Town and Country Planning (Amendment) Act (No. 51 of 2007)

Supplement to Off,cia/ Gazette No. I 05 dated 20th December, 2007 Section TOWN A.ND COUNTRY PLANNING (AMENDMENT) ACT, 2007 - SI ArrangPmtmf nJS:P~tfons I. 8horttitle. 2. Insertion of new Part NA into Cap. 240. 3. Amendment of section 78A of Cap. 24-0. 4. Amendment of section 79 of Cap. 24-0. 5. Transitional provisions. BARBADOS I assent C. STRAUGHN HUSBANDS Governor-General 20th December, 2007. 2007 - 51 An Act to amend the Town and Country Planning Act. (20th December, 2007), Commence ment. ENACTED bytlte Parliament of Barbados as follows: J. Thi:;i Act nuiy be cited as the Town and Country Planning Shoct title. (Amendment) Act, 2007. 2 Insertion of new Part !VA into Cap. 240. TOWN AND C'OUNTRY PLANNING (AMENDMENT)ACT, 2007 -51 :z. ·1 ·he 'Jbwn and <.:ountry Planning Act, in thts Act reterred to as the principal Act, is amended by insetting the following Part as Pa.rt IVA: "Part NA PLANNING OBLIGATIONS Pl<1nn;n6 3lF. (1) ForthepurposesofthisPart, "planning obligations.. obligation 11 means an agreement entered into pursuant w subsection (2). (2) When; a pen,on applies tu the:: Chit:fTown Planner for planning permission to develop land, that person may, by agreement with the Crown, enter into a phmningobligation 11,at (a) requires the provision of affordable housing to the satisfaction of the Minister m~onsible for Hnusing; (bJ restricts the development or use of the land in any specified way; (c) requires specified operations or activities to be carried out in, on, under or over the land; (d) requires the land to be used in any specified way;or {E;) requires any sum to be paid to the Ministry resporunble fur Housing either periodically or on a specified date where for any reason the developer cannot carry out the operations for thepurposesofparagroph (a) and the Minister responsible for Housing undertakes to carry out the works on behalf of the developer; TOWN AND COUNTRY PLANNING (AMENDMENT)ACT, 2007 -51 (3) A phuuringobligation shall be enforceable to the extent mentioned in subsection (5). (4) A planning obligationmay (a) be unconditional or subject to conditions; (h) impose: any re:strictlon or requirement mentioned in subsection (2)(a) to (d) either indefirritely or for such period as may be specified; and (c) require under subsection (2)(e), the payment of a specified amount determined in acCQrdance with the instrument by which the obligation is entered into; and the agreement may specify that the sum is payable on a specified date or for such period as is agreed, (5) Subject to subsection (6), a planning obligation is enfon:eable (a) againsttheperoon entering into the obligation; and (b) against any person deriving title from that person, (6) Notwithstanding subsection ( 5), the instrument by which a planrring obligation is entered into may provide that a person shall not be bound by the obligation in respect of any period during which he no longer has an interest in the land. 3 4 TOWN ANO COUNTRY PLANNING (AMENDMENT)ACT, 2007 -51 (7) Wberethereis a breach of a requirement in a planning obligation to carry out any operations in, on, underoroverlhe land to which !he obligation relates, the Ministerrespo11S1ble for Housing (a} may cause any person to enter the land and carry out the operations; and (b) recoverasacivildebtfrom !he person against whom the obligation is enforceable any expenses reasonably incurred in doing so. (8) Before the Minister responsible for Housing exercises his powers under subsection (7)(a) the Ministershall give not less than 21 days' notice ot hts intent10n to do so to any person against whom the planning obligation is enforceable. (9) A planning obligation must be entered into bv way of an instnnnent executed as a deed that ( a) states that the obligation is a pbaming obligation for the purposes of this section; (b) identifies the land in respect of which the obligation is being made; (c) identifiesthepersonenteringintotheobligation; and (d) ~lheinterestthattheperson entering into the obligation has in the land. (10) A planning obligation shall be a charge on the land to which it relates and shall be recorded in the Land Registzy in accordance with section 71 or section 157 of cap. 229. the land Registration Act as the case may be. TOWN AND COUNTRY PLANNING (AMENDMENT)ACT, 2007 -51 (11) Forthepurpuscsuf1:iub1:it:ctiun(l), '\;lnu~t'I" means an interest in land securing the payment of money or money's worth or the fulfilment of an obligation arising wider this Part and includes a sub-charge and the instnnnent creating the charge. (12) The Minister of Housing shall establish guideline.