined on the Road Reservation Map in Appendix 5. It is therefore important to have developments adequately setback to accommodate these improvements. POLICY MP T 8 The planning authority will seek to ensure that road widening proposals for Constant Spring Road, Olivier Road and Shortwood Road are undertaken as outlined in Appendix 5. POLICY MP T 9 Development proposals shall be adequately setback from road boundaries as indicated in Appendix 5 and 6 to allow for road widening improvements including provisions for sidewalks, widening and street-scaping. POLICY MP T 10 The planning authority will seek to ensure that adequate provisions are made for pedestrians including the disabled which improve the walking conditions within the local planning area. HOUSING The major housing type in the area is a mix of single-family and multi-family housing units situated on residential lots of an average size of 0.1 hectare. The proximity of the Manor Park Local Planning Area to the commercial areas of Halfway Tree, Barbican and Liguanea and ease of access to public transport makes this area suitable for higher levels of residential densities which supports the efficient utilization and provision of social services and public utilities. Apartments and townhouses will be allowed in areas zoned for residential use which satisfies all planning criteria on parcels of land with a minimum area of 0.2 hectare (0.5 acre). POLICY MP H 1 Multi-family (apartments/town house) development may be permitted on parcels of land which are 0.2 hectare (0.5 acre) and over in area which adhere to the required planning standards as outlined in this Order for such developments. POLICY MP H 2 Density shall not exceed 250 habitable rooms per hectare (100 habitable rooms per acre), with building heights not exceeding six (6) floors in areas as indicated on Figure 7. POLICY MP H 3 Density shall not exceed 125 habitable rooms per hectare (50 habitable rooms per acre), with building heights not exceeding four (4) floors in areas as indicated on Figure 7. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 403 POLICY MP H 4 Density shall not exceed 75 habitable rooms per hectare (30 habitable rooms per acre), with building heights not exceeding two (2) floors in areas as indicated on Figure 7. POLICY MP H 5 A density of 125 habitable rooms per hectare (50 habitable rooms per acre) will be allowed on lots of a minimum of 0.4 hectares (1 acre) along Norbrook Drive including the southern section of Norbrook Crescent as indicated on Figure 7. POLICY MP H 6 Minimum setbacks from property boundaries for apartment/townhouse development: (i) 1.5 metres from the side boundaries per floor up to 4.5 metres. (ii) 1.5 metres from the rear per floor up to 4.5 metres. (iii) the front boundary should be in keeping with the existing building line or as stipulated by the local authority. POLICY MP H 7 The amalgamation of smaller residential lots to allow for multifamily development will be encouraged where the individual lot does not meet the minimum size required for multifamily development. POLICY MP H 8 The planning authority may grant development incentives for infill development at suitable sites within the Local planning area. POLICY MP H 9 New multi-family developments (apartment/ townhouse) shall provide amenity areas either on site or in proximity to the development at the rate stipulated in Appendix 10 of this Development Order. Uncontrolled development on hillsides is a potential hazard as it increases the susceptibility of slope failure, erosion and increased drainage problems. In an effort to protect the stability of these environmentally sensitive areas, control has to be exercised over development proposals to prevent the destruction of trees and the construction of hard paving that contributes to excess runoff. The Manor Park Local Planning Area has several such areas such as the Armour Heights environs and Waterworks environs, special care will be taken when considering housing development in these locations. (See Figure 9). FIFITH SCHEDULE, contd. 404 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY MP H 10 Density shall not exceed 50 habitable rooms per hectare (20 habitable rooms per acre) in hilly areas and shall be in accordance with the Hillside Development Manual for Jamaica (see Figure 7, 9 and Main Cross Reference Policy SP H27). POLICY MP H 11 Where housing development proposals are being contemplated in potentially hazardous areas the local planning authority will require the submission of technical documents such as an engineer’s report for consideration of the application. POLICY MP H 12 Housing development will not be allowed on land that is steep and unstable, vulnerable to erosion, slippage, subsidence, flooding or other natural hazards or which will involve costly extra ordinary precautions by government to safeguard (See Main Cross Reference Policy SP H24–SP H25 and Appendix 23). It is essential that future intrusion of incompatible non-residential uses into the Manor Park Local Planning Area be prevented. The removal of incompatible uses that create a nuisance to the enjoyment of residential amenities will also be undertaken. Mixed uses must not compromise health, safety and well-being and should not diminish the enjoyment of the residential amenity of the area. POLICY MP H 13 The planning authority will not normally support non residential development on lots zoned for residential uses. POLICY MP H 14 Where non-residential development adjoins residential uses the planning authority may vary setback, height and other relevant requirements or standards in order to safeguard residential amenities. POLICY MP H 15 Proposals for change and/or retention of use of a residential property to a non-residential use will only be permitted if the non-residential activity is compatible with the residential amenities of the area. SOCIAL AMENITIES The local planning area has few of the required basic social amenities, primarily education and churches. These amenities over time may need to be expanded, upgraded and improved to meet the demands of the present and any future increase in the local population to satisfy residential needs. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 405 Recreation Area and Open Spaces It is the intention of this Order to provide for increased residential densities in this local planning area. However, these will be required to provide recreational and amenity areas at the rate stipulated in the Development and Investment Manual, Volume 1, Section 1–Chapter 5. At present there is no public open space or amenity area for residents within the locality. However, the privately owned Constant Spring Golf Club is located within this local planning area. The Constant Spring Golf Club shall be maintained as a private open space. In addition to this, lands will be left for public open space throughout the local planning area. The local planning authority will therefore seek to ensure that lands are secured within this locality or areas in suitable locations for the development of a public amenity area. In such situations Government owned and or acquired lands will first be considered. POLICY MP SA 1 The planning authority will seek to identify lands in suitable locations within the Manor Park Local Planning Area to facilitate the development of public amenity areas. POLICY MP SA 2 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. POLICY MP SA 3 In all new housing developments, land is to be provided for open space and other amenity purposes at the rate set out in Appendix 10 and such lands can either be for active or passive recreational purposes. Institutional The Manor Park Local Planning Area currently has approximately eleven (11) educational institutions located throughout the area. These range from basic to tertiary level institutions including the Shortwood Teachers College, Shortwood Practising Primary and Basic School, Constant Spring Primary and Junior High School to name a few. Residents also have access to several places of worship and religious instruction within Manor Park. In addition to the direct access to these facilities, the residents have access to a wide array of institutions in proximity to their community. POLICY MP SA 4 Schools and places of public worship and religious instruction may be allowed at appropriate locations and should not negatively affect the residential amenity of the area. FIFITH SCHEDULE, contd. 406 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY MP SA 5 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools. POLICY MP SA 6 Building heights for new places of worship or religious instruction shall not exceed three (3) storeys. POLICY MP SA 7 Building heights for residential institutions shall not exceed three (3) storeys. POLICY MP SA 8 The multiple use of public facilities will be encouraged. URBAN ECONOMY Manor Park has been greatly affected by increases in the levels of commercial and office uses particularly in residential areas along the outskirts of the main business centre. This growth of non-residential uses has occurred and as this trend continues, care has to be taken to ensure that this conversion of residential properties to non-residential uses does not adversely affect the residential amenities of the area. POLICY MP UE 1 Office and Commercial uses will only be permitted on lots so designated on the Manor Park Land Use Proposal Inset Map No. 8. POLICY MP UE 2 The planning authority will normally support the extension of office and commercial premises in areas zoned for such uses, provided the amenity of occupiers of neighbouring properties are safeguarded and all planning standards are met to the satisfaction of the planning authority. POLICY MP UE 3 For commercial uses in areas zoned for such purposes, the following standards shall apply: (i) Buildings shall not exceed three (3) storeys in height with a floor area ratio of 1:1 and maximum plot coverage of fifty percent (50%); (ii) Buildings may maintain a zero lot line except to the front boundary which should be in accordance with proposed road reservations and to the satisfaction of the planning authority; (iii) Parking shall be in accordance with Appendix 7 and 9 and Figures 2-4 or to the satisfaction of the planning authority. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 407 POLICY MP UE 4 For office uses in areas zoned for commercial or a mix of office and commercial use, the following standards shall apply: (i) Buildings shall not exceed four (4) storeys in height with floor area ratio of 1:1 and plot coverage of fifty percent (50%); (ii) Buildings may maintain a zero lot line except to the front boundary which should be in accordance with proposed road reservations and to the satisfaction of the planning authority; (iii) Front—in accordance with road reservations to the satisfaction of the planning authority; (iv) Parking shall be in accordance with Policies to the satisfaction of the planning authority. POLICY MP UE 5 Mixed uses, in which residential, office and other uses are proposed to occur on the same lot, may be supported by the planning authority where the proposed development is compatible with the amenities of the area. POLICY MP UE 6 Where non-residential development adjoins residential uses the following standards shall apply: (i) Side yard adjoin the residential development—setback is 1.5 metres (5 feet) for each storey; (ii) Rear—3 metres or fifteen percent (15%) of the width of the lot, whichever is greater; (iii) Front—in accordance with road reservations to the satisfaction of the planning authority. POLICY MP UE 7 Where non-residential uses are contemplated on lots zoned for residential use the height, setbacks and other planning standards shall be as outlined in the Development and Investment Manual, Volume 1, Section 1. Such developments shall be considered on its own merit and shall not exceed two (2) storeys in height, a floor area ratio of 0.5 and a site coverage up to fifty percent (50%). The planning authority may however vary setback, height and other relevant requirements or standards in order to safeguard the existing residential amenities. FIFITH SCHEDULE, contd. 408 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY MP UE 8 Hotel development may be considered in areas zoned for commercial and office use or on the fringe of the residential areas. They will only be allowed in residential areas provided the development does not negatively affect the amenity and character of the area and are unobtrusive. Where hotels are allowed in residential areas, they should conform to the residential standards of the area. POLICY MP UE9 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. Industrial While some industrial activities can be considered compatible with the residential amenity, heavy and noxious industries will not be allowed in the area. Light industrial activities such as garment manufacturing and printing, etcetera, will be supported at appropriate locations throughout the planning area. Where light industrial uses are permitted in office or commercial areas their operation must be such that it does not negatively affect the amenity of neighbouring lots. POLICY MP UE 10 Light industrial activities will only be permitted on lots designated for such uses on the Manor Park Land Use Proposal Inset Map No. 8. POLICY MP UE 11 Light industrial activities may be permitted on lots zoned for office and commercial uses and will be assessed in such cases on their individual merit. ADVERTISEMENT GUIDELINES Advertisements are vital to businesses operating within and around the Manor Park Local Planning Area and are an important medium in disseminating information of such. However, measures are needed to ensure that the character and appearance of the area is not compromised. Guidelines are set by the regulations advertisements as to the size, height and placement of the advertisements; however their location and appearance throughout the local planning area will need to be addressed. POLICY MP CA 1 Signs adhering to the guidelines set out by regulations will only be permitted by the planning authority in areas where they do not distract road users, cause clutter or become unsightly and detract from the character and appearance of the area. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 409 POLICY MP CA 2 Signs and advertisement must be well designed and sensitively located within the street scene. The planning authority will have regard to the circumstances of each case in the interest of amenities and public safety. POLICY MP CA 3 The local planning authority will encourage the placement of advertisement on commercial and other office buildings in accordance with the local authority standards. WASTE TREATMENT AND DISPOSAL Sewage Disposal The Manor Park Local Planning Area is not covered by a public central sewage system. However, sewer mains traverse a section of the periphery along Constant Spring Road. According to the National Water Commission, Manor Park is projected to be fully centrally sewered by 2020. It is however, expected that once the area is sewered all existing and new developments will connect to the public central sewer system within a reasonable timeframe. Initially, sewage was disposed of onsite usually by means of absorption pits. Septic tanks were later used along with absorption pits as the main method of sewage disposal. There has been increasing recognition of the effects of sewage pollution on the ground water resources of the alluvium aquifer of the Liguanea Plains. Consequently, it is the intention of the Authority to have sewage treated at least to a tertiary level in the Manor Park Local Planning Area. The Waste Treatment and Disposal section of this Order should be consulted and relevant policies applied along with the following: POLICY MP WT 1 Development; including new buildings, extensions and/ or change of use; in areas without central sewage, must provide a waste treatment facility that treats sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the Natural Resources Conservation Authority. POLICY MP WT 2 In sewered areas within the Manor Park Local Planning Area all developments within a reasonable proximity as determined by the National Water Commission will be encouraged to connect to the public central sewage system. POLICY MP WT 3 On the introduction of central sewage collection system in the area all developments will be encouraged to connect to the system within a reasonable time. FIFITH SCHEDULE, contd. 410 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Solid Waste Domestic solid waste is scheduled to be collected twice weekly by The National Solid Waste Management Authority (NSWMA) within the Manor Park Local Planning Area. Non-domestic waste such as that generated by commercial, office and industrial uses is collected by private contractors. The local planning authority will support recycling and reuse initiatives particularly with regards to commercial and office developments in order to reduce the volume of waste entering The Riverton Solid Waste Treatment and Disposal Facility and will encourage the construction of facilities to support such activities. POLICY MP WT 4 The planning authority will ensure that all new developments make provisions for the storage and collection of waste within the curtilage of the development. POLICY MP WT 5 The planning authority will ensure that facilities for the separation and recycling of waste are provided in suitable locations in new developments. NEW KINGSTON AND ENVIRONS LOCAL AREA PLAN Description The New Kingston and environs Local Planning Area is bounded by Trafalgar Road; Ruthven Road; a section of Halfway Tree Road; Oxford Road and Old Hope Road. The area is approximately 129.6 hectares and is in proximity to the Halfway Tree and Seymour Lands Local Planning Areas. The area concentrated along Knutsford Boulevard is the New Kingston business core. This area is located on the lands formerly known as Knutsford Park which was Jamaica’s best-known racetrack for some 60 years prior to its closure in 1959. The primary purposes of this relatively new, planned development were directed toward the decentralization of growth in Downtown Kingston, and employed radical approaches to the practice of city planning in Jamaica at the time. Currently, the New Kingston Local Planning Area has a dominant business district thus living up to its expectation in that area. The success of the local planning area can also be seen in the abundance of night time attractions that encourages the vibrant nightlife. The area is one of a few special areas in Kingston and St. Andrew possessing several open spaces and recreational uses. The average lot size in this local planning area is 0.026 hectares. Land use data indicates that over 50% of the land is dedicated to office and commercial use; another 5.37% of land is dedicated to parking facilities which facilitate the needs of employees and customers alike. Regardless, parking facilities are not adequate for the area. In 2001 the New Kingston and Environs Local planning area had a population of approximately 1,754 persons. Though the growth of the business district has FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 411 expanded into the residential sections of the local planning area the population grew to 1,867 in 2011 with 1794 of residents in the economically productive range. The population increased by 6.4% which means that the growth rate between the 2001–2011 intercensal period was 0.64%. In keeping with this positive growth rate, it is projected that the population will reach 1992 persons in 2021. The area has been identified as one of the most important nodes in the country and rivals Downtown Kingston in terms of its status. It is, however, what is termed an “artificial node” as it did not grow organically like the other nodes. New Kingston and Environs currently has an existing sewerage system but has fallen short with the problems of substandard roadway drainage and capacity. There is also inadequate parking within the area. The intention of these guidelines is to provide for the orderly and progressive development of The New Kingston and Environs Local Planning Area as outlined in the First Schedule of this Order. TRANSPORTATION The New Kingston and Environs Local Planning Area is accessed by several modes of transportation. Public transport is provided to the area by route taxis and JUTC buses. Traffic congestion within this area is usually highest during peak hours on weekdays. This congestion is due primarily to commercial, office, and institutional uses, as well as the fact that these thoroughfares provide prime linkages between major nodes such as Papine, Halfway Tree, and Cross Roads, as well as various residential communities. Sidewalks are to be considered when roads are being developed. At times they are either not provided or are not suitable for traversing by the disabled community and other vulnerable groups including children and the elderly. In this regard, POLICY SP T13 should be consulted in conjunction with the following policies. POLICY NK T 1 Development proposals shall be adequately setback from road boundaries as indicated in Appendix 5 and 6 to allow for road widening improvements including provisions for sidewalks, widening and street-scaping. POLICY NK T 2 The planning authority will seek to ensure that adequate provisions are made for pedestrians which improve the walking conditions within the local planning area. POLICY NK T 3 The local planning authority will seek to ensure that within the planning area all intersections and roadways are equipped with ramps and proper lighting to give visibility to motorists and all pedestrians including disabled persons. FIFITH SCHEDULE, contd. 412 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Vehicular Parking Roads along the periphery as well as all through roads within the New Kingston and Environs Local Planning Area are normally heavily trafficked during peak hours, daily. Therefore; POLICY NK T 4 The planning authority will ensure that all development proposals in the New Kingston and Environs Local Planning Area provide the required parking requirements within the curtilage of the development site as outlined in Appendix 7 of this Order. The New Kingston business core was designed with a number of public parking spaces, and each lot is entitled to 2.2 spaces in these parking areas. Additional number of parking spaces required by developments must be provided within the curtilage of the site. Considering also the increased unavailability of adequate parking spaces associated with commercial, office, and residential uses particularly in business districts the planning authorities will encourage the development of underground or multilevel parking facilities. POLICY NK T 5 The planning authority will encourage proposals for the development of underground and multilevel parking facilities. POLICY NK T 6 The planning authority will not support proposals for any new development or extensions whether along the periphery, or within the interior unless the developer provides the required number of parking spaces on site, including parking for the disabled, or unless such provisions can be met elsewhere pursuant to the stipulations of the Development and Investment Manual, Volume 1, Section 1—Planning and Development—to the satisfaction of the planning authority. It may be possible to permit some development without sufficient on-site parking where part of the requirements could be met through sharing nearby car parks during times when they are significantly underused. Some on-site parking would still be required by these developments to meet operational needs and an element of customer demand. Night clubs are an example of activities which require parking in the evenings. To this end, agreements may be entered into between these organizations and the other enterprise(s) to make these spaces available outside operating hours. The planning authority should be given legal assurance regarding this arrangement. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 413 POLICY NK T 7 The planning authority will give due consideration to the dual use of parking areas for development where the uses alternate in terms of time and scale; such agreements should be made legally binding. Landscaping significantly improves the aesthetics of parking areas, and, by minimising the percentage of paved surfaces there is the added benefit of lessened storm water runoff. POLICY NK T 8 With the view of promoting the use of green surfaces and standard landscaping within New Kingston and Environs, all new developments having outdoor parking areas should make use of permeable parking surface techniques, inclusive of landscaped ornamental trees (accounting for at least 10 per cent of total lot area), to the satisfaction of the planning authority. HOUSING Single-family residential units within the New Kingston and Environs Local Planning Area are being converted to higher density multifamily units, or to other non-residential uses. As these trends persist, such is the need for improvement on the infrastructure such as sewage, roads, water and other utility supply as increased densities are realised. The height of residential developments may be varied by the planning authority based on proposal specific considerations. POLICY NK H 1 Multi-family developments may be permitted on parcels of land which are 0.1 hectares and over in area. A sliding density may also be applied but should not exceed 250 habitable rooms per hectare (100 habitable rooms per hectare), once the development meets the required standards to the satisfaction of the local planning authority. POLICY NK H 2 Multi-family developments may be considered on smaller lot sizes provided that they satisfactorily meet the required planning standards of the planning authority. POLICY NK H 3 The planning authority will not normally support non residential development on lots zoned for residential uses within the New Kingston and Environs Local Planning Area. POLICY NK H 4 Proposals for change of use of a residential property to a non-residential use will only be permitted if the non-residential activity is compatible with the residential FIFITH SCHEDULE, contd. 414 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 character of the area and will be considered on its own merit. POLICY NK H 5 Where non-residential uses are contemplated on lots zoned for residential use, the development shall not exceed two (2) storeys in height or site coverage of fifty percent (50%). Where such developments are contemplated the privacy and enjoyment of neighbouring dwellings should not be adversely affected. POLICY NK H 6 The following density ranges shall apply: (i) Density shall not exceed 125 habitable rooms per hectare (50 habitable rooms per acre) as indicated on Figure 7, with building heights not exceeding four (4) floors; (ii) Density shall not exceed 250 habitable rooms per hectare (100 habitable rooms per acre) as indicated on Figure 7, with building heights not exceeding six (6) floors; (iii) Density shall not exceed 375 habitable rooms per hectare (150 habitable rooms per acre) as indicated on Figure 7, with building heights not exceeding ten (10) floors. POLICY NK H 7 Minimum setbacks from property boundaries for apartment/townhouse development housing up to 125 hr/h (50 hr/a) and over: (i) 1.5 metres from the sides per floor to a maximum of 4.5 metres; (ii) 1.5 metres from the rear per floor to a maximum of 4.5 metres; (iii) the front boundary should be in keeping with the existing building line or as stipulated by the Road Authority. SOCIAL AMENITIES The New Kingston and Environs Local Planning Area has within its boundary several public and private social amenities. These include but are not limited to theatres, medical facilities, schools and night clubs. There is however only one public open space of significance within the area; the Emancipation Park. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 415 Recreation Area and Open Space Since the opening of Emancipation Park in 2002, it has stood as a symbol of national freedom and independence. It is currently the most used open space within Kingston and St. Andrew, and commonly hosts a variety of public, social and cultural events. The Emancipation Park is usually used from dawn till dusk for both active and passive recreation including walking, jogging, table tennis and chess, concerts and social gatherings. There are also other open spaces within New Kingston and Environs which serve only as landscaped areas. Additionally, there are several private recreational facilities in the area including but not limited to the Liguanea Club and Sunshine Amusement Complex, whilst several of the hotels in the area offer use of their gym and pool facilities at membership fees. POLICY NK SA 1 All lots within New Kingston and Environs Local Planning Area that are zoned as public open spaces, or for recreational uses pursuant to this document, shall be developed only for such use; the planning authority will not support any uses in conflict with this established zoning. POLICY NK SA 2 All lots that may from time to time be identified for public open spaces, or for amenity areas within developments, shall be developed only for such use. POLICY NK SA 3 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. POLICY NK SA 4 The planning authority will not support any uses or structures that do not complement the use of any public open space or amenity area. POLICY NK SA 5 Only temporary structures will normally be allowed on public open spaces, except where it satisfies the planning authority that those structures are absolutely essential to the everyday operation of the facility. Educational and Institutional There are several educational and institutional uses found within and in close proximity to the locality. These include the University College of Caribbean, St. Andrew High School for Girls and the Medical Associates. There are also churches as well as other private educational training institutions within and in proximity to the locality. FIFITH SCHEDULE, contd. 416 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY NK SA 6 New applications for educational uses may be considered along Trafalgar Road, Hope Road, Old Hope Road and Halfway Tree Road on lots zoned as mixed commercial/office use while maintaining compatibility with surrounding uses and other planning standards. POLICY NK SA 7 Where satisfactory planning standards can be met, and there are no objections from adjoining property owners, single story institutional developments may be constructed with zero lot lines. This will not apply if the development adjoins a residential use. POLICY NK SA 8 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines of the Ministry of Education. POLICY NK SA 9 Development of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area. POLICY NK SA 10 Building heights for residential institutional uses shall be in keeping with the allowable height and density guidelines for the locality and should not negatively affect the amenity of the area. POLICY NK SA 11 The multi-use of social facilities for other compatible uses will normally be supported by the planning authority provided the requirements for existing uses are not compromised and the proposals would not be out of character with the area. URBAN ECONOMY The New Kingston and Environs Local Planning Area is characterised primarily of commercial and office uses with the highest concentrations in the interior core along Knutsford Boulevard, Chelsea Avenue, Belmont Road, Worthington Avenue, Holborn Road, Ruthven Road and along peripheral roads. Residential uses are also found primarily towards the eastern and north-western ends of the locality. A number of embassies also exist within or in proximity to the area. The promotion of commercial and office uses is essential to achieving the primary goal for which New Kingston was developed, and that is, realising the decentralisation of growth in Downtown Kingston; all this should not however occur at the expense of the residential component of the area. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 417 Since the opening of the Emancipation Park in 2002, there has been an evident increase in the levels of socio-economic activities within the area, as the park is often host to various public social events which creates lucrative business opportunities. POLICY NK UE 1 Light industrial may be allowed within the mixed use area as identified on Inset Map No. 9 and where the privacy and enjoyment of neighbouring dwellings is not adversely affected. These developments will be considered on their own merit and will be subject to the relevant policies of this Order. POLICY NK UE 2 Where lots are zoned for a mix of uses either one or a mix of the uses is allowed. POLICY NK UE 3 New applications consisting of mixed residential and professional office, commercial and institutional uses may be permitted in the areas so identified on Inset Map No. 9 and where the privacy and enjoyment of neighbouring dwellings is not adversely affected. These developments will be considered on their own merit and will be subject to the relevant policies of this Order. POLICY NK UE 4 Mixed use developments where Office and Commercial uses are housed in the same building will generally be supported. POLICY NK UE 5 Buildings used solely for commercial purposes in business centre shall not exceed six (6) storeys in height in areas so zoned on Inset Map No. 9. Building heights for commercial uses shall not exceed three (3) storeys at all other areas. The planning authority reserve the right to vary the height based on proposal specific considerations. Where such developments are contemplated the privacy and enjoyment of neighbouring dwellings should not be adversely affected. POLICY NK UE 6 For commercial and office uses, the building may be located hard on the property boundaries subject to the provision of adequate parking on a separate lot or floor to the satisfaction of the planning authority. This will not apply if the development adjoins residential uses. FIFITH SCHEDULE, contd. 418 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY NK UE 7 For office uses in business centre, maximum building height shall not exceed ten (10) storeys. The planning authority reserves the right to vary the height based on proposal specific considerations. POLICY NK UE 8 Any office or commercial building that bounds the property of a single family residential lot shall not exceed four (4) storeys. POLICY NK UE 9 Where non-residential uses are contemplated on lots zoned for residential use, the development shall not normally exceed two (2) storeys in height, floor area ratio of 0.5 and a site coverage up to fifty percent (50%) and should not affect the residential amenity of the adjoining sites. POLICY NK UE 10 Where non-residential development adjoins residential uses the planning authority may vary setback, height and other relevant requirements or standards in order to safeguard residential amenities. POLICY NK UE 11 For office uses, the floor area ratio shall be as follows: (i) Developments comprising up to 2 lots, 1.64; (ii) Developments on more than 2 lots, 2.0. POLICY NK UE 12 For office and commercial uses comprising two (2) storeys, the upper storey may be allowed to cantilever to within 12 feet of the centre line of the access road at the rear and two (2) feet from the kerb to the front. POLICY NK UE 13 Where lots have been amalgamated for a single development, the road setback at the rear of the buildings shall in no way be obstructed; and where buildings cantilever over the roadway, an encroachment agreement must be obtained from the road Authority. New Kingston and Environs Local Planning Area is also known for having the most dominant hotel accommodations in Kingston and St. Andrew; these presently account for approximately eighty-two percent (82%) of total rooms within both parishes, and are located mainly along the southern end of Knutsford Boulevard, and Ruthven Road. A primary goal within tourism sector is the realisation of growth in Kingston’s tourism product (especially in business tourism). POLICY NK UE 14 New applications for the development or extension of a hotel will normally be supported by the planning authority on lots zoned for such uses, provided that it will not adversely affect surrounding uses. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 419 At night, New Kingston and Environs Local Planning Area transforms into a bustling zone of night time socio-economic activities. As such, it is the intention of the planning authority to promote and sustain growth of New Kingston’s nightlife. The use of vacant spaces above commercial and office facilities can add life and vitality to an area outside of business hours; and phenomenon is found in abundance throughout New Kingston. In this regard, use for entertainment purposes such as night clubs and sports bars is ideal. However, such developers would be encouraged to have separate access to the upper floor that will not affect the daily operations of the complex. POLICY NK UE 15 The planning authority will encourage proposals to bring disused or underused floor space above commercial uses back into beneficial use such as for entertainment facilities providing that they will not exacerbate traffic and/or parking concerns, create a noise nuisance or negatively affect the amenities of the area. POLICY NK UE 16 Rooftop activities should not have the appearance of an additional floor where it would make it appear higher than that which is permitted for that building, and as such will not be permitted by the planning authority; such structures should also be of a temporary nature. POLICY NK UE 17 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. ADVERTISEMENT GUIDELINES Advertisements are vital to business and important in disseminating information and, in an area where business uses exists in such dense formations as in New Kingston, it is expected that there may be proliferation of advertisements throughout. Measures need therefore to be taken to ensure that the character and appearance of the area is not compromised. Guidelines are set by the regulations, as to the size and height among other factors, however their location and appearance throughout the Local planning area will still have to be addressed. POLICY NK CA 1 Signs adhering to the guidelines set out by regulations will only be permitted by the local planning authority in areas where they do not distract road users, clutter an area or become unsightly and detract from the character and appearance of the area. FIFITH SCHEDULE, contd. 420 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 The local planning authority will use its powers under the advertisement regulations whilst having regard to the particular need to ensure that advertising displayed on frontages and street furniture do not detract from the character and appearance of the area. POLICY NK CA 2 Signs and advertisements must be well designed and sensitively located within the street scene. When considering advertisement in other location the planning authority will have regard to the guidelines provided in this document. POLICY NK CA 3 The local planning authority will encourage the placement of advertisement on commercial and other office buildings in accordance with the advertisement regulations and the guidelines provided in this Order. WASTE TREATMENT AND DISPOSAL The New Kingston and Environs Local Planning Area has sewer mains traversing some segments of the area including along sections of Trafalgar Road, Old Hope Road, Oxford Road, Hope Road and Chelsea Avenue. There is however some developments that still employ treatment to a tertiary level due primarily to their densities and location relative to central sewage lines with capable capacities. POLICY NK WT 1 For new buildings or extensions in areas without central sewage, the waste treatment facility proposed must treat sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the National water Commission. POLICY NK WT 2 All development will be required to make provisions for garbage receptacles for the storage and collection of waste within the curtilage of the development and not on the periphery thereof. POLICY NK WT 3 The planning authority will ensure that facilities for the separation and recycling of waste are provided in suitable locations in new developments. POLICY NK WT 4 Onsite waste storage areas must be suitably constructed and located in order to facilitate safe access for the disposal and collection of refuse. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 421 NORTHERN MOUNTAIN VIEW LOCAL AREA PLAN Description The Northern Mountain View Local Planning Area is a small community located in southern Kingston and is located in proximity to other Local planning areas such as New Kingston, Seymour Lands, and Mountain View South. The Local planning area is comprised of a mix of uses containing residential, hotel, commercial, industrial and office uses. The area has been under increased developmental activity especially with regards to increase in residential developments and change of use to other activities. The residential amenity of this area has to be preserved and improved while needed social and other urban amenities provided. During the last inter-censual period (2001–2011) a growth rate of approximately 2 per cent was recorded indicating the population had increased to some 1,306 persons in 2011 over that of 1,074 persons in 2001. In 2001 the area recorded an increase of 21.63 per cent based on a population of 883 persons in 1991. The population is projected to increase to, 1,589 persons in 2021 and 1,895 by the year 2030. TRANSPORTATION Public transportation along the Northern Mountain View Local Planning Area is mainly provided by the Jamaica Urban Transit Company Ltd (JUTC) and National Transport Co-operative Society (NTCS) buses as well as route and chartered taxis. Privately owned motor vehicles are also an important transportation mode. Traffic congestion is highest along the main routes of Mountain View Avenue, Stanton Terrace, Roosevelt Avenue and Arthur Wint Drive during peak hours. These transportation routes serve as major arterial roads linking the business areas of Cross Roads, Liguanea and New Kingston. Vehicular Parking Northern Mountain View Avenue is usually a heavily trafficked route. During peak hours there is significant traffic congestion along this thoroughfare. During major functions at the National Stadium, particularly sporting events, there is usually substantial pedestrian and vehicular traffic along some of the roadways. The provision of adequate on-site parking spaces for commercial, office and residential developments is very critical to the traffic circulation and function of the roadways. POLICY NMV T 1 The planning authority will ensure that all development proposals along the major thoroughfares of Upper Mountain View Avenue and Arthur Wint Drive provide the required parking allotments within the curtilage of the development site as outlined in Appendix 7 of this Order. FIFITH SCHEDULE, contd. 422 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY NMV T 2 The planning authority will not support proposals for new development or extensions unless the required number of parking spaces on site, including parking for the disabled, are provided or unless such provisions can be met on property in proximity which is owned by the developer or in which he has legal interest. Only the remainder of the property can be developed and any development on such property will have to provide its own parking separate from that which has been allocated to the other development. Landscaping significantly improves the aesthetics of parking areas, and by minimising the percentage of paved surfaces reduces storm water runoff, reduced localized flooding and reduction in the effects of the urban heat island. POLICY NMV T 3 The planning authority will ensure that parking lots are properly sited and are sufficiently landscaped (accounting for at least 10 per cent of total lot area), to the satisfaction of the local authority. POLICY NMV T 4 All new developments with outdoor parking lots shall utilise green or permeable parking techniques, to the satisfaction of the planning authority. Roads The road network in the Northern Mountain View Local Planning Area is important in determining the quality of life of residents, since it determines the ease with which they can move about in the community and gain access to other areas. As the city grows, the necessity to improve several roads in order to accommodate traffic, pedestrian and other modes of transport will arise. It is incumbent on the planning authority to safeguard road reservations from inappropriate development. POLICY NMV T 5 Mountain View Avenue is due for road widening as per Appendix 5, and the planning authority will ensure that all developments are appropriately setback to allow for the required widening. POLICY NMV T 6 The formation of access onto main or secondary roads will only be approved where vehicles are able to turn safely and conveniently within the confines of the site facility taking ingress and egress in forward gear. POLICY NMV T 7 The planning authority will seek to ensure that allowances for traffic separation are incorporated in road improvements along appropriate routes which may be identified from time to time. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 423 Sidewalks are to be considered when roads are being developed. At times they are either not provided or are not suitable for traversing by the disabled community and other vulnerable groups including children and the elderly. In this regard, POLICY SP T13 should be consulted in conjunction with the following policies. POLICY NMV T 8 The planning authority will seek to ensure that adequate provisions are made to improve the walking conditions for pedestrians within the local planning area. POLICY NMV T 9 The local planning authority will seek to ensure that within the planning area all intersections and roadways are equipped with ramps and proper lighting to give visibility to motorists and all pedestrians including disabled persons. HOUSING Residential dwellings in the Northern Mountain View Avenue Local Planning Area are mainly single family detached type units. In order to retain residential use in the area and halt the intrusion of non-residential activities multifamily developments will be considered on suitable sites. These should be a minimum size of 0.2 hectares and be in proximity to the central sewage disposal system amongst other considerations. POLICY NMV H 1 Multifamily developments may be permitted on parcels of land which are 0.2 hectares (0.5 an acre) in area and over in size. POLICY NMV H 2 The following density ranges shall apply: (i) Density shall not exceed 125 habitable rooms per hectare (50 habitable rooms per acre) with building heights not exceeding four (4) storeys in areas so identified on the Density Zoning Map in Figure 7; (ii) Density shall not exceed 250 habitable rooms per hectare (100 habitable rooms per acre) in areas so identified on the Density Zoning Map in Figure 7. POLICY NMV H 3 Minimum setbacks from property boundaries for apartment/townhouse development housing 125 hr/h (50 hr/a) and over: (i) 1.5 metres from the sides per floor to a maximum of 4.5 metres; FIFITH SCHEDULE, contd. 424 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (ii) 1.5 metres from the rear per floor to a maximum of 4.5 metres; (iii) the front boundary should be in keeping with the existing building line or as dictated by the height of the building and as stipulated by the Road Authority. POLICY NMV H 4 The amalgamation of lots to allow for multifamily development will be encouraged where the individual lot does not meet the minimum size required for multifamily development. POLICY NMV H 5 New multi-family developments (apartment/townhouse) are expected to provide amenity area on site at the rate stipulated in Appendix 10. POLICY NMV H 6 Proposals for change of use of a residential property to a non-residential use will only be permitted if the non-residential activity is compatible with the residential character of adjoining lots. SOCIAL AMENITIES Recreation Area and Open Spaces The National Stadium, the National Arena and the National Indoor Sports Centre are located within the Northern Mountain View Local Planning Area, however, the local planning area has no public open spaces or public recreational space for the dedicated use of residents. This area has been identified as one where higher residential densities will be allowed hence the provision of community recreational areas whether public or private will need to be provided concurrently with increased densities. The local planning authority will seek to ensure that sufficient lands are located within or in proximity to this locality for the development of a public amenity area or areas in suitable locations which will serve the recreational needs of the area. In such cases Government owned lands will first be considered. POLICY NMV SA 1 The planning authority will identify and seek to have acquired lands in suitable locations within the Northern Mountain View Local Planning Area to facilitate the development of open spaces. POLICY NMV SA 2 All lots within the Northern Mountain View Local Planning Area that may from time to time be acquired for public open spaces, shall be developed only for such use. