Town and Country Planning Ordinance, 1975 (No. 27 of 1975)

No. 27 of 1975 TM Town and Count,.,,, Planning Ordinance, 1976. N. D. MATTHEWS, Governor. 22nd October, 1975. MONTSERRAT NO. 21 OF 191~ AN ORDINANCE TO MAl:E PROVISION FOR THE ORDERLY AND PR.0 GRESSIVE DEVELOPMENT OF ALL LANO IN MoNTSERRAT, TO PRESERVE AND IMPROVE THE AMENITIES THEREOF, FOR THE GRA.'ITING OF PERMISSIOS TO DEVELO!' 'ANO ANO ro SUll·DIVTO£ LAND AHO FOR orBER MATTERS CONNECTED TIIEREWITH. =By Proclamation] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice e.nd consent or the Legis lative Council or Montserrat and by the authority or the same as Collows: MONTSERRAT Comm•nce,nent. 1. ';1.'his Ordinance may be cited as the Town and Short Title. Country Planning Ordinance, 1975, and shall come into and commence• operation on a date to be appointed by the Governor by ment. Proclamation published in the Gazette. 2.(1) In this Ordinance, unless the context otherwise Interpretation. requires: "advertisement" means any word, letter, model, sign, placard, board, notice, device or rei:re sentation, whether illuminated or not, in the nature of, and employed wholly or partly for the purpose or, advertisement, announcement or direction and (without prejudice to the preced ing provisions of this definition) includes any hoarding or similar structure used, or adapted for use, for the display or advertisements, and references to the display of advertisements shall be construed accordingly; "application" means an application to the Authority for permission to carry out development or for any approval required by this Ordinance or any subsidiary legislation made hereunder; "agriculture" includes horticulture, fruit growing, MONTSERRAT 2 The Towr1 and Countl'JI PZMning O,dinano•, 1976, No. 27 ot 1975 seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agri cultural purposes, and "agricultural" shall be construed accordingly; "agricultural land" does not include the garden of a house or building or land within the curti lage of a house or building (other than a market garden); "Authority" means the Authority e!:ltnblished under the provisions of. section 3; "building" includes any erection, structure or any part of an erection or building erected on or made on, in, over, or under lands and where the context so permits, includes the land on, in, over, or under which the building is situated but does not include plant or machinery comprised in an erection or building; "building operations" includes rebuilding operations, structural alterations of or additions to buildings, and any other operations normally undertaken by a person carrying on business as a builder; "development", subject to the provisions of section 6(2), means the carrying out of building, engin eering, mining, or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land, or the segregation, division, or subdivision of any building or land whether or not any building, en gineering or other operations have been carried out or are intended to be carried out for the forma tion of plots, and "develop" shall be construed accordingly; "engineering operations" includes t.!:e formation or laying out of means of access to roads; "erection" in relation to buildings as defined in this sub~ection, includes extension, alteration and re-erection; No. 27 of 19 75 The Town and Countrv. Planning Ordincmc,, 19 76. "Governor" means the Governor-in-Connci l; 3 MONTSERRAT "Land" includes land covered with water and also includes incorporeal as well as corporeal here ditaments of every tenure.or ::!E:::H.:ription, and any interest or right over i~nd, and also an undivi ded share in land; "means of access" includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a road; "minerals" includes all minerals or substances in c::- u:::cter iand of a kind ordinarily worked for removal by underground or surface working; "owner" in relation to any building or land means a person, other than a mortgage not in posses sion, who, whether in his own rights or as trus tee or agent for any 0ther pPrs;ori, i~ eniitleu to receive ttre rack rent or profits of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let; "the Planning Officer" means the architect, civil engineer, chartered land surveyor or other person who satisfies the Governcx- as to his qualifica tions or experience in town an::! country planning, and is appointed by the Governor to carry out the function of Town and Country Planner for Montserrat; "planning permission" means permsision granted by the Authority pursuant to section 8; "road" means any public or private road in Mont serrat including any street, alley, lane, bridge, wharr and embarkment; "sub-divide" means to divide or sub-divide a lot or parcel or land or building