Land Planning and Development Control Regulations, 2008

Land Planning and Development 51 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA LAND PLANNING AND DEVELOPMENT CONTROL REGULATIONS – SECTION 87 (Legal Notices 19 of 2008 and 17 of 2011) Part 1 Preliminary Citation and commencement 1. These Regulations may be cited as the Land Planning and Development Control Regulations, 2008, and shall come into force on 1 December 2008. Part 2 Provisions relating to development permission Applications for development permission 2. (1) An application for development permission shall be submitted to the Board in the form set out in Form A in Schedule I. (2) In addition to all documents required by the Ordinance to be submitted, all applications for development permission shall be accompanied by— (a) all documents required by Form A to be submitted with such application form; (b) building plans, in duplicate, showing the full extent of the development intended to be carried out; and (c) the fee prescribed in Schedule IV in respect of such application. Applications referred to Governor in Council 3. Where any application for development permission is required to be referred by the Board to the Governor in Council under section 38 of the Ordinance, the Board shall, together with such application, submit to the Governor in Council its own recommendation on the application. Classes of use and material change of use requiring development permission 4. (1) The Classes of use of land and buildings are set out in Schedule II. (2) The change of use of any building or land for any purpose which falls within the same Class as the existing use is deemed not to be a material change of use requiring development permission except in the case of: (a) Class B4 (petroleum products and fuel); and (b) Class B7 (storage or distribution of explosives and hazardous materials). (3) Subject to subparagraph (4), where any land or buildings which is used for a purpose in any Class is used for a purpose in any other Class, that change of use shall be deemed to be a material change of use requiring development permission. (4) Subparagraph (3) does not apply to any use which is included in and ordinarily incidental to any use in the Class for which the land or building is primarily used, merely because such incidental use is specified in the Schedule as a separate Class of use. 52 Land Planning and Development This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA (5) For the avoidance of doubt, the division of a single dwelling house or its curtilage, to form two or more separate dwelling houses, constitutes a material change of use requiring development permission. (6) The use of part of a dwelling house, or part of its curtilage, for an ancillary business activity is deemed not to be a material change of use requiring development permission provided— (a) the activity falls within Use Classes A1, A2, B1, B5 except sub class (d), C1, D1 sub classes (b), (d) or (i) only; and (b) the activity is carried on in such a manner as to be not detrimental to the amenity of the area. Control of advertisements 5. (1) Subject to subparagraph (2), no advertisement may be displayed unless development permission for its display has been granted. (2) No development permission is required in respect of the display of an advertisement of a description set out in Part B of Schedule III if the display complies with the conditions and limitations specified in that Part. (3) The Board or Governor in Council, as the case may be, shall in considering an application for development permission to display an advertisement have regard to the interests of amenity and public safety, taking into account— (a) the general characteristics of the locality, including the presence of any feature of historic, architectural, cultural or similar interest; (b) the safety of persons using any surrounding area; (c) whether the display of the advertisement in question is likely to obscure, or hinder the ready interpretation of, any traffic sign; (d) whether the display of the advertisement in question is likely to hinder the operation of any device used for measuring the speed of any vehicle. (4) In determining an application for consent for the display of advertisements, the Board or Governor in Council, as the case may be, may have regard to any material change in circumstances likely to occur within the period for which the consent is requested. (5) All advertisements displayed by virtue of subparagraph (2), (3) or (4) shall comply with the standard conditions set out in Part A of Schedule III. Part 3 Prescribed forms and fees Forms of other applications and notices 6. The following