Town and Country Planning (Trelawny Parish) Provisional Development Order, 2013 (No. 89B of 2013)

THETOWN AND COUNTRY PLANNING (TRELAWNY PARISH) PROVISIONAL DEVELOPMENT ORDER, 201 3 June 21, 2013 CONTENTS Page Citation, Interpretation and General Regulations ........................................... 350B1-350Bu First 'Schedule--Description of boundaries ................................................. 350B14-350B19 Trelawny Parish Development Order Area ........................................................... 350B14 Greater Falmouth Local Planning Area .................................................... 350B14-350B16 Duncans Local Planning Area ................................................................. 350B15-250B16 Clarks Town Local Planning Area ........................................................................ 350B16 Albert Town/Ulster Spring Local Planning Area ..................................... 350B16-350B17 Duanvale Local Planning Area ....................... ,. .................................................... 350B17 Wait-A-Bit Local Planning Area .......................................................................... 350817 Stewart Town Local Planning Area ...................................................................... 350B18 Jackson Town Local Planning Area ..................................................................... 350B18 Wakefield Local Planning Area ............................................................... 350818-350819 Second Schedule-Use Classes Order ......................................................... 350B20-350B22 Class 1-Shops ................................................................................................... 350B20 Class 2-Financial and professional services ...................................................... 350820 Class 3-Restaurants and Cafes .......................................................................... 350821 Class 4-Drinking Establishments ....................................................................... 350B21 Class 5-Hot. food takeaways .............................................................................. 350B21 Class 6-Business ............................................................................................... 350B21 Class 7-General industry 2 .............................. : .................................................. 350821 Class 8-Storage or Distribution ......................................................................... 350B21 Class 9-Hotels ............... :., .................................................................................. 350821 Class l 0-Residential Institutions ....................................................................... 350821 Class I I-Secure residential institution .................................... : ......................... 350B22 Class 12-Dwelling House .................................................................................. 350822 Class 13-Non-Residential Institutions ............................................................... 350822 Class 14-Assembly and Leisure ................................................................ : ....... 350B22 Third Schedule-Permitted Development .................................................... 350823-350B54 Part I-Development within the Curtilage ofa dwelling house ............... 350823-350828 Part 2-Minor Operations ....................................................................... 350828-350B30 Part 3-Development by Local Authorities ......................................................... 350830 Part 4-Temporary Buildings and Uses ................................................... 350B30-350B32 Part 5-Agricultural Buildings and Operations ....................................... 350B32-350843 Part 6-Forestry Buildings and Operations ............................................. 350843-350B47 Part 7-Repairs to Unadopted Streets and Private Ways .................................... 350B47 Part 8-Repairs to Services ..... . ........................................................................... 350B48 Part 9-Aviation Development ................................................................ 350B48-350853 Part 10-Telecommunications Operations .......... : .................................... 350853-350B54 CONTENTS Page Fourth Schedule-Notification Forms .......................................................... 350855-3508!16 Form A ................................................................ , ................................................ 3508ss Fonn B ............................. : ................................................................................... 3508ss FormC ........................................................................... : ..................................... 3508!16 Fifth Schedule-Statements ....................................................................... 350857-3508255 Section I'--The Planning Framework .......................................................... 350B57-350B151 Trelawny Parish Development Area ................................................................... 350B57 History ............................................................................................................... 350B57 Demography ....................................................................................................... 350B58 Labour and Employment .................................................................................... 350B58 Natural Resources ....................................................................................... ,. ..... 350B59 Natural Condition .................................................................................... 350859-350861 Conservation of the Natural and Built Environment ............................................ 350861 Economic Activity and Employment ........................................................ 350861-350862 Transportation .................................................................................................... 350862 Major Growth Areas ................................................................................ 350862-350863 Vision ................................................................................................................. 350B64 Strategy .................................................................................................. 350B64-350B65 Purpose of the Order .......................................................................................... 350B65 Format of the Order ................................................................................. 350865-350866 How to use the Order ......................................................................................... 350866 Objectives .............................................................................................. 350866-350870 Transportation ................................................................................................... 350B67 Housing ............................................................................................................. 350B67 Conservation of the Natural and Built Environment ........................................... 350B68 Minerals ............................................................................................................. 350B69 Energy Generation and Conservation ................................................................. 350B69 Rural Economy ................................................................................................... 350B69 Urban Economy ...................................................................................... 350B69-350870 Tourism .............................................................................................................. 350B70 Waste Treatment and Disposal .......................................................................... 350B70 Telecommunications/Communications ............................................................... 350B70 Sectoral Policies .................................................................................... 350s70-350B125 Transportation and Traffic ...................................................................... 350871-350882 Housing .................................................................................................. 350882-350887 Conservation of the Natural and Built Environment .............................. 350888-3508103 Rural Economy ..................................................................................... 350s103-350B187 Urban Economy .................................................................................... 3508107-3508111 CONTENTS Page Minerals ............................................................................................... 350B111-350B113 Waste Disposal .................................................................................... 3508113-3508117 Energy Conservation ............................................................................ 3508117-3508110 Tourism ................................................................................................ 3508110-3508122 Telecommunication ............................................................................... 350B122-350s125 General Development Policies ............................................................... 3508125-350B139 The Undeveloped Coast .............................. : ....................................... 350B139-350B143 Rural Area Policies ............................................................................... 350B144-3508149 Petrol and Oil Filling Stations ............................................................... 350B150-350B151 Control of Advertisement .................................................................................. 350B151 Section II-Local Development Area ........................................................ 350B152-350B208 Falmouth Local Planning Area .......................... ; ................................... 350B152-350B170 Duncans Local Planning Area .............................................................. 350B170-350B178 Clarks Town Local Planning Area ......................................................... 350B178-350B182 Albert Town/Ulster Spring Local Planning Area .................................. 350B182-350B187 Duanvale Local Planning Area ............................................................. 350B187-350B192 Wait-a-Bit Local Planing Area .............................................................. 350B193-350B198 Jackson Town Local Planning Area ...................................................... 350B199-350B201 Wakefield Local Planning Area ............................................................. 350B282-350B205 • Stewart Town Local Planning Area ....................................................... 350s205-350s208 Appendices Appendix 1 Appendix2 Appendix3 Appendix4 Appendix5 Appendix6 Appendix? Appendix8 Appendix9 Appendix 10 Appendix 11 Appendix 12 Appendix 13 Appendix 14 Appendix 15 General Glossary ........................................................... 350B288-350B211 List ofUrban Communities ........................................................ 350B212 Schedule of National Monuments ................................ 350B212-350sm Sites of Architectural or Historical Interest ................... 350B213-350B214 Culture Heritage Tourism .............................................. 350B214-350s216 Schedule of beaches along the Trelawny Coast ........... 350B216-350B217 Scenic and Wildlife Protection Areas ............................ 3508217-3508218 Schedule of Road Standards ......................................... 3508219-3508221 Parking and Loading Requirements .............................. 3508221-3508224 Guidelines for the Proper Siting and Design of Petrol and Oil Filling Stations ........................................ 3508225-3508227 The Design of Parking Facilities ................................... 3508227-3508228 Residential Density-Standards And Controls ............. 350s228-350s231 Caves ofTrelawny ........................................................ 3508231-3508234 Information to be supplied with Subdivision Application Scheme Plan .............................................. 3508234-3508235 Subdivision Assessment Criteria ............................................... 3508235 Appendix 16 Appendix 17 Appendix 18 Appendix 19 Appendix20 Figures Figure 1 CONTENTS Page General Development Standards for Telecommunication Network ......................................... 350B236-350B237 Visibility Splays ............................................................ 350B237,-350B238 Guidelines for Hotel Development ................................ 350B238-350B240 Advertisement Guidelines ............................................. 350B240-350B242 Agricultural Land Use Classification System ................ 350B242-350B243 Density, Height and Lot Coverage for Major Land Uses ..................................................................... 350B243-350B244 Figure 2 Parking For Disabled .................................................. : ............... 350B246 Figure 3 Parking Layout ........................................................................... 350B247 Figure 4 Setbacks From High Watermark ................................................. 350B248 Figure 5 Parking Standards ......................................................... 350B249-350B252 List of Abbreviations ......................................................................................... 350B253 Acknowledgements .............................................................................. 350B254-350B255 Maps Map 1 InsetNo. l Inset No. 2 Inset No. 3 Inset No. 4 Inset No. 5 • Inset No. 6 InsetNo. 7 Inset No. 8 Inset No. 9 InsetNo. 10 Trelawny Parish Development Order Area Falmouth Local Planning Area Falmouth Core Duncans Local Planning Area Jackson Town Local Planning Area Stewart Town Local Planning Area Wait-A-Bit Local Planning Area Albert Town/Ulster Spring Local Planning Area Clarks Town Local Planning Area Duanvale Local Planning Area Wakefield Local Planning Area THE JAMAICA GAZETTE SUPPLEMENT PROCLAMATIONS, RULES AND REGULATIONS Vol. CXXXVI FRIDAY, JUNE 21, 2013 No. 89B THE TOWN AND COUN'IRY PLANNING ACT THE TOWN AND COUNTRY PLANNING (TRELAWNY PARISH) PROVISIONAL DEVEWPMENT ORDER, 2013 35081 No.49B In exercise of the power conferred upon the Town and Country Planning Authority by section 5 (I) of the Town and Country Planning Act, the following Order is hereby made, after consultation with the Parish Council ofTrelawny, hereby made: Citation. J. This order may be cited as the Town and Country Planning (Trelawny Parish) Provisional Development Order, 2013. Interpreta- 2 In this Order tion. ''the Act" means the Town and Country Planning Act; 350B2 PROCLAMAJ'IONS, RULES AND REGULATIONS [JUNE21,2013 "the Authority" has the meaning assigned to it by section 2 of the Act; "base station"means a structure, fixed or mobile, consisting of transmitters and receivers that are connected to antennae by feeder cables and may be microcell, macrocell or picocell; "Broadcasting" has the meaning assigned to it by the Telecommunications Act and the Broadcasting and Radio Re-Diffusion Act; "conservation areas" means an area of special architectural or environmental interest, the character or appearance of which it is desirable to preserve or enhance; "development" has the meaning assigned to it by section 5 of the Act and "develop" shall be construcci accordingly; "development area" means the area specified in Part I of the First Schedule; "filling station" means land, building or equipment used for the sale or dispensing of petrol or oil for motor vehicles or used incidental to the sale or dispensing of petrol or oil for motor vehicles, and where any part of such land building or equipment is used for another purpose, shall include the whole, whether or not the use as a filling station is the predominant use of such land or building; "landscaping" means the treatment of land (other than buildings) being the site or part of the site in respect of which an outline planning permission is granted for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fence, walls or other means, the planting of trees hedges, shrubs, or grass, the formation of banks, terraces or other earth works, and the laying out of gardens or courts and the provision of other amenity features; "local authority" has the meaning assigned to it by section 2 of the Act. "local planning areas" means the areas specified in Part II of the First Schedule; "local planning authority", has the meaning assigned to it by section 2 of the Act. "macrocell" means a base station that provides the largest area of signal transmission coverage and capacity within a mobile network; "mast" means a ground-based or roof-top structure that supports antennae at height where they can satisfactorily trasmit and receive radio waves; JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B3 "microcell" means a base station that provides additional signal transmission coverage and capacity to macrocells; "Minister" has the meaning assigned to it by section 2 of the Act; "mobile network" has the meaning assigned to it by the Telecommunications Act; "national parks" has the meaning assigned to it by the Natural Resource Conservation Authority Act; "national monument" has the meaning assigned to it by section 2 of the Jamaica National Heritage Trust Act; "operators" mean those who own or operate a telecommunication/ broadcast mast/tower, base station, macro cell, micro cell and or picocell; "Outline Planning Permission" means planning permission for the erection of a building which is applied for by the applicant directly and is granted subject to the subsequent approval of reserved matters submitted by the applicant to the local planning authority; "permitted use class" has the meaning assigned to it by paragraph 6; "picocell" means a base station, usually located within existing buildings, which provides more localised signal transmission coverage than a microcell; "planning authority" means local planning authority as defined by section 2 of the Act, and includes the Authority in any case where an application is referred to the Authority pursuant to the provisions of section 12 of the Act; "planning permission" has the meaning assigned to it by section 2 of the Act; "preservation scheme" has the meaning assigned to it under section 21 of the Jamaica National Heritage Trust Act; "protected national heritage" has the meaning assigned to it by section 2 of the Jamaica National Heritage Trust Act; "reserved matters" means the matters in respect of which particulars have been omitted from an application for outline planning permission under this Order, such as (a) the site for erection of a building on the land; (b) the design and external appearance of the building; (c) the means of access to and egress from the site; and 35084 Application of Order. Use classes. Third Schedule. PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 ( d) the landscaping of the site; "subdivision" means the division of any land held under single ownership into two or more parts whether the division is by conveyance, transfer or partition or for the purpose of sale, gift, lease or any other purpose; "telecommunication" has the meaning assigned to it by the Telecommunications Act 2000; "telecommunication network" has the meaning assigned to it by the Telecommunications Act 2000. "Trelawny" means the area prescribed in Part I of the First Schedule; 3. This Order relates to the parish of Trelawny. 4.-(1) Where a building or other land is used for a purpose listed in any class specified in the Third Schedule to this Order, the use of such building or other land for any other purpose of the same class shall not be deemed for the purpose of the Act to involve development of the land . . (2) Reference in paragraph (I) to "building" includes reference to land occupied with the building and used for the same purpose. (3) Where a use, which is ordinarily incidental to and included in any use specified in the Third Schedule to this Order, is specified in the Third Schedule as a separate use, this shall not prevent the use which is included or incidental from being considered as such. (4) No class specified in the Second Schedule indicates use­ (a) as an amusement arcade or centre or a funfair; (b) as a launderette; ( c) for sale of fuel for motor vehicles; ( d) for sale or display for sale of motor vehicle; (e) for a taxi business or business for the hire of motor vehicles; (f) as a scrapyard, or a yard for the storage or distribution of minerals or the breaking of motor vehicles;·· (g) as a hostel; (h) as a retail warehouse club; (i) as a night club; (j) as a casino. JUNE21, 2013] Designation of Trelawny development order area and local planning areas. First Schedule. Applications for planning permission. Permitted development Third Schedule. Approval of planning permissionf Fourth Schedule. Form A. , PROCLAMATIONS, RULES AND REGULATIONS 5. The Parish of Trelawny is hereby designated as a development order area for purposes of the Act and the areas specified in the First Schedule are hereby designated as local planning areas for the purpose of this Order. 6. An application for planning permission shall (a) be made in the form issued by the local planning authority for that purpose and obtainable from that authority; (b) include the particulars required by the form to be supplied; ( c) be accompanied by a plan which sufficiently identifies the land to which the application relates and any other plans, drawings and information as are necessary to describe the development which is the subject of the application; and (d) except where the local planning authority indicates that a greater number is required, be accompanied by three copies of the form and the plans and drawings submitted with it. 7.-(1) Subject to the provisions of this Order, permission may be granted for the classes of development described as permitted development in the Fourth Schedule. (2) Nothing in this paragraph or in the Third Schedule shall operate so as to permit ( a) any development contrary to any condition imposed in a permission granted under Part III of the Act; (b) any development in relation to any national monuments and protected national heritage; ( c) any development within a preservation scheme; (d) any development in any area designated as a National Park or Protected Area under section 5 of the Natural Resources Conservation Authority Act; or ( e) development in any area designated as a Quarry Zone under the Quarries Act. 8.-{l) Upon receiving an application for permission, the local planning authority shall • send to the applicant an acknowledgement thereof in terms (or substantially in the terms) set out in Form A of the Second Schedule hereto. 35086 Prohibition of develop­ ment. Outline planning permission. Fourth Schedule. Fonn A. PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 (2) The local planning authority may, upon considering the application for planning permission (a) grant planning permission; (b) grant planning permission subject to conditions; (c) refuse to grant planning permission. 9.--( I) Subject to sub-paragraph (2) of this paragraph no development of land within the area to which this Order applies, shall take place except in accordance with this Order. (2) The local planning authority may subject to such conditions as may be specified by directions given by the Minister under this Order grant permission for development which does not appear to be provided for in this Order and is not in conflict therewith. 10.-(1) Where an applicant so desires, an application for outline planning permission may be made under paragraph 4 for permission to erect a building. (2) Upon receiving an application for planning permission, the local planning authority shall send to the applicant an acknowledgment thereof in the terms ( or substantially in the terms) set out in Form A of the Fourth Schedule hereto. (3) The local planning authority shall, upon considering an application for outline planning permission either (a) grant permission subject to a condition specifying reserved matters that require approval of the local planning authority or the Authority; or (b) where the local planning authority is of the opinion that in the circumstances of the case, the application ought not to be considered separately from all or any of the reserved matters within the period of one month beginning with the receipt of the application notify the applicant that the local planning authority is unable to consider the application unless further details are submitted, specifying the further details it requires. (4) Where the local planning authority pursuant to sub-paragraph (3) (b) of this paragraph, requires the applicant to furnish further details, the applicant may either (a) furnish the information so required by the local planning authority (in which event the application shall be treated as if it had been received on the date when such information was furnished and had included such information); or JUNE21,2013] Application to approve reserved matters. Applications for determi­ nations under section 14. Fourth Schedule Fonn A. Notification of decision or determina­ tion. PROCLAMATIONS, RULES AND REGULATIONS 35087 (b) appeal to the Minister under section 13 of the act within twenty­ eight days of receiving such notice, or such longer period as the Minister may at any time allow, as if his application had been refused by the local planning authority. 11. Where a person has been granted outline planning permission he may make an application for approval of reserved matters and such application shall (a) be made in writing to the local planning authority and shall give sufficient information to enable that authority to identify the outlined planning pem1ission in respect of which it is made; (b) include such particulars and be accompanied by such plans and drawings as are necessary to deal with the reserved matters in the outline planning permission; and {c) except where the local planning authority indicates that a greater number is required, be accompanied by three copies of the application and the plans and drawings submitted with it; and ( d) be made within 3 years of such permission or as such period as may be approved by the local planning authority. 12.-( I) An application to the local planning authority for a determination under section 14 of the Act shall be in writing, and shall contain a description of the operation or change of use proposed and of the land to which such proposal relates. (2) On receipt of any application under this paragraph the local planning authority shall send to the applicant an acknowledgment thereof in the terms (or substantially in the terms) set out in Form A of the Fourth Schedule hereto. ( 3) In the case of an Application for a determination ( whether forming part of an application for planning permission or not), where the local planning authority determines that the carrying out of operations, or the making of a change in the use of land. would constitute or involve development of the land. it shall state in the notice the grounds for its determination and include a statement to the effect that if the applicant is aggrieved by its decision he may appeal to the Minister under section 13 of the Act within one month of the receipt thereof giving a copy to the local planning authority. 13 .--( l) Except where otherwise provided, the period within which the local planning authority shall give notice to an applicant of its decision or determination shall be three months from the date of application or such extended period as may at any time be agreed upon in writing between the Applicant and that authority. 350B1 Fonn B Fourth Schedule. Requiring Additional Information. Directions restricting the grant of planning permission. Consultation by local planning authority. PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 (2) Every notice issued pursuant to sub-paragraph (1) shall be in writing and where the local planning authority (a) (b) ' (c) makes a decision subject to conditions; determines under paragraph 11 that the carrying out of operations or the making of a change in the use of land would constitute or involve development of the land; or refuses to grant approval, it shall state its reasons th~refor in writing and !;end with the decision or determination a notification in the terms.(or substantially in the terms) set out in Form B of the Fourth Schedule hereto. 14. The local planning authority determining any application may direct an applicant in writing to (a) supply any further information and (except in the case of outline applications) plans and drawings necessary to enable them to determine the application; or (b) provide one of their officers with any evidence in respect of the application as is reasonable for them to call for to verify any particulars ofinformation given to them. 15.-(1) The Minister may give Directions restricting the grant of planning permission by the local planning authority during such period as may be specified in the Directions in respect of such development or in respect of development of any such class, as may be so specified. (2) The local planning authority shall enforce the Directions of the Minister and do all that is possible to abide by them. 16.-(l) The local planning authority shall, before granting permission for development or for approval of reserved matters or in granting outline planning permission consult (a) with a neighbouring local planning authority where it appears to the local planning authority that the development is likely to affect • land in the area of that neighbouring local planning authority; or (b) with the Chief Technical Director where it appears to the local planning authority that the development involves (i) land adjacent to a main road or land reserved for future main road improvement; JUNE21,2013] Fifth Schedule. PROCLAMATIONS, RULES AND REGULATIONS 35089 (ii) any engineering or other works in connection with the formation, laying out, grading, or drainage of any access road; (iii) any works which may affect water drainage in side or out side the land to which the application relates, particularly any works affecting or likely to affect any natural water course; or (iv) such significant increase in traffic that the town planning and traffic engineering consideration cannot be considered in isolation from the detailed engineering implications of any such development; (c) with the Ministry responsible for Agriculture where the development involves a change of use of more than two hectares ofland in an area used or capable of being used for agriculture, but such land shall not include land zoned by the Authority as land to be used for some other purpose; or (d) with the Jamaica National Heritage Trust where the land to be developed is situated within 91 metres of a national monument or protected national heritage and land within a preservation scheme or to sites listed in Appendix 3 of the Fifth Schedule. (e) with the Natural Resources Conservation Authority where (i) the development is occurring on land situated in a coastal zone, in or adjacent to ecologically sensitive areas, in or adjacent to conservation areas or National Parks, or near rivers, streams or other water bodies; (it) the development is subject to an Environmental Statement or Environmental Impact Assessment; (iitj the carrying out of building or other operations or the use ofland for the purpose of refining or storing mineral oils and their derivatives; or (iv) the carrying out of building or other operations or the use ofland for the retention or disposal of sewage, trade waste or sludge; (f) with the Ministry for Health and Environmental Control where the development consists of or includes (i) The carrying out of works or operations in the bed or on the banks of rivers, streams or other body of water; or 350B10 PROCLAMAfIONS, RULES AND REGULATIONS [JUNE21,2013 (ii) the carrying out of building or other operations or the use ofland for the purpose of refining or storing mineral oils and their derivatives; or (iii) the carrying out of building or other operations or the use ofland for the retention or disposal of sewage, trade waste or sludge; (g) with the Commissioner of Mines and the Jamaica Bauxite Institute where the land to be developed is situated in any mineral deposit area; (h) with the Geological Survey Division where a geotechnical report is necessary or where the slope of the land is in excess of 45 degrees; (i) with the Office of Disaster Preparedness and Emergency Management where the development is situated on land occurring in areas subject to natural hazards; G) with the Water Resources Authority and National Water Commission where there is to be an increase in demand for water or where effiuent is to be discharged in streams or an aquifer; (k) with the National Water Commission where a sewage treatment plant proposed or connection to an existing sewerage system is being proposed; (1) with the Civil Aviation Authority where (i) the development is located within a 3 km Radius of airports, aerodromes, similar facilities and flight paths; (ii) the structure proposed is to be within 9.26 km (5 nautical miles) of an aerodrome; (m) with the relevant building authority; (i) for roof mounted mast/tower in order to ensure the structural integrity of the roof. (2) where the planning authority consults with any other body under sub-paragraph (1) and the body (i) makes recommendations to the planning authority, the planning authority shall, before granting permission, whether conditional or unconditional, consider the recommendations; (ii) fails to make a recommendation within six weeks from the date of such consultation, the planning authority shall deal with the application unless the body indicates in writing that it is unable to meet the deadline and requests an extension. JUNE21,2013] Applications referred to the Author­ ity. Appeals. PROCLAMATIONS, RULES AND REGULATIONS 350B11 17. On referring any application to the Authority under section 12 of the Act, pursuant to a direction in that behalf, the local planning authority, shall serve on the applicant notice of the terms of the direction and of any reason given by the Authority for issuing the direction, and such notice shall inform the applicant that the application has been referred to the Authority and shall contain a statement that the Authority will, if the applicant so desires, afford to the applicant an opportunity of appearing before and being heard by a person appointed by the Authority for the purpose. 18.-( I) Subject to the provisions of this Order, any person who desires to appeal (a) against a decision of the local planning authority or the Authority, as the case may be, for (i) refusing planning permission; or (ii) granting planning permission subject to conditions; (b) against a determination of the local planning authority under section 14 of the Act; or (c) on the failure of the local planning authority or the Authority, as the case may be, to give notice of their decision or determination, shall give notice of appeal to the Minister copying that notice to the local planning authority, or the Authority, as the case may be (d) within one month of the receipt of notice of the decision or determination; or ( e) within one month of the expiry of the period specified in paragraph 11 (I) of this Order, or such longer period as the Minister may at any time allow. (2) The applicant shall also furnish to the Minister a copy of the following documents (a) the application made to the local planning authority; (b) all relevant plans, drawings and particulars submitted to them; ( c) the notice of the decision or determination, if any; ( d) all other relevant correspondence with the local planning authority. (3) The appellant may also supply any additional information pertaining to the appeal to the Minister. (4) The appellant shall serve on the local planning authority or Authority as the case may be, a copy of the appeal and any additional information supplied to the Minister under paragraph (3). 350B12 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 Register of 19.-(1) The local planning authority shall keep a register known as applications. the Register of Applications (hereinafter referred to as the Register) containing the following information in respect of all land within the area to which this Order applies, namely Information on applica­ tions to be given to Minister. Directions, consents and notices. (a) particulars of any application for permission to develop made to the local planning authority in respect of any such land, including the name and address of the applicant, the date of the application, and brief particular of the development"rorming the subject of the application; (b) particulars of any direction given under the Act or this Order in respect of the application; ( c) the decision, or determination, if any, of the local planning authority in respect of the application, and the date of such decision or determination; ( d) the date and effect of any decision, or determination, of the Minister on appeal, in respect of the application; (e) the date of any subsequent approval given in relation to the application. (2) The Register shall include an index, which shall be in the form of a map unless the Minister approves some other form, for enabling a person to trace any entry in the Register. (3) The Register shall be kept at the office of the local planning authority and shall be available for inspection by the public at all reasonable hours. (4) Every entry in the Register consisting of particulars of an application shall be made by the local planning authority within fourteen days of the receipt of such application. 20. The local planning authority shall furnish to the Minister and to such other persons as may be specified by Directions given by the Minister under this Order, such information as may be so specified with respect to applications made to the local planning authority under this order, including information as to the manner in which any such application has been dealt with. ~, 21.-(1) Any power conferred by this Order to give a direction or consent shall be construed as including power to cancel or vary the directions by a subsequent direction or, as the case may be, to revoke or modify such consent. (2) Any notice or other document to be served or given under this Order may be served o,; given in the manner prescribed by section 30 of the Town and Country Planning Act. JUNE21,2013] Control of sub-divided land. Fifth Schedule. PROCLAMATIONS, RULES AND REGULATIONS 350B13 22. Where any person proposes to subdivide land within the area to which this Order applies into allobnei,.ts for the purpose of development or of sale a Scheme Plan showing the proposed subdivision shall be prepared in accordance with Appendix 12 of the Fifth Schedule of this Order and submitted to the local planning authority for approval. Computation 23. The base date for the computation of valuations in relation to of compensa- assessing compensation in respect of this Order shall be the date one year tion. prior to the coming into operation of this Order. Matters to be dealt with by development orders. Fifth Schedule. 24. The matters to be dealt with by development orders in the development order area in general and in the local planning areas in particular, shall be as set out in the Fifth Schedule. Revocation. 25. Subject to paragraph 23, the Town and Country Planning (Trelawny Parish) Development Order, 1980, and the Town and Country Planning Petrol Filling Station-(Trelawny Parish) Development Order, 1964 are hereby revoked. Savings. 26. Not withstanding the revocation of the Orders referred to in paragraph 22 any permission granted pursuant to those Orders which had effect immediately before the coming into operation of this Order, shall until such permission is revoked, continue to have effect as if granted pursuant to this Order. 350B14 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 FIRST SCHEDUIE (Paragraph 4) Trelawny Parish Development Order Area Starting at Long Bay, at a point where the St. James and Trelawny Parish Boundaries meet the coastline, thence generally southerly along the said boundary line to a point where the St. James, Trelawny and St. Elizabeth Parish Boundaries meet, thence generally easterly along the St. Elizabeth and Trelawny Parish Boundary line to a point where the Manchester, St. Elizabeth and Trelawny Parish Boundaries meet at the start of the Hectors River; thence generally north-easterly, then south easterly along the course of the Hectors River, which is the Trelawny and Manchester Parish Boundary line, to Silent Hill at a point where the Clarendon, Manchester, Trelawny and St. Ann Parish Boundaries meet; thence north~easterly along the Cornwall and Middlesex County boundary line, to a point approximately One Thousand feet north of the main road from Stewart Town to Discovery Bay, thence generally northerly along the Rio Bueno River which is also the parish boundary of Trelawny and St. Ann, to a point where the said boundary line meets the coastline, east of the old main road from Falmouth to Rio Bueno, in Rio Bueno Harbour, thence in a straight line perpendicular to the sea coast at this point to a point on the off shore territorial limits, thence generally along the territorial limits to a point directly opposite the starting point, thence in a straight line back to the starting point at Long Bay, including all off shore islands, cays, and man made and natural accretions within the territorial waters. LOCAL PLANNING AREAS IN MANCHESTER Part II Greater Fa/mouth Local Planning Area From the point where a track touches the coastline in the vicinity of the Salt Works; south-westerly along this track to where it joins the Stewart's Castle Settlement Road; southerly along this settlement road to where it meets the Falmouth/Duncans Main Road; north-westerly along the main road to where it meets Parish Council Road Number 51; southerly, south-westerly along this parish council road to where it meets the Rock/Clarks Town Main Road at Daniel Town; north-westerly along this main road to where it meets a property road about 1.2km from its junction with the Rio Bueno/Falmouth Main Road at Rock; southerly and along this property road and a track through Mr. Wood's property to and along another property road leading from Southfield to Main Gully; westerly along Main Gully to where it touches Perth Town/Martha Brae Secondary Road at the quarry; north-westerly in a straight line to a point on Parish Council Road Number 18 where it joins Parish Council Road Number 10; northerly, north­ westerly along the said Parish Council Road Number 10 to where it meets the Falmouth/Wakefield Main Road; south-westerly along the main road to where it JUNE21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350815 FIRST SCHEDULE, contd. joins Parish C,ouncil Road Number 11; south-westerly along this parish council road to where it joins Parish Council Road Number 12; southerly along Parish Council Road Number 11 from this point for a short distance to a point where it joins an unnamed parish council road; westerly along this parish council road to a point where it joins a driving road which is access to a lot; north-westerly along this driving road to a point where it touches the rear boundaries of lots fronting onto Parish Council Road Number 12; north-westerly, southerly, north­ westerly, south-westerly, north-westerly, south-westerly, north-westerly, northerly along the rear boundaries of these lots to a point opposite the junction of the Wakefield/Falmouth Main Road and Parish Council Road Number 13 at Hammersmith; northerly in a straight line from this point to the intersection; south-easterly along Parish Council Road Number 13 from this point to a point where it joins a subdivision road; north-westerly, northerly along this subdivision road to the northern property boundary of the second lot on the western side of the subdivision road; westerly along this lot boundary to the rear of the adjoining lots; northerly along the rear of the lot boundaries fronting onto this roadway to a point where it touches the rear boundary of the last lot; south-easterly along the lot boundaries fronting onto another subdivision road to a point where it touches the western boundary of Green Park; northerly, westerly, north-easterly along this boundary to join the Kent/Salt Marsh Secondary Road; westerly along this secondary road to where it meets Parish Council Road Number 12 at Kent; westerly, southerly from this point along the Kent/Goodwill Secondary Road to the Trelawny/St. James Parish Boundary; along the parish boundary in a straight line to the territorial boundary; east along the territorial boundary to a point opposite the starting point at Stewart's Castle; in a straight line from this point to the starting point at the coastline at Stewart's Castle Settlement. Duncans Local Planning Area starting at a point on Harmony Hall Beach where the Kettering Road touches the sea coast; then south-westerly along this road for approximately .27km to a point where it touches the Harmony Hall Property Boundary; then southerly in a straight line along this property boundary to a point where it touches the Duncans/Rio Bueno Main Road; then easterly along this main road for approximately .14km; then northerly in a straight line from this point in the main road to a point approximately .28km away; then westerly in a straight line from this point for approximately .47km to another point; then approximately .36km south-westerly from this point to a point just opposite Windsor; then westerly in a straight line for approximately . 72km from this point to a point on the Duncans/Clark's Town Secondary Road; then southerly in a straight line for approximately .5km to a point just beyond a deep bend in the road; then westerly from this point in a straight line to a point on the Duncans/ Clark's Town Secondary Road just below Parish Council Road Number 63; then southerly along the said Duncans/Clark's Town Secondary Road to a point where it touches Parish Council Road Number 101; then north-westerly along this parish council road to a point where it touches the rear boundaries of the subdivision lots along the roadway; then generally westerly, south-westerly along these lot boundaries to a point on Parish Council Road Number 49; then north-westerly 350B16 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 FIRST SCHEDULE, contd. and then westerly along this parish council road to a point where it touches a property boundary at Knutsford; then north-westerly, northerly, westerly along this property boundary to a point where it meets Simpson Road at Simpson; then generally northerly, north-easterly, north-westerly along this road to a point where it touches the Duncans Main Road; then easterly along the main road for a short distance to appoint where it touches the Duncans Main Road; then easterly along this road for a short distance to a point where it touches the subdivision road to Carey Park/Eden Park; then northerly, westerly, northerly along this road to a point where it touches a property boundary; then westerly, northerly along this property boundary to a point on the sea coast; then in a straight line perpendicular to the coast to the territorial boundary; then easterly along that . boundary to a point opposite the starting point; then in a straight line back to the starting point at the coast. Clarks Town Local Planning Area From the point where Swanswick Private Property Road meets the Clarks Town/ Jackson Town Main Road near the Clarks Town Main Road near Swanswick House; then south, south-westerly along the private property road to a point where it meets Parish Council Road No. 46; then north-westerly along. this parish council road to a point where it meets Parish Council Road No. 70; then generally south-westerly, north-westerly, westerly and north-westerly along this parish council road to where it touches Knollis/Clarks Town Secondary Road; then north, north-easterly along this road to a point where it meets the Parnasus Secondary Road then along this road to the junction with Clarks Town/Duncans Secondary Road; then south-easterly along this road to a point where it meets ., Parish Council Road No. 68; then easterly along this road to where it meets Western Swanswick boundary; then southerly along this boundary to Clarks Town/Jackson Town Main Road then easterly along this main road to the starting point at Swanswick Private Property Road. Albert Town/Ulster Spring Local Planning Area From the point where Parish Council Road No. 152 meets Albert Town Ulster Spring Main Road; north-easterly along this main road to an unnamed Parish Council Road; along this parish council road to a point apposite Parish Council Road No. 151; north-easterly in a straight line from this point to join Parish Council Road No. 151; north-easterly along Parish Council Road No. 151 to where it meets Sawyers/Ulster Spring Main Road; north-easterly along this main road to where it joins Bertie Ferguson,'s Boundary; south-easterly for approximately 300 meters from this point to a point on a bend in the parish council road from Ulster Spring to Covey Mountain; southerly in a straight line to a point where a branch of the said parish council road ends; south-westerly from this point in a straight line to a point on the Freemans Hall/Ulster Spring Secondary Road; south­ westerly along this secondary road to where it meets Freeman Hall/Stetting Secondary Road; southerly along this secondary road to the Albert Town/Wait-A JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B17 FIRST SCHEDULE, contd. Bit Main Road; north-westerly along this main road to where it meets a track that leads to the Mouth River; north-westerly along this river to where it meets the boundary of Jeff Stewart's Property; north-easterly along this property boundary to where it meets Parish Council Road No. 136; north-easterly along this Parish Council Road to Albert Town Main Road, north-westerly along the Albert Town Main Road to where it meets Parish Council Road No. 170; north-westerly along Parish Council Road No. 170 to where it meets the southern arm of Parish Council Road No.152; north-westerly along this parish council road to where it meets Parish Council Road No. 153; northerly and a long Parish Council Road No. 153 to where it meets the northern arm of Parish Council Road No. 153; easterly and along this parish council road to the starting point. Duanvale Local Planning Area From the point where Parish Council Road No. 66 meets the Duanvale/ Kinloss Secondary Road, then westerly along this road to a point where it meets an unnamed parish council road; then southerly along this parish council road to where the rear boundaries of a series of lots touch a hill; then westerly, along the rear boundary of these lots to where it meets Parish Council Road Number 43; then south-westerly along this parish council road to a point where it meets the rear boundary of another subdivision; then generally northerly, north-easterly, north-westerly, northerly, north-westerly, northerly, north-westerly, northerly and easterly along this subdivision boundary to a point where it meets the Perth Town/Duanvale Secondary Road; then easterly along this road to a point where it meets the rear boundaries of properties in a subdivision in the District; then northerly, easterly, northerly and southerly along these property boundaries to a point on Parish Council Road Number 71 at Jack Lodge where it meets an unnamed parish council road; then easterly from. this point along the unnamed parish council road to a point on Parish Council Road Number 66; then southerly, south-westerly from this point along the parish council road to the starting point at Duanvale/Kinloss secondary road. Wait-A-Bit Local Planning Area From the point where a track at Troy Turn meets the Albert Town/Wait-A-Bit Main Road; north-easterly along this track to where it crosses a parish council road at Felix Steels premises; easterly and along this parish council road to where it meets the Freemans Hall/Litchfield Secondary Road at Uriah Anderson's residence; easterly, southerly, along this road to join Grove Parish Council Road; north-easterly, southerly, south-easterly along this parish council road to where it meets the Lorriners/Wait-A-Bit Main Road; south-westerly, southerly, south­ easterly, southerly along this main road to a point where it crosses the Trelawny Parish Boundary; north-westerly, northerly, north-westerly along the parish boundary to a point where it crosses a tributary of the Hectors River; north­ easterly along this tributary to where it joins the Wait-A-Bit/Albert Town Main Road; north-westerly along this main road to the starting point Troy Turn. 350B18 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIRST SCHEDULE, contd. Stewart Town Local Planning Area From the point where the Stewart Town/Brown's Town Main Road crosses the parish boundary (St. Ann/Trelawny); south-westerly along the parish boundary to a point where it joins the Endeavour/Stewart Town Secondary Road; southerly along this secondary road to a point where it joins a footpath; southerly along this footpath for approximately .3km to a point directly opposite the southern Property Boundary at Brough; north-westerly in a straight line from this point to join the property boundary; westerly along the southern property boundary to a point where it joins the western property boundary; northerly along this property boundary to join a residential subdivision boundary along the Jackson Town/ Stewart Town Main Road; north-westerly, northerly along this subdivision • boundary to where it joins the Jackson Town/Stewart Town Main Road; easterly, southerly, south-easterly form this point along the Westwood High School Property Boundary to join the Westwood District Boundary; easterly, north­ easterly along this boundary to where it joins a subdivision boundary; south­ easterly along this boundary to the St. Ann/Trelawny Parish boundary; south­ westerly along this boundary to the starting point at the Stewart Town/Browns Town Main Road. Jackson Town Local Planning Area From the point where Parish Council Road No. 47 meets Clarks Town/Jackson Town Main Road; north-easterly along this parish council road to and along Parish Council Road No. 64 to meet Parish Council Road No. 48; north-easterly along Parish Council Road No. 48 to the Rio Bueno/Jackson Town Secondary Road; south-easterly along this secondary road to join Parish Council Road No. 108; south-easterly, southerly along this parish council road to join Jackson Town/ Stewart Town Main Road; southerly along the main road for a short distance to where it joins Parish Council Road 109; south-westerly along this parish council road to where it rejoins Jackson Town/Stewart Town Main Road at Level Bottom; north-westerly and along the main road to a parish council road at Liberty Hall; westerly along this parish council road for approximately 500 meters; northerly in a straight line from this point to the rear lot boundaries on another branch of the said parish council road; easterly, northerly along the subdivision boundary on this parish council road to join the Clarks Town/Jackson Town Main Road; westerly along this main road to the starting point. Wakefield Local Planning Area From the point where Parish Council Road No. 23 meets the Wakefield/Falmouth Main Road north of Tilston; southerly and south-easterly along this parish council road to and along Parish Council Road No. 11 to where it touches Parish Council Road Number 15 at Friendship; south-easterly along this road passing 1 the intersection with Parish Council Road Number 10 to where it meets Parish JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B19 FIRST SCHEDULE, contd. Council Road No. 21 at Peru; southerly along Parish Council Road Nwnber 21 to where it crosses the Martha Brae River; north-westerly and along this river to where the Roaring River joins it; south-westerly along the Roaring River to where Parish Council Road Number 27 crosses it; northerly along Parish Council Road Nwnber 27 to where it meets Parish Council Road No 17; south-westerly along this parish council road to where it joins Parish Council Road No. 38; south­ easterly, north-westerly along this parish council road to join Hacton Parish Council Road; westerly along this parish council road to where it joins Maroon Town/Wakefield Secondary ~oad; northerly along this secondary road to where it join Gayles Valley/Weston Favel Road; westerly and northerly along this road to where it joins a property road; north-easterly along this property road to where it joins the Phoenix/Tilston Secondary Road at the Adelphi/Wakefield Main Road; north-easterly along this secondary road to where it meets the Wakefield/Falmouth Main Road; north-easterly along this main road to the starting point at Parish Council Road Nwnber 23. 350B28 PROCLAMATIONS, RULES AND REGULATIONS Class I-Shops SECOND SCHEDUIE Use Classes Order Use for all or any of the following purposes­ (a) as a shop; [JUNE 21, 2013 (Paragraph 5) (b) for the retail sale of goods to the public other than hot food; ( c) as a post office; ( d) for the sale of tickets or as a travel agency; ( e) for the sale of sandwiches or other cold food for consumption off the premises; (f) for hair grooming (hairdressing and barbering); (g) for the direction of funerals but does not display coffins and bodies; (h) for the display of goods for sale; (i) for the hiring out of domestic or personal goods or articles; (j) for the washing or cleaning of clothes or fabrics on the premises except for dry cleaning; (k) for the reception of goods to be washed, cleaned or repaired where the sale, display or services is to visiting members of the public except for dry cleaning; and (l) as an internet cafe; Class 2-Financial and professional services Use for the provision of (a) financial services, (b) professional services (other than health or medical services), or ( c) any other services ( including use as a betting office) that it is appropriate to provide in a shopping area where the services are provided principally to visiting members of the public e.g. banks, building societies, estate and employment agencies. JUNE21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B21 SECOND SCHEDULE, contd. Class 3-Restaurants and Cafes Use for the sale of food or drink for consumption on the premises­ restaurants, snack bars and cafes. Class 4-Drinking Establishments Use as Public houses, bars or other drinking establishments (but not a night club). Class 5-Hot food takeaways Use for the sale of hot food for consumption off the premises. Class 6-Business Use for all or any of the following purposes: (a) As an office other than use within class 2 (financial and professional services); (b) research and development of products or processes; or ( c) for any light industrial process being a use which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit. Class 7-General industry Use for the carrying on of any industrial process other than one falling within Class 6. Class 8-Storage or Distribution Use for storage or as a distribution centre or as a wholesale warehouse. Class 9-Hotels Use as a hotel or as a boarding or guest house where, in each case, no significant element of care is provided. Class l 0-Residential Institutions (a) for the provision of residential accommodation and care to people in need of after care. (Other than a use within Class 12 (dwelling houses); (b) use as a hospital or nursing home; or ( c) use as a residential school, college or training centre. 350B22 PROCLAMAI'IONS, RULES AND REGULATIONS [JUNE2I,20I3 SECOND SCHEDULE, contd. Class I I-Secure residential institution Use for a provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short term holding centre, secure hospital or use as a military barracks. Class I2-Dwelling house Use as a dwelling house (whether or not as a sole or main residence). (a) by a single person or persons living together as a family; or (b) by not more than 6 residents living together as a single household (including a household where care is provided for residents such as disabled or handicapped people living in the community and students or young people sharing a dwelling). Class 13-Non-Residential Institutions Any use not including a residential use: ( a) for the provision of any medical or health services except the use of premises attached to the residence of the consultant or practitioner; (b) as a creche, day nursery, day centre health centre, clinic; ( c) for the provision of non residential education and training centre; (d) for display of records of art (otherwise than for sale or hire); ( e) as a museum; ( f) as a public library or public reading room; (g) as a public hall or exhibition hall; (h) for, or in connection with, public worship or religious instruction; (i) as a court of law; or G) as an art gallery. Class l 4-Assembly and Leisure Use as (a) a public hall, concert hall, exhibition hall, social centre or a community centre; (b) a theatre, cinema, music hall; or (c) a dance hall (but not night clubs), swimming bath, skating rinks, gymnasium, sport arenas or for other indoor games ( except for motor sports, or where firearms are used). JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B23 THIRD SCHEDULE (Paragraph 7) Permitted Development Part I-Development within the Curtilage of a Dwelling House Use for all or any of the following purposes: Class A Permitted development. A The enlargement, improvement or other alteration of a dwelling house. Development not permitted. A.1 Development is not permitted if (a) the cubic content of the resulting building would exceed the cubic content of the original dwelling.house (i) in the case of a terrace house or a town house by more than 50 cubic metres or 10%, whichever is the greater; (ii) in any other case, by more than 70 cubic metres; (b) the part of the building enlarged, improved or altered would exceed in . height the highest part of the roof of the original dwelling house; (c) the part of the building enlarged, improved or altered would be nearer to any highway which bounds the curtilage of the dwelling house than (i) the part of the original dwelling house nearest to that highway; or (ii) 15 .24 metres, whichever is the nearest to the highway; (d) the part of the building enlarged, improved or altered would be within 1.5 metres of the boundary of the curtilage of the dwelling house and would exceed 3.6 metres in height; 350B24 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 Interpretation of Class A. Class B Permitted. THIRD SCHEDULE, contd. (e) the total area of ground covered by buildings within the curtilage ( other than the original dwelling house) would exceed 50% of the total area of the curtilage ( excluding the ground area of the original dwelling house); (f) it would consist of or include the installation, alteration or replacement of a satellite antenna; (g) it would consist of or include an erection of a building within the curtilage of a listed building; or (h) it would consist of or include an alteration to any part of the roof. A. 2 Development is not permitted by Class A if it would consist of or include the cladding of any part of the exterior with stone, artificial stone, timber, plastic or tiles to an existing external surface. A.3 For the purpose of Class A-' (a) the erection within the curtilage of a dwelling house of any building with a cubic content greater than I O cubic metres shall be treated as the enlargement of a dwelling house for all purpose including calculating cubic content where any part of that building would be within 5 metres of any part of the dwelling house; (b) where any part of the dwelling house would be within 5 metres of an existing building within the same curtilage, that building shall be treated as forming part of the resulting building for the purposes of calculating the cubic content. B. The enlargement of a dwelling house development consisting of an addition or alteration to its roof. JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B25 THIRD SCHEDULE, contd. Development B.1 Development is not pennitted if not permitted. (a) any part of the dwelling house would as a result of the works, exceed the height of the highest part of the existing roof; (b) any part of the dwelling house would, as a result of the woi:ks extend beyond the plane of any existing roof slope which fronts any highway; (c) it would increase the cubic content of the dwelling house by more than 40 cubic metres, in the case of a town house or terrace house or 50 cubic metres in any other case; (d) the cubic content of the resulting building would exceed the cubic content of the original dwelling house (i) in the case of a terrace house or town house by more than 50 cubic metres or 10%, whichever is the greater; (ii) in any other case, by more than 70 cubic metres or 15%, whichever is the greater; or (iii) in any case, by more than 115 cubic metres. ClassC Pennitted c. Any other alteration to the roof of a development Development. dwelling house. C.1 Development is not pennitted if it would result in a material alteration to the shape of the dwelling house. ClassD Permitted D. The erection or construction of a porch outside any Development. external door of a dwelling house. 