into two or more parts for sale, transfer, lease, letting, use, trust or for any other transaction as well as for the develop ment or a new building; (2) Without prejudice to any law ,. .... l:>t.ing to the control of advertisements and subject to any permission to display an advertisement granted by a General Develop ment Order, the use for the display of advertisements MONTSERRAT , Th, Town and Cou~l'JI Planning Ordinono,, 1Q 16. No. 27 of l 97 5 D•••l•p-nt Control Authority (a) of any external part of a building, which, in the six months previous to the present use, has not been used ror the display or advertisements; or (b) any part or any land which, in the six months previous to the present use , has not been used for the display of advertisements, shall h'3 treated for the purpose of this Ordina~ as involving a material change in the use or that part of the building or of the land. 3.(1) There is hereby established a Development con trol Authority '(hereiiratter referred to -as tho "the Authori ty") which shall consist or the following members (a) A Chairman to be appointed by the Governor; (b) The Director or Public Wo:-ks; (c) The Chief Public Health Inspector; (d) The Director of Agriculture; (e) The Planning Officer; (() The Comptroller of Inland Revenue; (g) One member being a person not in the Public Service and appointed by the Governcr; and (h) Such other person as the Governor may appoint. (2) The Planning Officer shall be the Executive Secretary of the Authority. (3) The members appointed by the Governor un der subsection (1) shall be appointed for such period not exceeding two years as the Governor shall in the appoints ment determine and upon expiration of an appointment such appointed members shall be eligible for re-appointment. (4) The Governor may at any time revoke the appoint ment of any person he has appointed as a member of the Authority if he thinks it expedient to do so. (5) The appointment or any member of the Authority and the termination of omce of any person as such mem ber whether by death, resignation , removal, effluxion of time or otherwise shall be notified in the Gazette. (6) Subject to subsection (7) the Authority shall No. 27 of 1 97 5 Th, To,,n and Countrv Planning Ordinanc,, 1915. meet at such times as may be expedient for the transaction of business, and meetings shall be held at such places and times and such days as the Authority may determine. (7) The Chairman shall at any time call a special meetjDg-oC-The Authority to be held within seven days of a written requisition for the purpose addressed to hirh by any two members of the Authority or by the Governor. (8) Four members of the Authority shall form a quorum: Provided that where any member of the Authority is disqualified under subsection (11) hereof from taking part in any deliberation or decision of the Authority with respect to any matter he shall be disregarded for the pur pose of constituting the quorum for deliberation on or de ciding that matter. (9) The members of the Authority may appoint one of their number ·to act as Chairman during the temporary absence of the Chairman of the Authority owing to illness, inability to attend, absence from the Colony or any other reasonable cause. (10) In the case of an equality of votes on any question at a meeting the Chairman of the meeting shall have a casting as well as a deliberative vote in respect of that question. (11) A member of the Authority shall not vote upon, or take part. in the discussion of any matter befcre the Au thority in which ha has, directly or indirectly, by himself or by his wife or in partnership or as a member of or as a direc~or or a company or likH body, any pecuniary interest. (12) Subject to the foregoing subsections, the Authority shall have power to regulate its own proceedings. (13) The validity of any proceedings of the Authority shall not be affected by any vacancy in its membership or by any defect in the appointment of any members. (14) A copy of the minutes of every meeting of the Authority shall be submitted to the Governor as soon as possible aft'3~ ,Jv=:>1~ :::··~h M')o:'ti?i;: 5 MONTSERRA'I 4. No personal liability shall attach to any member of lnde111ntt, cl the Authority in respect of anything done or suffered in .., • ..,1,.,, 0nd MONTSERRAT 6 The Town and Co,sntr11 Planning Ordinance, 1915, No. 27 of 1975 the Secretary al the Au· thorlty. D•v• I opment Plans. good faith under the provisions of this Ordinance and any sums of money, damages or costs which may be recovered against them or any of them for anything done or suffered as aforesaid shall be paid out of the revef!ues of the Colony. 5.