Development Permission Regulations (Cap. 9.02)

© Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 87 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS DEVELOPMENT PERMISSION REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Short title 2. Interpretation 3. Scope 4. Forms 5. Form of applications 6. Applicant not owner of land 7. Advertisement of applications 8. Representations on applications 9. Deferral of consideration of applications 10. Standard conditions 11. Notification of decisions 12. Clarification of decisions 13. Consideration of applications to display advertisements 14. Applications to subdivide land 15. Fees 16. Assessment of total estimated cost in relation to fee payable 17. Appeals against refusals and conditions 18. Appeals against enforcement notices 19. Appeals against notice of revocation or modification 20. Appeals against amenity order 21. Appeals against assessment of total estimated cost of development 22. Register of applications SCHEDULE 1: Forms SCHEDULE 2: Advertisement of applications SCHEDULE 3: Standard conditions SCHEDULE 4: Fees © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 89 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS DEVELOPMENT PERMISSION REGULATIONS – SECTION 89 (Legal Notices 47/1990 and 30/2001) Made by the Governor Commencement [15 October1990] Short title 1. These Regulations may be cited as the Development Permission Regulations. Interpretation 2. In these Regulations— “Board member” means a member of the Board, sitting to consider the application; “clarification” means a clarification under regulation 12 and includes an explanation or elaboration; “exempt application” means an application under the Ordinance by a Belonger for a grant of development permission to erect a dwelling house for his own occupation or occupation by a member of his family where the total estimated cost of the proposed development does not exceed $100,000; “meeting” means a meeting of the Board; “notification” means a notification under regulation 11; “the Ordinance” means the Physical Planning Ordinance; “preservation order” means a building preservation order, or a plant preservation order and includes a draft or an interim preservation order so defined; “strata lot” has the meaning ascribed to it by the Strata Titles Ordinance; “total estimated cost” in relation to any application under the Ordinance for a grant of development permission means the estimated cost at current market rates of and incidental to the carrying out of the whole of the proposed development, excluding the estimated cost at current market rates of the construction of any fresh water storage tank or cistern which is comprised in the proposed development. Scope 3. The Regulations apply to all applications for— (a) a grant of development permission; (b) permission to demolish or develop a building subject to a building preservation order; (c) permission to cut or remove a plant subject to a plant preservation order; (d) permission to extend a time limit subject to which grant of development permission has been made. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 90 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS Forms 4. Schedule 1 sets out the forms to be used in respect of the various applications, decisions, requirements and other matters to facilitate the administration of the Ordinance. Form of applications 5. (1) An application to which these Regulations apply shall be submitted to the Director on the application form set out in Schedule 1, which is appropriate to the purpose for which a grant or a permission is being sought. (2) An application shall be accompanied by the drawings and plans as required by the relevant application form submitted under subregulation (1). (3) An application and any accompanying drawings and plans shall be— (a) submitted in triplicate; (b) signed by the applicant or his authorised agent; (c) accompanied by— (i) the appropriate fees; (ii) the appropriate certificate relating to the payment or non-payment of a fee. (4) The Director shall not accept any application which is not accompanied by the appropriate fee or which does not conform to any other of the requirements of these Regulations. He shall immediately advise the applicant or the agent of the omission or defect and either return the application or hold it pending correction of the omission or defect. (5) The Director may correct or advise an applicant to correct any minor defect or informality in an application or its accompanying drawings and plans at the time when the application is submitted or at any time thereafter before the application is placed on the agenda for a meeting. (6) When the Director is satisfied that the form of the application is suitable for consideration, he shall submit it together with his report and recommendation thereon to the Board. Applicant not owner of land 6. Except in the case of Crown land, where an applicant is not the owner of the land to which the application relates, he shall submit with the application a letter from the owner and, where he is a different person to the owner, the occupier stating that such person is aware that the application is being made. Advertisement of applications 7. (1) The Director shall, in the case of applications for developments listed in Schedule 2 and may, in the case of any other application, require the applicant to advertise the application before it is considered by the Board by— © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 91 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS (a) placing an advertisement in the Gazette and one newspaper of general circulation in the Islands or in the Island where the land the subject of the application is situate; and (b) affixing and maintaining in place a notice in a prominent position on, or as near as possible to, the land to which the application relates, for a period of at least 28 days. (2) The advertisement and notice shall be of such a size, form and content as will enable the reader of that advertisement or notice to become aware of the proposed development or other activity on the land to which the application, the subject of the advertisement or notice relates, and of his opportunity to make representations on that application. (3) The Director may require that an advertisement and notice be approved by him before it is published or affixed. (4) A copy of the advertisement together with the date or dates on which it is to be published and a copy of the notice together with the date on which it is to be, or was, affixed on or near to the land shall be sent to the Director who shall file it with the application to which it relates. (5) In respect of any application to which this regulation and Schedule 2 relates, the application shall be accompanied by a list of such owners or occupiers of land within a radius of 200 feet from the site of the proposed development who are present on the Island where the proposed development is to take place and are likely to be affected by the proposed development, and evidence of service of particulars of the proposed development upon them. Representations on applications 8. The Director shall prepare a summary of any representations and comments made on an application advertised in accordance with regulation 7 or on any other application in respect of which he has received any representations or comments and include that summary in the report on the application to which the representations or comments relate which he prepares for a meeting of the Board where that application will be considered. Deferral of consideration of applications 9. (1) The Board may, of its own motion, or at the request of an applicant, defer the consideration of an application until— (a) further information is received from— (i) the applicant; (ii) any public officer who has been requested to provide such information; (iii) any person who at the request of the applicant, the Minister, or the Board is preparing or has prepared a report on that application for the Minister, or the Board as appropriate; © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 92 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS (b) an application form, completed in accordance with the Regulations and accompanied by drawings and plans required by the Regulations is received by the Director. (2) The Board shall defer the consideration of an application for which a certificate pursuant to section 31 of the Ordinance is required, until such certificate is received or refused as appropriate. If a certificate is refused, the Board shall refuse the application. (3) Where the Director is of the opinion that an application for outline development permission cannot properly be considered without further information on the siting, design, external appearance and means of access to the proposed development he shall— (a) inform the Board of his opinion; and (b) request the applicant, in writing, to give such information about the siting, design, external appearance and means of access to the proposed development as may be specified in the written request. (4) The Board shall not decide an application to which subregulation (3) relates until the information requested under subparagraph (b) has been received and a report on it has been made to the Board. Standard conditions 10. Every grant of development permission shall be subject to any right of the applicant for that grant to appeal against the decision and shall have annexed to it the standard conditions set out in Schedule 3 appropriate to that grant. Notification of decisions 11. (1) The Director shall within ten days of the conclusion of a meeting, on the form set out in Schedule 1, notify the applicant of the decision reached on his application. (2) A notification may be sent by registered post or delivered by hand to the address of the applicant or his authorised agent. (3) Time shall begin to run in respect of any decision given on an application made in accordance with these Regulations from the date of receipt by the applicant or his agent of the notification. (4) The Board may make a grant of development permission conditional on the approval of the Director being obtained for any aspect of the application for that grant of development permission and when such a decision is made by the Board, such application should not be regarded as having been approved until that approval of the Director has been obtained and no notification of grant of development permission shall be made until that approval of the Director has been signified in writing by the Director. (5) For the avoidance of doubt, it is hereby declared that for the purposes of legal rights and liabilities a decision is made under these Regulations when it is notified to the applicant and no form or manner of notification other than that provided for in this Regulation shall give rise to any rights in the applicant or liabilities or duties on the Government; and any person who acts or advises any other person to act on the © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 93 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS notification other than that provided for in this regulation does so at his own risk and shall not have any cause of action against the Government or any public officer arising out of doing so. Clarification of decisions 12. (1) An applicant may make a request in writing to the Director for clarification of a decision or any part of a decision which has been notified to him. (2) The Director shall in writing notify the applicant of his opinion as to the clarification of the decision referred to in subregulation (1) but no such clarification shall have the effect of modifying a notified decision or give rise to any liability on the notified decision. (3) An applicant who is dissatisfied with the clarification provided to him under subregulation (2) may in writing request the Director to place the notified decision and the correspondence concerning its clarification as an item of business on the agenda for a meeting of the Board. (4) The Director shall comply with a request made to him under subregulation (3). Consideration of applications to display advertisement 13. (1) In considering any application for a grant of development permission to display an advertisement, the Board shall, in addition to the factors to which it is to have regard under the Ordinance, pay particular attention to the factors of; (a) the general amenity of the area where it is proposed to display an advertisement and of the appearance, quality and architectural, cultural or historical importance of any building on which an advertisement is to be placed; (b) public safety having regard to the interests of the users of any road, dock, harbour or airport and whether the display of any advertisement will obscure or hinder the sight or interpretation of any public sign or advertisement concerned with the safe use of any road, dock, harbour or airport or any facility on or in those places. (2) It is not a planning consideration and the Board accordingly shall not have regard to or take account of any moral or ethical aspects of, or whether the criminal law may be contravened by, the content of any advertisement which it is proposed to display or the message which any advertisement seeks or appears to seek to convey. (3) A grant of development permission to display an advertisement shall operate for a period of three years from the date of the grant of permission. Applications to subdivide land 14. (1) An application for a grant of development permission to subdivide land, shall, subject to the provisions of this regulation, include details of the proposals for— (a) road access including construction specifications, widths, details of bridges, etc., to and within the subdivision and the joining of any such access to a public highway; © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 94 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS (b) the provision of potable water to or within and the disposal of waste water and sewage from the subdivision; (c) the disposal of storm water from the