350B26 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 Development not pennitted. ClassE Pennitted Development. Development not permitted. THIRD SCHEDULE, contd. D. 1 Development is not permitted if (a) the ground area (measured externally) of the structure would exceed 3 square metres; (b) any part of the structure would be more than 3 metres above ground level; (c) any of the structure would be within 15 .24 metres of any boundary of the curtilage of the dwelling house with a highway. E The provision within the curtilage of a dwelling house of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house as such, or the maintenance, improvement or other alteration of such a building or enclosure. EI Development is is not permitted if (a) it relates to a dwelling or a satellite antenna; (b) any part of the buildings or enclosure to be constructed or provided would be nearer to any highway which bounds the curtilage than (i) the part of the original dwelling house nearest to that highway; or (ii) 15.24 metres whichever is nearer to the highway; ( c) where the building to be constructed or provided would have a cubic content greater than I O cubic metres, any part of it would be within 5 metres of any part of the dwelling house; (d) the height of that building or enclosure would exceed ( i) 3.66 metres, in the case of a building with a ridged roof; or JUNE21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B27 Interpretation . ofClassE. ClassF Permitted Development. ClassG Permitted. Development not permitted. THIRD SCHEDULE, contd. (ii) 3 metres, in any other case; ( e) the total area of ground covered by buildings or enclosures within the curtilage ( other than the original dwelling house) would exceed 50% of the total area of the curtilage ( excluding the ground area of the original dwelling house); or (t) in the case ofland within the curtilage or a listed building, it would consist of the provision, alteration or improvement of a building with a cubic content greater than 10 cubic metres. E. 2 for the purpose of Class E purpose incidental to the enjoyment of the dwelling house as such, includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwelling house where the dwelling house is located in a rural area. F. The provision within the curtilage of a dwelling house of a hard surface for any purpose incidental to the enjoyment of the dwelling house as such. G. The installation, alteration or replacement of a satellite antenna on a dwelling house or within the curtilage ofa dwelling house. G 1 Development is not permitted if (a) the size of the antenna (excluding any projecting feed element, reinforcing rim, mounting and brackets) when measured in any dimension would exceed (i) 45 centimetres in the case of an antenna to be installed on a chimney; (ii) 70 centimetres in any other case; 350B28 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 Conditions. Interpretation of Part 1. Class A Permitted Development. Development not permitted. THIRD SCHEDULE, contd. (b) the highest part of an antenna to be installed on a roof or a chimney would, when installed, exceed in height ( i) in the case ofan antenna to be installed on a roof, the highest part of the roof; (ii) in the case of an antenna to be installed on a chimney, the highest part of the chimney; (c) there is any other satellite antenna on the dwelling house or within its curtilage; G2 Development is permitted by Class G subject to the following conditions 1. (a) an antenna installed on a building shall, so far as practicable, be sited so as to minimise its effect on the external appearance to the building; (b) an antenna no longer needed for the reception or transmission of microwave radio energy shall be removed as soon as reasonably practicable. For the purposes of Part 1 "existing building" means the dwelling house as enlarged, improved or attached, taking into account any enlargement, improvement or alteration to the original dwelling house, whether permitted by this Part or not. PART 2-Minor Operations A The erection, construction, maintenance, improve­ ment or alteration of a gate, fence, wall or other means of enclosure. A.1 Development is not permitted if ( a) the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used JUNE21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B29 ClassB Pennitted Deveopment. ClassC Pennitted Development. Development not pennitted. Interpretation. General Note. THIRD SCHEDULE, contd. by vehicular traffic would, after the carrying out of the development, exceeds one metre above ground level; (b) the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed two metres above ground level; ( c) the height of any gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub­ paragraph (a) or (b) as the height appropriate to it if erected or constructed, which is the greater; or ( d) it would involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building. B. The formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development pennitted by any class in this Schedule ( other than by Class A of this Part). C. The painting of the exterior of any building or work. C. 1 Development is not pennitted where the painting is for the purpose of advertisement, announcement or direction. C. 2 In class C ''painting" includes any application of colour. This part grants planning permission for minor operations in relation to walls and enclosures, and means of access. There is some overlap with Pt. 1, 350B30 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 Class A Permitted Development. ClassB Permitted Development. Class A Permitted Development. THIRD SCHEDULE, contd. which permits the erection of buildings and enclosures, but is limited to dwelling house curtilages. Rights under this Part are not so limited. PART 3-Development by Local Authorities A The erection or construction and maintenance, improvement or other alteration by local authority of (i) such small ancillary building works and equipment as are required on land belonging to or maintained by them for the purpose of any functions exercised by them on that land otherwise than as statutory undertakers; (ii) lamp standards, information works, passenger shelters and seats, telephone boxes, fire alarms, public drinking fountains, horse troughs, useful bins or baskets, barriers for the control of persons waiting to enter public vehicles, and such similar structures or works may be required in connection with the operation of any public service administered by them. B. The deposit by a local authority of waste material or refuse on any land comprised in a site which was used for that purpose previously, whether or not the superficial area or the height of the deposit is thereby extended. PART 4-Temporary Buildings And Uses A. The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land. JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B31 Development not permitted. Conditions. ClassB Permitted Development. Development not permitted. THIRD SCHEDULE, contd. A. 1 Development is not permitted if (a) the operations referred to are mining operations; or (b) planning permission is required for those operations but is not granted or deemed to be granted. A. 2 Development is permitted subject to the conditions that, when the operations have been carried out (a) any building, structure, works, plant or machinery permitted by this Class shall be removed; and (b) any adjoining land on which develop­ ment permitted by this Class has been carried out shall as soon as reasonably practicable, be reinstated to its condi­ tion before that development was car­ ried out. B. The use of any land for any purpose for not more than 28 days in total in any calendar year, of which not more than 14 days in total may be for the purpose of the holding of a market or motor car and motor cycle racing including trials of speed and practicing for the activities and the provision on the land of any moveable structure for the purposes of the permitted use. B. 1 Development is not permitted if (a) the land in question is a building or is within the curtilage of a building; or (b) the land is, or is within, an area of special scientific interest and the use of the land is for (i) motor car and motor cycle racing or other motor sports; (ii) clay pigeon shooting; and ( iii) any war game. 350B32 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 Interpretation of Class B. Class A Permitted Development. Development not permitted. THIRD SCHEDULE, contd. B. 2 ''war game" means-an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke bombs, or guns or grenades which fire or spray paint or are otherwise used to mark other participants), but excludes military activities or training exercises organized by or with the authority of the Jamaica Defence Force. PART 5 -Agricultural Buildings and Operations. Development on units 2.0 hectares or more A The carrying out on agricultural land comprised in an agricultural unit 2.0 hectares or more in area of (a) works for the erection, extension or alteration of a building; or (b) any excavation or engineering opera­ tions, which are reasonably necessary for the purposes of agriculture within that unit. A. 1 Development is not permitted if (a) the development would be carried out on a separate parcel ofland forming part of the unit which is less than O .4 hectare in area; (b) it would consist of, or include, the erection, extension or alteration of a dwelling; (c) it would involve the provision of a building, structure or works not designed for agricultural purposes; ( d) the ground area which would be covered by (i) any works or structure ( other than a fence) for accommodating livestock or any plant or machinery arising from engineering operations; or JUNE21.2013] PROCLAMATIONS, RULES AND REGULATIONS 350B33 Conditions. THIRD SCHEDULE, contd. (ii) any building erected or ex­ tended or altered by virtue of this Class, would exceed 465 square metres, calcu­ lated as described in para­ graph D.2; (e) the height of any part of any building, structure or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres; (f) the height of any part of any building, structure or works not within 3 kilometres of the perimeter of an aerodrome would exceed 12 metres; (g) any part of the development would be within 25 metres of a metalled part of a trunk or classified road; (h) it would consist of, or include, the erection or construction of, or the carrying out of any works to, a building, structure or an excavation used or to be used for the accommodation oflivestock or for the storage of slurry or sewage sludge where the building, structure or excavation is, or would be, within 400 metres of the curtilage of a protected building; or (i) it would involve excavations or engineering operations over land which are connected with fish farming. A. 2 ( 1) Development is permitted by Class A subject to the following conditions (a) where development is carried out within 400 metres of the curtilage ofa protected building, any building, structure, excavation or works resulting from the development shall not be used for the accommodation of livestock except in 350834 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 THIRD SCHEDULE, contd. the circumstances described in para­ graph D.3 or for the storage of slurry or sewage sludge; (b) where the development involves ( i) the extraction of any mineral from the land, or (ii) the removal of any mineral from a mineral-working deposit, the mineral shall not be moved off the unit; (c) waste materials shall not be brought onto the land form elsewhere for deposit except for use in works described in Class A (a) or in the creation of a hard surface and any materials so brought shall be incorporated forthwith into the building or works in question. (2) Subject to paragraph (3), development consisting of (i) the erection, extension or alteration of a building; (ii) the formation or alteration of a private way; (iii) the carrying out of excavations or the deposit of waste material (where the relevant area, as defined in paragraph D .4 below exceeds 0 .5 hectare); or (iv) the placing or assembly of a tank in any waters is permitted by Class A subject to the following conditions (a) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, • design and external appearance of the building, the siting and means of construction of the private way, the JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B35 THIRD SCHEDULE, contd. siting of the excavation or deposit of the siting and appearance of the tank, as the case may be; (b) the application shall be accompanied by a written description of the proposed development and of the materials to be used and a plan indicating the site; ( c) the development shall not be begun before the occurrence of one of the following (i) the receipt by the applicant from the local planning authority notice of a' written notice of their determination that such prior approval is not required; (it) where the local planning authority gives the applicant notice within 28 days following the date on which the application was received by the local planning authority without the local planning authority making any deter­ mination as to whether such approval is required or notifying the applicant of their determination; (iii) the expiry of28 days following the date on which the appli cation was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination; (cc) (i) where the local planning authority gives the applicant notice that . such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of28 days from the date on which the local planning authority gave the notice to the applicant; 350B36 PROCLAMAf'IONS, RULES AND REGULATIONS (JUNE21,2013 THIRD SCHEDULE, contd. (ii) the applicant shall not be treated as not having complied with the requirements of sub-paragraph (i) if the site notice is, without any fault or intention of his, removed, obscured or defaced before the period of2 l days referred to in that sub­ paragraph has elapsed, if he has taken reasonable steps for its protection and, if need be, replacement;] ( d) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out (i} where prior approval is required, in accordance with the details approved; (ii} where prior approval is not required, in accordance with the details submitted with the application; and (e} the development shall be carried out (i} where approval has been given by the local planning authority, within a period of two years from the date on which approval was given; (ii) in any case, within a period of two years from the date on which the local planning authority were given the information referred to in sub-paragraph (b ). (3) The conditions in paragraph (2) do not apply to the extension or alteration of a building except in the case of significant alteration or a significant extension. (4) Development consisting of the significant extension or the significant alteration of a building may only be carried out once by virtue of Class A (a). JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B37 Class B Permitted Development. Development not permitted. THIRD SCHEDULE, contd. Development on units of less than 2.0 hectares. B. The carrying out on agricultural land comprised in an agricultural unit of not less than 0.4 but less than 2 hectares in area of development consisting of (a) the extension or alteration of an agricultural building; (b) the installation of additional or replacement plant or machinery; (c) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; (d) the provision, rearrangement or replacement of a private way; (e) the creation of a hard surface; (f) the deposit of waste; or (g) the carrying out of any of the following operations in connection with fish farming, namely repairing ponds and raceways; the installation of grading machinery, aeration equipment or flow meters and any associated channel; the dredging of ponds; and the replacement of tanks and nets, where the development is reasonably necessary for the purposes of agriculture within the unit. B. 1 Development is not permitted by Class B if (a) the development would be carried out on a separate parcel ofland forming part of the unit which is less than 0.4 hectare in area; (b) the external appearance of the premises would be materially affected; (c) any part of the development would be within 25 metres of a metalled part of a trunk or classified road; 350B38 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 THIRD SCHEDULE, contd. (d) it would consist of, or involve, the carrying out of any works to a building or structure used or to be used for the accommodation of livestock or the storage of slurry or sewage sludge where the building or structure is within 400 metres of the curtilage of a protected building; or ( e) it would relate to fish farming and would involve the placing or assembly of a tank on land or in any waters or the construction of a pond in which fish may be kept or an increase ( otherwise than by the removal of silt) in the size of any tank or pond in which fish may be kept. B. 2 Development is not pennitted by Class B(a) if (a) the height of any building would be increased; (b) the cubic content of the original building would be increased by more than I 0 percent; (c) any part of any new building would be more than 30 metres from the original building; (d) the development would involve the extension, alteration or provision of a dwelling; (e) any part of the development would be carried out within 5 metres of any boundary of the unit; or (t) the ground area of any building extended by virtue of this Class would exceed 465 square metres. B. 3 Development is not permitted by Class B (b) if (a) the height of any additional plant or machinery within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres; JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B39 Conditions. Class C Permitted Development. THIRD SCHEDULE, contd. (b) the height of any additional plant or machinery not within 13 kilometres of the perimeter of an aerodrome would exceed 12 metres; ( c) the height of any replacement plant or machinery would exceed that of the plant or machinery being replaced; or ( d) the area to be covered by the develop­ ment would exceed 465 square metres calculated as described in paragraph D .2 below. B. 4 Development is not permitted by Class B ( e) if the area to be covered by the development would exceed 465 square metres calculated as described in paragraph D.2 below. B. 5 Development permitted by Class B and carried out within 400 metres of the curtilage of a protected building is subject to the condition that any buildipg which is altered, or any works resulting from the development, shall not be used for the accommodation of livestock except in the circumstances described in paragraph D.3 or for the storage of slurry or sewage sludge. B. 6 Development is permitted by Class B (t) subject to the following conditions (a) that waste materials are not brought on to the land from elsewhere for deposit unless they are for use in works described in Class B ( a),( d) or ( e) and are . incorporated forthwith into the building or works in question; and (b) that the height of the surface of the land will not be materially increased by the deposit. Mineral Working for Agricultural Purposes. C. The winning and working on land held or occupied with land used for the purposes of agriculture of any 350840 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 Development not permitted. Condition. Interpretation of Part 5. THIRD SCHEDULE, contd. mineral reasonably necessary for agricultural purposes within the agricultural unit of which it forms part. C. 1 Development is not permitted by Class C if any excavation would be made within 15.24 metres ofa metalled part of a trunk or classified road. C. 2 Development is permitted by Class C subject to the condition that no mineral extracted during the course of the operation shall be moved to any place outside the land from which it was extracted, except to land which is held or occupied with that land and is used for the purposes of agriculture. D. I For the purposes of Part 5 "agricultural land" means land which, before development permitted by this Part is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business, and excludes any dwelling house or garden; "agricultural unit" means agricultural land which is occupied as a unit for the purposes of agriculture, including (a) any dwelling or other building on that land occupied for the purpose offanning the land by the person who occupies the unit, or (b) any dwelling on that land occupied by a farm worker; "building" does not include anything resulting from engineering operations; "fish fanning" means the breeding, rearing or keeping of fish or shellfish ( which includes any kind of crustacean and mollusc); "livestock" includes fish or shellfish which are fanned; JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350841 THIRD SCHEDULE, contd. "protected building'' means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include (i) a building within the agricultural unit; {ii) a dwelling or otller building on another agricultural unit which is used for or in connection with agriculture; ''significant extension'' and "significant alteration'' mean any extension or alteration of the building where the cubic content of the original building would be exceeded or altered would exceed the height of the original building; and "tank" includes any cage and any other structure for use in fish farming. D. 2 For the purposes of this Part (a) an area calculated as described in this paragraph comprises the ground area which would be covered by the proposed development, together with the ground area of any building ( other than a dwelling), or any structure, works, plant, machinery or ponds or tanks within the same unit which are being provided or have been provided within the preceding two years and any part of which would be within 90 metres of the proposed developments; (b) 400 metres is to be measured along the ground. D. 3 The circumstances referred to in paragraph A.2(1) (a) and B.5 are that no other suitable building or structure, 400 metres or more from the curtilage of a protected building, is available to accommodate the livestock; and 350842 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 THIRD SCHEDULE, contd, (a) that the need to accommodate it arises from (i) a quarantine requirements; (ii) an emergency due to another building or structure in which the livestock could otherwise be accommodated being unavailable because it has been damaged or destroyed by fire, flood or storm; or (b) in the case of animals normally kept out of doors that require temporary accommodation in a building or other structure (i) because they are sick or giving birth or newly born; or (ii) to provide shelter against extreme weather conditions. D.4 For the purposes of paragraph A. 2 (2) (iii) the relevant area is the area of the proposed excavation or the area on which it is proposed to deposit waste together with the aggregate of the areas of all other excavations within the unit which have not been filled and of all other parts of the unit on or under which waste has been deposited and has not been removed. D. 4 A-In paragraph A.2(2) (cc), "site notice" means a notice containing (a) the name of the applicant; (b) the address or location of the proposed development; (c) a description of the proposed development and of the materials to be used; (d) a statement that the prior approval of the authority will be required to the siting, JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B43 Class A Permitted development. THIRD SCHEDULE, contd. design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be; and (e) the name and address of the local planning authority and which is signed and dated by or on behalf of the applicant. D. 5 For the purpose of Class B (a) the erection of any additional building within the curtilage of another building is to be treated as the extension of that building and the additional building is not to be treated as an original building; (b) where two or more original buildings are within the same curtilage and are used for the same undertaking they are to be treated as a single original building in making any measurement in connection with the extension or alteration of either of them. D. 6 In Class C, "the purposes of agriculture" includes fertilizing land used for the purposes of agriculture and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used." PART 6-Forestry Buildings And Operations A. The carrying out on land used for the purposes of forestry, including afforestation, of development reasonably necessary for those purposes consisting of (a) works for the erection, extension or alteration of a building; (b) the formation, alteration or maintenance of private ways; 3501344 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 Development not pennitted. Conditions. THIRD SCHEDULE, contd. ( c) operations on that land, or on land held or occupied with that land, to obtain the materials required for the fonnation, alteration or maintenance of such ways; (d) other operations (not including engineering or mining operations). A. 1 Development is not permitted if (a) it would consist of or include the provision or alteration of a dwelling; (b) the height of any building or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height; or ( c) any part of the development would be within 15.24 metres of the metalled portion of a trunk or classified road. A. 2(1) Subject to paragraph (3), development consisting of the erection of a building or the ( extension or alteration) of a building or the formation or alteration of a private way is permitted by Class A subject to the following conditions (a) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way; (b) the application shall be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site; ( c) the development shall not be begun before the occurrence of one of the following (i) the receipt by the applicant from the local planning JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B45 THIRD SCHEDULE, contd. authority of a written notice of their determination that such prior approval is not required; (ii) where the local planning authority gives the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; (iii) the expiry of28 days follow­ ing the date on which the application was received by the local planning authority without the local planning authority making any deter­ mination as to whether ap­ proval is required or notify­ ing the applicant of their determination; (cc) (i) where the local planning authority gives the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant; (ii) the applicant shall not be treated as not having complied with the requirements of sub-paragraph (i) if the site notice is, without any fault or intention of his, 350846 PROCLAMAI'IONS, RULES AND REGULATIONS [JUNE21,2013 Interpretation. THIRD SCHEDULE, contd. removed, obscured or defaced before the period of 21 days referred to in that sub-paragraph has elapsed, if he has taken reasonable steps for its protection and, if need be, replacement;] ( d) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out (i) where prior approval is required, in accordance with the details approved; (ii) where prior approval is not required, in accordance with the details submitted with the application; (e) the development shall be carried out (i) where approval has been given by the local planning authority, within a period of two years from the date on which approval was given; (ii) in any other case, within a period of two years from the date on which the local planning authority were given the information referred to in sub-paragraph (b). (2) In the case of development consisting of the significant extension or the significant alteration of a building, such development may be carried out only once. A. 3 For the purposes of this class "Significant extension" and "significant alteration" mean any extension or alteration of the building where the cubic content of JUNE21, 2013) PROCLAMATIONS, RULES AND REGULATIONS 350847 Class A Permitted Development. General Note. THIRD SCHEDULE, contd. the original building would be exceeded by more than 10 percent or the height of the building as extended or altered would exceed the height of the original building. "site notice" means a notice containing­ ( a) the name of the applicant; (b) the address or location of the proposed development; ( c) a description of the proposed development and of the materials to be used; (d) a statement that the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way; (e) the name and address of the local planning authority, and which is signed and dated by or on behalf of the applicant. PART 7-Repairs To Unadopted Streets And Private Ways The carrying out on land within the boundaries of an unadopted street or private way of works required for the maintenance or improvement of the street or way. Works by road authorities for.maintenance and· improvement of roads do not constitute develop­ ment, by virtue of the 1957 Act S.5(2)(b). This Part grants planning permission for such works in relation to unadopted streets and private ways, being in both cases ways or highways which are not maintainable at the public expense. 350B48 PROCLAMfilIONS, RULES AND REGULATIONS [JUNE21,2013 Class A Permitted Development. General Note. Class A. Permitted Development. Development not permitted. THIRD SCHEDULE, contd. PART 8-Repairs to Services The carrying out of any works for the purposes of inspection, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose. Works for the purpose prescribed in this part do not require planning permission if undertaken by local authorities and statutory undertakers, by virtue of the 1957 Act S.5 (2)(c). This part grants planning permission for cases where the works are to be carried out by others. PART 9-Aviation Development Development at an airport. A The carrying out on operational land by a relevant airport operator or its agent of development (including the erection or alteration ofan operational building) in connection with the provision of services and facilities at a relevant airport. A. l Development is not permitted by class A if it would consist of or include (a) the construction or extension of a runway; (b) the construction of a passenger terminal the floor space of which would exceed 500 square metres: (c) the extension or alteration ofa passenger terminal, where the floor space of the building as existing at the date of coming into force of this order or, if built after that date, of the building as built would be exceeded by more than 15 per cent; ( d) the erection of a building other than an operational building; (e) the alteration or reconstruction of a building other than an operational J~E21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350e'' Conditions. Interpretation of Class A. Class B. Permitted Development. Class C. Permitted Development. THIRD SCHEDULE, contd. building, where its design or external appearance would be materially affected. A. 2 Development is permitted by Class A subject to the condition that the relevant airport consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph A.3(2). A. 3 (1) For the purposes of paragraph A. 1 floor space shall be calculated by external measurement and without taking account of the floor space in any pier or satellite. (2) Development falls within this paragraph if ( a) it is urgently required for the efficient running of the airport, and (b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancilliary building, or the placing on land of equipment, and the works, structure, building, or equipment, do not exceed 4 metres in height or 200 cubic metres in capacity. Air navigation development at an airport. B. The carrying out on operational land within the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with (a) the provision of air traffic control services; (b) the navigation of aircraft using the airport; or ( c) the monitoring of the movement of aircraft using the airport. Air navigation development near an airport. C. The carrying out on operational land outside but within 8 kilometres of the perimeter of a relevant 350850 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 Development not Permitted. Class D. Permitted Development. THIRD SCHEDULE, contd. airport by a relevant airport operator or its agent, of development in connection with ( a) the provision of air traffic control services; (b) navigation of aircraft using the airport; or (c) th~ monitoring of the movement of aircraft using the airport. C. 1 Development is not permitted by Class C if (a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, with assisting the navigation of aircraft or with monitoring the movement of aircraft using the airport; (b) any building erected would exceed a height of 4 metres; (c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus if greater. Development by Civil Aviation Authority within an airport. D. The carrying out by the Civil Aviation Authority or its agents, within the perimeter of an airport at which the Authority provides air traffic control services, of development in connection with ( a) the provision of air traffic control services; (b) the navigation of aircraft using the airport; or JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS Class E. Permitted Development. Development not permitted. Class F. Permitted Development. Condition. THIRD SCHEDULE, contd. ( c) the monitoring of the movement of aircraft using the airport. Development by Civil Aviation Authority for air traffic control and navigation. E. The carrying out on operational land of the Civil Aviation Authority by the authority or its agents of development in connection with ( a) the provision of air traffic control services; (b) the navigation of aircraft; or ( c) monitoring the movement of aircraft. E. l Development is not permitted by Class E if F. (a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, assisting the navigation of aircraft or monitoring the movement of aircraft; (b) any building erected would exceed a height of 4 metres; or (c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus if greater. Development by the Civil Aviation Authority in an emergency. The use of land by or on behalf of the Civil Aviation Authority in an emergency to station moveable apparatus replacing unserviceable apparatus. F. I Development is permitted by Class F subject to the condition that on or before the expiry of a period 350852 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 Class G. Pennitted Development. Condition. Class H. Pennitted Development. Condition. THIRD SCHEDULE, contd. of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer. Development by the Civil Aviation Authority for air traffic control etc. G. The use ofland by or on behalf of the Civil Aviation Authority to provide service and facilities in connection with ( a) the provision of air traffic control services; (b) the navigation of aircraft; or (c) the monitoring of aircraft; and the erection or placing of moveable structures on the land for the purpose of that use. G 1 Development is pennitted by Class G subject to the condition that, on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer. Development by the Civil Aviation Authority for surveys etc .. R The use ofland by or on behalf of the Civil Aviation Authority for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations. H. 1 Development is pennitted by Class H subject to the condition that, on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B53 Class J. Permitted • Development. Interpretation of Part 9. General Note. THIRD SCHEDULE, contd. its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer. Use of airport buildings managed by relevant airport operators. J. The use ofbuildings within the perimeter of an airport managed by a relevant airport operator for purposes connected with air transport services or other flying activities at that airport. K. For the purpose of Part 9 "operational building" means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a relevant airport; "relevant airport" means any airport permitted to levy airport charges by the Government of Jamaica or any airport owned or managed by the Airports Authority of Jamaica, its subsidiaries or agencies; "relevant airport operator" means the operator of a relevant airport. This Part grants permission for development by: (l) relevant airport operators, at and (Class C) within 8 kilometres of, relevant airports; and (2) the Civil Aviation Authority in connection with air traffic control services, air navigation and monitoring services. Class A. Permitted Development. PART 10 -Telecommunications Operations A. l The carrying out of the proper design and siting of Telecommunications Network (a) Most conventional television aerials and their mounting or poles. Many of PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 Development not permitted. Conditions. THIRD SCHEDULE, contd. the smallest antenna systems that may be covered by the normal principle of de minimis and/or may not have a material effect on the external appearance of the building on which they may be installed; (b) apparatus such as radio masts which is being installed on the ground not exceeding a height of 15 meters (45ft) above ground level or the height of any apparatus which it replaces whichever is greater but not including antennas installed on radio masts; {c) satellite antennas except when precluded in any Development Order. (a) Cellular towers/masts and mono poles not permitted that are being placed in residential areas, schools and hospitals; (b) The cellular tower/mast and mono poles that are being located in areas of scenic beauty,protected buildings, national monuments, conservation and or protected areas and sites protected under the Jamaica National Heritage Trust Act and the Town and the Town and Country Planning Act. A. 2 Development is permitted by Class A subject to the following conditions (a) an antenna installed on a building shall, so far as practicable, be sited so as to minimize its effect on the external appearance of the building; (b) an antenna no longer needed for the reception or transmission of micro wave radio energy shall be removed as soon as reasonably practicable. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B55 FOURTH SCHEDULE FORM A (Paragraphs 8, 10, 12 and 13) Notification to be sent to the Applicant on receipt of an Application Your application dated: (insert date) For development at: ( insert address) has been received and if it is not valid you will receive a further communication to this effect. If you have not been informed that the application is not valid and you have not been given notice by the planning authority of its decision within three (3) months of their receipt of the application or such extended period as may at any time be agreed upon in writing between the applicant and the planning authority then you may appeal to the Minister, (copy to the planning authority) in accordance with section 13 (4) of the Town and Country Planning Act on the grounds that your application has been refused. FORM B Notification to be sent to Applicant on Refusal of Planning Permission or on the Grant of Permission subject to Conditions To be Endorsed on Notices of Decision 1. If you are aggrieved by the decision of the local planning authority to refuse permission for the proposed development, or to grant permission subject to conditions, you may, by notice served within thirty days of the receipt of this notice, appeal to the Minister, ( copy to the planning authority) in accordance with section 13 of the Town and Country Planning Act. The Minister has power to allow a longer period for the giving of a Notice of Appeal and he may exercise this power in cases where he is satisfied that you have deferred the giving of notice because negotiations with the planning authority in regard to the proposed development are in progress. The Minister is not, however, required to entertain such an appeal if it appears to him that the planning permission for the proposed development could not have been granted by the planning authority, or could not have been so granted otherwise than subject to the conditions imposed by them, having regard to the provisions of section 11 of the Act and of the Development Order and to any directions given in the Order. 2. In certain circumstances provided for in section 17 of the Town and Country Planning Act, a claim may be made against the Town and Country Planning Authority for compensation where, permission is refused or granted subject to conditions by the Minister on appeal. 350B56 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FOURTH SCHEDULE, contd. FORMC Notification to be sent to Applicant on reference of an Application to the Authority under section 12 of the Act (calling-in of Application) Name of Applicant: Address: Under section 12 of the Town and Country Planning Act, your application dated for a development at -----~ (insert date) ( insert address) has been referred to the Town and Country Planning Authority, 10 Caledonia Avenue, Kingston S, for detennination. If you so desire, before detennining the application, the Authority will upon request, afford you the opportunity of appearing before and being heard by a person appointed by the Authority for the pwpose. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS FIFTH SCHEDULE STATEMENTS Section I-The Planning Framework TRELAWNY PARISH DEVEWPMENT AREA 350857 (Paragraphs 16, 22 and 24) Trelawny is located in the north-western section ·of the island in the county of Cornwall at latitude 18° 15' N and longitude 77° 46' W. It has a land area of approximately 874.6km2 and is bounded by St. James to the west, St. Elizabeth, Manchester and Clarendon to the south and St. Ann to the east. Its northern boundary is coastal thus classifying it as one of the "north coast parishes." A description of the boundaries is outlined in the first schedule and delineated on Map 1 attached hereto. HISTORY Formed in 1770 from the eastern section of St. James and the western section of St. Ann, the parish came about because the wealthy planters in the area tho ught that the administrative centers were too far away from them and so they lobbied for somewhere nearer. The new parish was named "Trelawny" after Sir William Trelawny who was then Governor of Jamaica. The first capital was Martha Brae, located two (2) miles (3.2km) inland from Rocky Bay. The need for a sea port town to export the large amount of sugar produced by the parish which had more sugar estates than any other parish gave rise to the establishment of a new town "Barrett Town." The lands for this town were bought from Edward Moulton Barrett and its layout and design became one of the best in Jamaica. It was later renamed Falmouth and became a thriving sea port town with luxurious town houses erected by the planters. Trelawny was also home to the largest group of maroons in the island. These were descendants of the slaves left by the Spaniards and runaway slaves who occupied the Cockpit Country, in the southern section of the parish and constantiy raided the estates until a treaty was signed between them and the British in 1739. This gave them freedom and land which effectively put a stop to their raids on the plantation. However, there was a second uprising in 1795 which resulted in over 600 of them being exiled to Nova Scotia in Canada and later to Sierra Leone in Africa in 1800. Trelawny Town (where the Maroons lived) was razed to the ground in reprisals. A down tum in the vibrant sugar industry that existed in the parish during the 1980's and 1990's and a slump in the cattle industry have contributed to a loss of earnings in the robust agricultural sector. However this has not deterred the agricultural sector which is involved in non-traditional crops such as yam cultivation and other established agricultural activities which are experiencing favorable growth potential. The tourism industry is on the rise and the prospects for growth in this sector are bright. This is supported by the several major historical, cultural, recreational and ecological sites which are part of the parish's history which now serves as tourist attractions. 350B58 PROCLAMATIONS, RULES AND REGULATIONS FIFTH SCHEDULE, contd. DEMOORAPHY Population Size and Growth [JUNE 21, 2013 According to the 2004 statistical report, the population of Jamaica stood at 2,641,949 persons. Of this total 2.8% (73,974) resided in the parish of Trelawny, which had experienced a population growth rate of 0.242% for the period 1991 to 2004. According to the Demographic Statistics 2005 published by STATIN the end of year population was 74,713 persons. The period 1991-1998 indicated a steady increase in the population due to factors such as natural increase and domestic migration related to agriculture and tourism. However, for the period 1999-200 I, there was a slight decrease in population growth, with this trend being reversed in subsequent years. Based on the estimated annual growth rate of 0.242% for the parish and 0.941% for the island, the population for Trelawny has been projected to be 74,795 persons in 2011, while that for Jamaica has been projected to be 2,828,809. Based on these projections Trelawny represents 2.7% of the island's population indicating a slight decline. Trelawny has a density of 84 persons per km2 based on the 2011 estimated population figures. This is relatively low when compared to that of the entire island which has an average density of 198 persons per km2• The percentage of the population that has lived in urban areas has been increasing steadily moving from 18% in 1991 to 35% in 200 I. Falmouth has the highest population with 11 % followed by Clarks Town, Albert Town, and Wait-A-Bit with 5% and Ulster Spring the lowest at 1%. During the period 1982-91 Falmouth had the highest population growth rate with most of the other growth centers remaining constant except for Duncans, Wait­ A-Bit and Rio Bueno which experienced negative growth rate. This could be attributed to their location and a lack of jobs and amenities resulting in the migration of residents to areas where these are available. LABOUR AND EMPLOYMENT Labour Force In 1991 the labour force in the parish consisted of 39,124 persons, comprising 20,136 male and 18,988 female or 52.37% of the total population of the parish. This increased by 6.8% in 200 I to 41,799 persons 21,488 males and 20,311 females. Although males outnumber females a comparison of the cohorts show that within the 20-39 and 45-49 age groups there were more females than males in the tabor force. The increase is a positive indication of economic growth that will contribute to an increase in population. The labour force participation rate increased from 55% in 1991 to 57% in 2001. the participation rate for females has increased from 51 % in 1991 to 54 % in 2001. While that for males have remained constant at 56%. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS FIFTH SCHEDULE, contd. NATURAL RESOURCES Minerals 350B59 Due to the nature of the underlying geological fonnation of the parish which is basically limestone, bauxite which is associated with it is found in large quantities. This was confinned by Ms. Diane Gordon of Jamaica Bauxite Institute at an Environmental Foundation of Jamaica sponsored Cockpit Country stakeholders meeting in 2006. She stated that exploratory drilling was done on the northern boundary of the Cockpit Country in the mid I 990's and testing indicated that there were reserves of high economic value. Deposits of interest to the mining industry have been identified near Windsor and at Sherwood Content and Sawyers with smaller pockets along the St. James border. Proposed development of this resource has generated interest among Environmentalists and residents of the area who are concerned about the implications such action could have on the fragile Cockpit Country environment. However, the National Minerals policy states that where mineral resources are deemed to be of significant national importance efforts will be made to exploit them after assessment to determine the feasibility of doing so. Since it will be challenging to mine the area the required management practices necessary to protect its biodiversity and that for other areas will have to be put in place by the authorities. The limestone which is currently being quarried is generally excellent for road construction aggregate and for the manufacture of cement. The chemical and industrial grade can be used in chemical and industrial application and Dolomite in the manufacture of pastes for metals. Clay which can be used for a myriad of purposes is found in the interior valleys and alluvial plains. Polices and guidelines will therefore be developed to guide the extraction of all minerals where it is possible to do so without environmental repercussions. NATURAL CONDITIONS Topography Trelawny has some of the most spectacular limestone landscapes in Jamaica. Vast areas of the northern section are flat with wide plains and hillocks such as the Queen of Spain's Valley, which is 750 feet above sea level and Windsor 580 feet. The portions of the southern section containing the Cockpit Country are approximately 750 feet above sea level with the highest point in the parish being Mount Ayr at 3000 feet. 350B60 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FITTH SCHEDULE, contd. The Cockpit Country is made of Karst landscape and comprises many interlocking domes and sinkholes. An aerial view shows a beautiful site that depicts gentle hills and valleys over a very large area. Along the southern side the elevation rises to about 600m while towards the north it descends to about 200m. While stream flow in the Cockpit Country is generally subterranean, on the margins surface flow is confined to Hectors River in the west, Martha Brae to the north, Great River to the west, Montego River to the north-west and the Black River to the south. Sections of the coastal area consist of mangrove swamps. Climate The climate is a typical tropical pattern with hot lowlands giving way to the cooler high lands. Seasonal variation in temperature is less than day-night variation, and extremes of temperature are affected by maritime influences. The prevailing north-east trade winds blow in from the Atlantic in a south- westerly direction but by the time they reach the north coast they would have lost some of their moisture limiting the amount of rainfall the parish can receive. The mean annual for 2005 was 1848mm with that for the 30 year period 1957-1980 being 1606 mm, 13.10% lower than the 30 year mean. The marked period of primary rainfall is July with a secondary peak in October and November, while the dry period occurs from December through to the end of March. However, both annual and daily rainfall patterns are highly variable. Annual rainfall gradients decrease from south to north with the south having the highest precipitation volumes, often in the form of heavy fog and the north a semi­ dry climate. DRAINAGE Drainage in Karstic Limestone is a complex combination of surface and under­ ground water and streams; rainwater dissolves cracks in limestone and eventually collects in sufficient volume to rise back to the surface, flooding the bottom of cockpits and poljies. Trelawny has three watershed basins which comprise many surface and underground conduits. The Quashie and Cane rivers tend to rise above ground, flow on the surface and then sink to join the Rio Bueno and the Martha Brea rivers. The upper Cane River is part of the generally east flowing drainage that is gradually "beheading" the westward flowing drainage. The other rivers flow in a northerly direction. Land Capability The soils over Trelawny are very uniform, with most of the parish being covered by red or brown bauxite bearing soils. The only major variation in this pattern is a direct result of changes in parent material. Topography also exerts a strong influence on the soils causing variations in depth and degree of erosion. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B'1 FIFTH SCHEDULE, contd. The northern section of the parish is made up of primarily clays which drain poorly in most areas and facilitate the growing of sugar cane. In the south the soils drain rapidly leading to underground conduits and causing land slippage where the land is stripped continuously for yam cultivation. I Conservation of the Natural and Built Environment The Cockpit Country which is one of Jamaica's outstanding and well known wilderness region is located in the southern section of the parish. The predominance of the white limestone which is subject to weathering in this area along with moderate to high rain fall has resulted in a system of underground caverns, sink holes, steep sided conical hills and polygon shaped depressions making it a natural reserve for flora and fauna. Most of Jamaica's 27 endemic bird species can be found here, along with yellow snakes, and the giant swallow tail butterfly, the largest butterfly in the western hemisphere. The Windsor cave is one of the largest and most outstanding to be found in the area having several chambers ranging from tight fit to huge. During the rainy season the roar of Martha Brae can be heard here as it flows underground. This cave can be explored safely for more than a mile. There are some other 48 caves existing in the parish with several known for their beauty and all having phosphate deposits. There are sections of the coastal area which consist of mangrove swamps and marshes with these being the most significant wetlands area on the north coast. To the east of Falmouth there is Oyster Bay also known as Luminous Lagoon, which contains bio-luminescent tnicro-organism, which glow at night. The effect on the water is such that moving fishes appear like the tail of a comet. Trelawny has several sites which are of historical, -archeological and architectural significance. Many of these are worthy of preservation for the interest of both residents and visitors. In addition the town of Falmouth itself is of great significance as many elegant Jamaican Georgian buildings survived here and will be preserved and rehabilitated where necessary in due course. ECONOMIC ACTIVITY AND EMPLOYMENT Trelawny's economy is based mainly on agriculture, manufacturing and tourism. Rum and sugar are the main manufactured products with yam, bananas, vegetables, pimentos, coffee, ginger and coconut being the agricultural activities. Although sugar is on the decline, the other non traditional crops have great economic potential with the population showing a keen interest in growing these crops. Although the fishing industry is declining a large amount is still produced both from catches at sea as well as from fish ponds. This is supplied to local markets including hotels. There are some 25 factories in Trelawny including two of the eight remaining sugar factories, Hampden and Trelawny Sugar, with the others involved in the manufacturing of apparel among other things. 350a'1 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFfH SCHEDULE, contd. The tourism sector is growing and is one of the largest earners in the parish with the existence of four major hotels, FDR Pebbles, Star Fish, Grand Lido Braco, Silver Sands Resort and Fisherman's Inn. There are plans to construct two new ones shortly and to undertake a massive resort development at Harmony Cove. There are also several tourist attractions such as a 90 minutes long rafting trip on the Martha Brae River. TRANSPORTATION The north coast highway, which runs from Negril to Port Antonio for the most part, traverses the coastal area of the parish. The exception is an area between Salt Marsh and Rio Bueno which' extends landward for approximately 1.6km. Although it by-passes the towns of Falmouth and Duncans its existence allows easy road access from both the eastern and western sections of the island, especially the resort towns of Ocho Rios and Montego Bay. Road access to the southern section of the parish can also be gained from Manchester allowing the parish to link up with the South Coast road network thus facilitating travel to Kingston and Negril. Generally the interior of the parish has a well established network of roads providing easy and convenient movement between urban centers. There are no aerodromes in Trelawny and so the population relies on the Donald Sangster International Airport in Montego Bay for air travel. However, there are plans to construct an aerodrome in Braco to facilitate the Harmony Cove development. Currently the only active port is in Rio Bueno but this is used privately to facilitate an adjoining commercial development. The main mode of public transportation is by taxi and minibuses. These run on specific routes and travel from different destinations to the various urban centers within the parish. Travel to areas outside of the parish is mainly by buses. In some of the rural areas such as Alps and Ulster Spring, donkeys are still being used to transport produce from the fields to the main road where it is picked up by trucks for transportation to other areas of the island. MAJOR GROWTH AREAS The National Settlement Strategy provides the spatial framework for the development of areas as "Urban Growth Centers." The purpose of these centers is to achieve a rational pattern ofland use and community development which will offer a guide as to where is most appropriate for receiving priority in future public and private investments. Social and infrastructural services and economic activities will be concentrated in these areas in such a manner that people will have easy access to them. Basic services will be provided at minimum cost while making for efficiency in land use. The general technique is to promote centers which service people within a certain range. The centers are determined by physical conditions and the economic and social needs of an area, and will function as the stimulus and focus of urban growth and JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B63 FIFfH SCHEDULE, contd. development. A growth Center should have the basic infrastructure such as Post Office, electricity, paved road and a number of facilities and amenities such as schools, commercial areas, a clinic, police station. The limits will be identified by an urban fence within which all development activities are expected to take place as none will be encouraged outside in an effort to prevent urban sprawl. The two major growth centers are:­ F almouth This is a sub-regional center and the parish capital, situated on the north coast of Jamaica between Ocho Rios and Montego Bay. It is also the administrative and commercial center of the parish and was founded by Thomas Reid in 1769. The town was named after the birthplace of His Excellency Sir William Trelawny, Falmouth, Cornwall, Britain. Laid out in a regular grid pattern, it is the best preserved late eighteenth century to early nineteenth century town in the island and contains many features of historic and architectural interest including many Georgian buildings. The town was meticulously planned from the outset with wide streets adequate water supply and public buildings. It is said that Falmouth received piped water before New York City. Duncans Duncans is a town not very far from the sea coast and was very active in the I 960's. Its proximity to the coast has given rise to it being the main centre of support for resort developments in areas such as Silver Sands, which is now absorbed as part of the Growth Centre. It is one of these towns that spring up at Cross Roads but now has a lot of facilities and amenities. It possesses most or all of the major requirements for a Growth Centre such as post office, police station, health centre, cemetery, churches and commercial facilities. Before the opening of the North Coast Highway which bypasses the square to the north and east, vehicles on their way to Montego Bay from Ocho Rios had to pass through it. The effect of this change on commercial enterprises is yet to be determined. It also provides easy access to Clarks Town and other sections of the sugar cane growing area of the parish. There are several housing developments taking place in its environs and proximity to the proposed Harmony Hall resort development augers well for its future. Local Plans have been prepared for all the Growth Centres as listed in Appendix 2 with their urban boundaries indicated on Map 1. 350B64 PROCLAMATIONS, RULES AND REGULATIONS [JtJNE 21, 2013 FIFTH SCHEDULE, contd. VISION The parish faces a number of pressing problems such as land for urban expansion, economic development, the protection of conservation areas among other things. Unfortunately decisions about these issues are frequently made in the absence of a real vision of how residents would want their communities in particular and the parish in general to look in the future. Visioning is the process by which the residents in a community or a parish envision the future they want and then plan how to achieve it. This aids in the determination of sustainable strategies, objectives and policies. If sustainability is to successfully integrate the social, economic and environmental aspects of the parish then it is important to have an understanding of the perceptions of the people. The vision below describes where the youth and other stakeholders in the parish would like to see it in 10 - 15 years time. It reflects the commonly held values of the people and will guide the development of the parish. A range of quality recreational opportunities to benefit residents and attract tourism, an increased number of housing units through the availability of land providing more opportunities for residents and the preservation of productive agricultural lands, open space and environmental coi:ndors are some of their planning concerns. The VISION therefore foresees "a strong economy that will generate a range of employment opportunities in the parish with an attractive natural and built environment, a distinctive townscape with high class architecture and efficient buildings using less energy and residents and visitors having easy access to a range of facilities including health, education and training, and housing along with good governance". STRATEGY The strategy for the parish of Trelawny "is to provide support and encouragement for the local economy within a framework to protect and improve the environment". This will involve the promotion of a renaissance not only in a physical sense but through the development of more balanced growth centres with proper social facilities and amenities and the promotion of a prosperous and multifaceted countryside. The strategy in keeping with the Vision of the residents will guide development in the various growth centres and emphasize the need to respect the natural and built environment, conservation and landscape and protect the identity and character of settlements. It will create opportunities for investment in the urban areas by emphasizing constraints on development outside of the urban areas and by focusing on the quality of design and techniques for making better use of urban space. Business and commerce will be able to access the latest developments in building technology and quality construction. The distinctive character of the Cockpit Country and the town of Falmouth will be preserved, their environmental and heritage role JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B65 FIFTH SCHEDULE, contd. respectively sustained and development balanced against demands for improvements in the quality of life and sustainability. The local planning authority's ability to plan radically is limited by the pattern of existing development and infrastructure but this Development Order will play a positive role in shaping the future of the parish. Policy guidelines will set out to address among other things the demand for urban services, unplanned expansion of settlement areas, misuse of agricultural land, land degradation and tourism development. These urban and regional policies and guidelines will provide direction to the overall development of the parish and strengthen urban/rural linkages and local area based development. In protecting the environment for future generations and in keeping with the Strategy, the local planning authority will support sustainable forms of development. PURPOSE OF THE ORDER This Development Order will guide development for the next ten to fifteen years, encouraging activities the local planning authority has identified as beneficial to the parish generally and the local communities ( Growth Centres) specifically and preventing those that could harm the environment or amenity of the residents. The main aim is to provide the basis for sound decisions on planning applications in accordance with the Vision, Strategies, Objectives, Policies and proposals outlined in the document. The Town and Country Planning Act require all applications to be determined in accordance with the provisions of the Order unless material considerations indicate otherwise. An applicant who proposes a development that does not accord therewith, except those falling within the categories outlined in the third and fourth schedule will need to demonstrate compelling reasons why it should be allowed. In some instances the Order will encourage appropriate development on specifically identified sites or in particular areas. 