(1) It shall be the duty or the Authority to institute a survey or the Colony, examining the matters which m11.y be-~xpectruLto affect the development or Montserrat or the planning or its 3evelopment and in any event to keep all such matters under review. (2) Notwithstanding that the Authority has car ried out its duty under subsection (1) above, tha Au thority may, if it thin~s fit, and shall, ir directed so by the Governor, institute a fresh survey of the Colony examining the matters mentioned in that subsection. (3) The· Authority shall be responsible for the pre paration so soon as iracticable after the setting up of the Authority of a report on their survey under subsec ~ion (1) and a Preliminary Territorial Plan for the Colony as specified in subsection· (4)• (4)(a) The Preliminary Territoriaf"Plan shall com prise a written statement, accompanied as necessary by diagrams, illustrations and descriptive matter, setting out the proposed development or the Colony and also formulating the Authority's proposals in respect of the development and other use of land in the Colony (inclu ding measures for the improvement of physical environ ment and the management or traffic). (b) Such proposals shall have regard to the current policies with respect to the economic planning and development of the Colony, the resources likely to be available for the carrying out or the proposals, and to such other matters as the Governor may direct them to take into account. (5) The Preliminary Territorial Plan shall be sub mitted to the Governor for approval and on such sub mission notification thereof shall be effected in the Ga zette next published and in a newspaper circulating in the Colony for two successive issues following such submission. (6) The Preliminary Territorial Plan wlien sub mitted together with all documents relating to it shall No. 27 of 1975 Th6 Town and Countr11 Planning Ordinanctt, 1976 7 be available for inspection by the public during nor!Ml of!icc hours at t.he oCfices cl t.he Authority. (7) Notwithstanding the provisions or subsection (5), the Governor may direct that the Authority make al terations or additions to the Preliminary Territorial Plan er direct that the Preliminary Territorial Plan as a whole he re-drafted for re-submission to the Governor. (8) Arter a reasonable time has elapsed following the publication or the notices in subsection (5) hereof the Governor shall consider the PrAliminary Territorial Plan and any observations made thereon by members of :.ha public and if he thinks Cit be shall approve the Prelimin ary Territ<rial Plan with or without modifications. (9) When the Governor shall have approved the Preliminary Territorial Plan it shall be called "the Ap proved Preliminary Territorial Plan" and shall be used by the Authority as a policy guide in its deliberations. (10) The Approved Preliminary Territorial Plan together with all documents relating to it shall be avail able for inspection by the public during normal orrice hours at the orfice or the Authority. (11) So soon as is practicable after the approval or the Approved Preliminary Territorial Plan the Authority shall be responsible foe the preparation of one or more detailed Development Plans, (hereinafter called "Develop ment Plan or Plans") covering any part or parts of the Co lony which they think appropriate. (12) The Development Plans shall contain the in famation specified in subsection (4) but in more detail than was covered in the Approved Preliminary Territorial Plan. (13) Such Development Plan or Plans shall be submiUed for approval in accordance with subsection (5) as i r they were Preliminary Territorial Plans where upon the provisions or subsections (6) to (10) inclusive shall apply as if references to the Approved Preliminary Territorial Plan included references to the Development Plan or Plans. (14) From time to time, when the Authority con siders it appropriate or when the Governor so directs, the Authcrfty shall review the Approved Preliminary Terri torial Plan, and the Development Plan or Plans and shall 8 Th• Town and Countrv Planning Ol'dinono•, 1976. No. 27 of 1915 prepare amendments thereto or fresh plans in accordance with subsections (4) and (9) and submit the same for ap proval in accordance with subsection (5) whereupon the irovisions of subsections (6) to (10) inclusive shall apply as if the amendments or fresh plans were the original plans. 6.