subdivision; (d) the disposal of domestic waste or trade waste and effluent from the subdivision; (e) electric power to the subdivision; (f) telecommunications to the subdivision; (g) the maintenance of the facilities set out in subparagraphs (a) to (f) from the time the process of subdivision commences until the subdivision is fully developed with buildings; (h) the setting aside of land for public purposes. (2) The provisions of paragraph (1) shall not apply to an application for a grant of development permission to subdivide land, not being an application in respect of the subdivision of land into strata lots, where— (a) the applicant owns and occupies the land, the subject of the application; (b) the area of land is three acres or less; and (c) the land is to be subdivided into not more than six lots. Fees 15. (1) A fee shall be paid in respect of each application for a grant of development permission other than an exempt application. (2) The fee to be paid is the fee specified in column 2 of Schedule 4 which is appropriate to that application for a grant of development permission specified in column 1 of that Schedule. (3) The certificate which accompanies every exempt application shall be in a form set out in Schedule 1 and shall be signed by or on behalf of the applicant. (4) The certificate which accompanies every application in respect of which a fee is to be paid shall be in a form set out in Schedule 1 and shall be signed by or on behalf of the applicant. (5) In the case of an application in respect of which the total estimated cost exceeds $100,000 but it would otherwise qualify as an exempt application, the fee shall be calculated as though the total estimated cost is $100,000 less than is in fact the case. Assessment of total estimated cost in relation to fee payable 16. (1) On receipt of a certificate referred to in regulation 15, the Director may consult with any other public officer with the skill and experience to give a professional opinion on the matter, and if after such consultation he considers or is advised that the total estimated cost of any proposed development as stated in the certificate is inaccurate, the Director shall, taking into account such advice as he has received on the matter, assess the total estimated cost of the proposed development and— © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 95 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS (a) if the Director decides that cost is greater than as stated in the certificate, the applicant shall, subject to regulation 21 pay such a sum as is required to make any underpayment or nonpayment of the appropriate fee specified in Schedule 4; (b) if the Director decides that cost is less than that stated in the certificate, he shall refund the amount of overpayment if it exceeds $10. (2) Where an assessment has been made by the Director under paragraph (1) in respect of any application, the Director shall by notice in writing served on the applicant inform him of the particulars of the assessment and of his right to appeal against the assessment under regulation 21. Appeals against refusals and conditions 17. (1) A person who intends to appeal to the Minister against a refusal of application or the conditions subject to which an application was granted or permitted shall submit a notice in the form set out in Schedule 1 to the Director. (2) The appellant shall send or deliver to the Director— (a) a copy of the application referred to in subregulation (1) together with any drawings or plans which accompanied that application; (b) a copy of the decision made on that application together with any conditions imposed on a grant of permission which is the subject of the appeal; (c) a copy of any correspondence with any public official or any Board member about the application or the decision made on the application; (d) any other information required by the Minister or the Director. Appeals against enforcement notices 18. (1) A person who intends to appeal to the Minister against an enforcement notice shall submit a notice of appeal in the form set out in Schedule 1 to the Director. (2) The appellant shall send or deliver to the Director— (a) a copy of the enforcement notice; (b) where the enforcement notice alleges that the development the subject of the notice contravenes a grant of permission or a condition subject to which a grant of permission was made, a copy of the notification of that grant of permission or condition; (c) a copy of any correspondence with any public officer or any Board member about the enforcement notice; (d) any other information required by the Minister or the Director. (3) The grounds upon which an appeal against an enforcement notice may be made are— (a) the person upon whom the enforcement notice has been served is not the owner or occupier of the land on which the development is alleged to be occurring; © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 96 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS (b) the development in question is permitted development; (c) the development in question is not contravening any of the provisions of the Ordinance; (d) the development in question is not contravening any grant or permission or conditions subject to which a grant of permission was made; (e) that having regard to the factors set out in section 47 of the Ordinance, it would be just and reasonable to discharge the enforcement notice and allow the development in question to continue, and no other grounds shall be considered. Appeals against notice of revocation or modification 19. (1) A person who intends to appeal to the Minister against a notice of revocation or modification shall submit a notice of appeal in the form set out in Schedule 1 to the Director. (2) The appellant shall send or deliver to the Director— (a) a copy of the notice of revocation or modification; (b) a copy of the grant of development permission or condition therein which is being revoked or modified; (c) a copy of any correspondence with any public officer or any Board member about the notice of revocation or modification; (d) any other information required by the Minister. Appeals against amenity order 20. (1) A person who intends to appeal to the Minister against an amenity order made by the Board shall submit a notice of appeal in the form set out in Schedule 1 to the Director. (2) The appellant shall send or deliver to the Director— (a) a copy of the amenity order; (b) a copy of any correspondence with any public officer, any Board member or the Minister about the amenity order; (c) any other information required by the Minister or the Director. Appeals against assessment of total estimated cost of development 21. (1) An applicant upon whom a notice of assessment has been served under subregulation (2) of regulation 16 may within fourteen days next following the date on which the notice was served appeal to the Minister against the assessment by the way of a notice in writing in duplicate served on the Director and stating the grounds of the appeal. (2) The Director shall forward a copy of the notice of appeal to the Minister with his recommendations which shall include a list of public officers with suitable experience to decide the appeal. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 97 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS (3) The Minister shall, on receipt of the notice of appeal under subregulation (1)— (a) allow the appeal; or (b) forthwith appoint a panel of public officers, to be called a panel of assessment, of whom at least one shall be a person with experience in or knowledge of the costing of development, to hear and determine the appeal. (4) The applicant and the Director shall be entitled to make written and oral representations to the panel of assessment. (5) The panel of assessment shall within twenty-one days of its appointment hear and determine the appeal and in determining the appeal it may vary or confirm the assessment appealed against. (6) The decision of the panel of assessment shall be final and shall not be called into question or challenged in any legal proceedings whatsoever. Register of applications 22. (1) A register of applications shall be kept by the Director and contain the following information, namely— (a) particulars of every application including the name and address of the applicant, the date of the application, the location of the development and a brief description of the development or other matters the subject of the application; (b) particulars of any direction or requirement given or asked for in connection with the application; (c) any decision of the Minister, the Board or the Director in respect of the application and the date the decision was notified to the applicant including any decision to serve a notice of revocation or modification or to serve or confirm an enforcement notice in respect of the development the subject of the application; (d) any decision on any appeal made in respect of the application including any appeal against an enforcement notice, a notice of revocation or modification or an assessment of the total estimated cost of development. (2) The register shall include an index which shall be in such form as will enable a person to trace any entry in the register. (3) The fee payable for a copy of an entry in the register shall be as prescribed in Schedule 4. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 98 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS SCHEDULE 1 DEVELOPMENT PERMISSION REGULATIONS FORMS (Regulation 4) ARRANGEMENT OF FORMS FORMS 1. Application for development permission to develop land (section 30) 2. Certificate required to accompany applications for grant of development permission on other than exempt applications (regulation 15) 3. Certificate required to accompany exempt applications by or on behalf of Belongers (regulation 15) 4. Notice of assessment of total estimated cost of development (regulation 16) 5. Notice of appeal against assessment of total estimated cost of development (regulation 21) 6. Application for permission to subdivide land (section 29(c)) 7. Application for permission to display an advertisement (section 29(d)) 8. Request for further information (section 32) 9. Notice of deferral of consideration of application (regulation 9) 10. Grant of outline development permission (section 30) 11. Grant of detailed development permission (section 30) 12. Grant of development permission to subdivide land (section 30) 13. Grant of permission to display an advertisement (section 30) 14. Refusal of permission to develop (section 30) 15. Notice of appeal (section 82) 16. Notice to apply for grant of development permission (section 52) 17. Enforcement notice (section 45) 18. Notice of appeal against enforcement notice (regulation 18) 19. Notice of revocation or modification of grant of development permission (section 41) 20. Notice to complete development (section 37) 21. Application for extension of time to implement a grant of development permission (section 37) 22. Grant/refusal of extension of time to implement a grant of development permission (section 37(2)) 23. Notice of draft building preservation order (section 54) 24. Notice of building preservation order (section 54) 25. Notice of interim building preservation order (section 55) 26. Notice of draft plant preservation order (section 56) 27. Notice of plant preservation order (section 56) 28. Notice of interim plant preservation order (section 56) 29. Application to cut a plant the subject of a plant preservation order (section 56) © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 99 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS 30. Permission/refusal to cut a plant, the subject of a plant preservation order (section 56) 31. Amenity order (section 58) 32. Notice of appeal against amenity order (section 59) 33. Certificate of approval and notice of Minister’s decision (section 31) 34. Notice of appeal against Minister’s refusal to grant a certificate of approval (section 31) 35. Claim for compensation (section 75) 36. Notice to applicant of need for Minister’s certificate of approval (section 31) © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 100 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 1 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS APPLICATION FOR DEVELOPMENT PERMISSION (Section 30) This form should be completed in triplicate and sent to: The Director of Planning Department of Planning Grand Turk For Official Use Only Application No: ……………………. Parcel No: .......................................... Payment Received: ………………… Date Received: .................................. I/WE hereby apply for permission to carry out the development described in this application and on the attached plans and drawings. Signed .......................................... Date ................................................... IF SIGNED BY AN AGENT, Name of Agent ..............................................................……………………… Profession/Occupation ..............................................................……………… Address ..............................................................……………………………... Telephone/Telex/Fax Number ..............................................................……… NOTES: 1. “Development” is defined in section 2 of the Ordinance. 2. Failure to submit details of the proposed development as required by the instructions contained in this form is likely to lead to unnecessary delay in dealing with the application. 3. Form DOP 2 or DOP 3 and the appropriate fee must accompany this application. It must be clearly understood that any action taken by applicants before receipt by them of the written decision is entirely at their own risk, and that in the event of operations proceedings without permission, those responsible may make themselves liable to the penalties laid down in section 88 of the Ordinance and development carried out unlawfully may be removed by order of the Board under sections 45-48 of the Ordinance. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 101 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS Part 1 – General (In this part the word “land” includes any buildings thereon) 1. Name and address of applicant (IN BLOCK LETTERS) ………………………………………………………………………………... .……………………………………………………………………………….. 2. (i) Address or location of the land to be developed, in sufficient detail to enable it to be readily identified ............................................... ...............…………………… …………………................... (ii) Block and parcel number ............................................... (iii) Area of the site (in acres/ft2 or hectares/m2) ............................................... 3. (i) Particulars of the applicant’s interests in the land: OWNER � LESSEE � PROSPECTIVE PURCHASER � OTHER � If other, state interest (ii) If not the owner, state name and address of owner. (A letter from the owner/occupier must be attached to this application stating that he/she/they is/are aware that the application is being made). ............................................... ............................................... ............................................... (iii) If lessee, state nature of tenancy: RESIDENTIAL � COMMERCIAL � INDUSTRIAL � AGRICULTURAL � (iv) If the applicant is a prospective purchaser or lessee of the land, state whether the vendor or lessor has consented to the proposed development. YES � NO � © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 102 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS 4. (i) Describe briefly the proposed development including the purpose for which the land and/or buildings are to be used. ………………………………………………………………… ………………………………………………………………… ………………………………………………………………… (ii) If they are to be used for more than one purpose, give details. ………………………………………………………………… ………………………………………………………………… 5. State the purpose for which the land and/or buildings are now used, and if used for more than one purpose, give details. …………………………………………………………………………… …………………………………………………………………………… 6. State if the development involves: (i) the formation of a new access: YES � NO � (ii) the alteration of an existing access to or from a public road: YES � NO � Part II Additional Information Required Only if the Application is for the Construction of a Building (If There is More Than One Building, Give Separate Particulars for Each) 7. Type of Application (i) Outline development permission. (A grant of approval in principle which will be followed in the event of permission being granted by submission of further detailed drawings). � (ii) Detailed development permission. (Permission to carry out the development but not to commence construction until a Building Permit has been granted) � (iii) Grant of Building Permit. (Permission to commence construction of a building for which detailed develop ment permission has been granted) � © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 103 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS 8. If the building is to be used wholly or partly for residential purposes, state: (i) the number of habitable rooms (a) existing ............................... (b) proposed ............................... (ii) the total floor area of the non-residential part, if any, (in ft2 or m2) ............................... 9. If the building is to be used wholly or partly for industrial or commercial use, state (i) the nature of the proposed industry or business, including, if for industrial use, a brief description of the type of processes to be carried on .............................. .....……….............. ..........……………. ………….…….…. (ii) the total floor area (a) existing ....................................…… …........................…………. (b) proposed (ft2 or m2) ....................................…… …........................…………. (iii) the intended provisions for the loading and unloading of vehicles. ....................................…… ….....................…………… 10. Principal materials to be used. Walls: Roofs: (i) Material ……………………… (i) ……………………. (ii) Finish ………………………… (ii) ……………………. (iii) Colour …..……………………. (iii) ……………………. 11. Means of water supply ……………………………. 12. Total capacity of water storage tanks (imperial gallons or litres) (i) existing ………………………. (ii) proposed ……………………... 13. Means of sewage disposal ............................................. 14. Estimated cost of building $US .................................... © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 104 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS Part III Additional Information Required Only if the Application is for a Change of Use 15. How long has the present use existed? ............................................... 16. If the land and building are unoccupied, state purpose for which they were last used and date (if known) on which they were last occupied. .............................................. …………………………….. …………………............… 17. If the proposed use is for residential purposes, state number of dwellings proposed. …………………………….. ………………....................... 18. State total floor area concerned in change of use (ft2 or m2). …………………............… 19. State provision for car parking: (i) existing …………………………….. (ii) proposed (ft2 or m2) …………………………….. PLANS TO BE ATTACHED TO THIS APPLICATION An application for permission to develop land must be accompanied by three (3) sets of the plans and drawings associated therewith. To assist applicants in the preparation of such plans and drawings the appropriate standard requirements in respect of applications for particular types of development are as follows: Type of Application Plans Required Outline Development Permission Location Plan Site Plan Schematic Design Detailed Development Permission Location Plan Site Plan Building Plans Building Permit Location Plan Site Plan Detailed Building Plans © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 105 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS CONTENT OF PLANS LOCATION PLAN: A map normally to a scale of 1/2500 sufficient to identify the site. SITE PLAN: A plan based on the Register block plan normally to a scale of between 1/500 and 1/250, as appropriate, showing the following: (a) boundaries and dimensions of the site; (b) position of existing and proposed building or buildings; (c) proposed use of each building and of any land not built on; (d) area of site in acres and square feet or hectares and square metres; (e) main physical features of the site including roads, water tanks, trees, and ground conditions. Contours/spot elevations may be required where relevant; (f) a brief proposal of water supply and sewage disposal systems to be used. For Detailed Development Permission and Building Permit: (g) position and width of existing and proposed means of access; (h) existing and proposed lines and level of the drainage system and of all sewage systems including the distance from buildings, water tanks and site boundaries, distinguishing existing from proposed works; (i) existing and proposed power lines, telephone line and water pipelines; (j) in applications other than for a house, car parking provision, landscaping proposals and location of existing trees to be retained. BUILDING PLANS: Architectural and structural drawings showing full details of the proposed building, including plans, elevations, cross-sections and structural, mechanical, plumbing and sanitation details, as appropriate. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 106 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 2 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS CERTIFICATE REQUIRED TO ACCOMPANY APPLICATIONS FOR GRANT OF DEVELOPMENT PERMISSION (Regulation 15) For Official Use Only Application No: ........................................ Parcel No: ................................................. I, ............................................. (*on behalf of .................................................) certify that the total estimated cost of the whole of the development in respect of which the accompanying application is made (excluding the estimated cost of the construction of any fresh water storage or cistern) is $ .................................................. Signed ..................................................... *also give name of applicant if this form is completed by an agent. NOTE: The Regulations provide that an application for grant of permission to develop shall not be considered by the Board unless the appropriate fee has been paid at the time of the submission of the application. The fees payable are described on page 2: © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 107 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS Description of Applications Fees $ 1. Application for a grant of outline development permission to develop land including the subdivision of land into strata lots. 50.00 2. Application for a grant of detailed development permission to develop land including the subdivision of land into strata lots where the total estimated cost— (a) does not exceed $25,000 50.00 (b) exceeds $25,000 but does not exceed $100,000 150.00 (c) exceeds $100,000 but does not exceed $200,000 300.00 (d) exceeds $200,000 but does not exceed $300,000 450.00 (e) exceeds $300,000 but does not exceed $400,000 600.00 (f) exceed $400,000 but does not exceed $500,000 750.00 (g) exceeds $500,000 but does not exceed $1,000,000 1,500.00 (h) exceeds $1,000,000 0.2% of total estimated cost. 3. Application to change the use of land. 50.00 4. Application to display an advertisement. 50.00 5. Application to subdivide land other than into strata lots where the number of lots— (a) does not exceed 10 50.00 (b) exceeds 10 but does not exceed 50 250.00 (c) exceeds 50 but does not exceed 100 500.00 (d) exceeds 100 but does not exceed 500 1,500.00 (e) over 500 2,500.00 6. Application for extension of time to implement grant of development permission. 50.00 7. Copy of an entry in the register. 5.00 8. Application for an official search of departmental records. 25.00 © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 108 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 3 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS CERTIFICATE REQUIRED TO ACCOMPANY EXEMPT APPLICATIONS BY/ON BEHALF OF BELONGERS (Regulation 15) A. CERTIFICATE TO BE SIGNED BY THE BELONGER I, .....……………………...................................................... certify that: (1) I am a Belonger (2) the dwelling house in respect of which the accompanying application is made by me is intended to be occupied *by me/by ................................................................ who is a member of my family; and (3) the total estimated cost of the whole of the development in respect of which the accompanying application is made (excluding the estimated cost of the construction of any fresh water storage tank or cistern) DOES NOT exceed $100,000. *Delete as appropriate Signed: ................................................................ Date: ................................................................ B. CERTIFICATE TO BE SIGNED ON BEHALF OF BELONGER I, .......................................................……………………. certify that: (1) .......................................................………………... is a Belonger (2) the dwelling house in respect of which the accompanying application is made on behalf of the said Belonger is intended to be occupied *by him/her by .................................................. who is a member of his/her family; and (3) the total estimated cost of the whole of the development in respect of which the accompanying application is made (excluding the estimated cost of the construction of any fresh water storage or cistern DOES NOT exceed $100,000. *Delete as appropriate Signed: ............................................................…..…... on behalf of: .......................................................…...... Date: ..........................................................………...… © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 109 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 4 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF ASSESSMENT OF TOTAL ESTIMATED COST OF DEVELOPMENT (Regulation 16) For Official Use Only Application No: ............................................ Parcel No: ............................................……. In pursuance of powers conferred under the above-mentioned Regulations, and after taking into account such advice as I am required by the Regulations to take into account, I, ……........................................................ HEREBY ASSESS the total estimated cost of the development in respect of which application for a grant of development permission No: ......................... has been submitted to be $ .................................... The fee that is required to be paid in respect of the application for a grant of development permission is $ ................................................. Date: ........................................... Signed: ...........................................… DIRECTOR OF PLANNING NOTE: You may appeal to the Minister against this notice of assessment. If you wish to appeal, you must submit your notice of appeal on form DOP 5 attached within fourteen (14) days of the date on which this notice of assessment was served. Any communication about this notice should be addressed to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 110 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 5 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF APPEAL AGAINST ASSESSMENT OF TOTAL ESTIMATED COST OF DEVELOPMENT (Regulation 21) Application No: ........................................ Parcel No: ................................................. Return to: Director of Planning Department of Planning Grand Turk. I, (full name) .........................………………....……...................................... of (full address) ...........................................................