applications and notices shall be in the form set out in Schedule I: (a) Application for screening and/or scoping opinion (Form B); (b) Application for minor variation of development permission (Form C) (c) Application for reconsideration or withdrawal of enforcement notice (Form D); (d) Notice by prospective purchaser unaware of unauthorised development on land (Form E); (e) Claim for compensation (Form F); (f) Notice of appeal (Form G). Land Planning and Development 53 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Fees 7. (1) The fees set out in Schedule IV shall be payable in respect of the matters set out therein. (2) Any fee paid by a person under Item 5 of Schedule IV in respect of the lodging of a Notice of Appeal, shall be refunded to such person if the appeal is upheld or the original decision against which the appeal was noted is varied on appeal. SCHEDULE I FORM A LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2008 APPLICATION FOR DEVELOPMENT PERMISSION (Section 29 and Regulation 2(1)) Office Use If you have any queries please contact the Land Planning & Development Control Board to advise you. Telephone 2270 or by appointment call at the Planning Office at Essex House, Main Street, Jamestown 2 copies of this FORM, building plans and site plans are required. 1. APPLICANT(S) AGENT Name Name Address Address Telephone Telephone 2. Address or location to which the application relates and edge the boundary of the site in BOLD or highlighted on the plans: 3. State Applicant‘s interest in the site: (tick appropriate box) Owner Lessee Prospective Purchaser 54 Land Planning and Development This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA 4. Description of the proposed development or use: 5. (a) Give the area of the site in acres or square metres: (b) Give the area of the building in square metres: 6. Does the application involve any of the following? (tick appropriate box) Change of use Redevelopment Erection of new building Alteration or Extension 7. The site is served by the following: (tick appropriate box) Water Telephone Electricity Drainage 8. What is the existing use of the land/building? (Eg. Residential, industrial etc. If the site is vacant, say so and also state its previous use and when that ceased) 9. Does a public right of way cross the site of the proposed access? Yes/No If YES, show existing route(s) and any proposed alterations on the plans 10. Are there any trees on the site? Yes/No If YES, show their positions, spread and any species on the plans and which, if any are to be felled. If YES, are any to be felled? Yes/No 11. State external materials to be used: 12. How will the site be enclosed? Say whether walls, fences or hedges, and give height, colour and materials. If the site is divided into plots, say how each is to be enclosed. Land Planning and Development 55 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA 13. How will surface water be disposed of? 14. How will foul sewage be disposed of? 15. Does the proposal involve: (tick appropriate box) (a) Construction of a new access to a Highway YES NO (b) Alteration of an existing access to a Highway YES NO (c) The stopping up or diversion of a public right of way YES NO (d) How many car parking spaces are there within the curtilage of the site? 16. Does the proposal involve: (tick appropriate box) (a) Demolition of all or part of a building or structure YES NO (b) The site being within a Protected or Conservation area YES NO (c) Demolition or alteration of a Listed Building YES NO (d) Use in connection with agriculture or forestry YES NO (e) Use for industrial, shopping, warehousing, storage or office purposes YES NO 17. MATERIALS TO BE USED, including dimensions where applicable, if these are not stated on the accompanying plans. If there is insufficient space for details, these may be continued on a separate sheet. FOUNDATIONS FLOORS WALLS DAMP PROOF COURSE ANT PROOF COURSE LINTELS 56 Land Planning and Development This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA CEILINGS ROOF COVERINGS ROOF SUPPORTS WINDOW FRAMES DOORS DOOR FRAMES INTERNAL FINISH TO WALLS EXTERNAL FINISH TO WALLS CHIMNEY AND STOVE PIPES GUTTERS AND DOWNPIPES UNDERGROUND DRAINS 18. If a septic tank is to be used, please state size: Depth Length Width Materials to be used Number of sections Access for desludging 19. If soakaways are to used, please state size: Depth Length Width Materials to be used: 20. Additional information: 21. We hereby apply for: (delete whichever is not applicable) (a) Planning permission to carry out the development described in this application and the accompanying plans in accordance therewith. Or Land Planning and