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 425 POLICY NMV SA 3 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. POLICY NMV SA 4 Structures or uses that do not complement the recreational use of lots provided for such activities will not be allowed on any public open space or amenity area. POLICY NMV SA 5 Where residential developments are permitted amenity areas provided shall be developed only for such purposes. Educational and Institutional There is only one primary educational institution within this local planning area. Other institutional uses include churches and private educational training facilities. The Excelsior High School and Community College along with the Mountain View Primary School are located within the boundary of the Upper Mountain View Local Planning Area. POLICY NMV SA 6 New proposals for institutional development along the Northern Mountain View Avenue Local Planning Area shall be considered on their own merit. POLICY NMV SA 7 The expansion of existing educational institutions will normally be supported in keeping with the development guidelines provided in this Order to the satisfaction of the planning authority. POLICY NMV SA 8 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines of the Ministry of Education. POLICY NMV SA 9 Development of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area. URBAN ECONOMY Residential uses generally dominate the Northern Mountain View Avenue Local Planning Area. Notwithstanding the residential nature of the area, there are commercial and office uses present mainly along the major thoroughfares of Mountain View Avenue, Arthur Wint Drive, Latham Avenue and Cunningham Avenue. The Alhambra Inn is located within the Northern Mountain View Local Planning Area and offers both lodging and conference facilities. FIFITH SCHEDULE, contd. 426 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Without proper planning and guidance the interior residential lots as well as those near to and along the major roadways could be converted to non-residential uses. This is likely to create a nuisance for residents and compromise the residential use and character of the area. POLICY NMV UE 1 Commercial and office activities will only be permitted on those lots identified for the purpose on the Land Use proposal Inset Map No. 10 in this Order. POLICY NMV UE 2 Buildings in areas identified for commercial or office use shall not exceed four (4) storeys in height, with a floor area ratio of 0.5. Such development must satisfy the required planning standards, inclusive of on-site parking and setbacks to the satisfaction of the planning authority. POLICY NMV UE 3 Development comprising mixed residential and professional office use will be considered on lots zoned for residential/office use, as indicated on the Northern Mountain View Land Use Proposal Map. POLICY NMV UE 4 Light industrial activities will normally be permitted only within the areas zoned for commercial or office use. Such developments will be assessed on their own merit. There is a mixture of commercial, office, and light industrial uses interspersed among residential uses primarily in the north-eastern section of the local planning area on Crieffe Road, Tremaine Road Latham Avenue and it is in these areas that compatible use mixes will be considered. On other residential lots such activity will be severely restricted. Where lots are zoned for mixed uses either one or a mix of the uses is allowed. POLICY NMV UE 5 Where non-residential uses are contemplated on lots zoned for residential use, the development shall not exceed two (2) storeys in height, a floor ratio of .5 and site coverage up to 50% and should not affect the residential amenity of the adjoining sites. POLICY NMV UE 6 Compatible mixed use developments where residential and non-residential uses occur on the same lot will normally be allowed. The ratio of residential to non residential use shall be in the ratio of 60%–40% respectively. POLICY NMV UE 7 Where non-residential uses border lots zoned for residential use the planning authority may vary setbacks and other planning requirements in order to safeguard privacy and amenity of existing residents. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 427 In light of the proximity of the Northern Mountain View Local Planning Area to the National Indoor Sports Centre, Stadium and Arena there are opportunities for developments ancillary to those uses, inclusive of small hotels to accommodate both local and international visitors to sporting events. POLICY NMV UE 8 New proposals for hotel development and other sport related supporting facilities within the Upper Mountain View Local Planning Area shall be considered on their own merit. POLICY NMV UE 9 Buildings for hotel uses shall not exceed four storeys in height and should be sympathetic to the residential nature of the area. POLICY NMV UE 10 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. CONSERVATION OF THE BUILT ENVIRONMENT The former residence of National Hero, the Rt. Excellent Alexander Bustamante is located at Twenty-four Tucker Avenue. This site was included as a building of archaeological and historic interest by the Jamaica National Heritage Trust (JNHT) in April 1991. The planning authority will endeavour to protect, preserve and enhance the special character and environs of historical buildings, especially those protected under the National Heritage Trust Act, and will promote the use of such buildings, sites and districts for the education, pleasure and general welfare of the people of the City. The applicable General Development policies relating to Historical/Archaeological sites and buildings will also apply. POLICY NMV C 1 The planning authority will not allow any works to any buildings of historic interest in this special area if it considers that such action would adversely affect the architectural or historic interest of the building until adequate consultation has been carried out with the Jamaica National Heritage Trust and they have approved the proposed development. WASTE TREATMENT AND DISPOSAL Sewer mains exist along Old Hope Road, the boundary of the Northern Mountain View Local Planning Area. However there is no central sewage in the interior. Traditionally, sewage was normally disposed of onsite usually by means of absorption pits. Septic tanks were subsequently used along with absorption pits FIFITH SCHEDULE, contd. 428 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 as the main method of sewage disposal. There has been increasing recognition of the effects of sewage pollution on the ground water resources of the alluvium aquifer of the Liguanea Plains. Consequently, there are plans to implement a central sewage system by the year 2020. However, currently there is a concerted effort to have sewage treated at least to a tertiary level in the Northern Mountain View Local Planning Area. POLICY NMV WT 1 Permission will not be granted for new buildings or extensions in areas without central sewage unless the sewage treatment facilities proposed will treat the sewage produced to at least a tertiary level. POLICY NMV WT 2 In sewered areas within the Upper Mountain View Local Planning Area developments will be encouraged to connect to the central sewage system. POLICY NMV WT 3 On the introduction of central sewage covering the whole area all new developments will be encouraged to connect to the central system. There is scheduled domestic waste collection by the National Solid Waste Management Authority (NSWMA) within the Upper Mountain View Avenue Local Planning Area. The local planning authority will support recycling and re-use particularly with regards to commercial and office developments in order to reduce the volume of waste entering the Riverton Solid Waste Treatment and Disposal Facility. POLICY NMV WT 4 The planning authority will seek to ensure that the provision of facilities for the separation, and recycling of waste are provided in suitable locations in existing and new developments. PAPINE UNIVERSITY DISTRICT LOCAL AREA PLAN Description The Papine University District Local Planning Area is one of Jamaica’s major institutional and educational centres being home to two of the island’s main tertiary institutions (University of the West Indies and University of Technology) along with other vocational and training institutes. The area also has the University Hospital of the West Indies; the first teaching hospital in the region. The Royal Botanical Gardens of Hope (Hope Gardens) is the largest public green space in the Kingston Metropolitan Region. It is home to Jamaica’s most popular collection of endemic and exotic botanical collections. There is also a mixture of residential, institutional and commercial developments in the area. Its sphere of influence extends to areas such as Hope Estate, Mud Town, and Hope Tavern. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 429 Data from the Statistical Institute of Jamaica (STATIN 2011 and 2001) indicated that the Papine University District Local Planning Area had a population of 22,008 persons in 2001; the population decreased to 21,080 persons in 2011 representing a 4% decrease during the intercensal period or at a rate of -0.42 percent annually. Using these figures the population is projected to decrease to 20,231 in 2021 and further decrease to 19,479 by 2030. A major objective of the Kingston and St. Andrew parish Development Order is to provide for the orderly and progressive development of that area described as the Papine University District Local Planning Area in the First Schedule. TRANSPORTATION The main mode of transportation in Papine University District is by way of public and private passenger motor vehicles, cycling and walking. Public Transportation The Papine University District Square is a major transportation hub linking sections of rural St. Andrew to its urban counterpart. Public transportation in the Papine University District Local Planning Area is provided by the Jamaica Urban Transit Company Ltd. (JUTC) and its sub-franchises, route and chartered taxis and privately owned motor vehicles. There is the need however, to provide safe and satisfactory off road parking facilities for public carriers and commuters using public transport. In the local planning area there is no public transportation centre for the use of buses and taxis to operate. Buses and taxis set down and pick up passengers on the roadway in the vicinity of the Papine Park resulting in a chaotic situation on the roadway which interferes with the smooth flow of traffic and is inconvenient to other road users. POLICY PUD T 1 The planning authority will seek to have established a public transportation centre in the vicinity of the Park in Papine Square which will be a multipurpose facility, incorporating an open space and transportation centre. POLICY PUD T 2 The planning authority will ensure that the multipurpose facility is developed along with the supporting amenities necessary for the comfort of the commuters and other users of the facility. POLICY PUD T 3 The local planning authority will seek to ensure that any rehabilitation of main and other roads carried out in the area will include adequate sidewalk facilities where absent and that it caters for the disabled and persons with special needs such as the aged. FIFITH SCHEDULE, contd. 430 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Vehicular Parking The planning area lacks sufficient public parking facilities which has resulted in instances of on-street parking. This has generally caused hindrances to traffic flow and circulation especially during peak hours in the vicinity of the Papine Park, along the Gordon Town to Old Hope Road and Chandos Place Road. POLICY PUD T 4 To facilitate the smooth flow of traffic in the vicinity of the park in Papine Square along Chandos Place Road, Gordon Town to Old Hope Road the planning authority will ensure that all developments provide sufficient parking within the curtilage of the development. POLICY PUD T 5 On-street parking will only be encourage where it does not affect the free flow of traffic and is not detrimental to pedestrians and other road users. Parking for several office and commercial developments in the vicinity of the roundabout is usually inadequate or non-existent. Similarly to other sections in the urban area, this results in vehicles parking along roadways. POLICY PUD T 6 The planning authority will not support proposals for any new development or extensions unless the developer provides the required number of parking spaces on site, including parking for the disabled, or unless such provisions can be met elsewhere to the satisfaction of the planning authority. Landscaping significantly improves the appearance of commercial parking lots and should be provided where these exist. Landscaped islands usually break up large expanses of asphalt and cars, while shade trees add a third dimension to maintain a pedestrian scale. Islands should be large enough and the soil uncompressed and treated to provide a healthy habitat for trees and other plants. POLICY PUD T 7 All office and commercial car parks should have at least ten per cent of the asphalted area landscaped with ornamental trees to the satisfaction of the planning authority. POLICY PUD T 8 All new developments having outdoor parking lots shall make use of green/permeable parking surface techniques. Roads The road network system is designed to facilitate both vehicular and pedestrian movement throughout the planning area. However, some sections lack the provision of sidewalk facilities or where they are provided they are inadequate or unsafe FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 431 resulting in pedestrians walking onto the roadway. Old Hope Road and Mona Road are subject to road widening proposals as outlined in the Road Reservation Map in Appendix 5. It is therefore important to have developments adequately setback to accommodate these improvements. POLICY PUD T 9 The planning authority will seek to ensure that road widening proposals for Old Hope Road and Mona Road are undertaken as outlined in Appendix 5. POLICY PUD T 10 Development proposals shall be adequately setback from road boundaries as indicated in Appendix 5 and 6 to allow for road widening improvements including provisions for sidewalks, widening and street-scaping. HOUSING Residential units in the local planning area are mainly single family detached type units. However, the construction of multifamily apartment/townhouse developments is increasing. In the future with the pressing demand for additional housing units and an increase in densities, multi-family developments on suitable sites will normally be considered in centrally sewered areas. POLICY PUD H 1 Multi-family developments may be considered in centrally sewered areas on parcels of land which are 0.1 hectares (¼ acre) and over in area. This may be varied if the development can satisfy the relevant planning standards to the satisfaction of the planning authority. POLICY PUD H 2 The following density ranges shall apply: (a) Density shall not exceed 75 habitable rooms per hectare (30 habitable rooms per acre) with building heights not exceeding two (2) storeys in areas so identified on the Density Zoning Map in Figure 7; (b) Density shall not exceed 125 habitable rooms per hectare (50 habitable rooms per acre) with building heights not exceeding four (4) storeys in areas so identified on the Density Zoning Map in Figure 7. POLICY PUD H 3 Minimum setbacks from property boundaries for apartment/townhouse development: (i) 1.5 metres from the sides per floor to a maximum of 4.5 metres; FIFITH SCHEDULE, contd. 432 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (ii) 1.5 metres from the rear per floor to a maximum of 4.5 metres; (iii) the front boundary should be in keeping with the existing building line or as stipulated by the Road Authority. POLICY PUD H 4 New multi-family developments (apartment/townhouse) are expected to provide amenity area either on site or in proximity to the development at the rate stipulated in Appendix 10. Uncontrolled development on hillsides is a potential hazard as it increases the susceptibility of slope failure, erosion and increased drainage problems. In an effort to protect the stability of these environmentally sensitive areas, control has to be exercised over development proposals to prevent the destruction of trees and the construction of hard paving that contributes to excess runoff. In areas of conservation or environmental importance where low density accommodation or residential development are contemplated the density shall not normally exceed ten (10) habitable rooms per acre (ten habitable rooms per four hectares). POLICY PUD H 5 Density shall not exceed 50 habitable rooms per hectare (20 habitable rooms per acre) in hilly areas and shall be in accordance with the Hillside Development Manual for Jamaica (see Figure 7, 9 and Main Cross Reference Policy SP H27). POLICY PUD H 6 Where housing development proposals are being contemplated in potentially hazardous areas the local planning authority will require the submission of technical documents such as an engineer’s report for consideration of the application. POLICY PUD H 7 Housing development will not be allowed on land that is steep and unstable, vulnerable to erosion, slippage, subsidence, flooding or other natural hazards or which will involve costly extra ordinary precautions by government to safeguard See Main Cross Reference Policy SP H24- SP H25 and Appendix 23). The Papine University District Local Planning Area being a major educational hub. It is important that affordable housing solutions are provided to satisfy the housing need for both students and faculty that may arise. POLICY PUD H 8 The planning authority will normally support the development of affordable housing solutions to meet demand for lodge and boarding from tertiary institutions. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 433 It is imperative that further permeation of the residential area by non-conforming uses be resisted, and nuisance, illegal and non-conforming uses are removed. POLICY PUD H 9 The local planning authority will not normally support non-residential development on lots zoned for residential uses. POLICY PUD H 10 Proposals for partial change of use of a residential property to a non-residential use will be permitted only if the non-residential activity is normally carried out in the day time and the amenity, privacy and enjoyment of neighbouring dwellings is not adversely affected. SOCIAL AMENITIES A number of critical social facilities exist within the Papine University District Local Planning Area. These include educational, health and recreational facilities. These facilities will be preserved and protected for the benefit and enjoyment of the citizens. POLICY PUD SA 1 Developments that would decrease or eliminate any of the social facilities in the Papine University District Local Planning Area will not be supported unless they are being replaced with a similar facility of equal or greater stature in the immediate neighbourhood. Recreation Area and Open Spaces The recreational facilities and services within the Papine area are inadequate. The development and protection of existing public open spaces of high recreational and amenity value will therefore be protected for the benefit and enjoyment of the public. POLICY PUD SA 2 The planning authority will support the preservation and improvement of existing public open spaces and areas of high amenity value for the use and enjoyment of the public. POLICY PUD SA 3 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. POLICY PUD SA 4 In all new housing developments land is to be provided for open space and other amenity purposes either on site or in proximity to the development at the rate set out in Appendix 10 and such lands can either be for active or passive recreational purposes. FIFITH SCHEDULE, contd. 434 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Located in Papine Square is the Papine Park that is in need of major improvements to increase its feasibility for recreational and leisure activities. Presently the park is in a deplorable condition and is being used as an extension of the market by some vendors. However, in order to serve the purpose for which it was intended the Park must be protected from any further encroachment. Though relatively small, it is a much-valued public green space where people can interact and engage in passive and active recreational activities, so its usages for other activities will be limited. POLICY PUD SA 5 Lots zoned as public open spaces, or for recreational uses, shall be developed only for such use and the planning authorities will not support any uses that are in conflict with the proposed zoning. Another major recreational area located in the Papine University District is the Hope Botanical Gardens and the adjoining Hope Zoo. The local planning authority will support the rehabilitation and or other compatible uses of these attractions to improve the recreational value of the local planning area. POLICY PUD SA 6 The use of the existing social facilities for other compatible uses will be supported by the local planning authority provided their individual requirements are met and they would not be out of character with the area. Institutional Education plays a central role in promoting national well-being and the social, economic and cultural development of a country. The Papine University District Local Planning Area is comprised of one of the highest concentration of educational institutions and is therefore a vital national resource. The area is home to the University of Technology, the University of the West Indies, Jamaica College, Mona High School, Papine High School, HEART/NTA Vocational Training Development Institute. POLICY PUD SA 7 Developments which would result in the reduction of the available educational facilities will not be encouraged unless provisions can be made elsewhere at a suitable location to offset any loss which would result from such development. The Papine University District Local Planning Area has some of the basic social facilities and amenities that residents require for their social well-being. Those social facilities that are absent are available in adjoining areas. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 435 POLICY PUD SA 8 Schools and places of public worship and religious instruction may be allowed at appropriate locations and should not negatively affect the residential amenity of the area. POLICY PUD SA 9 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools. POLICY PUD SA 10 Building heights for new places of worship or religious instruction shall not exceed three (3) storeys. POLICY PUD SA 11 Building heights for residential institutions shall not exceed three (3) storeys. POLICY PUD SA 12 The multiple use of public facilities will be encouraged. The University Hospital of the West Indies is an internationally recognized academic institution and Type A regional referral hospital, facilitating the training of health care professionals and research while providing a myriad of health care and clinical services. The local planning authority will support the upgrading and maintenance of all health facilities within the locality to accommodate the demand of the growing population as the need arises. POLICY PUD SA 13 The local planning authority will support the expansion and upgrading of the University Hospital of the West Indies as is necessary. URBAN ECONOMY The economy of the Papine University District is characterized by commercial and service-oriented businesses. However, the local planning area requires a more diversified economic base providing a wider range of employment opportunities for residents in order to sustain and balance development of the area. Growth in business and industry will add tremendously to this and will be encouraged. POLICY PUD UE 1 The planning authority will normally support the extension of businesses and industries and the establishment of new ones, provided that the development has little or no adverse effect on the site to be developed or neighbouring sites and is not out of character with the area. POLICY PUD UE 2 Planning permission will be granted to allow commercial activities and other mixed uses along the main road where they are compatible with the existing developments and will not cause damage to the amenities of the area. FIFITH SCHEDULE, contd. 436 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY PUD UE 3 For commercial uses, the following standards shall apply: (i) Buildings shall not normally exceed two (2) storeys in height. However, the planning authorities may consider a height of three (3) storeys in exceptional circumstances; (ii) Buildings may maintain a zero lot line except to the front in accordance with road reservations to the satisfaction of the planning authority; (iii) Floor area ratio shall not exceed 1:1 and lot coverage not exceed 50%; (iv) Parking shall be in accordance with Policies PUD T1-9 to the satisfaction of the planning authority. POLICY PUD UE 4 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. Light industrial activities such as garment manufacturing and printing etcetera will be supported at appropriate locations throughout the planning area. Where light industrial uses are permitted in office or commercial areas their operation must be such that it does not negatively affect the amenity of neighbouring lots. POLICY PUD UE 5 Light industrial activities may be permitted on lots zoned for office/commercial uses which are compatible with the general character of the area and have no adverse impact on the environment in the local planning area. POLICY PUD UE 6 Industrial buildings should not exceed: (i) Two (2) storeys in height; (ii) Floor area ratio of 0.5; (iii) Site coverage of 331/ 3 percent. Mixed uses such as situations in which residential and commercial activities will be encouraged at suitable locations will be allowed within the urban core. This will enable lands within the town centre to be used to their full potential and introduce life to the town, especially at nights when most activities cease operations. However where these activities are incompatible this will not be encouraged. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 437 POLICY PUD UE 7 The local planning authority will encourage mixed use development such as residential and commercial where this is appropriate within the urban core, and will at all times protect the residential amenities. POLICY PUD UE 8 Where non-residential uses border lots zoned for residential use the planning authority may vary setbacks and other planning requirements in order to safeguard privacy and amenity of residents. The Papine Market plays a significant role in the local planning area, as it is one of the primary facilities for the sale of agricultural produce from the farming areas within sections of east rural St. Andrew. However, there is a need to upgrade the market and improve the associated effects of its activities on traffic flow and pedestrian safety. POLICY PUD UE 9 The local planning authority will seek to ensure that the Papine market is upgraded as the need arises to provide the facilities required to make the market experience a pleasurable and worthwhile one for both vendors and consumers in terms of layout of stalls, paving, shelter sanitary conveniences and adequate parking. CONSERVATION OF THE NATURAL & BUILT ENVIRONMENT Nature Conservancy The Royal Botanical Gardens of Hope (Hope Gardens) is home to a variety of interesting flora and fauna. It is also one of the few open spaces in Kingston and St. Andrew that is suitable for recreation, pleasure, sight-seeing and picnicking. POLICY PUD C 1 Existing public open spaces and areas of high amenity value will be preserved and improved for the use and enjoyment of the public and no other use or development will be allowed in the area except with the expressed permission of the planning authority. The Built Environment It is imperative to preserve our national monuments and historical sites which add variety to the landscape. The Papine-Mona Aqueduct epitomises fine 18th Century engineering in Jamaica. Several buildings at Jamaica College with their Gothic and Georgian architectural designs were declared as Heritage Sites by the Jamaica National Heritage Trust (JNHT). The Papine-Mona Aqueduct is a brick structure built by Thomas Hope Elleston in 1758 and was commission up until the year 1908. The Aqueduct (a relic of the slavery era) once served the Mona, Hope, and Papine Estates with water from the Hope River. Remnants of this historic monument can still be seen on the Campus of the University of the West Indies. FIFITH SCHEDULE, contd. 438 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY PUD C 2 The planning authority will not grant permission for any development within a heritage area that would alter the character and ambiance of any monument without first consulting with the Jamaica National Heritage Trust. The main reason for declaring the Heritage Sites and National Monuments is to prevent their demolition and alteration, as doing so would be deleting our heritage resources. POLICY PUD C 3 The planning authority will not grant planning permission for any development that would damage any National Monument or Heritage Site which is of historic importance or one adjacent to such site, which would adversely affect its setting. POLICY PUD C 4 Applications which involve the demolition or alterations of any National Monument or Heritage Site will not normally be considered unless it can be demonstrated that such structure has no beneficial or potential use and the structure cannot be made sound and warrants such action. As buildings/structures age it is recognized that repairs and extensions may be necessary to protect the structural integrity of such buildings. Notwithstanding this, it is important that the original features of the Papine-Mona Aqueduct are protected as much as possible. POLICY PUD C 5 Any application for the repairs or extension of any National Monument or Heritage Site should receive permission from the planning authority and the JNHT before any such repairs or extensions commences. Due to the recurring impact of catastrophic rain events in some areas within the Kingston and St. Andrew Development Order Area, it is being proposed that ‘Restricted Development Zones’ be established within some of the areas where the risk of disasters (slope failures, flooding per se) is very high. These areas, though not exclusive include Wicky Wacky, Caribbean Terrace and sections along the Hope River Valley. POLICY PUD C 6 There shall be a “No Build Zone” along the Hope River of a minimum of fifty (50) metres or approximately one hundred and sixty four (164) feet measured horizontally from the banks of the river. (See Inset Map No. 11). FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 439 The topography of the northern section of the Papine University District Local Planning Area is vulnerable to land slippages. Unauthorised developments to a great extent, especially in the Mud Town area contribute to the slippages; which is further exacerbated during torrential rains, resulting in extensive damage to property and humans. This area will be designated a conservation area; where if development has to occur then it must adheres to strict specifications as set out by the Planning authority. POLICY PUD C 7 Proposals which would affect or might be affected by unstable or potentially unstable land will not be permitted unless it can be shown that the development can be implemented without any unacceptable risks to occupiers of the site or adjacent sites. POLICY PUD C 8 The planning authority will resist the destruction of trees or clusters of trees where they are of ecological and amenity value and will if necessary encourage the Local Authority to place Tree Preservation Orders on such trees to ensure their protection. WATER SUPPLY The Hope River Watershed is drained by the Hope River and its tributaries which are tapped by the Mona Reservoir. The Mona Reservoir is an important water source that serves the city of Kingston. This is however being threatened by pollution and increase in siltation as a result of deforestation and quarrying within the watershed area. Accumulation of silts in the reservoir greatly reduces its capacity and by extension reduces the city’s water supply. POLICY PUD WS 1 The planning authority will not support any development within the Hope River Watershed area that will be detrimental to the quality and volume/flow of the Hope River and by extension the Mona Reservoir. POLICY PUD WS 2 Rainwater harvesting will be encouraged in residential and other developments to improve access to potable water supply system. WASTE TREATMENT AND DISPOSAL Sewage Disposal Sections of the Papine University District Local Planning Area are serviced by the National Water Commission’s (NWC) central sewerage system. Sewer mains traverse Old Hope Road and sections of Hope Boulevard and Aralia Drive within the planning area. According to the National Water Commission (NWC) Sewage Expansion Plan for Kingston and St. Andrew, the planning area is highlighted as FIFITH SCHEDULE, contd. 440 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 a proposed project area for full sewer connection by 2015 to 2020. Many of the existing developments presently dispose of sewage via absorption pits and in some instances a combination of pit and septic tanks. In many instance the sewage treatment facilities do not treat the sewage to a tertiary level. POLICY PUD WT 1 New buildings and extensions in areas without central sewage must provide a waste treatment facility that treats sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the relevant authorities. POLICY PUD WT 2 Notwithstanding original conditions of approval, to protect the environment, it is expected that on the introduction of central sewage all developments will be connect to the public central system within a reasonable time. Solid Waste Domestic solid waste is scheduled to be collected by the National Solid Waste Management Authority (NSWMA) daily along the main roads and twice weekly in other areas within the planning area. However, in areas where solid waste collection is less frequent and in an effort to reduce public health and safety problems the planning authority will ensure that all developments make provision for waste storage and collection in tamper and rodent proof devices. POLICY PUD WT 3 The planning authority will ensure that all new developments make provisions for the storage and collection of waste within the curtilage of the development. POLICY PUD WT 4 The planning authority will facilitate the appropriate siting of facilities for the separation, and recycling of waste in new developments. PATRICK GARDENS LOCAL AREA PLAN Description Patrick Gardens is an established residential community which is characterized by single family residential lots. There are several undeveloped lots within this area which are used for urban farming. Non-residential uses occurring within this Local planning area include light industrial, office, commercial and institutional uses. Patrick Gardens is surrounded by the residential communities of Pembroke Hall to the east, Duhaney Park to the west, Forest Hills to the north. The Patrick Gardens Local Planning Area is located approximately 5 kilometres from Halfway Tree, 1 kilometre from Duhaney Park Shopping Centre and 0.5 kilometres from the FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 441 Boulevard Shopping Centre. The Washington Boulevard forms the southern boundary of the Local planning area, and was recently upgraded to better facilitate the flow of vehicular traffic. TRANSPORTATION The Patrick Gardens Local Planning Area is serviced by public transportation. Presently, there is no Public Transportation Centre in the area as a number of designated bus stops for the setting down and picking up of passengers are strategically located throughout the area. Patrick Drive and Conway Drive accommodate relatively large volumes of traffic at peak hours as motorists utilize this route to bypass traffic on the Washington Boulevard and to access other residential areas such as Red Hills, Havendale and Chancery Hall. The National Works Agency has identified this roadway for improvement. Vehicular Parking The Washington Boulevard is the main thoroughfare that runs along the south of the local planning area. This thoroughfare is heavily used by motorists, and becomes very congested during peak hours on a daily basis. Abbervale Avenue and Conway Drive both provide vehicular connection to the Washington Boulevard hence on street parking will not be encouraged during peak hours. POLICY PG T 1 To prevent congestion along Washington Boulevard, Abbervale Avenue and Conway Drive and facilitate the smooth flow of traffic the planning authority will not support on street parking along these roads. Parking spaces have been provided by developers of offices, commercial developments, and institutional uses within the area. However, adequate parking provision for vehicles has become a major challenge. POLICY PG T 2 The planning authority will ensure that all development proposals provide the required parking allotments within the curtilage of the development site as outlined in Appendix 7 of this Order. In areas zoned for commercial and office use in Patrick Gardens, the planning authority will seek to ensure that the siting and design of parking allocation, to buildings encourage pedestrian friendliness, and landscaping is significantly landscaped. By minimising the percentage of paved surfaces there is the added benefit of lessened storm water runoff, reduced localized flooding and reducing the effect of the urban heat island. POLICY PG T 3 All new developments having outdoor parking lots shall make use of permeable parking surface techniques. FIFITH SCHEDULE, contd. 442 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY PG T 4 The planning authority will ensure that parking lots are sufficiently landscaped (accounting for at least 10 per cent of total lot area), to the satisfaction of the planning authority. Roads At present, vehicular access to the Washington Boulevard is for the most part limited to light controlled access points, however there are several instances where lots have in the past been granted individual access to the roadway. In order to prevent disruption in the flow of traffic along this major therefore individual vehicular access points via lots abutting the Washington Boulevard will be prohibited. The road network in Patrick Gardens is important in determining the quality of life and mobility of residents, as it determines the ease with which they can move about in the community and gain access to other areas. Widening of existing roadways to accommodate future anticipated traffic volumes may be compromised by development activity if they are not adequately setback at the outset. A section of Patrick Drive has been identified by the National Works Agency as an important conduit of vehicular traffic and has indicated that road reservations should be increased to 21 metres (70 feet) from the intersection with Washington Boulevard to the right angle corner at Conway Drive as indicated in Appendix 5. POLICY PG T 5 Development proposals shall be adequately setback from road boundaries to allow for road improvements including provisions for sidewalks, widening and street scaping. POLICY PG T 6 A section of Patrick Drive from the intersection with Washington Boulevard to the right angle corner at Conway Drive is due for road widening and all developments shall be appropriately setback to allow for the required widening as indicated by the National Works Agency and Appendix 5. In order for communities to be part of an integrated urban landscape they need to be connected by roadways that allow for easy and efficient communication links. An efficient road network is required in order for Patrick Gardens to be linked with Pembroke Hall. POLICY PG T 7 A lot of land has been reserved at No. 92 (lot 710) Patrick Drive for a link road to Pembroke Hall and this shall be reserved for this purpose and no other development shall be permitted thereon. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 443 It is the intention of this Order to facilitate increased use of the public transportation system. This will include the coordination of routes and land uses which allows ease of access from residences to public transport stops and the facilitation of pedestrian links between major nodes. To this end, the planning authority will identify routes within the Patrick Gardens Local Planning Area and seek to ensure the expansion of public transport to these routes to better serve the community. POLICY PG T 8 The planning authority will seek to ensure that public transport routes are extended to routes within the Patrick Gardens Local Planning Area which will be identified from time to time. HOUSING Residential units in the Patrick Gardens Local Planning Area are mainly single family detached type units. There are however, a small number of apartment/ townhouse developments within the area. The planning authority will normally support infill development within this locality once the development satisfies the relevant planning standards and guidelines outlined in this Order and which are sympathetic to the character of the area. POLICY PG H 1 Apartment/townhouse developments may be considered for infill development in area. POLICY PG H 2 Density shall not exceed 75 habitable rooms per hectare (30 habitable rooms per acre) with building heights not normally exceeding two (2) storeys. (See Figure 7) It is imperative that future intrusion of un-neighbourly non-residential uses into the local planning area is curtailed. The removal of un-neighbourly uses that create a nuisance to the enjoyment of residential amenities also has to be addressed. POLICY PG H 3 The planning authority will not normally support non residential development on lots zoned for residential uses. POLICY PG H 4 Proposals for change of use of a residential property to a non-residential use will be permitted only if the non-residential activity is normally carried out in the day time and the amenity privacy and enjoyment of neighbouring dwellings is not adversely affected. POLICY PG H 5 Where non-residential uses border lots zoned for residential use the planning authority may vary setbacks and other planning requirements in order to safeguard privacy and amenity of residents. FIFITH SCHEDULE, contd. 444 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Hazard Mitigation The Patrick Gardens Local Planning Area is susceptible to flooding during severe weather conditions. A study identifying the cumulative impact of development on hills above and assessment of the hydrology of the area will be essential in identifying appropriate mitigative measures which will improve the living conditions in this local planning area. POLICY PG HM 1 The local planning authority will seek to ensure that storm water from adjoining communities is contained and diverted from the area thereby lessening the possibility of flooding which occurs occasionally. SOCIAL AMENITIES Recreation Area and Open Spaces The Patrick Gardens Local Planning Area has a recreational facility and a reserved open area which play an integral part in community building and aesthetics. As such all efforts will be made to preserve and improve their existence and functionality. POLICY PG SA 1 The conversion of the recreational facility in Patrick Gardens to other uses will not be supported by the planning authority, unless a suitable alternate location can be acquired and developed for the purpose. POLICY PG SA 2 The triangular plot of land at the intersection of Patrick Drive and Conway Drive and the lots at Wilkinson and Beatrice Close on which the community centre is constructed, shall be retained as recreational areas. The provision of adequate public amenity area for the enjoyment of residents is critical to the sustained orderly residential development of the Planning Area. Hence, the planning authority will seek to ensure that lands are identified within or in proximity to this locality for the development of public amenity areas in suitable locations. In such cases Government owned lands will first be considered. POLICY PG SA 3 The planning authority will identify and seek to acquire lands in suitable locations within the Patrick Gardens Local Planning Area to facilitate the development of public amenity areas. Institutional uses within the Patrick Gardens Local Planning Area include educational, day care and religious uses. While no public educational facilities are located within this local planning area there are several such facilities in proximity including the Edith Dalton James High School, Pembroke Hall Primary and High Schools and George Headley and Duhaney Park Primary Schools. It should however be noted that according to available Ministry of Education enrolment statistics, over 50% of the public schools in proximity of this local planning area are over capacity FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 445 POLICY PG SA 4 Development of new places of worship or religious instruction will only be allowed on the lots identified for such uses on Inset Map No. 12. The extension of such uses shall be considered on their own merit and should not negatively affect the amenity of the area. POLICY PG SA 5 The expansion of existing educational institutions will normally be supported in keeping with the development guidelines to the satisfaction of the planning authority. POLICY PG SA 6 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines of the Ministry of Education. URBAN ECONOMY Commercial activity is not prevalent in this predominantly residential area. Presently commercial activity is more prominent along the northern side of Washington Boulevard while a mix of residential/commercial and light industrial activities are interspersed in the interior of the neighbourhood. If not properly controlled however, these non-residential activities may evolve into a major nuisance for residents in the future. POLICY PG UE 1 Commercial and office activities will only be permitted on lots zoned for commercial uses on the Land Use Proposal Inset Map No. 12. POLICY PG UE 2 Mixed uses will not normally be supported in the interior of the community. POLICY PG UE 3 Proposals for change of use of a residential property to a non-residential use will only be permitted if the non-residential activity is compatible with the residential character of the area and provide a service to the community. POLICY PG UE 4 Building heights for office and commercial uses should not exceed two (2) storeys in areas zoned for this use as indicated on Inset Map No. 12. In other areas only 1 floor will be permitted Industrial. There are several light industrial uses within the Patrick Gardens Local Planning Area in areas not zoned for such activities. Such developments compromise the residential character of the area and are normally a nuisance to residents. The planning authority will seek to ensure that un-neighbourly uses within the Patrick Gardens Local Planning Area are removed so that the residential amenities of the neighbourhood can be improved and maintained. FIFITH SCHEDULE, contd. 