…………………….... HEREBY APPEAL to the Minister against the notice of assessment of the total estimated cost of the development in respect of which an application for a grant of development permission No: ................................................... was served on me on ...................................................... by the Director of Planning. I enclose: (a) a copy of the notice of assessment of the total estimated cost of development; (b) a copy of the certificate DOP 3 or DOP 4 accompanying the application for grant of development permission; (c) a copy of the application for grant of development permission to which the certificate DOP 3 or DOP 4 and the notice of assessment relate; (d) a copy of all relevant correspondence. The grounds of my appeal are: ……………………………………………………………………………...… ……………………………………………………………………………...… ……………………………………………………………………………...… …………………………................................................................................... Date: .….......................................... Signed: ........................................... Signed: ................................................. Address: ............................................... Agent/Representative © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 111 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 6 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS APPLICATION FOR PERMISSION TO SUBDIVIDE LAND (Section 29(c))) This form should be completed in triplicate and sent to: The Director of Planning Department of Planning Grand Turk. For Official Use Only Application No: ..................................... Parcel No: .............................…............. Payment received: ................................. Date received: ....................................... I/WE hereby apply for permission to subdivide the land, of which particulars are furnished hereunder. Signed: ......................................……… Date: ............................................. IF SIGNED BY AN AGENT: Name: .............................................................………………………………... Profession/Occupation: .................................…………………………………. Address and Telephone/Telex/Fax No:……………..................................…... ………………………………………………………………………………... NOTES: (1) “Subdivide” in relation to land, means to divide a parcel of land into two or more parcels. (2) Failure to submit full details of the proposed subdivision as required by the instructions contained in this form, is likely to lead to unnecessary delay in dealing with the application. (3) This application must be signed by the owner of the land or his agent, where the application is submitted on behalf of the Government, it must be signed by a public officer. IMPORTANT It must be clearly understood that any action taken by applicants before receipt by them of the written decision is entirely at their own risk, and that in the event of operations proceeding without permission, those responsible may make themselves liable to the penalties laid down in section 88 of the Ordinance and development carried out unlawfully may be removed by order of the Board under sections 45-48 of the Ordinance. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 112 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS Particulars of Land Proposed To Be Subdivided 1. Name and address of applicant (IN BLOCK CAPITALS) ................................................................................................................... ................................................................................................................... ................................................................................................................... 2. (i) Address or location of the land to be subdivided in sufficient detail to enable it to be readily identified. …………………………...… …………………………...… ……………………………... (ii) Block and parcel number. ……………………………... (iii) Area of site (in acres/ft2 or hectares/m2). ……………………………... (iv) Present use/uses of the land. ……………………………... 3. (i) Particulars of the applicant’s interest in the land: OWNER � LESSEE � PROSPECTIVE PURCHASER � OTHER � If other state interest ................................. (ii) If not the owner state name and address of owner (except in the case of Crown land a letter from the owner/occupier must be attached to this application stating that he/she/they is/are aware that the application is being made) ..........................................…. ..................…………………. ……………………………... ……………………………... (iii) If lessee state nature of tenancy: RESIDENTIAL � COMMERCIAL � INDUSTRIAL � AGRICULTURAL � OTHER: …………………………………... (iv) If the applicant is a prospective purchaser or lessee of the land, state whether the vendor or lessor has consented to the proposed development. YES � NO � (v) Particulars of any easement, profits, encumbrances or mortgages affecting the land. ............................................... ................…………………... © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 113 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS 4. Description of proposed subdivision including number and use of proposed lots ………………………………………………………………...… ………………………………………………………………...… ………………………………………………………………...… …………................................................................…………….. 5. Does the subdivision involve: (i) new roads YES � NO � (ii) the joining of any such roads to a public highway YES � NO � 6. State means of: (i) Water supply ..........................................…. (ii) Sewage disposal ............................................... (iii) Waste disposal ............................................... (iv) Storm water disposal ............................................... 7. State provision for maintenance of infrastructure ............................................... 8. State provision of land for public purposes ............................................... Plans to be Attached to the Application Plans in triplicate, should be submitted with this application in sufficient detail to enable the Board to determine the application. They should be drawn or reproduced to a recognised scale in a clear and intelligible manner on suitable durable material and should be signed on every sheet by the applicant or by his agent, all copies being true copies of the original plan or plans. One set of the plans submitted will be returned to the applicant. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 114 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS Contents of Plans LOCATION PLAN A plan normally to a scale of 1/2500 sufficient to identify that site. SITE SUBDIVISION PLAN: A plan based on the Register block plan normally to a scale between 1/500 and 1/250 as appropriate showing the following (i) particulars of all adjacent roads and properties sufficient to identify the site on the ground; (ii) the position, number and lot sizes of the proposed subdivision; (iii) all buildings (temporary and permanent) existing or proposed; (iv) the positions and details of any easements, rights of way, power lines, wayleaves, etc.; (v) all roads, drains, major physical features and watercourses within the area to be subdivided; (vi) all existing survey information including position of existing beacons, contours at 5ft intervals, etc.; (vii) a north point; (viii) proposed method of access to all lots and details of all roads, bridges, culverts etc., including dimensions and construction specifications. (ix) details of the provision of water supply, sewage, waste and storm water disposal, electricity and telecommunications. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 115 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 7 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS APPLICATION FOR PERMISSION TO DISPLAY AN ADVERTISEMENT (Section 29(d)) This form should be completed in triplicate and sent to: The Director of Planning Department of Planning Grand Turk. For Official Use Only Application No: ......……........................ Parcel No: ...........................................… Payment received: ................................... Date received: ......................................... I/WE hereby apply for permission to display an advertisement as described in this application: Signed: .................................. Date: ................................................ IF SIGNED BY AN AGENT: Name: ....................................................………………………………..... Profession/Occupation: ...................................................…………...…... Address and Telephone/Telex/Fax No: ..........................................…... ................................................................................................................ NOTES: 1. “Advertisement” means any word, letter, model, sign, placard, board, notice, poster, device or representation, whether illuminated or not, in the nature of and employed wholly or partly for the purposes of advertisement, announcement or direction, and includes any hoarding or similar structure used or adapted for use for the display of advertisements. 2. Failure to submit full details of the proposed advertisement as required by the instructions contained in this form, is likely to lead to unnecessary delay in dealing with the application. 3. Form DOP 2 and the appropriate fee must accompany this application. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 116 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS Important It must be clearly understood that any action taken by applicants before receipt by them of the written decision is entirely at their own risk, and that in the event of operations proceeding without permission, those responsible may make themselves liable to the penalties laid down in section 88 of the Ordinance and development carried out unlawfully may be removed by order of the Board under section 45-48 of the Ordinance. Particulars of Advertisement 1. Name and address of applicant (IN BLOCK CAPITALS) ……………………………………………………………………….. ……………………………………………………………………….. ……………………………………………………………………….. 2. (i) Address or location of the site where the advertisement is to be displayed …………………………… …………………………… …………………………… (ii) Block and parcel number …………………………… 3. (i) Particulars of the applicant’s interest in the land OWNER � LESSEE � PROSPECTIVE PURCHASER � OTHER � If other state interest ................................... (ii) If not the owner, state name and address of owner (except in case of Crown land, a letter from the owner/ occupier must be attached to this application stating that he/she/they is/are aware that the application is being made) …………………………… …………………………… …………………………… …………………………… (iii) If lessee, state nature of tenancy: RESIDENTIAL � COMMERCIAL � AGRICULTURAL � INDUSTRIAL � (iv) If the applicant is a prospective purchaser or lessee of the land, state whether the vendor or lessor has consented to the proposed development YES � NO � © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 117 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS 4. Details of proposed advertisement (i) Materials of construction .........................…………... (ii) Method of display (e.g. free standing, fixed to building, poster, hoarding, sky sign, etc.) …………………………… …………………………… …………………………… (iii) Illuminated YES � NO � (iv) Flashing YES � NO � If YES state period ………………………… Stationary YES � NO � (v) What precautions are to be taken to prevent radio interference ……………………………………………………………… (vi) Colour(s) of advertisement .......................................... (vii) Maximum height above ground Minimum height above ground .......................................... .......................................... (viii) Dimensions .......................................... (ix) Double sided YES � NO � (x) Method of fixing .......................................... (xi) Period of display (cannot exceed three years) .......................................... (xii) List any existing advertisements on the site or building ............................................ ............………………… (xiii) Any further information ............................................ ............………………… © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 118 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS Plans to be attached to this Application Drawings in triplicate should be submitted with this application in sufficient detail to enable the Board to determine the application. They should be drawn or reproduced to a recognised scale in a clear and intelligible manner on suitable durable material, and should be signed on every sheet by the applicant or his agent, all copies being true copies of the original. One set of the drawings submitted will be returned to the applicant. Contents of Plans LOCATION PLAN: A plan normally to a scale of 1/2500 sufficient to identify the site. SITE PLAN: A plan based on the Register block plan normally to a scale between 1/500 and 1/250 showing the position of the advertisement in relation to existing buildings, adjoining properties, roads and site features. DETAIL PLANS: Showing: (i) Full details of advertisement showing design, wording, colours, construction and method of fixing. (ii) Elevations (and/or photographs) of the site or building showing clearly the position of the proposed advertisement and all existing advertisements. (iii) Any further information, including sections of buildings, structural details etc., to describe the development, or as may be required by the Board in order to determine the application. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 119 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 8 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS REQUEST FOR FURTHER INFORMATION (Section 32) To: .........................................................………………………………….. …………………………………………………………………………… Your planning application dated .....................……….… is acknowledged. Our Reference No: .....................………………………………………….. Please supply the following additional information: ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… To enable the application to be dealt with promptly, this information should be supplied as soon as possible, but in any event by ...........................