Development 57 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA (b) Planning permission to retain buildings or works already constructed or carried out, or a use of land already instituted as described on this application and accompanying plans. Signed On behalf of Date (insert applicant’s name if signed by an agent) When fully completed in duplicate this application should be sent to the Planning Officer together with two copies of the following: BUILDING PLANS: Drawn to a scale of not less than 1:100 (one inch to eight feet) showing floor plans of each storey of the Building, side and end elevations, sections and any other details. SITE PLANS: Drawn to a scale of not less than 1:250 (one inch to twenty feet) showing the location of the site(s) position Of any existing buildings on the site(s) and adjoining site(s), existing water, drainage, electric and/or Telephone lines, any roads and existing and proposed levels of the building(s) in relation to the access and Main road. The proposed building should be shown in BOLD, together with all new drainage etc. 58 Land Planning and Development This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA FORM B LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2008 APPLICATION FOR SCREENING AND/OR SCOPING OPINION (Section 31 and 32 and Regulation 6(a)) 1. SCREENING OPINION (tick appropriate box) SCOPING OPINION (tick appropriate box) 2. APPLICANT(S) AGENT Name Name Address Address Telephone Telephone 3. DESCRIPTION OF LAND: 4. State Applicant‘s interest in the site: (tick appropriate box) Owner Lessee Prospective Purchaser 5. DESCRIPTION OF PROPOSED DEVELOPMENT OR USE: Signed Dated this day of 20 . Land Planning and Development 59 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA FORM C LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2008 APPLICATION FOR MINOR VARIATION OF DEVELOPMENT PERMISSION (Section 45 and Regulation 6(b)) 1. APPLICANT(S) AGENT Name Name Address Address Telephone Telephone 2 APPLICATION NO. FOR DEVELOPMENT PERMISSION: 3. DESCRIPTION OF LAND: 4. State Applicant‘s interest in the site: Owner Lessee 5. DESCRIPTION OF PROPOSED VARIATION OF PERMISSION: FORM D LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2008 APPLICATION FOR RECONSIDERATION / WITHDRAWAL OF ENFORCEMENT NOTICE (Section 51 and 52 and Regulation 6(c)) 1. APPLICANT: 2. CONTACT DETAILS: 60 Land Planning and Development This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Address: Telephone: 3. DESCRIPTION OF LAND: 4. DETAILS OF ENFORCEMENT NOTICE: 5. REASON FOR APPLICATION TO RECONSIDER OR WITHDRAW ENFORCEMENT NOTICE: Signed Dated this day of 20 . FORM E LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2008 NOTICE BY PROPSECTIVE PURCHASER UNAWARE OF UNAUTHORISED DEVELOPMENT (Section 55 and Regulation 6(d)) 1. PROSPECTIVE PURCHASER(S): 2. CONTACT DETAILS: Address: Telephone: 3. DETAILS OF LAND TO BE PURCHASED: Land Planning and Development 61 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA TO THE PLANNING OFFICER: TAKE NOTICE THAT I/we intend to purchase the land described above and that I am unaware of any development that has been carried out on such land without development permission. Should you not notify my/us within two months of any development which has been carried out on the land without permission, all development thereon at the time of receipt by you of this notice shall under the Ordinance for purposes of any enforcement notice issued thereafter, be deemed to have been permitted by the Board. Signed Dated this day of 20 . FORM F LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2008 CLAIM FOR COMPENSATION (Section 68 and Regulation 6(e)) APPLICANT: CONTACT DETAILS: Address: Telephone: DETAILS OF CLAIM FOR COMPENSATION: Signed Dated this day of 20 . 62 Land Planning and Development This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA FORM G LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2008 NOTICE OF APPEAL (Section 73 and Regulation 6(f)) TO: The Clerk of the Appeals Tribunal Appeal No. BETWEEN Appellant AND LAND PLANNING AND DEVELOPMENT CONTROL BOARD Respondent TAKE NOTICE THAT I intend to appeal to the Planning and Development Appeals Tribunal against the following decision of the Land Planning and Development Control Board: (Give details of decision against which appeal is being noted) THE LAND affected by the decision: (Give description of the land) I HAVE the following interest in that land: (Provide details of whether you are the owner, lessee or prospective purchaser) MY GROUNDS OF APPEAL ARE: (State concisely the grounds on which you wish to appeal against the decision) STATE ACTION DESIRED: Dated: Appellant: (State name and address) To: The Respondent ` SCHEDULE II Part A Sale and services Class A1: Sale, display and services Use for all or any of the following purposes— (a) for the retail sale of goods (other than foods falling within Class A2); (b) as a post office; Land Planning and Development 63 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA (c) for the sale of tickets or as a travel agency; (d) for hairdressing; (e) for the direction of funerals; (f) for the display of goods for sale; (g) for the hiring out of domestic or personal goods or articles; (h) for the washing or cleaning of clothes or fabrics on the premises; (i) for the reception of goods (other than motor vehicles) to be washed, cleaned or repaired; (j) financial services; (k) professional services (other than health or medical services); or (l) any other services (including use as a betting office) which it is appropriate to provide in a shopping area, where the sale, display or service is to visiting members of the public. Class A2: Foodstuffs, restaurants and cafes Use for all or any of the following purposes— (a) for the sale of food and drink for consumption on the premises; (b) for the preparation and/or sale of sandwiches or other cold food for consumption off the premises; (c) for the preparation and/or sale of hot food for consumption off the premises; (d) as a bakery or for the preparation of cakes and other confectionary products. Class A3: Drinking establishments Use as a public house, wine-bar or other drinking establishment. Part B Business, industrial and storage Class B1: Business Use for all or any of the following purposes— (a) as an office other than a use falling in paragraph (j) or (k) of Class A1; (b) for research and development of products or processes; (c) for any industrial process; (d) for vehicle diagnostic testing and maintenance, 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 B2: General industrial Use for the carrying on of an industrial process other than a use falling within any other Class. Class B3: Storage or distribution Use for storage or as a distribution centre, other than a use which falls within any other Class. Class B4: Petroleum products and fuel (a) Use for sale of fuel for motor vehicles; (b) Bulk fuel storage. Class B5: Motor vehicles Use for all or any of the following purposes— (a) for sale or display for sale of motor vehicles; (b) for a taxi business or business for the hire of motor vehicles; (c) for mechanical repair or maintenance of vehicles; 64 Land Planning and Development This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA (d) as a car wash; (e) panel beating, spray painting or welding of motor vehicles. Class B6: Waste disposal and storage Use for all or any of the following purposes— (a) as a scrapyard or the breaking of motor vehicles; (b) as a waste disposal installation for the incineration, chemical treatment or landfill of waste. Class B7: Storage or distribution of explosives and hazardous materials (a) Use for storage of, or as a distribution centre for explosives. (b) Use for storage of, or as a distribution centre for other hazardous materials. Part C Accommodation Class C1: Hotels, boarding and guest houses Use as a hotel or as a boarding or guest house where, in each case, no significant element of care is provided. Class C2: Residential institutions Use for all or any of the following purposes— (a) for the provision of residential accommodation and care to people in need of care (other than a use within Class C4 (dwelling houses)); (b) as a hospital or nursing home; (c) as a residential school, college or training centre. Class C3: Secure residential institutions Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre or secure hospital. Class C4: Dwelling houses Use as a dwelling house (whether or not as a sole or main residence)— (a) by a single person or by people living together as a family; or (b) by not more than six residents living together as a single household (including a household where care is provided for residents). Part D Public amenities and services Class D1: Non-residential institutions Use for all or any of the following purposes (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 crèche, day nursery or day centre; (c) for the provision of education; (d) for the display of works of art (otherwise than for sale or hire); (e) as a museum; (f) as a public library or public reading room; Land Planning and Development 65 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA (g) as an internet café; where the primary purpose of the premises is to provide facilities for enabling members of the public to access the internet, (h) as a public hall or