~ setting out the policy relating to the provision of affordable housing under paragraph (a) of section 32F(21 and the guidelines shall include the following: (a) thcbaaia on which the houoco will bcollocntcd; (b) the tenns and conditions governing the sale of such houses; (c) theminimun1 standard of housing that must be provided; and (d) theminimumsizeoflotswhere land is to be provided. (13) The guidelines referred to insubsection(12) and any aroendments 1hereto shall bepublislred by Notice in the Official Gazette and in at least one daily newspaper published and circulated in Barbados; and shall be made avai4tbk: lo llit.::public by lht::Miuisl.Iy at i:;u1Jh fi;;e a:, umy be prescribed. 32G. (!) Aplanningobligationmaybemodified ModifiCa• li<m ;,u,j 5 disc:harge of (a) byaninstnunentexecutedasadeedbetween planning the parties to the agreement; or obligations. (b) in accordance with this section and section 321. 6 TOWN AND COUNTRY PLANNlNG (AMENDMENT)ACT, 2007 -51 (2) A planning obligation may be discharged in accordance with this section and section 321. (3) A person against whom a planning obligation is enforceable may, at any time after the expiry of the relevant period, apply to the Minister for the obligation, (a) to have effect subject to such modifications as may be specified in the application; or (b) to be discharged. (4) For the purposes of subsection (3), "the relevantperiod"means (u) t1u1,;h p1;1fod ati m~y be::: pri;tii.;ribW; ur (b) where no period is prescribed, the period of 5 years beginning with the date on which the obligation is entered into. (5) Where an application is made under sub section (3), the Minister may determine (a) that the planning obligation shall continue to have effect without modification; (b) where the obligation no longer serves a useful plll]lOse, that it shall be discharged; or (c) wbere1heobligationcontinnes to serve a useful plll]lOse, but would servethatpmpose equally well if it bad effi:ct subject to the modifications specified in the application, that it shall have effect su~ect to those modifications. TOWN AND COUNTRY PI.ANNING (AMBNDMENT)ACT, 2007 -SI (6) The Minicter shall give notice of the determination made under subsection (S) to the applicont not later thlm 6 months airer the application has been made. (7) Where the Miuistaddenninestbata planning obligation sbal1 have effect subject to any modification specified in the applicalioo, theobligat.ion as modified shall be onfurteableas ifit had been entered into on the dste on which notice of the determination was given to the applicant 7 32B. (I) Regulations may make provision .... ~"""'· with respect to (a) tho fom, and oontcmt of applioatiorunmder section 320(3); (b) the publication of notices of those applicatio,,o; (c) the procedure for considering any representations made with respect to those applicalionS; and (d) the notice to be given to applicants in respect ofadetenninationmadeundersection32G(6l. (2) TheMinislermaymakeregulations topmvide for anything that is necessaiyto give effect to planning obl.ipti<msun<lorlhioPart. 321. (I) Whele1heMinisler (a) fails to give notice of a determination .. mentioned in section 320(6); or 8 TOWN AND COUNTRY PLANNING (AMENDMllNT)ACT, 2007-51 (b) determines that a planning obligation olmll c:onlinue to baveeffilctwithoutmodilicatioo, die applicant may appeal to a Judge in Chambers. (2) Focthepuq,ooesofanappeahmderpaiagnph (q) of subsection (1), it shall be assumed that the Minister basde!erminedthat1heplanningobligationshallcontinue to have effilctwithoutmodificalioo wherem notice has been served on the applicant within thetimespeci&d in section320(6). (3) Anappeal underlhis section shall be made by noticeservedwitbin28daysofwhicbowl:ofthefullowing is applicable (a) tbedatctbatnotificationofthedecisionisgm:n under section 320(6); or (b) Ibo expitalion of the period mentioned in section 32G(6).". Amendm,nt 3. Section 78Aof the principal Act is amended by deleting the of section words "$250" and StJbstihfflrl .... the woros "S2 000". 78Aof ~ Cap. 240. Amend ment of section 79 or Cap. 240. T...USI• tiona\ provi5iona, S.I. 2007 No. 4. Section79oftheprincipaJActisamendedmmbsection(2)by deleting the words "$250" and substituting the words "$2 000". 5. nu~ Part. i:1.pplie~ w any •pplication made before the: commencement of the Town and Country Planning (Amendment) Act, 2007wheretherehas bNlnodo1x:nninationinrespectoftheapplication atthcdatcofcommcncement