446 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY PG UE 5 light industrial use will only be permitted on the lots zoned for commercial use as indicated on Inset Map No.12 and will be assessed on their own merits. PORT ROYAL LOCAL AREA PLAN Description In the 17th century it was most noted for being the centre of shipping and commerce in the Caribbean Sea is of rich historic and ecological significance. The town of Port Royal is located at the Western tip of the Palisadoes tombolo and was founded in 1518. On 7 June, 1692 a massive earthquake destroyed most of Port Royal, causing two thirds of the city to sink into the Caribbean Sea. This sunken city which is covered by a minimum of approximately 8 metres (25 feet) of water is considered one of the most important underwater archaeological sites in the western hemisphere. Another devastating earthquake on January 14, 1907, again liquefied the sand spit, destroying nearly the entire rebuilt city and submerging additional portions. The Local planning area forms part of the Palisadoes-Port Royal Protected Area, which was declared as such on September 18, 1998 to include the Palisadoes-Port Royal Ramsar Site (formally, the Convention on Wetlands of International Importance, especially as Waterfowl Habitat) which was designated on April 22, 2005. It was designated in order to manage, protect and maintain its ecological systems, biodiversity, cultural and aesthetic resources of Port Royal and its environs. The town of Port Royal was also declared as a National Heritage site in July 1999 by the Jamaica National Heritage Trust because of its architectural and archaeological significance. The planning area is also home to one of the island’s major international airports and as such provides an important gateway for visitors to the island. Data from the Statistical Institute of Jamaica (STATIN) indicated that the Port Royal Local Planning Area had a population of 1,252 persons in 2011; representing a 24.16 percent population decrease from 1,651 persons in 2001 at a rate of -2.416 percent annually. Using these figures the population is projected to further decrease to 1,012 in 2021 and 812 by 2030. However, in an attempt to encourage and preserve the residential amenity in this area the planning authority will consider multifamily residential developments at appropriate locations. TRANSPORTATION Transportation provides residents of Port Royal with mobility and access to employment, community resources, medical care, educational and recreational facilities to other areas within the local planning area and the wider Development Order Area. The main mode of transportation in Port Royal is by way of land through public and private passenger motor vehicles, cycling and walking with potential for marine type transportation. The area used to be serviced by a public ferry; however this service is no longer offered. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 447 Public Transportation The main mode of public transportation within the Port Royal Local Planning Area is by way of public passenger vehicle operators such as the Jamaica Urban Transit Company Ltd. (JUTC) buses, chartered taxis and minibuses. Currently there is one bus terminal for the setting down and picking up of passengers. The level of traffic generation is distinctly absent during the day, however during the evenings especially on weekends, vehicular traffic to the area increases due to patronage of restaurants in the area. However, potential exists for the development of a multi-modal transportation hub which features both terrestrial and marine transportation options. POLICY PR T 1 The planning authority will seek to identify a suitable area of land and seek to have for the development of a multi-modal transportation hub with provisions for terrestrial and marine transportation options that may be developed over time. Vehicular Parking The vision for Port Royal is based primarily on a pedestrian friendly town where visitors can move freely between attractions. Plans for future tourism expansion in Kingston include Port Royal as a centrepiece. Presently the area is visited by both local and foreign visitors. The vast potential for culture and heritage tourism has been emphasised however, presently there are insufficient designated parking lots within Port Royal. Several open/vacant lots are presently being used for parking. In an effort to avoid congestion and reduce the potential for accidents, on street parking will not normally be favoured. POLICY PR T 2 Suitable parking sites are to be developed to accommodate tourism related traffic such as tour buses and private vehicles; preferably soft-crete parking should be installed to the satisfaction of the planning authority. POLICY PR T 3 Parking facilities must be as set out in accordance with the parking requirements. (Appendices 7 and 9 and Figures 2, 3 and 4). POLICY PR T 4 All new commercial and other urban developments shall be required to provide adequate on-site parking facilities or where feasible, a private car park on an alternate site in a suitable and accessible location to the development. FIFITH SCHEDULE, contd. 448 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY PR T 5 Proposals for commercial and office use which are unable to satisfy their parking requirements on site will be allowed to fill the shortfall on property in proximity to it. Only the remainder of such property can be developed otherwise and must satisfy the additional parking required. Landscaping significantly improves the appearance of commercial parking lots and should be provided where these exist. Landscaped islands usually break up large expanses of asphalt and cars, while shade trees add a third dimension to maintain a pedestrian scale. Islands should be large enough and the soil uncompressed and treated to provide healthy habitat for trees and plant materials. POLICY PR T 6 All car parks should have at least ten per cent of the asphalted area landscaped with ornamental trees to the satisfaction of the planning authority. POLICY PR T 7 All new developments with outdoor parking lots shall utilise green and or permeable parking techniques to the satisfaction of the planning authority. In most existing developments little consideration is given to the special parking needs for the disabled, making it uncomfortable or almost impossible for these persons with special needs to utilise these facilities. POLICY PR T 8 The planning authority shall seek the provision and implementation of parking arrangements for disabled persons which will be in accordance with Appendix 7 and Figure 2. Roads The road network is important in determining the quality of life of residents, since it determines the ease with which they can move about in the community and gain access to other areas. It is incumbent on the planning system to safeguard road reservations from inappropriate development. Sidewalks are to be considered when roads are being developed. At times they are either not provided or are not suitable for traversing by the disabled community and other vulnerable groups including children and the elderly. In this regard, POLICY SP T13 should be consulted in conjunction with the following policies. POLICY PR T 9 Development proposals shall be adequately setback from road boundaries to allow for road improvements including provisions for sidewalks, widening and street scaping as indicated in Appendix 5 and 6 of this Order FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 449 POLICY PR T 10 The local planning authority will seek to ensure that within the planning area all intersections and roadways are equipped with ramps and proper lighting to give visibility to motorists and all pedestrians including disabled persons. POLICY PR T 11 Developers should consult the relevant authority for roads due for widening and adhere to the required setbacks. The planning authority will ensure that all developments are appropriately setback to allow for the required widening. Marine Transport Congestion on the nation’s roads presents a serious national problem with costs related to productivity lost in travel delay and wasted fuel, and this amount is increasing. Reinstating the ferry services could, play an important role in managing congestion and improving mobility within the Local planning area and the overall Development Order Area. The potential exists for development of a multi-modal transportation hub for ferries connecting Port Royal, Norman Manley International Airport (NMIA), Downtown, Kingston and Port Henderson, St. Catherine. POLICY PR T 12 The planning authority will normally support the provision of ancillary facilities for ferry docking development along the waterfront, provided the amenities of the area can be safeguarded and there will be no adverse impact on the environment and adjoining developments. Air The Norman Manley International Airport is located within the Port Royal Local Planning Area and is one of the island’s major international, industrial and commercial airports offering a wide range of aviation facilities and capabilities. These services form an important economic base for the Development Order Area and the country and suitable provisions for its future improvement and expansion will be needed. POLICY PR T 13 Lands adjoining the Norman Manley International Airport facilities should be reserved where possible for future expansion. Expansion however, should not be to the detriment of the conservation and protection of sensitive ecosystems in proximity to the development. POLICY PR T 14 The planning authority will seek to ensure that the associated road infrastructures are upgraded to meet the increase in commuters using these facilities. FIFITH SCHEDULE, contd. 450 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY PR T 15 The planning authorities will facilitate development proposals to improve the existing airport facilities to modern standards and technologies as the need arises. HOUSING According to the 2011 population census the Port Royal Local Planning Area had a total number of approximately 338 households with a total of 1,252 persons. This represents a decrease from that of the 2001 population census where the Port Royal Local Planning Area had a total number of approximately 473 households with a population of 1,651 persons. Residential land use accounts for only 2 percent of the total land area of the Port Royal local planning area as the majority of the planning area comprises of environmentally sensitive and heritage areas and the Norman Manley International Airport. Housing is located on the south western tip of the local planning area, in the area generally known as the Town of Port Royal. There is a mix of housing units within this area including row houses and single family detached units, some of which are in need of repairs. There are incidences of informal residential settlements within the Local planning area. These have been identified at the Port Royal Fishing Beach and along the coast in wetland areas. POLICY PR H 1 Residential development will not be supported in the areas occupied by dune vegetation, conservation areas or in areas where such development would have a negative impact on mangroves. POLICY PR H 2 A mix of housing types including starter units, semi detached units and townhouses or any other appropriate type of housing solution will be permitted in areas suitable for such development. The town of Port Royal is located in an area of high vulnerability and susceptibility to multiple natural hazards such as earthquake, liquefaction, storm surges and flooding as well as being in an environmentally sensitive area. Although the town’s population has been declining it would not be prudent to encourage large increases in population and building densities in this area in order to minimize the loss of life and property. Additionally, the character of the area which is a declared historic site is generally low in density and height. POLICY PR H 3 Consideration will be given by the planning authority for residential development at 75 habitable rooms per hectare (30 habitable rooms per acre) on lots which are 0.1 hectare (¼ acre) and may, in relation to the physical conditions existing in the area, be varied by the planning authority. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 451 POLICY PR H 4 Multifamily (apartments/townhouse) development at 75 habitable rooms per hectare (30 habitable rooms per acre) must be adequately situated on a site which can accommodate onsite sewage and meet the setback and amenity requirements. Such developments shall not exceed 2 floors in height. These standards may, in relation to the physical conditions existing in the area, be varied by the planning authority. POLICY PR H 5 In considering proposals for redevelopment of housing, provision for children’s play areas, open space and amenity areas are to be made at an appropriate level as specified in Appendix 10. POLICY PR H 6 In residential developments where amenity areas cannot be provided on site the planning authority may consider it being located on an alternate site in proximity to the development. POLICY PR H 7 All applications to the planning authority for new residential developments shall be accompanied by a landscape plan showing all existing trees and those to be removed, planted or replanted. Plants utilized should be native to the area. POLICY PR H 8 Where housing development proposals are being contemplated in potentially hazardous areas the local planning authority will require the submission of technical information such as an engineer’s report for consideration of the application. SOCIAL AMENITIES The Port Royal Local Planning Area has a few of the basic social facilities and amenities needed in order to enjoy a balanced and healthy lifestyle. These include educational facilities, a library, recreational areas, a community centre, fire station, police station, post office (not operational), and a crèche. POLICY PR SA 1 Developments that would decrease or eliminate any of the social facilities listed above will not be supported unless being replaced with a similar facility of equal or greater stature in the immediate neighbourhood. POLICY PR SA 2 The use of the existing social facilities for other compatible uses will be supported by the planning authority provided their individual requirements are met and would not be out of character with the area. FIFITH SCHEDULE, contd. 452 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY PR SA 3 The planning authority will support the upgrade of existing and provision of new social/civic facilities required for urban living. POLICY PR SA 4 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. Recreation Area and Open Spaces The local planning area has a park and spaces dedicated to active recreation. There is presently a community centre located adjacent to the bus terminus; however, there is still the need for each development to provide recreational areas for persons of all ages. These should be well designed, equipped and accessible to the community. POLICY PR SA 5 In all new housing developments amenity areas provided shall be developed only for such uses. Land is to be provided for open space and other amenity purposes. Such lands can either be for active or passive recreational purposes. POLICY PR SA 6 The location, siting and design of recreational space must take into account the need to provide safe access, road safety, supervision, the need to avoid nuisance to residents and should also take into account persons with special needs. Education and Institutional Port Royal has few educational and institutional establishments that serve the area. The Caribbean Maritime Institute as well as one of the Marine Laboratories of the University of the West Indies (UWI) is located here. The Laboratory has been important in undergraduate teaching of marine biology, marine ecology, aquaculture, and coastal management. The Port Royal All-Age and Infant School is also located in the area. Other institutional uses include two (2) churches and a library. POLICY PR SA 7 Building heights for new schools should not exceed one (1) storey for basic schools and two storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines of the Ministry of Education which may be developed from time to time. POLICY PR SA 8 Development of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 453 URBAN ECONOMY The main economic activities in the Port Royal Local Planning Area are directly related to commerce, heritage tourism and fishing which support individuals and businesses in the area. Port Royal is home to Seafood Restaurants which over the years have become synonymous with the identity of Port Royal. The planning authorities will normally support the enhancement and further development of civic/place based tourism facilities and ancillary or supporting tourism facilities in the built up area to encourage visitors and that which would create or add to the economic activities of the area. However, these developments should be compatible with the character and amenities of the area and the interests of local residents should be safeguarded. POLICY PR UE 1 Tourism projects based on cultural heritage and ecotourism will be encouraged provided that they conform to the prescribed historical, environmental and planning guidelines to the satisfaction of the local authority. POLICY PR UE 2 The planning authority will support development which will improves and complements the built and cultural heritage resources to inform visitors of the historical and architectural origins of the town, along with its importance as a Protected Area under the Natural Resources Conservation Authority Act and a Ramsar site. POLICY PR UE 3 The planning authority will normally support the provision of facilities which enhance public enjoyment of the waterfront areas, provided the natural environment and amenity of the area can be safeguarded and there will be no adverse impact on adjoining developments. POLICY PR UE 4 Development which improves or expands the range of tourist facilities will normally be permitted, provided that it will not be detrimental to the character and appearance of the locality and the amenities of the residents. POLICY PR UE 5 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. FIFITH SCHEDULE, contd. 454 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Tourism is poised to be a major economic generator for the town of Port Royal, but can be susceptible to the instability of the international market place. It is therefore important to diversify the economic base, and cottage industries may be the best way to do as it will also contribute to the tourism product. POLICY PR UE 6 Light industrial, cottage and service industries which are compatible with the general character of the area and have no adverse impact on the environment will be encouraged in the Port Royal Local Planning Area. POLICY PR UE 7 The planning authority will be minded to support bed and breakfast type developments in order to foster greater community participation in the tourism industry. Fishing has been a traditional economic activity in the community of Port Royal and is the livelihood of several fisher folk in the area and should be encouraged and supported. Lands reserved for a fishing beach will remain as such. This will enable the fishermen to provide the facilities necessary for an efficient operation both in terms of anchorage and supply of materials and equipment needed for their operations. POLICY PR UE 8 The site reserved for a public fishing beach on the Land Use Proposal Inset Map No. 13 shall be used specifically for that purpose and the planning authority will only grant permission for activities directly related to the fishing industry at this location. POLICY PR UE 9 The planning authority will support activities to facilitate the rehabilitation of the fishing beach including storage, and waste disposal facilities. POLICY PR UE 10 The planning authority will not support any developments that will have any adverse effect on the environment and subsequently affect the fishing industry. TOURISM The Port Royal Local Planning Area has tremendous potential to further develop its tourism product owing to its rich history, architectural and archaeological significance, outstanding landscape beauty and areas of outdoor recreational potential. The development of civic/place-based tourism activities in Port Royal may be supported in the Local planning area. Tourism facilities should be compatible with existing amenities and the interests of local residents should be safeguarded. However, in an effort to conserve the natural environment of Port Royal, advantages can be taken of low impact eco and FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 455 heritage-tourism ventures that are in union with the mandates of the Planning authority. POLICY PR TO 1 The planning authority will normally support proposals for eco and heritage-tourism activities as long as the developments are not detrimental or incompatible with the natural environment. POLICY PR TO 2 The planning authority will support proposals for development of small-scale cottage type accommoda tions such as villas and guesthouses as long as they are not detrimental or incompatible with the natural environment of the area. CONSERVATION OF NATURAL AND BUILT ENVIRONMENT The Local planning area is located within a setting of rich ecological biodiversity and archaeological significance. The area was declared a protected area under the Natural Resources Conservation Authority (NRCA) Act in September 1998 and later gained recognition as a wetland of international importance under the Ramsar Convention in April 2004. The area was also declared as a National Heritage Site in July 1999 as it possesses various sites of archaeological, historical and architectural significance. The fragile and sensitive nature of the planning area is recognized and will be given due consideration in this Order to ensure its sustainability and viability. Natural Environment The Port Royal Local Planning Area comprises of the Palisadoes Tombolo and mangrove areas. The local planning area supports communities of endemic and endangered species including the American Crocodile (Crocodylus acutus), Hawksbill turtle (Eretmochelys imbricata), Bottle-nosed Dolphin (Tursiops truncatus), Striped Seahorse (Hippocampus) and West Indian Manatee (Trichechus manatus manatus) and is also a popular area for migratory bird watching therefore the planning authority will not be minded to support developments which may reduce ecosystem functions. The Palisadoes Tombolo is approximately 15 Kilometres (9.3 miles) long and was formed as a result of the long shore drift of sediments supplied by large rivers in eastern Jamaica, which joined together a number of derelict coral cays. It is a fragile and sensitive ecosystem which needs to be protected. The existing vegetation should not be impaired or caused to be impaired by development activities. The applicable coastal/undeveloped coast policies shall be applied in this local planning area. POLICY PR C 1 The planning authority will not support development that would adversely affect the protected area. FIFITH SCHEDULE, contd. 456 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Due to the increased susceptibility to storm surge and possibly, liquefaction, development along the Palisadoes Tombolo should be severely restricted and only allowed in exceptional cases in accordance with the Town and Country Planning Act. The National Works Agency (NWA) have undertaken coastal protection works along the foreshore of the seaward side inclusive of the reconstruction of the dune system as well as the beach which will serve to stabilise and protect sections of the tombolo from hurricanes and other natural hazards. POLICY PR C 2 Due to the increased susceptibility to multiple hazards along with fragile ecosystems present, permanent structures will not be supported along the Palisadoes tombolo and in areas zoned for conservation. Development in these areas will be severely restricted particularly in light of climate change considerations. POLICY PR C 3 The planning authority will only allow recreational and service facilities along the Palisadoes Tombolo which will not adversely affect the ecological area. On many occasions, joggers and walkers have been observed along the tombolo, both on the road verges and on the beach and sand dunes. Construction of a recreational facility that features clearly demarcated lanes for jogging, walking and cycling would allow persons to exercise in a comfortable and aesthetically appealing setting as well as limit the impacts on the natural resources. POLICY PR C 4 The planning authority will support the development of recreational areas, which would enhance the aesthetic value of the Palisadoes Tombolo. Trees including mangroves are very important to the visual amenity of the built up area as well as the natural environment and are therefore a resource worthy of preservation. The local authority has the power to place Tree Preservation Orders on single trees or groups of trees which it considers important in the planning area. The planning authority will discourage development which requires the removal of mangroves and other vegetation and will seek to have Tree Preservation Orders placed on them where necessary. It will also initiate planting programmes to maintain the stock of trees where this is necessary. POLICY PR C 5 Planning permission will not be given for developments likely to result in damage to or loss of trees which make significant contributions to the character and appearance of the Port Royal Local Planning Area including the mangroves and dune vegetation. POLICY PR C 6 The local authority will be encouraged to make Tree Preservation Orders where necessary to protect all trees FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 457 that are of significant importance to the environment in which they exist. POLICY PR C 7 Developments should be sensitive to the ecology of the area, and should be developed in a manner and scale which is in harmony with and/or enhances the character of the coastal environment. The mangroves and marsh lands located in the coastal regions of the Port Royal Local Planning Area are important nesting and roosting sites for birds and nursery for juvenile fish. The fringing reefs located along the coastline, break waves and prevent coastal erosion. These areas should therefore be preserved in order to protect both the coastal areas as well as supported species. POLICY PR C 8 New developments or extensions which will adversely affect the coastline or destroy the nesting, roosting or feeding sites wildlife will not normally be allowed. POLICY PR C 9 Planning permission will not be granted for developments which will cause destruction of mangroves which protect the areas’ coastline and which is also a habitat for a wide variety of wildlife species. The sand dune ecosystems found in this area are threatened by indiscriminate dumping of solid waste and construction debris, disruption of dune ecosystems by vehicular traffic and the removal of plants by visitors. POLICY PR C 10 Development will not be allowed in vegetated areas which would adversely affect the homogeneity or integrity of these areas. Built Environment There are several Heritage sites located in the town of Port Royal; these include Forts, the Plumb Point Light House, the Sunken City, the Old Naval Hospital and St Peter’s Church (Anglican). Much interest has been placed on the development of Port Royal’s potential as a Heritage Tourism Attraction, however to date, only Fort Charles with attractions such as the ‘giddy house’ is currently being used as an attraction. It is therefore necessary to establish effective partnerships to facilitate better management and sustainable use of the areas of built heritage. The planning authority will endeavour to protect, preserve and enhance the special character and environs of historical buildings, especially those protected under the National Heritage Trust Act, and will promote the use of such buildings, sites and districts for education, pleasure and general welfare of the people of the Town. The applicable policies pertaining to historical, archaeological sites and buildings will be applied in this area. FIFITH SCHEDULE, contd. 458 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY PR C 11 The planning authority will not allow any works to any buildings in the historic area of Port Royal if it considers that such action would adversely affect the architectural and or historic interest of the area until adequate consultation has been carried out with and approved by the Jamaica National Heritage Trust. POLICY PR C 12 All new developments in the Heritage area of Port Royal should be designed so that it is in keeping with preservation guidelines prepared by the Jamaica National Heritage Trust taking into consideration surrounding developments. Due to the historic nature of the built environment in the town of Port Royal walking is considered the most practical and suitable option of moving around and the planning authorities will promote walkable spaces within the Local Planning Area. The walkability of this community however, will depend on the characteristics of the built environment and land uses to make it conducive to residents and visitors to consider walking for either leisure, exercise, to access services, or to get to work. POLICY PR C 13 The design of new buildings should respect the walkability character of the area, in respect of design, material, scale building height or mass and attention will be paid to the choice of materials and decorative detail including windows, doorways and roof style. ADVERTISEMENT GUIDELINES Advertisements are vital to business and important in providing information. Although guidelines are set regarding the size and permission, its location and appearance in an area has to be addressed. The planning authority has a responsibility to protect heritage buildings in Port Royal and will ensure that the character and appearance of the area is enhanced. Inappropriately placed advertisements can have a detrimental effect not only the building but the area as well. Advertisements should be guided by the contents of Appendix 18 the Advertisement Regulations and the following Policies. POLICY PR CA 1 Advertisements which impact historical buildings must respect the character of the building and be compatible with the area’s architectural features. In commercial centres within this historic area the planning authority will have regard to the particular need to ensure that advertising displays on frontages and street furniture do not detract from the character and appearance of their historical and architectural features. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 459 POLICY PR CA 2 Signs and advertisements must be well designed and sensitively located within the streetscape. When considering advertisement in other locations, the planning authority will have regard to the circumstances of each case as it relates to the Advertisement Regulation and the interest of amenities and public safety. POLICY PR CA 3 The local planning authority will encourage the placement of advertisement on commercial and other office buildings in accordance with the guidelines and standards of this Order. POLICY PR CA 4 Within this heritage area signs will only be permitted on sites which do not detract users of the Norman Manley Highway and Port Royal Main Road; and that do not cluster an area detracting from the activities. WATER SUPPLY Due to the rising cost associated with supplying piped water and increased drought conditions the planning authorities will support the development of rainwater harvesting systems in the local planning area. In times where the provision of public water supply systems is absent rainwater harvesting should be considered as an economical, safe and sustainable source of water when it is captured and stored appropriately. The planning authority will therefore ensure that all proposed developments make provisions for rainwater harvesting. POLICY PR WS 1 The local planning authorities will seek to ensure that the existing public water supply system infrastructure is improved to adequately service the local planning area. POLICY PR WS 2 Rainwater harvesting will be encouraged in residential and other developments to improve access to potable water supply system. The planning authority will support as much as possible the use of recycled waste water from basins, baths and showers where they will not have any adverse effect on environmental health. In this way domestic water consumption can be substantially reduced, thus reducing wastage of potable water. POLICY PR WS 3 The planning authority will encourage the use of recycled grey water for non-potable uses and will ensure that provision is made for this in new development proposals. FIFITH SCHEDULE, contd. 460 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 WASTE TREATMENT AND DISPOSAL Sewage Treatment The sanitary sewer disposal service standards protect the public health by providing for the safe and sanitary collection, treatment, and disposal of waste products. Point and non-point source pollution from malfunctioning or non-existent sewage treatment facilities and activities has been a constant issue in the Port Royal Area. This has resulted in negative effects on water quality and contributes to loss of marine habitat, fauna and safe recreational areas. POLICY PR WT 1 Due to the high water table and the presence of several sensitive environmental areas, consideration should be given to the implementation of a central sewerage system. POLICY PR WT 2 Development; including new buildings and extensions in areas without central sewage, must provide a waste treatment facility that treats sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the relevant authorities. Solid Waste Domestic solid waste is scheduled to be collected three times per week by the National Solid Waste Management Authority (NSWMA) within the Port Royal Local Planning Area. POLICY PR WT 3 The planning authority will ensure that all developments make provisions for the storage and collection of waste within the curtilage of the development. POLICY PR WT 4 The planning authority will ensure that facilities for the separation and recycling of waste are provided in suitable locations for existing and new developments. RED HILLS LOCAL AREA PLAN Description The Red Hills Local Planning Area is located in St. Andrew and extends from Perkins Boulevard in the south to Border in the north. It is an area characterised by undulating hillsides located within a region of White Limestone geological formation. The Red Hills Local Planning Area was not covered by the Kingston Development Order, 1966 and as a result there has been several unplanned developments occurring throughout the area. There is a node located at Red Hills Square which is at the FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 461 centre of the local planning area where there is a concentration of commercial, recreational and government facilities. Data from the Statistical Institute of Jamaica (STATIN) indicated that the Red Hills Local Planning Area had a population of 14,816 persons in 2001; the population decreased to 14,306 persons in 2011 representing a -3.4% decrease during the intercensal period or at a rate of -0.34 percent annually. Using these figures the population is projected to decrease to 13,840 in 2021. TRANSPORTATION Transportation provides residents of Red Hills with mobility and access to employment, community resources, medical care and recreational facilities not only within their communities but to other areas outside the local planning area. The main mode of transportation in Red Hills is through public and private passenger motor vehicles, cycling and walking. Public Transportation Public transportation in Red Hills is provided by public passenger vehicle operators such as the National Transport Co-operative Society Limited (NTCS) which serve along the Red Hills Main Road to Chancery Street (Price Rite). Route taxis and individually operated minibuses also provide access to the hilly interior of the area where the service of organized public transport is not readily available. However, as a result of the absence of a public transportation centre public passenger vehicles mainly use the roadway in the vicinity of the Square to pick up and offload passengers. This usage often poses a problem to pedestrians and other road users especially at peak hours when several public passenger vehicles jostle to pick-up passengers. POLICY RH T 1 The local planning authority will seek to identify a suitable area of convergence/transportation centre to accommodate taxis and stage carriers and/or will facilitate the construction of lay-bys and bus bays for the picking up and letting off of passengers throughout the local planning area. POLICY RH T 2 All forms of public transportation will be required to utilize the parking areas to be provided on lands deemed suitable for the purpose by the local planning authority and equipped with the requisite facilities to satisfy the needs of the commuting public. Road Network and Infrastructure Red Hills’ existing road pattern and infrastructure is typical of many hilly areas in rural St. Andrew which in some instances consists of very narrow dual carriageways and is inadequate to support any heavy through flow of traffic. Little FIFITH SCHEDULE, contd. 462 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 provision has been made for sidewalks along sections of the main road, especially in and around the Red Hills Square making it unsafe for pedestrians. Sidewalks are part of the road right of way (reservation) used for pedestrian movement and are necessary to separate pedestrian traffic from vehicular traffic. They should wherever possible be complemented with planted verges and be landscaped with flowering and ornamental shrubs. In constructing sidewalks provisions should be made for access by persons with special needs. The recommended width of sidewalks in relation to road width is given under visibility splays in Appendix 19. POLICY RH T 3 The planning authority will support any rehabilitation of the arterial or any other roads in the area that seeks to improve or add adequate sidewalk facilities, for the use and safety of pedestrians. POLICY RH T 4 Where sidewalks are being established the local planning authority will seek to ensure that they are complemented with planted verges and constructed so that they can be accessed easily by the public, disabled and other vulnerable groups. This area is experiencing an increase in residential development including multifamily developments, and it is expected that traffic volumes will increase over time. At present large sections of these roads are quite narrow, and it is expected that where possible these roads may need widening in the future. POLICY RH T 5 The Planning Authority will support the maintenance and improvements of the main and service roads to ensure that they facilitate the free movement of traffic in and through neighbourhoods. Vehicular parking Throughout the Red Hills Local Planning Area there is a general deficiency in the provision of parking spaces for commercial and office developments. While some developments provide parking, it is often inadequate based on the nature and scope of the activities being undertaken and the physical characteristics of the area. The provision of adequate on-site parking spaces for commercial, office, and residential developments is critical to the traffic circulation function of the roadways. POLICY RH T 6 The planning authority will not support proposals for new development or extensions unless the required number of parking spaces on site pursuant to the stipulations included in Appendix 7 are provided or unless such provisions can be met on property in proximity which is owned by the developer or in which he has legal interest. Only the remainder of the property can be developed and any development on such property will have to provide its own parking. FIFITH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 463 The Red Hills Local Planning Area is traversed by persons from other Parishes such as St. Ann and St. Catherine as the Red Hills Main Road is one of the alternative routes from Kingston and St. Andrew to St. Catherine. POLICY RH T 7 The planning authority will support development proposals for the provision of Park and Ride schemes with connections to public transport that allow commuters to park securely and transfer to a bus transit system or carpool for the remainder of the journey. POLICY RH T 8 Where this type of development is being contemplated the local planning authority will ensure that parking lots use green parking techniques with adequate drainage facility. Landscaping significantly improves the aesthetics of parking areas and aids in preservation of the garden quality of this sub-urban area. Additionally, by minimising the percentage of paved surfaces there is the added benefit of lessened storm water runoff in this areas hilly terrain. Developments will be required to provide adequate landscaping that maintains a scenic quality in the community and from the plains. POLICY RH T 9 In promoting the preservation of the overall garden quality of the Red Hills Local Planning Area, all new developments having outdoor parking lots should make use of green parking techniques, inclusive of ornamental trees to the satisfaction of the planning authority. Landscaping should account for at least 10 percent of total lot area. POLICY RH T 10 All new developments having outdoor parking lots shall make use of green/permeable parking surface techniques. HOUSING Residential dwellings in the local planning area are mainly single family detached type units with the construction of multifamily developments in the form of townhouses and apartments on the increase. Densities will take into consideration the physical characteristics of the area including geology and slope along with the character of surrounding developments. The terrain of the Red Hills Local Planning Area is hilly in nature with areas susceptible to rock falls and soil subsidence. With the promotion of higher residential densities on the Liguanea Plains, densities in the Red Hills area will be of a low nature and will not be in excess of 75 habitable rooms per hectare (30 habitable rooms per acre) for multifamily developments due to the physical (topographical, geological and ecological) constraints of the area. 464 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY RH H1 Residential single family unit or duplex dwellings will be allowed on lots which satisfy the relevant planning guidelines including onsite sewage. POLICY RH H2 Consideration will be given by the planning authority for multi-family development such as apartment and townhouse at a maximum of 75 habitable rooms per hectare (30 habitable rooms per acre) on lots (0.4 hectare or 1 acre) and may, in relation to the physical conditions existing in the area, be varied by the planning authority. POLICY RH H3 Multi-family (apartment/townhouse) development at a maximum of 75 habitable rooms per hectare (30 habitable rooms per acre) must be adequately located on a site which can accommodate onsite sewage and meet the setback and amenity requirements. Such developments shall not exceed three (3) floors in height. These standards may, in relation to the physical conditions existing in the area, be varied by the planning authority. POLICY RH H4 New residential proposals and extensions must adhere to the lot coverage requirements provided in Appendix 24 and maintain the distance between buildings and property boundaries as stipulated in this Order. POLICY RH H5 In new residential development schemes amenity space should be provided as set out in Appendix 10. POLICY RH H6 In residential developments where amenity areas cannot be provided on site the planning authority may consider it being located on an alternate site within close proximity to the development. New residential developments should be laid out in such a way that they provide convenient access to all local facilities. The design and layout should cater for pedestrian and vehicular movement in a way that benefits the public. These residential developments should provide all the amenities and services required such as adequate parking and open space on site or in close proximity to the development. POLICY RH H7 New residential developments must harmonize with and respect the residential areas in which they are located and must: (a) Be well laid out such that it is complimentary to the ecology and hydrology of the immediate and surrounding area; FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 465 (b) Provide adequate open space appropriate to the development; (c) Provide a residential environment which affords privacy and is safe and secure. In areas where residential accommodation is near to other non-residential activities there is always the possibility of encroachment by such activities into the residential areas. The planning authority will not support such changes. POLICY RH H8 The planning authority will not normally support industrial and commercial uses not providing an essential service or facility being located within areas zoned for residential use. POLICY RH H9 Proposals for partial change of use of a residential property to a non-residential use will be permitted only if the non-residential activity is compatible with residential uses and is normally carried out in the day time and the amenity, privacy and enjoyment of neighbouring dwellings is not adversely affected. Any uncontrolled development on a hillside is a potential hazard as it increases the area of susceptibility of slope failure, erosion and drainage problems. In an effort to protect the stability of these environmentally and geologically sensitive areas control has to be exercised over development proposals to prevent the destruction of trees and the construction of hard paving that contributes to excess runoff. The Red Hills Local Planning Area has several such areas and care will be taken before allowing any housing development in these locations. In areas of conservation or environmental importance where low density accommodation or residential development is contemplated the density shall not normally exceed twenty-five (25) habitable rooms per hectare (ten (10) habitable rooms per acre). POLICY RH H10 Housing development will not normally be allowed on land that is steep and unstable, vulnerable to erosion, slippage, subsidence, flooding or other natural hazards or which will involve costly extraordinary precautions by the Government to safeguard. POLICY RH H11 Density shall not exceed 75 habitable rooms per hectare (30 habitable rooms per acre) in hilly areas with building heights not normally exceeding two (2) storeys and shall be in accordance with the Hillside Development Manual for Jamaica (Appendix 23 and Figure 7). FIFTH SCHEDULE, contd. 466 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY RH H12 Where housing development proposals are being contemplated in potentially hazardous areas the local planning authority will require the submission of technical documents such as an engineer’s report for consideration of the application. Housing development in the Red Hills Local Planning Area has been predominantly limited to the higher and middle income groups, thus reducing opportunities for the satisfaction of the need for low income housing in the area. This is manifested in several well established unplanned settlements within this area. POLICY RH H13 A mix of housing types including starter units and semi detached units of appropriate price points for low income earners may be permitted in suitable locations. POLICY RH H14 In areas where it is feasible to regularize existing unplanned settlements, the planning authority will work with the relevant Ministry and authorities in order to provide safe and orderly development. Social Amenities The local planning area has a limited range of basic social amenities, primarily education and community facilities such as a post office, Type III health centre, police station and churches. These facilities over time may need upgrading and improvement to meet the demands of any future increase in the local population for all residents to have access to them. POLICY RH SA1 The local planning authority will support the expansion and upgrading of all social facilities. POLICY RH SA2 Developments that would decrease or eliminate any of the social facilities in the Red Hills Local Planning Area will not be supported unless they are being replaced with a similar facility of equal or greater statue in the locality. POLICY RH SA3 The use of the existing social facilities for other compatible uses will be supported by the planning authorities provided their individual requirements are met and they would not be out of character with the area. POLICY RH SA4 The local planning authority will seek to identify suitable lands within the local planning area for the establishment of new social facilities when the necessity arises. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 467 POLICY RH SA5 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. Recreational Areas and Open Space The provision of public open space is lacking in this area, however, church grounds, vacant lots and neighbourhood community centres are utilized for active and passive purposes. In establishing new housing developments within the local planning area it is a requirement that land be reserved for open space and other recreational purposes. This will be in addition to any reservation required for other amenities such as schools, which the community may need. These will be provided at the rate set out in Appendices 10 and 23 of this Order and the Development and Investment Manual Volume 1 Section 1, which was prepared by the National Environment and Planning Agency, September 2005. POLICY RH SA6 In all new housing developments, land is to be provided for open space and other amenity purposes either on site or in proximity to the development subject to the satisfaction of the local planning authority at the rate set out in Appendix 10 and such lands can either be for active or passive recreational purposes. Educational and Institutional The area has few educational and institutional facilities including churches, schools and health centre. POLICY RH SA7 New proposals for educational and institutional uses will be assessed on their own merit and shall conform to all required planning standards. POLICY RH SA8 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines of the Ministry of Education. POLICY RH SA9 Development of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area. URBAN ECONOMY Residential uses predominate in Red Hills Local Planning Area, however, small commercial and office uses are found in the Red Hills Square. The local planning FIFTH SCHEDULE, contd. 468 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 area is in need of commercial development which provides varied shopping, leisure and business opportunities. POLICY RH UE1 The local planning authority will support development which improves or expands the range of commercial facilities provided that it will not be detrimental to the character and appearance of the locality and the amenities of the area. POLICY RH UE2 For commercial and office uses, the following standards shall apply: (i) Buildings shall not normally exceed two (2) storeys in height; (ii) Buildings may maintain a zero lot line except to the front in accordance with road reservations or where they adjoin residential buildings to the satisfaction of the planning authority; (iii) Buildings should adhere to a 1:1 floor area ratio. Mixed uses where recreational, entertainment and commercial activities occur on the same lot will be encouraged. This will enable buildings to be used to their full potential and introduce life to the town, especially at nights when most activities cease operations. However where land uses are incompatible this will not be encouraged. Where lots are zoned for a mix of uses either one or a mix of the uses is allowed. POLICY RH UE3 The planning authority will encourage mixed use development in appropriate locations and areas so indicated on the Red Hills Land Use Proposal Inset Map No. 14 for office/commercial use and will at all times ensure the residential amenities and areas of environmental importance are protected. In these instances building heights should not exceed two (2) storeys and must satisfy the required planning requirements including onsite parking. POLICY RH UE4 Where non-residential development adjoins residential uses the planning authority may vary setback, height and other relevant requirements or standards in order to safeguard residential amenities. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 469 POLICY RH UE5 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. Light industrial activities such as garment manufacturing and printing etcetera will be supported at appropriate locations throughout the planning area. However, where industrial uses are permitted in office or commercial areas their operation must be such that it does not negatively affect the amenity of neighbouring lots. POLICY RH UE6 Light industrial activities may be permitted on lots zoned for office/commercial use and shall be considered on their own merit but should be in accordance with the provisions provided in the Order. The Red Hills Area has tremendous scenic value, providing panoramic city and mountain views. The area is serene and could provide for low density resort and recreational areas, such as bed and breakfast guesthouses and nature trails. POLICY RH UE7 New proposals for low density resort, entertainment and/ or recreational development within the Red Hills Local Planning Area shall be considered on their own merit. POLICY RH UE8 Buildings for hotel uses shall not exceed three storeys in height and should be sympathetic to the ecological nature of the area. The Red Hills Local Planning Area can serve as a primary midpoint for porting utilities/services to various communities in West Rural St. Andrew. As such, proposals to develop or improve service facilities such as public electricity substations, fire stations, water treatment and pumping facilities, and telecommunication facilities will normally be supported. POLICY RH UE9 Proposals to develop or improve service facilities will generally be supported by the planning authority based on individual merit provided also that all required planning standards are met. CONSERVATION OF BUILT AND NATURAL ENVIRONMENT The Red Hills Local Planning Area comprises of a dynamic natural and built environment. Its geology and built up area alike warrants the need for sound conservation policies to ensure that development occurs in a sustainable manner. Built Environment While the Red Hills Local Planning Area has no declared building or monument of architectural or archaeological significance, the design and siting of the built environment can still be conservative in nature. A variety of green or sustainable FIFTH SCHEDULE, contd. 470 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 building technologies can help communities to protect valuable buildings and infrastructure from extreme weather events. POLICY RH C1 The local planning authority will support new construction technologies where they do not detract from the general character and amenity of an area. POLICY RH C2 Development proposals, including alterations and extensions to residential properties, must not harm the particular character and quality of the local environment. Natural Environment The Local planning area is located within the Hope River Watershed Management Unit. There are a few sinkholes and caves located within this planning area. It is therefore imperative that the watershed is protected from indiscriminate clearing and unsustainable development practices. POLICY RH C3 In areas where caves, sinkholes, grottos are present they should be left clear to assist in the natural disposal of surface water and should not be used as sewage disposal facilities or amenity areas. POLICY RH C4 Development that would result in the excessive removal of trees within upland and watershed areas will not be allowed by the planning authorities. The Red Hills area offers lush vegetated hills and stunning city vistas, assets which have influenced land prices in the area, as in the case in other hilly areas in the Development Order Area, such as Stony Hill, Chancery Hall and Smokey Vale. Several points along the Red Hills Main Road provide spectacular city and hill views and care will be taken to ensure that these views are not compromised. POLICY RH C5 In order to preserve the scenic beauty of the Red Hills area developments which will block outstanding views will not be favourably considered. WATER SUPPLY With the increase in residential populations some communities have outgrown the public water supply system infrastructure provided within the area. Additionally, the rising cost associated with supplying piped water and increased drought conditions has made it necessary to provide alternative means of water supply. The planning authorities will support the development of rainwater harvesting systems in the local planning area. In times where the provision of public water supply systems is absent rainwater harvesting should be considered as an economical, safe and sustainable source of water when it is captured and stored appropriately. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 471 The local planning authority will therefore ensure that all proposed developments make these provisions for supplementary access to potable water by all. POLICY RH WS1 The relevant authorities will ensure that the existing public water supply system infrastructure is improved to adequately service the local planning area. POLICY RH WS2 Rainwater harvesting will be encouraged in residential and other developments to improve access to potable water supply system. POLICY RH WS3 Proposed developments in areas without a reliable pipe water supply will be required to construct catchment tanks with adequate capacity to provide for the water supply requirements to satisfy their needs. The local planning authority will support the use of recycled waste water from basins, baths and showers to water gardens and lawns where they will not have any adverse effect on public and environmental health. In this way domestic water consumption can be substantially reduced, thus reducing wastage of potable water. POLICY RH WS4 The planning authority will encourage the use of recycled grey water for non-potable uses and will ensure that provision is made for this in new development proposals. WASTE TREATMENT AND DISPOSAL Sewage Disposal The area presently does not have a central sewage system and developments in the area currently satisfy their sewage requirements on site. Traditionally, sewage was normally disposed of on-site by means of absorption pits however; septic tanks were subsequently used along with absorption pits. There has been increasing recognition of the effects of sewage pollution on ground water resources in the local planning area. Consequently, there is a concerted effort to have sewage treated at least to a tertiary level. POLICY RH WT1 Development; including new buildings and extensions; in areas without central sewage, must provide a waste treatment facility that treats sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the relevant authorities. POLICY RH WT2 In sewered areas all new developments within a reasonable proximity as determined by the National Water Commission should where possible connect to the public central sewage system. FIFTH SCHEDULE, contd. 472 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY RH WT3 Notwithstanding original conditions of approval, to protect the environment, it is expected that on the introduction of central sewage all developments should where possible connect to the public central system within a reasonable time as determined by the National Water Commission. POLICY RH WT4 In the absence of a central sewage system the following sewage disposal methods may be permitted in appropriate situations: (i) septic tank and evapotranspiration bed; (ii) septic tank and reed bed; (iii) Any other safe and appropriate waste disposal technology as may be developed from time to time that is acceptable to the planning authority and other relevant agencies. Solid Waste Domestic solid waste is scheduled to be collected twice weekly by the National Solid Waste Management Authority (NSWMA) within sections of the Red Hills Local Planning Area. Non-domestic waste is collected by private contractors. However, there are areas that because of terrain and road infrastructure receive less frequent solid waste collection. Therefore, in an effort to reduce public health and safety problems the planning authority will ensure that all developments make provision for waste storage and collection in tamper and rodent proof devices. POLICY RH WT5 The planning authority will ensure that all developments make provisions for the storage and collection of waste within the curtilage of the development in tamper proof and rodent proof devices. POLICY RH WT6 The planning authority will facilitate the appropriate siting of facilities for the separation, and recycling of waste in existing and new developments. RICHMOND PARK LOCAL AREA PLAN Description The Richmond Park Local Planning Area is characterized by a mix of land uses including residential, office, commercial and institutional. It is bounded in the south west by Omara Road and Ricketts Avenue to the east by Maxfield Avenue FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 473 and the west by Hagley Park Road. Richmond Park adjoins the Half Way Tree Local Planning Area which is located to the north and east. The Kencot community is to the southeast and Waltham Park and Hyde Park are located to the west of the community. The area has been under severe pressure for non-residential development which has resulted in the conversion of approximately 30 percent of the lots in the area from residential to other non-residential uses. Non-residential uses include commercial 11 percent, light industrial 8 percent and office use 5 percent. The average lot size in this area is 0.12 hectares. The area is one which is considered to be transitional with non-residential uses located mainly along Hagley Park Road and Maxfield Avenue which form a part of the boundary of the area; and at a smaller scale along Richmond Park Avenue, Kings Avenue and Omara Road. However at present, residential uses account for over 70 percent of the land use. In 2011 Richmond Park had a population of 3030 persons with 2144 of these persons within the working age. The 2011 population figures represented a 22 percent decrease from the 2001 figures when the population stood at 3899 persons. Richmond Parks’ resident population realized a decrease of 698 persons between 1982 and 1991, approximately 27 persons per year during this period. This continuous decrease could be attributed to industrial and office intrusions in the residential area. However, the local planning area has been identified as one for increased residential densities subject to the availability of supportive infrastructure and its ability to satisfy the development requirements outlined in this Order. TRANSPORTATION At present the Jamaica Urban Transit Company Ltd. (JUTC) does not provide service within the interior roads of the Richmond Park Local Planning Area. Several modes of transportation, including the JUTC bus service, are used by persons to access the area. Privately owned motor vehicles, public taxis and minibus play a major role in the transportation of passengers within the local planning area. Public transportation is provided by the JUTC along Maxfield Avenue and Hagley Park Road. Several bus stops are located along these roads for the JUTC and other minibuses operators and taxis to set down and pick up passengers. Taxis traverse the interior sections of the Richmond Park Local Planning Area and provide service in the section of the area not served by the JUTC. Traffic congestion is noticeably far less in the interior sections compared to along the periphery mainly along Maxfield Avenue and Hagley Park Road. However during peak hours interior roads tend to get congested as motorists use these roads to bypass traffic on the periphery. FIFTH SCHEDULE, contd. 474 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Vehicular Parking Upon the increase of densities there will be a need for adequate parking facilities. In sections of the Richmond Park Local Planning Area that are zoned for office and commercial uses it is imperative that sufficient parking provisions are made in order to ensure that the residential amenities of residential properties in proximity to these uses are maintained and traffic flow is not compromised. POLICY RP T1 The planning authority will ensure that all development proposals along Maxfield Avenue and Hagley Park Road provide the required parking facilities within the curtilage of the development site as outlined in Appendix 7 of this Order. POLICY RP T2 The planning authority will not support proposals for new development or extensions unless the required number of parking spaces on site are provided (including parking for the disabled) or unless such provisions can be met on property in proximity which is owned by the developer or in which he has legal interest. Only the remainder of the property can be developed and any other development on such property will have to meet its own parking requirements. Landscaping significantly improves the appearance of parking lots and should be provided where these exist. Landscaped islands usually break up large expanses of asphalt and cars, while shade trees add a third dimension to maintain a pedestrian scale. Landscaping and the use of green or permeable surface materials improves the aesthetics of parking areas, and, by minimising the percentage of paved surfaces there is the added benefit of lessened storm water runoff, reduced localized flooding and reduction in the effects of the urban heat island. POLICY RP T3 All new developments and extensions having outdoor parking lots shall make use of green parking surface techniques incorporating permeable materials. POLICY RP T4 The planning authority will ensure that parking lots are sufficiently landscaped (accounting for at least 10 per cent of total lot area), to the satisfaction of the planning authority. Roads The road network is important in determining the quality of life of residents, since it determines the ease with which they can move about in the community and gain access to other areas. Omara Road from Chisholm Avenue, Maxfield Avenue to Hagley Park Road are to be widened and as such developments should be FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 475 adequately setback to accommodate these works. Sidewalks are to be considered when roads are being developed, as at times they are either not provided or are not suitable for traversing by the disabled community and other vulnerable groups including children and the elderly. In this regard, Policy SP T13 should be consulted in conjunction with the following policies. POLICY RP T5 Development proposals shall be adequately setback from road boundaries as indicated in Appendices 5 and 6 of this Order to allow for road widening improvements including provisions for sidewalks, widening and street scaping. POLICY RP T6 The planning authority will seek to ensure that adequate provisions are made for pedestrians which improve the walking conditions within the Local planning area. POLICY RP T7 The planning authority will seek to ensure that the walking conditions of the locality are improved with the implementation of pedestrian friendly sidewalks and other facilities. POLICY RP T8 The local planning authority will seek to ensure that within the planning area all intersections and roadways are equipped with ramps and proper lighting to give visibility to motorists and all pedestrians including disabled persons. It is the intention of this Order to facilitate increased use of the public transportation system. The Richmond Park Local Planning Area is located in proximity to the Half Way Tree Transportation Hub and has been identified as an area for residential intensification hence it will be important to ensure that public transport routes and land uses are coordinated to allow ease of access by pedestrians. The planning authority will seek to ensure that adequate provision is made for the expansion of public transport routes to better serve the area as seen fit. POLICY RP T9 The planning authority will seek to ensure that adequate provision is made to accommodate any public transport routes that are introduced to serve residents of the Richmond Park local planning area. HOUSING Residential units in the Richmond Park Local Planning Area are mainly single family detached type units with the average residential lots size being approximately 0.08 hectares. There are, however, a number of multi-family developments in the area. However, lots may have to be amalgamated in some instances to suitably accommodate higher density developments. FIFTH SCHEDULE, contd. 476 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY RPH1 Multi-family high density developments may be allowed on suitable lots which are 0.2 hectares (1/2 an acre) and over in area. Developments may be considered on smaller parcels of land depending on the location and the ability to meet the required planning guidelines to the satisfaction of the planning authority and will be considered on their own merit. POLICY RPH2 Densities shall not exceed 250 habitable rooms per hectare (100 habitable rooms per acre) with building heights not normally exceeding six (6) storeys. (See Figure 7). POLICY RPH3 The amalgamation of lots to allow for multi-family development will be encouraged where the individual lot does not meet the minimum size required for multi-family development as stipulated by the planning authority. POLICY RPH4 The planning authority will normally encourage infill development at suitable sites within the local planning area. POLICY RP H5 New multi-family developments shall provide amenity areas either onsite or in proximity to the development at the rate stipulated in Appendix 10 of this Development Order. It is imperative that further permeation of the residential area by non-conforming uses is not permitted, and nuisance illegal and non-conforming uses are removed by the relevant authority. POLICY RP H6 The planning authority will not normally support non residential development on lots zoned for residential uses. POLICY RP H7 Where proposals for change of use of a residential property to a non-residential use are considered, the non-residential development should provide service to the local community and the privacy and enjoyment of neighbouring dwellings should not be adversely affected. SOCIAL AMENITIES Recreation Area and Open Space At present the Richmond Park Local Planning Area has no recreational facilities or areas designated as public open space for residents to use for recreational purposes. These areas are important especially with the increase of residential FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 477 densities. Public open space and recreational areas should be provided and developed in a way that is complimentary to that in the Order Area. In such cases Government owned lands will first be considered. POLICY RP SA1 The planning authority will seek to identify lands in suitable locations within the Richmond Park Local Planning Area to facilitate the development of public open space and amenities for community use. POLICY RP SA2 Where multi-family developments are permitted amenity areas provided shall be developed only for such uses. POLICY RP SA3 All lots within the Richmond Park Local Planning Area that are zoned as public open spaces or amenity areas or that may from time to time be identified as such shall be developed only for such uses. POLICY RP SA4 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. Institutional The local planning area is home to Lannaman’s Kindergarten and Preparatory School and the Rose Garden Kindergarten and Preparatory School, also with about seventeen (17) institutions servicing this and surrounding areas. It should be noted however, that the majority of the educational institutions which service the area are over capacity. POLICY RP SA5 Schools and places of public worship and religious instruction may be allowed at appropriate locations and should not negatively affect the residential amenity of the area. POLICY RP SA6 Development of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area. POLICY RP SA7 Building heights for institutional uses shall be in keeping with the height and density zoning for the locality and should not negatively affect the amenity of the area. POLICY RP SA8 The multiple use of public and institutional facilities will be encouraged where sites can accommodate such uses. POLICY RP SA9 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools and should where applicable FIFTH SCHEDULE, contd. 478 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 be in accordance with the building and design guidelines of the Ministry of Education. URBAN ECONOMY Non-residential activity in the Richmond Park Local Planning Area occurs for the most part on the periphery along Maxfield Avenue and Hagley Park Road. There are however some occurrences of commercial office and industrial use in the interior on sections of Omara Road, Queens Avenue, Kings Avenue and Richmond Park Avenue. Without proper planning guidance and enforcement the residential lots could be converted to uses which could pose a nuisance for residents and compromise the residential character and amenity of the area. POLICY RP UE1 Commercial and office activities will normally only be permitted one lot deep along Maxfield Avenue, Hagley Park Road, some sections of Omara road and on lots zoned for such uses on the Land Use Proposal Inset Map No. 15. POLICY RP UE2 Non-residential uses which are compatible with residential land uses may be supported on the same lot and will be assessed on their own merit. POLICY RP UE3 For commercial and office uses, the following standards shall apply: (i) Buildings shall not exceed three (3) storeys in height; (ii) Buildings may maintain a zero lot line except to the front in accordance with road reservations or adjoining residential development to the satisfaction of the planning authority; (iii) Floor area shall not exceed 0.6 and buildings should have a 331/ 3 percent lot coverage; (iv) Parking shall be in accordance with Policies RP T1-5, Appendices 7 and 9 and Figure 2– 4 to the satisfaction of the planning authority. POLICY RP UE4 Where non-residential uses are contemplated on lots zoned for residential use, the development shall be considered on its own merit and shall not exceed two (2) storeys in height and site coverage of 50 percent unless otherwise specified. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 479 POLICY RP UE5 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. Industrial There is an intrusion of a number of industrial uses occurring within the Richmond Park Local Planning Area in areas not zoned for such activity. This practice has compromised the residential character of the area and will be severely restricted. POLICY RP UE6 Industrial uses that are compatible with existing zoning will only be permitted in areas zoned for office and commercial use along Maxfield Avenue and Hagley Park Road and on lots zoned for such uses on the Land Use Proposal Inset Map No. 15 and will be assessed on their own merits. POLICY RP UE7 Industrial buildings should not exceed: (i) Two (2) storeys in height; (ii) Floor area ratio of 0.5; (iii) Site coverage of 331/ 3 percent. WASTE TREATMENT AND DISPOSAL Sewage Disposal A National Water Commission’s (NWC) central sewerage system trunk main is located along Maxfield Avenue which services sections of the Richmond Park Local Planning Area. The remaining sections are in the 3rd priority area for sewerage connection by 2025 by the National Water Commission. POLICY RP WT1 For new buildings or extensions in areas without central sewage, the waste treatment facility proposed on site must treat sewage to a tertiary level. POLICY RP WT2 For new buildings or extensions in areas without central sewage, the waste treatment facility proposed to deal with trade effluent must adhere to the pre-treatment standards as stipulated by the National Water Commission. POLICY RP WT3 In sewered areas within the Richmond Park Local Planning Area all new developments within reasonable proximity as determined by the National Water FIFTH SCHEDULE, contd. 480 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Commission should connect to the public central sewage system. POLICY RPWT4 It is expected that to protect the environment, on the introduction of central sewage all existing developments will connect to the public central system within a reasonable time as determined by the National Water Commission. Solid Waste Domestic waste collection is by the National Solid Waste Management Authority (NSWMA) and Non domestic waste such as that generated by commercial enterprises by private contractors. The local planning authority will support recycling and re-use particularly with regards to commercial and office developments in order to reduce the volume of waste entering the Riverton Solid Waste Treatment and Disposal Facility. POLICY RP WT5 The planning authority will ensure that all developments make provisions for the storage and collection of waste within the curtilage of the site. POLICY RP WT6 The planning authority will seek to encourage that the provision of facilities for the separation, and recycling of waste are provided in suitable locations for new developments. POLICY RP WT7 Onsite waste storage areas must be suitably constructed in order to facilitate safe access for the disposal and collection of waste. SEYMOUR LANDS LOCAL AREA PLAN Description The Seymour Lands Local Planning Area is one of St. Andrew’s oldest neighbourhoods and is situated immediately to the northeast of the New Kingston Local Planning Area. The King’s House Lands, along with the communities of Liguanea, Barbican and Beverly Hills are located in proximity of this area. The local planning area is bounded by three major arterial roads namely Hope Road, Old Hope Road and Trafalgar Road; including the lower section of Lady Musgrave Road. It is part of the larger area known as the Liguanea Plain which is fertile flat land of alluvium spanning from Papine to the Kingston Harbour. The area is best characterised by mixed land uses, with residential being the primary use accounting for approximately 60 percent, while office and commercial uses account for approximately 18 percent and 9 percent respectively. The average residential lot size within the Local planning area is 0.12 hectares. Additionally, FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 481 residential densities have increased from low to medium due to the conversion of large lots with single family units to multi-family apartments and townhouses. A few significant residences include Vale Royal, the official Prime Minister’s residence, and dwellings of the Indian, Chinese and Japanese Ambassadors to name a few. Some land uses within the Seymour Lands Local Planning Area have also been changing from residential to commercial and professional office uses. These changes have generally occurred along the Hope Road and Old Hope Road corridors and Lady Musgrave Road. Other roads with a drastic change of use include Hillcrest Avenue, Phoenix Avenue and Ardenne Road. Established offices and places of commerce are generally one lot deep along the Local Planning Area’s periphery roads including Trafalgar Road. The changes on Lady Musgrave Road can be attributed to its evolution into a main arterial road which traverses the Seymour Lands Local Planning Area. Additionally, a small proportion of industrial land uses are situated in the southern most section of the area. Sections of the Seymour Lands Local Planning Area have been sewered and it is in the second priority area for full sewage connection by 2020. The area has been identified for increased residential density due to its central location and connectivity with major transport links. The population of the area has been steadily increasing at an average growth rate of 0.28 percent over the last 20 years. According to the 2011 census administered by the Statistical Institute of Jamaica the current population stands at 3,115 persons. 1,462 of these persons fall within the economically productive age. In keeping with the growth rate, the population is projected to be 5,285 in 2030. The Seymour Lands Local Planning Area has been identified for densification node which will see an increase from 75 habitable rooms per hectare to a maximum of 125 habitable rooms per hectare. TRANSPORTATION The Seymour Lands Local Planning Area is serviced by public transportation which plies routes on the periphery of the area and along Lady Musgrave Road. Taxis provide additional service to the interior of the area. Congestion is usually highest along the periphery, with the interior network conveying comparatively less traffic. This congestion is due primarily to commercial and office uses along these roads, as well as the fact that these thoroughfares provide prime linkages between the New Kingston Business District, major nodes such as Papine, and Half-Way Tree, and various other residential communities. Interior roads such as Donhead Avenue, Hillcrest Avenue, Seymour Avenue, Argyle Road and Upper Musgrave Road which are used to bypass traffic on main roads tend to be congested during peak hours. Vehicular Parking The three major thoroughfares bounding the Seymour Lands Local Planning Area along with Lady Musgrave Road are heavily used by motorists and pedestrians FIFTH SCHEDULE, contd. 482 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 alike, and are usually congested during peak hours. The provision of adequate on site parking spaces for developments is therefore critical to the traffic circulation and function of the roadways and as such the local planning authority will ensure that adequate parking spaces are provided. POLICY SL T1 The planning authority will ensure that all development proposals provide the required parking spaces within the curtilage of the development site as outlined in Appendix 7 of this Order. POLICY SL T2 The planning authority will not support proposals for new development or extensions unless the required number of parking spaces are provided on site (including parking for the disabled) or unless such provisions can be met on property in proximity which is owned by the developer or in which he has legal interest. Only the remainder of the property can be developed and any such development on the property will have to provide its own parking. Landscaping significantly improves the aesthetics of parking areas, and by minimising the percentage of paved surfaces reduces storm water runoff, reduced localized flooding and reduction in the effects of the urban heat island. The proper siting and design of parking lots should support the preservation of the overall garden quality of the Seymour Lands Local Planning Area and encourage interconnectedness between pedestrians and the built environment. POLICY SL T3 The planning authority will ensure that parking lots are sufficiently landscaped (accounting for at least 10 per cent of total lot area), to the satisfaction of the local authority. POLICY SL T4 All new developments with outdoor parking lots shall utilise green or permeable parking techniques, to the satisfaction of the planning authority. POLICY SL T5 The planning authority will seek to ensure that parking lots are suitably sited to increase the aesthetics of the area and encourage pedestrian friendliness. POLICY SL T6 The local planning authority will seek to ensure that within the planning area all intersections and roadways are equipped with ramps and proper lighting to give visibility to motorists and all pedestrians including disabled persons. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 483 HOUSING Originally, the residential units in the Seymour Lands Local Planning Area were mainly of the single family detached type. However, within the last few years there has been an increasing trend towards the construction of apartment and townhouse developments in the area. The Seymour Lands neighbourhood has become a focus for multi-family development owing to its desirability as a residential location in proximity to many facilities, amenities, main economic and entertainment nodes. This was evidenced by an increase from a total of 86 multi-family units in 1982 to 580 in 1991 representing a 581 percent increase in this area. However, this trend has since decreased significantly to approximately 20 percent per intercensal period. Presently the residential character of the area is typified by a mixture of medium density developments with maximum building heights of five storeys; and single family dwelling on large lots ranging from quarter of an acre to over one acre. The height and density of residential developments may be varied by the Planning Authority based on each proposal’s specific considerations. POLICY SL H1 Multi-family (apartments/town house) development may be permitted on parcels of land which are 0.2 hectares (0.5 acre) and over in area which adheres to the required planning standards as outlined in this Order to the satisfaction of the relevant authorities. POLICY SL H2 The amalgamation of lots for multi-family development will be encouraged where the individual lot does not meet the minimum size required for multifamily development. POLICY SL H3 The following density ranges shall apply: (i) Density shall not exceed 125 habitable rooms per hectare (50 habitable rooms per acre) in areas as indicated on Figure 7 with building heights not exceeding four (4) storeys. (ii) Density shall not exceed 250 habitable rooms per hectare (100 habitable rooms per acre) in areas as indicated on Figure 7 with building heights not exceeding six (6) storeys. (iii) Density shall not exceed 375 habitable rooms per hectare (150 habitable rooms per acre) as indicated on Figure 7, with building heights not exceeding ten (10) floors. FIFTH SCHEDULE, contd. 484 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY SL H4 Minimum setbacks from property boundaries for apartment/townhouse development housing over 125 habitable rooms per hectare (50 hr/a): (i) 1.5 metres from the sides per floor to a maximum of 4.5 metres; (ii) 1.5 metres from the rear per floor to a maximum of 4.5 metres; (iii) the front boundary should be in keeping with the existing building line or as stipulated by the Road Authority. POLICY SL H5 New multi-family developments (apartment/ townhouse) shall provide amenity areas on site at the rate stipulated in Appendix 10 of this Development Order. It is imperative that further permeation of the residential area by non-conforming uses is not permitted, and nuisance illegal and non-conforming uses are removed by the relevant authority. In order to retain residential use and amenity in the area residential uses will be encouraged in areas identified for such uses. POLICY SL H6 The local planning authority will not normally support non-residential development on lots identified for residential uses. POLICY SL H7 Proposals for change of use of a residential property to a non-residential use will be assessed on their own merit and will be permitted only if the non-residential development provides amenity and service to the local community and the privacy and enjoyment of neighbouring dwellings is not adversely affected. SOCIAL AMENITIES The Seymour Lands Local Planning Area currently has limited public open and recreation places within its boundary. Amenity areas are provided within residential developments and some of the older residential subdivisions such as Trafalgar Park. The area is, however, in proximity to the New Kingston Business District in which various social amenities are present including Emancipation Park. The Devon House facility is a major recreational spot for residents of Kingston and St Andrew and is also in proximity to and easily accessed from the Seymour Lands community. Consequently, some of the social needs of the residents are quite easily met from outside of the area. There are also a number of institutional uses such as public assemblies, schools and day care centres interspersed throughout the area. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 485 Recreation Area and Open Space Preservation of the overall garden quality existing within the Seymour Lands community is very important to maintaining the character of the area. It is the intention to increase residential densities in this area hence the protection of open or green spaces within its boundary as well as seeking to ensure that adequate provisions are made in new multi-family developments is very important. The local planning authority will seek to ensure that lands are secured to augment public open space and recreational areas within this locality. This should be included in a plan for a system of open and recreational spaces which serves the recreational needs of the Order Area. In keeping with the General Development policy statement GD7 the protection of open/green spaces within its boundary as well as seeking to ensure that adequate provisions are made especially in multifamily developments is therefore critical. POLICY SL SA1 The planning authority will seek to identify lands in suitable locations within the Seymour Lands Local Planning Area to facilitate the development of public amenities and open space for community use. POLICY SL SA2 All lots within the Seymour Lands Local Planning Area that are zoned as public open spaces, or for recreational uses pursuant to this document, shall be developed only for such use. POLICY SL SA3 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. POLICY SL SA4 In all new housing developments, amenity areas provided shall be developed only for such uses. Such lands can either be for active or passive recreational purposes. POLICY SL SA5 No permanent structure will be allowed on any public open space that does not complement the use thereof. POLICY SL SA6 Only temporary structures will normally be allowed on public open spaces, except where it satisfies the planning authority that those structures are absolutely essential to the everyday operation of the facility. Institutional Several Institutional uses are dispersed throughout the area such as major secondary and primary educational institutions which serves the local community and the wider Order area. Other major institutional uses include several churches; FIFTH SCHEDULE, contd. 486 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 the Andrews Memorial Hospital on Hope Road; and various private educational training institutions. With the intention of increased densities, primary schools may be located within the local planning area as identified on the Seymour Lands Land Use Proposal Map. POLICY SL SA7 The planning authority will, in conjunction with the relevant authority, seek to identify lands in suitable locations within the Seymour Lands Local Planning Area to facilitate the development of public primary educational facilities. POLICY SL SA8 New applications to develop or extend educational uses on lots currently occupied by such institutions, will generally be supported. POLICY SL SA9 New applications for educational uses may also be considered along Hope Road, and Old Hope Road on lots zoned as mixed commercial/office use while maintaining compatibility with surrounding uses and other regulations. POLICY SL SA10 Development or extension of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area or conflict with surrounding uses. POLICY SL SA11 New applications for institutional uses that are of a residential type will generally be supported on lots zoned for residential use, providing that compatibility with surrounding residential character is maintained. POLICY SL SA12 Building heights for residential institutional uses shall be in keeping with the allowable height and density guidelines for the locality and should not negatively affect the amenity of the area. POLICY SL SA13 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines of the Ministry of Education. URBAN ECONOMY Although Seymour Lands is composed primarily of residential uses, commercial and office uses are generally located along the major thoroughfares namely Trafalgar Road, Hope Road, Lady Musgrave Road and Old Hope Road. There are however dispersed occurrences of commercial, office, and industrial uses throughout the FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 487 interior interspersed with residential ones. Embassies are also present, and currently there are two hotels, Christar Villas and Medallion Hall Hotel located along the Hope Road Boundary. The character of the area has changed over the last few years to accommodate shops and business activity on major roads. These include restaurants, bars, financial institutions, supermarkets which serve local and transient populations. POLICY SL UE1 Commercial and office activities will only be permitted on lots identified for such uses on the Land Use Proposal Inset Map No.16 POLICY SL UE2 Industrial activities of any kind will not normally be permitted within the interior of this area, and will be confined to lots zoned for commercial or office uses and if considered will be assessed based on their individual merits. POLICY SL UE3 For lots identified for office and commercial uses the following shall apply: (a) For Commercial uses: (i) Buildings shall not exceed three (3) storeys in height and these shall be confined to the arterial roads; Hope Road, Old Hope Road, and Trafalgar Road. Floor area ratio for office uses in these locations should not normally exceed 1 and site coverage of 331/ 3 percent; (ii) Building heights for commercial uses shall not exceed two (2) storeys at all other areas so identified on the Land Use Proposal Map. Floor area ratio should not exceed 0.5 and site coverage of 50 percent; (iii) Green areas should account for at least 33.3 percent of site coverage or to the satisfaction of the planning authority. FIFTH SCHEDULE, contd. 488 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (b) For office uses: (i) Buildings shall not exceed six (6) storeys along Hope Road, Trafalgar Road and Old Hope Road. Floor area ratio for office uses in these locations should not normally exceed 1 and site coverage of 50 percent; (ii) Building heights should not exceed four (4) storeys with floor area ratio of 0.5 and site coverage of 331/ 3 percent at all other areas so identified on the Seymour Lands Land Use Proposal Map unless otherwise specified; (iii) Green areas should account for at least 33.3 percent of site coverage or to the satisfaction of the planning authority but should not be less than that required. POLICY SL UE4 Where non-residential uses border lots zoned for residential use the planning authority may vary setbacks, height and other planning requirements in order to safeguard privacy and amenity of residents but should not be less than what is indicated in this Order. POLICY SL UE5 Where non-residential uses are contemplated on lots zoned for residential use, the development shall be considered on its own merit and shall not exceed two (2) storeys in height and site coverage of 50 percent unless otherwise specified. POLICY SL UE6 New applications for hotel development or extensions shall not be considered unless they apply to lots zoned for hotel development and do not adversely affect surrounding uses. POLICY SL UE7 For new applications to develop hotel, buildings shall not exceed three storeys in height and conform to the other requirements set out in this Order. Where lots are zoned for a mix of uses, either one of the uses or a mix of the identified uses is allowed and should conform with the requirements set out in this Order for such development. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 489 POLICY SL UE8 Applications comprising mixed residential and other compatible uses will be considered on lots zoned for a mix of uses, as depicted in the Seymour Lands Land Use Proposal Map. POLICY SL UE9 Where a mixed use development is contemplated on lots identified for this purpose, the ratio of development is to be at least 60:40 residential to office area respectively. POLICY SL UE10 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. WASTE TREATMENT AND DISPOSAL Sewage Disposal Some sections of the Seymour Lands Local Planning Area are serviced by the National Water Commission’s central sewerage system. These areas include Hope Road, Hopefield Avenue, sections of Old Hope Road and Trafalgar Road. Traditionally, sewage was disposed of on-site usually by means of absorption pits. Septic tanks were later used along with absorption pits as the main method of sewage disposal. There has been increasing recognition of the effects of sewage pollution on the ground water resources of the alluvium aquifer of the Liguanea Plains. Consequently, there is a determined effort to have sewage treated to at least a tertiary level in the Seymour Lands area. The Waste Treatment and Disposal section of this Order should be consulted and relevant policies applied. POLICY SL WT1 For new buildings or extensions in areas without central sewage the waste treatment facility proposed must treat sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the National Water Commission. POLICY SL WT2 In sewered areas all new developments within reasonable proximity as determined by the National Water Commission should connect to the public central sewage system. POLICY SL WT3 To protect the environment, and have more amenity area it is expected that on the introduction of central sewage all existing developments will connect to the public central system within a reasonable time. There is routine domestic waste collection by the National Solid Waste Management Authority (NSWMA) within the Seymour Lands Local Planning Area. Non domestic waste such as that generated by commercial, office and restaurant FIFTH SCHEDULE, contd. 490 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 uses is collected by private contractors. The local planning authority will support recycling and re-use particularly with regards to commercial and office developments in order to reduce the volume of waste entering the Riverton Solid Waste Treatment and Disposal Facility. POLICY SL WT4 The planning authority will ensure that all developments make provisions for the storage and collection of waste within the curtilage of the development. POLICY SL WT5 The planning authority will seek to ensure that the provision of facilities for the separation, and recycling of waste are provided in suitable locations for new developments. POLICY SL WT6 Onsite waste storage areas must be suitably constructed and located in order to facilitate safe access for the disposal and collection of waste. STONY HILL LOCAL AREA PLAN Description The Stony Hill Local Planning Area is located in St. Andrew along the main route from Kingston to the Parishes of St Mary and Portland via Stony Hill. An early spelling of the name was “Stoney Hill” and the suggestion is that it was named after an old house in Edinburgh, Scotland, known as Stoney Hill, dating from 1779. There used to be an old military barracks in the area which became unoccupied and in 1844, the government converted it into an industrial school for boys. The local planning area is predominantly residential in nature with the major residential use being single family however, there has been an increase in the construction of multifamily developments over the years. There are several unplanned developments occurring throughout the area some of which are close to the Stony Hill Square with the others scattered throughout the area. According to the Statistical Institute of Jamaica (STATIN) Population Census in 2001, the Stony Hill Local Planning Area had a population of 9,988 persons; the population decreased to 9,308 in 2011 representing a 7.3 percent decrease during the intercensal period or at a rate of -0.73 percent annually. Using these figures the population is projected to decrease to 8,626 in 2021 and further decrease to 8,076 by 2030. TRANSPORTATION Transportation provides residents of Stony Hill with mobility and access to employment, community resources, medical care and recreational facilities not only within their communities but to other areas outside the Local planning area. The FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 491 main mode of transportation in Stony Hill is through public and private passenger motor vehicles, cycling and walking. Public Transportation Public transportation in Stony Hill is provided by public passenger vehicle operators such as the Jamaica Urban Transit Company Ltd (JUTC) and National Transport Co-operative Society Limited (NTCS) which serve along the Cavaliers/ Stony Hill Secondary Road, Old Stony Hill Road and Stony Hill Road. Route taxis and individually operated minibuses also provide a significant means of access especially for the hilly interior of the area where the service of organized public transport is not readily available. However, as a result of the absence of a public transportation centre in the Stony Hill Local Planning Area public passenger vehicles mainly use the roadway in the vicinity of the Square to pick up and offload passengers. This usage often poses a problem to pedestrians and other road users especially at peak hours when several public passenger vehicles assemble to pick up passengers. POLICY SH T1 The local planning authority will seek to identify a suitable area for a transportation centre to accommodate taxis and stage carriers and/or will facilitate the construction of lay-bys and bus bays for the picking up and letting off of passengers throughout the Local planning area. POLICY SH T2 All forms of public transportation will be required to utilize these areas deemed suitable by the local planning authority and equipped with the requisite facilities to satisfy the needs of the commuting public. POLICY SH T3 The planning authority will normally support development proposals for the provision of off street parking facilities for public passenger vehicles and commuters. POLICY SH T4 The planning authority will support any rehabilitation of the Stony Hill Main Road which will provide for sufficient lay-bys, bus bays or other such facilities for public passenger vehicles and commuters. Vehicular Parking The three major thoroughfares within the Stony Hill Local Planning Area are heavily used by motorists and pedestrians and become very congested during peak hours. Stony Hill road is the main route to and from the Parishes of St. Mary and Portland though the Junction and also to the communities of Golden Spring, Temple Hall and Lawrence Tavern. Traffic is usually heaviest along these roads FIFTH SCHEDULE, contd. 492 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 during peak hours especially in the Stony Hill Square, with the interior road network accommodating lower traffic volumes. POLICY SH T5 The planning authority will not support proposals for new development or extensions unless the required number of parking spaces on site are provided or unless such provisions can be met on property in proximity which is owned by the developer or in which he has legal interest. Only the remainder of the property can be developed and any development on such property will have to provide its own parking. POLICY SH T6 To avoid congestion and facilitate the free flow of traffic along Mannings Hill Road, Old Stony Hill Road and Stony Hill Road the planning authority will not support on street parking along these roads. Throughout the Stony Hill Local Planning Area there is a general deficiency in the provision of parking spaces for commercial and office developments. While some developments provide parking, it is often inadequate based on the nature and scope of the activities being undertaken. The provision of adequate on-site parking spaces for commercial, office, and residential developments is critical to the traffic circulation function of the roadways. POLICY SH T7 The planning authority will not support proposals for new development or extensions unless the required number of parking spaces on site pursuant to the stipulations included in Appendix 7 are provided or unless such provisions can be met on property in proximity which is owned by the developer or in which he has legal interest. Only the remainder of such property can be developed and any development on such property will have to provide its own parking. Landscaping significantly improves the aesthetics of parking areas and aids in preservation of the garden quality of this sub-urban area. Additionally, by minimising the percentage of paved surfaces there is the added benefit of lessened storm water runoff in this areas hilly terrain. POLICY SH T8 In promoting the preservation of the overall garden quality of the Stony Hill Local Planning Area, all new developments having outdoor parking lots should make use of green parking techniques, inclusive of ornamental trees to the satisfaction of the planning authority. Landscaping should account for at least 10 per cent of total lot area. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 493 POLICY SH T9 All new developments having outdoor parking lots shall make use of green/permeable parking surface techniques. Road Network and Infrastructure Stony Hill’s existing road pattern and infrastructure is typical of many hilly areas in rural St. Andrew comprised of in some instances very narrow dual carriageways and is inadequate to support any heavy through flow of traffic. No provision has been made for sidewalks along the main road, especially in and around the Stony Hill Square making it unsafe for pedestrians. Sidewalks are part of the road right of way (reservation) used for pedestrian movement and are necessary to separate pedestrian traffic from vehicular traffic. They should wherever possible be complemented with planted verges and be landscaped with flowering and ornamental shrubs. In constructing sidewalks provisions should be made for access by disabled persons. The recommended width of sidewalks in relation to road width is given under visibility splays in Appendix 19. POLICY SH T10 The planning authority will support any rehabilitation of the arterial or any other roads carried out in the area that seeks to improve or add adequate sidewalk facilities, for the use and safety of pedestrians. POLICY SH T11 Where sidewalks are being established the local planning authority will seek to ensure that they are complemented with planted verges and constructed so that they can be accessed easily by the disabled. The western and north-western sections of the Stony Hill Local Planning Area are served by Northern section of Mannings Hill Road and Old Mannings Hill Road. There are other distributor roads which radiate from this into subdivisions. This area is experiencing an increase in residential development including multi family developments, and it is expected that traffic volumes will increase over time. At present large sections of these roads are quite narrow, only allowing single lane traffic, it is expected that these roads may need widening in the future. POLICY SH T12 The Planning Authority will seek to make provisions for the improvements of the main and service roads to ensure that they facilitate the free movement of traffic in and through neighbourhoods. HOUSING Residential dwellings in the Stony Hill Local Planning Area are mainly single family detached type units; however the construction of multi-family developments in the form of townhouses and apartments is increasing. There are also areas of squatting occurring throughout the area. FIFTH SCHEDULE, contd. 494 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 This Development Order supports maintaining an appropriate residential density within this local planning area. Densities will take into consideration the local characteristics including geology and slope along with the character and interest of surrounding developments. The terrain of the Stony Hill Local Planning Area is hilly in nature presenting slopes of 25o to 30o in some instances; while other areas are susceptible to rock falls and soil subsidence. With the thrust of higher residential densities on the Liguanea Plains and other established residential areas on the St. Andrew Plains densities in the Stony Hill area will be of a low nature and will not be in excess of 75 habitable rooms per hectare for multi-family developments due to the physical (topographical, geological and ecological) constraints of the area. POLICY SH H1 Residential single family or duplex units will normally be allowed on lots which satisfy the relevant planning guidelines outlined in this document. POLICY SH H2 Multi-family (apartment/townhouse) developments may be permitted on parcels of land which are 0.4 hectares (1 acre) and over in size and which satisfy the relevant planning guidelines. POLICY SH H3 Consideration may be given for multi-family development at 75 habitable rooms per hectare (30 habitable rooms per acre) on lots 0.4 hectares (1 acre) and over in size. This may be varied by the planning authority in relation to the physical conditions existing in the area or on site. POLICY SH H4 All residential developments must be adequately situated on a site which can adequately accommodate sewage treatment and meet the setback and amenity requirements. Such developments shall not exceed three (3) storeys in height above road level. These standards may, in relation to the physical conditions existing in the area, be varied by the planning authority. POLICY SH H5 New residential proposals and extensions must adhere to the lot coverage requirements provided in Appendices 21 and maintain the distance between buildings and property boundaries as stipulated in this Order. New residential developments should be laid out in such a way that they provide convenient access to all local facilities. The design and layout should cater for pedestrian and vehicular movement in a way that benefits the public. These residential developments should provide all the amenities and services such as adequate parking and open space which constitutes modern living. These amenities may be provided on site or in proximity to the development. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 495 POLICY SH H6 In new residential development schemes amenity space should be provided as set out in Appendix 10. POLICY SH H7 In residential developments where amenity areas cannot be provided on site the planning authority may consider it being located on an alternate site in proximity to the development. POLICY SH H8 New residential developments must harmonize with and respect the residential areas in which they are located and must: (i) Be well laid out in terms of car parking, access, amenities and landscaping; (ii) Provide adequate open space appropriate to the development; (iii) Provide a residential environment which affords privacy and is safe and secure. In areas where residential accommodation is near to other non-residential activities there is always the possibility of encroachment by such activities into residential areas. This situation is most evident on roads radiating from Stony hill Square (Sea View Road and Police Road) and the planning authority will not tolerate such changes. POLICY SH H9 The planning authority will not normally support industrial and commercial uses not providing an essential service or facility being located within areas zoned for residential use. POLICY SH H10 Proposals for change of use of a residential property to a non-residential use will be permitted only if the non residential activity is compatible with residential uses and the amenity, privacy and enjoyment of neighbouring dwellings is not adversely affected. Any uncontrolled development on a hillside is a potential hazard as it increases the area of susceptibility of slope failure, erosion and drainage problems. In an effort to protect the stability of these environmentally sensitive areas control has to be exercised over development proposals to prevent the destruction of trees and the construction of hard paving that contributes to excess runoff. The Stony Hill Local Planning Area has several such areas and care will be taken before allowing any housing development in these locations. In areas of conservation or environmental importance where low density accommodation or residential development is contemplated the density shall not normally exceed ten (10) habitable rooms per acre (ten habitable rooms per four hectares). FIFTH SCHEDULE, contd. 496 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY SH H11 Density shall not exceed 75 habitable rooms per hectare (30 habitable rooms per acre) in hilly areas and shall be in accordance with the Hillside Development Manual for Jamaica which have been developed for these areas (Cross Reference Policy SP H25-H27, Appendix 23 and Figure 7). POLICY SH H12 Density shall not exceed 50 habitable rooms per hectare (20 habitable rooms per acre) in hilly areas and shall be in accordance with the Hillside Development Manual for Jamaica (see Figure 7, 9 and Main Cross Reference Policy SP H27). POLICY SH H13 Where housing development proposals are being contemplated in potentially hazardous areas the local planning authority will require the submission of technical documents such as an engineer’s report for consideration in dealing with the application. POLICY SH H14 Housing development will not normally be allowed on land that is steep and unstable, vulnerable to erosion, slippage, subsidence, flooding or other natural hazards or which will involve costly extraordinary precautions to safeguard. Housing development in the Stony Hill Local Planning Area has been predominantly limited to the higher and middle income groups, thus reducing opportunities for the satisfaction of the need for low income housing in the area. POLICY SH H15 A mix of housing types including starter units and semi detached units of appropriate price points for low income earners may be permitted in suitable locations especially those being financed by the National Housing Trust. POLICY SH H16 In areas where it is feasible to regularize existing squatter settlements, the planning authority will work with the relevant Ministry and or authorities in order to provide safe and orderly development. SOCIAL AMENITIES The local planning area has a variety of basic social amenities, primarily education, health and community facilities such as a Type III health clinic, post office, police station, fire station, library and churches. These facilities over time may need upgrading and improvement should there be future increase in the local population for all residents to have access to these facilities. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 497 POLICY SH SA1 The local planning authority will support the expansion and upgrading of all social facilities when the need arises for this to be done. POLICY SH SA2 Developments that would decrease or eliminate any of the social facilities in the Stony Hill Local Planning Area will not be supported unless they are being replaced with a similar facility of equal or greater stature in the locality. POLICY SH SA3 The use of the existing social facilities for other compatible uses will be supported by the planning authorities provided their individual requirements are met and they would not be out of character with the area. POLICY SH SA4 The local planning authority will seek to identify suitable lands within the Local planning area for the establishment of new social facilities. POLICY SH SA5 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. Recreational Areas and Open Space The provision of public open space is lacking in this area, however church grounds, vacant lots and neighbourhood community centres are utilized for active and passive activities. In establishing new housing developments within the local planning area it is a requirement that land be reserved for open space and other recreational purposes. This will be in addition to any reservation required for other amenities such as schools, which the community may need. These will be provided at the rate set out in Appendix 10 of this Order and the Development and Investment Manual Volume 1 Section 1, which was prepared by the National Environment and Planning Agency, September 2005. POLICY SH SA6 In all new housing developments, land is to be provided for open space and other amenity purposes either on site or in proximity to the development at the rate set out in Appendix 10 and such lands can either be for active or passive recreational purposes. Educational and Institutional Educational and Institutional uses are dispersed throughout the area. The major educational institutions are the Stony Hill Primary and Junior High school and the FIFTH SCHEDULE, contd. 498 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Stony Hill HEART Academy which caters to both males and females, and currently provides residential accommodation for females only. Other major institutional uses include the Green Acres Nursing Home, The SOS Children’s Village, the St. Andrew Juvenile Remand Centre and various private educational training institutions. POLICY SH SA7 New proposals for educational and institutional uses will be assessed on their own merit and shall conform to all required planning standards. POLICY SH SA8 Building heights for new schools should not exceed (one) 1 storey for basic schools and three (3) storeys for primary and high schools and should where applicable be in accordance with the building and design guidelines developed by the Ministry of Education. POLICY SH SA9 Development of new places of worship or religious instruction shall be considered on their own merit and should not negatively affect the amenity of the area. URBAN ECONOMY Residential uses predominate in Stony Hill Local Planning Area, however, commercial and office uses are generally found in the Stony Hill Square, where the market is located and interspersed along Stony Hill Road. Banking, haberdashery, supermarket and dining facilities are also located within the Stony Hill Square at convenient locations. Hotel and entertainment uses including the Stony Hill Hotel, Villa Ronai, and Boone Hall Oasis add to the economy of this area. The local planning area is located within 8 Kilometres of the commercial node of Manor Park which provides varied shopping, leisure and business opportunities. POLICY SH UE1 Commercial and office uses will be permitted on properties one lot deep along Old Stony Hill Road, Sea View Road and Police Road as indicated on Inset Map No. 17 POLICY SH UE2 For commercial and office uses, the following standards shall apply: (i) Buildings shall not normally exceed two (2) storeys in height. However, the authorities may consider a height of three (3) storeys in exceptional circumstances; (ii) Buildings may maintain a zero lot line (iii) except to the front in accordance with road reservations and where it adjoins residential development to the satisfaction of the planning authority; FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 499 (iv) Buildings should adhere to a floor area ratio of 0.5 (v) plot coverage of no less 331/ 3 percent. Mixed uses for example, recreational/entertainment and commercial activities occurring on the same lot will be encouraged. This will enable buildings to be used to their full potential and introduce life to the town, especially at nights when most activities cease operations. However, where land uses are incompatible this will not be encouraged. POLICY SH UE3 The planning authority will encourage mixed use development in appropriate locations and areas so indicated on the Stony Hill Land Use Proposal Map for office/commercial use and will at all times ensure the residential amenities and areas of environmental importance are protected. In these instances building heights should not exceed two (2) storeys and must satisfy the required planning requirements including onsite parking. POLICY SH UE4 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. Light industrial activities such as garment manufacturing and printing etcetera will normally be supported at appropriate locations throughout the planning area. However, where industrial uses are permitted their operation must be such that it does not negatively affect the amenity of neighbouring lots. POLICY SH UE5 Light industrial activities may be permitted on lots zoned for other use and shall be considered on their own merit. The Stony Hill market is located along the Stony Hill main road within this local planning area. It does not generate much traffic as it is not well supported. However it still contributes to the economy of the area as well as the surrounding rural communities as it is one of the main facilities for the sale of farm products from the surrounding areas. POLICY SH UE6 Planning permission will not be given for the conversion of the market facility unless an alternative site can be identified for the location of the market. POLICY SH UE7 The planning authority will support upgrading works on the Stony Hill market in order to provide it with more modern facilities and amenities. FIFTH SCHEDULE, contd. 500 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 The Stony Hill Area has tremendous scenic value, providing panoramic city and mountain views. The area is serene and provides for secluded resort and recreation areas as have been utilized by the Stony Hill Hotel, Villa Ronai, and the Boone Hall Oasis. POLICY SH UE8 New proposals for low density resort, entertainment and or recreational development within the Stony Hill Local Planning Area will be considered on their own merit. POLICY SH UE9 Buildings for hotel uses shall not exceed three (3) storeys in height, should be sympathetic to the natural and aesthetic features of the area and be in accordance with the guidelines set out in this Order. The Stony Hill Local Planning Area is a primary midpoint for porting utilities/ services to various communities in West Rural St. Andrew. As such, proposals to develop or improve service facilities such as public electricity substations, fire stations, water treatment and pumping facilities, and telecommunication facilities are expected in increasing numbers. POLICY SH UE10 Proposals to develop or improve service facilities will generally be supported by the planning authority based on individual merit, and provided also that all required planning standards are met. CONSERVATION OF BUILT AND NATURAL ENVIRONMENT Built Environment The Hermitage Reservoir is located within the Stony Hill Local Planning Area. The reservoir has intakes at Ginger River and Wag Water/Morsham River and presently has a storage capacity of 1.78 million cubic metres/ 393 million gallons. It was built to provide a reserve water supply for the Corporate Area of Kingston and St. Andrew including Golden Spring, Halfway Tree and New Kingston. It took two and a half years to build and upon completion made history in Jamaica, as one of the biggest private engineering feat ever undertaken by the colony. It is not only a great engineering feat, but is a great benefit to the community of the Corporate Area. POLICY SH C1 Planning permission will not be given for any development which will result in any destruction or clearance of vegetation in the watershed/conservation area that may further compromise the storage capacity of the Hermitage Reservoir as demarcated on the Stony Hill Land Use Proposal Map Inset No. 17. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 501 Natural Environment The local planning area is partly located within the Hope River Watershed Management Unit. It is therefore imperative that the watershed is protected from indiscriminate clearing and unsustainable agricultural practices. POLICY SH C2 Planning permission will not be given for development in the Stony Hill Local Planning Area which will result in the destruction of the conservation areas as demarcated on the Stony Hill Land Use Proposal Map Inset No. 17. POLICY SH C3 Planning permission will not be given for developments which will adversely affect the flow or quality of water of the Wag Water River or its tributaries. The Wag Water River forms a part of the boundary of the Stony Hill Local Planning Area. The river has the potential to yield quarry material such as river stone and shingle. The river also provides water to the Hermitage Reservoir. It is therefore imperative that this resource is protected. POLICY SH C4 Where it is proposed to undertake mining and quarrying operations, plans should be submitted to the appropriate authority and permission received before the operation commences. POLICY SH C5 Quarries must be located in quarry zones. Permission will not be granted for them to operate in other locations except in extenuating circumstances and after adequate study of the proposed site has been done. POLICY SH C6 Development proposals that would materially affect the quality of fresh water resources will not be supported. POLICY SH C7 In areas where development is permitted adjacent to rivers or streams, the setback shall be a minimum of 50 metres from the banks and may, in relation to the physical conditions existing in the area, be varied by the planning authority. The Stony Hill area offers lush vegetated hills and stunning city vistas, assets which have influenced land prices in the area, as in the case in other hilly areas in the Development Order Area, such as Red Hills, Chancery Hall and Smokey Vale. Several points along the Mannings Hill and Old Mannings Hill Road and other vantage points, prove spectacular city and hill views and care will be taken that these views are not compromised. FIFTH SCHEDULE, contd. 502 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY SH C8 In order to preserve the scenic beauty of the Stony Hill area developments which will block outstanding views will not be favourably considered. WATER SUPPLY According to the Statistical Institute of Jamaica Census Data (2001) approximately 92 percent of households in the Local planning area have access to potable water through a connected piped water supply system. However, due to the rising cost associated with supplying piped water and increased drought conditions the planning authorities will support the development of rainwater harvesting systems in the local planning area. In times where the provision of public water supply systems is absent rainwater harvesting should be considered as an economical, safe and sustainable source of water when it is captured and stored appropriately. The local planning authority will therefore ensure that all proposed developments make these provisions for supplementary access to potable water by all. POLICY SH WS1 The planning authority will seek to ensure that the relevant authorities improve the existing public water supply system infrastructure to adequately service the local planning area. POLICY SH WS2 Rainwater harvesting will be encouraged in residential and other developments to improve access to potable water supply system. POLICY SH WS3 Proposed developments in areas without a reliable pipe water supply will be required to construct catchment tanks with adequate capacity to provide for the water supply requirements to satisfy their needs. Additionally, the local planning authority will support as much as possible the use of recycled waste water from basins, baths and showers where they will not have any adverse effect on public and environmental health. In this way domestic water consumption can be substantially reduced, thus reducing wastage of potable water. POLICY SH WS4 The planning authority will encourage the use of recycled grey water for non-potable uses and will ensure that provision is made for this in new development proposals. WASTE TREATMENT AND DISPOSAL Sewage Disposal The area presently does not have a central sewage system and developments in the area currently satisfy their sewage requirements on site. According to the National Water Commission (NWC) Sewage Expansion Plan for Kingston and St. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 503 Andrew, Stony Hill falls in an area that is zoned as Reserved Area where there are no long term plans to sewer the area. There has been increasing recognition of the effects of sewage pollution on the ground water resources. Consequently, there is a concerted effort to have sewage treated at least to a tertiary level. POLICY SH WT1 Development; including new buildings and extensions; in areas without central sewage, must provide a waste treatment facility that treats sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the appropriate authorities. POLICY SH WT2 In the absence of a central sewage system the following sewage disposal methods may be permitted in appropriate situations: (i) Septic tank and evapotranspiration bed; (ii) septic tank and reed bed; (iii) Any other safe and appropriate waste disposal technology as may be developed from time to time that is acceptable to the planning authority and other relevant agencies. Solid Waste Domestic solid waste is scheduled to be collected daily along the main roads by the National Solid Waste Management Authority (NSWMA) within the Stony Hill Local Planning Area. Non-domestic waste is collected by private contractors. According to STATIN 2001 Census, approximately 84 percent of households in the local planning area receive regular solid waste collection services. However, there are areas that because of terrain and road infrastructure receive less frequent solid waste collection. Therefore, in an effort to reduce public health and safety problems the planning authority will ensure that all developments make provision for waste storage and collection in tamper and rodent proof devices. POLICY SH WT3 The planning authority will ensure that all developments make provisions for the storage and collection of waste within the curtilage of the development in tamper and rodent proof devices. POLICY SH WT4 The planning authority will facilitate the appropriate siting of facilities for the separation, and recycling of waste in existing and new developments. FIFTH SCHEDULE, contd. 504 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 SOUTHERN MOUNTAIN VIEW LOCAL AREA PLAN Description The Mountain View South Local Planning Area is located to the immediate south of the Northern Mountain View Local Planning Area and is in proximity to the Downtown Kingston, business area. It is predominantly residential with mixed uses occurring particularly along corridors such as Mountain View Avenue, Deanery Road, Deanery Drive and Langston Roads which are main thoroughfares that traverse the Local planning area. Data from the Statistical Institute of Jamaica (STATIN) indicated that the population of the local planning area stood at 29,805 persons in 2011; the population realized a 4 percent increase during the intercensal period of 2001 to 2011 or at a rate of 0.42 percent annually. Using these figures the population is projected to increase to 30,757 by 2030. A The orderly and progressive development of that area described as the Mountain View South Local Planning Area in the First Schedule is an objective of this Order. TRANSPORTATION The main thoroughfares of Mountain View Avenue, Deanery Road and Langston Road provide access to the Mountain View South Local Planning Area. The use of public taxis and mass transit provides a significant means of access particularly to the interior of the locality. Public mass transit is provided by the Jamaica Urban Transit Company Ltd. (JUTC), and private minibuses which traverse the major arterial roads. Traffic congestion is usually highest during peak traffic periods in the morning and evening along the periphery, and some interior roads such as Deanery Road which links Mountain View Avenue in the east and Camp Road in the west. However, in general the interior network accommodates comparatively less loads during peak periods. Vehicular Parking The three major thoroughfares within the Mountain View South Local Planning Area are heavily used by motorists and pedestrians alike, and are usually congested during peak hours. POLICY SMV T1 The planning authority will ensure that all development proposals provide the required parking allotments within the curtilage of the development site as outlined in Appendix 7 of this Order. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 505 Increasingly the availability of adequate parking spaces for commercial and office uses in urban areas has become more of a challenge especially within the major commercial areas where on street parking at times impedes the smooth flow of traffic. POLICY SMV T2 The planning authority will not support proposals for new development or extensions unless the required number of on-site parking spaces are provided (including parking for the disabled) or unless such provisions can be met on property in proximity which is owned by the developer or in which he has legal interest. Only the remainder of such property can be developed and any development on the remainder of the land will have to provide its own parking. Landscaping significantly improves the aesthetics of parking areas, and, by minimising the percentage of paved surfaces there is the added benefit of lessened storm water runoff and aquifer recharge. POLICY SMV T3 All new developments having outdoor parking lots shall make use of green/permeable parking surface techniques. POLICY SMV T4 The planning authority will ensure that parking lots are sufficiently landscaped (accounting for at least 10 percent of total lot area), to the satisfaction of the local authority. POLICY SMV T5 The planning authority will seek to ensure that parking lots are suitably designed and sited in order to facilitate pedestrian movements. Roads The road network is important in a community, as it determines the ease with which they can move about in the community and gain access to other areas. Widening of existing roadways to accommodate future anticipated traffic volumes may be compromised by development activity if adequate setbacks are not provided. Sidewalks are important for pedestrian movements and are to be considered when roads are being developed. At times they are either not provided or are not suitable for traversing by the disabled community and other vulnerable groups including children and the elderly. In this regard, POLICY SP T13 should be consulted in conjunction with the following policies. POLICY SMV T6 Development proposals shall be adequately setback from road boundaries to allow for road improvements including provisions for sidewalks, widening and street-scaping as indicated in Appendix 5 and 6 of this Order. FIFTH SCHEDULE, contd. 506 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY SMV T7 The planning authority will seek to ensure that the requisite standards and guidelines for road works are adhered to. POLICY SMV T8 The local planning authority will seek to ensure that within the planning area all intersections and roadways are equipped with ramps and proper lighting to give visibility to motorists and all pedestrians including disabled persons. It is the intention of this Order to facilitate increased use of the public transportation system. This will include the coordination of routes and land uses which allows ease of access from residences to public transport stops and the facilitation of pedestrian links between major areas. To this end, the planning authority will identify routes within the Southern Mountain View Local Planning Area and seek to ensure the construction of facilities to accommodate any extension of public transport to these routes to better serve the community. POLICY SMV T9 The planning authority will seek to ensure the provision of ancillary facilities along public transportation routes being extended within the Mountain View South Local Planning Area which will be identified from time to time. In order to support the increased use of the public transportation system, it is important that suitable and convenient transportation hubs are located in proximity to the commuting population. POLICY SMV T10 The planning authority will, in conjunction with the relevant authority, seek to identify lands in suitable locations within the Mountain View South Local Planning Area to facilitate the development of multi modal transportation hubs. HOUSING The Mountain View South Local Planning Area has been identified for densification. It central location with proximity to public transport and economic areas makes it well suited for increased residential densities. At present, the housing stock within the area varies from dilapidated to well maintained as pockets of unplanned development occur in some areas while in other sections infill developments along with the renovation of single family houses have improved the character of the area. With the thrust towards increased residential densities it is imperative that provision of required amenities, parking standards, open space and other planning requirements be taken into consideration. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 507 POLICY SMV H1 Multi-family developments may be allowed on suitable lots or accumulation of lots which are 0.2 hectares (½ an acre) and over in area. Developments may be considered on smaller parcels of land once the required planning guidelines can be met to the satisfaction of the planning authority and will be considered on their own merit. POLICY SMV H2 The following density ranges shall apply: (i) Density shall not exceed 125 habitable rooms per hectare (50 habitable rooms per acre) in areas as indicated on Figure 7 with building heights not exceeding four (4) storeys; (ii) Density shall not exceed 250 habitable rooms per hectare (100 habitable rooms per acre) in areas as indicated on Figure 7 with building heights not normally exceeding six (6) storeys. In some of the older areas lot sized are very small and the housing units have degenerated to the point of collapse. There are several residents who are desirous of remaining in this area and would like to see rehabilitation take place but it is uneconomical to develop single family house. It would therefore be prudent from a planning point of view to allow some form of high density in the area with this problem to try and rehabilitate it the best way possible. POLICY SMV H3 In areas where the consolidation of lots is difficult or impossible and will retard redevelopment efforts of and for the residents, multi-family developments will be allowed on a prorated basis at the discretion of the planning authority as long as proper amenity standards can be maintained to its satisfaction. POLICY SMV H4 Minimum setbacks from property boundaries for apartment/townhouse development housing over 125 hr/ h (50 hr/a): (i) 1.5 metres from the sides per floor to a maximum of 4.5 metres; (ii) 1.5 metres from the rear per floor to a maximum of 4.5 metres; (iii) the front boundary should be in keeping with the existing or proposed building line or as stipulated by the Road Authority or as indicated in this Order. FIFTH SCHEDULE, contd. 508 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 POLICY SMV H5 New multi-family developments (apartment/ townhouse) shall provide amenity areas at the rate stipulated in Appendix 10 of this Development Order. POLICY SMV H6 Where proposals for change of use of a residential property to a non-residential use are considered, the non-residential development should provide service to the local community and the privacy and enjoyment of neighbouring dwellings should not be affected. SOCIAL AMENITIES The Mountain View South Local Planning Area currently does not have sufficient public open spaces and recreation areas within its boundary. The grounds of the National Stadium and environs and undeveloped lots are frequently utilized by residents for recreational use. Recreation Area and Open Spaces The provision of adequate public amenity area for the enjoyment of residents is critical to the sustained orderly residential development of this locality. The local planning authority will seek to ensure that lands are secured to augment public open space and recreational areas within this locality. This should be included in the plan for a system of open and recreational spaces which serves the recreational needs of the Order Area. In such cases Government owned lands will first be considered. POLICY SMV SA1 The planning authority will identify and seek to have acquired and developed lands in suitable locations within the Mountain View South Local Planning Area to be used as public amenity areas. POLICY SMV SA2 All lots within the Mountain View South Local Planning Area that may from time to time be identified and reserved for public open spaces, or for recreational uses, shall be developed only for such use. POLICY SMV SA3 The planning authority will ensure that any structures allowed on public open space are developed to complement the recreational use. POLICY SMV SA4 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 509 INSTITUTIONAL The educational institutions within the Southern Mountain View Local Planning Area include primary and early childhood institutions. Other institutional uses include churches and nurseries which provide services to the community and the public at large. POLICY SMV SA5 The planning authority will, identify and seek to have acquired lands in suitable locations within the Southern Mountain View Local Planning Area to facilitate the development of public primary educational facilities. POLICY SMV SA6 Building heights for new schools should not exceed one (1) storey for basic schools and three (3) storeys for primary and high schools. POLICY SMV SA7 Building heights for new places of worship or religious instruction shall be in keeping with the height and density zoning for the locality. POLICY SMV SA8 The multiple use of public facilities will be encouraged. URBAN ECONOMY Economic activities in this Local planning area generally occur in a linear manner along Mountain View Avenue, Langston Road and Deanery Road. However, there are several unplanned corner shops and convenience outlets located within this planning area. While providing for the economic development of the area and the provision of land for employment opportunities it is also important to protect the interior residential lots from activities or uses which may become a nuisance to residents and compromise the residential character and amenities of the area. Where lots are zoned for a mixed uses one of the uses may be allowed. Where these uses exist presently in areas not zoned for the particular purpose extensions on intensification will be strictly controlled. POLICY SMV UE1 Commercial and office uses will normally only be permitted in the areas as indicated on Inset Map No. 18. POLICY SMV UE2 The planning authority will normally support compatible mixed uses which occur on the same lot. The proposed development should be compatible with the character and amenities of the locality and will be assessed on its own merit. POLICY SMV UE3 For sites identified for commercial and office uses, the following standards shall apply: (i) Buildings shall not exceed three (3) storeys in height; FIFTH SCHEDULE, contd. 510 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (ii) Buildings may maintain a zero lot line except to the front in accordance with road reservations or where they adjoin residential development to the satisfaction of the planning authority; (iii) Floor area shall not exceed 0.6 and buildings should have 331/ 3 percent lot coverage; (iv) Parking shall be in accordance with Policies RP T1-5 to the satisfaction of the planning authority. POLICY SMV UE4 Where non-residential development adjoins residential uses the planning authority may vary setback, height and other relevant requirements or standards but not to less than what is in the Order to safeguard residential amenities. POLICY SMV UE5 Where non-residential uses are contemplated on lots zoned for residential use, the development shall be considered on its own merit and shall not normally exceed two (2) storeys in height, a floor area ratio of .5 and site coverage of up to 50 percent unless otherwise specified. POLICY SMV UE6 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. Industrial In order to prevent the intrusion of industrial uses within the residential areas of the Mountain View South Local Planning Area, the planning authority will not support industrial activities in areas not compatible with the zoning for the area. Where they are allowed their daily operations must not be detrimental to the amenity or character of their surroundings. POLICY SMV UE7 Industrial uses that are compatible may be permitted on lots zoned for office and commercial use as outlined on Inset Map No. 18 and will be assessed on their own merit. POLICY SMV UE8 Industrial buildings should not exceed: (i) Two (2) storeys in height; (ii) Floor area ratio of 0.5; (iii) Site coverage of 331/ 3 percent. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 511 ADVERTISEMENT GUIDELINES Advertisements are vital to business but measures are needed to ensure that the character and appearance of the area in which they are located is not compromised. Guidelines are set by the regulations as to the size, height and placement of the advertisements; however their location throughout the local planning area will have to be addressed. POLICY SMV CA1 Signs adhering to the guidelines set out by regulations will only be permitted by the planning authority in areas where they do not distract road users, cause clutter or become unsightly and detract from the character and appearance of the area. POLICY SMV CA2 Signs and advertisement must be well designed and sensitively located within the street scene. The planning authority will have regard to the circumstances of each case and the interest of amenities and public safety. WASTE TREATMENT AND DISPOSAL The Mountain View South Local Planning Area is not skewered. The area is however slated for sewage connections which are proposed to commence by the year 2020. It is expected that once areas are skewered all existing and new developments will connect to the public central sewer system within a reasonable timeframe. Traditionally, sewage was disposed of onsite by means of absorption pits. Septic tanks were later used along with absorption pits as the main method of sewage disposal. There has been increasing recognition of the effects of sewage pollution on the ground water resources of the alluvium aquifer of the Iguana Plains. Consequently, there is a determined effort to have sewage treated at least to a tertiary level in the Mountain View South Local Area. POLICY SMV WT1 Any development including new buildings, or extensions in areas without central sewage the waste treatment facility proposed must treat sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the appropriate authorities. POLICY SMV WT2 To protect the environment, it is expected that on the introduction of central sewage all developments will connect to the public central system within a reasonable time. Solid household waste is collected by the National Solid Waste Management Authority (NSWMA). Non domestic waste such as that generated by commercial, office and industrial uses are collected by private contractors. The local planning FIFTH SCHEDULE, contd. 512 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 authority will support recycling and re-use particularly with regards to commercial and office developments in order to reduce the volume of waste entering the Riverton Solid Waste Treatment and Disposal Facility. POLICY SMV WT3 The planning authority will ensure that all developments make provisions for the storage and collection of waste within the curtilage of the development. POLICY SMV WT4 The planning authority will ensure that facilities for the separation and recycling of waste are provided in suitable locations in new developments. POLICY SMV WT5 Onsite waste storage areas must be suitably constructed and located in order to facilitate safe access for the disposal and collection of refuse. DOWNTOWN KINGSTON LOCAL AREA PLAN Kingston is the capital, largest city and chief port of Jamaica. It is the largest English speaking city south of the United States. It is located on the south-eastern coast facing one of the largest well protected natural harbours in the world, the Kingston Harbour. The city is surrounded by the Iguana Plains of the Parish of St. Andrew and a crescent of mountains consisting of the Blue Mountains, Red Hills and Long Mountain rising more than 2000 feet. The development area hosts a total of 70,937 persons according to the 2001 census within an area of 6.31 sq. miles compared to 666,182 person in Greater Kingston (Kingston & St. Andrew) and an area of 185.3sq miles. The Downtown Kingston Local Planning Area has a wide range of land uses within its boundary including residential, Commercial/Business, Institutional, Recreational, Industrial and Mixed Uses. Given its history, there can be found a number of historical and cultural sites, public open spaces, areas of great biodiversity and established economic activity generators which help to establish the character of the city. Downtown Kingston has a mixed economy of public (government) and private sector enterprises. Kingston is the financial, cultural, economic and industrial centre of Jamaica, home to numerous financial institutions; most of the government ministries; the Supreme Court and the Appeal Courts; Houses of Parliament and more cultural attraction of any urban area in the island. The Kingston area has huge scope for intensification and accommodation of a majority of the nation’s future growth without needing to utilize precious agriculture or watershed lands. In addition, inner-city decline and depopulation in Kingston has led to opportunities for regeneration and revitalization using smart growth FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 513 policies which encourage highly efficient infill development and measures discouraging further suburban and exurban sprawls, even within the fence. TRANSPORTATION Roads The road network in Downtown Kingston is laid out in the typical grid iron pattern, particularly in the core area, however it is not capable of handling the volume of traffic generated by visitors to the area and through traffic, particularly in the morning and evening rush hours. At present, a phase of the western access expansion has been completed with improvements to Marcus Garvey Drive from the exit of Highway 2000 Portmore leg in the vicinity of the Petro jam Oil Refinery. This 6-lane expansion is to continue through to the Port Royal and Harbour Street intersections. Improvement of access to other business areas such as New Kingston, Cross Roads and Half Way Tree should be explored in order to improve both pedestrian and vehicular linkages. The possibility of improving the west to east connectivity (from Spanish Town Road and environs through to South Camp Road) should also be explored. These connectivity links must be re-enforced by an extensive programme of façade improvement along the streetscape of main arterial roads backed by a programme that is geared at regular maintenance of drains, street signs, drain-crossings and landscaping necessary to lift the appeal of the city as one navigates the city from outlying areas. POLICY DTK T1 The planning authority will, in consultation with the relevant road Authority, seek to identify and secure lands for the expansion and or creation on new transport routes; POLICY DTK T2 The planning authority will ensure the coordination of land use and transportation networks which reduces energy consumption, encourages use of public transport and improves pedestrian usage; POLICY DTK T3 The planning authority will seek to ensure that the requisite standards and guidelines for road works are adhered to. Vehicular Parking Downtown Kingston usually experiences parking problems and presently, parking is permitted along one side of the roadway on several streets but in the long term, the management of parking throughout the planning area will result in short FIFTH SCHEDULE, contd. 514 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 parking periods to facilitate pick-up and short business stops. It is anticipated that this will take effect with the further development of off-street parking facilities. POLICY DTK T4 The planning authority will seek to ensure that a comprehensive on street parking plan is developed as a part of an overall transportation plan and the first phase implemented within the shortest possible time. POLICY DTK T5 The planning authority will encourage the local authority to allow on street short stay parking for shoppers and for the operational use of business where road conditions make this possible along routes which it may identifies occasionally. There are special issues associated with parking in Downtown areas where land is valuable and relatively scarce and large numbers of people converge to work, shop, and visit. Off-site parking also known as remote parking is a good strategy for parking management. Employers should use and encourage employees to use less convenient parking areas so as to have the most convenient parking for customers and visitors. POLICY DTK T6 The planning authority will facilitate the provision of additional parking spaces and facilities in the downtown area including multi modal multi story parking facilities and other offsite parking facilities. The Western Transportation Centre was developed to facilitate the removal of the bus termini from the Parade area and to assist in reducing the level of congestion from the city centre, particularly, by owners within the public transportation sector. The Transport Authority will be maintaining a transportation centre at Pechon Street which will cater to rural buses. Additionally, strong enforcement is required to contain and eliminate the illegal congregation of taxis at unauthorized locations throughout the plan area, the action of which has a serious impact on traffic movement. All route taxis terminating in Downtown Kingston will be required to utilize the Taxi Park at Water Lane. Hackney carriages will occupy stands in marked locations at Pechon Street bus terminus, Water Lane, in lay-bys at King Street/Barry Street intersection and in the vicinity of the Bank of Nova Scotia. POLICY DTK T7 All transport centres or off street parking facilities, including parking lots (which should make use of green/ permeable parking surface techniques) and parking garages shall be constructed in accordance with the guidelines outlined in this Order and by the relevant transportation authorities. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 515 Providing information on available parking is very important as it reduces time spent by motorist trying to find available parking. User information for travellers about parking availability, regulations and price, and about other modes of transport such as walking paths should also be made available. This information can be displayed via signs, maps, brochures, websites and electronic guidance systems. Parking information should also indicate the consequences of non-compliance with the parking rules and regulations. With this inclusion persons will be more aware of parking that is available. POLICY DTK T8 The planning authority will ensure that directional and informational signage is erected at appropriate locations indicating the location of parking facilities. Pedestrians Increasing pedestrian comfort and safety is critical particularly in dense urban areas such as Kingston. Making an area pedestrian friendly has its benefits in minimizing the amount of vehicular traffic that dominates the area; it reduces vehicle emissions, promotes healthy lifestyle and can increase the propensity to spend. However, facilities must be in place to cater to the needs and safety of the pedestrians including disabled groups: this would involve improved sidewalk conditions, adequacy of lighting, crossing signals, rest stops and shaded areas. Ocean Boulevard is the main access road to the waterfront and as such must accommodate low traffic volumes working in tandem with the Kingston Mall and the off-streets to convey a large volume of pedestrians to the waterfront areas as part of the leisure and open space experience in the Kingston Local Planning Area. POLICY DTK T9 The planning authority will facilitate the improvement of roadways and sidewalks to improve pedestrian friendliness along routes which may be identified from time to time. Some of the sidewalks within the local planning area are not suitable for traversing by the disabled community and other vulnerable groups including children and the elderly. This is even evident in areas where the sidewalks were recently paved or upgraded to include a ramp. Objects such as benches, bollards, fire hydrants, grates, parking metres and utility poles make a sidewalk difficult for these groups to traverse if they protrude into the pathway or reduce the vertical or horizontal clear space. The placement and position of these should all be done with the sidewalk design guidelines of the Jamaica Council for Persons with Disabilities. POLICY DTK T10 The planning authority will facilitate the improvement of road infrastructure and sidewalks to improve safety for pedestrians and vulnerable groups. FIFTH SCHEDULE, contd. 516 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 An advanced traffic management system for Downtown Kingston needs to be developed. This should be designed to improve the existing stand-alone traffic signal system that is currently in place in order to further improve traffic flows Downtown. POLICY DTK T11 The planning authority in collaboration with the relevant road authority will seek to ensure that a comprehensive traffic management plan is prepared for the Kingston local planning area. Rail The rail tracks within the Downtown area are located to the west and ends at the railway station which is located at the intersection of Pechon and Darling Streets. Bringing back the rail system to Downtown Kingston will aid in the redevelopment of the area. The reestablishment of the railway station will also aid in spurring development in proximity to the market district which relies heavily on the transportation of produce from various areas outside the Kingston Metropolitan Area. At present, the remaining rail infrastructure is in a poor condition and some sections will have to be totally replaced and this should be considered on a phased basis. The rail system should ideally link the main economic hub of Downtown to other major economic hubs along with logistic centres, cargo and port hubs. POLICY DTK T12 The planning authority will support the phased re introduction of the rail service to the Kingston Local Planning Area, provide links to the rest of the Order Area and connect the Order Area with other parishes. The railway reservation in many parts of Kingston has been captured for informal residential purposes and this problem must be addressed by the relevant agencies and Ministries. The removal of the residents is critical to the reopening of the rail system in the future. POLICY DTK T13 The planning authority in conjunction with the relevant agencies will support the restoration of railway operations within the Kingston Local Planning Area and will ensure that lands and existing infrastructure are preserved and secured for the purpose. POLICY DTK T14 The planning authority will not support any development within the railway reservation area which is not related to the re-introduction of railway transportation within the Kingston local planning area. Seaports The current development of seaport facilities is geared towards making the Port of Kingston the Caribbean’s leading container transhipment port and by extension a key component in implementing Jamaica’s Global Logistics Hub. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 517 A proposed logistics hub at Tinson Pen is expected to provide a cluster of logistics centres with support from the port and airport. It is also anticipated that this will be integrated with intermodal transport capabilities, supporting infrastructure, telecommunications and trade facilitation mechanisms. The re-introduction of the ferry service as a leisure/transportation option should also be considered. The ferry service should not only serve as a mode of transportation between origin and destination points but should also maximize the potential of the Kingston Harbour as a source of recreation for activities such as tours of the harbour, fishing and suitable night time activities. POLICY DTK T15 The planning authority will support development proposals intended to improve the existing seaport facilities to modern standards and technologies as intended by the relevant agency. POLICY DTK T16 The planning authority will seek to ensure that relevant regulations, standards and guidelines are adhered to in the development of seaports by the appropriate authorities. HOUSING There are several well established residential areas within the Downtown Kingston Local Planning Area However many are characterized by old and deteriorated housing stock with many residents living in extremely poor and unsanitary conditions. The purpose of this Order is to retain and improve residential uses within residential areas as identified on Inset Map No. 19 and facilitate the increased provision of housing units at higher densities. Non-residential uses will normally be allowed where they provide amenity and economic stimulus to the area. POLICY DTK H1 The planning authority will normally support housing proposals for the redevelopment of vacant or derelict sites where the development enhances the character of the area, safeguards and or improves amenities and are in conformity with the requisite planning guidelines. POLICY DTK H2 The planning authority will not normally support development resulting in the loss of residential units and land unless the continuation of residential use is undesirable and the change of use is the only way of ensuring that a building of architectural or historic importance can be retained or renovated. POLICY DTK H3 Proposals for change of use from residential to a non residential use will normally be permitted where the non residential development provides amenity and service to FIFTH SCHEDULE, contd. 518 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 the local community and the privacy and enjoyment of neighbouring uses is not adversely affected. POLICY DTK H4 Proposals for the use of upper floors of shop buildings for residential purposes will normally be considered having regard to the effect of the visual character of the building. The National Housing Trust’s Kingston Housing Demand Report 2007 indicated that the provision of housing, in Kingston on a whole, is compounded by low income levels, poverty and degradation, which impacts affordability. In an effort to provide affordable housing the planning authority will encourage public private sector partnerships in order to effectively satisfy housing demand for different income levels. Area renewal may also be facilitated through the rehabilitation of existing owned homes and whereas redevelopment is desired, the displacement of residents should be avoided where possible. POLICY DTK H5 The planning authority will encourage and seek to facilitate the amalgamation of lots to allow for residential redevelopment and the provision of community amenities. POLICY DTK H6 The planning authority will seek to facilitate the redevelopment of vacant or derelict sites where the proposal enhances the amenity and character of the area. POLICY DTK H7 The planning authority will seek to encourage the provision of a range housing solutions of varied price brackets, housing types and sizes appropriate to the needs of the locality. Residential infill development of vacant and underused lands will be encouraged at appropriate locations. The Downtown Kingston Local Planning Area presently has the highest allowable residential density within the Order Area 375 habitable rooms per hectare (150 habitable rooms per acre). This residential density will be retained. Densities above 375 habitable rooms per hectare may be considered and other density calculations such as plot area ratio may also be employed when considering development proposals. Plot area ratios may be varied to a maximum of 4:1 at suitable locations as long as it meets the requirements such as parking, amenity area etc. as determined by the planning authority. POLICY DTK H8 The planning authority will normally encourage infill development at suitable sites within the Local planning area. POLICY DTK H9 Residential density of 375 habitable rooms per hectare (150 habitable rooms per acre) may be allowed at suitable locations up to ten (10) storeys. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 519 POLICY DTK H10 A plot area ratio of 2:1 may be applied in the determination of residential density, and may be varied to a maximum of 4:1 at suitable locations if parking and other amenities are provided to the satisfaction of the planning authority. The Urban Renewal (Tax Relief Act) 1995 is one of the incentive programmes developed to encourage investment, entrepreneurship, initiative and to further the plans to revive economic, social and cultural activities in identified Special Development Areas (SDA). Its main goal is to stimulate the private sector to play an active role in the redevelopment of areas designated as blighted. The programme is managed by the UDC who acts as an agent of the Ministry of Finance. POLICY DTK H11 The planning authority will seek to facilitate development proposals which utilize available fiscal incentives provided through the Government. The creation of new residential developments in the middle to higher income bracket is necessary to create a base of income level to support the new economic resurgence of Kingston. In addition to these traditional residential areas Kingston’s coastal setting and high aesthetic value should be capitalized by facilitating new middle to upper income waterfront apartments similar to those of Ocean Towers at the Kingston Mall. POLICY DTK H12 Where incentives for housing development have been provided by Government the planning authority will seek to ensure that the development includes units provided for lower income earners and for persons with disabilities. SOCIAL AMENITIES In the Kingston Local Planning Area there are several public recreational areas including the National Heroes Park, Emmet Park and St. William Grant Park. Other recreational areas are provided primarily as part of subdivisions. There are over 40 educational institutions within this Local planning area along with several well renowned places of religious instruction such as The Kingston Parish Church, Coke Methodist Church and the Jewish Synagogue. Recreation/Open Spaces In the Downtown Kingston Local Planning Area, this use incorporates parks, theatres, playgrounds and the waterfront. This use is dominated in acreage by the National Heroes Park, Emmet Park and St. William Grant Parks; however other notable recreational areas include the Kingston waterfront and the Ward Theatre. It is imperative that sufficient recreation facilities and open space be secured which supports the efficient functioning of the city and to ensure provision and promotion of affordable, accessible recreation and leisure opportunities that support healthy and active lifestyles. FIFTH SCHEDULE, contd. 520 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Notwithstanding the above there must be a concerted effort to secure adequate additional parcels of land suitable for active and passive recreational use within the plan area. However there must be a guard against having too many small, scattered open space parcels that may become a management and maintenance problem. POLICY DTK SA1 The planning authority will seek to ensure that provision is made to improve and extend the open space network to maximize connectivity to encourage usage. Like parks, green spaces and gardens playgrounds are also integral to the existence of every city. In keeping with the vision for Kingston, which is developing a city in which persons can live, play and work; areas will be identified throughout the plan area for erection of public playgrounds. All major developments within the area will also be required to erect a playground that is within the stipulated guidelines that will be tabled for the re-development area. The development guidelines which are an addendum to this document will include the specifications and requirements for these playgrounds. POLICY DTK SA2 The planning authority will seek to increase the functionality of the existing major parks through their redevelopment using modern park design standards. POLICY DTK SA3 The planning authority will seek to develop an assortment of active and passive recreational facilities based on the recreational needs of citizens. POLICY DTK SA4 The planning authority will seek to provide integrated public open space within areas slated for regeneration in accordance with the Development Guidelines of this Order. Heroes Circle and Environs Zone The Heroes Circle and environs zone is located at the northern boundary of the city of Kingston and it is dominated by the National Heroes Park around which there is a ring road known as Heroes Circle. The 20 hectare park is one of the few and largest public open spaces in Kingston. Over the years the park has been used as a venue for a variety of events and also holds the shrine that was erected as a memorial to person who died in the world war. The park is also the burial place for some of our National Heroes and Prime Ministers. The environment around Heroes Circle consists of primarily residential communities. These communities were established as a response to Kingston’s rapid expansion of the late 18th century. The residential communities in the zone are Woodford Park, Campbell Town, Allman Town, Kingston Gardens and Fletchers FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 521 Land. The zone is also home to a number of educational institutions and government buildings. The park is used by the institutions (especially the high schools) for recreational activities. POLICY DTK SA5 The local planning authority will support the development of a section of lands located at Heroes’ Circle for recreational purposes to include a civic centre and other passive and active uses that will be beneficial to the surrounding community members and general public. The King George Memorial Park, now known as the National Heroes Park was declared by the government in the ‘King George IV Memorial Park Act, 1956’ to be the new home of Jamaica’s Parliament, The Act states that the Council may reserve any land in the Park for use in connection with any public or municipal purpose. The local planning authority would support the multi-use of the National Heroes Park to include the use for parliament and as a public recreational area. POLICY DTK SA6 The local planning authority will seek to protect sections of the land located at the Heroes Circle for the establishment of a new Parliamentary Building. POLICY DTK SA7 The local planning authority will support the redevelopment of lands surrounding the Heroes’ Circle to include the surrounding residential communities. This redevelopment will include the upgrading of the housing stock along with the requisite social and physical infrastructure. Parade In 1692 the plan of Kingston, drawn by surveyor John Goffe, was geometric in shape, and based on a rectangular grid pattern. A nine acre square (now reduced to four) was created and became known as Parade. The square was the location for the military camp and the barracks were located to the north of the square until 1784 when it was relocated to Up Park Camp. Historically the Square was generally used for leisure, as a local promenade, military manoeuvres and for public executions and corporate punishment. Parade is located literally in the middle of Downtown Kingston and is surrounded by the business district, the market district, the waterfront and the cultural district. There are a number of opportunities that can be gained from the redevelopment of Parade as a square of prominence. These include the maintenance of the historic character of the square, the establishment of urban form, the development of Parade as a facilitator for public and community programs and activities generating empowerment and cultural awareness. FIFTH SCHEDULE, contd. 522 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Parade can be used as the hub for showcasing the country’s cultural heritage in an area that is highly pedestrianized, thus promoting economic activity, cultural awareness and social equity. POLICY DTK SA8 The planning authority will seek to ensure that Parade is reserved for public open space and that its connectivity to other recreational areas is improved and maintained. Institutional Uses There are over forty (40) educational institutions within this Local planning area. The Ministry of Education has established catchment boundaries for the different levels of schools, the limits of which provides an indication of the furthest distance a child is expected to travel from their place of residence to attend school. Primary level schools have a catchment radius of 4.83 kilometres (3 miles); and secondary schools have a catchment radius of 11.27 kilometres (7 miles). This is not currently being enforced by the Ministry and has become a guideline rather than a stipulation for the placement of students; especially for those at the secondary level. It should also be pointed out that while some schools are faced with the issue of overcrowding a number of schools within the area is severely under populated. Some of the schools within the area that is experiencing this problem are; St. Michael’s, Elletson, Chetolah, Trench Town, Jones Town and Seaview Gardens primary schools and Tivoli Gardens and Trench Town High schools. The levels of under population in some schools are considerable high with Trench Town high for example, having 602 additional spaces that can be occupied. POLICY DTK SA9 The planning authority will identify lands in suitable locations within the Kingston Local Planning Area to facilitate the development of public educational facilities at various levels and will seek to encourage the relevant authority to acquire same when the necessity arises. POLICY DTK SA10 The planning authority will, normally support the development of skills training and other educational uses at suitable locations. POLICY DTK SA11 Building heights for new schools should not exceed 1 storey for basic schools and three (3) storeys for primary and high schools. POLICY DTK SA12 The multiple use of structures used for social facilities will be encouraged. Health Services Public health service in the plan area falls under the South-East Regional Health Authority (SERHA) of the Ministry of Health, which is responsible for the overall administration of all health facilities for Kingston and St. Andrew. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 523 Hospitals There are two types of hospitals providing hospital services in the plan area characterized as general and specialist services. There is also a private hospital within the local planning area. Clinics and Health Centres The area is also served by eleven (11) health centres, although they are not all located within the redevelopment boundary. Of the eleven health centres and clinics two (Lenworth Jacobs and Vouch) are non-governmental. The East Queen Street and the Alpha health facilities, which are also located within the redevelopment area, are dental clinics. POLICY DTK SA13 The planning authority will identify lands in suitable locations within the Kingston local planning area to facilitate the development of public health facilities at various levels and will seek to have the appropriate agency acquire such lands. POLICY DTK SA14 The planning authority will normally support the development of private health service facilities at suitable locations. Kingston Public Hospital Compound Area This proposal was promulgated as part of the redevelopment of the Kingston Public Hospital. It was intended that lands adjoining the hospital, within a one block radius would be acquired and redeveloped into a vibrant mixed-use location. It is anticipated that the creation of the hospital compound area will result in the alleviation of traffic congestion within the immediate vicinity of the hospital, the improvement of the security measures for staff, patients and visitors, creation of a well-appointed landscaped area in the heart of the city, the establishment of staff housing, recreation and support services and the provision of improved housing accommodations and recreational facilities for residents within the immediate vicinity of the hospital. POLICY DTK SA15 The planning authority will normally support the extension and improvement of existing health facilities at suitable locations. POLICY DTK SA16 The planning authority will normally permit developments ancillary to and or which complement uses within the Kingston Public Hospital Compound Area. POLICY DTK SA17 The local planning authority should ensure that social facilities have adequate access and amenities for person with disabilities. FIFTH SCHEDULE, contd. 524 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 URBAN ECONOMY Kingston is the capital city and plays an important role as the major economic hub in the Order Area. The economic base of this Local planning area is dynamic and supports varying activities including wholesale, convenience as well as comparison shopping, industrial and financial operations. Like many other downtown districts worldwide the head offices of major banks, financial intuitions and other major players in the economy are located here. The Business District The Business District is bounded by Darling Street in the west, Ocean Boulevard to the south, Lower South Camp Road in the east and North Street to the north. This zone was created to facilitate the business establishments that are dominant within the area. It is also expected that as a consequence of designating the area as a business district other establishments will be encouraged, based on the incentives (Tax Incentive Programme) to set up their businesses within the district. This District is the focal point of any city. It is the commercial, office, retail, and cultural centre of the city and usually is the centre point for transportation networks. Since the beginning of the 21st century, the Business District has become a diverse region of the metropolitan area and includes residential, retail, commercial, universities, entertainment, government, financial institutions, medical centres, and culture. POLICY DTK UE1 New applications consisting of compatible mixed uses may be permitted and should be designed and sited to the satisfaction of the local planning authority. POLICY DTK UE2 A floor area ratio of 1:4 will be allowed but the planning authority will vary the height based on the proposal the stipulated required planning guidelines. POLICY DTK UE3 For commercial and office uses, the building may be located hard on the property boundaries subject to the provision of adequate parking on a separate lot or floor to the satisfaction of the planning authority. POLICY DTK UE4 For office buildings, setbacks from property boundaries shall be as follows: (a) Side—1.5m (5 feet) per floor to a maximum of 4.5m; (b) Rear—3m (10 feet) per floor a maximum of 9m. A primary goal within tourism sector is the realisation of growth in Kingston’s tourism product (especially in business tourism). To facilitate this activity it is FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 525 necessary to erect hotels and have other attractions in the area. Some of these already exist but needs to be promoted. POLICY DTK UE5 New applications for the development or extension of hotel will normally be supported by the planning authority, provided that it will not adversely affect surrounding uses. In order to assist in revitalization of the Downtown area several initiatives will be supported, these include but are not limited to; promoting the area as a transhipment hub, facilitating regulated vending spaces and refurbishing the market district into an area that is conducive for shoppers and sellers. The Tax Incentive Programme (TIP) first introduced in 1995 is one of several programmes used to encourage the development in the local planning area that has been deemed to be undergoing blight as a result of the numerous vacant and derelict buildings. POLICY DTK UE6 The planning authority will encourage proposals to bring disused or underused office and commercial spaces back into beneficial use and to improve the amenities of the area. The Cultural District This zone is intended to harness the cultural heritage of the development area by incorporating aspects of Jamaican culture such as music, cuisine, language, dance, religion, art and clothing. The zone is bounded by Sutton and Heywood Streets in the south, Luke Lane in the west, North Street in the north and Church Street in the East. The zone also incorporates sections of King and Orange Streets. The heritage of the city is a major resource that will assist in evoking local pride while attracting international attention. The cultural zone has some sites that form part of the cultural heritage of the Order Area. The most popular ones within the zone are the Ward Theatre, Liberty Hall, the Simon Bolivar Cultural Centre (Presently under construction) and the St. William Grant Park although not in the zone is located immediately to the south of it. POLICY DTK UE7 The planning authority will facilitate suitable proposals to improve existing cultural and entertainment sites and the construction of new one at suitable locations. The zone can be used as the hub for showcasing the country’s cultural heritage, and also has the possibility of becoming a major tourist attraction that could be incorporated into a heritage trail for Kingston and St. Andrew. POLICY DTK UE8 The planning authority will facilitate the identification and securing of lands if necessary for the FIFTH SCHEDULE, contd. 526 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 pedestrianization of roadways and the improvement of sidewalks to enhance pedestrian friendliness along routes which may be identified in the area. The tradition of music festivals and weekly entertainment events should be supported at suitable locations which do not present unnecessary noise nuisance to residents, the business sector and institutions. An area should be created that can be used by the residents to host cultural and other events in order to effectively facilitate the incorporate social and economic ventures into this area. Building on the history of music and sound engineering in the general area a Reggae Music Heritage Zone could be created due to the clustering of past and present sites of musical history. The corridor which includes North Parade to North Street, between Orange Street and King Street with an extension along Beeston Street from King Street to Love Lane, as a Development Area steeped in musical history could be developed for this purpose. POLICY DTK UE9 The planning authority will facilitate the development of appropriately sited and constructed facilities such as multipurpose halls and open air venues to accommodate music festivals POLICY DTK UE10 The planning authority will normally permit the development of appropriately sited and constructed facilities to enhance the viability of the cultural district. The dilapidated buildings within the cultural district should be restored where necessary and the architectural details for buildings which have not been declared under the JNHT should be maintained during restoration where possible. POLICY DTK UE11 Before granting permission for the renovation of any building or the development of any site with historic or archaeological buildings, the planning authority will consult with the Jamaica National Heritage Trust. In certain cases such an assessment may involve an evaluation excavation. POLICY DTK UE12 Alterations and extensions to buildings should respect the period, architectural characteristics and detailing of the original building. Currently, the Cultural District is a mixed use environment of commercial and residential uses. It is adjacent to a number of important public buildings such as the Kingston Public Hospital on Princess Street, Gordon House to the east and Parade to the south. Unfortunately the zone is also typified by what has become common to many areas of Downtown Kingston, and is characterized by high levels of decay and poorly maintained structures. This observation is true for both commercial and residential structures. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 527 POLICY DTK UE13 The planning authority will normally support compatible mixed uses located on a single lot within the Downtown local planning area generally and in the cultural district specifically. The Market District The district lies between Parade in the East, Darling Street in the West, Beckford Street to the South and Spanish Town Road & Heywood Street to the North. It is envisioned that this district will be a pedestrian friendly zone. It is proposed that the district be extended southwards, towards the waterfront. This will facilitate a variety of commercial activities, and attract a more diverse clientele. Developments such as restaurants and recreational facilities which complement the market district will normally be supported at suitable locations. POLICY DTK UE14 Development will normally be permitted to improve and extend developments within the market district where they improve the amenity of the area. POLICY DTK UE15 The planning authority will normally permit developments ancillary to and or which complement uses within the market district. Industrial Mixed-Use Zone The Industrial Mixed Use Zone is located to the south west of the Kingston and St. Andrew (KSA) and is the most western section of the Kingston Local Planning Area. It is bounded by; Darling Street, Marcus Garvey Drive and Port of Kingston Causeway, Spanish Town Road and Kingston Harbour. It acts as one of the main entrances into Downtown Kingston and is the link between St. Catherine and Kingston, travelling along the Portmore Causeway. The zone is made up of residential, educational, transportation, civic, commercial, warehouse/storage and industrial areas. The main residential areas in the zone are Tivoli Gardens, Greenwich Town/Greenwich Farm, Delacree Park/Union Gardens and Caribbean Palms. POLICY DTK UE16 The planning authority will normally support compatible mixed uses located on a single lot or adjacent to each other within the industrial mixed use zone. POLICY DTK UE17 Where non-residential development adjoins residential uses the planning authority may vary setback, height and other relevant requirements or standards in order to safeguard residential amenities. POLICY DTK UE18 Where non-residential uses are contemplated on lots zoned for residential use, the development shall be considered on its own merit and shall not exceed two (2) FIFTH SCHEDULE, contd. 528 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 storeys in height and site coverage of 50% unless otherwise specified. POLICY DTK UE19 The amenities of residential uses located in or adjacent to areas zoned for office, commercial and industrial uses will as far as practically possible, be safeguarded. Parliament District The Parliament District is bounded by Hanover Street to the east, Orange Street to the west, Beeston Street to the south and Charles Street to the north. The district also includes one block between Duke Street and Johns Lane and half block between Duke Street and Mark Lane. The parliament district is home to Gordon House which is the seat of legislature in the country, which comprises of an appointed Senate and an elected House of Representatives. This district should have a prominence that goes with a building of such use, as is the case in other jurisdictions. The district should be redeveloped to show prominence and to showcase the opportunities that redevelopment will bring to the area. There is also the opportunity to make well needed changes to the traffic circulation in the area and to redevelop some derelict buildings and vacant lots that are in close proximity to Gordon House. POLICY DTK UE20 Permission will not be given for any development within the vicinity of any monuments listed by the National Heritage Trust without approval from the Jamaica National Heritage Trust. POLICY DTK UE21 The planning authority will ensure that all developments or renovations to buildings do not destroy the setting of ancient monuments, historic landscape and important archaeological sites. POLICY DTK UE22 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. WASTE TREATMENT AND DISPOSAL A central sewage system services the majority of the Downtown Kingston Local Planning Area, and sections which are currently not sewered are slated to be connected commencing in 2020. Septic tanks were traditionally used along with absorption pits as the main method of sewage disposal. However, the introduction of central sewage has lessened the effects of possible sewage pollution to the area. POLICY DTK WT1 The planning authority will seek to encourage the development of or improvements to the central sewerage system including pump, lift stations and sewage mains. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 529 POLICY DTK WT2 For new buildings or extensions in areas without central sewage the treatment facilities proposed must treat sewage to a tertiary level and for trade effluent to the pre-treatment standards as stipulated by the National water Commission. POLICY DTK WT3 In sewered areas within the Downtown Kingston Local Planning Area all new developments within reasonable proximity as determined by the National Water Commission should connect to the public central sewage system. POLICY DTK WT4 To protect the environment, it is expected that on the introduction of central sewage all developments should connect to the public central system within a reasonable time as determined by the National Water Commission. Domestic Solid Waste is collected by the National Solid Waste Management Authority (NSWMA) within the Downtown Kingston Local Planning Area. Non domestic waste such as that generated by commercial, office and industrial uses are collected by private contractors. The Local Planning Authority will support recycling and re-use particularly with regards to commercial and office developments in order to reduce the volume of waste entering the Riverton Solid Waste Treatment and Disposal Facility. POLICY DTK WT5 The planning authority will ensure that all developments make provisions for the storage and collection of waste within the curtilage of the development. POLICY DTK WT6 The planning authority will ensure that facilities for the separation and recycling of waste are provided in suitable locations in existing and new developments. POLICY DTK WT7 Onsite waste storage areas must be suitably constructed and located in order to facilitate safe access for the disposal and collection of refuse. The collection, storage and transportation of scrap metal is controlled by the Trade (Scrap Metal) Regulations 2007. The siting of scrap metal storage and processing operations must be managed in order to ensure that their location and operation do not have deleterious effects on environmental receptors or reduce the amenity of the areas in which they are located. POLICY DTK WT8 In the assessment of applications for the development of scrap metal storage and processing sites, the local planning authority will consider such factors as amenity and proximity to environmental receptors, residential and employed populations. FIFTH SCHEDULE, contd. 530 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 In areas zoned for industrial development it is expected that hazardous waste will be generated. Adequate provision will therefore have to be made for the disposal of such waste should it occur, to ensure that there compatibility between industry and the environment. Medical waste is also categorized as hazardous. Health facilities within the Kingston Local Planning Area presently dispose of medical waste through incinerators and or autoclaves. POLICY DTK WT9 The planning authority will ensure that hazardous waste disposal operations are sited in a manner to ensure the safe storage, processing and or disposal of hazardous materials. POLICY DTK WT10 Medical waste disposal facilities shall be designed and constructed to the required standards set out by the regulatory authorities and to the satisfaction of the planning authority. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 531 APPENDICES Appendix 1 General Glossary In these Appendices— “advertisement” means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction, and without prejudice to the foregoing provision includes any hoarding or similar structure used or adapted for use for the display of advertisements, and references to the display of advertisements shall be construed accordingly; “agriculture” means the cultivation of the soil for any purpose, the breeding and keeping of livestock and pond fish, the keeping of apiaries, the use of land for grazing, meadows, nurseries, the growing of economic fruit trees and the use of lands for woodlands where this is auxiliary to other agricultural activities; “amenity area” means an area within a development which is intended for leisure purposes and which may include landscaped site area, communal lounges or swimming pools; “apartment building” means a strata development in which the units in the building are located above each other, the roof of one unit being the floor of the one above, and having shared entrances and other essential facilities and services and with shared facilities provided for dwelling units; “bad neighbour” means any use that has a seriously detrimental effect on the locality in terms of noise, traffic or other disturbance and people living near it; “building” in relation to outline permission does not include plant or machinery or a structure or erection of the nature of plant or machinery; “building line” means a line established from an officially designated centre line or boundary of a street from which all front and street setbacks required under this Order shall be measured and determined; “built up area” means land forming part of the urban area which is either developed, committed for development or the subject of a new land allocation in this plan. It is a policy boundary concept rather than what exists and is the area within which the general presumption is in favour of development and outside which is against development; FIFTH SCHEDULE, contd. 532 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 “climate change” means any significant change in the measures of climate lasting for an extended period of time and includes major changes in temperature, precipitation, or wind patterns, among others, that occur over several decades or longer. “climate change adaptation” means anticipating the adverse effects of climate change and taking appropriate action to prevent or minimize the damage they can cause, or taking advantage of opportunities that may arise. “climate change mitigation” means human intervention to reduce the human impact on the climate system; such as strategies to reduce greenhouse gas sources and emissions and enhancing greenhouse areas that absorbs carbon dioxide. “country side” means lands that are outside the built up area; “commercial development” means development for the provision or supply of goods or service by wholesale or retail; but does not include a warehouse; “cubic content” means the cubic content of a structure or building measured externally and determined by multiplying the floor area by the height; “dwelling house” means a building or part of a building forming a self contained premises designed to be occupied by a single family or household and does not include a building containing one or more flats; “ecological sensitive area” means an area which is vulnerable to natural disasters and human impact; “environmental impact assessment” means a study of the environment to detect how a development would impact on the environment in the area in which the development is proposed; “facade” means any exterior surface of a building other than the roof; “flat” means a separate and self-contained premises constructed for use as a dwelling and forming part of a building from some other part of which it is divided horizontally; “floor area” means the gross horizontal area of all floors of buildings, structures or erections covered or uncovered measured from the exterior faces of exterior walls or exterior supporting columns for any floor not enclosed by exterior walls together with any floor space provided for mechanical equipment, elevator shafts and stairwells at each floor, other than basement space used as car parking facility; FIFTH SCHEDULE, contd. Appendix 1, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 533 “floor area ratio/plot area ratio / floor space index” means the ratio of total floor area of a building to land area at the location expressed as a decimal which is determined by dividing the total building area on a lot/site by the lot area; “ground cover/footprint” means the amount of ground space at grade covered by building development whether or not it is roofed or un roofed, enclosed by walls, or open space used for accommodation or any auxiliary purposes but does not include parking areas; “habitable room” means in residences, any room or space intended primarily for human occupancy other than a kitchen or bathroom; or a storeroom not exceeding 6.5 sq.m.in area, in hotels, hotel bedrooms for guest or staff; “habitable structures” means any structure primarily intended to be used for living, sleeping, eating, or assembly purposes including but not limited to residences, multi-family dwellings, apartments, churches, food facilities and industrial buildings; “industry” means an activity which the use carried on involves or is incidental to the making of any article or part of any article or the altering, repairing, ornamenting, finishing, cleaning, washing, packing, canning, or breaking-up or demolition of any article or the extraction or processing of minerals; “industry-light” means an industry in which the process is such that it is suitable for location adjacent to or in close proximity to residential development although not necessarily within the area itself; “infill” means the development of a vacant site within a substantially developed area in which the bias is to preserve the status quo; “landscape plan” means a plan which shows the location, species, and size of all major vegetation to be retained, removed, or planted; as well as all other aspects of “landscaping”; “local planning area” means a growth centre; “mixed use” means an area or development comprised of mixed land uses either in the same building or in separate buildings on either the same lot or on separate lots or, at a larger scale, in nodes; “mixed -residential” means a development consisting of a mix of residential, commercial and office activities in which the subordinate commercial and office use is compatible with, and to some extent provides services to the residential development; FIFTH SCHEDULE, contd. Appendix 1, contd. 534 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 “nodes” are mixed-use communities or areas of activity for residential living in an area and for people in nearby communities. “non-conforming use” means the use of a building, structure, land or portion thereof which use does not conform with the use regulations designated for the area in which it is located; “office” means a place in which clerical and administrative work is undertaken or a place used for transacting business; “permitted development” means the classes of development which may be undertaken without requiring planning permission as this is deemed to be granted by the Development Order. “professional office” means a place used by professionals for the practice of their profession; “public open space” means land which is reserved for the use of the public except in special circumstances; “quarry” shall have the same meaning as in the Quarries Control Act; “residential density” in relation to any area, means the number of habitable rooms per hectares and is calculated by adding together all habitable rooms in a selected area and dividing by the acreage; “retail warehouse” means a single storey warehouse or industrial type building with adjacent surface parking for the sale of products displayed and stored in one and the same area and where the sale of food products is not more than forty per cent (40%) of the principal use; “rural areas” mean lands outside the built up area or coastal areas; “satellite antenna” means an apparatus designed for transmitting microwave radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus; “shop” means a building used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods by retail or for any other purpose appropriate to a shopping area; “show caves” means caves that are managed by a government or commercial organization and made accessible to the general public usually for an entrance fee; “sinkhole” means a natural depression or hole in the surface topography caused by the removal of soil or bedrock, often by water. FIFTH SCHEDULE, contd. Appendix 1, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 535 “storey” means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above it, then the space between such floor and the ceiling next above it; “strategic gap” means an open area of land where development will be strictly controlled to prevent the coalescence of existing built up areas; “studio” means a self-contained dwelling unit of one room that has a kitchen and bathroom and whose total area does not exceed thirty seven point one six (37.16) square metres of four hundred (400) square feet; “structure” means anything constructed or erected with a fixed or permanent location on the ground or requiring a fixed location on the ground or attached to something having a fixed location on the ground such as building, platform, swimming pools, sheds, boundary walls, fences, radio towers etc.; “sub-urban” means a residential area located on the outskirts of a town or built up section of a local planning area; “townhouse” means a one-family two or three storey dwelling in series with a group of two or more such dwellings each located on a separate lot and separated from each other by an adjoining fire wall or walls without opening in such walls; “use classes order” means the classes of land use within which certain changes of use may take place without requiring planning permission, as they are deemed not to involve development; “urban” means a built up area of town with a local planning area; “warehouse” means a building, or land used temporarily for the purpose of storage or distribution of goods and materials. 2. Telecommunications Glossary Base Station means—a structure or structures that consist of transmitters and receivers that are connected to antennas by feeder cables. A base station can be a microcell, macrocell or picocell and can either be mobile or fixed; Co-Location/mast sharing means—The utilization of one site by more than one service provider and/or the utilization of one or more masts by more than one service provider; FIFTH SCHEDULE, contd. Appendix 1, contd. 536 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Exclusion zone means —an area within which radiation exposure guidelines may be exceeded. Zones shall be a minimum of 20 m by 20 m (65.6 ft. by 65.6 ft.) in size and the physical barrier shall be a minimum of 3 metres (9.8 ft) in height; Macrocell means—A base station that provides the largest area of coverage within a mobile network. The antennas at this station must be positioned at a height, which prevents obstruction from terrain or buildings; Mast or tower means—a ground-based or roof-top structure that supports antennas at a height where they can satisfactorily send and receive radio waves; Microcell means—base stations that provide additional coverage and capacity to macrocells. A microcell is usually sited where there are large numbers of users. Antennas are usually mounted at street level; Physical barrier means—a fence or wall not less than 3 metres (9.8 ft.) in height which encloses a base station; Picocell means—a base station, which is normally found within existing buildings and provides more localised coverage than a microcell; Precautionary approach means—before a development is permitted it should be shown that the risk from the development is acceptably low. The lack of full scientific certainty or an absence of information indicating that a risk is unacceptably high should not be reasons to approve development; Radio waves mean—electromagnetic wave of frequencies lower than three million megahertz propagated in space without artificial guide (Radio and Telegraph Control Act); Sound broadcasting—means the dissemination by wireless telephony of sounds of any description but does not include sounds, which form part of a television broadcast; Television broadcasting—means the wireless transmission of visual images or pictures, together with any sounds broadcast for reception along with those images or pictures. FIFTH SCHEDULE, contd. Appendix 1, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 537 APPENDIX 2 LIST OF MAJOR URBAN CENTRES/LOCAL PLANNING AREAS Nineteen (19) Local Planning Areas have been identified in the Order Area. These areas are currently under intense pressure of development or due to their central location, access to central sewage and flat terrain, have the potential for more intensive residential infill development. These are listed below; Local Planning Areas 1. Barbican 2. Cargill Lands 3. Constant Spring Gardens 4. Cross Roads 5. Eastwood Park Gardens 6. Half-Way Tree 7. Liguanea 8. Manor Park 9. New Kingston and Environs 10. Northern Mountain View 11. Papine University District 12. Patrick Gardens 13. Port Royal 14. Red Hills 15. Richmond Park 16. Seymour Lands 17. Stony Hill 18. Southern Mountain View South 19. Downtown Kingston FIFTH SCHEDULE, contd. 538 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 APPENDIX 3 SCHEDULE OF MONUMENTS, HISTORICAL, ARCHAEOLOGICAL AND ECOLOGICAL SITES AND BUILDINGS Parish of Kingston Buildings of Architectural and Historic Interest 40 Harbour Street Headquarters House, Duke Street Kingston Railway Station, Barry Street The Admiralty Houses, Port Royal Churches, Cemetreies and Tombs Coke Methodist Church, East Parade East Queen Street Baptist Church, East Queen Street Holy Trinity Cathedral, North Street Kingston Parish Church, South Parade Wesley Methodist Church, Tower Street Old Jewish Cemetery, Hunts Bay Forts and Naval and Military Monuments Fort Charles, Port Royal Historic Sites Liberty Hall, 76 King Street Public Buildings Ward Theatre, North Parade Statues and Other Memorials Bust of General Antonio Maceo, National Heroes Park Cenotaph, National Heroes Park Papine, Mona Aqueduct, UWI Mona Campus Buildings of Architectural and Historic Interest Admiral’s Mountain Great House, Cooper’s Hill Cherry Garden Great House, 46 Russell Heights Craighton House, Irish Town Devon House, Hope Road Lillian’s Restaurant, Old Hope Road (UTECH) Mona Great House, off Mona Road Oakton House, Maxfield Avenue FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 539 “Regardless”, 4 Washington Drive 24 Tucker Avenue, former residence of National Hero, the Rt. Excellent Alexander Bustamante Churches, Cemetreies and Tombs Church of the Good Shepherd (Anglican), Constant Spring Road) Jamaica Free Baptist Church, August Town Road St. Andrew Parish Church, Hagley Park Road University of the West Indies Chapel, UWI Mona Campus Clock Towers Cross Roads Clock Tower Halfway Tree Clock Tower Public Buildings Buxton House, Mico College Campus Natural Sites Cinchona Botanic Gardens Historical, Archaeological and Ecological Sites and Buildings of Interest The list of sites and buildings which follow indicate areas of particular beauty or having historic, archaeological significance. It is not a complete inventory of all significant sites and structures in the parish but gives an indication of what should be preserved in the carrying out of permitted development works and in the absence of intended development to be conserved. The local planning authority may, after consultation with the Jamaica National Heritage Trust and on the advice or direction of the Authority, add to this list. Should any item cease to exist the local planning authority may after consultation with the Trust and with the express consent of the Authority, remove such item from the list. Parish of Kingston Buildings of Architectural and Historic Interest 72½ Hanover Street, Militia Headquarters Headquarters House (Hibbert House), Duke Street, Churches, Cemetreies and Tombs Scots Kirk, Duke Street FIFTH SCHEDULE, contd. Appendix 3, contd. 540 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 St. Peters Church, Port Royal Old Naval Cemetrey, Port Royal Galdy’y Tombstone, Port Royal Gordon House, Duke Street Old Fire Brigade Station, Sutton Street Public Buildings (East), King Street Public Buildings (West), King Street Old Goal, Port Royal Kingston Railway Station Statues and Other Memorial Monument to the Unknown dead from 1907 earthquake, May Pen Cemetery Monument to the Workers of 1938, No. 2 Pier Statue of Simon Bolivar, Bolivar Place Parish of St. Andrew Buildings of Architectural and Historic Interest Bellevue, Mannings Hill Bellevue near Flamstead, Port Royal Mountain Flamstead, Port Royal Mountain Cinchona House, Cinchona Gardens Kings House, Hope Road Lucky Valley, Port Royal Mountains Saxthorpe, Constant Spring Road Staff Common Room—UTECH, Old Hope Road Trafalgar Park, Trafalgar Road Vale Royal, Montrose Road Widcombe House, Widcombe Road Forts, Naval and Military Monuments New Castle Military Station FIFTH SCHEDULE, contd. Appendix 3, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 541 SCHEDULE OF BEACHES ALONG THE KINGSTON AND SAINT ANDREW DEVELOPMENT ORDER AREA COAST Location Type –––– –– Buccaneer Bathing and Seaside Park Bournemouth Bathing Brooks Pen Commercial and Bathing Cable Hut Commercial and Bathing Copacabana Seaside Park and Bathing Caribbean Terrace Seaside Park Greenwich Town Fishing Gunboat Bathing and Seaside Park Harbour Head Bathing and Seaside Park Hunts Bay Fishing Ocean Lake Seaside Park Port Royal Fishing and Seaside Park Rae Town Fishing Seven Miles Fishing Sugarloaf Bay Fishing FIFTH SCHEDULE, contd. APPENDIX 4 542 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Main Road Reservations The following road reservations have been approved or recommended and will be carried out in due course by the appropriate Road Authority. These routes will be protected and no development will be permitted which could in any way obstruct the proposals or make it more costly to Government to implement. Source: The National Works Agency FIFTH SCHEDULE, contd. Appendix 5 MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 543 APPENDIX 6 SCHEDULE OF ROAD STANDARDS (All measurements in metres) Side Type of Total Carriage- Reservation Road Reservation way (each side) ––– ––––– –––––– ––––– Total Paved Planted –– –– ––– (a) Service 9 6 1.5 – – Roads Reservation, carriageway, paving and planting may be varied by Local Planning Authority depending on circumstances. (b) Housing 12 6 3 1.2 1.8 Paving and Estate planting may be Roads varied by Local Planning Authority depending on circumstances. (c) Main 15 8.5 3.25 1.45 1.8 Paving and Housing Planting may be Estate varied by Local Roads Planning Authority depending on circumstances. (d) Arterial 30 7.5 See special requirements (2)2.4 shoulders Roads and a median strip, or such requirements as the Local Authority may consider adequate. FIFTH SCHEDULE, contd. 544 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 (e) Arterial 21 14.6 See special requirements (2) 3.2 footpaths Roads or such where requirements as standards the Local of (d) are planning not required Authority may consider adequate. Standard of new roads and improvements to existing roads in subdivisions in the Order Area will be required to comply with the above schedule. Roads are in four classes:— (a) Service Roads: These are used for direct access to individual lots within a residential area or for access to commercial premises. (b) Housing Estate These are intermediate collector roads for traffic Roads: generated by service roads. (c) Main Housing These are the main roads within a residential area Estate Roads: and would normally be used as bus routes or as denser traffic routes through residential areas. (d) Arterial Roads: These are the main roads normally through the city or linking parts of the city (and would be equivalent to the National Works Agency Class A Road). FIFTH SCHEDULE, contd. APPENDIX 6, contd. Side Type of Total Carriage- Reservation Road Reservation way (each side) ––– ––––– –––––– ––––– Total Paved Planted –– –– ––– MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 545 PARKING AND LOADING REQUIREMENTS Parking and Loading Requirements Schedule of Vehicle Parking Requirements Within Site Boundaries Minimum Number of Vehicle Type of Development Parking Spaces Required –––– ––––––––– Private Residence (up to two bedrooms) 1 for each individual unit. Private Residence(over two bedrooms) 2 for each individual unit. Apartment Buildings and Town Houses 1.25 for each individual unit. Elderly persons accommodation (Self contained dwellings) 2 per three units Elderly persons accommodation (Grouped flat) 1 per three one bedroom units. Guest Houses 1 for each 2 guest unit plus 1 for each 4.5 square metres Motels and Hotels 1 parking space for each 2 of the first 40 rental sleeping units; 1 additional space for every 3 rental sleeping units thereafter. In addition 1 employee parking space for each 10 guest rooms plus 1 for each 4.5m² of public dining room. 1 coach parking hotel. Villas 1 per 2 bedroom villa 2 per 3 bedroom villa Hostels for students 1 space for every 4 units plus1 space per 2 full-time members of staff. Civic Administration Building, 1 for each 20 squares metres of Office Buildings, Libraries gross floor area inclusive of store rooms plus 1 space per unit for staff parking where the building is divided into smaller units. FIFTH SCHEDULE, contd. APPENDIX 7 546 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Museums & Art Galleries 1 space per 30 square metres of public display space Shops, Stores, Supermarkets 1 for each 20 square metres of gross floor area inclusive of store rooms plus 1 space per unit for staff. Where the building is divided into smaller units one for each 16 square metres of gross floor area. (The same applies to Shopping centres). Markets To be assessed individually Restaurants 1 for each 4.5 square metres of public dining room Take-Away Fast Food Shops 6 spaces per unit, plus 1 for each 4.5 square metres of dining area or public dining room. Industrial Buildings used for manufacture or storage 1 for each 185 square metres of gross floor area including office space, plus provision for trucks as indicated in Vehicle loading requirements. Dance Halls, Clubs and Bars 1 space per 2 square metre of public floor area. Games Buildings Public or Exhibition Halls 2 space per 3 staff members plus 1 spacefor every 10 square metres of exhibition area Cinemas, Concert Halls, Theatre Town Centre locations, 1 space per 10 seats. Other locations—1 space per 5 seats. Primary Schools 1 space for every 5 Teachers. FIFTH SCHEDULE, contd. APPENDIX 7, contd. Minimum Number of Vehicle Type of Development Parking Spaces Required –––– ––––––––– MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 547 Secondary Schools 1 space for every 5 Teachers, plus 1 space for every 3 non-Teaching staff Post-Secondary Institutions (Colleges, Universities, etc.) 1 space to be provided for every 2 members of staff plus 1 space for every five (5) full-time equivalent students in addition to administration requirements. Hospitals 1 space for each 4 beds. Clinics/Health Centres 3 spaces for each practitioner. Group medical, Veterinary or Dental Practices 2 spaces per practitioner. Crèche, Day Nurseries or Day Care Centre 1 space per 3 staff membersplus an area for setting down andpicking up of children. Assembly Halls, Auditoriums, City and Town Halls, Court House, Lecture Halls 1 for each 8 seats Place of Public Worship or Religious Instruction 1 space per 7 seats plus one parkingspace for each 4.5 m2 of floor area inassembly rooms with movable seats or 1 space per 6.5 square metres if no permanent seat is provided Petrol Filling Station 5 car parking spaces per service bayplus a minimum of 3 car parking spaces up to a site area of 500 square metres and an additional space for each additional 250 square metres. Golf Courses 4 spaces per hole. FIFTH SCHEDULE, contd. APPENDIX 7, contd. Minimum Number of Vehicle Type of Development Parking Spaces Required –––– ––––––––– 548 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Tennis/badminton 4 spaces per court. Parking for Disabled In all parking areas for developmentsopen to the public consisting of 3-19 spaces—at least 1 space; 20 spaces or more—a minimum of 5% of the total number of spaces. Vehicle Loading Requirements within Site Boundaries Number of Loading or Types of Building off-loading bays –––––– –––––––– Shops, Showrooms, Stores, 1 for each building up to 930 square metres plus 1 for each 1850 square metres of floor Markets, Hospitals area in excess of 930 square metres to a total of 3.1 for each 930 square metres thereafter. Industrial Building used for manufacture or storage 1 for each building up to 460 square metres plus 1 for each 930 square metres of floor area in excess of 460 square metres to a total of 3. One (1) for each 460 square metres thereafter. The design layout and landscaping of parking areas shall be in accordance with Appendix 9 and Figures 2, 3 and 4. FIFTH SCHEDULE, contd. APPENDIX 7, contd. Minimum Number of Vehicle Type of Development Parking Spaces Required –––– ––––––––– MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 549 APPENDIX 8 GUIDELINES FOR THE PROPER SITING AND DESIGN OF PETROL AND OIL FILLING STATIONS 1. Stations should be located at a minimum of 152.4m from any public institution such as schools, churches, public libraries, auditoriums, hospitals, public playgrounds, et cetera. 2. Area of land to be developed should be sufficient to allow manoeuvring of vehicles within its curtilage but should not be less than 1858 sq. m. with a minimum frontage of 30.5m on the primary street. Where the site is part of a functionally integrated commercial or industrial complex the size may be reduced to not less than 1120 sq. m. 3. Filling Stations will not be allowed in any area where traffic situation is such that it will cause obstructions in entering or leaving a station or on tight curves where visibility is not adequate. 4. Vehicular access or egress or crossover should be reasonably safe with adequate approach distances especially where main roads and intersections are involved. 5. Wherever possible, stations should be erected on level rather than sloping site to prevent rolling of discarded materials such as cans, drums, et cetera. 6. When sited in shopping centres, stations should be located in an isolated area of the development as long as planning criteria are met e.g. setback. 7. Environmental impact on streams, lakes, ponds, aquifer, et cetera, will be taken into consideration. An Environmental Impact Assessment may be required from the applicant. 8. Buildings are to be located a minimum of 12.20 m. from road property boundaries to provide adequate area for manoeuvring of vehicles in the service area. 9. Canopies and supports over pumps and service equipment when located less than 6 m. from interior residential lot lines or building or structure should be constructed of non-combustible material. 10. Petrol pumps shall be located a minimum of 30.48 m. from any residential building. 11. No fuel pumps or other mechanical equipment shall be installed so as to permit servicing of motor vehicles standing on a public street or highway. 12. All service areas should be paved to avoid dust nuisance. 13. Exterior design of the building should be compatible with adjacent development and should be such that it is not detrimental to property values in the area. FIFTH SCHEDULE, contd. 550 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 14. In a residential area a landscaped open area 3.0m wide shall be provided along the rear property boundary and 4.6m wide along the side property boundaries, and be separated from paved area by kerb or other barrier. 15. Where the site adjoins the side of, or rear boundary of a residential lot, a solid wall 3.0m in height should be constructed and maintained along that lot boundary. 16. A raised kerb of at least 15cm in height should be erected along street property lines except for driveway openings so as to prevent operation of vehicles on sidewalks, and to define entrance or exit points. 17. Signs should be in accordance with the advertisement Regulations and should be located so as not to reflect the sun into the face of motorists and should be large enough so that they can be seen from a reasonable distance at a reasonable speed. 18. Each tank shall be vented to the atmosphere outside of buildings by means of an independent vent pipe which should not be less than 3.65m in height or 0.6m above the top of the nearest adjacent building. 19. All volatile flammable liquid storage tanks shall be installed below ground. 20. Integral containers of adequate design and capacity should be provided for solid waste, such as discarded cans, bottles, etc. 21. Proper facilities for storage and disposal of used and waste oil and gas must be provided. 22. Waste water from the washing of motor vehicles et cetera and sewage disposal should be to the satisfaction of the Health Authorities. 23. Fuel should be stored in double walled container with leak spillage and over fill detection system to minimise leakage and prevent contamination of ground water and the material of the tank is to be coated to avoid corrosion. 24. A secondary containment should be in place to contain any spills or leakage and should have a volume of not less than a hundred and ten percent of the volume of the tank itself. 25. Normally no access to nor egress from a filling station shall be closer than 45.72m to any road intersection or sharp corner, or 76.2m from the intersection of two main roads. 26. Tank access chambers and filling points should be liquid tight to prevent accidental spillage from entering the ground around the installation. 27. The surface around the road tanker discharge area and around the vehicle filling points should be liquid tight, and the area drained to a petrol/oil separator to prevent product from entering off-site drainage systems. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 551 APPENDIX 9 THE DESIGN OF PARKING FACILITIES 1. The condition governing the design of parking facilities (see figure 3) for enclosed and unenclosed parking is an unobstructed rectangular minimum space of 5.5m x 2.5 m. for each car, so, however, that— (a) where parking is parallel to the kerb, the length of the car parking space shall be increased to 6.7m; (b) where a vehicle can overhang the kerb by 0.6m and such overhanging does not seriously limit the use of a sidewalk or other access, the length of the parking space may be reduced to 4.88m; (c) where the use of one car parking space is limited on both sides by a wall or column, the unobstructed width (face to face of obstruction) of the parking space shall be 3.0m or if a door opens into the parking space on its long side, 3.36m; (d) where the use of one parking space is limited on one side by a wall or column, the unobstructed width (face to face of obstruction) of the parking space shall be 3.0m; (e) the minimum width of a parking aisle shall be 5.5m except where parking is provided at a lesser angle to the aisle than 60 degrees and access is one way only, in which case the following aisle width shall apply; Angle of Parking – Minimum Aisle Width –––––––– –––––––––– 30 degrees – 3.36m 45 degrees – 3.97m 60 degrees – 5.5m 2. In the case of parking garages with columns, care must be taken to ensure proper moving of vehicles and in no case should a column project into a minimum parking space aisle. 3. For parking garages, carports and parking areas, the maximum gradient and the maximum cross slope shall be 1 in 20. 4. In certain types of developments, developers will be required to provide loading and off-loading bays within the curtilage of the site. 5. Each bay shall have an unobstructed rectangular space 6.7m by 3.0m and reasonably vehicular access shall be provided to each bay. 6. The parking provision for disabled drivers should be as indicated in Figure 2. FIFTH SCHEDULE, contd. 552 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 APPENDIX 10 RESIDENTIAL DENSITY—STANDARDS AND CONTROLS Requirements Residential density is used as a control over the physical intensity and bulk of buildings and indirectly as a control on the number of people living on a particular site. Since the actual occupancy of unit of accommodation is a variable that is dependent upon such factors as tenure, size and mix of units of accommodation density is best expressed in terms of habitable rooms per hectare rather than persons per hectare. While density is useful in assessing proposals, other requirements such as adequate amenity space, ground cover, floor area ratio, security, privacy and car parking spaces will be taken into consideration. The general appearance of the building, distance to adjacent development and established character of the area will also be considered. In calculating density all the rooms are regarded as habitable rooms except for kitchen and bathroom, landing stairs, passages and storerooms not exceeding 6.5 sq. m. are also excluded. However where a bedroom in a multi-family building can be subdivided it counts as two or more habitable rooms depending on the site for density calculation purposes. Where the proposal is for a site with an existing building the density of the development should be calculated as follows and shown on the drawings— (a) density for the whole site including habitable rooms in the existing building plus the new proposal; (b) density for the existing building on its reduced site area; (c) density for the new proposal on its new site area; Low densities may be appropriate for residential development where the site is of irregular shape, the adjacent buildings are low rise, where there are trees or other natural features to be retained, where it is in a conservation area or where another use is involved. Security Public safety and security should be given attention in the design, layout and lighting of developments, especially as it affects the needs, of women, children, the elderly and disabled persons. Where possible footpaths, play areas and car parks should be well lit and should be overlooked by habitable rooms or kitchens. Footpaths should have a clear view through to public areas without any blind corners. Rear access ways to dwellings should be avoided as should access through a block of flats or between houses to other flats. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 553 Play areas should be located so that they can be overlooked from nearby dwellings, but well separated from roads and parking areas; and landscaping should include low shrubs, ground cover and well sited trees to avoid creating hiding places. Privacy and distance between buildings Town House and apartment buildings require an area of privacy either for the outdoor use of the occupants of a particular unit or to provide privacy from passers-by. This area is known as the privacy zone. The remainder of the open area where no privacy zone is required maybe used for communal pedestrian purposes by the occupants of the project. The yard depth and privacy zone requirements may vary depending upon the form of housing and on the use of the rooms having principal windows overlooking the area. Each dwelling unit in a horizontal multiple housing shall have one yard area which serves as a private outdoor living area for the occupants. This is normally associated with the living room, but to allow flexibility in design, the private outdoor living area may alternatively be located adjacent to a dining room, study lounge or a kitchen which is combined with one of the above uses. A privacy zone should normally not be less than 4.5 metres deep. Outside a window of a habitable room the minimum distance to a wall or building should be 7.5 metres. Minimum distance between two storey building front (or back) elevation is 10.5 metres with the condition of 20 metres distance to the next two storey building from its opposite back (or front) elevation. An outdoor area adjacent to a non-habitable room shall have a minimum depth of 1.2 metres plus 0.6 metres for each storey above the storey or partial storey at ground level. Minimum distance between building in excess of two storeys should be twice the height of the building measured on the side or front (or back) elevation to a maximum of 30 metres. The minimum distance between two end elevations of two apartment buildings should be 1.2 metres plus 0.3 metres for each storey additional to the storey or partial storey at ground level to a maximum of 3.5 metres. This is not applicable if the end elevation has the only window of a habitable room. If so the distance should be minimum 7.5 metres. Along either front or back elevations there should be a privacy zone of appropriate length. For distance between buildings of different heights, the height of the highest one dictates the distance of parking from habitable room windows. Amenities (i) Single Family Detached Development FIFTH SCHEDULE, contd. APPENDIX 10, contd. 554 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 In housing developments, space such as parks, playgrounds and sports fields are needed as part of the public areas. To ensure that this need is satisfied, in all new residential area in excess of 10 lots usable lands must be reserved for the above community non-residential needs at the minimum rate of one hectare to everyone hundred (100) dwelling units. Such land should be landscaped initially and otherwise be developed. The land reserved for public use should not be pieces left over as unsuitable for development of houses. It is important that the land is on usable ground and also that it is properly located within the neighbourhood so that it can be conveniently used for the required public purpose. Consideration should also be given to the provision of large open spaces rather than several small ones. (ii) Multi-Family Development Space must be set aside for recreational and landscaping purposes different from the land reserved for the building, car parking, driveway areas, foot paths accessory building and ancillary uses where required. This referred to as the amenity area will normally be a portion of the total site, but may also include swimming pools, communal lounges and other areas within the site which, in the judgement of the planning authority, can be used for general recreational purposes. The minimum common “amenity area” for each unit should be provided as follows: —Studio Unit 15 square metres —One-Bedroom Unit 30 square metres —Two or more Bedroom Unit 60 square metres Landscaping In new residential developments a site plan will be required showing the accurate position of all existing trees and shrubs and those that are proposed to be removed, and those to be planted. Existing trees and shrubs should, where possible be protected during the construction period by exclusionary fences which should be erected before site clearance commences. The landscaped areas should be laid out before the development is occupied so that they will be ready for maintenance at the time of occupancy. Applications will not be considered in outline if the development or the area is felt to be environmentally sensitive. FIFTH SCHEDULE, contd. APPENDIX 10, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 555 APPENDIX 11 CAVES OF KINGSTON AND ST. ANDREW The following have been plotted where possible, using the 1:50,000 metric sheet series 1. Name Location Sheet No. Grid References –– –––– ––– –––––––––– Easting Northing ––– –––– Bat Cave Swain Spring 766411 658289 Bat Tornado Hole Red Hills 764436 657541 Bloxburgh Cave Hollow Wood 786111 648289 Cave 1 Swain Spring 766411 658289 Cave 3–4 Swain Spring 766411 658289 Chestervale Tunnel Silver Hill Gap 783211 659489 Cornhill Gully Cave Barkshire Hill 785411 652089 Cow Cave Padmore 766411 658389 Dallas Castle Caves Dallas Mountain 779311 648989 Day After Cave Padmore 766711 658389 Diamond Hole 1 Mountain Atlas 764411 657289 Diamond Hole 2 Red Hills 764411 657289 Diamond Hole 3 Red Hills 764411 657289 Diamond Hole 4 Red Hills 764711 657589 Dinaman Caves Retreat 747611 693089 Ferry Cave Ferry River 763111 653289 Frog Cave St. Andrew 766411 658289 Glade Cave Mavis Bank 785111 653289 Good Hope Cave Good Hope Mountain Grandy Bush Caves Salt Spring 787111 645289 Hope River Sink Hope River 779011 647189 Hyde Hole 1 New River Valley 657000 586000 Hyde Hole 2 New River Valley 657000 586000 FIFTH SCHEDULE, contd. 556 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Kingswood Cave Mannings Hill 768611 658789 Last Cave Swain Spring 766411 658289 Mammee River Cave Mammee River 777111 656289 Mount Rossana Cave Mount Rossana 784111 651289 Red Hills Road Cave Red Hills 764411 657589 Retreat Hole Retreat 747911 692889 Rockfort Cave Rockfort 778111 646489 Salt Spring Cave Bull Bay 787111 645289 Sc33 Sink Swain Spring 765811 658089 Three Finger Jack’s Cave Cane River 782411 645989 Worm Cave Swain Spring 766411 658289 FIFTH SCHEDULE, contd. APPENDIX 11, contd. Name Location Sheet No. Grid References –– –––– ––– –––––––––– Easting Northing ––– –––– MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 557 INFORMATION TO BE SUPPLIED WITH SUBDIVISION APPLICATION Scheme Plan Every Scheme plan prepared for the purpose of a subdivision shall show— (a) the whole of the land being subdivided. (b) the type of development and the several allotments and their areas, dimensions, and numbers in sequence. (c) the proposed phasing and seeding if any. (d) contour lines with respect to residential subdivision especially where the terrain is most uneven and difficult. (e) surface water drainage details. (f) scale to which the plan is drawn. (g) existing roads, reserves, access way and service lanes. (h) the layout of the proposed roads and their approximate grades, the proposed reserves, access ways and service lanes. (i) all those lands which are either affected by existing easements or to be affected by easements which are created. (j) the nature of all easements whether existing or to be created. (k) the relationship of the proposed scheme with adjacent land or development whether or not under the control of the applicant or owner. (l) such information as suffices to identify any particular road such as names, letters, or numbers. (m) such other particulars as may be required in writing by the local planning authority. Location Plan A location plan is to accompany each scheme plan showing the position of the subdivision in such a manner as to facilitate mapping and location on ground. Such a plan should: (a) show the nearest places of importance to and from which any road leads; (b) show definable and easily recognizable marks on earth together with necessary data such as distance from nearest mile post; FIFTH SCHEDULE, contd. APPENDIX 12 558 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 APPENDIX 13 SUBDIVISION ASSESSMENT CRITERIA The planning authority will take into consideration the following criteria in assessing subdivision applications; (a) whether or not closer subdivision or settlement of the land shown on the scheme plan is in the public interest, or the land for any other reason whatsoever is suitable for subdivision or it is premature having regard to the provision of essential engineering and social services; (b) if adequate provision has been made for the drainage of any allotment or the disposal of sewage there from; (c) if the subdivision would interfere with or render more difficult or costly the carrying out of any public work or scheme of development which is proposed or contemplated by the Government of Jamaica or any local authority; (d) if the proposed subdivision conforms to recognized principles of town planning; (e) if there is adequate information given concerning the proposed co ordination with adjacent land and its development and services; (f) If the development conforms to the standards of amenity already established in the area which should not be less than that for the proposal; (g) If the proposal satisfies community needs by dedicating land of appropriate shape, slope and location at the minimum rate of 2½ areas per 100 lots per hectare for the purpose. APPENDIX 14 GENERAL DEVELOPMENT STANDARDS FOR TELECOMMUNICATION NETWORK 1. Standards Size of site for base station for free standing structure. (i) No base station shall be less than 400 square metres (1312.3 square ft.) for self-support towers. Setback for free standing structure (ii) The foremost part of each Mast or tower shall be a minimum distance of 6.1 metres (20 feet) from the physical barrier. FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 559 Exclusion Zone (iii) Exclusion zones shall be determined and defined by acceptable physical barriers and appropriate grating. Zones shall be a minimum of 20m by 20m (65.6ft by 65.6ft) in size and the physical barrier shall be a minimum of 3 metres (9.8ft) in height within the curtilage of the site. Height of tower (iv) The minimum height of self-support towers/masts shall not exceed 45.72 metres (150ft) within urban areas. (v) All masts/towers over 30 metres (98.4ft) must comply with the stipulation of the Jamaica Civil Aviation Authority and Spectrum Management Authority. For rooftop structures, the height of the building must constitute a part of the measurement. Signage (vi) Readily identifiable signage warning the public to “Keep Out”, who the operator/s of the site are, their emergency contact numbers shall be posted at a conspicuous position at the site. Parking and Access to site (vii) Sites must be adequately sized to accommodate the manoeuvring and parking of not less than two service vehicles. Access way shall be a minimum of 4.6m (15ft) with parking bays being 5.5 by 2.4m (18 feet by 7.8 feet). Emissions (viii) Emissions from any apparatus associated with a base station shall conform to Natural Resources Conservation Authority (Industrial Air Quality) Regulation 2004. 2. Information Accompanying Application A. Consultation Information (i) Result of stakeholder consultation conducted by operators shall be submitted along with the application as an accompanying statement. (ii) The nature of the consultation undertaken for example, community meetings, serving of notices in the press etc. (iii) The time, date and place where the consultation was held must be stated. (iv) List of consultees. FIFTH SCHEDULE, contd. APPENDIX 14, contd. 560 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 B. Site/Location (i) Coordinates to specify site location shall be provided at projection WGS 84 JAD2001. APPENDIX 15 GUIDELINES FOR HOTEL DEVELOPMENT Density The density for hotel development will be calculated on the basis of the number of guest rooms per hectare. A guest room is a hotel bedroom together with bathroom and all the ancillary accommodation normal in a resort hotel. Houses or resort apartments will be based upon the number of habitable rooms per hectare (see definition). Factors that will be considered in determining the density of a development are:— o The availability of utilities such as water, sewerage facilities, etc. o The availability of good transportation links such as roads. o The amount of beach frontage available. o Whether or not it is prime inland site. o The total area of the site. Densities for houses or resort apartments will range from a low of 37.5 habitable rooms per hectare to a high of 75hrh along the coastal areas depending on the level of infrastructure available, and a maximum of 75hrh inland. The ground cover will range from 15 per cent maximum and the plot ratio 20 per cent. The density of hotels will range from 18.5 guest rooms per hectare in environmental sensitive coastal areas to a maximum of 37.5 guest rooms per hectare in other coastal and inland areas, depending on the level of infrastructure available. The ground cover will be 15 per cent maximum and the plot ratio 15 per cent maximum for densities at 18.5 guest rooms per hectare and 20 per cent for both at 37.5 guest rooms per hectare. Where the proposal is part of another development such as a golf course the density will be calculated over the area that the buildings occupy rather than the total site area. Access Access points to hotels should be located so as to minimize turning movements across traffic where possible they should be located on service roads where the volume of traffic is less. FIFTH SCHEDULE, contd. APPENDIX 14, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 561 Height Accommodation located on the beach in urban areas will not be allowed to exceed three (3) storeys in height plus pitched roof if desired subject to a ridge height of 12m (40 ft). However, in areas where the hotel is to be located on parcels of land 4.0 hectares and over in area, higher buildings may be allowed but these should not exceed four (4) storeys in height. This will depend on the character and design of the building in relationship to the surrounding areas and other material consideration. Only low rise resort development, that is, buildings not exceeding two storeys in height above ground level will be encouraged along coastal areas outside of the built up areas. Setbacks Setback from the coast should be in conformity with the guidelines in figure 5 as the terrain and other conditions along the coast differ. Where the terrain is flat and the situation permits then the setback should be a minimum of 45.7m. No building should be located within 12 metres of a road boundary and side boundaries should be a minimum of 4.57m for buildings up to three floors. An additional 1.5m is to be added for each extra floor up to three floors. This could vary depending on the size and location of the site, the character of the surrounding area and the height of the building. Parking This should be on site and conform to the requirements set out in the parking standards in terms of requirements and design. Site Planning Considerations Development must satisfy the requirements for ground cover, plot ratio, building height and habitable rooms or guest rooms per hectare whichever is relevant. The standard for guest rooms per hectare is based on normal space standards for central and ancillary facilities in resort hotels. Where these fall below the normal, adjustments will be made by the planning authorities in the number of guest rooms. The local planning authority may exercise control over issues other than density such as the provision of parking and aesthetic concerns in the processing of applications. In urban areas hotels should have a minimum lot area of 0.4 hectare of land for fifty (50) rooms, however, outside of urban areas the requirement is expected to be higher. FIFTH SCHEDULE, contd. APPENDIX 15, contd. 