exhibition hall; (i) for, or in connection with, public worship or religious instruction; (j) as a law court. Class D2: Assembly and leisure Use as— (a) a cinema; (b) a concert hall. Class D3: Entertainment Use as— (a) a night club; (b) a casino. Class D4: Sports facilities and recreation Use as— (a) a swimming bath; (b) a skating rink; (c) a gymnasium; (d) a bowling alley; (e) a golf course; (f) any other area for other indoor or outdoor sports or recreations (not involving motorized vehicles or firearms). Class D5: Rifle ranges and archery Use as— (a) a rifle range; (b) an area used for purposes of archery. Class D6: Motorized sport Use as an area for any motorized sport. SCHEDULE III Part A Standard conditions for all advertisements 1. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission. 2. No advertisement shall be sited or displayed so as to— (a) endanger persons using any highway, harbour or aerodrome; (b) obscure, or hinder the ready interpretation of, any traffic sign or aid to navigation by water or air; or (c) hinder any operation of any kind. 66 Land Planning and Development This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA 3. Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site. 4. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger any person, property, animal or thing. 5. Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity. 6. Development permission for any advertisement shall lapse after a period of 3 years from the date on which permission has been granted and the advertisement shall then be removed if so required by the Board. Part B Development permission will not be required for the following types of non-illuminated advertisements 1. An advertisement displayed on enclosed land or inside a building and not readily visible from outside the enclosed land or building or from any place to which the public have a right of access. 2. An advertisement displayed on or in a vehicle normally used as a moving vehicle provided that the vehicle is not used principally for the display of advertisements. 3. An advertisement not larger than 1.5 sq metres in area displayed by a government department, or an agency on their behalf, for announcement or direction. 4. An advertisement required to be displayed by any law or any condition imposed by any law on the exercise of any function and removed as soon as the law permits. 5. A temporary advertisement relating specifically to an election and removed not later than 14 days after that election. 6. An advertisement not larger than 0.09 sq metre in area attached to the building to which it relates or displayed within its curtilage for the purpose of identification or direction. 7. A single temporary advertisement not larger than 0.5 sq metre in area and displayed not more than 4.5 metres above ground level relating to the sale or letting of the land or premises on which it is displayed and removed within 14 days after the completion of the transaction to which it relates. 8. A single temporary advertisement not larger than 1.5 sq metres in area and displayed not more than 4.5 metres above ground level relating to the carrying out of building or engineering works on the land on which it is displayed whilst those works are being carried out. 9. A single temporary advertisement not larger than 0.6 sq metre in area and displayed not more than 4.5 metres above ground level relating to a non-commercial local event or activity, displayed not more than 14 days before nor more than 14 days after the event or activity to which it relates. 10. The display of a single advertisement on or consisting of a tethered balloon not more than 60metres above ground level for not more than 10 days in total in any calendar year and not normally visible from a conservation area or a nationally protected area. SCHEDULE IV 4 (Regulation 7) FEES 1. Subject to paragraphs 2, 3, 4 and 5, the fees payable under these Regulations are as follows: 1 Outline development application Site area to which application relates: Up to 0.1 ha (¼ acre) £45.00 exceeding 0.1 up to 0.5 ha (1¼ acres) £90.00 exceeding 0.5 up to 2.5 ha (6¼ acres) £150.00 exceeding 2.5 up to 10.0 ha (24½ acres) £350.00 exceeding 10 ha (24½ acres) £1,000.00 4 Schedule IV substituted by LN 17 of 2011 Land Planning and Development 67 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA 2. Full development application (excluding fees for building regulations) (a) New dwellings: Floor area created: up to 90m 2 £45.00 exceeding 90m 2 up to 120m 2 £45.00 exceeding 120m 2 up to 200m 2 £45.00 exceeding 200m 2 £90.00 (b) Domestic extensions, domestic alterations and ancillary domestic buildings: New floor space created: up to 12m² £35.00 exceeding 12m² up to 30m² £35.00 exceeding 30m² up to 90m² £45.00 exceeding 90m 2 £45.00 (c) Non-domestic development: New floor space created: up to 90m² £45.00 exceeding 90m² up to 120m² £90.00 exceeding 120m² up to 250m² £125.00 exceeding 250m 2 up to 500m 2 £125.00 exceeding 500m 2 £250.00 3. Building regulations application (whether submitted as part of a full development application or for building regulations approval alone): (a) New dwellings: New floor area created: up to 90m 2 £105.00 exceeding 90m 2 up to 120m 2 £155.00 exceeding 120m 2 up to 200m 2 £250.00 exceeding 200m 2 £205.00 plus £45.00 for every 45m 2 over 200m 2 (b) Domestic extensions, domestic alterations and ancillary domestic buildings: New floor space created: up to 12m² £65.00 exceeding 12m² up to 30m² £100.00 exceeding 30m² up to 90m² £135.00 exceeding 90m 2 £180.00 (c) Non-domestic development: New floor space created: up to 90m² £105.00 exceeding 90m² up to 120m² £155.00 exceeding 120m² up to 250m² £250.00 exceeding 250m 2 up to 500m 2 £500.00 exceeding 500m 2 £500.00 plus £50.00 for every 100m 2 over 500m 2 4. Change of Use Development application and building regulations Same as fees in Items 2 and 3 (all categories) based on proposed use and resultant floor area 5. Environmental Impact Assessment Application for Screening Opinion £0 Application for Scoping Opinion £150.00 6. Appeals Lodging of Notice of Appeal: 68 Land Planning and Development This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Development up to 120m 2 floor area (full applications) or 0.1 ha (¼ acre) (outline development applications) £150 (refundable if Appeals Tribunal allows the appeal) Development over 120m 2 floor area (full applications) or 0.1 ha (¼ acre) (outline development applications) Twice the fee payable under item 1 or 2 but limited to £1,000 (non-refundable) 2. Where the development application includes more than one dwelling of identical design, the building regulations fee payable under item 3 of the table in paragraph 1 in respect of the second identical dwelling shall be reduced by one-third and on the third and subsequent identical dwellings by one half. 3. Where an application is submitted for approval of details after outline development permission has been granted and such application is in accordance with the requirements of such outline development permission, the applicable development permission fees payable under item 2 of the table in paragraph 1 shall be reduced by one-third. 4. The fees in the table in paragraph 1 shall be reduced by 50 per cent in the case of an application for development by— (a) a charitable organisation registered under the Charities Ordinance, 2005, for any charitable purpose carried on by such organisation as referred to in such Ordinance; or (b) a community association registered under the Community Centres Ordinance, Cap. 162, for purposes of providing any community facilities. 5. No fees are payable in respect of development undertaken solely to facilitate easier access by disabled persons to any buildings or land, or to the use of such buildings or land. DIANA‟S PEAK NATIONAL PARK PROCLAMATION (Gazette Notice 36 of 1996) WHEREAS: It is fitting and to the benefit of the people of St. Helena that there be established on St. Helena a National Park being an area of land which contains representative samples of features or scenery where plant and animal species, geomorphological sites and habitats are of special scientific, educational and recreational interest and which also contains one or several entire ecosystems that are not materially altered by human exploitation and occupation; It is also fitting that there be constituted for the National Park a management authority with jurisdiction over the Park that is empowered to take steps to prevent or eliminate as soon as possible exploitation or occupation in the Park, that is also empowered to take measures to protect the ecological, geomorphological or aesthetic features which led to the Park being established and that is further empowered to ensure that the Park is managed and developed so as to sustain recreational and educational activities on a controlled basis, and that is thereby able to ensure by virtue of its proper and effective exercise of those powers that the Park remains in a natural or near natural state with visitors entering under special conditions for inspirational, educational, cultural and recreational purposes. NOW THEREFORE I, the Governor of St. Helena and its Dependencies, as the person having, by virtue of section 51 of the Constitution of St. Helena, authority on behalf of Her Majesty to make and execute grants