(1) Subject to subsection (2) and notwithstanding the irovisions of any other law to the contrary, no person shall (a) develop any land or building except under and in accordance with the terms of a planning permission; or (b) without the permission or approval of the Au thority display any advertisement on any ex ternal part of a building or on a hoarding on any land. (2) Subsection (1) shall not apply to: (a) land being used or developed solely for agri cultural purposes or for forestry (including af forestation) and the use for any of those pur poses of any building occupied together with land so used; (b) the carrying out of work for the maintenance, improvement, or other alteration of any build ing being works which affect only the interior. of the building or which does not materially affect the external ap~arance of the building; (c) the use of any buildings or other land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such; (d) any works mentioned in the Schedule hereto; and (e) where planning permission is granti:!d by a General Development Order made b the Au thority under section 14(1)(i), in r, pect of development or the display of advertisements subject to any conditions mentioned in the Order which Order ms..- :-9late to the whole or any part of the Col~ny. (3) An application to the Authority for permis No. 27 of 1975 The Town and Country Planning Ordinance, 1976 9 MONTSERRAT sion to develop land or to display an advertisement shall be in such form as may be prescribed by regulations and shall be accompanied by such maps and plans as may be necessary or as may be required by the Authcrity. (4) In making their decision the Authority shall be guided by the Approved Preliminary Territorial Plan, and where the Governor has approved a Development Plan or Plans in relation to an area, the Development Plan or Plans. 7.(1) An application may be made for approval in prin ciple. (2) If any person who proposes to carry out any development (or who has without planning permission ca1Tied out development) wishes to have it determined whether what he proposes would constitute (or that which he has unlawfully ca1Tied out did constitute) development of the land or a building and if so, whether an application for permission to development in respect thereof is (or was) required under this Ordinance, he may, either as part of application for permission to develop, or withoutany such application, apply to the Authority to determine the question. (3) The provisions of section 9 shall apply in relation to an application under this section, and to the determir.ction thereof as they apply in relation to ap plications for the grant of permission for development and to the determination of such an application. 8.( 1) The Authority may, after consideration of the application, and in accordance with any specific direc tions as may have been given fo£he Authority by the Go vernor, grant permiss·ion as to the whole or any part of the :ipplication {in this Ordinance called "planning permis sion"), with or without conditions or ti me limitations, or may refuse permission. (2) If after consider-et;i-on of the application and examination oi the plans, the Authority considers it desirable to do so, it may refer back the application and the plans to the applicant for amendment thereof. (3) If the Authority after due consideration of the application and of the plans, if any, refuses permis sion to the applicant or grants the planning permission Appllcatlon for ■ p,...ov■ I In prlnclpl■ ancl In •••· peel af un• ■uthorlH<I l,ullcllnga. Authority may approve or , •• fua• permla1lon lo develop lond. MONTSERRAT 10 Th« Town and Countrv Planning Ordinance, 1975. No. 27 of 1975 Applicant or other lnterH• ted pera on may appeal to the Governor. subject to conditions or limitations it shall at the same time give the applicant in w.riting its reason for so re fusing, or for imposing conditions or limitations. 9.(1) Upon t.he refusal of the Authority to grant permission, or upon the Authority granting planning per mission, whether subject or not to conditions or limita tions, the applicant, or any other person affected by the decision of the Authority, may, within two months after such decision has been made known, appeal to the Go vernor against such refusal, grant, conditions or limi tations a~ the case might be, setting out the grounds upon which the appeal is made. (2) Every appeal to the Governor under subsection (1) may be dealt with by the Governor or may be referred by the Governor to an Appeals Tribunal for the purpose of determining the appeal in question forthwith, which Tri• bun al shall consist of three members, being a Chairman and two others all to be appointed by the Governor. None of the Members of the Tribunal need necessarily reside in or work in the Colony, butone of the members should have experience in building and planning matters and the Chairman should preferably be a practising law yer. (3) The members appointed in accordance with subsection (2) shall be appointed for the -determination of a particular appeal or for such period not exceeding two years as the Governor shall in the appointment de termine and upon the expiration of nn appointment such member shall be eligible for re-appointment. (4) The Governor may (and shall where one of the members has any interest in any appeal coming before the Appeals Tribunal) revoke either permanently or for the hearing of any specific appeal -the appointment Q{ any member of the Appeals Tribunal if he thinks it.ex pedient so to rlo. (5) Subject to the foregoing subsection the Ap peals Tribunal shall have power to regulate its own proceedings. (6) The Governor or the Appea1s Tribunal as the case may be may hear an Appellant andif he so wishes, hi!.'