'FORMAT OF THE ORDER The document is presented in two parts along with the Land Use Proposal Maps. · Part I-The Citation, Interpretation, Notices, Schedules and other Statutory matters Part 2-The Statements The Statements is further divided into two Sections: Section· 1 identifies the Planning Framework and deals with the Objectives and Policies with reasoned justification at the Parish level under different Thematic Headings, and Section 2 provides the Guidelines and Policies for Local Area Development and the Appendices. The Appendices include standards and details for such matters as parking and loading requirements, guidelines for petrol filling stations, residential densities etc. 350866 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. The Land Use Proposals Maps show the particular property which may be affected by the policies indicated in the written statement. Some of these policies are general and will affect the entire parish while some will only be applicable to specific urban areas and communities. If a discrepancy should arise between the Statements and the · Maps then the former will prevail. Although the Order is presented in sections it should be considered as a whole. HOW TO USE THE ORDER (l) For information ( a) on the interpretation of legal definitions, the application process and schedules refer to Part 1; (b) on a particular site or building refer to the Proposals Map which will show any guidelines or policy applicable. The inset maps may also provide additional information; and ( c) regarding a particular thematic topic such as housing, environment etc. consult the sections devoted to them. There is a Table of Contents at the front of the Document that will help in this regard. (2) For Policy Identification Sector Policies are identified by a letter in the Theme (thus T for Transportation) followed by the number of the Policy(thus 1). Asectorpolicyfortransportation would read: Policy T 1 Policies for local planning areas are identified by using a letter(s) of the area to which the Policy relates (thus FA for Falmouth) followed by the first letter(s) of the Theme (thus T for Transportation) followed by the number of the Policy (I). A transportation policy for Falmouth would therefore be: Po/icy FT 1 It should be noted that some of the policies are cross listed, that is, they may appear under other headings. ACKNOWLEDGEMENTS The Information and Data used in the preparation of this document were derived from a number of sources which are recognized in the Acknowledgements andAppendix. OBJECTIVES The objectives provide the framework for developing the detailed policies which will help to achieve the Vision and Strategies of the Order. They seek to reconcile JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B67 FIFTH SCHEDULE, contd. the diverse aspirations of residents and identify solutions which are of wide interest. The development and growth of the parish therefore depends on the successful implementation of the objectives. The following is a list of the objectives that have emanated from the Vision and Strategies and which the local planning authority will strive to accomplish. Obj. T1 Obj.T2 Obj.T3 Obj.T4 Obj.T5 Obj.T6 Obj. T7 Obj.T8 Obj.Hl Obj.H2 Obj.H3 Obj.H4 TRANSPOIITATION To make the best use of the transport infrastructure for all modes of travel, especially public transportation. To promote and improve public transport facilities so that they provide safe and attractive travel especially for residents in rural areas. To ensure that the most efficient use is made of the existing road network in the transportation of people, goods and services across the parish. To seek the provision of an adequate parking area to cater for buses, taxis and other forms of public transport especially in Growth Centres. To ensure that new developments are well located and designed to contribute to sustainable patterns of road layout and traffic movement and the promotion of transport choices. To encourage the shared use of parking facilities particularly in Town Centres and as part of major development proposals. To encourage the development of parking facilities for commercial and office use within Growth Centres. To improve the environmental amenity of all existing and proposed car parking areas used by the public through the provision oflandscaping. HOUSING To ensure the adequate provision of housing and public services to cater for the existing and projected future demands of the parish's population. To ensure that Growth Centres have sufficient land identified within their boundaries to meet local needs for a wide range of housing units. To encourage medium and high density development in appropriate areas through land use zoning and other planning provisions. To make sufficient lands available so that the planning process can support the need for an increased demand in the supply of affordable housing units throughout the parish. 350B68 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FwrH SCHEDULE ' contd. CONSERVATION OFTHENATURALAND BUILT ENVIRONMENT Conservation of the Natural Environment Obj. Cl Obj.C2 Obj.C3 Obj.C4 Obj.C5 To protect, conserve and enhance the natural beauty of the coast, including its terrestrial, tittoral and marine flora and fauna. To protect and preserve the unique geological features and biological communities existing in the parish especially in the Cockpit Countzy. To protect the parish's natural landscape and preserve its cultural and scenic values and ensure their use for tecreation, education, and research purposes. To ensure that fonnal landscaping is compatible with surrounding native plant communities as much as possible and are drought tolerant non invasive species. To encourage tree planting and amenity features in public areas and in residential development. Conservation of the Built Environment Obj. C6 To reserve land for the development of sport and recreation and encourage provision for a wide range offonnal and informal activities for the enjoyment of the population of the parish. Obj. C7 To secure the protection and maintenance of abandoned structures and buildings of importance especially in rural areas through re-use where possible. Obj. CB To preserve and enhance the physical environment of the Town of Falmouth in particular and other such areas in the parish generally by preserving buildings and structures of architectural and historical interest. Obj. C9 To resist development which would be located in hazardous areas or near to areas where a hazardous process is, being carried on. Obj. Cl O To secure the maintenance and protection of areas of particular beauty, or having historical, archaeological or architectural significance. Conservation of Archaeological Sites, and Historical Buildings and Monuments Obj. C 11 To develop policies which will ensure that structures, sites, monuments and areas of Historical and archaeological signiface are identified and preserved by the JNHT. JUNE 21, 2013] PROCLAMATIONS, Rl.JLES AND REGULATIONS 350B69 FJFfH SCHEDULE, contd. MINERALS Obj. Ml To ensure that mineral extraction minimizes adverse effects on communities, the landscape, wildlife and habitats. Obj. M2 To ensure that mineral extraction and waste disposal operations maintain high standards of site operation and restoration and provide for beneficial post mining activities when mineral working has ceased Obj. M3 To safeguard mineral resources by identifying areas for mineral workings, or extraction. Obj. M4 To protect areas of importance such as critical landscape or nature quality from inappropriate mineral development. Obj.El Obj.E2 ENERGY GENERATION AND CONSERVATION To ensure that new developments mitigate their impact on the environment through the layout and design of energy efficient buildings. To encourage proposals to create and use renewable energy while minimizing the adverse impacts. RURAL ECONOMY Obj. REI To take account of the needs of agriculture in the economic and social development of the rural communities. Obj. RE2 To safeguard and improve good agricultural land and the utilization of under used land unless there are compelling reasons to the contrary. Obj. RE3 To direct essential non agricultural development in agricultural areas to poorer land wherever it is possible to do so. Obj. RE4 To promote an enabling and facilitating environment for the spread of diverse non-farm income generating activities, which will reduce the need for residents to leave their communities in search of work. Obj. RES • To prevent the fragmentation of good agricultural land into smaller non viable lots except in extenuating circumstances. URBAN ECONOMY Obj. UEl To make provision for the vitality and viability of Growth Centres and to enhance the accessibility and convenience of these centres. Obj. UE2 To maintain and enhance the competitiveness of business including encouraging manufacturing, services, tourism, culture and the arts in Growth Centres. . 350870 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 Fwm SCHEDULE, contd. Obj. UE3 To promote urban regeneration particularly in areas requiring physical improvement or the enhancement of employment opportunities. Obj. UE4 To identify opportunities that will encourage business activities which generate local employment and encourage growth. Obj. UES To encourage a range of activities, facilities and services that are accessible to residents of the community and that will attract them to these urban centres. TOURISM Obj. TOI To develop tourism potential where they exist in both urban and rural areas of the parish. Obj. TO2 To encourage tourism through the establishment and improvement of attractions and amenities whilst safeguarding the environment and interests oflocal communities. Obj. TO3 To encourage and facilitate the extension and development of new tourist accommodation and other facilities especially along the coast. Obj.WTI Obj. WT2 Obj.WT3 Obj.WT4 WASTE TREATMENT AND DISPOSAL To ensure that the provision of facilities to collect, treat, and dispose of waste are located so as to minimize adverse effects. To ensure that there are proposals designed to minimize the creation of waste and encourage recycling and re-use of material. To establish criteria for the assessment of the location and operation of waste disposal sites and facilities and the land use implications of individual proposals. To ensure that the disposal of sewage and other waste material are done in such a way that there is no hannful effect on the environment. TELECOMMUNICATIONS/COMMUNICATIONS Obj. TEIEI To ensure that antennae and other telecommunications transmitting and receiving devices are screened and/or constructed so as to minimize visual impact on the environment. SECTORAL POLICIES The development of the parish will be guided by the policies outlined under the various thematic headings in this section of the document. These policies are intended to protect all aspects of the physical and environmental features ( of the parish) while at the same time improve the character and quality oflife for its residents. They are not JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350871 FIFTH SCHEDULE, contd. intended to restrict development in any way but along with the "General Policies" will endeavour to promote resource sustainability. Specific policies have been developed for the growth centres to deal with the situation existing in these areas and are to be used in conjunction with the other policies in this Order. TRANSPORTATION AND TRAFFIC Roads Jamaica's internal transportation system is made up mainly of roads due to the topography, type of activities and dispersion of population. The increased private ownership of motor cars and an infrastructure characterized by low operating speeds resulting in long travel times even for short distances have caused the government to improve the physical structure of the North Coast Highway. This roadway stretching from Negri! in the west to Port Antonio in the east is an important traffic artery which traverses the Parish of Trelawny. It is a high speed, high volume highway accommodating all classes of motor vehicles. It is therefore imperative that the traffic be allowed to flow smoothly with as few interruptions as possible which would defeat the objective for its existence. One way of achieving this is by either limiting and controlling the number of entry points onto the highway or discouraging it. Policy SPTI Policy SPT2 The planning authority will only grant planning pennission for developments along the highway if they are located along a service road or if they are in locations which will not impact adversely on traffic flow. Planning pennission will only be granted for individual isolated development with entry on the highway if they are in an area where adequate visibility is provided, it is safe to all road users and if it is a low generator of traffic. It is anticipated that there will be a considerable amount of development in the coastal area with significant traffic generation onto the highway. To control the influx of traffic in areas where these developments are taking place, the local planning authority is encouraging the developers to have consultation with the National Works Agency (or the relevant agency) and present a statement as to what considerations have been given for minimizing road traffic impacts, and the relationship of the development with vehicular and pedestrian access onto the road network. This principle also applies where a main or secondary road is involved. Policy SPT3 The formation of vehicular access directly onto a highway, main or secondary road will only be pennitted where local physical features and road characteristics including the proximity of road junctions and general road layout are taken into consideration. 350B72 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. Policy SP T4 In dealing with applications which involve access to a main or secondary road, the planning authority will expect an assessment from the National Works Agency (or relevant agency) which will have regard· to the volume of traffic on the road network including that which will be generated by the development. Policy SP T5 The formation of access onto the highway, main or secondary roads will only be approved where vehicles are able to tum safely and conveniently within the confines of the site facility taking ingress and egress in forward gear. This development order has included a hierarchy of roads which is intended to help guide the layout of subdivisions and other road systems 'and assist in the easy movement of traffic throughout the parish. It is developed on the functions that individual roads provide to road users and adjacent land uses and will be used to ensure that safety standards in the class and type of roads to be used in developments are maintained. Proper road standards will contribute towards a better environment which will benefit residents, shoppers, businesses and visitors. Traffic and development will be channelled onto the appropriate level of the hierarchy as required, preventing traffic flow problems. Policy SPT6 Policy SPT7 Policy SPT8 In order to facilitate the efficient use of the road network and create or maintain acceptable environmental and safety conditions, the local planning authority will expect that road design and layout will adhere to the hierarchy shown in Appendix 8. The local planning authority will seek to implement traffic management measures to ensure that the road hierarchy (is implemented as effectively and safely as possible and) assists in the improvement of traffic circulation. The local planning authority will seek to ensure that the road hierarchy is used to secure lands for road widening purpose in defined locations. It is absolutely necessary that main and other road reservations be preserved in every case. In areas where existing res.ervations do not conform to the requirements and it is possible to do so, buildings will be required to be set back from the existing road reservation and no building allowed which could obstruct or cause greater expense to Government. Policy SPT9 Generally the local planning authority will ensure that the set back of buildings from main road improvement lines for all categories ofland use is a minimum of 6m except where the terrain does not allow. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B73 • FIFTH SCHEDULE, contd. Policy SP TIO The set back of all developments from the centre line of secondary, main and parochial roads which require a reservation of 50ft and 40ft shall be a minimum of 14m and 12m respectively. Policy SP Tll The local planning authority will not grant permission for any permanent structures such as walls, fences etc. within the road reservation limits. Policy SP Tl2 Where developments are to take place on a service road, the lpcal planning authority will ensure that they are located a minimum of 4.5m fropi the roaci'boundaries except in unusual circumstances. The growth centres are compact and activities taking place in them makes walking the most convenient way of getting around. The relatively short walking distances between business places is a special feature as it allows consumers to view what exists in the various shops. In this environment, motor vehicles are parked where spaces exist and the trip is completed by walking. It is therefore important that the needs of pedestrians versus that of other road users be given special attention at street level. Policy SP T 13 The local planning authority will seek to improve and enhance the safety and convenience of street level facilities for pedestrians and will ensure that adequate provision is made for pedestrians in this regard when new developments are undertaken. Some traffic instructions have been constructed so that it is not easy to see the movement of vehicles on adjoining roads. This is dangerous as an automobile could easily move out into the path ofanother causing serious accident. If the corners oflots at intersections are splayed or rounded this would improve the visibility thereby minimizing the possibility of accidents. Policy SP T14 The corners oflots are to be benched and splayed as shown in Appendix 17 or rounded to facilitate the unobstructed vision of motorists from one street on to the other thereby minimizing the risks of accidents. Policy SP T 15 Building lines or fence lines may be set back in a taper where the land adjoins a main road at an intersection, bend or corner. Road intersections are potential points for automobile collision therefore in designing subdivisions special attention should be given to the kinds of intersections being used. Jog intersections are the most dangerous as they have a considerable amount of collision points, while 'T' intersections have much less and are the safest. Designers should, where possible, use 'T' intersections while avoiding the use of others. 350B74 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. Policy SP T16 The local planning authority will encourage the use of 'T' intersections as much as possible in the design and layout of subdivisions. Utility lines are usually erected within road reservations as it is easy and convenient to do so. However, at times they can be disruptive to the movement of pedestrians especially the handicapped. The erection of these poles is development for which planning permission is required and which should be obtained from the planning authority. This will allow the planning authority to exercise control over their location. This also applies to street furniture which requires planning permission. Policy SP T17 The installation of utility poles will be supported in road reservations where there is a need to do so and where they are not an obstruction to pedestrian movement. Policy SP T18 The local planning authority will ensure consistency in the location of street furniture on roadways which can be hazardous to road users especially the visually impaired. Policy SP T 19 Power, telephone and cable lines should be installed underground in new areas of development where possible. In areas of great visual significance this may be required as a condition of approval for development. The servicing of premises is important to business activities but should not cause unnecessary disruption or obstruction on the streets, particularly on major traffic routes. Under normal circumstances goods are delivered to commercial buildings by large trucks which park on the roadway in front of the business place. In areas where the streets are narrow this creates an obstruction to the free flow of traffic. The delivery of goods at the rear of buildings in these locations should be encouraged. Where this is not practical or possible, then alternative arrangements should be made with the local planning authority. Policy SP T20 The site design and layout of commercial buildings should include rear access servicing facilities unless an alternative is otherwise agree~pon by the local planning authority and the developer. · In some instances motorists, especially drivers of heavy duty vehicles have the tendency to travel through residential areas to either avoid traffic congestion or their normal routes. The movement of these motor vehicles is a threat to road safety and contributes to noise and other environmental hazards in the area causing discomfort to the residents. This ac!ivity will be discouraged through the introduction of engineering and traffic management measures. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B7!1 FIFTH SCHEDULE, contd. Policy SP T21 Traffic management and engineering measures to improve local road safety and protect the environment especially in residential areas will be supported by the local planning authority. Although private motor car ownership is high in J amaica,there is still a considerable number of people who depend on public transport for local travel. This means of transport provide links between growth centres and other areas within and outside of the parish for both social and economic activities. Without this service, a significant number of people would therefore be disadvantaged. Policy SP T22 Where large developments are being undertaken the local planning authority will ensure that adequate provisions are made for public transportation in the form of laybys and tum arounds within the development. Policy SP T23 The local planning authority will seek to ensure that where improvements are made to the road network they will include assistance to public transportation and pedestrians where this is deficient. In most instances motorists are affected by the oncoming lights of other motor vehicles especially if they fail to dim their lights. This situation could be alleviated on the dual carriageway if they are constructed with this in mind. If possible the two carriageways should be arranged unparallel and be landscaped in such a way to create an anti-dazzle screen of trees and shrubs. This would shield vehicle headlights from other motorists. The same precautionary measures should be taken when service roads are constructed parallel to main roads or highways. Policy SP T24 Where a dual carriageway exists or a service road is constructed alongside a main road or highway, the two tracks should be unparallel and the median landscaped where possible to form an anti-dazzle screen. Policy SP T25 Special attention will be given to the relationship of service and other parallel roads to highways and main roads to ensure the avoidance of confusing dazzle to night drivers. Where main roads have to be improved especially in areas with natural features, these features as far as possible should be protected and enhanced for public use. Where land is left over from road works it should be landscaped and developed as passive recreation areas for motorists and other road users. Policy SP T26 Where natural features exist on improved main roads or extra land is available from road works they will be enhanced or landscaped for passive recreational purposes. 350B76 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. The southern section of Trelawny comprises part of the Cockpit Country and is fairly geological unstable. During periods of heavy rainfall, sections of roadways are subject to erosion and landslide. In undertaking road repairs or constructing new roadways in these areas, great care has to be taken to prevent any disastrous effects directly or indirectly on adjacent properties. Policy SP T27 The local planning authority in consultation with the National Works Agency will undertake an assessment of any area with unstable slopes before granting permission for any road works where this is required to do so. VEHICLE PARKING Parking is an essential element in the overall strategy for transport and its provision can have an impact on the use of the road network. Control of the size, location and type of car parking may be used to help achieve an overall approach to transportation. Off-street parking provision will be necessary to protect new developments from giving rise to indiscriminate on-street parking which would be detrimental to road safety, restrict the flow of traffic or cause environmental problems. The amount of parking which is to be provided for the various activities will depend on the standards set out in Appendix 9. Policy SP T28 The provision of off-street parking facilities will be required in all new developments and/or changes of use of buildings and land in accordance with the standards set out in Appendix 9 for approval to be given by the local planning authority. Policy SP T29 Where a development is to be occupied by several users, each having its own space permanently, the number of parking spaces required will be calculated separately for each planning unit. Where parking is provided in car parks in Town Centres it is largely within private car parks with most of the parking otherwise being on the streets. The period of stay varies from short term to long term depending on the types of business activity the driver has to carry out. Such parking will however be limited to the short term to allow use of street parking facilities by a greater number of drivers. Policy SP T30 In town centres on street car parking will be managed to discourage long stay use and to encourage short stay use of parking provision close to shops .. Policy SP T31 The local planning authority will seek the introduction of controlled parking zones where parking problems are particularly serious and adversely affect the operations of shops and other businesses. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B77 FIFTH SCHEDULE, contd. The local planning authority recognizes the importance of taxis in conveying people especially the disabled who are denied or are unable to use other forms of public transport. When considering major development proposals the needs of taxis will have to be taken into consideration. A limited number of parking spaces and facilities should be reserved for their use. Policy SP T32 The local planning authority will ensure that a limited number of parking spaces are reserved in large scale development parking areas for the exclusive use of taxis. In order to ensure that motor cars can fit into parking spaces and maneuver with ease it is essential that adequate space is provided for each bay. The space should be rectangular in shape and conform with the specifications in the Appendix. Policy SP T33 A standard allowance of approximately 30m2 of space in inclusive of maneuvering space is to be provided for each parking bay as set in Appendix 11. Commercial buildings are expected to provide within their own curtilage adequate car parking spaces for their staff and customers. Provisions for loading and unloading should also be provided at the side or rear of the premises so that no parked or temporarily halted vehicles will be on the road reserve to impede or endanger traffic. Where it is not feasible to provide rear access in the form of a service road, consideration will be given to allowing access via a car park, if one exists. Provision will be made in consultation with adjacent occupiers. Where these requirements cannot be met because of the location of the business place, arrangements should be made with the local planning authority for the implementation of traffic management to deal with the situation. Policy SP T34 Commercial development should provide on site parking spaces for staff and customers at the rate set out in Appendix 9. Policy SP T35 All commercial buildings are required to provide loading and unloading bays in accordance with the standards provided in Appendix 9 where they are unable to satisfy this requirement on the side or rear of their premises. Policy SP T36 Unless otherwise agreed upon by the local planning authority the design and site layout of new commercial premises should include. rear access and servicing facilities. Where appropriate, opportunities will be taken to provide such facilities for existing commercial development. Special parking for people with disabilities will allow them to use their automobile to do business in town centres. The provision should be based on the guidelines provided in the parking standards in Appendix 9 and adopted symbol in Figure 2 should be displayed to prevent others from occupying the space. 350878 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. Policy SP T3 7 New developments will be required to provide adequate parking facilities for people with disabilities in such a position that it enables safe and convenient access to the development. For some high density housing developments because of the size of the lots parking is provided in car parks in convenient locations. While this may be satisfactory in such a situation as car ownership may be low, it is undesirable in low density developments. Due to the car ownership pattern, residents may have to park cars on the street occupying spaces which should be reserved for visitors. Policy SP T38 The provision of car parking spaces in residential development is to be in accordance with the standards set out in Appendix 9. In some cases, the need for off-street servicing facilities will be assessed in relation to the size of the development proposals. However, it will have to be provided in large scale developments where on street servicing would be unacceptable due to adverse effects on the road network. Policy SP T39 The local planning authority will ensure that vehicular servicing and servicing access to buildings ( 1) is avoided on or onto main or other high profile roads, except where a practical alternative cannot be provided and (2) enables a vehicle to enter and leave the premises in a forward direction. It may be possible to permit development in urban areas without sufficient on site parking where part of the requirements could be met in a nearby car park during times when it is significantly under used. Night clubs and churches are two such activities which require parking in the evenings or on Sundays respectively. Some on site parking would still be required by these developments to meet operational needs and an element of customer demand. The local planning authority should be given legal assurance regarding its availability. Policy SP T40 The planning authority will give due consideration to the dual use of parking areas for development where the use alternate in terms of time scale and such use can be made legally binding. Office car parks and those belonging to religious organizations are largely unused outside of their normal operating hours. They are therefore a potential source of parking for shoppers, particularly on Saturdays. Agreements should be entered into between potential users and the enterprise to make these spaces available outside their operating hours. Parking related to development in commercial areas should be laid out and managed so that it is convenient to public use, either inside or outside office hours. Policy SP T41 In its decision on town centre proposals the local planning authority will seek to ensure that the accompanying parking is suitable for use by the public. JUN.I;! 21, 2013] PROCLAMATIONS, RUIBS AND REGULATIONS 350B79 FIFTH SCHEDULE, contd. In general parking permission for new developments or replacement of parking spaces lost in the process should be made on site. However, there are situations where this may be neither feasible nor desirable, such as extensions or conversions of upper floors. In such circumstances the planning authority may be prepared to consider parking in suitable site elsewhere in close proximity. Policy SP T42 Where it is neither desirable nor feasible to provide parking to meet the local planning authority's normal requirements on site, the planning authority will consider whether it would be acceptable to have the shortfall made good on an alternative site. Due to oversight the parking schedule may not speak to all classes ofuse or categories. In such situations the local planning authority should determine the parking requirements based on the standards nearest to the activity being undertaken. Policy SP T43 Where the use or class of building is not specifically mentioned in the parking schedule the planning authority shall determine the provision based upon the standards in the nearest category. Where a developer owns land in an area other than that being developed, permission could be given for parking to be provided on the alternate site if it is in close proximity. However any development proposals contemplated for the alternate site would have to take the parking provisions into consideration if it is being developed. Policy SP T44 Where the planning authority supports parking on an alternate site the developer/owner will have to enter into an agreement with the planning authority making the site available for the purpose in perpetuity. Educational institutions such as basic schools, primary schools etc. should not only conform to the planning regulations in Appendix 9 but should reserve an area on their site for the dropping off and picking up of children. The area should be such that there is no conflict between children and motor vehicles. Policy SP T45 An area should be reserved on the compound of educational institutions (separate from the parking area) for the picking up and dropping off children from motor vehicles. Trees and other vegetation improve the quality of the environment and make drab areas look lively and attractive. To reduce the expanse of asphalt in car parking areas they should be landscaped in accordance with Figure 5. Policy SP T46 All car parks will have to be landscaped in accordance with criteria set out in Figure 5. 350880 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. PUBLIC TRANSPORTATION CENTRE Transport availability can promote the type of interaction that takes place between settlements, and settlements and growth centres. The road network therefore plays an important role in providing assistance in the movetnent of public transport which in turn assists the users. Its quality determines the ease with which bus operators can serve an area and the level of integration that can be achieved between the different m9(ies of transport, particularly between private car use, taxis and buses. Policy SP T47 The local planning authority will ensure that road improvements and traffic management schemes have regard to the provision for public transport. Through planning control the local planning authority will ensure that the needs of public transport are met especially in new developments. This will apply where it is clear the developments could give rise to new demands which are not adequately catered for by existing services e.g. bus stops. Policy SP T 48 Planning permission for new developments by the local planning authority will where appropriate be subject to conditions requiring that the needs of public transport be met. There is no guarantee that a submission for planning permission for areas identified for development or redevelopment will be acceptable to the local planning authority on transportation grounds. At the time a submission is made a detailed assessment of the transport implication will be made and a decision taken. This will involve available capacity on the relevant road, public transport networks and the capacity for expansion should the need arise. Policy SP T49 The local planning authority will ensure that the type and amount of development permitted is consistent with transport policies, and that full consideration is given to the need of pedestrians. Policy SP T50 All development proposals will be assessed for their transport impact on the environment and the transport network. This includes contribution to traffic generation and their impact on congestion particularly on the primary road network. Developments will be directed into areas which will be served by public transport or which will only require additional infrastructure such as bus stops, access roads etc. which cannot be adequately catered for by existing transport network. Developers may be required to cany out such improvements at their own expense if there is an urgent need for the proposal to be approved. Policy SP T51 When considering proposals for new development the local planning authority will take into consideration the level of public JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B81 FIFTH SCHEDULE, contd. transport accessibility available and developments that are major generator of travel will only be permitted at/or near public transport hubs. Public transport facilities should be provided in new developments, growth centres and housing estates. They should include passenger facilities and information about the services being provided. Policy SP T52 The local planning authority will seek to ensure that transportation centres are erected in all growth centres or developments in which adequate space is available for the siting of the facility. A high level of accessibility by public transport is essential if the travel needs of the community are to be satisfied. More use of public transport will have to be made to overcome congestion in the regional and sub regional centres and reduce environmental consequences. These centres should be constructed so that they encourage public use. Policy SP T53 All public transportation facilities should be properly surfaced with adequate drains and designed for the . convenience and safety of the users. Policy SP T54 Priority will be given to coordinating land use changes with transport provision so as to minimize the need to travel by means of private automobiles. Policy SP T55 All transportation centres used by the public should be provided with the necessary public conveniences and amenities. The design and location of public transportation centres should ensure that adequate provision is made for people with disabilities. Badly laid out pavements are hazardous and dangerous to disabled people. Detailed attention should therefore be paid to the provision of adequate access into any new and refurbished facility. Policy SP T56 The developer of any new or refurbished public transport facilities will be required to provide suitable access and facilities for disabled people. It is usmil for a chaotic situation to exist in unregulated parking lots. Motor vehicles are always parked in a haphazard fashion making it difficult for the easy movement in and out of the area. To prevent this, the centres should have the parking bays and direction of traffic flow clearly marked for guidance of users. Policy SP T57 All parking bays and the direction of traffic flow in a transportation centre or public car park is to be clearly marked so that it is easily identifiable by the users. 350B82 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. The safety of users is of paramount importance especially at nights. Adequate security lighting should be provided in all centres or areas used by the public for this purpose. Policy SP T58 The local planning authority will ensure that all transportation centres are properly lighted and secured before allowing public use. HOUSING According to the statistics published by Statistical Institute of Jamaica, it is estimated that approximately three hundred and eighty six (386) new homes will be needed to rectify the current overcrowding situation in Trelawny. The demand for additional units will significantly increase when new people are encouraged to move into the parish due to the erection of new hotels and other development along the coast. Therefore, if the necessary precautionary measures are not taken, an influx of people could cause unacceptable environmental consequences. The. local planning authority will therefore ensure that the housing needs are met through the development of a range of sites and housing types appropriately located. It will also ensure that facilities associated with residential areas are provided in accordance with their needs. In this regard the layout and design of housing developments should conform with the guidelines in the Appendices. PolicySPHl PolicySPH2 The local planning authority will seek to ensure provisions for a range of housing types and tenures to meet the needs of all sectors of the parish through adequate land use zoning proposals. In the design and layout of housing developments the guidelines indicated in Appendix 10 are to be used. The local planning authority is keen to have the Growth Centres retain local facilities such as shops, health centres, schools, open spaces and other amenity areas without compromising the residential environment. In most of them mixed uses involving all the above occur along the main road frontages without any adverse effects. This principle is possible in other areas of the Growth Center hence where new developments are envisaged the planning authority will examine the possibility of continuing this trend. PolicySPH3 Mixed use sustainable neighbourhoods will be promoted in order to reduce the need to travel and to meet a wide variety of residents' needs locally. Although the local planning authority intends to provide housing areas with a range of housing types the maintenance of existing units and existing areas will be a priority. Measures to support existing stock and to reduce disrepair and vacancy will be implemented where necessary, and facilities associated with these areas will be maintained. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350883 Policy SPH4 FIFTH SCHEDULE, contd. The character and amenity of all residential areas will be protected and where possible the local planning authority will enhance the services and facilities available locally. Housing development on vacant or derelict sites in town centres will have to conform to the character of existing buildings and amenities in the area. These sites may also be allowed to develop at higher densities to meet different household requirements. This would help to reduce the need for Greenfield sites. However, Figure 1 should be used as a guide in this regard. Policy SPH5 Planning permission will normally be given for a range of densities for redevelopment of vacant or derelict sites in town centres where the proposal reflect the existing character of the area, safeguard amenities and are in conformity with setbacks and other planning requirements. As the need for accommodation, especially for single persons or young couples arise due to the large investment in hotels in the parish the local planning authority will seek to retain dwellings which can be used for single family accommodation. However, where large houses exist, these may have to be subdivided into smaller units to meet housing demand. Policy SPH6 Proposals for the conversion of properties into houses in multiple occupations such as flats, boarding/guest houses, etc. will be determined taking into account the type and size of the property, the potential effects on amenities in the area, the nature and character of adjoining uses and the provision of parking. Trelawny's location makes it ideal for developers of retirement villages to establish these facilities here. Such a venture could be supported by American retirees who find that it is too expensive to live in their own country. Such developments should have a high standard of amenity and include facilities such as communal lounge, guest room, warden accommodation etc. They should not be occupied by other age groups as this would cause problems such as a lack of adequate parking facilities. Poficy SP H7 Where permission is granted for specialized accommodation for the elderly such as retirement villages, the local planning authority will insist that parking be provided as indicated in Appendix 9 and that there is an agreement restricting the site/occupancy to elderly people only. Existing residential accommodation should be retained except in circumstances where conditions make it inappropriate to do so. Comprehensive development involving the loss of housing units will only be supported where there is no net loss in residential accommodation. 350884 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 Policy SPH8 FIFTH SCHEDULE, contd. The local planning authority will resist development resulting in the loss of residential accommodation and land unless the continuation of residential use is undesirable and the change of use is the only way of ensuring that a building of architectural or historic importance can be retained or renovated. Proposals for high density development are expected to have adequate parking on site and amenity space. The requirements for both are indicated in Appendix 9 and Figure 5 respectively, However, where the local planning authority sees a justifiable need for such development in a town centre it may choose to reduce the requirements, but not eliminate it. Policy SPH9 High density development proposals which do not have adequate car parking and amenity spaces will not be supported except in town centres where residential use is being encouraged. In such circumstance the requirements may be decreased but not eliminated. Home owners often times undertake extensions without due regard to the effects on neighbouring properties. Where these are large they can radically change the appearance of a development and destroy the amenities of the area. In some circumstances this result in a loss of parking spaces causing motor cars to parlc on the streets. Parking spaces should not have to be provided at the expense of landscape. Policy SP HIO In assessing applications for house extensions the planning authority will pay consideration to the closeness of the building to adjoining developments, especially as it affects primary windows overlooking neighbouring properties. Policy SP H1 1 The local planning authority will ensure that extensions are in keeping with the design, scale and. character of the existing buildings in the locality and that there is adequate on site parking. It is intended that the provision of certain facilities and services for new housing development in new areas be provided by the developer. Where a development already exists then there could be access to such facilities if they are available. The additional demand should not significantly reduce the provision standards for e.g. playing fields, schools etc. Where such problems could arise the developer would have to negotiate with the government to have the situation addressed before approval is granted by the local planning authority. Policy SP Hl2 Planning permission will be granted for new housing developments if satisfactory provision has been made for access to appropriate facilities and services to meet the needs of the likely residential population. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B85 FIFTH SCHEDULE, contd. Policy SP H13 Where satisfactory provision for access to existing facilities and services cannot be obtained or the additional use would create problems for the existing community the local planning authority will require that the new proposal make additional provision unilaterally or in association with government. The desire to maximize the use of housing land has sometimes been at the expense of the provision of open space. The provision of such space is however important to maintain the quality of the living environment and to provide activity areas for residents. Town houses should have an individual private outdoor area and apartments adequate amenity area with recreation facilities for its residents. The guidelines are provided in the Appendices. • Policy SP H 14 Planning permission will be granted for new housing development or the subdivision ofland only if they are provided with adequate and suitable outdoor open spaces. Policy SP HIS In deciding on the location of open space, the local planning authority will consider its relationships to the dwellings within the development, adjoining property and facilities such as parking areas and garbage disposal units. The only non-residential uses in most of the growth centres, that area in close proximity to residential uses, are those which provide services and facilities to the local community. There may be instances when there are environmental problems due in part to some services being provided from the rear of these buildings and garages for non-residential purposes. Only those uses which provide an essential service or facility and little or no impact on the quality of the living environment will be entertained as mix uses and be allowed in close proximity to housing. Policy SPH16 Planning permission will be granted for non-residential development in housing areas, if it provides an essential service or facility mainly to the surrounding community and has no adverse impact on the amenity of neighbouring property. To minimize the loss of residential accommodations and to avoid the gradual change of use of an area, businesses in domestic property will be limited to a minor area and not allowed to become a dominant use. The approval of such use will be subject to stringent conditions to ensure that the character of the area is not affected in anyway. Policy SP H 17 Proposals for the partial change of use of a residential building • to any other use will only be allowed if the character of the area is not altered and the privacy, amenity and enjoyment of neighbouring dwellings is not adversely affected. 350886 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 FIFTH SCHEDULE, contd. Policy SP H18 Where there is a partial change of use ofa building in a residential area the local planning authority will institute strict operating hours especially if there are visitors to the premises, will ensure that there is no external alteration to the building and that those engaged in the non-residential use are resident in the property. There are areas in Growth Centres in the parish which are ofhistorical, architectural and environmental value. Some of these are located within housing areas and will be protected. The local planning authority will ensure that any proposals for change in these areas do not adversely affect any such buildings. Policy SP HI 9 There is a general presumption against infills and other developments which could result in changes to the character and appearance or loss of essential features of these buildings. The growth ofurban areas is to a large extent determined by the amount of housing development taking place within their boundaries. A wide range of potential housing sites will therefore be made available in Growth centres to allow housing development in conformity with the settlement strategy. Policy SP H20 New housing development should be confined to the Growth Centres identified in Appendix 2 and no permission will be given for large scale linear housing development outside of these areas. In order to cater for the full range of housing needs there is the necessity for a mix and balance of housing types and sizes. This is due mainly to the fact that developers tend to concentrate on the high end of the market which caters to one group of people and leave others out. Policy SP H2 l Housing developments should incorporate a mix of housing types and sizes appropriate to the needs of the locality, particularly where the development is on a large scale. Policy SP H22 Where large scale housing developments is being undertaken the local planning authority will ensure that they include starter homes and other kiw cost schemes which are suitable for people who are not able to compete in the open housing market, Workers on the Long Pond Sugar Estate as part of their union agreement will be provided with housing units. These ·will be located in rural areas where the company owns land and not necessarily in Growth Centres. There are also people with strong local connections who have social reasons to live within their areas. The local planning authority will in such circumstances assess the situation and make a determination as to the validity of the proposal. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B87 FIFTH SCHEDULE, contd. Policy SP H23 In exceptional circumstances planning permission may be granted for proposals needed to satisfy a local requirement where housing development would not otherwise have been permitted. Any uncontrolled development on a hillside is a potential hazard as it increases the area of susceptibility of slope failure, erosion and drainage problems. In an effort to protect the stability of these environmentally sensitive areas, control has to be exercised over development proposals to prevent the destruction of trees and the construction of hard surfaces that contribute to run off. Care will be taken to ensure that housing development is not allowed in these locations. Policy SP H24 No housing development will be allowed on land that is steep and unstable, vulnerable to erosion, slippage, subsidence, flooding and other natural hazards or which will involve costly extraordinary precautions to safeguard. As the demand for houses especially in the high end of the market increases due to the attractiveness of areas especially along the coast there will be a need for higher densities in these areas. This will normally be in the form of Town Houses and Apartments. In an effort therefore to ensure a suitable balance between the best use of land and a satisfactory environment it is imperative that the height density and bulk of buildings be controlled. New buildings should conform as much as possible with those existing and the densities should protect the amenities of the surrounding areas especially in areas which have not been identified on the Land Use Proposal Map for the purpose. Policy SP H25 Policy SP H26 The density of new buildings will be controlled in conjunction with other appropriate environmental controls, acceptable densities being determined by the character and actual density of adjoining sites and should be in accordance with criteria set out in Figure 1. Town House developments at densities higher than those existing in single family detached housing neighbourhoods will be allowed as infill on vacant lots or in planned housing developments provided sewage can be disposed of to the satisfaction of the relevant authorities. Although a lot of residents in Trelawny seem to buy into housing schemes, house lots and build on own land especially in rural areas play an important role in solving the housing needs of the parish. Such lots are available in private housing subdivisions, in a National Housing Trust Scheme or build on land owned by the residents. Policy SP H27 The local planning authority will ensure that adequate lands will be made available in housing areas to meet the needs of individuals who are desirous of constructing their own homes. 350888 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. CONSERVATION OFTHE NATURALAND BUILT ENVIRONMENT The Natural Environment Wikipedia the free encyclopedia describes the natural environment as consisting of all living and non-living things that occur naturally on earth. Since there is a relationship between man and his environment he has the responsibility among other things to protect unique or pristine ecosystems and to preserve threatened or endangered species of plants and animals from extinction. The natural environment in Trelawny can be divided into landward and marine areas. The landward areas range from forest reserves and wildlife protection areas to rivers and streams while the marine area targets coastal areas and water borne effluents. These are all important aspects of the environment that have to be given attention so that they can be enjoyed not only by the people of Trelawny but by visitors as well. Policy SP Cl Policy SPC2 The local planning authority will seek to protect the natural environment and will impose conditions requiring the protection of existing habitats and established plant communities during the development process and their preservation and enhancement where necessary after. The local planning authority will normally refuse planning permission for any development that will have a detrimental effect on the nature conservation value of sites that have been slated for development. The Cockpit Country so named, because it has the shape of a cock fighting pit, in the southern section of the parish is uninhabitable in parts. Its terrain and characteristics therefore makes it a natural reserve for flora and fauna. Most of Jamaica's twenty­ sev~m (27) endemic bird species can be found here, along with yellow snakes and the . giant swallowtail butterfly, the largest butterfly in the western hemisphere. The planning authority will ensure that this environment is protected in keeping with the objectives of this order. Policy SPC3 Policy SP C4 Long term protection will be given to sites of special sensitive, high conservation value and nature conservation interest, designated nature reserves and woodlands of nature conservation value and priority will be given to their conservation needs over those of other activities. There will be a presumption against development likely to be damaging to the scientific or wildlife interest within or adjacent to the Cockpit Country. Significant plant colonies and habitats should be preserved in their original location. This is necessary as transplanting trees and flora to another part of the same site or to a nearby site can be unsuccessful. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350889 Policy SP C5 Policy SP C6 FIFTH SCHEDULE, contd. Valuable existing wildlife habitats will be protected and the local planning authority will if necessary refuse planning permission where a proposal is likely to result in the loss of habitats or wildlife population of major importance. There will be a strong presumption against development and changes of use or management which would be harmful to officially notified sites of scientific importance. Applications for substantial mineral workings and the exploration for and appraisal and production of minerals will be subject to the most rigorous examination because of their possible impact on the importance of these sites. Caves are large, natural underground hollows usually with horizontal opening. Limestone areas are typically rich in caves and Trelawny is well endowed. There are about forty-eight (48) caves in the parish most being habitats for fauna producing phosphate deposits which have been traditionally mined for fertilizer. Some of these caves are also known for their size and beauty and they all have to be protected from the adverse effects of development through planning policies and conditions imposed on approvals by the local planning authority. Policy SPC7 The local planning authority will ensure that the caves that are located in the parish are protected from human destruction and that the phosphate deposits are extracted on a sustainable basis through the imposition of planning conditions. The Cockpit Country characterized by its well developed conical or 'cockpit' karst topography supports a high degree of biodiversity. The hillsides and tops usually have little or no soil while the depres~ion or cockpits contains deposit of highly fertile soil which when undisturbed supports the growth of very large trees. These trees take many years to grow to their full size and are valuable assets that should be preserved wherever possible. Instead, they have been extensively cut especially to fill the need for yam sticks in the ya~ growing area of southern Trelawny. This has destroyed the natural vegetation of the area and other visual amenities of the land on which they stand, having significant impact on the character of the area requiring strict conservation measures. Policy SP C8 The local planning authority will have Tree Preservation Order placed on trees in the area and will encourage the Council to, through education and by using its legal powers, enforce compliance with the terms of the Order. A wide variety of aviafauna is found in Trelawny. These include insectivorous birds such as the Gray Kingbird, a summer migrant, nectavores such as the Red­ billed Streamertail, and Banana Quit. Breeding birds include Northern Mockingbird, 350890 PROCLAMATIONS, RULES AND. REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. Jamaican Mango and the summer migrant, Gray Kingbird. The breeding and nesting grounds of these birds will be protected and species of trees attracting wildlife will be planted in parks and open spaces. Policy SP C9 Policy SP CIO The local planning authority will encourage residents to plant trees of native and other common broad leafed species that are known to attract wildlife. In the design and development of open spaces, parks and other open areas under its jurisdiction the local planning authority will seek to protect and enhance areas that attract wildlife. At various points along the coast, the road reaches positions wh ere extensive views of headlands, mountains and sea can be established. It is intended to provide a viewing point with seats and a lay by for vehicles to enable motorists and others to enjoy the view without impeding traffic. Policy SP Cl 1 The local planning authority will ensure that the roadside parks indicated in Appendix 7 will be preserved for the use and enjoyment of the public. Due to Trelawny's topography most of the southern section of the parish is vulnerable to landslides. To a great extent cultivation of yams in this section of the parish contributes to the slippage. In terms of torrential rains the unstable slopes may give way causing damages to property and humans in its path. Policy SPC12 Proposals which would affect or might be affected by unstable or potentially unstable land will not be permitted unless it can be shown that the development can be implemented without any unacceptable risks to occupiers of the site or adjacent sites. The coastline ofTrelawny is approximately 38.4km long and has a number of bathing and fishing beaches acquired or otherwise reserved by the Beach Control Authority. Some of these have public facilities while others are still yet to be developed. Policy SP Cl3 The beaches listed in Appendix 6 will be preserved for the purposes identified and no permission will be given for any development or activity that will conflict with their use in anyway. The area of land existing between the low and high water marks is government property and should not be encroached on without permission thereby preventing public access to and along the foreshore. In addition, when development is taking place along the coast and where possible areas should be left for good bathing and JUNE 21, 2013) PROCLAMATIONS, RULES AND REGULATIONS 350e91 FIFfH SCHEDULE, contd. fishing beaches. The local planning authority will in considering coastal development give due consideration to the views of the Beach Control Authority or any other agency performing that function regarding such reservations. Policy SP C14 The local planning authority will ensure that public access along the beach is not restricted unless it can be demonstrated that it is damaging to nature conservation. Seaside Parks will be situated at interesting natural features and views in addition to providing access to the coast. There will be provision for car parking and possible refreshment facilities. It is intended that these areas will be large enough for relaxation under shade trees screened from the main road traffic. Adequate change rooms, showers and lavatories shall be provided. Two such parks have been identified at Falmouth (opposite the court house) and at Braco. Policy SP C15 Where seaside parks are located they will be preserved for the use and enjoyment of the public and no use or building will be allowed in the area except with the expressed permissiQn of the local planning authority. Areas of great scenic beauty in the parish are quite extensive. These comprise ribbons of land flanking roadways or rivers and streams and often an opportunity for leisurely driving or relaxation. They are located along all existing rivers and streams in the parish and a couple of routes into and through the Cockpit Country. They are shown on the land use proposals map and indicated in the Appendix. Policy SP C16 Policy SP C 17 All rivers and streams will be conserved and preserved for domestic, agricultural and recreational purposes and the local planning authority will not grant permission within their reaches for any activity that will defeat this purpose. The local planning authority will normally refuse planning permission for any development which will have a detrimental effect on scenic views, along roadways, rivers and streams. The parish is covered by three watershed units, within which are several rivers that are of importance not only to the parish itself but other parishes such as Manchester and St. James as well. These watersheds are areas of land which are drained by rivers and their tributaries and contribute to the conservation of water resources. They can be used for agricultural purposes as long as good cropping practices are employed and there is no deleterious effect on the environment. Policy SP C 18 Lands in watershed areas can be used for agricultural purposes where this is feasible and where they meet the guidelines set out by the appropriate agency and where they are properly managed to prevent any adverse effect on the environment. 