…………........ (date). Your plans are returned herewith/have been retained in this Office. Date: ...................................... ……………………………… Director of Planning Department of Planning Grand Turk To whom any communication concerning this notice should be addressed. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 120 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 9 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF DEFERRAL OF CONSIDERATION OF APPLICATION (Regulation 9) To: .................................................. …………………………………... Application No: ................................. Parcel No: ..........................………… Your planning application dated .................................................. was considered by the Board at its meeting on ..................................................... but was deferred for the following reason(s): ………………………………………………………………………..…… …………………………………………………………………..………… …………………………………………………………………………….. …………………………………………………………………………….. Your application will be given further consideration when the matter(s) specified above have been satisfactorily dealt with and your application and/or plans and drawings amended or revised as required. Date: ............................................ ................................................................ Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 121 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 10 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS GRANT OF OUTLINE DEVELOPMENT PERMISSION (Section 30) Application No: ............................. Block & Parcel No: ......................... To: ..................................…………………………………...........…………… In pursuance of powers conferred under the above mentioned Ordinance, the Board hereby GRANTS in accordance with the terms and conditions authorised by the Ordinance, approval in principle to undertake the following development: ……………………………………………………………………….. as described in your application for a grant of outline development permission dated ................................................................ and in the plans and drawings attached thereto, subject to compliance with the relevant statutory provisions and with the following conditions: 1. The submission to and approval by the Board of full details of the development. 2. See Notes 1 and 2 The reason(s) for the imposition of the condition(s) specified (or attached) is/are: One copy of the application and the accompanying plans and drawings are returned with this grant. Date: …………………………. Signed: ………………..………………… DIRECTOR OF PLANNING NOTES: 1. An outline development permission means a development permission granted on the basis of an application for outline development permission, which gives approval in principle to the development the subject of the application for outline development permission, but does not of itself permit any development to be commenced. See section 29(a) Physical Planning Ordinance. 2. An application for detailed development permission must be sub mitted to the Director of Planning within one year of the date of noti fication of this Grant, failing which, this Grant will lapse and cease to have any effect. You may however ask for an extension of that one year period, and if it is granted, this Grant will remain valid, and effective for the period of the extension. See section 37 Physical Planning Ordinance. All communications relating to this decision should be addressed to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 122 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 11 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS GRANT OF DETAILED DEVELOPMENT PERMISSION (Section 30) Application No: ............................. Block & Parcel No: ......................... To: ..................................………………………………………...........……… In pursuance of powers conferred under the above mentioned Ordinance, the Board hereby GRANTS in accordance with the terms and conditions authorised by the Ordinance, detailed development permission to undertake the following development: ......................................................…………………………………........ more particularly described in your application for a grant of detailed development permission dated ................................................................ and in the plans and drawings attached thereto, subject to compliance with the relevant statutory provisions and with the following conditions: 1. See Notes 2, 3 and 4 below. The reason(s) for the imposition of the condition(s) specified is/are attached. One copy of the application and the accompanying plans and drawings are returned with the Grant. Dated: ................................……......... .............................................………. DIRECTOR OF PLANNING NOTES: 1. You may appeal to the Minister against the conditions imposed on this Grant of detailed development permission. Any appeal must be made on the appropriate form within 28 days of the date of notification of this Grant. 2. This grant of detailed development permission is valid for three years from the date of notification. If, within that period of three years, you have not commenced the development for which you have obtained this Grant of detailed development permission, the grant lapses and ceases to have effect. You may, however, before the end of the period of the three years, seek an extension of the period from the Board. The fee for applying for an extension is $50. See section 37, Physical Planning Ordinance. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 123 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS 3. If the period of three years has passed and you wish to renew your application, you may do so by submitting a new application and paying the appropriate fee for that application. Any new application will be considered on its merits as an application separate and different from any previous application and the Board will have the power to reject the application or impose such conditions as it thinks fit on such an application irrespective of whether they were imposed on a previous application for a grant of detailed development permission for the same development. 4. This grant of detailed development permission does not by itself permit construction to take place unless this grant of detailed development permission is accompanied by a Building Permit issued by the Director of Planning. See section 66 Physical Planning Ordinance. 5. Any communication concerning this grant should be addressed to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 124 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 12 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS GRANT OF DEVELOPMENT PERMISSION TO SUBDIVIDE LAND (Section 30) Application No: ............................. Parcel No: ...................................…. To: ..............................................................………..…………………………. In pursuance of powers conferred under the above mentioned Ordinance, the Board hereby GRANTS, in accordance with the terms and conditions authorised by the Ordinance, permission to subdivide land as follows: …………………………………………………………..…………. as described in your application for a grant of permission to subdivide land dated ................................................................ and in the plans and drawings attached thereto, subject to compliance with the relevant statutory provisions and with the following conditions: 1. See notes 2 & 3 below. The reason(s) for the imposition of the condition(s) is/are: One copy of the application and the accompanying plans and drawings. Dated: ........................................... ............................................................ DIRECTOR OF PLANNING NOTES: 1. You may appeal to the Minister against the conditions imposed on this grant of permission to subdivide land. Any appeal must be made on the appropriate form within 28 days of the date of notification of this grant. 2. This grant of development permission is valid for three years, from the date of notification. If within that period of three years you have not commenced the development for which you have obtained this grant of development permission, the grant lapses and ceases to have any effect. You may however before the end of the period of three years, seek an extension of the period from the Board. The fee for applying for an extension is $50. See section 37, Physical Planning Ordinance. 3. If the period of three years has passed and you wish to renew your ap plication, you may do so by submitting a new application, and paying the appropriate fee for that application. Any new application will be considered on its merits as an application separate and different from any previous application and the Board will have the power to refuse the application or impose such conditions as it thinks fit on such an appli cation irrespective of whether they were imposed on a previous applica tion for a grant of development permission for the same development. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 125 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 13 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS GRANT OF PERMISSION TO DISPLAY AN ADVERTISEMENT (Section 30) Application No: ............................ Parcel No: ….................................... To: ..................................................……………………………… In pursuance of powers conferred under the above mentioned Ordinance, the Board hereby GRANTS in accordance with the terms and conditions authorised by the Ordinance, permission to display an advertisement as described in the application and shown on the plans and drawings attached thereto subject to compliance with the following statutory provisions and with the following condition(s): A. Statutory Provisions: This permission is limited to a period of 3 years from the date of notification. If after the expiration of three years you wish to renew your application you may do so by submitting a new application and paying the appropriate fee for that application. B. Conditions: 1. This permission unless specifically stated, shall not authorise the display of an advertisement on Crown land unless and until approval and/or licence to do so has been obtained from the relevant department of government. 2. The advertisement shall be maintained in a structurally safe and good condition, and shall not in any way be a hazard to traffic. 3. The reason(s) for the imposition of the condition(s) is/are as follows: 4. Further conditions: (a) A separate approval and/or licence is required for development on Crown land. (b) The advertisement shall be in the interests of amenity and public safety. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 126 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS One copy of the application and the accompanying plans and drawings are returned with this grant. Dated: ................................. Signed: ............................................ DIRECTOR OF PLANNING NOTES: 1. You may appeal to the Minister against the conditions set out in paragraph B above imposed on this grant. You should note however, that you may not appeal against any statutory conditions or limitations on a display of an advertisement which are provided for by the Ordinance or by the Regulations, and are set out in paragraph A above. 2 Any appeal must be made within 28 days of the date of notification of this decision. 3. All communications relating to this decision should be addressed to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 127 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 14 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS REFUSAL OF PERMISSION TO DEVELOP (Section 30) Application No: .............................. Parcel No: ......……........................... To: .............................……………………………..…………………………. In pursuance of powers conferred under the above-mentioned Ordinance, the BOARD hereby REFUSES to grant permission to carry out the following development: ……..……………………………………………………………………… …………………………………………………………………………….. as described in your application for grant of permission dated ........................ and in the plans and drawings attached thereto. The reason(s) for the Board(s) refusal is/are as follows: …………………………………………………………………………..… ………………………………….…………………………………………. Dated: .....................…...…................ Signed: .........……............................. DIRECTOR OF PLANNING NOTES: 1. You may appeal to the Minister against this refusal of a grant of development permission. An appeal form is enclosed with this Notice of Refusal. 2. Any appeal must be made within 28 days of the date of notification of this refusal. 3. You may submit an amended or revised application to the Board. Any such application will be a new application and the appropriate fee will have to be paid at the time the application is submitted. 4. You are advised to discuss any revised or amended proposal for development with the Department of Planning before resubmitting an application for a grant of development permission. All communications relating to this decision should be addressed to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 128 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 15 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF APPEAL (Section 82) This form should be completed in triplicate and sent to: The Director of Planning Department of Planning Grand Turk. For Official Use Only Application No: ......................... Parcel No: .......………………… I (full name in BLOCK LETTERS) ..................................................……... of (full address) ......……………………...........................................….......... HEREBY APPEAL to the Minister against the decision of the Board to: � refuse a grant of development permission for the development as described below; � grant development permission for the development as described below, subject to the below conditions; � revoke/modify a grant of development permission as described below. Particulars of the Appeal Description and situation of the land or building to which the appeal relates: …………………………………………………………………………..