! lawyer and witnesses (or if the Appeh.:rnt chooses to make his submissions in writing may read the Appellant's No. 27 of 1975 The Town and Country Planning Ordinance, 1976. 11 MONTSERRAT submissions) and may allow the appeal in whole or in part and subject to !:'Uch conditions or limitations as he or it thinks fit, or may dismiss the appeal. (7) The Governor or the Appeals Tribunal as the case may be shall give his or its reasons for his or its de cision and forthwith communicate in writing such reason and decision to the Appellant and the Authority. (8) With respect to references in this Ordinance t~ p1'.:r.~:nb r~::-missions in ::-e!atbn to :. permission al teri~d on appeal by the reversal or variation or the whole or part thereof, such references shall be construed as re ferences to the planning permission as so altered. 10.(1) If any person develops any land or building or displays any advertisement in contravention of the pro visions of this Ordinance, theowner or the land and every person who in any wa engages himself in such develop ment or display shall oe guilty oran offence and on sum mary conviction shall be liable to a fine of one thousand dollars. (2) Where any body corporate is guilty of an offence under this Ordinance, and that offence is proved to have been committed with consent or connivance or any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate shall shall beliable to the proceeded against and punished ac cordingly. (3) In addition to, or in substitution for the pro visions of subsections (1) and (2) hereof, (whether or not a determination has been made under section 7), where it· appears to the Authority that dc..-olopment has been car ried out or an advertisement displayed without the grant of permission pursuant to section 8 or if any conditions or limitations subject to which planning permission has been granted have not been complied with, the Authority may serve a notice under this subsection (in this Or dinance referred to as an "enforcement notice") requir ing the breach tc ~<' p~rn,,,Hed. (4) The enforcement notice shall specify (a} the matters alleged to constitute a breach of planning control; Contraventl on of the Ordln• once. MONTSERRAT 12 Tht1 Town an:J Country Planning O•dirta.,ce, 1975. No. 27 of 1975 (b) the steps required by the Authority to be taken in order to remedy the breach; and (c) the period for compliance with the notice. (5) The steps which may be reguired by an en forcement notice to be taken may include the demolition or alteration of any building or works, the discontinuance of any use of land, or the carrying out on land of any build ing or other ope rations. (6) The enforcement notke shall be served on the owner and on the occupier of the land to which it relates and on any other person whom the Authority believes to have a material interest in the land but the fact that the Authority cannot serve on one or other of the persons herein-mentioned shall not invalidate proceedings a gainst any other of such persons. (7) Any of the persons mentioned in subsection (6) may appeal to the Governor under the procedure spe cified in section 9 and the Appeals Tribunal may allow in whole or in part the appeal or dismiss the appeal. (8) If any person mentioned in subsection (6) fails to comply with an enforcement notice pr"operly served on him ,except to the extent that an appeal under 3ubs ection (7) is successful) he shall be guilty of an offence and on summary conviction he shall be liable t0 a p::-nnlty of thirty dollars for each day during which such offence con tinues after the period specified in the enforcement notice pursuant to subsection (4)(c) or such substituted period as may be alio~eo 00 appeal. (9) If all the steps specified in the enforre. 1 ;,;-::~ notice have no~ corop)etod -- :t!,in the time specified in the enforcement notice (sav.; as varied on appeal), the Au thority may enter the land and take the steps and rec·.:·,,ol' from the person who is the then owner of the lanrl, ;,.ny expenses reasonably incurred by them in so doing. (10) In the event of a planning permission having been implemented by the conditions therein or any of them not having been carried out as a result of which an en forcement notice is served hereunder then, (unless or to the extent to which an appeal against the enforcement notice is allowed by the Appeals Tribunal) such planning permission shall be deemed to have been void and of no effect. No. 27 of 1975 Th, Town and Countr11 Planning Ordinanc,, 1976 13 MONTSERRAT 11.