350B92 PROCLAMATIONS, RULES AND REGULATIONS, [JUNE 21, 2013 FIFTH SCHEDULE, contd. Existing public open spaces will be preserved and improved and areas of high amenity value will be protected. Only uses consistent with the preservation of amenity and the recreational character of the areas in which they are located will be considered. Overtime the character of some of these areas may change incorporating other uses. Recreational buildings and pastry facilities may be accommodated but shops and residential buildings will not be permitted. Policy SP C 19 Where public open spaces exist, they will be preserved aad improved and areas of high amenity value will be protected. No commercial or residential building will be allowed in these areas. Trees are an important feature of all urban environments and .~re an important element in the character and quality of towns. They can greatly enhance new developments and emphasize vehicular and pedestrian routes. Trees can improve the appearance of an existing building site and help new buildings to fit in with their surroundings, adding colour to the urban landscape and reducing pollution in industrial and other areas with similar activities. In submitting development proposals a landscape plan is required to support the application showing the position of all trees on the site and any changes in elevation as this could also affect the rooting system of the trees. New planting may take a long time to achieve the visual effects of established trees therefore existing ones should be protected. Policy SP C20 Policy SP C21 Policy SP C22 All developers will be required to submit a detailed schedule of the species and condition of trees on a proposed development site, together with a site plan that accurately shows their position and which are proposed to be retained or removed as a result of the proposals. The local planning authority may refuse planning permission if a proposal is likely to result in the loss of a particular important tree or group of trees during the development process. Where it is not practical to retain trees their replacement may be required elsewhere on the site with similar trees. Trees that are below these sizes will not normally be accepted as replacements. Trees are vulnerable to damage during construction period and measures have to be instituted to protect them. It is normal in such situations to have them fenced around and site work in their vicinity be controlled. Policy SP C23 Developers will be required to take steps to protect existing trees that are to be retained on a construction site in accordance with instructions from the office of the local planning authority. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B93 Policy SP C24 FIFTH SCHEDULE, contd. Considerations will also be given by the local planning authority to the protection of trees on neighbouring premises where roots and branches might extend into the development site and may be affected by the new development. In order to create a more attractive environment especially along residential streets and within amenity open spaces on housing estates and other areas they should be planted with trees. Trees can improve the micro climate by reducing wind and glare and providing shade. Trees can also ameliorate the effect of heavy traffic on adjacent areas. Policy SP C25 Tree planting schemes will be encouraged in residential areas where appropriate, and the local planning authority will undertake such schemes on major thoroughfares, vacant and derelict sites and in publicly assessable areas. The parish contains a rich diversity of wildlife habitats from coastal mangroves to ponds, watercourses and streams. These areas will be retained for conservation purposes and proposals for development will only be supported in extreme circumstances. Policy SP C26 The local planning authority will seek to enhance the ecological areas of the parish including the preservation of ponds, wetlands and watercourses by refusing planning permission for developments that is likely to cause loss of habitats of importance to wildlife conservation unless the demonstrated need for a development overrides nature conservation interest and there is no alternative site. Open spaces provide for a wide range of outdoor recreational activities and is essential in the urban environment. A range of facility is required to satisfy the needs of all age groups. Where open space relates to children it is a facility that should be protected. They should not be converted to other uses and always be available to the public. Policy SP C27 Policy SP C28 Areas designated for children's play purposes will not be released for any other purpose unless the local planning authority it is satisfied that it is no longer required in that area in the short or long term. The local planning authority will not permit the loss of any recreational open space defined for that purpose unless replacement provision is made elsewhere to provide an equivalent community benefit. 350B94 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIITH SCHEDULE, contd. Where organized green spaces exist in the parish they have to be protected. Where it is necessary to remove any of these spaces it will only be supported in areas where there is an excess ofland. There is also to be no significant effects on adjoining areas. Policy SP C29 Planning permission will not normally be granted for any development which would result in the loss of any green spaces in the built up areas, unless there will be significant effect upon the environment and amenities of the area as well as those adjoining it. There are some types of recreational activities such as golf or trap shooting which requires extensive areas ofland for their establishment. These are best located in rural areas or on the edge of town where land is available. They should not conflict with existing land uses, and their design should fit into the environment in which they are located. Policy SP C30 Proposals for outdoor recreational uses that require extensive areas ofland in rural areas will nonnally be permitted if there is no conflict with the general character and appearance of the countryside, and the scale of the development fits in with those existing. Where open spaces can be developed there will be no distinction between whether it is done privately or publicly. Private open space however, is likely to attract a user fee, whereas that owned by government may not. Where possible government should provide the land but where this occurs such property should be prevented from being sold. Policy SP C31 Parish Council and other government owned lands which have been designated as open space shall not be disposed of except it is required for other public use, in which case an equivalent area shall be acquired in an alternate location suitable for the pwpose. The Built Environment The uses associated with particular buildings in conservation areas are important to the character of these areas. In some instances uses can contribute to the character of an area, while in others, they actually create the character. Extensions have to be done cautiously so that they do not affect the architecture of the existing building. Policy SP C32 Extensions to buildings ii1 conservation areas should preserve or enhance the character or appearance and should be confmed to the rear or least important fa~ade of the building. They should not affect the appearance or setting of neighbouring buildings. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 35089S Policy SP C33 Policy SP C34 FIFfH SCHEDULE, contd. Where buildings have lost important features such as shop fronts these should be restored to the original appearance or be replaced with designs that compliment the architecture of the saved building. All proposed work on a listed building that may be the subject of control under other legislation or by another authority shall be resolved before planning permission will be granted. Buildings in conservation areas are an important part of our heritage and must be protected. They make an important contribution in the area in which they are located and neglect and a lack of maintenance can cause them to become derelict. In such circumstances they may become a haunt for criminals and vagrants. Disrepair can also cause valuable resources to go to waste as they may fall into ruinate. For a building to remain in good condition it is important that it be used and the local planning authority will ensure that this happens. Policy SP C35 The local planning authority will endeavour to protect and enhance all listed buildings, their settings and any features of special architectural or historical interest they may possess. Alterations and extensions to building in conservation areas are expected to enhance and preserve the character of the area. Extensions should not interfere with the fai;:ade of the building and where possible should be at the rear where it is not obtrusive. Where alterations or extensions affect the character and appearance of adjoining buildings as well, the local planning authority will not support them. Policy SP C36 In dealing with change ofuse applications the local planning authority will not support proposals which do not preserve or enhance the character or appearance of the conservation area. Because the integration of new developments and alterations or extensions is to a large extent dependent on detailing, "outline planning permission" will not be granted for applications in conservation areas. These should be "detailed applications" so that a full assessment of the alterations can be made. The proposals will be expected to make a positive contribution to the character of the area in which they are located. Policy SP C3 7 Outline Planning Applications for permission to develop within conservation areas will not normally be acceptable by the local planning authorities. All applications should provide sufficient detail about the proposal so that a full assessment can be made in relation to the character and appearance of the relevant part of the conservation area in which they are to be located. 350B96 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 Policy SP C38 Policy SP C39 Policy SP C40 FIFTH SCHEDULE, contd. Buildings in conservation areas will be required to have close regard to traditional building styles, forms, materials and techniques characteristic of the area. New developments are expected to retain or reinstate the historic street pattern, traditional building lines, boundary walls, open spaces and kerb lines which contribute to their character. Where an extension is proposed, the details on the extension are to match closely the details on the main building where these are of a traditional nature. Where these have been lost the local planning authority will aim to restore them. Buildings which are of special architectural or historical interest need preservation and protection and fall under the purview of the National Heritage Trust. This is so as they are normally the oldest buildings in an area. They are always those under the great threat of demolition, as they are not used. Any change to allow its use should be exercised cautiously and substantial changes should be avoided so that the historic or architectural character or appearance of the building is not adversely affected. Policy SP C4 l Policy SP C42 Proposals for new developments, extensions or alterations to a heritage building or its setting will only be permitted if there is no adverse impact on the historical or architectural interest of the building. Changes of use, alterations or extensions which will improve or make more effective use of or assist in the preservation of heritage buildings or other buildings of interest and importance will normally be permitted if the character and appearance of the building is conserved and enhanced. Where a building is in progress it is important that the site be fenc~d for safety purposes. The general practice is for this to be done using zinc sheets. This can have detrimental effect on the street scene especially where the frontage of the site is extensive. Policy SP C43 Where sites have to be fenced due to construction activities or otherwise the local planning authority will promote an alternative use to that of zinc sheet for the purpose or encourage painting to reduce adverse visual impact. Shop fronts contribute significantly to the character of buildings and at times to the whole street. Where there are proposals to alter shop fronts of historic buildings JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350.897 FIFTH SCHEDULE, contd. these will be resisted. Where a modern shop front is located on a street with historical buildings and is to be replaced, all effort will be made to have the design conform to the wider street scene. Policy SP C44 Policy SP C45 The local planning authority will seek to maintain and enhance the character of shop fronts which are of architectural and historical interest and to enhance the character of other shop fronts. If an existing shop front has a distinctive character and contributes to the building or street scene there will be a presumption against replacing it, however if a new shop front is to be provided the local planning authority will not support the proposal unless it is in an architectural style appropriate for the building and locality. There will be a presumption against inappropriate development on open spaces along the coast within existing urban areas. Appropriate development would include small scale tourist or recreational development in association with open space uses. The enlargement and enhancement of existing amenity open space along the coastline within existing settlements will be encouraged. Areas of nature conservation interest will be identified and protected. Where proposals for development will affect conservation areas or areas with significant historical and archaeological potential they will not be supported. Policy SP C46 The local planning authority will seek to protect from development those parts of the coast, within urban areas, which are important in terms of their amenity, or nature conservation value. The coast provides enjoyment for a lot of people from its natural beauty, and its beaches. However, some of the developed coastline is still inaccessible to the general public. In considering development proposals in or adjacent to the coast attention will be paid to the retention of existing public access and extension to the coastline will be supported. Policy SP C4 7 Development schemes which provide or extend public access to the coastline will be encouraged and supported by the local planning authority. It is of major importance that the developed coast, especially those in the urban areas of the parish be protected. They provide accommodation for resort and port facilities and the opportunity will be taken to enhance the townscape, seascape and coastal character generally. If developments should occur that needs offshore dredging and there are unacceptable levels of uncertainty over the impacts of the proposals they may be resisted as a precautionary measure. 350898 PROCLAMATIONS, RULES AND REGULATIONS (JUNE 21, 2013 Policy SP C48 Fil"TH SCHEDULE, contd. Proposals that would adversely affect the coastal landscape, seascape or habitats including tidal areas will only be permitted if: (i) the landscape, seascape and amenity value of the coast are not significantly adversely affected, (ii) historical, cultural and archaeological interests are not significantly affected, (iii) proposals have taken full account of the potential for them to contribute to and enhance the coastal character of the townscape and the seascape. There are concerns that global warming will result in climate change that could result in both rising sea levels and a risk of flooding in land. The same could occur in the event that there is a Tsunami. Developments will not be permitted in areas which are at risk from flooding or tidal inundation or where the flow of flood water in a flood plain could be impeded. It is not recommended that resources be used to construct flood defenses to enable a development to take place but rather on the creation and restoration of flood plains. At all times it is expected that development proposals will reduce flood risk arising from river and/or coastal flooding. Policy SP C49 Policy SP C50 Proposals in areas at high risk from flooding will not be permitted unless there are exceptional circumstances that make the location essential. Where a development has to be located in an area liable to flooding (by sea or freshwater) it will not be permitted unless it can be demonstrated that any remedial measure proposed would not put other areas at risk or increased risk from flooding and that it would not have any unacceptable impacts upon interests of archaeological, cultural, or historic interest, habitats or species of nature conservation interest. Unpolluted water is important for the sustainability of the tourist industries. Coastal waters can become affected by developments inland as well as along the coast. Measures will be taken with the other agencies responsible for water quality to ensure that this is maintained at a high level. Policy SP C5 I Development proposals that would materially affect the quality of coastal or fresh water resources will not be supported. There is a tendency for individuals to erect sheds or other form of buildings on the beach or in areas used for recreation purposes along the coast. In order to protect the amenity of these areas, the planning authority will insist that permission be obtained for these developments irrespective of the rustic nature. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B99 Policy SP C52 FIFTH SCHEDULE, contd. An application must be made to die local planning authority for all development in coastal areas irrespective of the type, character and scale and permission obtained before any construction takes place. Although the coastal area ofTrelawny is very long there are areas where it cannot be viewed from the road. Where vision is possible it should be treated with the highest regard and should not be blocked in any way by the construction of high walls or fences. Policy SP C53 Planning permission will not be given for developments on the seaward side of the main road which will screen the view of the sea. Trelawny has some of the most important mangrove swamps in the island. They are necessary habitats for a wide variety of species, including the development stages of many coral reefs and commercial fish species. They are also important to protect vital areas of the shoreline from erosion. Policy SP C54 Swamps, mangroves and other wetland areas will be protected from developmen't and where overriding factors allow development the local planning authority will have consultation with the agency responsible for their protection before granting permission. Wave action or that by human beings may cause the accretion of land forming beaches and islets where they did not exist previously. Where these occur they should be preserved and used for public recreational purposes unless prior/other arrangements were made with the appropriate authorities. Policy SP C55 Land created by accretion in the territorial waters or along the coast shall be used for recreational purposes unless there is a prior agreement with the appropriate relevant agency/authority to use it otherwise. The provision of new recreational facilities should reflect the needs of the public and be located where they are accessible to those whom they are intended to serve taking the need for transportation into consideration. The. enhancement of existing facilities should be first taken into consideration provided they can meet the required needs, before establishing new facilities. The potential ofopen space in urban areas to contribute to their amenity will be fully recognized. Their establishment in the countryside where there are no unacceptable impacts will be supported. Policy SP C56 The provision for recreation and open space will be enhanced by the establishment of new facilities in or close to town 350BIOO PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 Policy SP C57 Policy SP C58 FIFTH SCHEDULE, contd. centres, or where this is not possible at the edge of centres where the mode of transportation is varied, and there is high public transport accessibility. Existing playing fields and areas of open space with significant recreational values will be protected from development unless there is a surplus and there is no evident demand for their use by other developments. The use of!and for sport and recreation outside growth centres will be permitted provided the proposal requires a countryside location, is accessible by a range of transport, and the structures and car parking areas are small scale and discreetly located. Where a considerable amount ofland has been left over from the reservation for the construction of main roads they can provide valuable recreational spaces. They can be landscaped and used for passive recreational purposes. No squatting or informal commercial activities will be allowed to take place in these reserves. Policy SP C59 Where land in excess of the required main road reservation exist, it will be landscaped and used for passive recreational purposes where practicable. Landscaping contributes significantly to the quality of the environment in which plant life is absent. It can screen unsightly buildings and enhance the appearance of developments giving them a high townscape value. Policy SP C60 Good quality hard and soft landscaping is to be provided as an integral part of any development proposal where it is necessary to enhance the environment and the setting of new buildings or otherwise to help integrate the development into its surroundings. Insensitively high buildings in coastal and other conservation areas can intrude on pleasant views enjoyed by others on the opposite side. It will be necessary to restrict the height of these developments to reduce the visual impact on the area and allow the views to be more visible. Policy SP C6 l Policy SP C62 Proposals for high buildings within or adjacent to an area sensitive to their impact will only be approved if they exhibit an appropriate degree of sensitivity in respect of siting and scale. No permission will be given for the erection of high buildings in locations where they are inappropriate or in sight lines between two view points and land marks.· JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508101 FIFTH SCHEDULE, contd, Billboards and other advertising signs can be detrimental to the amenities in the area in which they are located. Care has to be taken as to their placement in conservation areas to ensure protection of the environment. Policy SP C63 Advertisement will not be allowed in any conservation or landscaped area other than signs that give direction and these should be scaled to the likely speed of travel. Historical, Archaeological Sites and Buildings The Jamaica National Heritage Trust Commission has listed the many monuments and historical and archaeological sites in the parish for the interest of both residents and visitors. Those monuments listed in Appendixes 3 and 4 are protected by the provisions of the Jamaica National Heritage Trust Act. It is expected that owners of property on which there are historic or archaeological relics will restore them and preserve them or cause them to be preserved and restored within a compatible environment and within the context of viable development where this is contemplated. It is in the country's interest to conserve and enhance this inherited resource particularly as it is one which is not diminished by usage. The local planning authority will therefore seek to protect these sites and will undertake an assessment to determine any impact development will have on them before granting permission after consultation with JNHT. Policy SP C64 Policy SP C65 The local planning authority will normally refuse planning permission for development which would destroy the setting of ancient monuments, historic sites, and important archaeological sites. Development proposals should avoid damaging or destroying sites of archaeological interest and their setting unless there is no feasible alternative. Where sites are of national importance, there will be a presumption that they should be preserved as is unless it can be demonstrated that the needs for development outweighs the value of the monument. Where development will affect a site agreement will be sought with the owners to ensure that adequate time is allowed for an investigation of the site to be undertaken so that valuable heritage information is not lost. The views of the Jamaica National Heritage Trust will be sought when such situation arises. Policy SP C66 Where important archaeological remains exist within a proposed development site in order to determine the application the local planning authority may require the developer to undertake an assessment of the archaeological or historic importance of the site in question and the likely 3508182 PROCLAMATIONS. RULES AND REGULATIONS [JUNE 21, 2013 Policy SP C67 Policy SP C68 FIITH SCHEDULE. contd. impact of development. In certain cases such an exercise may involve an excavation. Planning permission may be refused if adequate assessment is not provided. Before granting permission for a proposal which would result in damage or destruction of archaeological remains, the local planning authority will need to be satisfied that the developer has made appropriate provisions for investigation and recording of the remains and that the information is available to the Jamaica National Heritage Trust. Planning permission may be refused if adequate assessment of the archaeological implication is not provided. There will be a presumption against development on important archaeological sites except where the redevelopment of a substantially developed site is proposed. Where preservation of deposits is not possible planning permission will be refused unless arrangements are made with the local planning authority for the work to be undertaken in a programmed manner. Where the restoration of a building is to take place it is customary for the existing features to be changed by the owners. This will be discouraged by the planning authorities and all efforts made to retain the original design. Any application within 91 m of a monument will be referred to the Jamaica National Heritage Trust for their comments and advice before approval is granted. Policy SP C69 Policy SP C70 Policy SP C71 Where works of restoration are necessary for any development every effort will be made to ensure that the original design is retained. Any application for change of use relating to a heritage building shall pay special attention to the viability of preserving the building in terms of safety, its setting or any special feature it possesses. In considering applications on or near sites of historic, architectural or archaeological significance the planning authority will have regard to the Jamaica National Heritage Trust Act and refer such applications for their comments and advice. The list of sites and buildings in Appendix 4 indicates areas of architectural or historic interest. It gives an indication of what should be preserved in the carrying out of pennitted development works and in the absence of intended development to be conserved. Where items cease to exist the local planning authority may offer JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508103 FIFTH SCHEDULE, contd. consultation with the JNHTC and the Authority and with the express consent of the Authority remove such items from the list. Policy SPC72 The sites and buildings of architectural or historic interest listed in Appendix 4 and other similar sites and buildings will be protected and pennission for development will only be allowed after consultation with the Jamaica National Heritage Trust. RURAL ECONOMY Agriculture is important in the rural economy ofTrelawny as it generates employment and spreads the benefits througl).out communities. The main agricultural activities practiced are the cultivation of yams especially in the southern section of the parish, and the planting of sugar cane in the northern portion. These are supplemented by the planting of vegetables such as sweet potatoes, plantains and corn. These activities are undertaken on approximately 7839 .41 hectares ofland being utilized by 5,251 farn1ers. However yam cultivation is the most popular fanning activity with 2,497 farmers being involved. Agricultural, horticultural and forestry lands will be safeguarded in all decisions made by the local planning authority. Policy SPREl Policy SP RE2 Land of agricultural potential will be preserved and conserved for productive agricultural use and the intrusion of development involving these lands will be severely restricted. There will be a presumption against development which diminishes the amount of productive or potentially productive land outside of the growth centres. Agriculture has been and will continue to be a major contributor to the economy and livelihood of the residents in rural Trelawny. Although land ownership especially in the southern section of the parish is broadbased there are situations in which it will be necessary to subdivide agricultural lands to allow farming on smaller size plots. This should not in anyway affect the agricultural potential of the parcel which is being subdivided and to prevent fragmentation should be a minimum of two hectares in Classes I - III. In class IV and above the size is expected to be increased. Where land is required for activities other than that pertaining to agriculture class IV and above should be used. For agricultural purposes land is classified into the categories shown in Appendix 20. Policy SP RE3 In order to prevent the fragmentation of good agricultural lands under normal circumstances lot sizes should be a minimum of 2 hectares for crops and grazing animals on soils of high capability with sizes increasing considerably on soils oflower capability. 350B164 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FJITH SCHEDULE, contd. In certain situations land of lower capability may also be used for agricultural purposes especially in the rearing of animals such as pigs and the keeping of poultry. These are two activities in which a number of people in the rural areas ofTrelawny are involved followed by goat rearing. Policy SP RE4 Activities such as poultry and pig rearing which are intensive agricultural uses not dependent on soil capability and which contributes significantly to the rural economy will be encouraged on the lower grade agricultural land where it is possible to do so. There are times when it may be necessary to house a worker or workers whose skill is related to and readily accessible to the fann in close proximity to the centre of activities. In such situations the use of good agricultural land for building purposes may override its preservation and the use of poorer quality lands. In such extenuating circumstances pennission may be given for this to be done. However, in other situations where good agricultural lands will be lost it will not be supported unless there is a justifiable need. This applies to development such as golf courses which even after restoration, the land is not as productive as it was before. Policy SP RE5 Policy SP RE6 Dwellings of a temporary nature for special agricultural workers outside existing settlements and in particular location and agricultural buildings where it is of a type and size appropriate to its purpose may be allowed on good agricultural land in extenuating circumstances only. Proposals for development of good agricultural land for other purposes will only be pennitted in exceptional circumstances, however proposals involving more moderate or poor quality lands will be pennitted unless the cessation of the use would prejudice the vitality of local farmers. It is inevitable that some development will take place in the countryside not withstanding such presumptions. It is therefore necessary that any adverse impact on the various resources of the rural area be kept to a minimum. The way developments fit into the area is essential and this applies to agricultural and horticultural development. Policy SP RE7 Any development which is allowed in the countryside (including agricultural and horticultural building for which planning pennission is required) will have to be designed and sited in such a way that any adverse effect on farming or public enjoyment of the countryside is kept to a minimum. Greenhouses and other large buildings for intensive agricultural production often have fairly limited life. The existence of empty or derelict buildings of this type will not be acceptable as a case for permitting non agricultural development in a location which JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B105 FIFTH SCHEDULE, contd. would be inappropriate. The building should be demolished and the site restored to agricultural use when no longer required. Policy SP RES Development (including greenhouses) associated with horticulture and intensive agricultural production not dependent on the quality of the soil will not be permitted if it will jeopardize the long term availability of agricultural land in Classes I, II or III, or where it is accommodated near to housing. The efficient conduct of agriculture requires the provision of markets and other outlets and distribution facilities in convenient locations. Where these are necessary the local planning authority will support them. Policy SP RE9 Development will normally be permitted where this is proved to be necessary for the distribution of produce to and from local farms and where they are not in conflict with any of the policies in this order (including those in horticultural development). A lot of everyday shopping is done in small shops located in the villages, and residential enclaves. The numbers have been declining however due to the increase in transportation facilities and the establishment of bigger shopping centres in urban centres. However, wherever there is a need, proposal to add this facility will be supported. Policy SP REIO Proposals for improvements to local shopping facilities or the establishment of a new one in villages where the need exists will be supported. A developing trend is to establish "superstores" and "retail warehouse" shopping on the edge of urban areas. This location is attractive as the amount of space required for these developments is extensive and is unlikely to be available in the urban centre. Their provision in the right location can bring improvement in the quality of shopping overall, especially to the car using customers. This will provide healthy competition for existing facilities which will have to upgrade to survive. Policy SP RE 11 Permission will be granted for sites outside established shopping centres for superstores, retail warehouse and other retail uses if they are compatible with their surroundings and will not cause any adverse environmental impact on the countryside, loss of good agricultural land, or affect the vitality and viability of nearby town centres and be easily accessible by car, and public transport. Expansion of the rural economic base is essential and can be achieved through the diversification of farm business and the reuse of redundant buildings for various 350B106 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21. 2013 FIFTH SCHEDULE, contd. purposes. However, their location is of major importance in justifying their use as they will not be encouraged in areas where they will cause the movement of extra traffic onto unsuitable rural roads. Policy SP RE12 Recreation, light industry, educational and tourist related business will be supported within redundant farm and institutional buildings provided such change would not in anyway affect the character of the building or be detrimental to the character of the countryside. In order to prevent reliance on agriculture only and widen the base of the rural economy certain types of development not relating to agriculture will be allowed. Those will be limited to guest houses, villas or cabins, other suitable holiday accommodation, and small business activities which are operated by the owner. Policy SP RE13 Extensions to existing buildings or the erection of new ones such as cabins, guest houses etc. to accommodate guests will normally be supported provided that there are adequate amenities and the character of the building and its locality will not be affected. The development of craft industries in the home especially for sale to tourists can bring added income to families with the required skills. These should not be unneighbourly activities and should at all times be appropriate environmentally for the areas in which they are being undertaken. Policy SPRE14 The local planning authority will support the establishment of small scale craft industry or other income generating activities in homes or adjacent to a rural settlement where they are of the type which will not be a nuisance to neighbours, or have any adverse impact on the environment or result in the loss of good agricultural land. Although the fishing industry is on the decline, inland fishing is done by a small amount of farmers and there are approximately 27 fish ponds within the parish. The need for this type of fish is on the increase and more ponds will be constructed in the future to meet the demand. The economic future of this industry looks bright. The construction of fish ponds though is development for which planning permission should be obtained. Policy SP REI 5 The construction of fish ponds and ancillary facilities will be supported by the local planning authority in areas where they will not be located on good agricultural land or otherwise result in the loss of good agricultural land. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508167 FIFTH SCHEDULE, contd. Some agro processing industry needs to be located near to the source of the raw material. This is true of the sugar industry where sugar and rum are manufactured where sugar cane is grown in the Parish. Over time, other activities such as poultry and vegetables will follow suit. Plants will have to be located where they can facilitate the processing of these agricultural products. Policy SP RE I 6 The establishment of agro industries where they strengthen the rural economy will be supported as long as they are not located on good agricultural land, will not impact adversely on the environment or have a deleterious effect on the character of the countryside. URBAN ECONOMY The urban economy ofTrelawny is centered around commercial and office activities, tourism and manufacturing industries. The commercial and office activities are confined mainly to town centres and their overall impact on employment is very high. This is so although some commercial enterprises are family oriented. Office uses are confined mainly to Banks, Insurance Companies, Building Societies and Money Transfer entities. It is important that land be made available for the creation of new business and the extension of existing ones and that they are fully utilized in developing the towns' economy. Policy SP UE l The local planning authority will seek to develop the urban economy through reservation and the promotion of suitable sites for commercial and office uses in growth centres and other urban areas. Where land and buildings that can generate employment opportunities exist, the local planning authority will ensure that they are retained for that purpose and will only release those that would be detrimental to the amenities of the area in which they are located. Exceptions maybe made if there is documentary proof that there is no real demand for their use for such purpose. Policy SP UE2 Permission for the development of land or buildings currently in employment generating use for non-employment purposes will normally be refused. Only in extenuating circumstances will permission be granted to use such land or building for other activities. The services provided in Growth Centres supplement the facilities provided in the major sub-regional commercial centre such as food and general household shopping. These locations are usually easily accessible to the areas they support by means of public transport. They also have good road links making it easy for motorcar travel. It is the intention that they be expanded to provide more services and employment opportunities in the areas in which they are located. 3508108 PROCLAMATIONS. RULES AND REGULATIONS (JUNE 2L 2013 Policy SP UE3 FIFTH SCHEDULE. contd. The local planning authority will seek to ensure that a variety of shops are provided in Growth Centres for food and general household shopping and will promote and encourage improvements according to local needs. The retail character and vitality of shopping areas need to be retained. This it is hoped will be achieved through monitoring. It is important that where shops are located there are no unacceptable breaks in the retail frontage by the introduction of other types of activities, which would obstruct the flow of shoppers. There should not be an over concentration of units in shopping centres especially in Growth Centres. Policy SP UE4 Policy SP UE5 Change of use from retail shops to other uses in Growth Centres will normally be permitted if the retail character and vitality of the centre as a whole would not be adversely affected. Proposals that will improve or otherwise modernize the shopping role of existing towns will normally be approved if they comply with environmental and access policies. Building frontages contribute not only to the character and design of a building but to the whole street scene as well. Proposals to alter a shop front will have to take into consideration the type of design existing in an area and conform with it. If the building is within a conservation area it should aim for historical accuracy and conformity. Other designs should be appropriate to the main building and wider street scene. Policy SP UE6 Where a shop front has a distinctive character and contributes to a building or street scene there will be a presumption against replacing it. There are some twenty-five (25) factories in the parish producing from sugar and rum to apparel among other things. Except for the sugar and rum which are produced in factories located in the rural areas most of the other industries are located in the urban areas. Although there is no great demand for industrial land at the moment, this may change in the future. Land will be shown on the land use proposals map for small industrial uses and office suites. Within these sites high tech industries will be allowed. Policy SP UE7 Adequate provision will be made for a range of sizes and types of industrial, office and commercial sites including some which will be suitable for small firms. Light industrial and office \lSe need not be located in areas designated specifically for such purposes or where the office is ancillary to some other use. Such uses may be allowed in residential areas if it is small scale, the process is clean, light and quiet and traffic generation will not cause a nuisance. Office developments are also acceptable in shopping centres for the provision of local services. They should not however be located in the middle of rows of shops but at the ends or on top floors. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B189 Policy SP UE8 Policy SP UE9 FIFTH SCHEDULE, contd. New industrial or office development may be permitted on land other than that identified for this purpose on the land use proposals map if it is for the erection or use of a smaller building within the built up or residential area for a purpose which has no significant harmful environmental effects. New office development (including change of use) other than on land identified for the purpose will normally be permitted if it will be ancillary to some other established or approved use. Disabled people are vulnerable to gaining access to places of work or otherwise where they have to transact business. Buildings which have to be used by them should be fully accessible and cater for their special needs. Special parking bays should be provided for them in accordance with Appendix 9 near to the building entrance and identified by the international sign shown in Figure 2. Policy SPUEl0 The local planning authority will encourage that in all new developments and where practicable and reasonable, the change of use, alteration or extension to buildings for employment or transactions of business provide suitable access and facilities for disabled. Where large scale commercial or office development is taking place certain amenities such as sanitary facilities for public use is to be provided. The local planning authority will determine what the provision should be after an assessment of the intensity of the development. Policy SP UE 11 In considering large scale commercial or other development certain public facilities such as toilets, facilities for recycling and children's play area will have to be provided. The use of vacant space above commercial facilities can add life and vitality to an area outside of business hours. In this regard, use for the purpose of residential activities and entertainment purposes such as night clubs are ideal. The type of use will depend on the location and facilities available such as parking. Developers will be encouraged to have separate access to the upper floor that will not affect the daily operations of the complex. Policy SP UE12 The local planning authority will encourage proposal to bring disused or underused floor space especially those over shops back into beneficial use such as for residential purposes, ( or office use) or entertainment facilities in areas where they will not exacerbate traffic problem or injure the amenities of an area. 350B118 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. Car repairs, vehicle spraying, tyre repairs and muffler works are some activities related to the motor car industry which provides employment for local people as well as providing a useful service. There is the processing and storing of minerals and building materials which also add to the local economy. These uses can adversely affect adjoining neighbours and are classified as unneighbourly uses. Permission for them will be subject to stringent and enforceable conditions to protect surrounding residents or businesses. Where they exist in the wrong location the local planning authority will ensure that they are relocated at the earliest opportunity and will not grant permission for their further intensification. Policy SPUE13 Policy SP UE14 In dealing with proposals for car repair workshops, garages, tyre and muffler repair centres, regard will be given to the impact on the amenities of the surrounding area, particularly where residential accommodation is involved and will not grant permission for extension of existing uses. Permission will not be granted for unneighbourly industrial activities, or other uses likely to be detrimental to the amenity of a locality or pollute the natural environment and the local planning authority will seek the relocation of business places which are so inclined. The National Industrial Policy seeks to promote transformation of the Jamaican economy through the expansion of existing industrial activities and the promotion of new ones, in targeted areas. To achieve this goal it will be essential to identify and establish special locations for the purpose. Policy SP UE15 In keeping with the industrial policy the planning authority will support the development of specialized industrial parks, and industrial space for small business in appropriate location. Trelawny being an agricultural parish needs outlets for its agricultural produce both inside and outside of the parish. There are markets located in three growth centres which provide space for a wide variety of agricultural produce and services to locals and visitors especially from other parishes or areas where commodities are not available. These markets are located in Northern Trelawny. There is a noticeable absence of this facility in the southern section which is the more productive in terms of domestic food supply. This provides a steady income for the vendors and residents in the area and strengthens the economic position of the area and the island. Policy SP UE16 The local planning authority will seek to ensure that produce markets are located in all growth centres where they are required to fill the needs of the community, that they have the necessary facilities and amenities and that their use at all times involve that of market activity. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350Blll FIFTH SCHEDULE, contd. The Tourism Industry is growing in Trelawny with the existence of four major successful hotels and plans for other resort developments. The most of these are along the coast and within urban limits. For more details on Tourism, please see the heading entitled "Tourism". Policy SPUE17 Planning permission will normally be granted for tourism proposals on appropriate sites providing there is no overriding conflict with the policies in this Order especially those under "Tourism". MINERALS Bauxite deposits exist in varying quantities especially in the Cockpit Country which is an area rich in biodiversity relying on the forest habitat for survival. Where mining of the ore is possible it is not intended that it should be rendered incapable of extraction as a result of physical development. However, mining may be impeded otherwise due to the sensitive nature of the environment which has to be conserved and protected. Caution will have to be exercised in the areas where mining operations are contemplated especially with regards to the removal and relocation of species as their survival is not guaranteed in such situations. The local planning authority will take this into consideration when dealing with applications for mineral extraction in the area and if necessary will impose enforceable conditions to protect the natural environment. Policy SPMI Policy SPM2 Policy SP M3 All operations concerned with and ancillary to the extraction of minerals constitute development and as such require planning permission from the planning authority. ~velopment proposals which will prevent or obstruct the extraction of minerals which is important to national development and the economy will not be supported by the planning authority except in extenuating circumstances. The local planning authority will give due regard to the protection of the environment and natural conservation when dealing with applications which involve ore extraction or related activities in the confines of the Cockpit Country and its environs. Quarries on the whole will be located in quarry zones and will be permitted in no other locations. The zones will be determined by the economies of location of suitable material in relation to the consumption area (e.g. blockmaking areas etc.) but will be strictly conditional on aesthetic considerations based on noise, dust, smoke, traffic and visual effect. As a matter of policy, quarries will be limited in number at any one time and operation will be encouraged to complete the operation and restore the land in the shortest possible time. 350B112 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 Policy SP M4 Policy SPM5 FIITH SCHEDULE, contd. Quarries must be located in quarry zones which will operate on strict conditional aesthetic guidelines and no permission will be granted for operation outside of this area except in extenuating circumstances. The number of quarries operating in a zone at any one time will be limited to the size and amount of material in the zone and the operators will be encouraged to complete the operation in the shortest possible time. In some instances, land which is slated for development at some time may be quarried on a priority basis and prepared for development to the satisfaction of the local planning authority in consultation with the Mines and Geology Division, or any agency carrying out that function. The quarrying of land shall not be construed as rendering the land suitable for development. Operators will be encouraged to complete the operation and restore the land in the shortest possible time. Policy SPM6 Policy SPM7 Policy SP M8 All mined out quarried lands are to be restored to its original vegetative state, or to a level which is satisfactory to the local planning authority and related authorities. Lands which are slated for development may be mined or quarried on a priority basis and be prepared for the development to the satisfaction of the local planning authority. In the event that contemplated development might affect licensed quarry operation the matter will be referred to the Commissioner of Mines for recommendation. Coastal sand cannot be regarded as a source of extraction for building purposes. Sand deposits offshore are not extensive and possibly may be diminishing. Replacement cannot take place by natural means especially where the rate of removal is high. In the present condition permission will not be given for extraction except under very exceptional circumstances. Policy SP M9 The extraction of offshore or onshore coastal sand will not be permitted except under exceptional circumstances and sand extraction in such situations will be stringently controlled. The solution to the need for commercial sand, lies in using the fines from limestone crushing for building purposes. The current prices of sand aggravated by the high transport costs for haulage by trucks from distant supplies indicate that this would be economical. Alternatively the manufacturing of artificial sand should be explored. Policy SPMl0 The local planning authority, will support the establishment of crushing plants at locations close to quarries where they will JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B113 Policy SP M 11 Sewage FIFTH SCHEDULE, contd. not impact adversely on the environment and where they are easily accessible by the building industry. The future of the bauxite industry in the parish is not yet determined as far as the public is concerned. It is not known to what extent mining will take place and whether or not it will be processed in the parish. Mud lakes are a feature of the industry where the conversion to alumina takes place. These are usually located in valleys or on good agricultural lands. Permission will not be given for the conversion of good agricultural land into mud lakes etc., unless there is no suitable alternative site which could be used with less detriment to agricultural productivity and the environment. WASTE DISPOSAL At present the areas connected to sewage systems across the parish are limited. These exist at special housing schemes in the larger urban areas and in specialized developments such as hotels and the all-purpose stadium at Greenfield. As development of the parish increases the need for more centralized disposal systems are going to become critical, if sewage is to be disposed of adequately and safely. However this can only be effective where an adequate supply of piped water is available. Policy SP WTl Where densities are higher than seventeen dwelling units per hectare and an aggregation exceeding three hundred persons, or where otherwise necessary because of environmental conditions the units should normally be connected to a central collection system. With the introduction of higher densities in urban areas it is obvious that more sewage will be generated in these developments which have more effect on the environment. Since it will not be possible to provide central systems in all developments, precautionary measures will be taken to ensure that sewerage is disposed of adequately and satisfactorily on site. Any increase in density will therefore have to take into consideration lot sizes which can facilitate on site disposal. Policy SP WT2 For single family houses on lots larger than 1/10 hectare treatment and disposal should be by septic tank and tile field or any other method acceptable to the Health Authorities, the NRCA and the local planning authority. A large proportion of households in Trelawny use pit latrines. This could be attributed to the absence of running water especially in southern Trelawny. To protect the environment in the best way possible then the safest type of pit latrine should be 350B114 PROCLAMATIONS. RULES AND REGULATIONS [JUNE 21, 2013 FIITH SCHEDULE, contd. adopted. This would be recommended by the public health authorities and or the other agencies with this responsibility. Policy SP WT3 Where it is necessary to dispose of sewage by means of a pit latrine this should be of the Ventilated Improved Type or any other type recommended by the Health Authorities and acceptable to the local planning authority. For large scale housing schemes the method of disposal most often used is stabilization ponds. Where development is done on a small scale septic tanks and absorption pits are the preferred choice. However, there are several other types of system available and the one selected should be satisfactory to the local planning authorities and the Ministry of Health. Policy SP WT4 In disposing of sewage in large scale developments the developer should discuss the methods available with the Health Authorities and the NRCA and implement the one recommended by them to the satisfaction of the local planning authority. In locating absorption pits care should be taken that they are not placed where they can pollute aquifers and other sources of domestic water supply. Minimum distances should be adhered to exercise caution in this regard. Policy SP WT5 No absorption pit, tile field or any other disposal facility should be located in the vicinity of an actual or potential well site, aquifer, or source of domestic water supply unless the necessary and satisfactory precautionary measures are taken to prevent any unacceptable impact in terms of the environment, amenity and public health. In designing septic tanks their capacity is important if they are to function properly. They should be large enough to accept the flow from the development and retain it for a period of time. This will allow the bacteria to act on the waste and improve its quality for disposal. Policy SP WT6 Policy SP WT7 Septic Tanks should be designed so as to give required detention time to the waste and prevent short circuiting resulting in poor quality eftluent for disposal. There should be a minimum vertical distance of Im between the bottom of the tile field and the maximum elevation of the ground water table or any layer of rock or impervious material. JUNE 21, 2013) PROCLAMATIONS, RULES AND REGULATIONS 3508115 FIFTH SCHEDULE, contd. Recycling of Waste Water According to Statistical Institute of Jamaica 2002 data, only 51. 7% of the parish has access to piped water. Although a reasonable supply is available to the residents of north Trelawny the same cannot be said for those in the south who are being poorly served. There are areas in which water catchment tanks are still the main source of water supply to some residents and a back-up system to others. The recycling of grey water from basins, baths and showers especially to flush lavatories or water gardens and lawns where possible will be encouraged. Black water from the lavatory and water from kitchen sinks and dishwashers should go directly to the sewerage disposal system. Policy SP WT8 Policy SP WT9 Where rainwater is used primarily by households its catchment and storage will be encouraged and provision should be made for this in development proposals. Households with a running domestic water supply system and/or a rainwater catchment system should use the rainwater or grey water for watering plants and lawns. The large resort developments that will be implemented in the parish over a period of time will have sewage treatment by means of stabilization ponds or some method whereby the waste can be recycleQ. This should be made use of in watering golf courses and other large landscaped areas. This also applies to grey water. In doing so, water consumption can be considerably reduced making it less costly to the user and available to more potential customers. Policy SP WT 10 Developments with large landscaped grounds such as golf courses should make provision for the use of recycled water from their sewerage systems to water such areas. Solid Waste Waste is generated in every community as a result of the various activities undertaken by the residents and Trelawny is no exception. This impacts on the landscape, wildlife and the communities themselves in terms of pollution. The collection and treatment of waste is therefore a problem that should be dealt with at the early stages of a development to avoid a calamity. Proposals should include collection, removal and waste minimization. Policy SP WTI 1 Adequate provision shall be made within all residential developments for the collection, and disposal of waste at an early stage of the design process in terms of a sustainable approach and such that it would not create any unacceptable impact on the environment. 3508116 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFfH SCHEDULE, contd. The municipal facility for the disposal of solid waste in the Parish has been closed and garbage now has to be trucked to a facility at Retirement in St. James. This is part of a centralization process to better man,age the situation and release the existing site for housing purposes. However, with increases in waste generation coupled with problems of delay in collection and removal the possibility exists that health problems could be brewing in the major towns of the parish. Transfer stations will be established where the garbage can be stored in holding areas and then taken away. In order to minimize environmental conflicts the sites will be established in accordance with needs. Policy SP WT12 Proposed site for transfer stations will be established at locations satisfactory to the local planning authority and will take into consideration the capacity for the relevant waste type, satisfactory access, effects on agricultural land and other environmental factors. The storage and collection of waste from catering establishments, markets and street vendors is a problem as it could result in health hazards such as harbouring places for rodents and breeding places for flies if not done properly. Waste from these activities should be stored in properly secured containers which should preferably not be placed on pavements where they are unsightly and dangerous to pedestrians but in service areas within developments, where this is possible. This will prevent stray animals rummaging through it and create a safer environment. Policy SP WT13 Adequate provision will be required within all commercial and similar developments for the storage, presentation for collection and removal of waste, unless exceptional circumstances make it impractical. In areas where it is necessary to reclaim land selected garbage can be used as landfill. This provides a means of disposing of solid waste which is not environmentally unfriendly. In undertaking such an exercise regard should be. had to the long term benefits and the impact on adjoining properties. Policy SP WT 14 Consideration will be given to proposals for land filling especially with regard to any long term benefits that may arise, including raising the level oflow lying land and restoration of mined out areas. A large amount of biodegradable waste normally ends up in landfill or dump sites. While concentrations should be on the reduction of waste firstly, recycling and composting should not be overlooked as these can make valuable contribution to the quality of the environment. Policy SP WT15 The making of provision in developments to allow for the separate storage of recyclable waste where appropriate will be encouraged by the local planning authority. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B117 Policy SP WTl 6 FIFTH SCHEDULE, contd. The local planning authority will encourage more waste management practices which are based on the best environmental options for the local circumstances and encourage practices that reduce waste generation at source, re-use waste for the same or another purpose and recover value from waste through recycling. Where hazardous waste exists provision will be made for its safe and satisfactory disposal either in incinerators at selected locations or treatment before transfer to a landfill site. In all situations measures will be taken to ensure that there is compatibility between the environment and the sources and the health and welfare of the public. Policy SP WTI 7 The local planning authority will give attention to the establishment of special hazardous waste disposal facilities when and where it is necessary to do so. ENERGY CONSERVATION Due to the existence of the hotels and industries in the parish, along with approximately 17,420 out of 21,732 households using electricity, the demand for this commodity is high. Although the parish has two of eight hydro plants used by the Power Company to generate electricity to its grid, the price to consumer is high. Basically this is due to the price of oil which is used in the other plants being high on the world market and keeps on rising. It is therefore necessary that users of electricity adopt a conservation policy to reduce its use and promote environmental values. Careful consideration of building orientation, layout and infrastructure and eventual use can lead to energy savings. This is especially so in the design of large buildings where flexibility is often greatest. Policy SP El Policy SP E2 The local planning authority will encourage more sustainable use of energy through the improved design of buildings, increased efficiency and conservation of energy sources. In assessing applications the local planning authority will be mindful of energy conservation measures especially as it relates to natural lighting and ventilation and the maximization of opportunities for solar heating. The Rural Electrification Programme has assisted with the provision of electricity within the parish connecting several places to the service. In doing so, they have had to erect poles and string wires along the sides of roads. The Jamaica Public Service Company follows the same routine. Irrespective of the organization that undertakes this activity planning permission is necessary and should be obtained from the local planning authority. 3508118 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 Policy SP E3 Policy SPE4 FIFTH SCHEDULE, contd. The installation of utility poles, lines and other devices necessary for the distribution of electricity and other services will be supported where they do not affect the environment and where they meet the requirements of the relevant agencies. In erecting poles and lines and other ancillary services related to the distribution of electricity and other services they should be so located that they do not obstruct the movement of pedestrians especially the disabled using the sidewalk. There is a growing acceptance that more of the country's energy requirements will have to be produced from renewable resources. This is inevitable as the demand increases. The parish already has two hydro power station and due consideration will have to be given to the use of wind and solar power in the long term. Although there are no indications that this is in the pipeline, the local planning authority will support their establishment if suitable sites are found for their location. They should be established as wind farms rather than on an individual basis. Where permission is granted for installation, should their use discontinue then they will have to be removed along with all ancillary facilities associated with them. • Policy SPE5 Policy SPE6 The local planning authority will be mindful to grant planning permission for wind farms provided the development including ancillary buildings and facilities will not cause serious harm to the ecology of the area or disturbance to any receiving or transmitting system in the area. Wind farms connected to the national grid will be safeguarded from development which would conflict with their operations in this regard. Solar power is only available on an individual basis in most instances as a supplementary energy source. Although panels are needed externally to collect the power these are often placed in locations where they have minimal visual impact. Trelawny has several historic buildings and their effect on these will be carefully controlled. Policy SPE7 Policy SP ES Where planning permission is required for proposals to use solar energy, applications will be considered on the basis of the visual effects of the structures proposed and the need to protect heritage buildings. Where it is necessary to have hot water especially in commercial facilities the local planning authority will ensure that it is designed to make use of solar heaters and other energy savings device before granting planning permission. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508119 FIFTH SCHEDULE, contd. Electrical substations and transformers are necessary in the electricity distribution network especially in or near to residential areas as they breakdown high voltage to the consumer levels. These stations are visible and most times detract from the environment. Efforts should be made by the power company to conceal or screen them so as to reduce their visual impact in the areas where they are located. PolicySPE9 Policy SP EIO The construction of substations will be supported in areas where they are necessary to provide electricity to consumers as long as they are compatible with the environment in which they are being located. Electrical substations and individual transformers located at ground level should be screened by a wall, fence or other means which reduces the visual impact and prevent undesirable intrusion by humans. The existence of trees in the path of electrical distribution wires is hazardous and because of that they are often times removed. Whilst on occasion their removal is inevitable, the power company needs to pay more attention to their protection and retention. The local planning authority realizing this need will pay special attention in this regard when granting planning permission for distribution lines and poles. Planning applications should show trees which the company or its agent plans to remove. Policy SP El I The utility company or its agent will be expected to erect its lines so that they avoid being under the crown of trees, through shrub areas or proposed or landscaped areas. The local planning authority will assist the utility company in forecasting future levels of demand for services based on the number of development and subdivision applications received. It will encourage where appropriate, developers to consult the various agencies so that they can be involved in the development process at an early stage. Policy SP El2 The local planning authority will help to facilitate the work of the public utility company where requested, through liaison and assistance in forecasting future levels of demand especially in terms of new development within the parish. High tension wires have b~en a feature of the rural landscape for a very long time. Some of them are located in areas where they detract from the environment, while others are less prominent. The local planning authority will require that the route selected for their installation be submitted for approval along with the methodology used in arriving at that decision. 3500120 PROCLAMATIONS. RULES AND REGULATIONS (JUNE 21, 2013 Policy SP El3 F!ITH SCHEDULE, contd. In seeking permission for the erection of transmission lines the Light and Power Company will be required to indicate to the planning authority how the proposed route was selected in an effort to ensure minimum visual impact on the environment. TOURISM The tourism industry is one of the main contributors to the growth of the economy of the parish. This will continue to be so as it is located between two prime tourism oriented parishes and it has the potential to grow. The demand for tourist facilities is expected to increase over the next ten years as new past times develop and people have greater expectations of their leisure time. Although levels of tourism are dependent upon a number of external factors it is safe to predict that the facilities and amenities being provided will meet the required needs. Policy SP TOI Policy SP TO2 Proposals for new or improved tourism facilities and attractions will be supported on appropriate sites for such development subject to the siting, design, environmental and visitor management considerations being satisfactory. In resort areas and urban areas permission will be given for hotels. conference facilities, villas and other serviced accommodation, provided they are consistent with the requirements for the areas. While tourism development facilities are to be encouraged, the local environment has to be safeguarded in the interest of local residents. Although tourism facilities which are compatible with the amenities in resort areas will be encouraged in the urban areas and elsewhere, small facilities will be acceptable. Policy SP TO3 Policy SP TO4 In built up areas, development which improves or extends the range of tourist facilities will be permitted provided the development will not be detrimental to the character and appearance of the locality and to the amenities of nearby residents. Permission will not normally be granted for hotels, guest houses and other serviced accommodation outside built up areas, except for conversion of existing buildings or appropriate extension to existing service accommodations. In extenuating circumstances cabins may be considered if they are environmentally friendly. Motorist travelling throughout the parish and wishing to make short stops needs to be provided with facilities. These include visitor centres, picnic stops, and other JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B 121 FIFTH SCHEDULE, contd. roadside facilities such as laybys and Travel Halts. A number of sites have been selected for this purpose and is indicated in Appendix 7. Policy SP TO5 Provision will be made for transit picnic sites for motorists along main roads. Visual intrusion into the countryside will be avoided and the sites will be combined where possible with other facilities provided for the motorist. Priority will be given to the use of underused or disused land. The Trelawny countryside is very attractive and most tourists will want to make use of it since they can find quiet informal pursuits or a sport requiring a countryside location, However, formal activities should be located in the resort areas unless the situation warrants other use. This is to ensure that the existing tourism centres are used effectively and that facilities do not override the need to protect the environment. Policy SP TO6 Policy SP TO7 Favourable consideration will be given to areas in the built up areas and the coastal resorts for recreational developments likely to attract large numbers of people. Such recreational development will only be allowed in the countryside if there is a special reason for it to be in the area proposed. Permission will only be granted for countryside recreation activities where it can take place without serious detriment to forestry, landscape character. fanning and wildlife. where the roads can carry traffic flows and where it is in easy reach of a growth centre. Rafting on the Martha Brae is a very popular tourism activity in the parish. However service facilities are necessary if the full potential is to be realized. These will be supported in areas where they will not impact adversely on the environment and where they will add to the visitors' experience. Policy SP TO8 Small scale tourism facilities linked to rafting on the Martha Brae will be supported where they are compatible with the area. The provision of golf courses is part of the attraction of most hotels. The existing hotels have no such facility but it is evident that future resort developments will have this included as part of their amenities. It is an activity that requires a considerable amount of land. Care will be taken to ensure that sites selected for this purpose will not have a negative effect on the environment or intrude on good agricultural land. Policy SP TO9 Golf courses and other forms of development that require extensive land areas will only be allowed in locations where their impact on the environment is low, where the land is not 350B122 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. good for agricultural purposes (Class I - Ill) and where the roads in the area are adequate to carry an increased traffic flow (See also Policy RAP 19). TELECOMMUNICATION The growth in communication technology has given rise to the erection of Cellular Towers, and other telecommunication apparatus and devices such as antennae and satellite dishes for both domestic and commercial use 1;1cross the parish. Telecommunication devices for commercial purposes are larger and more prominent than those for residential purposes which are getting smaller. The siting and design of these facilities should at all times be such that they do not have a severe impact on the character and visual amenity of the environment. Policy SP TELE I Policy SP TELE 2 Policy SP TELE 3 Base stations and transmission masts and towers will be approved in areas where they do not impact negatively on the environment and in which the land to be developed meets the necessary guidelines for the structures proposed. Where possible the proposed development should be . designed so that it blends into the environment and minimize the visual impact. Different solutions, types of material and colours should be utilized where possible and the existing apparatus within urban areas sited on existing structures. Telecommunications network should be sited so as to minimize the disturbance to the environment and loss of amenities. Telecommunications and particularly mobile phones have become an indispensable feature of modem living. However, there has been a great deal of concern about the radio frequency transmitted from cellular towers on the health of residents in their vicinity. Since most studies on the effects of exposure to radio frequency (RF) from mobile phones or their base station have remained inconclusive, a precautionary approach will therefore be adopted in the location of these telecommunication devices. Pre-application discussion and consultation will be carried out in communities and among institutions to determine their level of acceptance before a planning decision is made. Policy SP TELE 4 Pre application consultation and discussion will be undertaken between the local planning authority and the operator, schools, communities, interested parties and any other relevant body before planning permission is granted. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B123 Policy SP TELE 5 Policy SP TELE 6 FIFTH SCHEDULE, contd. The beam of greatest radio frequency intensity from a base station sited within or near retirement homes, educational and health facilities should not fall on any part of the grounds or buildings of the institution. Operators shall submit statements indicating compliance with World Health Organization guidelines for non-ionizing radiation protection with each application before it will be considered by the local planning authority. Taking into account the limitations imposed by the telecommunication network, planning permission will be granted if it can be shown that the proposal has a minimal effect on the surroundings. It is also to be borne in mind that the construction of new developments can adversely affect the telecommunication services of others in the neighbourhood. The rights of adjacent landowners and the level of effect of the proposal on them will be assessed to ensure that they are protected. Policy SP TELE 7 In considering applications the local planning authority will take into consideration the development rights of the subject land and that of the adjoining premises. The remains of obsolete equipment can destroy the amenities of an area and threaten the health and welfare of those living in the communities of which they are apart. Such equipment should safely be disposed ofby the network operators in accordance with any standards or guidelines provided by the relevant agencies/authorities, and appropriate measures taken to reinstate the land to its original state or as near there to as possible. Policy SP TELE 8 Operators of communication systems shall safely dispose of obsolete equipment on their sites and restore the land to a use satisfactory to the local planning authority. An increase in the number of participants in the telecommunications industry has given rise to a proliferation of antennae not only in urban areas but more so in the rural areas of the parish. These equipment are tall and prominent and are always located where they are a visible feature of the landscape. This has threatened the visual quality of some areas reinforcing the need for their control. Where satellite dishes, microwave antenna, radio masts and other telecommunications apparatus have to be installed, they will be considered on their own merits taking into consideration their impact on the character of the area. The possibility of sharing facilities will also have to be explored so that the number of structures in an area may be reduced. Policy SP TELE 9 The planning authorities will ensure that the erection of telecommunications equipment will not result in unnecessary proliferation of or have any adverse effects on the character of a locality or the appearance of a property. 3508124 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. Policy SP TELE 10 In considering applications for the erection of masts in rural areas, the local planning authority will need to be satisfied that the siting and external appearance of it and its apparatus will take into account existing and proposed landscaping, the impact on amenity and the impact due to noise and disturbance. Policy SP TELE 11 In considering planning applications from license operators consideration will be given to the possibility of sharing existing masts, replacing one with another for joint use or erecting one suitable for joint use and that proposals will not affect the skyline or other areas of importance. Business premises, especially betting shops and cable facilities, normally have the need for satellite receiving antennae and these are usually installed in locations where they are incongruous. They should be unobtrusively located so that they are hidden from public view and do not harm the amenities of any residents adjacent or in close proximity to the site. Policy SPTELE 12 The erection of antennae on business premises will normally be permitted where the proposal is such that it is not visible from public areas or from the habitable room window of a dwelling which overlooks the site. Policy SP TELE 13 Proposals for the erection of commercial antennae within the cartilage of industrial or commercial premises will be considered taking into account the scale of the equipment in relation to its surroundings and the existence of similar equipment in the vicinity of the site. Under normal circumstances the size should not exceed 1.8m in diameter. Antennae in residential development or other domestic use has very little environmental effect and is confined to satellite antenna mostly. Normally a satellite dish of up to 70cm in diameter is permitted development and will not require planning permission. Those above this size will need planning permission and special attention will be paid to their location. Ground mounted antennae will be less obtrusive than wall or roof mounted and will be allowed where it can be screened from public view. Policy SP TELE 14 Where planning permission is required for the erection of an antenna on a residential dwelling, apartment or town house the application will be considered in terms of: (a) any existing antenna on the building; JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B125 FIFTH SCHEDULE, contd. (b) the size which should not be greater than 1.8m in diameter; ( c) the visual effect by occupiers of adjacent land. Policy SP TELE 15 Satellite dishes should wherever possible, be located at the rear of a building or premises or on lower roofs and should be as unobtrusive as possible from the public view. Policy SP TELE 16 In complexes such as town houses, terraces and apartment buildings consideration will be given to antennae or satellite dish sharing between several units rather than a number of individual dishes being located on the site. Although telecommunications devices are not compatible with historic or other heritage buildings or even townscapes due to their limitations, permission will be granted if they have minimal effect on their surroundings. The visual amenities of buildings, open areas and street scenes will have to be protected. Policy SP TELE 17 • Telecommunication devices will not be allowed on listed or other such buildings or buildings within conservation areas or on a site affecting heritage and consideration will be given to siting these on adjoining buildings or where they will least jeopardize the character and appearance of the heritage building. It is indisputable that telecommunications have contributed to modem living. The dependency on this means of communication will continue and designers and architects should make provision for its future needs. In designing new developments telecommunication requirements should be considered to prevent installation at a later stage which may not be supported. Policy SP TELE 18 Telecommunication requirements should be considered at an early stage in new developments as the installation of visually intrusive equipment at a later date may not be permitted. GENERAL DEVELOPMENT POLICIES The General Development Policies are intended to supplement the Sectoral Policies in that they can be applied to all areas and will be relevant in considering applications throughout the parish. The local planning authority in considering applications for development will therefore ensure that provisions are made for proper sanitary conditions and conveniences, that there is the coordination of roads and public services, the protection and extension of amenities and the conservation and development of the resources of the parish. Those aspects of development which 3508126 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. encourage personal wellbeing, social harmony, equal opportunity and sustainability will therefore be promoted. Policy GD 1 Policy GD2 The local planning authority will not grant approvals for major residential or commercial development: (a) outside of growth centres, except where it is needed to satisfy a local demand (b) where adequate provisions have not been made for infrastructure and utility services ( c) which will sterilize or destroy the enjoyment of an important resource ( d) which by virtue of any process generates smell, fumes, noise or that would be a nuisance to existing and proposed development in the area in which it is to be located. Development will be given approval in areas that provide a healthy environment and in which the land to be developed meets the requirements and guidelines for the type of buildings and structures that it is proposed to be erected. The local planning authority will seek to ensure that as far as possible, existing trees and woodlands of amenity, economic and ecological value are protected and maintained. Where a development is permitted, trees or groups of existing or planted trees and woodlands of significance within the area being developed will be retained and maintained. Where their existence is likely to be threatened they will be protected by Tree Preservation Orders. Policy GD 3 PolicyGD4 The local planning authority will seek to protect trees and woodlands of public amenity value in development proposals and secure their retention where necessary through the institution of Tree Preservation Orders. All relevant aspects of environmental impact will be taken into consideration by the local planning authority when land use proposals are being assessed and development which would adversely affect existing trees or clusters of trees worthy of retention and preservation will not be permitted. In order to preserve the visual and recreational amenities of the parish, areas within the urban fence will be zoned to preserve amenity and open space. It is the intention of JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508127 FIFTH SCHEDULE, contd. the local planning authority that open spaces and recreational facilities be provided within a convenient distance of all places of residence. Where private or public open spaces or recreational activities are of high amenity value they will be protected from abuse and vandalism. Only uses consistent with their preservation will be considered in these areas. This includes development of recreational buildings, buildings for cultural use and necessary car parking facilities. Unrelated uses such as shops and houses will not be permitted. Policy GD 5 Policy GD6 Existing recreational open spaces will be protected and enhanced in all developments and only facilities necessary for their adequate functioning and the preservation of the amenity and character of the area will be allowed. Existing playing fields and recreational open spaces within established residential areas will be protected and the creation of new areas for active and passive recreation will be promoted wherever possible. Non-conforming uses are those activities existing in areas that have not been zoned for the purpose and with which they are out of character. It is anticipated that where these exist, the land affected will revert to a use in conformity with the requirements of this order and they will relocate to an appropriate site with which the use is compatible. In the interim no extension will be allowed for the activity in its existing location. Policy GD7 Where a non-conforming use exists, the local planning authority will encourage its removal at its earliest convenience and during the interim will not grant any permission for extension of the facility except in extreme cases of hardships. This does not obviate the fact that it will have to be removed eventually in such circumstances. The level of awareness and concern for the disabled has increased over recent years. In accordance with the principle of increasing this general level of awareness, the local planning authority will use the design criteria set out in the Development and Investment Manual Volume I, Section I, Planning and Development - Chapter 2 and the National Building Code as a reference in dealing with developments to which the disabled has access. Policy GD 8 In increasing its general level of awareness for the disabled the local planning authority will use the relevant sections of the Development and Investment Manual and the National Building Code as guidelines in assessing public developments accessible by them and all developments should be designed accordingly. 350B128 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. The conservation and preservation of buildings, structures and sites of historical, architectural and archaeological importance is of keen interest to the local planning authority. The list in Appendices 3, 4, and 5 provides information on the buildings involved in this process. In conjunction with the Jamaica National Heritage Trust and the owners and occupiers of the building, preservation and conservation of noteworthy features and architectural detailing of structures and the continuity and character of buildings will be preserved. Policy GD9 Policy GD 10 The local planning authority will seek to preserve and conserve buildings of architectural and historic importance and their features both in the long and short term and will seek the cooperation of the owners and occupiers in this regard. In considering applications for development on or within 91 meters of sites of archaeological significance the local planning authority will refer them to the Jamaica National Heritage Trust for comments and advice. There are many activities which are important to the residents of the parish but at the same time can be an irritant to them and a detrimental effect on the environment. As such they are inappropriate in residential areas and the centre of town areas. These uses are known as bad neighbour uses or backyard industries and involve the breaking up, repair and spraying of motor vehicles and the storing and processing of minerals and building materials. They usually have a high level of outdoor activities and should be accommodated on special sites such as those for heavy industry away from residential areas. The local planning authority will concentrate them in acceptable locations which will be screened and landscaped to minimize their impact. Policy GD 11 Policy GD 12 New bad neighbour use developments or the extension or intensification of existing bad neighbour use outside of their designated area will not be permitted. Bad neighbour uses will be confined to the area designated for that purpose except it can be shown that the proposal is not suited to the sites available. The southern sections ofTrelawny have a piped water supply problem and so a lot of the residents rely on catchment tanks to fill their needs. It does not seem as if there is a short term solution to this situation so it will continue for a while. The use of catchment tanks should continue even after the supply situation has changed. Policy GD 13 Developments taking place in Southern Trelawny and other areas of the parish where processed piped water is not available should make provisions for the collection of rain water to fill their needs. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B129 FIFTH SCHEDULE, contd. Flood plains perform an important function in the control of flooding in the lower reaches of a river course, and coastal areas and should therefore be preserved and left undeveloped. New development on lands previously not developed or extensions to existing development will also increase run-off in an area thereby increasing the risk of flooding. These situations will be taken into consideration in the processing of development applications. Policy GD 14 There will be a general presumption against new developments or the intensification of existing ones in areas which are at risk from flooding, unless it can be demonstrated that this will not occur either on site or elsewhere. Hotels and Guest Houses can normally be accommodated in residential areas in Growth Centres provided that their scale, appearance and traffic generation are consistent with the character of the area. It is important to encourage this kind of accommodation particularly at the budget end of the market as the parish is saturated with high end accommodation. Policy GD 15 In the built up areas and in the residential areas of Growth Centres permission will normally be given for hotels and other serviced accommodation provided they are consistent with other policies of the order. The loss of tourist accommodation will not normally be permitted. Doctors' and dentists' group practices need to be located as near as possible to their catchment population. Such practice can often occupy most of the space within a sizeable dwelling and whilst house conversions to provide new surgeries can cause loss of residential accommodations they are acceptable in principle because the need for a convenient location is important. However such conversions or any new surgery will have to conform with the vehicle parking requirements in Appendix 9. Policy GD 16 The local planning authority will support proposals for the change ofuse of buildings from residential to medical and dental surgeries in appropriate locations and premises. THE DESIGN OF NEW DEVELOPMENTS The local planning authority expects that the design of new developments will be of a high standard, having a high quality of building design and site layouts, and being in sympathy with the character and nature of the area in which they are to be located. The provision and sitting of community facilities, the layout ofbuilding areas, including 350B136 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. density, spacing, grouping and orientation will be considered in the grant of planning permission. The size, height, color and finishing materials of buildings and the use to which they are to be put will be controlled to ensure proper standards of design and amenity. Policy GD 17 Policy GD 18 Policy GD 19 New developments will only be approved by the local planning authority where the necessary infrastructure and amenities are available and where they conform to the policies requirements and guidelines for such developments as set out in this Development Order. Planning permission will not be granted for any development which would have a significant or adverse effect upon amenity and privacy of adjoining properties. All single family single storey residential buildings and horizontal multiple housing will be required to set back a minimum of 1.2 meters from side property boundaries and a distance to be decided by the local planning authority from rear property boundary to the farthest projection of the building at ground level plus 0.6m for each storey above the storey or partial storey at ground level to allow for side and rear yards. It is expected that new residential developments and resorts will provide safe and attractive living environment. In making applications for large scale housing developments and/or resorts such as town houses, apartments and hotels a survey plan showing existing trees and proposals for the retention or removal of trees and new planting and landscaping of the site should be submitted. It is important that trees which have been retained be protected during and after the period of construction. Any tree destroyed during the process should be replaced. Policy GD 20 Policy GD 21 A landscaping proposal plan is expected to accompany the submission of an application to the local planning authority for resort, town house and apartment development and no operations should take place on the site before permission is received for the application. New developments will be expected to conserve any wildlife features that exist on the site and create appropriate wild life habitats and sanctuaries where possible. Trees are important to the visual quality and amenity of built up areas and is a resource that needs to be protected for posterity. The local planning authority will JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B m FIFTH SCHEDULE, contd. discourage development which requires the removal of trees. In commercial or other similar developments where it may not be possible to retain trees their replacement will be required in the form of new landscaping with varieties adaptable to the environment. Policy GD6 22 The local planning authority will refuse planning permission for development likely to result in damage to or the loss of trees which makes a significant contribution to character and appearance of an area except in extraordinary circumstances in which case the site would have to be landscaped to their satisfaction. In subdividing land a variety of street design such as grid, modified grid, curve linear, cul-de-sacs, loops and P-loops and a variety of housing types and design along with the necessary open space will be encouraged. All proposals should take the physical characteristics of the site, including trees and clusters of trees, and other forms of vegetation and structures and sites of architectural, historical or archeological interest respectively into consideration. Consideration should also be given to the nature and character of adjoining development and the type of services which will be supplied by the developer. The convenience, amenity and safety of the community are to be of paramount consideration. Policy GD23 Policy GD24 Policy GD 25 Policy GD 26 In considering sub-division applications the local planning authority will pay special attention lo the design of the roads network and will ensure the coordination of the sub­ division of contiguous properties through the continuation of roads into lands which have not yet been subdivided in order to integrate utility and public services and other activities. In granting permission for the development of land due consideration will be given to the standards of amenity already established in the area and any departure to provisions which is lower will be permitted only on the merits of case. The land required to be set aside to meet community needs in residential subdivision should not be pieces left as unsuitable for housing development but land of appropriate dimensions, shape slope and location in accordance with the requirements set out in Appendix I 0, Residential Density, Standards and Control. In reserving land for open space in large subdivisions, the local planning authority will give consideration to PROCLAMATIONS. RULES AND REGULATIONS [JUNE 21. 2013 flHH SCHEDULE. contd. the provision of larger parcel on which playfields can be located rather than several small ones which can only be used for passiYe recreational purposes. A mixture of both may be acceptable. depending on the circumstances. The local planning authority is concerned that land is not merely subdivided for sale of lots only but that development takes place and communities are formed. In dealing with very large subdivisions regard will be had to the pace of development and the number of undeveloped lots in the general area and their rate of absorption. This will be necessary to ensure that development is promoted and the subdivision is not premature. PolicyGD27 The local panning authority will assess new subdivision applications based on needs in the area and where necessary will impose a program of phasing and seeding to encourage development. Large scale housing needs in rural Trelawny is confined to the northern section where the sugar plantation exists. It is obligatory on the estate to provide workers housing. In such circumstances these may have to be built outside of growth centers where this is being done required utilities and amenities should be provided by the developer where the demand is for workers in other industries then such housing should be located in Growth Centers. Policy GD28 Large scale urban type subdivision outside of growth centers will not be considered unless they are required to satisfy special housing needs in which case all utility services and amenities required will be provided by the developer. A high quality oflayout and design is expected and can be achieved in developments that have a wide range of densities. Very low densities can result in the wasteful use of land in urban areas, while high densities can generate more traffic than the system can accommodate, reduce the amount of open space to be provided and adversely affect the amenities of adjoining properties. Residential densities will be used to control the amount of development that takes place to ensure that the best use of the land is achieved. PolicyGD29 Site development standards including density, plot coverage and other requirements will be used in accordance with Appendix 12 to guide the types of development that can take place within an area. Roads provide the basic framework around which new neighbourhoods are developed. They establish the neighbourhoods structure and have a major influence JUNE 21, 2013) PROCLAMATIONS, RULES AND REGULATIONS FIFTH SCHEDULE, contd. on the visual and functional character of emerging communities. Alt subdivisions must be connected to an existing network in accordance with Appendix 8. traffic generation and its impact on the road system will be taken into account when new development proposals are being considered. Importance will also be given to safety and environmental factors at all times. Policy GD 30 All new development road networks will be required to be designed in accordance with the Road Schedule Guidelines in Appendix 8 to provide satisfactory vehicular entrance/exit crossover and appropriate circulation within the site. Usually commercial development and to a limited extent office use takes place within recognized shopping areas. It is generally convenient for both shoppers and traders in this way and the land use proposals map reflect areas for such uses. Planning control aims to steer new shops to these areas having regard to the shopping needs of the population. In large developments however. shops will be needed single. as part of a residential unit or as shopping centers to serve neighbourhood needs. Irrespective of the type and size of the facility they will require careful location and planning in relation to other developments. Policy GD31 In the design and location of shopping facilities access and circulation with regards to the existing road network will be controlled in order to facilitate proper functioning of the facility and protect adjacent residential properties. Parking is an integral part of the overall Transport Policy and the requirements. standards and design criteria set out in the appendix for all categories ofbuildings is to ensure that an adequate amount is provided for each development. The spaces should be located within the building line on the premises that it is intended to serve in such a manner that it will not be injurious to the amenities of adjoining premises. They should be landscaped. especially in commercial areas as shovm in Figure 5. The bays should be practical shapes that allow for the maneuvering of vehicles. Policy GD 32 The provision of car parking will be in accordance with the requirements indicated in Appendix 9 to ensure adequate provisions of off street parking spaces. The standards and parking bays shall be provided in accordance with guidelines in Appendix 11 and no development will be approved that is not in conformity except in extraordinary circumstances. Shop fronts are important visual elements in a commercial area and can contribute significantly to its attractive quality if designed properly. Traditional shop fronts are usually based on classical architectural features adapted to the needs of the business 350B134 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. place. In the case of modem shop fronts the design should be creative and innovative, enhancing the buildings and their location. They should not obscure or damage the existing architectural features nor detract from the property. New shops should be adjacent to those already existing rather than being isolated. Policy 0D33 Policy 0D34 Policy 0D35 The local planning authority will ensure that the provision of shop fronts is of high standard design and appearance and relate to the architectural characteristics of the area or buildings of which they fonn a part. Wherever possible new shops should be located adjacent to those already existing so that they can provide greater convenience to customers rather than being isolated. New shop frontage to roadways will be encouraged to have continuous facades with matching canopies. Where the building is two or more floors high, the first floor is to be at the same height throughout its length where this is possible. In some cases shops will be located aqjacent to residential buildings or have residential buildings located on the top floor irrespective of the situation the commercial building should reflect the nature and character of a residential unit. However, the commercial entity should be identifiable. Policy GD36 Where shops are designed as part of or attached to a residential building they should maintain the character of the host building and while being identifiable it should not be overbearing. New developments may take the form of infill which is the replacement of individual buildings in a housing development or the construction of buildings on vacant lots within a partially developed subdivision. Lots should be closely related to its surroundings and should be such that it enhances the appearance and character of such areas. The density should be such that it protects the surrounding amenities as well as that of the new development. Policy GD 37 Infill developments will be allowed on vacant lots within areas of residential subdivision where appropriate at a density not significantly higher than that existing. The form and design of the new development should normally be disciplined by the existing buildings and overall scale of the area and have regard to the form and materials of adjoining buildings. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS FIFTH SCHEDULE, contd. Developments which impinge on local views will not he acceptable by the local planning authority. The design of such buildings should always take COb'Tlizance of the surrounding areas and have regard to the amenities being enjoyed by others. Policy GD38 The local planning authority will normally refuse permission for any development which will have a detrimental effect on views being enjoyed by occupiers of buildings whether or not they area located in close proximity. All new developments are to be of high standard of design and appropriate in its context, and should be easily accessible by the disabled and those with special needs such as the elderly and people with young children, so that members of particular sections of the community are not disadvantaged. Planting and landscaping should be regarded as an integral part of such developments with space provided for large indigenous tree species where necessary. The amenities provided should be such that they can be made use of without any hindrance by both normal disabled persons. Policy GD39 Policy GD40 Policy GD41 The design of new buildings and other areas to which the general public will have access will normally be required to take the needs of the disabled and special needs people into account or they will not be supported by the local planning authority. All proposals for development are required to be of a high standard of design, have a satisfactory means of access, adequate car parking (see Appendix 9), provide a high standard of landscaping where appropriate and avoid conflict with adjoining uses. The local planning authority will seek the inclusion of sub surface ducting in housing development of30 dwellings or more or in commercial development (shopping centers) to enable the provision of underground telecommunication cabling to take place within the scheme. There are certain establishments which are required to provide sanitary facilities for their patrons. Such requirements will be in addition to that provided for employees. The facilities should be maintained in a clean condition and accessible by the public during business hours. The design should be such that they can accommodate the handicapped. Policy GD 42 All new shopping centers, hotels and other business used by the general p qblic should have public sanitary convenience for both the able and disabled in accordance with the standards set out in the Development and / 350B136 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. Investment Manual, Volume, Section I-Chapter 2 prepared by the National Environment and Planning Agency 2005. In designing new development public areas should be such that they look and feel safe to users. A number of measures can be taken in this regard and also in assisting in the reduction of the occurrence of vandalism. Property lighting and elimination of concealed places are two such factors that could be applied. Policy GD43 When considering proposals for new development and changes of use the local planning authority will take into consideration the need for pub lie safety and the prevention of vandalism and crime. It is important that full regard be had for other safety measures especially in terms of fire and other disasters. The provision of fire hydrants and adequate water supplies in fire fighting is a matter to be dealt with by developers and the authorities. The local planning authority will take this into consideration in dealing with applications. Policy GD44 In dealing with new applications or proposals for change of use the local planning authority will take into consideration the need for appropriate provisions to meet the requirements of the Fire Department. Activ~ties or sources of pollution of the environment such as noise, air etc. will have to be dealt with by the authorities. They have to be assessed when dealing with applications to ensure that they do not impact severely on the environment. The necessary consultation will be had with the relevant agencies in this regard. PolicyGD45 When considering proposals for new development which involves the possibility of pollution or other forms of hazards the local planning authority will take account of their location in relation to other developments. Adequate provision is to be made in all new developments for waste storage and collection. Inadequately or badly located storage facilities can affect the amenity of neighbouring property and sometimes result in health and safety problems. Such waste areas should be screened to prevent tampering. Policy GD 46 All new developments will be required to make provision for the storage and collection of solid waste in such a manner that it is not environmentally unfriendly. Strategic gaps are intended to prevent the coalescence of existing growth centers. By doing so this allows each to have individual and identifiable character which should be retained. Policies in rural areas will also apply to strategic gaps. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B137 Policy GD 47 FIFTH SCHEDULE, contd. Strategic gaps will be maintained and only in compelling circumstances will development be permitted to take place within these areas or will the areas be removed. Rural area policies are supposed to apply outside of growth center boundaries. However, within these areas are scattered settlements relating to agriculture giving the impression of built up areas. Sooner or later a request will be made for subdivision or the extension building in these locations. These will be carefully considered as approval could set the precedence for other proposals destroying the character and appearance of the countryside. Policy GD48 Proposals for new development or extension outside the defined boundaries of the growth centers will only be permitted if the proposal is essentially rural in character and scale and would not alter the appearance of the surrounding areas. Storm water run-off from building sites onto roadways can cause interruption of the movement of pedestrian and motor vehicles. Owners of properties, especially along major thoroughfares should ensure that surface water is intercepted and disposed of before it reaches the roadway. Policy GD49 Developments shall require disposing of storm water run­ off from roofs and properties on their own property or under the side walk. No permission will be given for such storm water run-off to be disposed of onto the surface of the side walk or roadway. One of the problems on a development site is the amount of dust created during the construction period. This can be a nuisance to the people living and working in the area as well as the motorists and pedestrians who have to traverse roadways adjoining or near to such sites. Abatement measures should be undertaken to ensure that the levels are tolerable at all times. Policy GD50 During the construction stage of a development all possible source of fugitive dust generation should be sprinkled to avoid the dispersion of dust to surrounding areas. Trucks transporting construction materials are to be covered. In some areas it may be appropriate to have a mix of development. As long as the uses are compatible and will not create undue hardship to their neighbour the planning authority will give consideration to such proposals. Policy GD 51 Mixed use development of residential and commercial or institutional purposes may be allowed in areas zoned 3508138 PROCLAMATIONS, RULES AND REGULATIONS [JlJNE 21, 2013 FIITH SCHEDULE. contd. for commercial activities. The total amount of development shall not exceed that permitted for commercial development. NEW SETTLEMENTS A number of Towns have been identified in this document as Growth Centres based upon the guidelines provided by the National Physical Plan. These ha\'.e been targeted for growth and development and will be directed to them. However, where there is a real need for development in terms of a village to grow to allow people to remain in it or to facilitate a special type of development. consideration could be given to the proposal. Care will be taken to ensure that such proposals are established in accordance with the policies indicated in this order and that the unique· qualities of the rural environment are not threatened by future development pressure in anyway which would degrade it. Policy GD 52 Policy GD53 The local planning authority will give due consideration to the establishment of new settlements where these are being established to ,fill special needs in the rural areas and will not in any way destroy the unique qualities of the environment. All proposals for new settlements should include the necessary social amenities and physical infrastructure and facilities needed for the residents. New Settlements should not be dependent on existing Parish Council's roads for direct access to buildings but should have their own independent service road system. These should be connected to other roads in the hierarchical system to provide access to outside linkages (see Appendix 8). Policy GD 54 All new settlements should be served by its own system of roadways with access onto a main thoroughfare through which transportation links can be made witil other areas of the parish. Generally it is expected that roads and amenities in new settlements will conform with the requirements and guidelines set out in this Order. This is important to ensure that proper development standards are met so that the residents can live in a healthy environment. Policy GD 55 The subdivision oflands for new settlements will be guided by the relevant General and Housing Policies and the other guidelines and requirements in the Appendices. There are several well established villages scattered through out the parish which either because they are too small or too isolated cannot be considered as growth JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508139 FIFTH SCHEDULE, contd. centers. Some of these may be located in areas which do not have any specific land use proposals or are shown as white areas on the land use proposals map, while others may be outside. Where this situation occurs, whether in villages or growth areas, they are intended to accommodate future residential developments. However, such lands should be kept in their existing use or be used for agriculture until required for development. This would however, be dependent upon the various services and amenities being available. Policy GD 56 Planning permission for all new housing development will normally be granted if satisfactory provision has been made for access to appropriate local facilities and services to meet the needs of the likely resident population. If 'satisfactory provision for access to existing facilities and services cannot be achieved or if this additional use would give rise to problems for the local community a new housing development may be required to make additional provision within or in association with the existing development. THE UNDEVELOPED COAST The Trelawny coast is approximately 38.5km long starting at Long Bay at the border with St. James and ending at the Rio Bueno River in Rio Bueno, the border with St. Ann. The undeveloped sections exist between Long Bay and Salt Marsh, Salt Marsh and Half Moon Bay, Burwood and Silver Sands, Silver Sands and Rio Bueno. It is varied in its topography including mangrove swamps, cliffs and coastal lowlands, with each having its own special qualities as a recreational source. Not much development activity took place on the coast generally in the l 960's although there was a coastal order to guide any proposals that were conceived. With the thrust into tourism related projects there are now plans to establish hotels and resorts in most of these undeveloped areas. The area referred to is the limit of low water mark in the seaward direction and the extent of maritime influences and human related activities on the inland side. If the northern limits of development on the seaward side of the north coast highway are taken to include those areas directly related to the coastline and is used as a guide, in some places the coastal zone may be very narrow such as the Salt Marsh area and in others very deep such as at Harmony Hall. The undeveloped coast has some areas earmarked for bathing and fishing beaches but these have not been fully developed. The same applies to coastal areas which have been developed or partly developed. Policy UCl Development proposals for the undeveloped coast will generally be considered acceptable where it can be demonstrated that no other suitable site exists elsewhere along the developed coast and the social and economic 350B140 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 Policy UC 2 FIFfH SCHEDULE, contd. benefits of the proposal outweigh the potential detrimental' impact on the undeveloped coastal environment. Proposals on the undeveloped coast will be acceptable where the development makes use of an existing unique feature of the coastline and the facility together with associated access and car parking etc. can be accommodated in the local landscape without any serious impairment to the amenity of the area. Regard will be paid to the visual and physical impact of coastal development, particularly on the undeveloped coast. Where development is approved, conditions will be imposed to minimize any adverse impact on the environment. Policy UC3 Where the local planning authority grants permission for development on the undeveloped coast, it will ensure that the design is of a high standard and that important views of the sea are kept free from development. Trelawny's undeveloped coast is very scenic and of great significance to the parish. It consists of some 14.5km of beaches ideal for resort and local use and most of which is undeveloped. Development proposals will however, be assessed for their impact on the undeveloped coast and refused if considered to be detrimental to the character of the area in which they are to be located. Policy UC 4 Development will not be permitted if it materially detracts from the unspoilt scenic quality or scientific value of the undeveloped coast. Certain developments such as energy generation, tourism, agriculture and recreational projects require a coastal location. The need for such proposal will be carefully assessed and potential effects on the environment and the local economy determined. Policy UC 5 Proposals for energy, tourism, agriculture and recreational activities will be supported where the development is of such national importance as to outweigh any potential detrimental impact on the coastal environment. Areas such as sections of Salt Marsh are very flat and subject to coastal flooding from sea surges. Development will not be permitted in such areas or others that are known to be at serious risk from flooding, coastal erosion or land instability. Where expensive engineering works will be required to protect the land from natural disasters permission will not be given for any development. JUNE 21, 2013) PROCLAMATIONS, RULES AND REGULATIONS 350B141 Policy UC 6 Policy UC 7 FIFTH SCHEDULE, contd. Permission will not be granted for development in areas of the undeveloped coast that are subject to flooding from storm surges or other means or where it is going to be costly to prepare such areas for development. The local planning authority will endeavour at all times to conserve the natural character and landscape of the undeveloped coast which is prone to natural disaster. A considerable amount of Trelawny's coast falls in the urban fence of Growth centres. Most of this area has not been developed for any specific purpose. Except for the hotels in Falmouth, the resort area at Silver Sands which is in the Duncans Growth Centre boundary, the hotel at Braco and the port at Rio Bueno the remainder of the coastline is undeveloped. However there are several proposals for large scale resorts in these areas in the near future. Policy UC8 Policy UC 9 Only developments which are appropriate to an urban coastal area will be allowed such as tourism or recreational activities and there will be a presumption against inappropriate developments. The local planning authority will protect from development those parts of the coast within urban areas which are important in terms of their amenity or nature value. There has been great concern in the island regarding access to coastal areas which would be highlighted in Trelawny because of the extent of its coast. This is due to the fact that a lot of Jamaicans have not been able to gain access to the coast to enjoy the natural beauty and amenities that exist. It is therefore essential that public access be available at all times. In considering applications the retention of existing access points and proposals for new ones will be of great importance by the local planning authority. Any proposals to close existing ones will not be supported unless an alternative is provided. Policy UC 10 Policy UC 11 Development proposals which provide or extend public access to the coastline will be supported by the local planning authority. Proposals from public or private organizations to provide or extend access to the coastline will normally be permitted as long as the proposal would not adversely affect any area of geological or landscape value or man-made heritage. 