… …………………………………………………………………………..… …………………………………………………………………………….. Description of the *development/*construction …………………………………………………………………...….…… …………………………………………………………………………… Precise grounds of appeal (continue on separate sheet if necessary) …………………………………………………………………………… …………………………………………………………………………… …………………………………………………………………………… Date of Board’s decision: ................................................................ *Strike out inappropriate words © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 129 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS I enclose *(a) a copy of the application for a grant of development permission in respect of the development; *(b) a copy of all relevant plans and drawings and relevant information submitted to the Board in respect of the application; *(c) a copy of the Notice of the relevant correspondence with the Director of Planning. *Delete whichever is inapplicable. Date: ................…………………….. Signed: ..................…........................ Appellant Signed: .......................…………....... Agent/Representative (if any) Address:...........….............................. .........……………………………….. .…………………………………….. (for correspondence concerning this appeal). © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 130 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 16 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE TO APPLY FOR GRANT OF DEVELOPMENT PERMISSION (Section 52) To: ..........................................……. ………..…………………………… …………………………..………… Application No: ....................…....... Parcel No: ............................…..….. 1. In pursuance of powers conferred under the above-mentioned Ordinance I ..........................………..................................... am satisfied that the development described below is unauthorised development and you are liable to have an enforcement notice served on you requiring you to cease that development. 2. You may apply for a grant of development permission in respect of the development described below and I accordingly HEREBY SERVE this notice on you to require you to apply for a grant of development permission in respect of the development described below. 3. Failure to apply for a grant of development permission within twenty eight days of the date of service of this notice may result in an enforcement notice being served on you and your becoming liable to the penalties set out in section 88 of the Ordinance. Brief description of the above development to which the notice relates and the location of the land on which the development is being carried out. Dated: ...................................……... Signed: ........……….......................... DIRECTOR OF PLANNING NOTES: You may obtain the appropriate forms for an application for a grant of development permission from the Department of Planning. Any communications about this notice should be sent to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 131 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 17 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS ENFORCEMENT NOTICE (Section 45) To: ........………….............………. …………………………………… …………………………………… Date of coming into Effect: ............. File Ref. No: .................................... 1. Name and address of owners of the land on which unauthorised development is, or has been, taking place: 2. Name and address of every known occupier of the land on which unauthorised development is, or has been, taking place: 3. Nature of the unauthorised development and approximate date of its commencement: 4. Steps to be taken to rectify the unauthorised development: 5. Time by which steps set out in 4 above must be taken: 6. Right of the person(s) on whom an enforcement notice is served: © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 132 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS You may: (a) seek a reconsideration of the notice from the Board within 28 days of the date of service of the notice; (b) appeal to the Minister against a decision of the Board to confirm the service of the notice. NOTE: Your attention is directed to FORM DOP 18 available from the Department of Planning, which sets out what you must do if you wish to exercise your right to appeal. Dated: ................................................ Signed: ............................................... DIRECTOR OF PLANNING NOTES: 1. This enforcement notice is issued with the consent of the Minister. 2. “Unauthorised development” means any development for which a grant of development permission has not been obtained and which is not permitted development authorised under subsection (2) of section 28. 3. If under 6 above you apply for reconsideration or appeal, this enforcement notice shall be suspended pending the final determination of the application. 4. The penalties for non-compliance with an enforcement notice go up to a fine of $10,000 or six months imprisonment together with a fine of $100 for every day after the initial conviction that the notice is not complied with. 5. If you do not comply with an enforcement notice, the Board is empowered by law to authorise the Director, with such assistance as may be necessary to enter your land and take any necessary action to rectify the unauthorised development and claim the costs of doing so from you. 6. Any communication about this notice should be addressed to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 133 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 18 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF APPEAL AGAINST ENFORCEMENT NOTICE (Regulation 18) To: Director of Planning Department of Planning Grand Turk. For Official Use Only Application No: ...................................... Parcel No: …...............................…......... I (full name) ..................................................………………………………... of (full address) ...............................................……………………................ HEREBY APPEAL to the Minister against the enforcement notice served on me on ................................................................ by the Director of Planning (File Ref. No: ................................................................ ) and confirmed on ................................................................ by the Board. I enclose: *(a) a copy of the enforcement notice; *(b) a copy of the grant of development permission relating to the development in respect of which the enforcement notice has been served; *(c) a copy of all relevant correspondence with the Director of Planning about the enforcement notice. * Delete whichever is inapplicable. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 134 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS The grounds of my appeal are: � (a) I am not the owner of the land on which the development, the subject of the enforcement notice, is taking place; � (b) I am not the occupier of the land on which the development, the subject of the enforcement notice, is taking place; � (c) The development which is taking place is permitted development; � (d) The development which is taking place is not contravening any provisions of the Ordinance; � (e) The development which is taking place is not contravening any term or condition subject to which a grant of development permission was made to carry out the development; � (f) It would be just and reasonable to allow the development to continue; � (g) I am a purchaser/prospective purchaser of land as specified in s. 49 of the Ordinance, served notice under that section, and did not receive notification of the breach within the time limit specified. Tick (3) the ground(s) of appeal on which you intend to rely. NOTE: Only these grounds of appeal may be put forward. Any other grounds will be ignored. Regulation 18. Further details of the grounds of appeal being relied on: (continue on separate sheet if necessary) Date: ............................... Signed: ................................………………. Appellant Signed: ......................................…………... Agent/Representative Address: .....................................………… …………………………………………… …………………………………………… (for correspondence concerning this appeal) © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 135 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 19 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF REVOCATION* OR MODIFICATION* OF GRANT OF DEVELOPMENT PERMISSION (Section 41) To: .....................................……… …………………………………… …………………………………… For Official Use Only Application No: ................………...… Parcel No: ................................….... In pursuance of powers conferred under the above mentioned Ordinance, the Board hereby REVOKES*/MODIFIES* the grant of development permission to notified to you on ...................................................………………….. The reason(s) for this revocation*/modification* is*/are*: You are hereby directed to take the following action to comply with this revocation*/modification*: Dated: ................……............ Signed: .................................................... DIRECTOR OF PLANNING *Delete whichever is inapplicable. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 136 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS NOTES: 1. You may appeal to the Minister against this notice of revocation/modification. 2. Any appeal must be made on the appropriate form obtained from the Department of Planning within twenty-eight days of the date of notification of this notice of revocation/modification. 3. If you have incurred any expenses necessarily arising out of the development of land in accordance with the grant of development permission hereby revoked or modified or if you have otherwise suffered loss or damage directly attributable to the revocation or modification you may be able to claim compensation in respect of your losses. You or your agent are advised to seek further information on your possible right to compensation from the Director of Planning, and refer to part IX of the Physical Planning Ordinance. 4. Any claim for compensation must be made within 3 months of the date of the notification of this revocation/modification so you are advised not to delay in seeking further advice on the matter. 5. It must be clearly understood that failure to comply with this notice of revocation/modification may lead to an enforcement notice being served, in respect of the development which is taking place in contravention of this notice of revocation/modification, on those responsible, making themselves liable to the penalties laid down in section 88 of the Ordinance, and to entry on the land and enforcement action under section 45 of the Ordinance being taken in respect of the development. Your attention is therefore directed again to Note 2 above. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 137 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 20 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE TO COMPLETE DEVELOPMENT (Section 37) To: .....................................……… …………………………………… …………………………………… For Official Use Only Application No: ................………...… Parcel No: ...............................…….... In pursuance of powers conferred under the above mentioned Ordinance, the Board hereby DIRECTS you to complete the following development— for which you received a grant of development permission dated ......................................................... by ........................................................ Dated: ............................................ Signed: ............................................... DIRECTOR OF PLANNING NOTES: 1. If you are unable or unlikely to complete the development by the date specified in the notice, you must apply to the Board for an extension of time, to enable you to complete the development. The appropriate form is available from the Department of Planning. 2. Any communication about this notice should be addressed to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 138 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 21 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS APPLICATION FOR EXTENSION OF TIME TO IMPLEMENT A GRANT OF DEVELOPMENT PERMISSION (Section 37) This form should be completed in triplicate and sent to: The Director of Planning Department of Planning Grand Turk. For Official Use Only Application No: .................................. Parcel No: …....................................... Date received: ……………………… I hereby apply for an extension of time to implement the grant of development permission, for the following development— Block & Parcel No: ........................... Application No: ............................... Description of Development: ...............................………..……..................... made to me on ................................................................ My reason(s) for requiring an extension of time is/are: ……………………………………………………………….……………… The extension of time I require is .........................................................………....…………………………… Type of grant of development permission: ............................................… (state whether outline, detailed, subdivision, display of advertisement). Dated: .......................................... Signed: ........................................…... Applicant Signed: ............................................... Agent/Representative Address: ………………...……….…… ............................................................ (for correspondence concerning this application) © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 139 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 22 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS GRANT/REFUSAL OF EXTENSION OF TIME TO IMPLEMENT A GRANT OF DEVELOPMENT PERMISSION (Section 37(2)) To: .....................................……… …………………………………… …………………………………… For Official Use Only Application No: ................………...… Parcel No: ...............................