(1) In the event of a development not having been, Lapaln; ancl in the o·oinion of the Authority, substantially commenced revocation or in the event of the advertisement not having been dis- of p•r 111laalon. played within the period of one year from the date or granting :or planning pennission or within such extended period a!J the Authority may allow, the planning permission shall lapse and no such development may take place until a further planning permission has been granted under sec tion 8. (2) In the event of the Authority being satisfied that it ~.as been m&terially mis!ed by ::n. :.pplicnnt for planning permission as a result of which planning per mission bas been given, it may, upon being so satisfied, serve notice under this section to the applicant and the owner of the land that it revokes the permission whereupon the permission will forthwith come to an end without com pensation unless within two months of such notice the applican~ or the owner appeals to the Governor (where upon the provisions of section 9 hereof shall be deemed to apply as if this appeal was an appeal against a refusal or grant of planning permission) and succeeds in whole a to the extent to which the appeal is allowed. 12.(1) If it appears to the Authority that the amenity Waat• Land. o( any l\rea within the Colony is seriously injured by reason of the condition of any land or building, garden or vacant site or the condition of dereliction, waste, or neglect :n the occupation of land or a road, then it may serve on the owner or occupier of the land a notice re quiring such steps for abating the injury as may be so specified. (2) The service of a notice under subsection (1) shall b~ deemed to be the service ofan enfacement no tice an:i the provisions of section 10(3) to (9) inclusive sh all bP.. applicable hereto. 13.(1) If it appears to the Authority that it is ex- Tr- P, ... rw pedient in the interest of amenity to make irovisions for tlon Orel•••· the preservation of trees or woodlands, they may for that purpose make an order, (in this Ordinance referred to as a "tree preservation order") with respect to such trees, groups or trees or woodlands as may be specified in the order; az,d in parti.:,..:la,, pro'1bion r,m:,· be made by any such order (a) for prohibiting (subject to any exemptions for MONTSERRAT 14 Tht1 Town and Countrv Planning Ordinance, 1916. No. 2T of 1975 v;hich fX'OVision may be made by th(: Order) the cutting down, topping, lopping or wilful destruction of trees except with the consent or the Authority, and for enabling the ~uthority to give their consent. subject. to conditions; (b) for securing the replanting, in sue!\ manner as may be prescribed by or under the order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under the Order; (c) for applying, in relation to any consent, any of the irovisions or this Ordinanr.e falling within the next following subsection, subject to such adaptations and modifications as may be speciried in the order. (2) There shall be applicable to tree preservation orders: (a) the provisions of this Ordinance relating to planning permission and to applicet.ions for planning permission; and (b) the irovisions of section 10 as if breach or a tree rreservation order "'Were specifically mentioned therein. (3) Provision be made by regulations under this Ordinance with respect. to the form of tree p-tservation orders, and the irocedure to be followed in connection with the submission and confirmation of such orders; and subject to the next following subsection, such regu lations shall, in perticul~r, make F!''-''-'ision for fecuring (a) that notice of the submission of any such order to the Governor shall be given to the owners and occupiers of land affect~d by the order; (b) that objections and representation$ with re spect to the proposed order duly mr.de in ac cordance with the regulations shall be con sidered before the order is confirmed by the Governor (who may in his discretion refer the same to the Appeals Tribunal as if the same were an appeal under section 9); and (c) that copies of the order, when confirmed by the No. 27 of 1975 ThtJ Town and Country Planning OrdinanotJ, 1915. 115 MONTSERRAT Governor shall be served on the owners and occupiers or the land to which it relates. (4) If it appears to the Governor that any such order should take effect immediately, he may confirm the order--pro-vtstunaUy..