350B142 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. The natural beauty of the Trelawny Coast outside of the urban fences lends itself to a variety of developmental activities for recreational and other tourism facilities such as hotels, guest houses, resort cottages, golf courses etc. These are valuable sources of employment to large sections of the population in and outside of the parish. Great care has to be exercised however, that the visual quality of the area is not affected and the tranquility of the coast is not lost. In dealing with applications in such situations the local planning authority will examine the advantages and disadvantages before arriving at a decision. If the development is of national or local importance to the tourism industry possibilities are that it will be supported. Policy UC 12 Policy UC 13 Policy UC 14 Policy UC 15 Permission will normally be granted for resort and other tourism related activities where it can be satisfactorily integrated into the coastal environment and where it includes proper standards of siting, design and landscaping of any built development. Favourably consideration will be given to low intensity low rise development along the coast where they will not lead to unacceptable impairment of the amenity of the area or block the views of the coast in its entirety from the highway or other view points. All coastal development is to be set back from the high water mark in accordance with the guidelines in Figure 4. Development along the undeveloped coastline should not exceed a density of 50 habitable rooms per hectare with a ground cover of 20% and a height of three (3) floors. Although Falmouth was once a shipping port it no longer enjoys such facility which had its demise with the decline in sugar. With the exception of the shipping pier at Rio Bueno there are no marinas or jetties in the parish. With the new developments that are planned to come on stream, it may be necessary for such a facility to be put in place. This could be an attraction to short and long term visitors if established in the right location and could probably lead to the regeneration of dormant waterfronts. However because of their environmental impact they would only be tolerated in urban areas or large scale "planned development". Policy UC 16 Proposals for the creation of marinas and jetties will be given favourable consideration provided they are in an urban area or a "planned development" and are of a scale and design appropriate to their onshore location; JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B143 FIFTH SCHEDULE, contd. Possibilities are that water sporting activities may become popular along the coastal area and facilities on land may be needed to accommodate the boats. Along with visitors' boats, space may be needed to moor those owned locally. Location for this facility will be treated on its merit when permission is sought but should not conflict with the amenities or the environment in the proposed area. Policy UC 17 Proposals for boat moorings, areas for boat parking on land and associated facilities will normally be permitted as long as there will be no pollution problem or no serious adverse impact on the environment. The port at Rio Bueno has limited land on which storage related to the facility can be accommodated. Land adjoining the complex which is now being reclaimed and is suitable for this purpose will be reserved for port use. Unrelated activities will not be tolerated in the area. Policy UC 18 The development ofland adjoining the port at Rio Bueno will be supported for sea port warehousing activities and permission will not be granted for any other development except for a temporary period only. Lands at Braco which was used for the cultivation of sugar cane is no longer in production. Any development proposals for the area should recognize its existence and retain it for agricultural purposes especially since it has irrigation water. Policy UC 19 Agricultural lands along the coast should be preserved for this purpose and the local planning authority will be reluctant to support its use for other purposes. The Trelawny coast consists of several mangroves, swamps, and coastal lowlands and care will be taken to protect them for their environmental value. Developments will be assessed for their impact on the mangroves and will not be supported if detrimental to the area. No large scale removal of mangroves will be allowed especially along the coast and where in exceptional circumstances this occurs, to prevent any net loss an equal amount will have to be planted to replace it. Policy UC 20 Policy UC 21 No development will be allowed in areas which would adversely affect the integrity and existence of mangroves or other swamp areas, except under extreme circumstances. Where any removal or destruction of mangroves occurs on a property, to prevent any net loss an equal amount shall be planted by the developer or owner to replace what is lost. 3508144 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. RURAL AREA POLICIES In a landscape of hills and valleys and undulating topography with knolls such as that which dominates the southern and northern sections of the parish the agricultural potential has to be examined in connection with the rural economy. Proposals which would bring about the loss of agricultural land will not be supported unless it can be demonstrated that there is a particular need for the development and that there is no alternative site of a lower grade land available and that it would not result in the fragmentation of a farm holding threatening its continual viability. Policy RAP 1 Proposals for the development including change of use of good agricultural lands will only be permitted in exceptional circumstances. Proposals involving land of moderate or poor quality will be permitted unless the cessation of agricultural use would prejudice the viability oflocal farms. Lands of high agricultural quality needs long term protection to safeguard food supply not only for the parish but national consumption and export. Areas which are significant for agricultural purposes will have priority over all other interest except areas of nature conservation interest and high landscape value. PolicyRAP2 PolicyRAP3 The local planning authority will give long term protection to areas of special significance for agriculture over other planning consideration except in those areas of nature conservation and high landscape value. There will be a presumption against development which diminishes the amount of productive agricultural land within the area of special significance for agriculture. Development which will cause a loss of productive agricultural land or reduce the viability of farm buildings will not be permitted unless it can be demonstrated that the need for the development overrides agricultural considerations and no alternative site on non agricultural land is available. There is a need for the diversification of farm businesses especially in the reuse of redundant rural buildings. This however has to be balanced against the need to conserve the character of the rural area. There is also the need to ensure sufficient economic flexibility in the rural area to support farm businesses and maintain the viability of village services. Business uses, guest houses and other suitable holiday accommodations will be restricted to extensions and small scale developments on existing sites such as redundant farm buildings. PolicyRAP4 New recreation, educational and tourist related businesses in rural areas will normally be acceptable within redundant farm and institutional buildings provided that the change of use would conserve its character, appearance, fabric and setting and would not be detrimental to the character of the countryside. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B145 Policy RAP 5 PolicyRAP6 FIFI'H SCHEDULE, contd. Extensions to existing buildings in the countryside to accommodate guest houses, bed and breakfast and self catering accommodation will normally be acceptable provided that access is suitable and the proposal can be implemented with no adverse effect on the character of the building and its locality. Development related to the agricultural industry, but not part of a farm businesses which will be intrusive in the countryside by reasons of scale and character will only be permitted if it can be shown that the site chosen is the best available and the design and landscape treatment are of a high standard. Proposals for the change of use of agricultural buildings will need to be supported that the buildings will not become redundant i.e. incapable of reasonably fulfilling an agricultural or other permitted use, if the only acceptable way of retaining the building is by conversion to residential use this will be supported. However commercial activity which does not require substantial alterations to the building will normally be given preference over residential proposals. Planning applications should be sufficiently detailed to ensure that the impact of can be accurately assed and the building therefore protected. Where there is a real need for a limited number of new houses in a village to help local people to remain there it should be possible to meet such needs. Limited house building will however occur as a result of permission on unidentified sites. The process should be accretionary and should not result in suburban type housing developments being erected all over the rural area. Policy RAP? Residential development will be allowed in the built up area in some villages. It should be small scale and should avoid the appearance of a housing estate. Any residential development in villages should respect the village environment using local material as far as possible. The erection of a dwelling in the countryside for someone who needs to live there may occasionally be necessary. However as a general rule very little residential development should take place outside the built up area of growth centres. PolicyRAP8 Residential development outside the growth centres will be strictly controlled and permission will not normally be given for "rounding off" the extension of isolated groups of houses or consolidating linear or sporadic development. Housing development is to be allowed in rural areas as part of agreement with sugar workers. Such developments should be located in growth centres or as near to them as possible. They should not however be located in good agricultural land or in conservation areas. PolicyRAP9 The local planning authority will support the establishment of a housing development in the rural area to satisfy the need of 350B146 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. sugar worker as long as it is not located on good agricultural land or in a conservation area. Conserving the productive land resources of the parish implies helping to maintain a prosperous farming industry and rural area. Planning policies can impinge on farming with disastrous effect. The decision on whether land is to be taken out of agriculture . will not alter its importance. It is the result of such actions in agricultural production that will have to be considered. Policy RAP 10 The local planning authority will attach major importance to the need to safeguard agricultural production in all their decisions concerned with development in the countryside and refuse planning permission for or otherwise oppose changes of use or development involving the subdivision of agricultural land into unproductive units. The erection of almost any building prejudices the use of the land for agriculture as material is left in the ground even if the superstructure is removed. Some types of agriculture involve intensive development requiring large buildings. The siting of these requires particular care to ensure there is no adverse effect on agricultural land and farming. Policy RAP 11 Any development in the countryside (including agriculture for which permission is needed) will be required to be sited and designed in such a way that any adverse impact on farming, the landscape, archeological sites, historic features, mineral extraction or on public enjoyment of the countryside is kept to a minimum. Some uses do not rely on the quality of agricultural land and are not necessarily related to the efficient and effective operation of the agricultural holding. They will not be treated any differently from any other forms of development. This is especially so where they could lead to the division of a farm unit and jeopardize the remaining agricultural land. Policy RAP 12 Agricultural or horticultural development which are not dependent on the agricultural capability of land will only be permitted if there is no conflict with other countryside resources and if it will not jeopardize the long term availability of good quality agricultural land. Some agricultural activities do not require planning permission as they are exempted under permitted development, others do and it is important as far as possible that these are sited and designed to prevent conflicts with other countryside interests. Policy RAP 13 Development essential to agricultural production will normally be permitted in the rural area provided that there is no conflict JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B147 FIFTH SCHEDULE, contd. with other countryside resource and no adverse impact on the appearance of the surrounding areas. It is not unusual for an area to appear as if it is developed because of the number of buildings located near to each other. This sometimes results in pressure being applied for additional development in these locations. In such situations the application will have to be assessed against the character and appearance of the rural area and the impact of such development on the environment. The setting of precedents will also have to be considered as this could lead to uncontrolled development of the area. Policy RAP 14 Proposals for new residential development outside of growth centres and villages will be permitted only if it's rural in character and will not conflict with the appearance of the area in which it is to be located. In some rural communities residents may find it difficult to use services in the built up areas such as child care facilities because of the distance from their homes. They would benefit from small scale facilities located nearer to their residences. These should however be located near to or within existing villages where access is readily available by walking or other modes of transportation. Policy RAP 15 Permission will be granted for the establishment of small scale social facilities to meet community needs outside of growth centres. At times people are desirous of constructing new homes in isolated sections of the rural areas. This acts as a catalyst for the development of other residents setting of a chain reaction and ending in a new village without any form of infrastructure. Where this is a one off situation such as the need for a worker to live permanently or near his place of work or the owner wishes to live on his farm will require justification for planning permission to be granted. In all situations the economic viability of the farm will be paramount in assessing the application. Policy RAP 16 Agriculture dwellings will not be allowed in isolated areas except where it is necessary that a farm worker or the owner be accommodated on the holding and where it is an economical viable farming unit. The cockpit country in Trelawny is an area that is to be protected because of its geological and environmental sensitivity. Unfortunately the vegetation is being destroyed to provide yam stick for farmers in South Trelawny. The local planning authority will ensure that its woodlands, wildlife and natural beauty is conserved and preserved. Policy RAP 17 Protection will be given to areas of woodland and trees especially those in conservation areas in rural sections of the parish such as the cockpit country. 350B148 PROCLAMATIONS, RULES AND REGULATIONS [JlJNE 21, 2013 FIFTH SCHEDULE, contd. Recreational and leisure activities sometimes need land ranging from small areas for playfield to intensive areas for golf courses. These should not only be compatible with the area in which they are located, but should provide and consolidate the strategic gap between towns. Policy RAP 18 Policy RAP 19 Proposals for recreational development in rural areas will normally be permitted if it does not seriously intrude into the character and appearance of the surrounding area or conflict with agriculture and other important rural area interests including the amenity of nearby housing. Consideration will be given to planning applications that will require large tracts ofland especially in rural areas for recreational use such as golf courses where: (i) the development will not result in the appreciable loss of good agricultural lands. (ii) the proposal would not have an adverse impact on areas designated for conservation and other environmental purposes. (iii) the proposal would not have an adverse impact on historic buildings. (iv) roads in the vicinity are adequate to carry an increase traffic flow. (See also Policy SP TO 9) The agricultural success of the farmers in the rural areas will depend on the extent to which they can sell their produce. At the moment there is no central location for them in south Trelawny to take their produce. It is brought in from the fields and stored by the roadside until it is disposed of either through purchase by hagglers or persons in the export business. A better way of distribution would be through the establishment of shops in strategic locations especially where they are near to settlements. This would facilitate the sale of all agricultural produce. Policy RAP 20 Pennission will normally be granted for farm shops where these are proven to be necessary for the sale and distribution of produce oflocal farmers. The vegetation of southern Trelawny is mostly yam bush interspersed with clusters ofbamboo, scattered throughout the country side. The same could be said for northern Trelawny except that the hillocks in the sugar cane fields are vegetated. Where vegetation has regenerated or exists it should be protected for its ecological value. PolicyRAP21 In considering proposals for development or for tree felling in the rural area existing trees and woodlands will wherever JUNE 21,2013) PROCLAMATIONS, RULES AND REGULATIONS 3508149 FIFTH SCHEDULE, contd. practicable be conserved where they contribute significantly to the wildlife, the landscape or the appearance of the locality. Many non commercial activities are located within the rural areas outside of growth centres. Occasionally the owners may wish to change their use or redevelop them for other purposes. Any such proposal must respect the open nature of the areas in which they are located. Policy RAP 22 Proposals for the alteration or change of use of existing commercial buildings in rural areas outside of a growth centre will be permitted if the development maintains the existing landscape setting, character and original building scale. Where it is necessary to preserve buildings of historic and architectural importance or buildings with special features, these may have to be converted to other uses to achieve this goal. This would relate specifically to farm or estate houses that have been abandoned. Policy RAP 23 Policy RAP 24 The conservation of buildings of historic or architectural importance to provide accommodation for new business services will be permitted if this is necessary to preserve the life of the building. Recreational, educational and tourist related activities such as restaurants will normally be acceptable within redundant farm buildings, provided that its character and the use would not be detrimental to the rural area. Sometimes an area may appear to be developed because of the number ofbuildings existing in the location. There may be pressure to approve other buildings in the area as there would have been the feeling that this is a growth area. However this has to be viewed against the background of the character and appearance of the countryside and the potential for setting precedents. Policy RAP 25 Small scale businesses such as craft centres, souvenir shops etc. will be allowed in and adjoining the built up areas of villages and small towns where these are appropriate to the scale of the settlement and would not be detrimental to the amenity and character of the area. Mining is an important economic activity and therefore minerals have to be protected so that the resource can be exploited when needed. The parish has large quantities of aggregate stone and clays which will be worked over time for their intrinsic value. Most of these are located in the rural area where extraction if not carefully carried out can leave scars on the landscape making it unsightly and susceptible to activities such as land slippage etc. Measures will therefore have to be taken to ensure that there is minimal impact on the environment during and after extraction. 3508150 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 Policy RAP 26 Policy RAP 27 FIFTH SCHEDULE, contd. The operators of quarries or other mineral extraction activities will be required to restore the land to a condition satisfactory to the local planning authority in the shortest possible time after completion of the operation. The quarrying of land will not automatically render it as being suitable for development except in circumstances where it can be used for agricultural purposes. PETROL AND OIL FILLING STATIONS It is in the public interest that the proper siting and design of petrol and oil filling stations throughout the Parish of Trelawny be controlled. Special attention will be given to, access to, and egress from roads and the relation of these to traffic intersections, the design, appearance and location on the site ofbuildings and ancillaries, the location of the proposed site in relation to existing or proposed development and the planting and protection of grass, trees and shrubs. In addition to the policies outlined below these developments will have to adhere to the guidelines listed in the Appendix hence the section should be used in conjunction with it. PolicyPFS 1 PolicyPFS2 Filling stations will not normally be permitted close together on one side of any road unless there is similar provision on the other side sufficient to reduce traffic crossing. Where it is anticipated that a road will develop as a limited access road the siting and design of the Station should conform to the special standards for access to and egress from such roads. Policy PFS 3 The layout and design of all filling stations should be in accordance with the guidelines in Appendix 10. Petrol Stations should be established where they fulfill a need. They should not be located in isolated areas on highways where their existence depend solely on passing motorists, but in communities or commercial areas where they can add to their economic activities and provide a service. Consideration will therefore be given to their placement to ensure that there are no adverse effects on the residents, adjacent development and traffic flow. PolicyPFS4 PolicyPFS5 Permission will only be given for new stations where there will be no significant adverse effect on the amenity and environment of nearby occupiers, traffic levels on residential roads, nor risk to public safety. Developments which are not sensitively designed and integrated with surrounding areas will not be given planning permission. The hazards associated with the emission of benzene then (a known carcinogen) can be minimized by the use of vapour recovery pump. Where petrol contains benzene then mitigatory measures should be in place. JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B1~1 PolicyPFS6 PolicyPF7 FIFfH SCHEDULE, contd. "Vapour recovery pumps" should be installed in all new PFS where the petrol being dispensed contains benzene. Advertisement will be controlled in accordance with the guidelines provided in the Appendix and parking in accordance. CONTROL OF ADVERTISEMENT The display of advertisement shall be controlled in accordance with the Town and Country Planning (Control of Advertisement) Regulation, 1978. Hoardings or other similar structures used or adopted for the display of advertisements or other public notices constitute development for which planning permission shall be required. The regulations set out the general framework for the control of advertisements but the power of the local planning authority thereunder may be exercised only in the interest of amenity and public safety. Applications to display advertisement will however be assessed according to their location and siting, dominance in the street scene and where appropriate illumination, in addition to the above. Developers and other interested parties should familiarize themselves with the Regulations and the Policies herein as the local planning authority will pay due regard to them in dealing with applications. Policy CA 1 PolicyCA2 When considering proposals for the display of advertisements the local planning authority will take into consideration: (i) whether it is an appropriate location given the character and appearance of the surrounding area; (ii) the general siting, size and dominance of the proposal and its impact upon the amenity of adjacent property; (iii) all relevant road safety considerations; (iv) within conservation and heritage areas particular attention will be paid to the design, siting and illumination· of advertisements to ensure the maintenance. and enhancement of the historic character and appearance of the area. The local planning authority's decision in dealing with advertisement will be influenced by the Advertisement Regulations in the above policy and the guidelines in Appendix 19. 350B1~2 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. SECTION II- LOCAL DEVELOPMENT AREA Fal"!outh Local Planning Area Description Falmouth, the capital ofTrelawny houses the core administrative and c0mmercial functions of the parish. In 1996, the town was declared a national monument in order to best preserve the late 18th to early 19th century hi storical and architectural features which dominate the area. The boundaries of the Falmouth local planning area extend beyond the usually defined borders of the town centre to include areas such as Orange Valley in the west, Stewart's Castle in the east and Hammersmith and Irving Tower in the south. Falmouth has grown to become a vibrant area with a constantly increasing population. The rich cultural heritage, easy pace and vast economic potential of the town earned it the status of the seventh resort town of the country by the Tourism Product Development Company in 2005.This has resulted in a number of investors showing significant interest in the area and presenting development proposals, several of which have already been approved and are to be implemented soon. LOCAL PLAN FOR THE TOWN OF F ALMOUTH Transportation Due to the compact nature of the town, and the ability of pedestrians to easily move from one point to another, several locations have been used as loading areas by public passenger carriers in their attempt to maximize their passenger intake. As such major loading areas have been identified on Upper Harbour Street, Lower Parade Street, Market Street and Seaboard Street causing congestion on the roadways. In order to regulate the public transportation system, a central area has been identified to facilitate a transportation center for the town. This site is located on Wharf Street and is ideally situated as it is in close proximity to the market and the Town Center affording convenient use by both commuters and public passenger vehicles. PolicyFTl PolicyFT2 The local planning authority will seek to establish a transportation centre on the lands identified on Lower Parade Street (Wharf Street) for the purpose of facilitating the parking of public passenger vehicles and the loading and unloading of passengers, who use this service. The local planning authority will ensure that transportation routes and bays are clearly identified and marked so that the centre can operate smoothly. Public transportation centres usually have a considerable amount of vendors selling all kinds of products to commuters. Their movement at times causes increased traffic delays. In establishing a formal transportation centre the local planning authority will JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B153 FIFTH SCHEDULE, contd. ensure that the authority responsible for its operation take the necessary steps to control the number of vendors and their activities on the premises. PolicyFT3 The local planning authority will seek to ensure that the centre is provided with amenities necessary for the use and comfort of the commuters such as snack counters and toilet facilities and that vending activities are regulated. ROAD NETWORK The road network was designed based on a grid iron system that easily facilitates both vehicular and pedestrian movement throughout the town. The streets however are very narrow with no sidewalk reservation resulting in congestion when motorists park along the thoroughfare. This situation may be alleviated through traffic management schemes which will involve the conversion of two way streets into a series of one ways. PolicyFT4 PolicyFT5 PolicyFT6 The local planning authority will, in consultation with the National Works Agency or any other relevant agency, develop traffic management plans for the conversion of the roads in the town of Falmouth into a series of one way systems. Traffic management schemes will be carried out after detailed study and consultation to reduce the detrimental impact of road traffic of the social and economic environment and will include traffic and pedestrian safety measures for all user groups. Development proposals which would be likely to create or worsen unacceptable traffic conditions will not be permitted unless satisfactory mitigation measures can be provided. Due to the existing situation in the town it is necessary that there be a reduction between vehicular and pedestrian conflict. Extraneous traffic will be discouraged and through traffic will be confined to the North Coast Highway. This should assist in easing the number of vehicles on the roads in the town and make it easy for the movement of pedestrians. PolicyFT7 The local planning authority will seek the reduction and eventual elimination of through traffic entering the town and implement measures to restrain the unnecessary movement of motor vehicles in and around the town except for public transport which will be on defined routes. The construction of the North Coast Highway has greatly relieved much of the traffic passing through the town to other areas such as Montego-Bay and Ocho Rios. Though dividing the local planning area into northern and southern sections has greatly enhanced vehicular movement throughout the local planning area and the parish at large. As a safety measure those points of entrance to and exit from the highway are to be properly lit and the appropriate signs erected. 350B154 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 PolicyFT8 FIFTH SCHEDULE, contd. The local planning authority will seek to ensure that within the Falmouth local planning area, all intersections with the highway have proper lighting and road signage installed. The provision of adequate pedestrian facilities in the form of sidewalks is lacking in the town. This is due primarily to the width of the streets. In the centre of the town the problem is acute and warrants necessary action. PolicyFT9 Where possible the local planning authority will seek to ensure that adequate sidewalk facilities are placed in areas where lacking and where the safety of pedestrians is threatened. The North Coast Highway traverses the Greater Falmouth planning area and • applications for development can be expected along this roadway. No permission will be given for direct access to or egress from it and any development proposal affecting it will therefore have to be from a system of service roads. The local planning authority will be averse to such proposals which do not follow suit. PolicyFTI0 No developments along the North Coast Highway will be approved by the local planning authority unless it has its own system of service roads and meets the requirements of the general development policies in this Order dealing with Transportation. VEHICULAR PARKING Like many other regional centers, the town of Falmouth is faced with a parking problem. This is however compounded by the fact that the town consists of narrow carriageways, limited road reservations as well as almost non-existent parking facilities for commercial and other developments, making parking on the narrow streets common place. This results in the free flow of traffic being impeded and traffic snarls are frequently found in the town. A suitable, centrally located area has however been identified in the vicinity of Wharf Street and a public car park will be established here. PolicyFTll Car parking facilities shall be constructed on the lands identified on Wharf Street for the purpose ofa public car park in accordance with the guidelines in appendices 9 and 11 and Figures 3 and 5. Where on site parking is not provided, "on street" parking will be allowed only on a short term basis to permit as many use:ri, as possible to have access to business places without any parking provision. Those who intend to stay for longer periods should make use of the public car park or other parking arrangements. PolicyFT12 In commercial areas on street car parking provision will be managed to encourage the use of parking provisions close to shopping areas for short stay purposes only, while directing long stay use to the parking facilities provided on Wharf Street. JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS FIFTH SCHEDULE, contd. Notwithstanding the provision of on street parking in some situations the policy is that all new developments are to satisfy their parking needs on site. This is absolutely necessary if the movement of vehicular traffic in the town is to be smooth. Where it is not possible to do so then arrangements should be made with the local planning authority for the acquisition or reservation of space in the public car park. PolicyFT13 All new developments or extensions are. required to provide adequate on site parking for staff and customers as set out in the parking regulations, unless it is impractical or not feasible to do so in which case alternative arrangements will have to be made with the local planning authority. In most situations the public transportation system is not one on which the disabled can rely as it real! y does not make provisions for them. Since they have to move around they use their own methods of transportation, usually motor cars or small buses which can be adapted for their purpose. Adequate parking provisions should therefore be made for them, both in public car parks as well as on the street. This should conform with the guidelines in the appendices. PolicyFT14 The local planning authority shall seek the provision and implementation of parking arrangements for disabled persons which will be in accordance with Appendix 9 and Figure 2. Where a developer owns more than one parcel of land in an area and is unable to meet the parking requirements on the one being developed, the parking may be placed on the other site. However no development will be allowed on this site that would affect the parking spaces and any new development would be limited to the remainder of the site and would be required to provide its own parking. PolicyFT15 PolicyFT16 PolicyFT17 Proposals for developments which cannot provide the parking requirements on site will be allowed to do so, on property in close proximity. Only the remainder of any such property can be developed otherwise and it would have to provide additional parking for any such proposal. Where there is a proposal to develop a parcel of land to such an extent that it cannot provide the parking requirements on site and alternative arrangements cannot be made to accommodate the excess the local planning authority will not be sympathetic to such situations and treat it as a case of hardship. Only development proposals which satisfy their parking requirements will be approved except in extenuating circumstances which would not apply in this instance. New development proposals which are so dense that they cannot provide the parking requirements on site will not be supported neither will they be treated as a case of hardship by the local planning authority. 350B1S6 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. Lower Parade and Water Square are ofhistoric significance to the town ofFalmouth. They should therefore be preserved and not allowed to be destroyed by an influx of traffic. The area will be pedestrianized and motor vehicles now parking there will be removed to designated areas on minor roads. PolicyFT18 Lower Parade and Water Square within the historic zone will be pedestrianized when the museum of slavery is opened and the walking tour is implemented. Only emergency and garbage collection vehicles will be allowed in the area when this is achieved. With the development of the waterfront in the Township area to accommodate cruise ships it is necessary that parking be provided for tour buses and other vehicles that will facilitate this activity. An area has been identified for this purpose to the south east of the municipal car park and market. The development will be undertaken by private enterprises and should be landscaped to the satisfaction of the local planning authority. Any buildings that are to be constructed on the site should reflect the heritage characteristics of the town PolicyFT19 The local planning authority will support the development of parking facilities for tour buses and other tourism vehicles on the site south-east of the municipal car park and market as shown on the land use proposal map as long as there are no detrimental environmental impacts. CONSERVATION OF THE NATURAL AND BUILT ENVIRONMENT The Built Environment The town of Falmouth's architectural legacy has survived over the years thus allowing it to be officially designated as a Protected National Heritage. To preserve its heritage characteristics, architectural guidelines have been prepared for its development, titled "Development Guidelines for the Historical District ofFalmouth". This document was authored by G English, E. Robinson, V. Swaby and J. Williams, and is available from the Jamaica National Heritage Trust. As the introduction states; "The influence of modernism has presented persons with ideals that are different from our ancestors and therefore there is no cohesion toward the development ofFalmouth." It is however expected that all new developments and extensions will conform to the standards and guidelines provided in this document including the colour schemes for buildings. PolicyFCl All new developments in the Heritage area ofFalmouth should be designed so that it is in keeping with the Guidelines for Development for the Historical District ofFalmouth, prepared by the Jamaica National Heritage Trust taking into consideration surrounding developments. PolicyFC2 There is a presumption in favour of the preservation of the historic buildings and their special architectural and historic character in JUNE 21, 2013) PROCLAMATIONS, RULES AND REGULATIONS 35QBIS7 PolicyFC3 FIFfH SCHEDULE, contd. the town of Falmouth. Proposals for the alteration, use and extension of such buildings should not affect its architectural or historical character. Planning permission will not be give for any development that would damage any building which is of historic importance in Falmouth or one adjacent to such building, or which would adversely affect its setting. The document on the restoration of buildings states that the Georgian style architecture came about in England around the period 1724-1811, when the four kings nained George reigned successfu,ly. The true Georgian house was very formal and symmetrical with the front entrance centered on the front elevation. Georgian buildings in Jamaica display features that are unique to Jamaica and the Caribbean, and are often referred to as the Jamaican Vernacular Architecture. The local planning authority will therefore secure and enhance these buildings in the town to safeguard our heritage. PolicyFC4 The local planning authority will not allow any works to any buildings in the historic area ofFalmouth if it considers that such action would adversely affect the architectural or historic interest of the area until adequate consultation has been carried out with the Jamaica National Heritage Trust and they have approved the proposed development. One of the objectives of declaring Falmouth a heritage area is to prevent the demolition of its historic buildings as doing so would be destroying our heritage resources. Any proposals which would entail demolition will be examined closely to ensure its justification. Any replacement would have to be within an agreed period of time and the design would have to follow the guidelines prepared by the Jamaica National Heritage Trust for this section of the town. PolicyFC5 Applications which involve the demolition of listed buildings will not normally be considered unless it can be demonstrated that the building has no beneficial or potential use and the structure cannot be made sound. A time frame and arrangements to ensure a satisfactory replacement will have to be given to the local planning authority if the proposal is considered. It has shown that repairs, alterations and extensions which are necessary to modernize a building do irreparable damage to the architectural features of such buildings and the historic fabric of the town. From a historical perspective, it is important that the external features of Falmouth's buildings be protected. The Guidelines for Development for the town has documented examples as to how such changes are to be handled and this will be used in assessing applications within the heritage area. 3508158 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 PolicyFC6 FIFI'H SCHEDULE, contd. Any application for the alteration or extension of buildings within the Heritage Area of the town should pay attention to the desirability of preserving it and any features of special architectural or historic interest which it possesses. I • Owners of heritage buildings will be encouraged to maintain them and to restore those in dilapidated condition. Where owners are unable to do so, the local planning authority or the Jamaica National Heritage Trust will seek aid to assist them in an effort to return the buildings to their former glory and utilizing them in such a manner so as to encourage public access. Policy F C7 Where private owners of historic buildings are unable to restore or rehabilitate them in keeping with the Development Guidelines for the Historical District of Falmouth, due to a lack of financial resources and as such would seek to demolish them the local planning authority and the Jamaica National Heritage Trust will recommend that funding be sought through any recognized available means to undertake the restoration task. The successful integration of new developments with those existing will depend on the detailing of such buildings. The local planning authority will therefore not grant outline planning permission for developments within the heritage area as it cannot be sure that this will concur with the existing buildings and the guidelines provided. All applications within this area should therefore be made in full and be detailed so as to provide sufficient information for proper assessment. Policy F CS Policy F C9 Applications for planning permission in heritage areas shall be made in full, that is, with all information provided in terms of detailing of the proposals so that they can be properly assessed with regards to their suitability to the character and appearance of the area in which they are to be located. (See also Policy SP C37) Any matters regarding a proposal that is controlled under other legislation or by another authority should be dealt with whether or not it involves the local planning authority before submission of the application. The Natural Environment The mangroves and marsh lands located in the coastal regions of the Falmouth local planning area is an important nesting ground and forage for turtles. The fringing reefs located along the coastline, break waves and prevent coastal erosion. These areas should therefore be preserved in order to protect both the coastal areas as well as the protected species. JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS PolicyFCIO PolicyFCll FIFfH SCHEDULE, contd. New developments or extensions which will adversely affect the coastline or destroy the nesting ground and forage of turtles and other wildlife will not normally be allowed. Planning permission will not be granted for developments which will cause destruction of mangroves which protect the areas' coastline and which is also a habitat for a wide variety of wildlife species. According to the Greater Falmouth Development Plan prepared in December 1988 an estimated 634 hectares of land in the planning area is covered by swamps. These range from well established mangrove swamps to a more marshy type, the best example of which is exhibited in the Salt Marsh area. The Falmouth swamps are being used for aquaculture, crocodile safari and urban development resulting in several roads traversing the wetlands with barriers that could cause flooding of adjacent communities if proper drainage systems are not in place. Conversion of the swamps continues at an alarming rate with illegal dumping being undertaken particularly for residential activities thereby reducing the acreage. The local planning authority, being aware of the situation will endeavour to protect these important wetlands and other environmentally sensitive areas. Policy F Cl2 Policy F Cl3 PolicyFC14 A strip ofland immediately adjacent to the Martha Brae on either side to a depth of at least 60.6m is being reserved for conservation purposes to maintain slope stability in the scenic areas and to protect scenic views along the river and no development will be allowed in this area. An area surrounding the Falmouth Gardens sewerage plant to the west has been reserved for conservation purposes, to afford the western swamps the opportunity of continuous exchange with the sea. Further reclamation of the swamps for any purpose, except a sewage disposal system, will .not be supported until an environmental impact assessment is carried out on the entire swamp eco-system, and a proper land use map is done identifying what the various areas can be used for. Trees including mangroves are very important to the visual quality of the built up area .as well as to natural conservation and are therefore a resource worthy of preservation. The Council has the power to place Tree Preservation Orders on single trees or groups of trees which it considers important in the planning area. The local planning authority will discourage development which requires the removal of mangroves and other trees and will seek to have Tree Preservation Orders placed on them where necessary. It will also initiate planting programmes to maintain the stock of trees where this is necessary. 350B160 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 PolicyFC15 PolicyFC16 FIFTH SCHEDULE, contd. Planning permission will not be given for developments likely to result in damage to or loss of trees which make significant contributions to the character and appearance of the Greater Falmouth Development Area including the mangroves. The local planning authority will encourage the local authority to make Tree Preservation Orders where necessary to protect all trees that are of significant importance to the environment in which they exist. HOUSING The housing stock in the Falmouth local planning area is currently insufficient to meet the requirements of the area. Projections are that approximately I 03 housing units will be needed per year up to the year 20 I Oto satisfy the housing demand. The Greater Falmouth Development Plan prepared in 1998, identified several areas suitable to facilitate housing developments. The areas identified include Cave Island Pen, Florence Hall, Greenwich Park, Greenside, Orange Grove, Daniel Town and Hague. PolicyFHl PolicyFH2 PolicyFH3 PolicyFH4 Lands in the abovementioned areas will be identified for housing developments and shown on the land use proposal map for the Greater F almouth planning area. In order to satisfy low income housing demand a mixture of housing types will be allowed in large scaled developments. In dealing with application for multi-family developments the planning authority will take into consideration the guidelines provided inAppendix 12. New residential proposals and extensions must adhere to the lot coverage requirements provided and maintain the distance between buildings and property boundaries as stipulated in the Appendices of this order. Although a number of open spaces have been provided in the local planning area, there is still the need for each development to provide play areas for children of all ages. These should be well designed, equipped and accessible to the children in the neighbourhoods. Where proposals comprise single family detached and semi-detached housing units the requirements will relate to new housing in excess of I 0 units, but shall be applicable to all new town houses and ~?artment developments. PolicyFH5 PolicyFH6 In new housing developments provision for children's play areas are to be made within the open space reservation at an appropriate level of 7 .5 square meters per family dwelling and be designed and equipped to the satisfaction of the local planning authority. The location, siting and design of play space must take into account the need to provide safe access, road safety, supervision, JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS 3508161 FIFTH SCHEDULE, contd. the need to avoid nuisance to residents and should a1so take into account the needs of children of different ages and sex. In areas where residential accommodation is near to other non-residential activities there is always the possibility of encroachment by such activities into residential areas. Housing stock in other neighbourhoods is vulnerable to such a situation. The local planning authority will not tolerate such changes. PolicyFH7 PolicyFH8 PolicyFH9 There will be a particularly strong presumption against industrial and commercial uses not providing an essential service or facility being located within a residential community. Proposals for partial change of use of a residential property to a non residential use will be permitted only if the non residential activity is normally carried out in the day time and the amenity privacy and enjoyment of neighbouring dwellings is not adversely affected. Planning permission will not normally be granted for any development which would result in a net loss of residential accommodation especially to those who are not able to compete in the housing market. The use of a density range allows developers to vary the size and types of dwellings on a site according to market demand. The range however will only apply to sites larger than 0.4 hectares. Densities will take into consideration the character and interest of surrounding developments but will not be in excess of75 habitable rooms per hectare. PolicyFHl0 PolicyFHll Proposals for residential developments on large site will normally be permitted if they fall within the density range of 1 to 75 habitable rooms per hectare. In new residential development schemes amenity space should be provided as set out in Appendix 12. New residential estates should be laid out in such a way that they provide convenient access to all local facilities. The design and layout should cater for pedestrian and vehicular movement in a way that minimizes opportunities for all types of crimes. They should provide all the amenities and services, provide adequate parking and open space which constitutes modem living. PolicyFH12 New residential developments must harmonize with and respect the residential areas in which they are located and must: (a) Be well laid out in terms of car parking, access, amenities and landscaping; (b) Provide adequate open space appropriate to the development; 350B162 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. (c) Provide a residential environment which affords privacy and is safe and secure. Although the planning area is adequately provided with shopping facilities, it may be difficult for residents in housing schemes to purchase small items at times because of the distance they would have to travel to do so. For convenience shopping outlets should be provided in these developments. The type, size and location of the facility will be decided by the local planning authority. The design should however conform to the residential character of the area. PolicyFH13 Planning permission will be granted for limited commercial facilities in housing area; where it provides an essentially service to mainly the local community. URBAN ECONOMY Falmouth being the main administrative center of the parish, provides jobs in the commercial, industrial and service sectors. The implementation of approved large scaled hotel developments will also serve to provide jobs in the tourism sector and create several spin-off effects including increased commercial activity. Falmouth 's heritage renewal and the restoration of its historic sites and monuments as well as a revived interest in agricultural production to meet the needs of local areas as well as for the region, will all contribute to the economic growth of the town. PolicyFUE l PolicyFUE2 The local planning authority will ensure that all large scale commercial developments in the planning area have no adverse impacts on the site to be developed or on neighbouring sites or developments in the area for which the proposal is submitted. The employment needs of the town will be met by providing land, to accommodate the requirements of existing commercial buildings and the establishment of new ones and the extension of business premises except where these would have an adverse environmental impact or threaten the heritage of the area. Mixed uses such as situations in which residential and commercial activities adjoin each other will be encouraged. This will enable buildings to be used to their full potential and introduce life to the town, especially at nights when most activities cease operations. However where land uses are incompatible this will not be encouraged. PolicyFUE3 The local planning authority will encourage mixed use development where this is appropriate in the Greater Falmouth area, and will at all times ensure the residential amenities and areas of environmental importance are protected. Small scale commercial activities limited to the sale of craft and edible food items such as snacks in vernacular type residential buildings adjoining the central area may be permitted. This will be allowed only after assessment by the planning authority JUNE 21,2013) PROCLAMATIONS, RULES AND REGULATIONS 350B163 FIFTH SCHEDULE, contd. regarding impact on the amenities of the area. No night time activity will be supported in this regard. PolicyFUE4 Commercial activities compatible with vernacular type residential areas .may be allowed in situations where they provide a service and do not conflict with the amenities of the area. The disabled are often not taken into consideration in the design of development and therefore find it difficult to access most buildings. Sometimes when they do have access they are unable to use the facilities provided. When new developments take place especially in the town area the local planning authority will ensure that adequate provisions are made for them. Policy F UE5 Developments open to the public or used for employment or educational purposes will not be permitted unless adequate access and facilities are provided for all people with disabilities. Offices are usually placed in commercial centres or in areas zoned specifically for the purpose. New offices other than those on land designated for the purpose will be allowed if it forms part of an industrial or commercial development or where it will be ancillary to some other approved use. Where it forms part of the town centre it will not be introduced into shopping frontages where they interrupt the continuity of shopping and service uses. Policy F UE6 New offices will be allowed in zoned areas and in areas where it forms part of an existing building or complex or is ancillary to an existing use except where it would interrupt the dominant activity. Although the bu~k of the commercial land is outside the central area such as Martha Brae, Granville, Salt Marsh and Carey Park retailing makes a major contribution to the economy and vitality of the town centre. It attracts visitors and plays an important role in helping to maintain the historic and architectural buildings of interest within the heritage area. It is therefore important that this retailing function be maintained and any proposal for change will be strongly resisted by the local planning authority. Policy F UE7 The local planning authority will not normally grant planning permission to change the use of shops within the heritage area to a use not appropriate to a shop. There is a tendency for an incursion of office use into residential areas especially those that are located on large lots. Pressure for such uses will occur especially in areas where buildings adjoin town centres or principal roads. Any such proposal would have to be considered against the background of loss of usual amenities and the historical use of such activity in the area. Where unobtrusive parking areas and access arrangements can be dealt with satisfactorily, the proposal may be given due consideration. 350B164 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 PolicyFUE8 PolicyFUE9 FIFTH SCHEDULE, contd. Proposals for change of use of property in residential areas to office uses will be considered having regard to the effect of the proposal on the at,nenity of local residents and the established residential character of the surrounding area. Proposal to use part of a dwelling or a building ancillary to a dwelling for office purposes will be permitted provided that the residential use will remain the primary use of the building or property, the residential appearance is maintained and there will be no detriment to the amenity of adjacent dwellings or highway safety from the parking of vehicles or the collection or delivery of materials. Shopping provides significant employment opportunities and is central to the economic prosperity of the planning area. Growth in business, industry, and agriculture will add tremendously to this and will be encouraged. In order to meet a variety of needs for businesses and industry, lands will be identified on the land use proposal map for the purpose. PolicyFUEl0 The employment needs of the planning area will be met through the provision oflands on the land use proposals map to meet the present and future requirements of businesses and the establishment of new ones. Policy F UEl 1 The local planning authority will accommodate the extension of business premises, provided the amenity of occupiers of neighbouring properties visual amenity and highway safety are safeguarded and there would be no adverse effects. Industrial land use accounts for a sizable amount of the planning area's acreage. The bulk of the development is however outside of the Falmouth central area at Hague and Granville. These industries range from agro industries to light industries and are not hazardous by nature. Where hazardous process is being carried out the effects could be serious for workers on the premises as well as neighbours. Proposals involving hazardous industry will be given close scrutiny and will only be allowed after adequate consultation with the relevant agencies. PolicyFUE12 PolicyFUE13 Hazardous industrial process or storage facility will only be permitted in locations where they will have no adverse effects on existing properties. Development proposals for any use which would result in a significant number of people living or working in close proximity of any hazardous industry or storage site will not normally be permitted. Agriculture accounts for approximately 5 per cent of the land within the Greater Falmouth planning area and occurs mainly in the southern section in the Green Park area and near Martha Brae. Despite the decline it is still a significant economic activity. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350816~ FIFTH SCHEDULE, contd. In keeping with the government's land policy all good agricultural land (classes I-III) will be retained for agricultural uses only. Policy F UEl 4 The local planning authority will encourage agriculture on classes I-III lands as a means of employment and economic growth where they exist in the local planning area. It is reasonable to expect owners of agricultural lands within the urban fence to want to erect residencies on their properties. While this could be supported, the possibility of large scale subdivision of agricultural lands for residential purposes looms. Strict controls will be placed on any such approvals preventing future subdivision of the land. PolicyFUE15 Planning permission for residential development on agricultural lands in the planning area will be given subject to the building being occupied in connection with agriculture and there will be no further subdivision of the land for residential purposes. The Falmouth market plays a significant role in the local planning area, as it is the primary facility for the disposal of farm products from the farming areas. The market also has a very wide threshold attracting persons island-wide to both buy and sell in the renowned Wednesday market more popularly known as "Bend Down" market. Though the market is quite famous, it lacks many essential facilities and tends to be haphazard in its layout, lacks proper paving and the dust stirred up from slight breezes is a nuisance to both vendors and consumers soiling their wares. PolicyFUE16 The local planning authority will ensure that the Falmouth market is upgraded to provide the facilities required to make the market experience a more pleasurable and worthwhile one for both vendors and customers in terms oflayout of stalls, paving, shelter sanitary conveniences and adequate parking which will be provided in the municipal car park. TOURISM The Falmouth local planning area prior to 2005 had few guest rooms to accommodate its visitors as most investor interest was focused at the time on the two more popular north coast resort towns of Montego Bay and Ocho Rios. With increasing investor interest and the desire to exploit Falmouth's natural, historic and cultural resources; several proposals have been made for the Falmouth local planning areas which have been geared at increasing visitor interest in Falmouth in particular. One major tourist development proposes a total of over 4200 guest rooms. Another major initiative brought to the Falmouth area is the Trelawny Multipurpose Stadium. The stadium accommodates 25,000 people and is slated to host activities that will attract tourists. 3508166 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 FIFTH SCHEDULE, contd. Due to the large scale of the developments slated for the Falmouth region it is imperative that proper measures be implemented to ensure that the region's exploitable resources are used in a sustainable manner. PolicyFTOl Proposals for major hotels and conference facilities will normally be permitted within the planning area provided that the amenity of occupiers/ owners of adjoining land can be safeguarded, and will be subjected to Policy F UE 1. Small hotels, guest houses and villas contribute significantly to the tourism fabric within the development plan boundaries and will continue to do so. Each activity will vary in location and nature and will have to be judged on its own merit. The new proposals will therefore need to be satisfactorily located in terms of their likely effect on the highway, safety and other visual impacts. PolicyFTO2 Proposal to establish small hotels, guest houses and villas will be considered having regard to their impact on residential and visual amenity, and will be subjected to the constraints of Policy FUEI. In addition to the tourism activities taking place within the planning area, there is a plan to construct a cruise ship pier on the waterfront in Falmouth by the Port Authority. This will entail the development of waterfront facilities to support the venture. The area that will be necessary for this venture starts from in front of the parish council building and extends to lands adjoining the Martha Brae as shown on the land use proposal map. It will include a sea-side promenade and other activities to highlight the architecture and historical origins of the town. PolicyFTO3 PolicyFTO4 The local planning authority will support the provision of andllary facilities for the proposed cruise ship pier along the waterfront, provided the amenities of the area can be safeguarded and there will be no adverse impact on adjoining developments. Tourism facilities will be encouraged in the built up area to encourage visitors and to add to the economic activities. However, they should be compatible with the amenities and the interests of local residents should be safeguarded. In the local planning area development which improves or expands the range of tourist facilities will be permitted, provided that it would not be detrimental to the character and appearance of the locality and the amenities of the nearby residents. SOCIAL AMENITIES Recreation The Falmouth local planning area has three recreational facilities within or near to its area of influence, these include the newly constructed Trelawny Multipurpose Stadium, a private park owned by the Assemblies of Holiness church and the Elleston JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508167 FIFTH SCHEDULE, contd. Wakeland multi-purpose complex, which plays an integral part in community building and as such all efforts should be made to preserve their existence. Policy FSA I The conversion of any of the above mentioned recreational facilities to other uses will not generally be supported by the local planning authority, except where a suitable alternate location can be acquired for the purpose. Schools The capacity of the primary and secondary level schools in the local planning area is woefully inadequate when compared to the actual student enrolment. The number of spaces available at the primary level needs to be increased, while a new secondary level school needs to be constructed to meet the demands of the growing school population. PolicyF SA2 PolicyFSA3 The local planning authority shall seek to identify lands for the establishment of a new secondary level school, and to relieve the overcrowding situation at the William Knibb Memorial High School, and to accommodate the increasing secondary level school population. The local planning authority shall generally be in support of private interest seeking to establish educational institutions provided that they meet the requirements of this Order and the requirements specified by the Ministry of Education. Cemeteries The Falmouth local planning area is served by one major cemetery. Though it is yet to reach its capacity, steps should be taken before hand to ensure that when this occurs alternative measures are already in place. PolicyFSA4 The local planning authority shall seek to identify lands to establish a new cemetery before the Falmouth Cemetery reaches its capacity and cannot accept any more burials. Beaches The coastline within the Greater Falmouth development area is characterized by upland areas interrupted by wetland areas and a few small beaches. Illegal sand mining in the past has damaged at least one beach. This has to be prevented. There are currently five public and two private bathing beaches in the Falmouth local planning area. The public bathing beaches generally lack facilities such as changing rooms, showers lockers and restaurants or snack counters. Efforts should therefore be made to have these facilities installed to provide the added conveniences to users. 