562 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 APPENDIX 16 GUIDELINES FOR INCENTIVE DEVELOPMENT PROCESS The incentive development process is designed to facilitate creation of well planned residential and mixed use projects such as commercial and office facilities in any of the several Local planning areas. The objectives of the process are sound project planning, efficient and economical land utilisation (including assembly of under-utilised land), attractive urban design, affordable housing and participation by applicants in funding or constructing amenities that will improve the quality of the project and its environment. In improving developments under the process, the local planning authority will support the approval of incentives given by the Authority such as granting increases in permissible building height and densities and modification of other development standards and requirements to promote flexibility and high quality project design. In supporting specific incentives the Authority will consider whether the application— (a) Supports the general policies of the Order or any individual area plan that may be adopted; (b) Makes the project affordable to lower income households; (c) Enhances the project surrounding; (d) Provides present or future occupants of planned developments with a living or working environment and amenities superior to those that could be achieved by applying the normal standards and requirements of this Order. The Authority may approve an application for planned development with or without modification and may set conditions of performance for implementation. Prospective applicants will be urged to discuss their project concepts with professional staff of the local planning authority prior to formal application submission to the local planning authority. Incentive development may take place in any of the Local planning areas and the mass of such development must harmonize with the existing adjacent development. Such development will have a minimum lot size of one and one half (1½) hectares. If an applicant does not own all the property that is included in an application, the applicant must provide evidence to the local Authority that all owners of properties covered by the application are legally committed to development in accordance with the submitted plans. In residential zones, incentives may be granted for larger density. (a) From 75 habitable rooms per hectare to no more than 124 habitable rooms per hectare; (b) From 125 habitable rooms per hectare to no more than 249 habitable rooms per hectare; FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 563 (c) From 250 habitable rooms per hectare to no more than 374 habitable rooms per hectare. Incentive development project applicants may, in addition to density incentives, request waivers of height, setback, site coverage and green space requirements and projects combining two or more use classes shall be eligible for consideration. Developers are encouraged to use the incentive development approach to providing affordable housing for low and moderate income households and applications for affordable housing developments will generally be granted more flexibility in standards than will be permitted applications. An applicant for affordable housing developments shall, in addition to complying with normal submission requirements, submit certification from a certified Quantity Surveyor which states— (a) That the Quantity Surveyor has reviewed the submission as to the expected cost of the development and the proposed rent levels and sale prices and term; and (b) That the submission indicates that at least fifty percent of the dwelling units can be purchased or rented by households with incomes at or below the median income level for the Kingston Metropolitan Area (as estimated for the calendar year in which the application is submitted to the Quantity Surveyor). An application for a planned development approval shall, in addition to the documentation required for standard methods of development, be required to furnish the Authority with the following: (a) Maps and drawings at the appropriate scale showing— (i) Property boundaries; (ii) Existing topography and any alterations to be made; (iii) Soil conditions; (iv) Location of all access roads and all utilities on and adjoining the property (a narrative analysis of their capacity to absorb new growth will also be required); (b) Sketch plans and elevation drawings showing the location of all proposed uses, structures and roads along with the basic design concept of the proposed facilities including façade treatment and description of materials; (c) Landscaping plan; (d) An area impact analysis which is a drawing or statement describing the project neighbourhood and generally assessing the impact of the proposed project on the neighbourhood and will include such topics FIFTH SCHEDULE, contd. APPENDIX 16, contd. 564 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 as traffic generation, impact on the utility system and identification of any adverse land and environmental effects, along with necessary mitigating measures to be taken by the applicant or public agency; (e) An incentive statement which will list all incentives or waivers of standards requested from the Authority and the rationale for such requests; (f) An amenities statement which identifies amenities the applicant will provide to ensure the quality and affordability of the project at a higher level than under standard densities and methods of development and such amenities include— (i) On or off-site parks, recreation areas or other open space development; (ii) The off-site water or sewer disposal connections; (iii) The access roads or, where necessary, street widening; (iv) The dedication of land for public services and utilities; (v) The contribution to the maintenance of public services and utilities; (vi) The inclusion of dwelling units for sale or rental households at or below the median income level in the project mix; (g) A staging plan for the project or components of the project The authority may waive any of the requirements mentioned above. In its statement of project approval, the authority will include a list of all conditions that the local authority will insist be met by the applicant and these conditions may include modifications to the proposed design, an approved list of amenities along with the scale and method of payment of any financial contributions to be made to the Authority and a time scheduled for development. Where an applicant fails to start a proposed development within the period specified by the Authority the local planning authority may cancel such permission, whereupon the development shall revert to the land use category in which it was zoned as if there were no application for development. APPENDIX 17 GUIDELINES FOR THE GARAGE/AUTO MECHANIC FACILITIES Consideration will be given to applications for garages in respect of premises on Beechwood Avenue, Lismore Avenue, Hagley Park Road, South Camp Road, Hanover Street, Lyndhurst Road, Maxfield Avenue, Retirement Road, Waltham Park FIFTH SCHEDULE, contd. APPENDIX 16, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 565 Road, Old Hope Road and the eastern section of Oxford Road. Applications on plots zoned for other uses along main arteries may be considered on their merits where the operations will not, in the opinion of the Authority, conflict with residential amenities and traffic flows. Repairs to vehicles are not to be carried on outside of any building and the disabled or derelict vehicles are not to be left standing in yard space or on adjacent roads or sidewalks. Where such activities might be detrimental to neighbourhood character attractive visual barriers along lot lines are to be encouraged. Building heights and ground coverage will be determined by the Authority. Light Industries, that is, industries in which the process carried on is not detrimental to the amenity of an area by reason of noise, fumes, smell or traffic generation may be considered elsewhere than on land specifically zoned for the purpose. When such permission is given conditions shall be imposed in order to: (i) Restrict the type of machinery to be used; (ii) Restrict the hours of operation; (iii) Prohibit the sale of goods outside of the building; (iv) Protect the character of the area. Residences will be permitted in commercial, institutional and Government zones where appropriate means have been employed in the design to avoid conflicts between uses on site. APPENDIX 18 ADVERTISEMENT GUIDELINES The display of advertisements, whether illuminated or not, can have a considerable impact on visual amenities. This is evident along main roads especially in rural areas and on buildings and open spaces in urban areas. The local planning authority will therefore pay particular attention to the siting of advertisements to ensure that the character of the country side, individual buildings and streets are not adversely affected. Signs will be controlled in accordance with the Control of Advertisements Regulations 1978. Applications will be considered in respect of the amenity and public safety and the following guidelines which have been adapted from the Lambeth Draft Unitary Development Plan (1992) will apply: A General Considerations 1. Regard will be paid to the general characteristics of the locality existing advertisements in the locality will be disregarded in assessing its general characteristics. FIFTH SCHEDULE, contd. APPENDIX 17, contd. 566 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 2. Advertisements should respect the scale of the buildings or sites in which they are displayed, together with the surroundings. 3. Displays at high levels will normally be resisted, particularly where they affect long range visibility. 4. Advertisements will be considered in respect of public safety. 5. The painting of walls as advertising space will not be allowed rather, the use of free standing boards will be encouraged where possible. B Residential Areas 1. Advertising is generally out of place in any predominantly residential locality and will normally not be allowed. C Commercial Areas 1. All displays must be in scale with the particular building on which they are located and must not conceal any architectural features. 2. A display must not be unduly dominant and the most important criterion will be the overall visual effect upon the entirety of the building and its surroundings. 3. Advertisements must be properly organized and clutter will be resisted. D Declared Buildings and Structures 1. Special consideration will be given to advertisements on or adjoining buildings of architectural or historic interest. 2. Internally illuminated box signs will normally be resisted. E Conservation Areas 1. Advertisements will be expected to preserve or enhance the character of Conservation Areas. 2. Signs should normally be located at fascia level and should not damage original mouldings or brackets. Size, design and method of illumination will be carefully controlled. F Illumination 1. Illuminated advertisements will be considered in respect of amenity and public safety. (i) Public Safety FIFTH SCHEDULE, contd. APPENDIX 18, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 567 Regard will be given to possible danger to users and operators of road transport particularly where:— (a) The means of illumination is directly visible from the transport system; (b) The colour of the signs may cause confusion with traffic signals or other means of direction; (c) Brightness could result in glare, dazzle or distraction. (ii) Amenity (a) the illumination of advertisements at high levels with long range visibility, will not normally be permitted; (b) Flashing or intermittent signs will not normally be permitted. G Unauthorized Advertisements and removal of Displays The local planning authority will take action to secure the removal of unauthorized displays or advertisements which are being displayed with “deemed consent” where it is satisfied that this is necessary to remedy a substantial injury to the amenity of a locality or a danger to members of the public. H Hoardings and Poster Boards Advertisement hoardings either free-standing or attached to buildings are generally considered to be unacceptable as permanent features of the street scene, as they detract from the townscape. They will normally be resisted unless they can be advantageously used to screen unsightly building sites on a temporary basis pending development. I Blinds and Awnings 1. In conservation areas, permission will only be granted for retractable blinds which have no adverse impact on the street scene. 2. On listed buildings, blinds will only be permitted where they do not adversely affect the architectural or historic interest of the building. 3. Blinds above the first floor sill level will only be permitted in exceptional circumstances. 4. Where blinds are unsuitably designed, mounted or located, the local planning authority will take appropriate action to remove them. 5. Very bright fluorescent, glossy or metallic finish blinds will not be permitted on listed buildings and in conservation areas. Source:—Lambeth Environmental Services, 1992. Draft Unitary Development Plan, Courtney House, London. FIFTH SCHEDULE, contd. APPENDIX 18, contd. 568 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 APPENDIX 19 VISIBILITY SPLAYS Visibility splays are the angles of visibility which are designed at all major road intersections. They are intended to facilitate the unobstructed vision of motorists from one street on to the other, thereby minimizing the risks of accidents. Suggested visibility splays in relation to street type are listed below: ROAD VISIBILITY SPLAYS AND SIDEWALK RESERVATION Sidewalk Reservations (Shoulders) — Sidewalk reservations are required to support the paved surface of the road and to provide areas for safe emergency stopping of vehicles. They should never be used as permanent parking places for vehicles. — The construction of shoulders should be done as carefully as the construction of the main paved area of the road except that shoulders on access roads would not normally be paved. — Unpaved shoulders should be properly grassed and maintained if they are not, storm water may enter the road base and affect the stability of the road. APPENDIX 20 AGRICULTURAL LAND USE CLASSIFICATION SYSTEM For agricultural purposes land is classified into the following categories related to agricultural use. FIFTH SCHEDULE, contd. Road Type Total Width (m) Carriage Way (m) SIDEWALK RESERVATION Visibility Splay Angle (Degrees) Splay Distance (m) Total (one side Paved Planted (m) Service Road 9 6 1.5 - - 45 1.8 Estate Road 12 6 33 1.2 1.8 45 3.0 Main Estate 15 8.5 3.25 1.45 1.8 30 3.0 Road (spine or collector) Main arterial 21 14.6 3.25 1.45 1.8 30 21 road (adjacent Dual residential areas MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 569 Class I This is land which is level with deep fertile soil and no factors limiting its use for agriculture. Class II Land which is suitable for cultivation with moderate limitations such as slope, inter-fill soils or poor drainage. Class III Land suitable for cultivation with strong limitations by one or more of the following factors: • Steepness or slope • Infertile soils • Poor drainage Class IV Land that is of marginal use for cultivation due to one or more of the factors listed above Class V This is land that is not suitable for cultivation due to adverse soil factors. It is usually steep land that should be used for forestry or fruit trees. The classification system is of a general nature and in some instances may not be specific enough for detailed planning. Note should also be made of the fact that a classification could be improved by removing one or more limiting factor(s). Care should therefore be taken in the interpretation of agricultural land use and when in doubt, reference should be made to the Ministry of Agriculture. APPENDIX 21 MINIMUM SIZES FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOT The minimum lot areas for detached, duplex or semi-detached dwellings with ground level access shall subject to satisfactory arrangements for the disposal of sewage and general amenities be as follows: (a) Detached House (i) Regional Centres Minimum of 325.15m2 for internal lots FIFTH SCHEDULE, contd. APPENDIX 20, contd. 570 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Minimum of 418 m2 for corner lots. (ii) Sub Regional Centre —Minimum of 371.6 m2 for internal lots —Minimum of 464.5 m2 for corner lots (iii) Rural Towns —Minimum of 464.5m2 for internal lots —Minimum of 557.4m2 for corner lots (iv) Rural Areas (Lots outside the above) —A minimum of 1011.75 m2 (b) Semi-detached or duplex house (for each half) falling under (i) and (ii) above minimum of 278.7m2 for internal lots minimum of 371.6m2 for corner lots. (c) The minimum size of lots may be reduced for housing schemes where the layout indicates that this can be done and the required amenities and utility services are available to satisfactorily support the level of development proposed. (d) The minimum lot width for detach housing in all areas should be minimum of 12.19m and 10.7 m for each half of a semi detach house. (e) Generally the ratio of lot width to length should not exceed 2 to 5, that is, the width of the lot should not be less than 40% of the length. MINIMUM LOT SIZES FOR TOWN HOUSE AND APARTMENT DEVELOPMENT In most areas where this type of development is allowed the minimum lot size is 0.2 hectares (1/2 acre) depending on the physical character of the area. APPENDIX 22 GENERAL CONSIDERATIONS FOR THE SETBACK OF SELECTED BUILDINGS The following guidelines are suggested for the minimum setback of selected buildings from property boundaries or existing building unless otherwise indicated in the Order. (a) Residential Development (i) Single Family detached and duplex houses. — side yard where provided should not be less than 1.2m per floor for single and multi-storey buildings. FIFTH SCHEDULE, contd. APPENDIX 21, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 571 — Rear yards should not be less than 1/3 the height of the building or 3m whichever is greater. — Front yard should be a minimum of 6m. (ii) Multifamily Development (Apartments and Town Houses) under normal circumstances the setback for apartments is as follows: — side yards should be 1.5m per floor from property boundary up to 4.5m. — A minimum of 4.5m from the rear or 2/3 the height of the building, whichever is greater is recommended. (b) Apartments are guided by different densities depending on the area in which they are located. The densities control the heights of the buildings and eventually the setbacks. In all situations the setback from the roadway will be guided by the height and width of the road and should not be less than 21.0m from the road centre line. For the other guidelines please see appendix 10 and figure 1. (c) Commercial and office developments—In addition to the guidelines provided below for commercial and office development refer to GD policies and figure 1 in this Order. (i) Minimum setbacks from property boundaries for Commercial development: — Buildings located within business centres on lots identified for commercial use may be constructed with zero lot line subject to the provision of parking and other required standards to the satisfaction of the planning authority — Where commercial development adjoins lots identified for or currently used for residential purposes, the structure must be setback at least 3 metres from that boundary (ii) Minimum setbacks from property boundaries for Office development: — Buildings located within business centres on lots identified for office use may be constructed with zero front lot line subject to the approval FIFTH SCHEDULE, contd. APPENDIX 22, contd. 572 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 of the road authority, the provision of parking and other required standards to the satisfaction of the planning authority — Where compatible office development is contemplated for infill development in residential areas: • Rear—minimum of 6 metres • Side yards—at least 3 metres or a minimum of 15% of the width of the lot (d) Institutional—Setbacks for the schools and churches should be: — 1.5m from the side property boundary per floor — 3m from the rear property boundary — 6m from the front property boundary — all measurements should be taken from the face of the building to the property boundary unless otherwise specified. — the height of the buildings should not exceed two (2) floors from ground level for single family detached and duplex building. Basement may be located below ground level depending on the contour of the land. — the setbacks from any lot line may be increased by the planning authority in order to protect the privacy and visual amenities. — Site coverage should not exceed fifty percent (50%). Refer to appendix 10 and figure 1 for guidelines for other uses. APPENDIX 23 HILL SIDE DEVELOPMENT GUIDELINES RESIDENTIAL DENSITIES AND LOT SIZES (1) In calculating densities only areas that are developable will be included. Scarp slopes, steep sided gullies, unstable hillsides, cliff faces, steep slopes exceeding 30 degrees will not be considered. (2) In general, the developable area on a hill side site shall be contiguous (boundaries are in contact and not scattered throughout the site). If the site is to be used for multi-family the size of the lot should be a minimum of 0.8 hectares (2 acres). FIFTH SCHEDULE, contd. APPENDIX 22, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 573 (3) Areas that are within the developable zone, but falls outside the contiguous developable area shall be included as part of the total developable area only if that portion of the site is accessible and of a minimum size of 0.2 hectares (0.5 acre) for single family development and 0.8 hectares (2 acres) for multi-family development. (4) Where the hillside is to be used for development and straddles all slope gradient categories, the average slope shall be used to determine residential zoning density. (5) In order to determine zoning density, the slope category within the developable portion of the land will be used as the guideline for residential densities. Tables 8.1 through to 8.3, of the hillside development manual for Jamaica prepared and published by the Mines and Geology Division provides recommended guidelines in this regard and should be consulted. (6) Slopes in excess of 30 degrees or unstable or active slopes on which development is proposed shall not be considered or used for residential purposes. (7) Ecological formations which are normally problematic for construction e.g. shales, colluvial soils and some non-limestone rock slopes shall be included from class 3 slopes (steeply sloping). These may be reviewed on a case by case basis. (8) Subdivision roads with circular/rectangular cul-de-sacs shall have minimum lot frontages of 8 metres for class 1, slope, 10 metres for class 2 slope and 14 metres for class 3 slopes provided that the back boundary is at least 3.5 times the length of the frontage (see fig 8.2 in the Hillside Development Manual for Jamaica). Slope Steepness 1) Development will be permitted on slopes up to 30 degrees (58% slope) and may be allowed in areas above under extraordinary circumstances subject to special conditions e.g. non-residential type development such as cellular towers. 2) Areas with the potential for landslides, erosion and debris flood with slope gradient in excess of 26 degrees(50% or 1:2 slope)should have extraordinary provisions that would allow developments to proceed with minimal disturbance. 3) Where vehicular access to a hillside property becomes problematic due to steep slope or deep, vertical cuts (75m) from main access road, developments may not be permitted if access cannot be provided or it is clearly demonstrated that this can occur without great difficulty. Development on Colluvium Slopes 1. Colluvial slopes should be avoided for large scale development as they are highly unstable and prone to landslide and erosion and approval will only be given where it is proven that such development can proceed without having any negative impacts. FIFTH SCHEDULE, contd. APPENDIX 23, contd. 574 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 2. Deep foundation should be used for building structures on colluvial soils, unless it can otherwise be demonstrated that an alternative suitable foundation design is acceptable to the authority. 3. Excavated soils on these slopes should not be used as fill for load bearing purposes, but be used only for landscaping or other non-load bearing purposes. Development in Limestone Karst 1. Where sink holes and depressions are being used for storm water discharge they should be prevented from blockage using trash rack or other devices where possible. 2. During site preparation for development sinkholes, depression or cavities should not be covered or buried but left open. A professional assessment should be made of these cavities. 3. No development shall take place above, or in close proximity to caves or caverns unless the safety of the development can be ensured. 4. Where possible runoff from roofs and impervious areas on site should be captured and dispersed to adjacent designated areas (vegetation buffers, sinkholes, depression, soak away etc. where it will not negatively affect other activities. 5. Detention areas such as catch basins, soak away pits or other flood control devices to reduce peak flow, shall be constructed on hillside areas to reduce storm water run-off which, where possible, can be conveyed to landscaped on-site or off site areas. Visual Impact (1) Developments should not be designed to dominate the hillside but to blend with the natural features and achieve harmony between natural and built environment, such as vegetation, wildlife habitat etc. (2) Natural features should be conserved and buildings sited so as to allow screening to minimize intrusiveness of the development. (3) Buildings should be designed to conform to the natural topography and characters of the site in order to reduce bulk and mass. (4) Architectural styles that are viewed as massive and bulky should be avoided and the stepping of foundations and roofs with the natural slope will be encouraged. Note: The above information is extracted from the Hillside Development Manual for Jamaica prepared by the Mines and Geology Division, Hope Gardens, Kingston 6 and which should be consulted for more detailed information and guidelines relating to hillside development. The Mines and Geology Division should also be consulted in the preparation of any development application relative to this activity. FIFTH SCHEDULE, contd. APPENDIX 23, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 575 APPENDIX 24 COMMUNITY PLANNING As a standard of the requirement for community facilities in neighborhoods of different sizes the following facilities shall be provided: Development of 200 to 600 dwelling units o Shops e.g. grocery, pharmacy etc. o A primary school including basic school (unless existing in immediate vicinity) o Communal areas (including parking, sidewalks, commercial space, park and play areas) Development of 601 to 1000 dwelling units o A primary school, basic school/day care centre o Commercial areas of 10 square metres per family including covered and open areas, parking, petrol station etc. o Communal areas including parking spaces, access roads, sidewalks, park and play area Development of 1001 to 3000 dwelling units o Adequate educational facilities for the anticipated school age population o Space for commercial, cultural and social activities at the rate of approximately 10 square metres per family o A small administrative centre e.g. government office o Communal areas including parks, playgrounds, parking spaces, sidewalk etc. o A church o A sport field APPENDIX 25 GUIDELINES AND STANDARDS FOR THE ESTABLISHMENT OF LIQUID NATURAL GAS (LNG) REGASIFICATION TERMINAL FACILITIES Regasification of Liquid Natural Gas (LNG) is a system that allows the reconversion of the fuel into gaseous phase, thereby enabling its supply to various consumption points such as houses, towns, factories, large industrial areas and other end users. The LNG is received at the Regasification Terminal where the process takes place and where it is common for these facilities to have storage tanks. FIFTH SCHEDULE, contd. 576 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 The introduction of industrial scale natural gas for fuelling power plants in Jamaica will therefore require the construction of Natural Gas/ Liquified Natural Gas specific handling; storage and distribution infrastructure in the island. An LNG satellite plant is one of the most common components used to facilitate the use of Natural Gas by new consumers. The development must guarantee the stability, safety and permanence in the supply of natural gas. In addition, the development of the natural gas sector must be designed and operated to comply with Jamaica’s environmental policies, legislations, regulations and standards. It will be necessary to develop a regulatory framework in order to meet the minimum environmental health, safety and quality standards to receive, store and supply fuel. 1. Guidelines (i) The natural gas flows from the plant to the consumers in the gaseous phase by pipelines. The routing of such pipeline must be clearly identified by the installation of signs on the ground. Concrete or metallic posts with an identification plate must be installed in compliance with the following requirements: — Each post must be distinctively visible from their immediate neighbour — The maximum distance between each post must be 200 meters (ii) The depth of the trench where the gas pipeline is to be buried must be more than 0.8metres from the top of the soil to the upper side of the pipe. When the pipeline crosses any other underground infrastructure, the depth must be increased to at least 1.4 meters. In case of rocky terrain these figures could be reduced in 10cm to decrease the cost of excavation. (iii) The pipe must be laid on a sand bed and covered also with sand to avoid damages in the burial process. The rest of the trench may be back filled with the excavated material if this is soft and without sharp edges instead of sand. (iv) The routing must maintain regulated distances from other infrastructure and services, which exists in the area. These include for example electrical cables, fiber optic cables, telephone lines, water conduits and drainage networks. The minimum distance from the routing must be 0.4 metres except for electrical cables which must be maintained at a distance of 1 meter. If it is not possible to maintain this distance, mechanical protection elements must be installed between them. (v) When the gas pipeline is in proximity to an overhead power line with metallic towers, the distance to the towers must be at least 5 meters. FIFTH SCHEDULE, contd. APPENDIX 25, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 577 In addition, a detailed dedicated report assessing the influence between both installations must be prepared. The Site (i) The LNG Company must own the property or have an agreement in place for using the plot of land for this purpose for the minimum period of 20 years. (ii) The land on which the LNG satellite plant or Regasification Terminal is to be constructed must be flat, with a minimum gradient to avoid the formation of puddles from rain. The design of slopes and trenches is to be carried out to take this into account. (iii) A control center, warehouse and other auxiliary buildings are necessary in the construction and operation of a Storage and Regasification Terminal and the erection of these must conform to the Planning and Building Laws of Jamaica. (iv) Provisions must be made for the effective management of waste generated during the operations and maintenance of the facility. It will be necessary for the segregation of different types of waste such as waste oils and oily rags used during maintenance. (v) Aesthetic impacts must be assessed with considerations given to the efficient use of land and the aesthetic impact on the surroundings being taken into account. (vi) All LNG storage tanks must be equipped with some form of secondary containment with the height and thickness necessary to ensure that all leaks or spills are effectively contained. This may take the form of impoundment or bounded areas which must be separated from the tank by at least 1.5 meters to permit access of a person. The impounding area of every tank must be constructed with a volume that is equal to that of the tank. The distance between two walls must be at least 4 meters to allow vehicular traffic. (vii) The plant must be located in an isolated area . Safe distances from other facilities and setback limits must be taken into account in the design of the facility to avoid transmitting accidental fires to other equipment. It will also be necessary to maintain distances between equipment and property lines to respect the requirements of restricted covenants imposed on the land and adjacent to the lands. 2. Standards These are intended to ensure that the plant is functionally and aesthetically compatible with adjacent users. FIFTH SCHEDULE, contd. APPENDIX 25, contd. 578 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Access (i) Site access must be exclusive for the installation from the nearest road and must be designed for tanker trucks with a length in excess of 15 meters. (ii) Site access must permit the movement and circulation of two trucks simultaneously and space must be available for manoeuvring and positioning the trucks to connect to the tanks. (iii) A metal fence or building walls must be installed around the plant to restrict the access of non-authorized persons. Access should only be through a secured gate entrance with permission being required from a control centre to open the gate and all entrances and exits being recorded. Parking (i) A parking area for other vehicles must be constructed in an area that does not disturb the operations of the cistern trucks, and, be made available for staff and visitors and be in accordance with the standards set out in this Order. (ii) The parking area must not disturb pedestrian and vehicular traffic entering and exiting the plant. Setbacks (i) The minimum safety distances from tanks to property lines will be 0.7 times the container diameter, but not less than 30 meters. (ii) No overhead or underground facility or public service infrastructure must cross the LNG Plant. Installation (i) The lighting system must be adequate to ensure safety when operations are being done in the plant. This should be maintained at a minimum of 20 lux, in general and 200 lux in the discharge area. (ii) A water supply for fire protection system must be provided, except where there is a justification for it being unnecessary or impossible to be installed. Such justification will have to be approved by the Local Authority. (iii) For LNG storage capacity greater than 450 m3, a water system may be installed to water the high part of the tanks to avoid fire. If the plant does not have access to a regular water supply it must be equipped with a water reservoir that can deliver 2 hours of water supply at a sufficient rate of 3 litre/min/m2 in case of fire. FIFTH SCHEDULE, contd. APPENDIX 25, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 579 (iv) An odourisation system must be installed to odorize the natural gas before it leaves the plant. (v) The plant must be equipped with extinguishers in the tank zone and in the vaporizer zone and this should be done in association with the Fire Department. Landscaping (i) Landscape proposals prepared by a Landscape Architect showing a scheme of hard and soft landscaping should be submitted along with the application for the prosed development. (ii) The design must include a landscaped open area, 3 meters wide along the property boundary, (iii) Landscaping including trees or shrub planting and suitable screening surrounding the plant may be required to integrate the facility into the local environment. Drainage (i) Rain Water in the impoundment areas must be extracted by pumps or holes in the wall which must be closed immediately after the water is removed. (ii) Hazardous waste must be confined and managed in compliance with the facility’s approved Risk Prevention Plan and the storage areas must not be directly or indirectly connected to the public drainage systems. (iii) Waste water from the washing of equipment and sewage disposal, must meet NEPA’s and the health authorities guidelines and standards for sewage and effluent discharge. 3. Site Planning Consideratons (i) The site plan must make provision for horizontal and vertical tank installations. The applicant must access and justify the impact on the landscaping for the chosen tank configuration (ii) The most suitable and efficient design must be selected in connecting the gas pipeline to the plant at the consumption point. (iii) Proposals for the installation of STORAGE and REGASIFICATION TERMINAL must include an Environmental Impact Assessment done in accordance with the requirements of the Natural Resources Conservation Authority. This should include assessment of the site for the potential for negative impact on water, soil and air for potential impacts on flora and fauna, the human society within the FIFTH SCHEDULE, contd. APPENDIX 25, contd. 580 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 sphere of influence and any other potential impacts on the environment. The assessment must also include recommended mitigation techniques for the cited impacts. Preventative and protective measurements must be incorporated into the assessment along with a proposal for future assessments. 4. Safety Considerations (i) The main hazard is due to the flammable nature of the LNG and the NG which both burn when exposed directly to an ignition process. Fire protection systems must be designed to protect all the processes and areas at the facilities. (ii) If there is a leak without the incidence of ignition then the natural gas will be diluted by the air. Therefore a safety area around the facility that allows for sufficient dilution of the natural gas must be established to minimize any effects a leak may have on other surrounding infrastructure. APPENDIX 26 DENSITY, HEIGHT AND LOT COVERAGE FOR MAJOR LAND USES Maximum Maximum Permissible Green Spaces Height (No. Required Major Use Maximum Maximum Plot of storeys within Net which is Permissible coverage (% above Plot specified Floor Area Ratio of net area) frontage Area (%) –––– ––––––– ––––– –––– ––––– RESIDENTIAL (Maximum Habitable Rooms per Hectare) Single Family To be Residential 0.50 50 determined 45 by Planning Authority 3-75 habitable rooms per ha. 0.50 25 2 33 1/3 76-125 habitable rooms per ha. 0.50 33 1/3 4 33 1/3 126-250 habitable rooms per ha. 0.75 33 1/3 6 33 1/3 FIFTH SCHEDULE, contd. APPENDIX 25, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 581 Maximum Maximum Permissible Green Spaces Height (No. Required Major Use Maximum Maximum Plot of storeys within Net which is Permissible coverage (% above Plot specified Floor Area Ratio of net area) frontage Area (%) –––– ––––––– ––––– –––– ––––– 251-375 habitable rooms per ha. 1.00 33 1/3 10 33 1/3 COMMERCIAL General 1.00 50 2 20 Commercial in indicated indicated in Business in the the policy Centres policy Guidelines for the for the area area OFFICE Office in 2.00 50 10 20 Business indicated indicated in Centres in the the policy policy Guidelines Guidelines for the area for the area Office in 0.50 or as 33 1/3 2 33 1/3 Other Areas indicated in the policy Guidelines for the area Industrial 0.50 33 1/3 2 33 1/3 Institutional 0.66 33 1/3 3 50 NOTE 1. Floor area ratio and height of a building will be used to control the quantity of floor space proposed by a development. This is necessary to avoid the over development of a site. FIFTH SCHEDULE, contd. APPENDIX 26, contd. 582 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 2. It is not necessary that all the developments should meet the proposed floor area ratio indicated as this is a maximum and not a minimum. 3. Where a residential and a non-residential use occupy different sections of a site, the floor area ratio and residential density will be calculated in relation to the portion of the site occupied by each. 4. Where both uses are combined in the same building the residential density will be calculated after subtraction of the area needed to accommodate the non-residential development at the normal maximum plot ratio or vice versa. 5. The maximum plot coverage for commercial and office buildings located within the Downtown area may be varied by the Planning Authority. FIFTH SCHEDULE, contd. APPENDIX 26, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 583 FIFTH SCHEDULE, contd. LIST OF FIGURES FIGURE 1 Parking for Disabled 584 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIGURE 2 Parking Layout FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 585 FIGURE 3 Parking Standards 90 degrees—Angled parking design Showing Landscaping FIFTH SCHEDULE, contd. 586 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. Parking Standards 60 degrees – Angled parking design (double bay) Showing Landscaping MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 587 Parking Standards 45 degrees – Angled parking design (double bay) Showing Landscaping FIFTH SCHEDULE, contd. 588 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 Parking Standards 30 degrees—Angled parking design (double bay) Showing FIFTH SCHEDULE, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 589 FIGURE 4 Setbacks From High Watermark FIFTH SCHEDULE, contd. 590 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. FIGURE 5 Order Area Sewage Expansion Plan MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 591 FIGURE 6 Order Area Density Map FIFTH SCHEDULE, contd. 592 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 FIFTH SCHEDULE, contd. FIGURE 7 Landslide Susceptibility Map MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 593 List of Abbreviations B Barbican Local Planning Area C Conservation of the Natural and Built Environment CA Control of Advertisements CD Coastal Development Policies CL Cargill Lands Local Planning Area CSG Constant Spring Gardens Local Planning Area CR Cross Roads Local Planning Area DTK Down Town Kingston Local Planning Area E Energy Generation and Conservation EPG Eastwood Park Gardens Local Planning Area GD General Development Policies H Housing HWT Half-Way Tree Local Planning Area JUTC Jamaica Urban Transit Company Limited L Liguanea LAP Local Area Plan LPA Local Planning Area M Minerals MP Manor Park NK New Kingston and Environs Local Planning Area NMV Northern Mountain View OBJ Objectives PFS Petrol Filling Station PG Patrick Gardens Local Planning Area PIOJ Planning Institute of Jamaica PR Port Royal Local Planning Area PUD Papine University District Local Planning Area RAP Rural Area Policies FIFTH SCHEDULE, contd. 594 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 RE Rural Economy RH Red Hills RP Richmond Park Local Planning Area SA Social Amenities SH Stony Hill Local Planning Area SL Seymour Lands Local Planning Area SMV Southern Mountain View SP Sectoral Policies STATIN Statistical Institute of Jamaica TELE Telecommunication TO Tourism T Transportation and Traffic UC Undeveloped Coast UE Urban Economy WS Water Supply WT Waste Treatment and Disposal FIFTH SCHEDULE, contd. List of Abbreviations, contd. MAY 8, 2017] PROCLAMATIONS, RULES AND REGULATIONS 595 Acknowledgements The Town and Country Planning Authority would like to thank the many persons, Organizations, Institutions, Departments and Ministries for their input to this Development Order. Although it is not possible to recognize all contributions special mention is made of the following:— (1) Kingston and St. Andrew Municipal Corporation (2) Housing Agency of Jamaica (3) Jamaica National Heritage Trust, 79 Duke St. Kingston (4) Ministry of Agriculture and Lands; The National Minerals Policy (2nd Draft for discussion Purposes August 2006) (5) Ministry of Tourism and Sports; Master Plan for Sustainable Tourism Development (6) Ministry of Labour and Social Security, Statistical Bulletin 2002 (7) National Environment And Planning Agency, Development and Investment Manual, Volume 1 Section 1—Planning and Development—Chapter 2. (8) National Environment and Planning Agency (9) The Water Resources Authority (10) The National Land Agency; Topographic Base Maps and Land Parcels (11) National Solid Waste Management Authority, 61 Half Way Tree Road, Kingston 10. (12) The Planning Institute of Jamaica, Economic and Social Survey of Jamaica and various other publications. (13) The National Works Agency (14) The Statistical Institute of Jamaica (STATIN), Statistical Data (including Enumeration Districts) (15) The Town and Country Planning Authority; Town and Country Planning (Kingston) Development Order, 1966 and the Town and Country Planning Petrol Filling Station—Kingston Development Order, 1964 (16) The Mines and Geology Department (17) The Community Based Organization and other Stakeholders in the parish of Kingston and St. Andrew. FIFTH SCHEDULE, contd. 596 PROCLAMATIONS, RULES AND REGULATIONS [MAY 8, 2017 List of Maps Kingston and St. Andrew Development Order Area Map Local Planning Areas Map 1 Kingston and St. Andrew Development Order Area Map Zoning Proposals Map 2 Barbican Local Planning Area Inset No. 1 Cargill Lands (Monaltrie) Local Planning Area Inset No. 2 Constant Spring Gardens Local Planning Area Inset No. 3 Cross Roads Local Planning Area Inset No. 4 Eastwood Park Gardens Local Planning Area Inset No. 5 Half-Way Tree Local Planning Area Inset No. 6 Liguanea Local Planning Area Inset No. 7 Manor Park Local Planning Area Inset No. 8 New Kingston and Environs Local Planning Area Inset No. 9 Mountain View Local Planning Area Inset No. 10 Papine University District Local Planning Area Inset No. 11 Patrick Gardens Local Planning Area Inset No. 12 Port Royal Local Planning Area Inset No. 13 Red Hills Local Planning Area Inset No. 14 Richmond Park Local Planning Area Inset No. 15 Seymour Lands Local Planning Area Inset No. 16 Stony Hill Local Planning Area Inset No. 17 Southern Mountain View Local Planning Area Inset No. 18 Downtown Local Planning Area Inset No. 19 Dated at 10 Caledonia Avenue, Kingston 5, this 8th day of May, 2017. DANVILLE WALKER, OJ, JP Chairman Town and Country Planning Authority. FIFTH SCHEDULE, contd. PRINTED BY JAMAICA PRINTING SERVICES (1992) LTD., (GOVERNMENT PRINTERS), DUKE STREET, KINGSTON, JAMAICA