…….... In pursuance of powers conferred under the above mentioned Ordinance, the Board hereby Grants/Refuses an extension of ......................................... to enable you to implement the grant of development permission dated ……………......................... for the following development: Dated: .................................. Signed: ................................................. DIRECTOR OF PLANNING NOTES: A further extension of time may be applied for using the appropriate form but no undertaking whatsoever is hereby given or implied that a further extension, if applied for, will be granted. Any communication about this matter should be addressed to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 140 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 23 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF DRAFT BUILDING PRESERVATION ORDER (Section 54) To: ................................................... ……………………………………... File Ref. No: ................................... In pursuance of powers conferred under the above mentioned Ordinance, the Board has recommended to the Minister that for architectural/landscape/ cultural/historical or other similar reasons the building(s) described below is/are made the subject of a Building Preservation Order (a copy of the Order is attached), and shall not from the date of this notice be developed, demolished or altered in any way without the permission of the Board. Anyone contravening the Order may incur the penalties set out in section 88 of the Ordinance. Dated: .......................................... Signed: ............................................... DIRECTOR OF PLANNING NOTES: 1. You may make representations to the Minister against the Building Preservation Order. If you wish to do so, you must submit these to the Director of Planning within 28 days of the service of this Notice. 2. This Notice remains in full force and effect unless and until it is altered, amended or quashed. You may not therefore demolish or undertake any construction work on the building(s) to which the Order applies (other than essential repair work) even though you have made representation against the Order. 3. If you wish to seek advice on what counts as essential repair work or on any other matter connected with this Order, you should direct your communication to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 141 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 24 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF BUILDING PRESERVATION ORDER (Section 54) To: ................................................... ……………………………………... File Ref. No: ................................... In pursuance of powers conferred under the above mentioned Ordinance, and after considering the report and recommendation from the Board and any representation made by you, I ………..................................................... being of the opinion that it is desirable for architectural/landscape/ cultural/historical reasons hereby declare that the building(s) described below is/are made the subject of a Building Preservation Order (copy attached) and shall not, from the date on which this order comes into effect be developed, demolished or altered in any way without the permission of the Board. Anyone contravening this Order may incur the penalties set out in section 88 of the Ordinance. Dated: ............................................. Signed: ............................................... DIRECTOR OF PLANNING © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 142 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 25 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF INTERIM BUILDING PRESERVATION ORDER (Section 55) To: ................................................... ……………………………………... File Ref. No: ................................... In pursuance of powers conferred under the above mentioned Ordinance, I have recommended to the Board that for architectural/landscape/cultural/ historical reasons the building(s) described is/are made the subject of a Building Preservation Order and, in view of the urgency of the matter, and the significance of the building(s), have made an Interim Building Preservation Order (copy attached). The building(s) shall not from the date on which any Interim Order comes into effect be developed, demolished or altered in any way without the permission of the Board. Anyone contravening this Order may incur the penalties set out in section 88 of the Ordinance. Dated: ........................................... Signed: ............................................. DIRECTOR OF PLANNING NOTES: 1. This Interim Order has been made as a matter of urgency. It has now to be considered by the Board and forwarded with recommendations to the Minister for consideration within 56 days. You will be advised if so considered and will then have the opportunity to make representations to the Minister. 2. In the meantime this Order remains in full force. You may not therefore demolish or undertake any construction work on the building(s) to which the Order applies (other than essential repair work) even though you have made representations against the Order. 3. If you wish to seek advice on what counts as essential repair work or on any other matter connected with this Order, you should direct your communication to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 143 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 26 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF DRAFT PLANT PRESERVATION ORDER (Section 56) To: ................................................... ……………………………………... File Ref. No: ................................... In pursuance of powers conferred under the above mentioned Ordinance, the Board has recommended to the Minister that for amenity/landscape/environ mental/scientific or other similar reasons the plant(s) described below is/are made the subject of a Plant Preservation Order (copy attached). The plant(s) shall not from the date on which this Order comes into effect be lopped, topped, trimmed, cut down, willfully damaged, destroyed or in any way interfered with. Anyone contravening this Order may incur the penalties set out in section 88 of the Ordinance. Dated: ........................................... Signed: ............................................ DIRECTOR OF PLANNING NOTES: 1. You may make representations to the Minister against this Plant Preservation Order. If you wish to do so, you must submit these to the Director of Planning within 28 days of the date of this Order coming into effect. 2. This Order remains in full force and effect unless and until it is altered, amended or quashed. You may not therefore lop, top, trim, cut down, willfully damage, destroy or in any way interfere with any plant to which this Order applies even though you have made representations against the Order. 3. If you wish to seek advice on what counts as essential repair work or on any other matter connected with this Order, you should direct your communication to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 144 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 27 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF PLANT PRESERVATION ORDER (Section 56) To: ................................................... ……………………………………... File Ref. No: ................................... In pursuance of powers conferred under the above mentioned Ordinance and after considering the report and recommendation from the Board and any representations made by you, I ………………........................................ being of the opinion that it is desirable for amenity/landscape/ environmental/scientific or other similar reasons, hereby declare that the plant(s) described below located on the land specified below is/are made the subject of a Plant Preservation Order (copy attached). The plant(s) shall not from the date on which this Order comes into effect be lopped, topped, trimmed, cut down, willfully damaged, destroyed or in any way interfered with. Anyone contravening this Order may incur the penalties set out in section 88 of the Ordinance. Dated: ......................................... Signed: ............................................. DIRECTOR OF PLANNING © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 145 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 28 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF INTERIM PLANT PRESERVATION ORDER (Section 56) To: ................................................... ……………………………………... File Ref. No: ................................... In pursuance of powers conferred under the above-mentioned Ordinance, I have recommended to the Board that for amenity/landscape/environmental/ scientific or other similar reasons the Plant(s) described below is/are made the subject of a Plant Preservation Order and, in view of the urgency of the matter, and the significance of the Plant(s), have decided to make an Interim Plant Preservation Order (copy attached). The Plant(s) shall not from the date on which this Order comes into effect be lopped, topped, trimmed, cut down, willfully damaged, destroyed or in any way interfered with. Anyone contravening this Order may incur the penalties set out in section 88 of the Ordinance. Dated: .......…................................... Signed: ............................…….......... DIRECTOR OF PLANNING NOTES: 1. This interim order has been made as a matter of urgency. It has now to be considered by the Board and forwarded with recommendations to the Minister for consideration within 56 days. You will be advised if so considered and will then have the opportunity to make representations to the Minister. 2. In the meantime, this Order remains in full force and effect. You may not therefore lop, top, trim, cut down, willfully damage, destroy or in any way interfere with any plant to which this Order applies even though you have made representations against the Order. 3. If you wish to seek advice on what counts as essential repair work or on any other matter connected with this Order, you should direct your communication to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 146 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 29 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS APPLICATION TO CUT A PLANT THE SUBJECT OF A PLANT PRESERVATION ORDER (Section 56) This form should be completed in triplicate and sent to: The Director of Planning Department of Planning Grand Turk. For Official Use Only File Ref. No: .............................. I, (full name) .............................................................……..………………. of (full address) .......................................................………………....... hereby apply for permission to *cut/*cut down/*trim/*lop/*dig up/*take cuttings from/*top/*(other) (*Delete whichever is inapplicable) the plant(s) described below which is/are the subject of a Plant Preservation Order dated ……………………… My reason(s) for applying for this permission is/are: Brief description of the plant(s), the subject of this application: Precise description of action being applied for and how it will affect the plant(s): Dated: ...................................... Signed: .........……………………….. NOTE: This application form must be accompanied by a plan of the land showing the precise location of the plants, the subject of the application, and their relationship to buildings and other plants on the land and on neighbouring land. The plan should be to a suitable scale. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 147 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS FORM DOP 30 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS PERMISSION/REFUSAL TO CUT A PLANT THE SUBJECT OF A PLANT PRESERVATION ORDER (Section 56) To: ................................................... ……………………………………... File Ref. No: ................................. In pursuance of powers conferred under the above mentioned Ordinance, I ....................................................…....…………..... hereby PERMIT/ REFUSE the following action to be taken in respect of the plant(s) described below and set out in your application dated ...............…………... subject to the conditions specified below: Action which may be taken: Plant(s) in respect of which action may be taken: Conditions subject to which action may be taken: Dated: ............................................. Signed: ..................…...................... DIRECTOR OF PLANNING NOTE: Any communication concerning this permission should be addressed to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 148 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 31 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS AMENITY ORDER (Section 58) To: ..................................................... ……………………………………... File Ref. No: ................................... In pursuance of powers conferred under the above mentioned Ordinance, and after considering the report and recommendation from the Board I ................................................……………………………................ hereby Order you to clear/screen the land and building(s) to which this Order applies as more particularly described below, in the manner specified below by ................................................................ Failure to comply with this Order may result in your incurring penalties of a fine and/or imprisonment as specified in section 88 of the Ordinance and the work required being carried out on the land by officials to my orders. Name and address of owner(s): Name and address of occupier(s): Land to which the order applies: © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 149 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS *Building(s) on the land which must be repaired, painted or demolished: (state which) *Date by which work on building(s) must be done: *Rubbish etc., on land which must be removed or destroyed: (state which) *Place to which rubbish must be removed: *Date by which rubbish must be removed or destroyed: *Nature, type of location of screening required: *Date by which screening must be erected: *Delete whichever is inapplicable. Brief statement of reason(s) for the Order; Dated: ........................................... Signed: .....................