3508168 PROCLAMATIONS, RULES AND REGULATIONS (JUNE 21, 2013 FIFTH SCHEDULE, contd. As Falmouth looks further to develop itself as a major tourist destination the protection of the coast line and its environment is of paramount importance, and requires public education in this regard. PolicyFSA5 PolicyF SA6 PolicyFSA 7 The local planning authority will support any action taken to ensure that, the fishing beaches ofFalmouth have the necessary storage, selling and waste disposal facilities that will enhance and make them more attractive to customers. The local planning authority shall seek to have the relevant authority install and improve the facilities at the public bathing beaches to include changing rooms, showers, lockers and snack counters, and shall generally support any action in thjs regard pursuant to the other policies set out in this Development Order. Permission will not be granted by the local planning authority for the mining or removal of sand from the beach to aid in construction or any other related activity inside or outside of the growth centre and will support the Natural Resources Conservation Authority in this regard. There is a general concern throughout the island that many of the country's better beaches are being reserved for foreign tourists by private developers while residents are being restricted from enjoying their use. The Authority will seek to ensure that Jamaican residents are able to have access to the beaches and coastline where possible. PolicyFSA8 PolicyFSA9 Planning permission will not be granted for any development which will restrict residents from gaining access to the beaches for bathing or recreational use. All developments along the coastal area will be set back in accordance with the guidelines provided in Figure 4. Open Space Open spaces provide for a wide range of outdoor activities and is an indispensable element of the urban environment. The attractiveness, ease of access and the standard of maintenance are some of the qualitative factors to be considered in selecting open space. Children should not be overlooked in the process and by placing their play spaces within other areas it is easier to maintain and manage them. Policy FSA 10 The loss of children's play areas will not be permitted unless it is no longer required to meet demand in the area or satisfactory replacement provisions are made elsewhere. In establishing new housing developments within the town it is a requirement that land be reserved for open space and other recreational purposes. This will be in addition to any reservation required for other amenities such as schools, which the community may need. These will be provided at the rate set out in the Development and Investment Manual Volume 1 Section I-Planning and Development, Chapter 2, JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B1 '' FIFTH SCHEDULE, contd. which was prepared by the National Environment and Planning Agency, September 2005. Policy F SAi 1 In all new housing developments land is to be provided for open space and other amenity purposes at the rate set out in the Development and Investment Manual and such lands can either be for active or pa~sive recreational purposes. WASTE TREATMENT AND DISPOSAL Sewage Disposal Due to the high water level and the pressure of several sensitive environmental areas, the relevant authorities must give due consideration to a central sewage system in the town ofFalmouth. The appropriate system should be determined by feasibility studies. In the interim the pres~nt sewage treatment plant should be expanded to facilitate connection of the school, police station, fire station, infirmary and businesses on the waterfront. If the Tourism development proposed along the waterfront by the Port Authority is implemented the need for a central sewage disposal system will become even more essential. This could then be integrated into a comprehensive plan for the Town and subject to approval from the Natural Resources Conservation Authority the processing plant could be located in an area between the main road and the Martha Brae now being used for agricultural purposes. The Site comprises 25 hectares and is occupied by Tropical Exotics Ltd. PolicyFWT I PolicyFWT2 PolicyFWT 3 When the central sewerage system is implemented or the present one extended, no permission will be granted for development within the service area unless they are connected to it. Until a central sewerage system is implemented disposal will be by any means satisfactory to the health authorities and the local planning authority. The local planning authority will support the use of the area now occupied by Tropical Exotics Ltd. for a central sewage disposal site. The disposal of solid waste is a problem especially in the town as there is a tendency for people to throw it into the drains. This result in the drains being blocked frequently resulting in an overflow onto the streets. The garbage is also washed out to sea and is carried back on shore by the tide. Appropriate measures will be put in place to cope with this situation. PolicyFWT4 Owners of buildings a.i:e expected to have proper garbage disposal facilities on their premises and the local planning authority will encourage the relevant Authority to have some large garbage skips placed in public areas as a repository. 3508170 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 PolicyFWT5 FIFTH SCHEDULE, contd. Planning permission will not be given for waste disposal operations likely to have an adverse effect on public health and safety. ADVERTISEMENT REGULATION Advertisements are vital to business and important in publishing information. Although guidelines are set by the regulations as to the size, permission etc. their location and appearance in an area have to be addressed. The local planning authority has a responsibility to protect heritage buildings in Falmouth and will ensure that the character and. appearance of the area is enhanced. Advertisements inappropriately placed can have a detrimental effect not only the building but the area as well. PolicyFCAI Advertisements which affect historical buildings must respect the character of the building and be compatible with the area architectural features. In commercial centres and in the historic area the local planning authority will use its powers flexibly whilst having regard to the particular need to ensure that advertising displays on frontages and street furniture do not detract from the character and appearance of their historical and architectural features. Signs should be guided by the contents of Appendix 12 and the following Policies. PolicyFCA2 PolicyFCA3 PolicyFCA4 Signs and advertisement must be well designed and sensitively located within the street scene. When considering advertisement in other location the local planning authority will have regard to the circumstances of each case and the interest of amenities and public safety. Signs on shop fronts in the area should not be placed above the ground floor level of the building whether or not commercial building exists there. No signs should be displayed on the building above normal fascia level. Outside of the heritage area signs will only be permitted in areas where they do not detract users of the highway and do not cluster an area detracting from the activities. • DUNCANS LOCAL PLANNING AREA Description The Duncans Local Planning Area as described in the first schedule hereto extends from Harmony Hall in the East to Stewart Castle in the West and includes areas such as Kettering, Carey Park and Windsor. The town was named after a Patrick Duncans who owned the property from 1784. Its is also home to a national monument the Georgian Clock Tower that is situated in the centre· of the town square. Due to its relationship with Silver Sands it attracts visitors to the resort who support its commercial facilities especially the restaurants. JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS 3508171 FIFTH SCHEDULE, contd. The town possesses most or all of the major requirements for a growth centre, such as post office, police station, health centre, cemetery, churches and commercial facilities. In 1991 the Duncans Local Planning Area had a population of 1,266. In 2001 the population increased to 2,132 which represented an increase of 68%. This was due mainly to a number of new residential units being constructed in the area. The purpose of it being a planning area in this development order is to ensure that provisions are made for the orderly and progressive development of the town so that the residents can enjoy sustainable econ01nic growth and a pleasant living environment with access to the necessary social facilities and amenities. TRANSPORTATION Public Transportation Centre The main modes of public transportation in Duncans are by taxis and minibuses. Presently there is no facility to accommodate public transportation in Duncans. The buses and taxis that ply the various routes throughout the area use either the car park beside Chen's Supermarket located along the main road which is a private property or the sidewalk of the Duncans to Clarks Town Secondary Road to park; pick up and let down passengers. This is an unsatisfactory situation as they obstruct the free flow of traffic and make it dangerous for other vehicles using this section of the road. It is necessary that parking provisions be made for them which would improve the situation and make it safer for all road users including pedestrians. Policy DU T 1 The Local Planning Authority will seek to identify lands within Duncans township area that can be used for the construction of a public transportation centre and will encourage the relevant authority to have it operational in the shortest possible time.On completion all public passenger vehicles will be expected to operate from this point. There is no set time period within which the public transportation centre will be constructed to accommodate vehicles. In the mean time short term measure needs to be adopted to relieve the situation. This could be achieved in the form oflay bys and traffic management. These should be constructed on both sides of the road to facilitate traffic going in all three directions from the town. Policy DU T 2 The Local Planning Authority will seek to have the relevant authority construct lay bys in the town to accommodate public passenger vehicles. Vehicle Parking The establishments within Duncans have provided adequate on site parking for their customers. The recently completed North Coast Highway bypasses the town to 350B172 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 FIFTH SCHEDULE, contd. the North and this has led to a reduction of vehicular traffic that usually passes through the town on their way to Montego Bay from Ocha Rios. This has also lessened the need for public parking which is usually short term and can be accommodated on the street through proper traffic management. In the long term the growth of the town may however warrant the provision of a public car park which would have to be controlled. • PolicyDUT3 PolicyDUT4 The provision of public on street and public off street car parking spaces will be controlled to ensure that the number and the intensity of their use are compatible with the capacity of the road network. Long stay parking will be discouraged in the town centre car parks close to shopping areas to the benefit of short stay parkers. Due regard will be paid to the need where appropriate for town centre long stay parking especially for the disabled. With new developments more customers will be coming from outside the area into the town. There will also be new commercial developments putting strain on the public parking that is available. New developments will therefore have to provide off street parking on their premises to satisfy this need and release on street parking. This is important as the town is mostly concentrated along the Main Roads to Falmouth, Ocho Rios and Clarke's Town which are main thoroughfares. PolicyDUT5 All new and/or extended developments will not be granted planning permission unless·adequate parking is provided on site or on a site adjacent to the development which is satisfactory to the local planning authority and meet the requirements set out in Appendices 9 and 11. Road Network Duncans is linked to other areas in the parish by means of secondary roads and the North Coast Highway which runs from Montego Bay to Ocho Rios. The vibrancy and survival of this particular town relies heavily on an efficient and safe road system. The roads in Duncans are in a fairly good condition, however the road that leads from the town center to Silver Sands is in need of urgent repairs. This road is a part of the Silver Sands subdivision and leads to the Jacob Taylor Beach which is heavily used by the public especially during the holiday season. PolicyDUT 6 The local planning authority will seek to ensure that all subdivision roads are properly maintained to ensure the safe movement of commuters. The North Coast Highway passes to the north of the town and exercises great influence over its activities. Measures will have to be instituted to make sure the benefits of this highway are received or Duncans could end up being a Ghost Town. Proper traffic management measures will have to be introduced in this regard. To JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS 3508173 FIFTH SCHEDULE, contd. ensure safety and encourage people to go into the town without fear of accidents there will be a general presumption against any proposed development which involves construction of new access onto the highway directly. New developments should normally have access by means of an access or service road onto a local distributor road. Policy DU T 7 There will be a general presumption against any proposed development that generates significant volumes of vehicular traffic if it is not well related to the highway network. CONSERVATION OF THE NATURAL AND BUILT ENVIRONMENT The Natural Environment The Jacob Taylor beach located in Duncans plays an integral role in the community. The beach operates as a bathing/fishing beach and craft vendors sell their wares to the residents especially those in the gated community to west of the property. There are two large scale developments proposed for the lots immediately to the east and west of the beach. PolicyDUC I PolicyDUC2 PolicyDUC3 Development will normally not be permitted if it is likely to cause a loss, or material damage to the beach, landscape areas and features which are of scenic and or unspoilt quality. Developments that are lik:~ly-to cause a loss ofhabitats or features which have importance for nature conservation will not be permitted unless it can be demonstrated to the local planning authority that there is a need which cannot be satisfied on an appropriate alternate site. Proposals which materially detracts from the unspoilt scenic quality of the coastline will not be allowed whether or not such development is directly on the coast or an inland adjoining area. The Built Environment The Clock Tower located in the town square of Duncans was declared a national monument by the Jamaica National Heritage Trust on April 4, 2003. This Tower was donated to the parish by a citizen in memory of his wife who died in 1935. The clockwork mechanism still appears intact. Policy DU C 4 The local planning authority will ensure that the Clock Tower is conserved in its original state and will seek the support of the Na~ional Heritage Trust in doing so. High buildings can intrude on views especially along the coast and as such building heights will be restricted to those in surrounding adjacent areas so that there impact will be minimal. High buildings shall be on a large site where allowed, so that it can have a well designated setting and where overshadowing will not affect adjacent sites and development. 3508174 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 Policy DU C 5 Policy DU C 6 FIFTH SCHEDULE, contd. Proposals for high buildings will not be allowed in or adjacent to strategic view points and land marks. Proposals within or adjacent to an area which is sensitive to their impact such as the coastal area will be approved only if they exhibit an appropriate degree of sensitivity in respect of siting and scale. HOUSING Housing provision in Duncans has been predominantly limited to the higher and middle income groups. Over the past five years the housing stock has improved significantly, especially with the construction of new housing units under the Duncans Hills housing development project. This is a subcomponent of the Amaterra project and is supported by the National Housing Trust. However this has not totally satisfied the need for low income housing in the area which still has to be looked into . Policy DUH 1 Housing developments that are geared towards the lower income groups will be supported in Duncans and its surrounding communities. Lands owned by government which is satisfactory for this purpose shall be reserved and be released for housing construction as the need arises. The construction of the two major resort developments in Duncans will provide over twenty thousand jobs during the construction phase. This is of major concern as in the case of other major developments in resort towns the workers will be setting up makeshift structures to be used as temporary housing if accommodation is not available. This can lead to the development of permanent squatter settlements as a need will still exist after the construction period has ended. Policy DUH 2 Policy DUH 3 The local planning authority will seek the support of the local authority and the squatter monitoring unit and keep a close watch on the area during and after the construction phase to ensure that no such squatter settlements develop. Any housing land required to meet the needs created by the workers in the hotel industry in the area should be provided by the developers and not by government. In order to minimize the use of Greenfield sites for housing development use could be made of Brownfield sites or potential housing land in existing areas. Such provision should cater for small households in particular. The existing housing stock should be improved and maintained where possible. PolicyDUH4 PolicyDUH5 Existing housing stock and housing areas shall be improved where appropriate and practical especially where it will be of assistance to small and medium size householders. Some limited provision may be made for the development of dwellings of types such as low cost home ownership schemes JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B175 FIFfH SCHEDULE, contd. suitable for people not easily able to compete in the housing market. URBAN EcONOMY The Urban Economy in Duncans is not limited to any specific sector. However this is on the verge of changing as the two largest tourism development proposals in the island will be constructed along the coast in the Duncans Planning Area which should bring economic prosperity to the town. Tourism is susceptible to the instability of the international marketplace and therefore the need arises to diversify the town's economic base. Policy DUE 1 Policy DU UE 2 The local planning authority with the aid of the local authority and the private sector will encourage development aimed at maintaining and improving employment opportunities in appropriate locations in the. planning area. Light industrial developments which are compatible with the general character of the area will be encouraged in Duncans. Fishing is also a significant economic activity within the area with over one hundred registered fishermen. However this activity is being hampered significantly as, there is no market to sell the fish especially since they are isolated from the town centre. Policy DU UE 3 PolicyDUUE4 The local planning authority will seek to have the Duncans market reopened, with facilities not only for fish vendors but for dry goods and craft vendors as well. It should also be equipped with adequate parking and sanitary facilities for vendors and customers. Proposal which would result in a greater range of comparison goods trade in the growth centre will be permitted provided that such provision will not impact adversely on other shopping facilities in the area. TOURISM Duncans being mainly a seaside town is ideal for tourism development. The tourism potential of the area has long been recognized with the development of Silver Sands as a resort area, however this was not fully realized until recently. There are a number of large scale tourism developments being proposed for the Duncans planning area specifically along the coast. Amaterra Jamaica Limited has proposed to develop 850 acres (344.25 hectares) of beachfront land as a resort community, likely to be called "Ocean Pointe". The property is located between the Duncans to Coral Springs main road, south and west of the Silver Sands property. Policy DU TO 1 All buildings that will be constructed along the coast should be located from the high water mark in conformity with the guidelines 3508176 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. in Figure 4 and should not exceed 30 hotel rooms per acre or 50 hotel rooms per hectare. Villas should not exceed two floors in height and hotels four floors. The above development when completed will consist of approximately 2,000 hotel rooms, 2,200 villa lots, and an eighteen hole golf course. There will also be a "Town Centre Village" with provisions for a business park with commercial units and public amenities including a fire station, police station, health centre and other services. The resort community will also include a water park, an equestrian centre, a conference centre and amphitheatre. This proposal will be assessed by the local planning authority in due course and a decision made as to what is to be approved. The developers could be asked fo provide housing for workers who will be employed to service this facility based on the outcome of this application. Policy DU TO2 Policy DU TO3 The local planning authority will monitor all developments along the coast carefully to ensure that the proposal which is approved is strictly adhered to by the developers during the construction phase. Proposals for new serviced accommodation for tourism will normally be permitted provided there is no overriding conflict with conservation policies and will be subject to siting, design and access consideration. The Harmony Cove development will be constructed on 1,400 acres ofland which is located between Grand Lido Braco and Silver Sands. The development will consist of two championship golf courses, 3,845 hotel rooms, 200 single family homes and townhouses, 300 marina slip, health spa, 660 guest rooms and suites, 200 timeshare units 5000sq ft of conference facilities, 1500sq ft fitness center and a free form swimming pool with 3 water slides. The concept of the resort is aimed at reviving the high-end leisure experience that characterized the local tourism sector in the early days. The application is yet to be assessed by the planning authorities and a date set for the beginning of construction. Policy DU TO4 Proposals for new tourism attraction and facilities will normally be permitted subject to no overriding conflict with conservation policies to satisfy siting, design, access and landscaping considerations and to services being available. Silver Sands is an old resort which has been developing on a timely basis. There is still a large amount of undeveloped lands in the area. The local planning authority will continue to support this type of development which will encourage visitors. However, all new proposals should be compatible with the amenities of the area and should safeguard the interest of existing residents and landowners. Policy DU TO 5 In the Duncans Local Planning Area developments which improve or extend the range of tourism accommodation will be permitted provided it would not be detrimental to the character JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B177 FIFTH SCHEDULE, contd. and appearance of the locality and to the amenities of nearby residents. SOCIALAMENITIES The social facilities essential for a comfortable way of life for the town's inhabitants are available in Duncans. However they are not. serving the growing population efficiently and are under great stress. This problem is further compounded by the proposed major developments planned for the area. The Dewar Health Centre is located along the Duncans Main Road and serves the entire community. This centre was donated to the people of Duncans by Dr. Robert Dewar in 1886, and has basically remained the same throughout the years. This is a type III health centre which provides only basic health care and the facilities are outdated and over utilized. Policy DU SA 1 The local planning authority will seek to have the health centre expanded and upgraded to a type V facility and will ensure that the expansion of the centre is in keeping with the architecture of the existing structure. The only institution within the parish of Trelawny that offers special education facilities is the Duncans All-Age and Infant school. The capacity of this school is extremely inadequate when compared to the actual enrolment. There is an urgent need for expansion since it is an important institution serving not only children within the town but from the adjacent districts as well. Policy DU SA 2 The local planning authority will seek to have the all age school expanded to effectively meet the needs of the growing population within this age group in the area and will not support any development that would impede such extensions on the lands available for this purpose. Community centres are used primarily to provide a meeting place and a base for activities for local people. It is a resource managed by and for the community. There is no formal community centre in Duncans. Although this facility is provided in neighbouring communities such as Falmouth and Clarks Town these are not easily accessible by the residents in Duncans. Adequate provisions need to be made to satisfy the resident's needs. Policy DU SA 3 The local planning authority in conjunction with the citizens association will identify adequate lands that can be used to construct a community centre which will be made readily accessible to the residents of Duncans and surrounding districts. Where recreational open space and amenity lands exist they will be safeguarded and where appropriate new ones will be provided or permitted. If these open spac~ are large enough it would be prudent to construct community facilities on them such as a sports centre. 3508178 PROCLAMA.TIONS, RULES AND REGULATIONS [JUNE 21, 2013 Policy DU SA 4 FIFTH SCHEDULE, contd. Development of facilities for sports and formal recreation will be permitted or provided at suitable sites with easy access, and with particular emphasis on remedying deficiencies in provision. WASTE TREATMENT AND DISPOSAL Solid Waste There are no waste disposal sites in Trelawny as the dump that was located at Grange Farm in Daniel Town was closed by the authorities. All solid waste generated in the parish are now transported to Retirement, St. James as part of a plan to have a central dump for the western parishes of Westmoreland, Hanover, St. James, and Trelawny. However, the increases in waste generation coupled with problems of delay in collection and no intermediate storage for the collected waste has led to persons in Duncans using a mined out gully located along the Silver Sands Main Road as an informal dump site. The way it is being used is highly unsatisfactory. Policy DU WTl Policy DU WT2 The local planning authority will seek the support of the National Solid Waste Management Authority to identify a suitable area that is available such as a mined out area or one in need of restoration to be used as a landfill site until an intermediate storage area for solid waste transfer is found. Where clearance of derelict or despoiled land is likely to be long delayed the local planning authority will require landscaping or other cosmetic treatment to improve the appearance of the site. Inadequate waste storage facilities can affect the amenities of neighbouring properties and the public causing health and safety problems. All developments should therefore make provision for waste storage and collection in tamper and rodent proof devices. Policy DU WT 3 All developments will be required to make adequate provision for the storage and collection of waste matters which should if possible be sorted into non-recyclable and recyclable categories. CLARKS TOWN LocALPLANNING AREA Description The main intention of the development orderis to provide orderly and progressive development of the Clarks Town Local Planning Area that has a population of 3953 persons. The town experienced a 90% growth rate between the periods 1991 and 2001 which is as a result of the sugar factory that is located within the area, providing employment for the residents of Clarks Town. This area as described in the First Schedule hereto extends from the point where Pamassus secondary road meets the Kinloss Clarks Town secondary Road to the west, then stretches to the north along JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B179 FIFTH SCHEDULE, contd. the Parnassus secondary road to the Rock/Clarks Town Main Road. The boundary then stretches along the parish council road where it meets the western Swanswick boundary .in the east that extends in a southerly direction on the main parish council road which then adjoins to the point where Parnassus secondary road meets the Kinloss Clarks Town Secondary Road. This local planning area comprises of the basic amenities which includes a market, police station, post office, Cedric Titus High School, St. Michael All Age and Basic School, several open spaces, a People's Co-operative Bank, health clinics, several churches, grocery stores and bars. The purpose of this development order is to ensure that development is done in an orderly and progressive manner ensuring that the economy, social and the environmental aspects are taken into consideration. This order will therefore provide residents and business operators a sustainable environment with the necessary social facilities and amenities. TRANSPORTATION Public Transportation Centre Clarks Town is a linear town which serves as the main transportation centre for the region of which it is a part. The only form of public transportation that exists is route taxis that load within a commercial complex in the town or the main road in the middle of the town. As a result there is congestion and unorganized parking that prevent the free movements of pedestrian from occurring. The parking of route taxis within the commercial complex also prevents customers from using that facility. Although the transportation system can be classified as being adequate proper parking facilities are required to accommodate the motor vehicles. PolicyCT TI The local planning authority will seek to establish a transportation centre for the accommodation of route taxis on lands once occupied by the Public Works Department opposite the police station. Most of the existing commercial entities in the town have no parking facilities for customers. In providing a transportation centre the local planning authority being mindful of the situation will explore the possibilities of a public car park. This should assist in relieving the drastic situation now existing on the streets. PolicyCTT2 The local planning authority will seek to ensure that a public car park is provided on lands owned by government opposite • the • police station. Road Network The Town is a linear one with all major activity located on the main road. There is a lack of sidewalk facilities on some areas making it unsafe for the movement of pedestrians. The local planning authority will endeavour to have the road authorities institute proper traffic management to remedy the situation and make the roads safer. 350B tso PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 Policy CT T3 PolicyCT T4 FIFTH SCHEDULE, contd. The local planning authority will seek to ensure that side walks for pedestrian use are put in place especially in high user areas. No new development will be approved within the town and/or along the main road unless it is in accordance with the guidelines set out in this development order. VEHICLE PARKING Currently most of the existing facilities have no parking in place. Vehicles are parked on the road side which impedes the movement of pedestrians and other vehicles. The taxis are parked in a commercial property which prevents customers from using these lots contributing more cars being parked on the road sides. PolicyCTT5 PolicyCTT6 PolicyCTT7 All new developments or extensions will be required to provide off street parking facilities both for customers and staff at the rate set out in the appendixes of this order. Street parking will be allowed where it is not detrimental to traffic flow and safety and preferably in bays designated for the purpose. All new developments will be required to have adequate access for pedestrians and motor vehicles to the satisfaction of the local planning authority. HOUSING According to the 2001 population census the total household stands at 1043 with a population of 3953. This therefore suggests that there is approximately 3.7 person's per household. Based on current trends and projections, by 2011 the population for Clarks Town will increase by approximately 90%. As a result lands are required for future growth and expansion. It is estimated that approximately 50 acres ofland will be required to fill the needs of the growth centre. Policy CT SA2 Policy CT SA3 Policy CT SA4 The provision ofhousing will be on lands identified for residential activity on the land use proposal maps. The local planning authority will approve a mixture of housing type in schemes including service lots and starter units so that that a variety of persons can benefit from the low income earners to the high income earner. Provision will be given where necessary for residential development which would be small in scale and avoid the appearance of a housing estate but respect the village environment. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B181 FIFTH SCHEDULE, contd. URBANEcONOMY/RURALEcONOMY The local planning area mostly comprises of small scale operations including shops, supermarkets, bars and restaurants. However the economy has been struggling as there are declines in sales which are as result of declining income generated from the sugar industry. According to the industry officials more than 800 persons are directly employed by the Long Pond Estate during the crop season, which usually last for 5 months. This therefore suggests that businesses in the local planning area need to explore new income generating initiatives other than sugar industry. The sugar lands will however, remaiµ for agricultural purposes if the industry ceases to exist. Policy CT REI PolicyCTRE2 Policy CT RE3 All agricultural lands are to remain in agricultural uses and the local planning authority will only permit development relative to agricultural activity on such lands as long as it is not detrimental to the environment and the citizens. The change of use of commercial buildings to other uses not compatible with the area will not be supported by the local planning authority. The local planning authority will support proposals for improvements to local shopping facilities where there is a need to do so. SOCIAL AMENITIES The town consists of one major open area that is mostly used for the playing of football. Based on the population projection of Clarks Town does not require any additional open or recreation area within the next ten years. Furthermore the schools also have large open spaces which can also be utilized for other community recreational activities as well. Policy CT SAI Lands already allocated as football fields or for open spaces will be prohibited from future developments not related to the activities taking place thereon. Developments which out of necessity must be located here will only be allowed if an alternate site is developed for the existing use. Clarks Town attracts a lot of visitors daily. There is no public sanitary facility in the town which can be used by these people. They use the streets or bother owners of business places to use theirs. This is a situation that needs to be remedied. Policy CT SA2 The local planning authority will seek to provide public sanitary facilities in the Town to relieve the distress of people who may need to use them when visiting. 350B182 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 FIFrH SCHEDULE, contd. WASTE TREATMENT AND DISPOSAL Solid Waste The Clarks Town Local Planning area faces solid waste disposal problems. There are no garbage bins along the roadways or any garbage collection systems in place. As a result garbage is present along the street sides and in comers of lots with buildings or open lots. In order that the situation may be altered garbage receptacles should be located in conspicuous areas to facilitate pedestrians and should be painted in a bright colour so that they are easily recognizable. There should also be a central depository in which this can be placed until it is transferred to the landfill site. PolicyCTWT 1 Policy CT WT 2 The local planning authority will encourage the placement of garbage container in strategic locations to improve garbage collection and disposal within the growth centre. Proposals for a solid waste transfer station will be considered in a location where there will be no detrimental effects on the environment or surrounding amenities. SEWERAGE DISPOSAL All indications are that if the economy continues on its present path there will be a demand for housing in the area. Any large scale development will need to be able to dispose of sewage in a satisfactory manner. The local planning authority will consult with the Natural Resources Conservation Authority and the Health Authorities in this regard. A central system would be most acceptable if conditions will permit this. PolicyCT/WT3 The local planning authority will support the sewage disposal methods that have been approved or recommended by the Ministry of Health and the Natural Resources Conservation Authority for use in the area. ALBERT TOWN/ULSTER SPRING LOCAL PLANNING AREA Description This section of the Development Order makes provision for the orderly and progressive development of the area described in the first schedule hereto as the Albert Town/Ulster Spring Local Planning Area. It stretches from the intersection of the Albert Town/Ulster Spring Main Road and the Freemans Hall/Ulster Spring Parish Council road in the north-east to Mouth River in the south-west. The main settlement within the planning area is Stettin with Freemans Hall to the east and St. Vincent to the north being adjoining settlements. Named in the mid nineteenth century for Prince Albert, consort of Queen Victoria, Albert Town is the largest town in south-eastern Trelawny. For the purposes of this Development Order it has been joined with Ulster Spring to form a growth centre mainly because of the services that both provide. Some of the services provided by JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B183 FIFTH SCHEDULE, contd. Albert Town the larger area, are absent in Ulster Spring. However, core functions and services that are absent in Albert town are present in Ulster Spring, for example, a police station and health centre. In addition, the close proximity of these towns makes it logical that they be joined to form a growth centre. The two have experienced an increase in their population. In 2001 the population of Albert Town increased by 83. 7% from the 1991 population of 2,150. This growth is represented by an average rate of 8.37% per annum. Ulster Spring experienced a population increase of 7. 6%, which is represented by an average growth rate of O. 7 6% per annum. The Albert Town-Ulster Spring Local Planning Area had a population of 4,944 as was reflected in the 2001 census. This represented a 60. 7% increase over the 1991 population of 3075. The population growth rate during this period was 6.07% per annum. Agriculture has traditionally played a significant role in the economic livelihood of the area. Yam farming is predominantly practiced with other secondary crops such as; coco, dasheen, banana, as well as some amount of livestock rearing. As a central town in an area of Jamaica that produces about 50% of all the yams exported by the country, Albert Town was the home of the annual Trelawny Yam Festival. This has now been removed to Falmouth as the National Works Agency would not grant permission for it to be staged on the streets. However, in recent times, the Albert Town-Ulster Spring area and its surrounding communities have struggled to maintain their agricultural way of life, due to falling yam prices, environmental degradation and urban drift. As a result, other economic activities are required to spur and promote new employment opportunities for the population. A reference to Albert Town in this document also includes Ulster Spring and vice versa. TRANSPORTATION Public Transportation Centre There is a need to provide safe and satisfactory off road parking for public carriers and commuters in the Albert Town-Ulster Spring area. The main parking facility used by buses and taxis is located in Albert Town at the town centre. However, this is on the street except for when they use the only private car park existing in the town. This is the hub for the movement of people and goods to Falmouth and Christiana and a safe place is required for public transportation to interact with passengers. Policy AT /US TI The local planning authority will with the appropriate agencies implement traffic management plans to deal with the critical public transportation parking problem in the town. Road Network Ulster Spring is located on the main route from Albert Town to Falmouth. It is basically the main link between the northern and southern sections of the parish due 3508184 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. to the Cockpit Country and is exceptionally busy. Although sidewalks are provided in Albert Town there is none in Ulster Spring. This acts as a restriction to the movement of pedestrians who may wish to travel from one area to the next, especially school children. The local planning authority views this seriously and will endeavour to find a solution to the problem especially as the road is very busy. Policy AT/US T2 The local planning authority will seek to ensure that the twin towns are provided with adequate side walk facilities for the safe movement of pedestrians and to avoid vehicular conflict. Policy AT/US T3 Although the area is precipitous for the safety of both residents and motorist the local planning will ensure that building lines are established and that developments meet the required setbacks outlined in the general policies. Parking The Commercial centre lacks adequate off street parking facilities for customers. Only one business place away from the gas station has provided off street parking and there is a competition for space in it. Although the terrain is an inhibiting factor all new developments will be required to provide off street parking irrespective of the quantity. Policy AT/US T4 Policy AT/US T5 All new commercial developments or extensions within the town will be required to provide parking in accordance with Appendix 9, 11 and Figures 2 and 5. Where parking is being provided partially on the street for commercial and other buildings being used by the public it should be parallel to the kerb unless adequate space is available for it to be provided otherwise. CONSERVATION OF THE BUILT AND NATURAL ENVIRONMENT The Built Environment There are a few buildings in the Albert Town-Ulster Spring local planning area that are of historical and architectural significance. Their construction dates back to the colonial era and add to the historical significance of the area. The courthouse in Ulster Spring was built in 1893 and continues to operate. It is one of two courthouses in the parish with the other being the main courthouse in Falmouth. The Anglican Church of St. Andrew in Albert Town which was built in 1868 happens to be the last church built before the disestablishment of the Anglican Church. These pieces of the built environment hold important remnants of the colonial past that should be preserved. However, neither building has been listed as national monuments by the Jamaica National Heritage Trust. Policy AT/US Cl The local planning authority will seek to have the Jamaica National Heritage Trust declare these buildings as historic sites and buildings or places of architectural interest. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B185 Policy AT /US C2 FIFTH SCHEDULE, contd. Operations that will cause any demolition or alteration of these buildings except for maintenance purposes will not be supported by the local planning authority. The Natural Environment Agricultural pressures have caused vast amount of topsoil to be lost, and this has affected the farmers in the Albert Town/Ulster Spring area. Researchers estimate that since farmers were exposed to methods of cultivation that conserved topsoil, about 60 tonnes have been saved in the area. Farming methods should therefore continue this approach if sustainability is to be maintained. Policy AT/US C3 Policy AT /US C4 Policy AT/US CS Permission will not be given for developments that will cause the erosion of topsoil in any area and result in the denudation of agricultural land. Farmers will be encouraged to use fertilizers and pesticides judiciously so that the pristine quality of the environment can be maintained. Seeing that the area is located within the Cockpit Country the local planning authority will through education and awareness programs, endeavour to have the natural landscape protected as much as possible. There are no open spaces or playfields within the planning area to provide recreational activities for the residents. The only such facilities exist at the two schools. Because of this the "Yam Festival" was being held in the streets and was an obstruction to the free flow of traffic passing through the town. Proper facilities will be needed if this activity is to be maintained in the area and not taken elsewhere permanently. Policy AT/US C6 The local planning authority will support the efforts ofany private or public agencies or persons that are desirous of establishing any open air recreation facilities in the area especially one that can accommodate the yam festival. HOUSING Residential housing units in the area are predominantly single family detached typed and are located on agricultural holdings. There are no large organized housing developments and the present system seems adequate to fill the demands in the area. It is expected that this will continue as more families are created. Policy AT/US H1 Policy AT/US H2 Any new organized large scale residential development will be encouraged in communities with existing residential developments in the growth center. New housing developments to satisfy individual needs on farms will be supported provided that it is in character with the area. 350B186 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 FIFTH SCHEDULE, contd. URBAN ECONOMY The Albert Town/Ulster Spring area has a few commercial entities operating within its boundaries, however the residents have to travel to nearby towns such as Christiana in Manchester and Falmouth in northern Trelawnyto access certain goods and services. There is the need for more commercial entities that will improve the image of the area as · well as the local economy. These new industries and commercial entities could also help to shape the employment structure of the area and could be agriculturally oriented. Policy AT/US UE 1 The local planning authority will encourage the development of commercial entities that will contribute to the economy of the area and will not detract from its character in any way or be detrimental to the environment. Policy AT /US UE2 Wherever possible, consideration will be given to small home based cottage type industries that are compatible with existing developments. RURAL ECONOMY Agriculture in the form of yam cultivation and livestock rearing has traditionally played an important role in the economic livelihood of many families and the economy of the area. It also provides meaningful employment for many residents especially those who have a linkage to farming. Policy AT/US REI Planning permission will not normally be allowed for the conversion of viable agricultural lands which is to be preserved for productive agricultural use into non-agricultural purposes. Policy AT/US RE 2 The local planning authority will not support developments in areas close to viable agricultural land that will have adverse effect on such land and cause it to lose its agricultural potential. TOURISM The growth centre is not located along the coast and as such does not enjoy the benefits of coastal tourism. However the yam festival which was held in the town annually used to attract a large amount of people. To boost the economy of the area and encourage tourism it should be brought back and adequate facilities provided to make it a permanent attraction in the town. Policy AT /US TO 1 The local planning authority will support efforts to establish tourism in the area including a permanent show ground for the yam festival provided it is not in conflict with or will have any adverse effect on the environment or the amenities of the area. SOCIAL AMENITIES Present indications are that there will be no large scale housing development in the area during the life of this development order. However should unforeseen JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B187 FIFTH SCHEDULE, contd. circumstances cause this to take place they would have to provide the amenities necessary for establishment of such facilities. Policy AT/US SAi In all new housing development land is to be provided to meet the amenity needs of the projected population in accordance with the General Development Policies and Appendix 12. Policy AT /US SA2 The local planning authority will insist and will not approve any housing development scheme in the area unless it includes units that can be afforded by local residents. WATER SUPPLY Piped water is absent in most cases in the Albert Town-Ulster Spring area. The water supply requirement of the area is met by catchment tanks, which serve as an important source of water supply for households and commercial entities alike. This is especially common in the hilly regions of the growth centre. In view of the high cost to provide piped water to the communities especially in high elevations the alternative method of provision which is harnessing rain water has to be continued until the situation is be remedied. • Policy AT /US WS I All developments shall be required to provide catchment tanks or some other method of harnessing rain water to satisfy their needs in the absence of a piped water supply system. WASTE TREATMENT AND DISPOSAL The area is not provided with piped water and residents have to develop their own means of obtaining this commodity. It is therefore unlikely that sewage is being disposed of by means of flush toilets. This means that the most likely method of disposal will have to be adopted. Policy AT /US WT I The local planning authority will support any recognized method of waste disposal that is satisfactory for the area which is recommended by the health authorities including pit latrines. Policy AT /US WT2 Where pit latrine is recommended as the method of waste disposal then it should be of the ventilated improved type or any other that is environmentally friendly. DUANVALE LOCAL PLANNING AREA Description A major objective of the Trelawny Parish Development Order is to provide for the orderly and progressive development of that area described as the Duanvale Local Planning Area in the First Schedule hereto and which stretches from Kinloss in the east and extends northerly to include Jack's Lodge. 3508188 PROCLAMATIONS, RULES AND REGULATIONS [JlJNE 21, 2013 FIFTH SCHEDULE, contd. Duanvale is located approximately 16 kilomet(;'lrs south-east ofFalmouth and for the most part can be best described as a long poljie enclosed by the karst cockpit hills. It is easily recognized on a map or an aerial photograph by its 'long straight' main street. The Duanvale fault is one of the many in the western section of the island that has implications on the region. It is believed that the name (Duanvale) originated from the Celtic language spoken in Scotland where (Duin) is interpreted to mean dark vale. This is very ironic however, because today it would be unreasonable to describe Duanvale as a dark valley. Duanvale along with neighbouring Spotfield (later known as Kinloss) was once owned by Mr. J. Campbell. In 2001 the Duanvale Local Planning Area had a population of 1,806 persons showing a significant increase of 140% over 1991 when the population stood at 752 persons. Duanvale is for the most part a residential area with scattered small scale commercial activities along the roadways. TRANSPORTATION Public Transportation Centre Similarly to most other growth centres in Trelawny, the Duanvale Local Planning Area lacks a public transportation centre for the use of public vehicles and commuters. However the level of traffic generation witnessed in the other growth centres is noticeable absent. This is due mostly to the lack of 'large scale' economic activity in the area, which lessens the need for a public passenger transportation centre. They can now park for the loading and unloading of passengers along the roadways as necessary. In the future however, if the Duanvale Local Development Planning Area becomes more vibrant with increase economic developments then a suitable location should be identified by the local planning authority to be developed as a transportation centre. This would eliminate any problems that may be caused by these vehicles being on the main thoroughfare to other road users and pedestrians. PolicyDVT 1 PolicyDVT2 If the economic activity in the area increases to a level warranting it then an off street site shall be identified by the local planning authority which will seek to have the local authority develop it for public passenger vehicles and commuters. All new developments and extensions shall be required to satisfy their parking requirements on site unless such provisions can be met elsewhere to the satisfaction of the local planning authority. Where the development requires less than two spaces the building should be set back from the roadway to accommodate these spaces. JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B189 FIFTH SCHEDULE, contd. CONSERVATION OF THE BUILT AND NATURAL ENVIRONMENT The Natural Environment Duanvale Local Planning Area is a poljie of great natural beauty surrounded by lush vegetation of the forested areas and the picturesque karst hillsides of the cockpit country. The Duanvale Local Planning Area has a high water table which may be easily contaminated or may cause flooding if the several sinkholes that aids in underground drainage of the area become blocked. PolicyDVC 1 PolicyDVC2 Planning permission will not be given for developments which would obstruct or prevent in any way the natural drainage or runoff via the various sinkholes that are present in the area. Planning permission will not be given for developments which will have any impact on the landscape or the groundwater system. The disposal of sewage or other effluent in or near sinkholes will not be permitted. Some of the geological exposures and habitants of the cockpit country are evident in Duanvale. Though small, the protection of these sites are of natural significance since they contribute to the beauty and wildlife in the area. While it may be possible to justify the use of these areas especially for mining purposes, it is unlikely that any but the smallest development could take place without harming the area. PolicyDVC3 Application for the exploration, appraisal and the working and production of any sources of minerals will be subject to the most rigorous examination because of their possible impact on the importance of the area. As is the case with most areas that have limestone formations the Duanvale area has several caves that are important ecosystem or has the potential to be developed as an attraction. Chief among them is the Puskurrunkus Cave and the Miller and Kinloss Caves, even though the two latter ones are located just outside of the Duanvale Local Planning Area boundary. PolicyDVC4 No planning permission will be granted for developments in the vicinity of the caves which will alter their physical character or impede their use and functions. The Built Environment The Trittonville Baptist and Fraserville Methodist Churches are aspects of the built envirpnment which add to the historical character of the area even though none of the two are listed as historic buildings by the Jamaica National Heritage Trust. Efforts will be made to have them recognized as early as possible. PolicyDVC5 Recommendations will be made by the local planning authority to the Jamaican National Heritage Trust, for the Trittonville Baptist 3508198 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. and Fraserville Methodist churches to be declared historic buildings, therefore, planning permission will not be granted for developments which will result in the alteration of the design and character, of these structures or any other structure which from time to time may be declared a national monument or historic building within the area. HOUSING Residential units in the Duanvale Local Planning Area are mainly single family detached type units and are owned by the occupier. Semi-detached multi-family units such as town houses and apartments are absent. There is no pressing demand for densities to be increased to include these types of housing units. However with the expected diversification of the economy and the expected growth of the area there may be the need for additional housing units. PolicyDVHl PolicyDVH2 New residential developments in the area shall be compatible to and be in accordance with the development densities and standards now in existence. Residential subdivisions will be required to provide sites suitable for residents to construct their own housing units and provide the amenities necessary in such developments. URBAN ECONOMY Commercial development in Duanvale is far less than other local planning areas in the parish. Small commercial activities although numerous is not enough to bring the sought after diversity of the economy that is required for a vibrant growth centre. There is a need to provide alternative forms of development to achieve this and provide a wide range of opportunities for residents for the sustained balanced development of the area. PolicyDVUEl PolicyDVUE2 Policy DVUE3 A variety of service and commercial establishments will be supported in Duanvale provided that they will not have any negative impact on the area. Compatible mixed uses that satisfy the needs of the residents and create additional jobs will be,encouraged by the local planning authority. Small businesses along with light industrial enterprises will be supported at suitable locations with access to the necessary infrastructure and facilities in an effort to create employment for residents. RURAL ECONOMY Agriculture has always and still plays a major part in the economy of the Duanvale Local Planning Area. Sugar cane is the major crop, although mix fanning of yam and JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508191 FIFTH SCHEDULE, contd. banana is done on a much smaller scale. Development pressures will if not carefully monitored, result in the conversion of viable agricultural lands into non- agricultural use. PolicyDVREl PolicyDVRE2 A change of use from agriculture to urban development or fragmentation of large holdings being used for sugar cane cultivation into other uses will not normally be allowed except in extenuating circumstances. Unless it can be shown that fragmentation of large holdings being used for sugar cane or other agricultural purposes will not result in a loss of the agriculture potential planning permission will not be granted f9r such developments. TOURISM At the moment a tourism industry is non-existent in Duanvale since there is no established attraction for visitors. Nevertheless three caves (Puskurrunkus, Miller and Kinloss Shelter) are located in or in close proximity to the area that has the potential to be developed as an attraction. It must be noted however that these caves may not supply a satisfying experience by themselves, and may need to be part of a package with other attractions in close proximity or in other growth centres. PolicyDVTOl PolicyDVTO2 The development of new tourism facilities will normally be supported in suitable areas to make Duanvale more attractive and vibrant while increasing its economic potential provided that the integrity of the area is not compromised. Planning permission will not normally be granted for developments in the vicinity of the caves which will compromise their character or destroy their amenity value in anyway. SOCIAL· AMENITIES The Duanvale Local Planning Area lacks some of the basic social amenities such as a library, market, police station, fire station, and secondary schools. Some of these are available in neighbouring communities such as Clarks Town, Wakefield and Falmouth. The present community centre should be developed as a multi-purpose facility to satisfy both skills training and active recreation. Policy DV SAl The multi-purpose use of the Duanvale community centre for a wide range of activity including educational purposes such as technical or skills training will be encouraged by the local planning authority. The existing cemetery dates back to the time of slavery and is gradually filling up. Although residents have the choice of interring their beloved ones in family plots they prefer to do so in the public cemetery. Lands for a new cemetery should be identified in advance of the closure of the existing one. In undertaking this exercise the.relevant authorities will be consulted. 