-w.ithout complying with the 're quireroo nts or any such regulatio~ with respect to the consideration or objections and representation; but any crder so confirmed shall cease to have errect at the end of two months from the date on which it is so confirmed, unless within that period it has again been confirmed, with or without modifications, after comp 1 i an c e with those requirements. (5) Without prejudice to any other exemptions for which provision may be made by a tree preservation order, no such order shall apply to the cutting down, topping or loppingor trees which are dying or dead or have become dangerous, or the cutting down, topping or lopping of any trees in compliance with any obligations imposed by or under any law in force in Montserrat or so far as may be necessary for the prevention or abatement or nuisance. 14.(1) The Authority may make regulations as to the Regulatlona. following matters: (a) for the proper control of the height, density and setback of buildings, the control or lands for various uses, parking, roads, road junctions and road reserves, water supply, sewerage and gar bage disposal and any other matter relating to development: (b) for the proper control or the construction, ma terial, siting, size, height and any other matter relating to the construction or any building or structure; (c) prescribing the form or application to be sub mitted for the grant or planning permission; (d) irescribing the form or planning permission; (e) prescribing fees for the copying or documents and other similar services to be paid under this Ordinance; (C) prescribing the form or any notice, order, certi ficate or otherdocument required to be served under this Ordinance; MONTSERRAT 16 Th• Town and Countr11 Planning Ordinanc•, 1n6. No. 27 of 1975 (g) making amendments t.o the Schedule to this Ordinance; (h) generally for the purpose or carrying out the provisions or this Ordinance; and (i) fer the granting of pb.:.-:;ing permis;,i.:,n-or for the display oC advertisements by a General Development Order pursuant t.o section 6(2)(e). (2) Tt,e Corm of application which may be pre scribed under subsection (l)(c) may 1equire the applicant to give information with regard to the construction or any proposed building and the use to which it will be put and the nature or any other developmont which ho intend:; t.o undertake. (3) Regulations made under this section shall have no force or effect until approved by the Governor and published in the Gazette. R•tlJter. 15. The Authority shall keep a register of all development applications, decisions, planning permis sions, appeals, appeals decisions and other relevant in Ccrmation thereto which shall be open for inspection at the office of the Authority during normal working hours, and the maps and plans accompanying an application shall likewise be open rcr inspection at the ofCice of the Authority. Power ■ of entry, 16.(1) The Planning Officer or the ChairIMn of the examlnotlon and Authority may at any time cause the whole or any part of •""'•Y• any land in the Colony t.o be entered upon, examined and surveyed for the purpose or deciding questions arising out of (a) the survey for the Jreparation, approval, making or amendment of the Preliminary Territorial Plans and Development Plan or Plans; (b) any application under section 6 or 7; (c) any appeal under section 9, 10 or 11(2); or (d) the provisions of sections 12, 18 and 14; (e) whether the term:; of any pla,ming permission are being observed, or whether any land is being used or is or has been developed with out planning permission. No. 27 of 1975 The Town and Countr11 Planning Ordinano•, tn6. 1 '7 MONTSERRAT (2) Any person authorized in that behalf in writing by the Planning Orricer or the Chairman of the Authority for the purpose of an entry, examination or survey which is authorized by this section to be made, may, on produc tion of such written. authority, enter any land referred to in such authority and there do anything which may bene cessary for the said purpose: Provided that no person shall enter upon any land a- into any building, (unless with the consent of the oc cupier thereof), without ireviously giving such occupier at least twenty-four hours written notice of his inten tion to do so, and if the person entering needs to search and bore for the purpose of ascertaining the nature of the sub-soil, he shall so state in the said notice. (3) Every person who wilfully obstructs or inter feres with any other parson in the exercise by such other person of any power vested irinhn--by virtue of this section shall be guilty of an offence and shall be liable on sum mary conviction to a rine of two hundred dollars or to imprisonment for one month. 17 .