………............ DIRECTOR OF PLANNING NOTES: 1. You may appeal against this Order. If you wish to appeal you must fill in and submit the appropriate form to the Director of Planning within 28 days of the date of the receipt of notification of this Order. 2. The penalties which you may incur if you fail to comply with this Order are a fine of up to $10,000 or a term of imprisonment of up to six months or both fine and imprisonment. 3. Any communication concerning this Order should be addressed to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 150 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 32 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF APPEAL AGAINST AMENITY ORDER (Section 59) To: Director of Planning Department of Planning For Official Use Only File Ref. No: ................................ I (full name) .......................................…...........……………………………… of (full address) .............................................…………..…………….............. HEREBY APPEAL to the Minister against the Amenity Order served on me on ..........................…………………… I Enclose: (a) a copy of the Amenity Order; (b) a copy of all relevant correspondence about the Amenity Order. The grounds of my appeal are: � (a) I am not the owner of the land to which the Amenity Order applies; � (b) I am not the occupier of the *land and/or building(s) to which the Amenity Order applies; � (c) I am not authorised by the *owner/*occupier of the *land/ *building(s) to undertake any of the work specified in the Amenity Order; � (d) I have no control over the depositing of rubbish, etc., on the land to which the Amenity Order applies; � (e) The time by which the work specified in the Order must be completed is not reasonably sufficient for the purpose; � (f) The work specified in the Amenity Order is unreasonable in character or extent, or is unnecessary; � (g) The Order is unreasonable and/or discriminatory having regard to land and buildings in the immediate neighbourhood or visible to persons using the highway; © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 151 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS � (h) The provisions of section 58 of the Ordinance governing the mak ing and serving of an Amenity Order were not complied with in the following respects; that is to say: � (i) On a point of law, being— Tick (3) the ground(s) of appeal on which you intend to rely. N.B. Only these grounds of appeal may be put forward. Any other grounds will be ignored. (section 59) *Delete whichever is inapplicable. Date: ........................…………..... Signed: ................................................ Appellant Signed: .................................................. Agent/Representative Address: ...................……..................... ..................………………..…………… ………………………………………… (for correspondence concerning this appeal) © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 152 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 33 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS CERTIFICATE OF APPROVAL/NOTICE OF MINISTER’S DECISION (Section 31) To: 1) The Physical Planning Board 2) Applicant ………………………………… ………………………………… …………………….................... File Ref. No: .................................... In pursuance of powers conferred under the above Ordinance, I ……………………………………………………………............................... HEREBY AUTHORISE, subject to the following conditions: the Physical Planning Board to consider the development specified below: as described in your application for grant of permission dated ................................................................ and in the plans and drawings attached thereto. Dated: .............................................. Signed: ............................................. MINISTER NOTES: 1. This approval does not permit any development to take place. It is a Certificate of Approval issued by the Minister under section 31 of the Ordinance. This requires that the Board may not consider some specific developments unless accompanied by a Certificate of Approval. 2. If a Certificate of Approval is hereby granted you should immediately forward it to the Board to accompany your application for a grant of permission. This Certificate allows the Board to deal with your application. It does not mean that the Board has to approve the development. The Board will consider the application on its merits and may grant permission, subject to conditions, (although if conditions are attached to this Certificate of Approval any grant of permission is subject to those conditions), or may refuse to grant permission. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 153 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS 3. If a Certificate of Approval is hereby refused the Board must refuse to grant the application for permission to develop, as specified earlier, if placed before it for consideration. 4. You may appeal to the Governor on the appropriate form obtainable from the Department of Planning against the Minister’s refusal to grant a Certificate of Approval or by the imposition of any condition on the Certificate of Approval within 30 days after receipt of notification of the decision. 5. All communications concerning this decision should be addressed to: The Director of Planning Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 154 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 34 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE OF APPEAL AGAINST MINISTER’S REFUSAL TO GRANT A CERTIFICATE OF APPROVAL (Section 31) This form should be completed in quadruplicate and sent to: The Director of Planning Department of Planning Grand Turk. For Official Use Only Application No: ................................. Parcel No: ..................……………… Print in BLOCK LETTERS: I (full name) ...............................……………………………………………... of (full address) .........................................................…...…………………..... HEREBY APPEAL to the Governor against the decision of the Minister by notice dated ............................................... to: * refuse to grant a Certificate of Approval for the development described below; * grant a Certificate of Approval for the development described below subject to conditions. Particulars of the Appeal Description and situation of the land or building to which the appeal relates: © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 155 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS Description of the development: Precise grounds of appeal (continue on separate sheet if necessary): I enclose: (a) a copy of all relevant plans, drawings and correspondence. (b) a copy of the Notice of the Minister’s decision. Date: ....................................... Signed: ..............................................… Appellant Signed: ..............................................… Agent/Representative Address:.......…...................................… ………………………………………… ………………………………………… (for correspondence concerning this appeal) © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 156 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 35 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS CLAIM FOR COMPENSATION (Section 75) This form should be completed in triplicate and sent to: The Director of Planning Department of Planning Grand Turk For Official Use Only Application No: ............................... Parcel No: ..........………………… N.B. A claim must be submitted within 3 months of the date upon which notice of the decision which gives rise to the claim was served upon the person who makes a claim. I (full name) ......………………………………………………….................... of (full address) .......……………………………………………...................... HEREBY CLAIM COMPENSATION for loss or damage as a result of (tick (3) appropriate box) � a grant of development permission being revoked or modified; � the Board’s refusal to allow a replacement building of similar cubic content to be erected for a building destroyed by fire, hurricane, or other natural disaster, in the same position or as near as can be; � the Board requiring a building to be demolished, altered, removed, or relocated or the use of land to cease; N.B. Only these cases give rise to a claim for compensation. GIVE DETAILS (including nature of your interest in the land or building; address or parcel number of site; details and date of development permission or Board’s decision; etc.) © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 157 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS DETAILS OF LOSS OR DAMAGE N.B. Give full details of the loss or damage incurred and the amount involved and supply copies of all relevant supporting documents. Names and addresses of all persons, including mortgagees, having an interest in the land or building and details of such interest. Dated: ........................................... Signed: ..............................................… Appellant Signed: ..............................................… Agent/Representative Address:................................................. ………………………………………… ………………………………………… (for correspondence concerning claim) © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 158 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS FORM DOP 36 TURKS AND CAICOS ISLANDS PHYSICAL PLANNING ORDINANCE DEVELOPMENT PERMISSION REGULATIONS NOTICE TO APPLICANT OF NEED FOR MINISTER’S CERTIFICATE OF APPROVAL (Section 31(3)) To: (applicant) ...............................................……. …………………………………… …………………………………… File Ref. No: ..................................... In pursuance of powers conferred under the above-mentioned section of the Ordinance, I, …………………….................................................................. consider that the following development in respect of which application for a grant of development permission No: .............................................................. has been submitted: is of a type or class which under the provisions of section 31(2) should be accompanied by a Certificate of Approval. The Minister and the Board have been so informed and unless the Minister notifies you to the contrary a Certificate of Approval will be required and the grant or refusal thereof will automatically be considered. If the Minister decides that a Certificate of Approval is not required your application will be forwarded to the Board for decision in the normal way. Otherwise, the Board is unable to grant development permission unless the application before the Board is accompanied by a Certificate of Approval. No further action by you is required at this stage. Dated: ......................................... Signed: .................................................. DIRECTOR OF PLANNING Department of Planning Grand Turk. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 159 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS SCHEDULE 2 ADVERTISEMENT OF APPLICATIONS (Regulation 7) 1. An open-air or non-air-conditioned club, bar, dance premises or entertainment facility. 2. Any building to be used for the accommodation of persons for financial reward. 3. A mortuary. 4. A cemetery. 5. A building or a use of land for the purpose of carrying on the business of the repair of motor vehicles. 6. A building or use of land for industrial purposes and/or service station. 7. A laboratory or other building where scientific experiments are to be carried out. 8. A site for the deposit of waste materials. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 160 CAP. 9.02 Physical Planning [Subsidiary Legislation] Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS SCHEDULE 3 STANDARD CONDITIONS (Regulation 15) Standard Conditions save as otherwise provided in the Regulations 1. You may appeal to the Minister against any decision given by the Board under the Ordinance. Any appeal must be made on the appropriate form within 28 days of the date of notification of the decision. See section 82, Physical Planning Ordinance. SCHEDULE 4 FEES (Regulation 15) Description of Application Fee $ 1. Application for a grant of outline development permission to develop land including the subdivision of land into strata lots, where the estimated cost of the development― (a) does not exceed $100,000 (b) exceeds $100,000 but does not exceed $200,000 (c) exceeds $200,000 but does not exceed $300,000 (d) exceeds $300,000 but does not exceed $400,000 (e) exceeds $400,000 but does not exceed $500,000 (f) exceeds $500,000 but does not exceed $1,000,000 (g) exceeds $1,000,000 (Substituted by L.N. 30/2001) 150 300 500 700 900 1,500 0.3% of the estimated cost of the development 2. Application for a grant of detailed development permission to develop land including the subdivision of land into strata lots where, the total estimated cost— (a) does not exceed $25,000 50 (b) exceeds $25,000 but does not exceed $100,000 150 (c) exceeds $100,000 but does not exceed $200,000 300 © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Physical Planning CAP. 9.02 161 Revision Date: 31 Aug 2009 [Subsidiary Legislation] LAWS OF TURKS & CAICOS ISLANDS (d) exceeds $200,000 but does not exceed $300,000 450 (e) exceeds $300,000 but does not exceed $400,000 600 (f) exceeds $400,000 but does not exceed $500,000 750 (g) exceeds $500,000 but does not exceed $1,000,000 1,500 (h) exceeds $1,000,000 0.2% of total estimated cost 3. Application to change this use of land 50 4. Application to display an advertisement 50 5. Application to subdivide land other than into strata lots where the number of parcels— (a) does not exceed 10 50 (b) exceeds 10 but does not exceed 50 250 (c) exceeds 50 but does not exceed 100 500 (d) exceeds 100 but does not exceed 500 1,500 (e) over 500 2,500 6. Application for extension of time to implement grant of development permission 50 7. Copy of an entry in the register 5 8. Application for an official search of the departmental records 25