(1) Subject to the provisions of this section, any net.ice or other document required or authorized to be served or gi yen under this Ordinance, or under any re gulation, order, direction, or instrument in writing under this Ordinance, may be served or given (a) by sending it in a prepaid registered letter addressed to th a t person at his usual or last known place of abode, in any case in which an address for service has been furnished by that person , at that address; or (b) in the case of a body corporate by sending it in a prepaid registered letter addressed to the Secretary or clerk of the body corporate at its registered or principal office. (2) Where the notice or document is required or authorized to be served on any person as having an in terest in premises, and the name of that person cannot be ascertained after reasonable inquiry, a- where the net.ice or document is required or authorized to be served on any person as an occupier of premises, the notice shall be deemed to be duly served if being addressed to him either by name (or by the description of the "owner" or Service of notlcoa. MONTSERRAT 18 The Town and Countr11 Planning Ordinance, 1976. No. 27 of 1975 Application of exl1tlng leglolatlon No. 2 of 1970 No. 2 of 1966, ExpendltLW• by Authority to be defr oyed from public revenue,. Crown Bound. Repeol ond S-lng. No. 2 of 1966. the "occupier" as the case may be), of the premises (de scribing them) it is marked in such a manner that it is plainly identifiable as a communication of importance, and is sent in a prepaid registered letter to the iremises and is not returned to the Authority sending it, or is de livered to some person on those premises or is arrixed conspicuously to some object on those premises. (3) Where the notice-or other document is required to be served on or given to all persons having interests in, or being occupiers of, iremises comprised in any land, and it appears that any part of that land is unoccupied, the notice shall be deemed to be duly served on all per• sons having interests in, and on any occupiers of, pre mises comprised in that part of the land (other than P. person who bas furnished an address for the servicP .-0f the notice on him) iC it is addressed to "the ov.1fers and any occupiers" of that part of the land (describing it), and is affixed conspicuously to sc-me object -on th(> land. 18. Where· planning permission has been given in accorrlance with this Ordinance or a regulation r.,ade un der this Ordinance and such planning permission or re gulation is inconsistent with any irovision or regulation contained in or made under any of the following Ordin ances, namely (a) The Landholding Control Ordinance, 1970; (b) The Town and Country Development Planning Control Ordinance, 1966, then such Ordinances and any subsidiary legislation made under such Ordinances shall be read and construed so that they are consistent with the planning permission or re gub.tion hereinbefore-mentioned. 19. Any expenditure incurred by the Authority shall be paid on the Certificate of the Chairman of the Authori ty, out of such sums as may be voted by the Legislative Council of the Colony for that purpose, and shall be limi ted to the sums so voted. 20. This Ordinance shall bind the Crown. 21. The Town and Country Development 'Plz,ny,ing Control Ordinance, 1966, is hereby repealed but without prejudice to anything done or suffered under it or any No. 27 of 1975 TM Town and Countrv Planning Ordinanc,, 1976. 19 MONTSERRAT right, privilege, obligation or liability acquired, accrued or incurred thereunder: Provided however that rules, regulations or orders 1mde or given under the Ordinance hereby repealed and in force at the time of coming into operation of this Ordinance shall be deemed to have been made and given under this Ordinance and shall continue in fcrce, so far as the same may not be rendered inapplicable by this Ordinance, until other irovision shall be made under thi~ Ordinancl'. B. A. FERGUS, Speaker. Passed the Legislative Council this 16th day or October, 1975. D. H. BRAMBLE, Clerk of the Council. MONTSERRAT 20 Th• Town and Countrv Planning Ordinanc•. 1976. THE SCHEDULE Minor works excluded from the necessity to obtain planning permiss fon No. 27 of 1975 1. Garden huts (other than garages) and not used for human habitation. 2. Gates or fences not exceeding three feet and six inches in height. where such a gate or fence abuts onto a road carrying vehicular traffic, and not exceeding six feet in any other case. 3. Repairs to public roads, bridges, or harbour inst.al~ations which repairs do not materially affect the external e.ppe!'.rance t.her13of. 4. Repairs to public utilities installations or services. MONTSERRAT PRINTERY LTD-. Ptlc• $1.26