350B192 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 Policy DV SA2 FIFTH SCHEDULE, contd. The local planning authority will monitor the use of the existing cemetery and identify lands in consultation with the relevant authorities to meet the needs of the community in the plan period as a new site will have to be prepared well in advance of the exhaustion of the present one. WATER SUPPLY Piped water is available to most households in the Duanvale Local Planning Area. This allows them to make connections to the system and have running water in their, premises. The source needs to be protected to ensure that the quality is not compromised. , Policy DV WS 1 Planning permission will not be given for developments which will adversely affect the quality of the groundwater in the Duanvale Local Planning Area. WASTE TREATMENT AND DISPOSAL Sewage Disposal Although there is a high water table in the Duanvale area there is no central sewage disposal system. Waste from development has to be disposed of on site by methods recommended by the National Resources Conservation Authority, the Ministry of Health, the local authority and other related agencies. These methods may include but is not limited to septic tank and tile field and appropriate pit latrine. PolicyDVWTl Since the Duanvale Local Planning Area lacks a central sewage system the following sewage disposal methods will be permitted in appropriate situations: (i) septic tanks and tile field. (ii) any other safe and appropriate waste disposal technology as may be developed from time to time that is acceptable to the local planning authority and the other relevant agencies. Solid Waste There is a lack of routine garbage collection by the National Solid Waste Management Authority within the Duanvale Local Planning Area. Therefore residents burn the majority pf their solid waste while some amount ends up along the street which is very unsightly. If some methods of recycling were to be introduced along with a repository in a cen~l location this would diminish the amount being disposed of indiscriminately and relieye the situation. Policy DV WT2 The indiscriminate and unsatisfactory disposal of waste will not be encouraged and the local planning authority will support the routine collection and recycling of such waste as much as possible and the facilities to do so. JUNE 21, 2013) PROCLAMATIONS, RULES AND REGULATIONS 350B193 FIFTH SCHEDULE, contd. WAIT-A-BIT LOCAL PLANING AREA Description Provision for the orderly and progressive development of the Wait-A-Bit local planning area is a major intention of this development order. Wait-A-Bit is a rural agricultural community with yam being the chief crop cultivated. It is located south south-east of Albert Town and shares a similar climate with areas such as Coleyville which is located a few miles south. The planning area is bounded in the south-west by . the Manchester/Trelawny parish boundary, on the north by Toryturn, on the east by Litchfield and Cave River. The name Wait-A-Bit was derived from an African plant that was brought to the area in colonial times and has remained ever since. The Wait-A-Bit Local Planning Area population increased by 224% from 1061 persons to 3439 between the period 1991 and 2001. TRANSPORTATION Public Transportation Centre The main transportation route from Christiana to Albert Town passes directly through Wait-A-Bit. The Growth Centre is a linear town with no definite transport centre. Public Transport load and off load goods and passengers at any requested location, which is dangerous to other users of the road as sometimes vehicles behind cannot see what is coming in the opposite direction. It is therefore necessary that. areas along the main road be identified for this purpose and accommodation be made for them. PolicyWBTl The local planning authority will ensure that adequate road improvements and other measures are taken to facilitate the use of road transport including construction of lay-bys at strategic locations. Private motor car ownership is limited in the area and the residents are dependent to a certain extent on public transportation to travel. Housing development should take this factor into consideration and be located so that residents have access to public transportation systems. PolicyWBT2 In assessing applications for residential purposes the local planning authority will ensure that developments are located where residents can have adequate access to Public transportation systems. Road Network The road network forms an integral part of any community or town and usually determines the directions in which development occurs. The physical characteristics of this growth center dictate the layout of the road network. Due to the terrain this consists ofmotorable roads, footpaths and bridle ways. The farmers are dependent on donkeys to take their agricultural produce from the farms to roadways where it is 350B194 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 FIFTH SCHEDULE, contd. collected by trucks and use bridle ways for this purpose. It is important that these are not blocked or obstructed in anyway. In areas which are not easily traversable by vehicular traffic they should be extended as they serve. a useful purpose. PolicyWBT3 PolicyWBT4 PolicyWBT5 Where possible the local planning authority will insist that all new development provide satisfactory vehicle access and circulation within the site. Proposals which affect footpaths and bridleways will be permitted only if there are satisfactory proposals for the diversion or replacement of these routes. The local planning authority will seek to retain all existing footpaths and bridleways and opportunities will be sought for their improvement where approp1iate. Parking (Private and Public) Residential parking within communities is mainly along service roads or where the terrain allows it within their property. Small shops and other small commercial outlets do not provide off street parking but instead do so in front of their business places. The situation is no different on the main road as most businesses have parking on the roadway. However, efforts have to be made for this to be done off street to prevent road congestion and traffic hazard in the future. In certain places limited exceptions may be made as it is not possible to meet this requirement due to physical constraint. PolicyWBT6 All new commercial developments or extensions will normally be required to provide adequate off street parking spaces for customers in accordance with the required standards so as not to obstruct the free flow of traffic on roadways. Consideration will be given to limited exemptions where this is not possible. In addition to the above motorists and pedestrians have to contend with the parking of service vehicles at business places. They create problems such as traffic congestion and danger to movement of pedestrians. Retail activities should therefore make adequate provision to accommodate these vehicles off the street or in a manner which is not dangerous to the public. PolicyWBT7 PolicyWBT8 The Local Planning Authority will seek to ensure that there is adequate and safe provision for the loading and unloading of goods vehicles which service retail activities on or off the main thoroughfare. New residential developments will be required to provide on site parking in accordance with the provisions in this order where it is feasible to do so. JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS FIFTH SCHEDULE, contd. CONSERVATION OF THE NATURAL AND BUILT ENVIRONMEHT The Natural Environment The Wait-A-Bit community is located on the outskirts of the Cockpit country and has vast amounts of primary and disturbed forest. There has been serious deforestation occurring in these primary forests located in near proximity to settlements. This might be to facilitate yam planting which is the dominant agricultural activity in the entire locality. There are also pine reserves which are on Forestry lands. The wider terrain is not very steep but where there are small slopes they are usually vegetated in the form of grass or yam planting, aided by conservation techniques such as terracing. Conservation in and outside of the community is important to prevent both deforestation and erosion. In this regard the character and identity of woodlands will be safeguarded and protected including those which are important in the landscape. PolicyWBCl The Southern Trelawny Environmental Agency and the Forestry Department will be encouraged by the local planning authority to apply reforestation techniques in the area in an effort to preserve and protect forest reserves before they are completely devastated. The present methods of indiscriminate cutting and clear cutting of tree species indicates that secondary growth will not recover at the periphery of the forest unless this method is terminated. The local planning authority will therefore encourage a program of public education by the relevant authority directed to farmers on the importance of replanting and negative effects of deforestation. PolicyWBC2 PolicyWBC3 Programs for filling and/or replanting of commercial or other woodland will be supported provided other resources in the area are not harmed. The planting of indigenous trees will be encouraged where possible. The present methods of indiscriminate cutting and clear cutting of tree species indicates that secondary growth will not recover at the periphery of the forest unless this method is terminated. The local planning authority therefore recommends public education by the relevant authorities to educate farmers on the importance of replanting and the negatives of deforestation. THE BUILT ENVIRONMENT There are buildings which were constructed long ago and are not in conformity with modem trends in architecture. These buildings are a part of the environment and should be protected. They should not be demolished and replaced with modem structure if they are of sound construction. PolicyWBC4 The local planning authority will seek to encourage the maintenance of existing buildings and the improvement of the local environment. 3508196 PROCLAMATIONS. RULES AND REGULATIONS [JUNE 21,2013 PolicyWBC5 FIFTH SCHEDULE, contd. Permission will normally be given to proposals which conserve and make effective use of an existing building which is of sound construction. The area is not one with a considerable amount ofland that can be used for outdoor recreational facilities. The sites which are available at this time are the primary school playfield and a playfield which is being constructed in an adjacent community. The development of a building in the town centre which can be used for wedding receptions, birthday parties etc. would be a welcome addition to the amenities of the Growth Centre. Policy WB C6: Proposals for buildings intended for recreation use will normally be permitted if they are able to accommodate a wide variety of activities to cater for the whole community. HOUSING Housing in Wait-A-Bit has its greatest concentration at Litchfield, otherwise it is scattered along the main road and on farm units. It is also confirmed by citizens that majority of houses are owner occupied with only a few being rented. One could therefore conclude that most people residing there are from the community and include extended families. In Litchfield which is an organized community the houses are in close proximity giving the area a dense appearance. PolicyWBHl PolicyWBH2 PolicyWBH3 Based on the terrain housing developments will be permitted in areas that are not vulnerable to landslides or where they would otherwise be detrimental to the environment. Multifamily development will not be allowed in this predominantly agricultural area unless the amenities required for such development can be satisfactorily provided. Where play space is being provided in housing development the need for safe access, road safety and supervision will be taken into consideration. Retail facilities provide an essential service to communities especially in areas where goods are purchased when needed. Facilities which have no impact on the living environment will be permitted within or in close proximity to housing. PolicyWBH4 PolicyWBH5 Planning permission will be granted for commercial activities within housing areas where they provide a service to the neighbourhood and have no adverse impact on the amenities of adjoining developments. Large scale residential developments will normally be required to include a shop or shops unless adequate facilities exist in close proximity. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508197 FIFTH SCHEDULE, contd. URBAN ECONOMY Although agriculture is the dominant land use activity there are other forms of economic activities in the area such as shops, hairdressing parlors, small restaurants, light industries and other small commercial activities. This presents an alternative means of employment to agriculture. These economic activities also serve the needs of the local community. As the community grows, more of these facilities will be needed. Policy WB UE I Policy WB UE2 The erection of small commercial developments which are needed to satisfy the demands of the community for a range of retail facilities will be supported where they are in confonnity with the provisions of the order. Proposals for alteration and extension of commercial buildings will be permitted as long as it is not detrimental to existing landscape setting and there is no conflict with other interests. The cultivation of yam and other agricultural produce generates income for the community as well as for those living outside of the area especially at harvesting times. The distributions of these items are important if the economic viability is to be maintained. Policy WB UE3 The local planning authority will normally approve development where it is proven to be necessary for the distribution of produce from local farms. RURAL ECONOMY Wait-A-Bit does not have a planned town centre with modem urban facilities but has the potential for growth and small scale development. It is a rural community, with commerce and agriculture the main economic activities. The location of Wait-A-Bit puts it in an ideal position for the marketing of agricultural products in and outside of the parish and to neighbouring areas. PolicyWB REI Policy WB RE2 In an effort to maintain the economic trad.ition of the community activities that will threaten the existence of agriculture will not be supported by the local planning authority. Agriculture and forestry activities will be safeguarded through the refusal of planning permission or opposition to changes of use or development of good agricultural land into non- productive units. SOCIAL AMENITIES The community has several basic social amenities necessary for standard rural living. There are however important ones lacking which should be filled by either government or private intervention. Special attention will be given to the provision of 3508198 PROCLAMATIONS, RULES AND REGULATIONS [JlJNE 21, 2013 FIFTH SCHEDULE, contd. these in new housing developments which takes place in the growth center and to the protection of existing ones. Policy WB SAl Policy WB SA2 Policy WB SA3 The continuous use of the Wait-A-Bit Multipurpose Centre for community and private functions and other small scale social events which the centre is capable of handling will be encouraged. Developers will be required by the local planning authority to reserve land in new housing areas for amenity open space and landscaping. This may be linear in nature due to the physical characteristics of the area. In developments where children play area exist the local planning authority will seek to retain them unless they are poorly used or unsafe. School facilities such as playfields add to the amenities in neighbourhood where they can be shared by residents. They are usually used for a variety of community purposes and will be supported by the local planning authority especially where they are suitably located. Policy WB SA4 Proposals for educational land or premises being used for community purposes will normally be permitted if the use and location are appropriate for the activity. TOURISM Tourism in Wait-A-Bit is non-existent. This is due to the fact that there are no historical sites or beaches in the area. There is also no craft markets or local craft industries located near by or other forms of tourist attractions. There is however a cool climate and beautiful scenery which qualifies it as an area of outstanding beauty which should be exploited. Policy WB TO 1 Proposals for small scale tourism activities such as small cabins and hiking trails will be approved as long as they are not detrimental to the environment. WASTE TREATMENT AND DISPOSAL Only specific sections of this Growth area are supplied with an adequate supply of running water. Where this is available it may be possible for residents to install water closets. Otherwise pit latrines are the obvious method of sewage disposal. The choice will be dependent on the distribution of water in the area. Policy WB WTl Methods of sewage disposal will be assessed on an individual basis and the method that is most suitable for the particular ' development will be approved by the local planning authority. JUNE 21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508199 FIFTH SCHEDULE, contd. JACKSON TOWN LOCAL PLANNING AREA Description This section of the Order is intended to make provisions for the orderly and progressive development of that area described in the first schedule as the Jackson town Local Planning Area. Jackson Town is approximately 20 km south-east of the Falmouth Local Planning Area, 6 km east of Clarks Town and 6.5 km North-West of Stewart Town. This Local Planning Area is located on the main road from Clarks Town to Stewart Town and is approximately 20 km2 in area. It comprises settlements such as Nightingale Grove, Berkshire and Bamstable. Jackson Town lies within the Cockpit Country and is a prosperous agricultural area, predominantly used for growing sugar cane. Other small scale agricultural crops are grown such as pepper, banana, yam, corn, pineapple, cassava and coconut. Jackson Town experienced a 34% increase in population growing from 1285 persons in 1991 to 1718 persons in 2001. Based upon this growth rate, projections are that the town will continue to grow. TRANSPORTATION AND TRAFFIC Public Transportation Centre There is no provision for a transportation centre in Jackson Town although the main means of transportation for the residents is by taxis. The operators pick up and let off passengers along the main road and turn around at their destination which is at the end of the growth centre. Even the shortest of rest stops would mean stopping along the road while on route to their destination. Policy J Tl The local planning authority has recognized the exploits of the taxi operators and will seek to remedy the situation through the establishment of a transportation centre in the town. Where lands may not be available for the transportation centre the local planning authority will seek to have the relevant authority provide laybys in the town for the short term parking of taxis. Vehicle Parking The existing commercial buildings do not generate any volume of traffic and as such do not provide any customer car parking spaces. The majority of customers also come from within the area and it is not necessary for them to drive. However, as the economy grows, the situation will change and new developments will have to make provision for that change. PolicyJT2 All new commercial developments and proposed extensions will be required to provide off street car parking spaces for their customers at the rate set out inAppendix 9 and the design criteria in Appendix 11. 350B288 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 Policy J T3 FIFTH SCHEDULE, contd. Where it is impossible to provide parking on the business premises due to physical constraint of the site the building should be so sited that parking can be provided to the front out of the line of traffic. Road Network Jackson Town is served by a main road passing through from Clarks Town to Stewart Town. There are other distributor or parish council roads that radiate from this one, serving other settlements within and outside of the Growth Centre. These roads are maintained by the responsible authorities on a regular basis and are in fair condition. Policy J T4 The local planning authority will seek to ensure the maintenance and improvements of the main and service roads to facilitate the easy movement of traffic in and throughout the growth centre. CONSERVATION OF THE NATURAL ENVIRONMENT Situated in the Cockpit Country the community is one that has a variety of economic fruit trees and other cultivated plants. There is also a vast area of shrub and woodlands. The beauty and preservation of this growth centre lies in the conservation of the landscape. Great care has to be taken when granting permission for buildings and other fonns of development that this is not destroyed. Policy JCl PolicyJC2 Planning permission will not be granted for any form of development that will in anyway result in wanton destruction of the wooded or forested areas. The local planning authority will encourage the landscaping of open areas and the planting of trees along road verges where possible. HOUSING Most of the housing is in good or fair condition. There is no squatter settlement with most people owning their homes, which are owner-built. The need for additional housing units will be filled through private efforts on lands that will be identified for the purpose on the land use proposals map. In constructing such houses regard will have to be paid to the guidelines in the Appendix. Policy J HI Policy J H2 Lands will be identified for residential purposes on the land use proposals map to fill the needs of those who require lots to construct owner built houses. The local planning authority will not permit any housing unit nearer than 15.6 metres from the centre line of the main road. JUNE 21, 2013) PROCLAMATIONS, RULES AND-REGULATIONS 3508261 FIFTH SCHEDULE, contd. URBAN/RURAL ECONOMY The predominant economic activities are agriculture and commerce with limited light industries. Extensive cultivation of sugar cane takes place on both small and large plots ofland and is the major employer oflabour. Commercial activities are confined to a few small shops located at strategic points along the main road supplying grocery and wholesale items, and several bars. Policy J UEl PolicyJUE2 Planning permission will not be granted for the fragmentation oflarge holdings being used for agricultural purposes into small non viable units except in special circumstances and where such units will still have an agricultural component. Commercial activities will be supported as mixed uses along the main road where they will serve the needs of the community and are compatible with adjoining developments and will in no way damage the amenities of the area. SOCIAL AMENITIES A number of social facilities exist in Jackson Town. These include educational and recreational facilities, churches, a post office and an Inland Revenue Department. The open spaces include a football field and an area for other active recreational purposes. There is also a cemetery which serves the needs of the community. PolicyJSAl PolicyJSA2 PolicyJSA3 Developments that would decrease or eliminate any of the social facilities listed above will not be supported unless they are being replaced with a similar facility in the immediate neighborhood. The use of the facilities listed above for other compatible uses will be supported by the Local Planning Authority provided their . individual requirements are met and they would not be out of character with the area. Where social facilities can only meet existing needs the local planning authority will ensure that future developments provide what is necessary to adequately satisfy their demands. WASTE TREATMENT AND DISPOSAL There is no central sewage disposal system in Jackson Town and although the town is experiencing growth it is very unlikely that one will be needed during the life of this Order and probably beyond. Satisfactory methods of sewage disposal which will ensure a safe and sanitary environment therefore rest with the local planning authority and other health related agencies. Residents should therefore consult with them to determine the method to be used before submitting their applications for approval. Policy J WTI The disposal of sewage should conform to the standards required by the local planning authority and/or health authorities. 350B202 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21,2013 FIFTH SCHEDULE, contd. WAKEFIELD LocALPLANNING AREA Description It is the intention of this order to make provision for the orderly and pr9gressive development of that area described as Wakefield Local Planning Area in the first schedule. It is approximately 13.5 km south west offalmouth and lies on the Trelawny/ St. James Parish Boundary. Settlements such as Phoenix, Gayles Valley, Tilston, Friendship and Bunkers Hill are within Wakefield's boundary. This Growth Centre is within the limits of the Cockpit Country and is an agricultural area, growing mainly papayas, sugar cane, citrus (ugly, oranges, etc) and coconuts. Other small scale agricultural commodities are bananas and pumpkins. Wakefield planning area experienced a 70% increase in population in 200 I increasing from 2216 in 1991 to 3779. TRANSPORTATION AND TRAFFIC Public Transportation Centre There is no public transportation centre provided in Wakefield or Bunkers Hill, the next major settlement. As such, taxis which are the main means of public transport, currently park [in Wakefield], at the intersection of the main road with the road leading to Muschett High School, in the town centre to the left of the police station and across the road from there. In Bunkers Hill, the taxis load and unload as they proceed and then tum around at their destination. There is dire need for a transportation centre in Wakefield as the volume of public passenger vehicles traversing the roads is heavy and is increasing rapidly endangering the safety of commuters. PolicyWTl PolicyW T2 The local planning authority will seek to establish a proper transportation centre to accommodate taxis in the centre of the Town but will in the short term encourage the construction of laybys to facilitate the picking up and letting off of passengers thereby ensuring their safety. The local planning authority will provide the maximum practicable scope for the use of road transport by means of seeking road improvements and other measures which are not detrimental to the environment. Road Network Wakefield is served by several categories ofroads in the roads standards including main road, and parish council roads. The Adelphi and Falmouth Main Roads meet in the town and the others radiate from these with several branches serving various • communities. Bunkers Hill is served by a parish council road leading from the centre of Wakefield. These roads are maintained regularly and the surface is in good condition. JUNE 21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B283 PolicyWT3 PolicyWT4 FIFTH SCHEDULE, contd. Maintenance and improvements to the main and other roads will . be supported by the local planning authority in order to ensure that there is free and easy movement of traffic throughout the Growth Centre. The local planning authority will ensure that main transport routes • are provided with laybys to allow public passengers to embark and disembark safely. Vehicle Parking Only a few developments provide on site parking, and where this exists, it is inadequate and in some instances unsatisfactory. New developments are taking place in the town and the planning authority will be insisting on the provision of parking as well as proper standards relating thereto. PolicyWT5 PolicyWT6 All new commercial activities or extensions will be required to provide adequate parking facilities in accordance with Appendixes 9 and 11 and Figures 2 & 5 so as to avoid parking on the street where the flow of traffic could be obstructed. On-street parking will only be allowed where it is not detrimental to traffic flow and safety and where it is environmentally acceptable. CONSERVATION OF THE NATURAL ENVIRONMENT The area is vegetated with fruit trees, other cultivated plants, shrubs and woodlands which is characteristic of Wakefield's location within the Cockpit Country. As such preservation of the natural environment rests in good conservation practices. Absolute care is necessary in this regard when granting permission for development in these areas. Policy WCI PolicyWC2 PolicyWC3 PolicyWC4 Planning permission will not be granted for any development that will result in destruction of ponded, wooded or forested areas. Planning decisions will seek the retention and conservation of woodlands which are important in the landscape or as natural habitats. The local planning authority will protect important wildlife species and habitats on sites where they exist. The character and identity of woodlands will be safeguarded and protected, including small woodlands which are important in the landscape. The planting of indigenous trees will be encouraged in the appropriate locality. 350B284 PROCLAMATIONS, RULES AND REGULATIONS [JUNE 21, 2013 FIFTH SCHEDULE, contd. HOUSING The majority of housing stock is in fair condition with a minority being in a deplorable condition. There is one squatter settlement which is situated around the base of a hill almost in the town centre. The need for additional housing units will be met through private efforts on lands that will be identified and zoned for such purposes in the proposed land use maps. It is hoped that in due course adequate and regulated housing facilities will be available to the squatters and the settlement will be dismantled. Policy W Hl Policy W H2 Policy W H3 Lands will be indicated for residential purposes to fill the future demand of those requiring lots to construct individual homes on the land use proposals map. The local planning authority will not grant permission for any housing unit to be nearer than 15.6 metres from the cent;re line of the main road. The local planning authority will seek to contain the existing squatter settlement and prevent the construction of future houses on the site. URBANEcONOMY The major economic activities in this area consist of commerce and agriculture, with a few light industries. Extensive agriculture especially sugar cane on large tracts ofland is one of the main sources of employment. Commercial activities are confined to a few small plazas, shops and bars located at strategic points along the main roadways supplying internet access, wholesale and grocery items. Policy W UEI PolicyWUE2 PolicyWUE3 PolicyWUE4 Planning permission to allow the fragmentation of large tracts of lands used for agricultural purposes into smaller non farming units will not be granted. Planning permission will be granted to allow commercial activities and other mixed uses along the main road where they are compatible with the existing developments and will not cause damage to the amenities of the area. The local planning authority will take account of practical farming needs when determining the location and design of development of all lands. Proposals which will modernize or improve the shopping role of the town will normally be approved if they comply with access and other related policies. JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B20~ FIFTH SCHEDULE, contd. SOCIAL AMENITIES The Wakefield Planning Area boasts a number of social facilities. These include churches, a cemetery, post offices, a police station, health centres, a library and educational and recreational facilities. There is a large open space which is used as a playing field. POLICYWSAl POLICYWSA2 POLICYWSA3 Planning permission will not be granted for any development that will eliminate or decrease any of the abovementioned social facilities, unless it will be replaced by a facility of equal or greater stature. The Local Planning Authority will support the use of any of the social facilities listed above for a compatible use that will not detract from the original use. In all new housing developments land is to be provided for amenity purposes as set out in Appendix 12. WASTE TREATMENT AND DISPOSAL The area is served with an adequate supply of piped water to which the residents have access in their homes. This facilitates the installation of flush toilets as a means of sewerage disposal for most people. This is important as adequate and satisfactory disposal is required to ensure protection of the environment. PolicyW WTl Description The disposal of sewage should conform to the standards required by the Local Planning and the Health authorities. STEWARTTOWNLOCALPLANNINGAREA Stewart Town Growth Centre is one of the local planning areas where this order will provide guidelines to ensure its orderly and progressive development. It covers an area from ~ private road and track in the west to the Trelawny/St. Ann parish boundary in the east and Parish Council road No. 128 in the south to the Jackson Town/ Stewart Town Main Road in the north. Unlike the other growth centers within Trelawny that had a considerable increase in population between 1991-2001, Stewart Town experienced a decline of 16 per cent moving from a total of733 person in 1991 to 617 in 2001. Although an essential trading point in Trelawny in its former years the town has not realized any major growth in relation to landuse as well as economically. The lack of many services, and job opportunities where agriculture alone to a large extent is not viable, are a few of the factors contributing to the low profile of this rural town. New prospects of development from the mining of bauxite are a possibility, but the adverse effect it may have on the environment and the people is a cause of concern. 3509106 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 FIFTH SCHEDULE, contd. TRANSPORTATION AND TRAFFIC Public Transportation Centre The Stewart Town Planning Area in recent years has been experiencing a decline in population growth and as such there has been a low traffic volume within thJ;J town and its major thoroughfare. There is no public transportation centre for the use of buses and public taxis that come into the area. Although the number is not considerable they should be able to load and unload passengers safely. Provisions should also be made for the on site and off site parking for vehicles accessing new commercial entities. POLICYSTTl POLICYSTT2 Where practical and feasible the local planning authority will seek to encourage the appropriate authority to provide laybys to accommodate and facilitate the use of public transportation Lands adjacent to the police station on Station Road could in the long term, if warranted be acquired for the purpose of constructing a transportation centre if necessary. New commercial development will be required to provide adequate on site parking facilities or where feasible on an alternate site in a suitable ang accessible location to the development. Adequate provisions should however be made for service vehicles on the premises. CONSERVATION OF THE NATURAL AND BUILT ENVIRONMENT The Built Environment Stewart Town is one of the Baptist Free Villages in Jamaica. The area boast a number of early 18th century buildings and sites such as the Webb Memorial Baptist Church, Stewart Town Cemetery and Westwood High School all of which add to the architectural diversity and the historical value of the area. Policy ST Cl In order to preserve the architectural and historical significance of the area, planning permission will not be given for activities which will result in the demolition or alteration of these developments. Where it is necessary to carry out works to maintain the building which would change its character the Jamaica National Heritage Trust will be consulted. The Natural Environment Stewart Town being located on the border of the Cockpit Country it is characterized by a limestone karst geomorphology and is also known for its biological diversity. In a letter to the editor of one of the daily newspaper dated December 26, 2006, the writer expressed her concern of "the fauna of Westwood, the flora of the verdant pastures of Manchester Pen and the surrounding majestic woodlands with their . JUNE21,2013] PROCLAMATIONS, RULES AND REGUIATIONS 350B287 FIFTH SCHEDULE, contd. mahogany, cedar, teak and bullet trees" which would disappear if mining took place in the area. This is an apt description of the natural environment of Stewart Town. POLICYSTC2 The local planning authority will not grant planning permission for any developments which will result in the destruction of flora and fauna or render good agricultural land unusable for such purpose. HOUSING Residential units in the area are mainly single family and are owner occupied. Most of the houses are generally in good condition and are predominantly made of concrete with the exception of a few older type houses made of wattle and daub. Multi-family type development such as town houses and apartments are absent as the town's population does not warrant these type of development. POLICY ST HI New single family detached housing development in the area will be supported where they do not conflict with the agricultural potential of the land. URBAN EcoNOMY Stewart Town over the years has experienced economic decline. This was evident in the number of both abandoned and derelict buildings existing in the town, coupled with the decline in population due to outward migration. This decline has adversely affected its ability to function as a commercial centre. The area is characterized by a small number of shops and bars with amenity services available in the form of a clinic and a police station and a high school. POLICY ST UE 1 Commercial developments which offer lower order goods to the residents of the area and outlying communities will be supported by the local planning authority. Farming plays an important role in the economic livelihood of the residents in the area. The absence of large-scale farming is evident based on topography. This is confined to cultivation of yam, potato and other ground provisions which are restricted to the depressions. • POLICY ST UE2 Agricultural activities will be encouraged in areas where this is possible and the local planning authority will not be mindful of supporting non-agricultural development in these areas. WASTE TREATMENT AND DISPOSAL Stewart Town does not have a system in place for the collection and treatment of sewage. The lack of piped water is one of the main reasons for the prevalence of pit latrines throughout the town. This coupled with the inadequacies in the collection of solid waste is a major concern. 350B208 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 FIFTH SCHEDULE, contd. POLICY ST WTl The local planning authority will support the use of sewage disposal methods once they are recommended and approved by the Natural Resources Conservation Authority and the Ministry of Health. Any pit latrine to be constructed in the area should be of the ventilated improved type or similar quality. POLICY ST WT2 Solid waste should be placed in tamper proof containers for collection by the garbage truck, however, where this is not possible it should be converted compost or buried in such manner that it will not adversely affect the environment APPENDICES APPENDIX 1 GENERAL GLOSSARY In these Appendices "agriculture" means the cultivation of the soil for any purpose, the breeding and keeping of livestock and pond fish, the keeping of apiaries, the use of land for grazing, meadows, nurseries, the growing of economic fruit trees and the use of land for woodlands where this is ancillary to other agricultural activities; "amenity area" means an area within a development which is intended for leisure purposes which may include landscaped site area, communal lounges or swimming pools; "apartment building" means a multi-dwelling building comprising three or more dwelling units with shared entrances and other essential facilities and services and with shared facilities provided for dwelling units; "building line" means a line established from an officially designated centre line or boundary of a street from which all front and street setbacks required under this Order shall be measured and determined; "built up area" means land forming part of the urban area which is either developed, committed for development or the subject of a new land allocation in this plan. It is a policy boundary concept rather than what exists and is the area within which the general presumption is in favour of and outside which it is against development; "commercial development" means development for the provision or supply of goods or service by wholesale or retail; but does not include a warehouse. "countryside" means lands that are outside the built up area; "cubic content" means the volume of a structure or building measured externally; "dwelling house" means a building or part of a building forming a self contained premises designed to be occupied by a single family or household and does not include a building containing one or more flats; JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B209 FIFTH SCHEDULE, contd. Appendix I, contd. "density" means the number of habitable rooms that will be allowed per hectare of land; "ecological sensitive area" means an area which is vulnerable to natural disasters and human impact; "environmental impact assessment" means a study of the environment to detect how a development would impact on the environment in the area in which the development is proposed; "facade" means any exterior surface of a building other than the roof; "flat" means a separate and self contained premises constructed for use as a dwelling and forming part of a building from some other part of which it is divided horizontally; "floor area" means the gross horizontal area measured from the exterior faces of exterior walls or exterior supporting columns for any floor not enclosed by exterior walls together with any floor space provided for mec.hanical equipment, elevator shafts and stairwells at each floor, other than basement space used as car parking facility; "floor area ratio" means the ratio of floor area to land area expressed as a decimal which is determined by dividing the total floor area on a lot by the lot area; "Ground Cover" means the amount of ground covered by hard surface development whether or not it is roofed or unroofed, enclose by walls, or open space used for accommodation or any auxiliary purposes but does not include parking areas; "habitable room" means in residences, any room or space intended primarily for human occupancy other than a kitchen or bathroom; or a storeroom not exceeding 6.5 sq.m. in area, in hotels, hotel bedrooms or for guest or staff; "industry" means one in which the use carried on involves or is incidental to the making of any article or part of any article or the altering, repairing, ornamenting, finishing, cleaning, wasliihg, packing, canning, or breaking-up or demolition of any article or the extraction or processing of minerals; "industry-light" means an industry in which the process is such that it is suitable for location adjacent to or in close proximity to residential development although not necessarily within the area itself; "infill" means the development of a vacant site within a substantially developed area in which the bias is to preserve the status quo; "landscape plan" means a plan which shows the location, species, and size of all major vegetation to be retained, removed, or planted; as well as all other aspects of"landscaping"; 3508210 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 FIFTH SCHEDULE, contd. Appendix 1, contd. "mixed-commercial residential" means a development consisting of a mix of residential, commercial and office activities in which the subordinate commercial and office use is compatible with, and to some extent provides services to the residential development; "Non-conforming use" means the use of a building, structure, land or portion thereof which use does not conform with the use regulations designated for the area in which it is located; "office" means a place in which clerical and administrative work is undertaken or a place used for transacting business; "professional office'.' means a place used by professionals for the practice of their profession; "public open space" means land which is reserved for the use of the public; "quarry" shall have the same meaning as in the Quarries Control Act; "residential density'' in relation to any area, means the number of habitable rooms per hectares and is calculated by adding together all habitable rooms in a selected area and dividing by the acreage; "rural areas" mean lands outside the built up area or coastal .areas; "satellite antenna" means an apparatus designed for transmitting microwave radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus; "Storey" means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above it, then the space between such floor and the ceiling next above it; "strategic gap" means an open area of land where development will be strictly controlled to prevent the coalescence of existing built up areas; "studio" means an open multifunctional unit which serves as a living, sleeping and cooking area along with a bathroom (which may or may not be enclosed) and having a maximum floor area of 350 square feet; "townhouse" means a one-family two or three storey dwelling in series with a group of two or more such dwellings each located on a separate lot and separated from each other by an adjoining fire wall or walls without opening in such walls; "use classes order" means the classes of land use within which certain changes of use may take place without requiring planning permission, as they are deemed not to involve. development; JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B211 FIFTH SCHEDULE, contd. Appendix I, contd. "warehouse" means a building, or land used temporarily for the purpose of storage or distribution of goods and materials; 2. Telecommunications Network-Glossary Base Station means-a structure or structures that consist of transmitters and receivers that are connected to antennas by feeder cables. A base station can be a microcell, macrocell or picocell and can either be mobile or fixed; Co-Location/mast sharing means-The utilization of one site by more than one service provider and/or the utilization of one or more masts by more than one service provider; Exclusion zone means-an area within which radiation exposure guidelines may be exceeded. Zones shall be a minimum of 20m by 20m (65.6ft. by 65.6ft) in size and the phy:sical barrier shall be a minimum of 3 metres (9 .8ft) in height; Macrocell means-A base station that provides the largest area of coverage within a mobile network. The antennas at this station must be positioned at a height, which prevents obstruction from terrain or buildings; Mast/Tower means -a ground-based or roof-top structure that supports antennas at a height where they can satisfactorily send and receive radio waves; Microcell means-base station~ that provide additional coverage and capacity to macrocells. A microcell is usually sited where there are large numbers of users. Antennas are usually mounted at street level Physical barrier means-a fence or wall not less than 3 metres (9.8ft) in height which encloses a base station; Picocell means-a base station, which is normally found within existing buildings and provides more localised coverage than a microcell; Precautionary approach means-before a development is permitted it should be shown that the risk from the development is acceptably low. The lack of full scientific certainty or an absence of information indicating that a risk is unacceptably high should not be reasons to approve development; Radio waves mean---electromagnetic wave of frequencies lower than three million megahertz propagated in space without artificial guide (Radio and Telegraph Control Act); Sound broadcasting-means the dissemination by wireless telephony of sounds of any description but does not include sounds, which form part of a television broadcast; Television broadcasting-means the wireless transmission of visual images or pictures, together with any sounds broadcast for reception along with those images or pictures. 350B212 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 FIFTH SCHEDULE, contd. APPENDIX2 LIST OF URBAN COMMUNITIES The town of Falmouth is the parish capital and the main commercial and administrative centre which provides goods and services to the Parish of Trelawny especially the northern section. Duncans which is located to the east of Falmouth is the next most popular with the famous Silver Sands Resort and other service facilities located there. Clarks Town is in the heart of the sugar cane area and plays a key role in the industry while Albert Town is a fast growing agricultural community in the southern section of the parish. Development policies and guidelines have been prepared for all the centers listed below. (a) The Greater Falmouth Area; (b) Duncans; (c) Clarks Town; (d) Wakefield; (e) Jackson Town; (t) Stewart Town; (g) Duanvale; (h) Albert Town/Ulster Spring; (i) Wait-A-Bit. APPENDIX3 SCHEDULE OF NATIONAL MONUMENTS Many monuments and historical sites in the parish are worthy of preservation for the interest of both residents and visitors. The following have been listed by the Jamaica National Heritage Trust as National Monuments: Name Falmouth Court House including Town Hall Parish Church Persian Wheel The Kiln Location Falmouth Falmouth Martha Brae Falmouth JUNE21, 2013] PROCLAMATIONS, RULES AND REGULATIONS FIFTH SCHEDULE, contd. Appendix 3, contd. Name Orange Valley Ruin, Slave Hospital, Factory, Kiln Parish Pillars Clock Tower Fort Dundas Hampden Great House Green Park Good Hope Bryan Castle Arcadia Mahogany Hall Harmony Hall Stewart Castle Ruins APPENDIX4 Location Orange Valley St. James/ Trelawny Duncans Rio Bueno SITES OF ARCHITECTURAL OR HISTORICAL INTEREST 350B213 The list of sites and buildings which follow indicates areas of particular beauty or having historic, archaeological significance. It is not a complete inventory of all significant sites and structures in the parish but gives an indication of what should be preserved in the carrying out of permitted development works and in the absence of intended development to be conserved. The local planning authority may, after consultation with the Jamaica National Heritage Trust and on the advice or direction of the Authority, add to this list from time to time. Should any item cease to exist the local planning authority may after consultation with the Commission and the Authority and with the express consent of the Authority, remove such item from the list. Sites and buildings of architectural or historic interest are as follows: (a) Garredu; (b) Brampton; (c) Florence Hall; (d) Hyde Hall; 3508214 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 FIFTH SCHEDULE, contd. Appendix 4, contd. (e) Fontabelle; (f) Hampstead Great House; (g) Rock Spring; (h) Settin House; (i) Kinloss; U) Stonehenge; (k) Long Pond; (1) Vale Royal House; (m) Belmora Castle; (n) Georgia; (o) Glamorgan; (p) Oxford; (q) Pantre Pant; (r) Gales Valley; (s) Dundee; (t) Greenside; (u) Orange Grove; (v) Carrick Foyle; (w) Weston Pavel. APPENDIX5 CULTIJRE HERITAGE TOURISM Inventory of natural built and cultural assets that maybe developed City/Town Location Site Name Category Sub-Category Albert Town AlbertTown Albert Town Built Historic Heritage Site Falmouth Falmouth Falmouth Venue Event Falmouth Rock Glistening Natural/ Water Waters Venue Feature/ Events JUNE21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508215 FIFTH SCHEDULE, contd. Appendix 5, contd. City/Town Location Site Name Category Sub-Category Falmouth Town Town Built Historic Centre Centre Heritage District Falmouth Falmouth 18th C Town Built Residential Limits Heritage Falmouth Town Centre Water Built Historic Square Heritage District Falmouth Town Town Hall/ Built Public Centre Court Heritage Building House Falmouth Town Trelawny Built Church Centre Parish Heritage Church Falmouth Town Town Hall/ Built Public Centre Court Heritage Building House Falmouth Town Post Built Public Centre Office Heritage Building Falmouth Town Water Attraction Commercial Centre Front Falmouth Falmouth Fort Built Military Balcarras Heritage Falmouth Falmouth Parish Built Monuments Pillars Heritage Martha Martha Martha Built Historic Brae Brae Brae Heritage District Valley Village Martha Martha Holland Built Industrial Brae Brae Sugar Heritage Valley Estate Martha Martha Holland Built Industrial Brae Brae Sugar Heritage Valley Estate 350B218 PROCLAMATIONS, RULES AND REGULATIONS FIFTH SCHEDULE, contd. Appendix 7, contd. 3. Areas of Scenic Beauty and Scenic Routes [JUNE21, 2013 1. Jackson Town to Kinloss via Albert '.f own, a scenic route into the Cockpit Country. 2. From Falmouth to Catadupa (St. James), a scenic route through the Cockpit Country. 3. Falmouth to Green Park (St. Ann) a good direct route for great scenic interest. 4. Town Parks Where towns are not served by seaside parks or where a supplementary park is required, town parks are proposed to provide an area of open space for community recreation. These parks are as follows: 1. Salt Marsh 2. Duncans 3. Rio Bueno 4. Uriah Rowe Park, Falmouth 5. Roadside Parks At various points along the coast the road reaches positions where extensive views of the headlands, mountains and sea can be established. It is intended to provide a viewing point with seats and a layby for vehicles to enable motorists and others to enjoy the view without impeding traffic. The roadside parks are as follows: 1. Rio Bueno (near church) 2. White Bay 3. Cockle Bar Point JUNE21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B219 Type of Total FIFTH SCHEDULE, contd. APPENDIX8 SCHEDULEOFROADSTANDARDS (All measurements in metres) Road Reservation Carriageway Side Reservation (each side) (a) Service Roads (b) Housing Estate Roads (c) Main Housing Estate Roads ( d) Arterial Roads 9 12 15 30 6 6 8.5 7.5 Total Paved Planted 1.5 3 1.2 Reservation, carriageway, paving and planting may be varied by local planning authority depending on circumstances. 1.8 Paving and plan­ ting may be varied by local planning authority depending on circumstances. 3.25 1.45 1. 8 Paving and Planting may be varied by local planning authority depending on circumstances. See special requirements (2)2.4 shoulders and a median strip, .-Or such ... 350B228 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 FIITH SCHEDULE, contd. Appendix 8, contd. Type of Total Road Reservation Carriageway (e) Arterial Roads where standards of (d) are not required 21 14.6 Side Reservation (each side) Total Paved Planted See special· requirements requirements as the local authority may consider adequate. (2) 3.2 footpaths or such require­ ments as the local planning authority may consider adequate. Standard of new roads and improvements to existing roads will be required to comply with the above Schedule. Roads are in four classes: (a) Service Roads: (b) Housing Estate Roads: ( c) Main Housing Estate Roads/ Parish Council Roads: These are used for direct access to individual lots within a residential area or for access to commercial premises. These are intermediate collector roads for traffic generated by service roads. These are the main roads within a residen~ial area and would normally be used as bus routes or as denser traffic routes or roads which traverse a rural community, connect them to each other or to main or arterial roads. JUNE21,2013) PROCIAMATIONS, RULES AND REGULATIONS 3508221 (d) Arterial Roads: FIFTH SCHEDULE, contd. Appendix 8, contd. These are the main roads which normally carry through traffic between towns and are frequently travelled routes. APPENDIX9 PARKING AND LoADING REQUIREMENTS SCHEDULE OF VEHICLE PARKING REQUIREMENTS WITHIN SITE BOUNDARIES Type of Development. Private Residence (up to two bedrooms) Private Residence (over two bedrooms) Apartment Buildings and Town Houses Elderly Persons Accommodation (Self contained dwellings) Elderly Persons Accommodation (Grouped flatlets) Guest Houses Motels and Hotels Villas Minimum Number ofVehicle • Parking Spaces Required 1 for each individual unit. 2 for each individual unit. 1.25 for each individual unit. 2 per three units. 1 per three one bedroom units. 1 for each 2 guest unit plus 1 for each 4.5 square metres of public dining room. • 1 for each guest unit plus 1 for each 4.5 square metres of public dining room. 1 coach parking space per 50 bed spaces in hotels. 1 per 2 bedroom villa 2 per 3 bedroom villa 350B222 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 Type of Development Hostels for students Civic Administration Building, Office Building, Libraries Museums & Art Galleries Shops, Stores, Supermarkets Markets Restaurants Take-Away Fast Food Shops Industrial Buildings used for manufacture floor or storage Dance Halls, Clubs and Bars FJITH SCHEDULE, contd. Appendix 8, contd. Minimum Number of Vehicle Parking Spaces Req~ired 1 space for every 4 units plus 1 space per 2 full-time members of staff. 1 for each 20 squares metres of floor area inclusive of storerooms plus 1 space per unit for staff parking where the building is divided into smaller units. 1 space per 30 square metres of public display space. 1 for each 20 square metres of gross floor area inclusive of storerooms plus 1 space per unit for staff where the building is divided into smaller units. (The same applies to shopping centres). To be assessed individually. 1 for each 4.5 square metres of public dining room. 6 spaces per unit, plus 1 for each 4.5 square metres of dining area or public dining room 1 for each 185 square metres of floor area including office space, plus provision for trucks as indicated in vehicle loading requirements. 1 space per 2 square metres of public floor area or each 4 seats. JUNE21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B223 Type of Development Games Buildings Public or Exhibition Halls Cinemas, Concert Halls, Theatre Primary Schools Secondary Schools Post Secondary Institutions (Colleges, Universities etc) Hospitals Clinics/Health Centres Group medical, Veterinary or Dental Practices Creche, Day Nurseries or Day Care Centre Assembly Halls, Auditoriums, City and Town Halls, Court House, Lecture Halls Place of public instruction FIFTH SCHEDULE, contd. Appendix 8, contd. Minimum Number of Vehicle Parking Spaces Required 1 space per 3 staff members plus 1 space for every 10 square meters of exhibition area. Town Centre locations, 1 space per • I O seats. Other locations-I space per 5 seats. I space for every 5 Teachers. I space for every 5 Teachers, plus I space for every 3 non Teaching staff. 1 space to be provided for every 2 members of staff plus 1 space for every five (5) full-time equivalent students in addition to administration requirements. 1 space for each 4 beds (2 for each bed). 3 space for each practitioner. 2 spaces per practitioner. I space per 3 staff members plus an area for setting down and picking up of children. 1 for each 8 seats 1 space per 7 seats plus one parking space for each 4.5 m2 of floor area in assembly religious rooms with movable seats or 1 space per 10 square metres if no permanent seat is provided. 3508224 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21;2013 Type of Development Petrol Filling Station Golf Courses Tennis/Badminton Parking for Disabled FIFTH SCHEDULE, contd. Appendix 8, contd. Minimum Number of Vehicle Parking Spaces Required 5 car parking spaces per service bay plus a minimum of 3 car parking spaces up to a site area of 500 square meters and an additional' space for each additional 250 square meters. 4 spaces per hole. 4 spaces per court. In all parking areas for developments open to the public consisting of3-l 9 spaces-at least 1 space; 20 spaces or more-a minimum of 5% of the total number of spaces. VEHICLE LoADING REQUIREMENTS WITHIN SITE BOUNDARIES Types of Building Shops, Showrooms, Stores, Markets Hospitals Industrial Buildings used for manufacture or storage Number of Loading or off-loading bays 1 for each building up to 930 square metres plus 1 for each 1,850 square metres of floor area in excess of 930 square metres to a total of 3. 1 for each 930 square metres thereafter. I for each building up to 460 square metres plus 1 for each 930 square metres of floor area in excess of 460 square metres to a total of 3. I for each 460 square metres thereafter. Note: The design, layout and landscaping of Parking Areas shall be in accordance with Appendix 11 and Figures 2, 3, and 5. JUNE21,2013J PROCLAMATIONS, RULES AND REGULATIONS FIFrH SCHEDULE, contd. APPENDIXl0 GUIDELINES FOR THE PROPER SITING AND DESIGN OF PETROL AND OIL FILLING STATIONS 350B225 1. Stations should be located at a minimum of 152.4m from any public institution such as schools, churches, public libraries, auditoriums, hospitals, public playgrounds, etcetera. 2. Area of land to be developed should be sufficient to allow manoeuvring of vehicles within the site boundaries but should not be less than 1858 square meters with a minimum frontage of 30.5m on the primary street. Where the site is part of a functionally integrated commercial or industrial complex the size may be reduced . to not less than 1120 square meters. 3. Filling Stations will not be allowed in any area where traffic situation is such that it will cause obstructions in entering or leaving a station or on tight curves where visibility is not adequate. 4. Vehicular access or egress or crossover should be reasonably safe with adequate approach distances .especially where main roads and intersections are involved. 5. Wherever possible, stations should be erected on level rather than sloping site to prevent rolling of discarded materials such as cans, drums, et cetera. 6. When sited in shopping centres, stations should be located in an isolated area of the development as long as planning criteria are met e.g. set back. 7. Environmental impact on streams, lakes, ponds, aquifer, et cetera, will be taken into consideration. An Environmental Impact Assessment may be required from the applicant. 8. Buildings are to be located a minimum of 12.20m from road property boundaries to provide adequate area for manoeuvreing of vehicles in the service area. 9. Canopies and supports over pumps and service equipment when located less than 6m from interior residential lot lines or building or structure should be constructed of non-combustible material. 10. Petrol pumps shall be located a minimum of 30.48m from any residential build~g. 11. No fuel pumps or other mechanical equipment shall be installed so as to permit servicing of motor vehicles standing on a public street or highway. 12. All service areas should be paved to avoid dust nuisance. 350B226 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 FIFTH SCHEDULE, contd. Appendix 10, contd. 13. Exterior design of the building should be compatible with adjacent development and should be such that it is not detrimental to property values in the area. 14. In a residential area a landscaped open area 3.0m wide shall be provided along the rear property boundary and 4.6m wide along the side property boundaries, and be separated from paved area by kerb or other barrier. 15. Where the site adjoins the side of, or rear boundary of a residential lot, a solid wall 3 .Orn in height should be constructed and maintained along that lot boundary. 16. A raised kerb of at least 15cm in height should be erected along street property lines except for driveway openings so as to prevent operation of vehicles on sidewalks, and to define entrance or exit points. I 7. Signs should be in accordance with the advertisement Regulations and should be located so as not to reflect the sun into the face of motorists and should be large enough so that they can be seen from a reasonable distance at a reasonable speed. 18. Each tank shall be vented to the atmosphere outside of buildings by means of an independent vent pipe which should not be less than 3.65m in height or 0.6m above the top of the nearest adjacent building. 19. All volatile flammable liquid storage tanks shall be installed below ground. 20. Integral containers of adequate design and capacity should be provided for solid waste, such as discarded cans, bottles, etc. 21. Proper facilities for storage and disposal of used and waste oil and gas must be provided. 22. Waste water from the washing of motor vehicles etcetera and sewage disposal should be to the satisfaction of the Health Authorities. 23. Fuel should be stored in double walled container with leak spillage and over fill detection system to minimised leakage and prevent contamination of ground water and the material of the tank is to be coated to avoid corrosion. 24. A secondary containment should be in place to contain any spills or leakage and should have a volume of not less than a hundred and ten percent of the volume of the tank itself. 25. Normally no access to nor egress from a filling station shall be closer than 45.72m to any road intersection or sharp comer, or 7(>.2m from the intersection of two main roads. 26. Tank access chambers and filling points should be liquid tight to prevent accidenta! spillage from entering the ground around the installation. JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 3508227 FIFTH SCHEDULE, contd. Appendix 10, contd. 27. The surface around the road tanker discharge area and around the vehicle filling points should be liquid tight, and the area drained to a petrol/oil separator to prevent product from entering off-site drainage systems. APPENDIX 11 THE DESIGN OF PARKING FACILITIES 1. The condition governing the design of parking facilities (see figure 3) for enclosed and unenclosed parking is an unobstructed rectangular minimum space of 5.5m x 2.Sm for each car, so, however, that (a) where parking is parallel to the kerb, the length of the car parking space shall be increased to 6.7m; (b) where a vehicle can overhang the kerb by 0.6m and such overhanging does not seriously limit the use of a sidewalk or other access, the length of the parking space may. be reduced to 4.88m; ( c) where the use of one car parking space is limited on both sides by a wall or column, the unobstructed width (face to face of obstruction) of the parking space shall be 3.0m or if a door opens into the parking space on its long side, 3.36m; ( d) where the use of one parking space is limited on one side by a wall or column, the unobstructed width (face to face of obstruction) of the parking space shall be 3.0m; ( e) the minimum width of a parking aisle shall be 5 .Sm except where parking is provided at a lesser angle to the aisle than 60 degrees and access is one way only, in which case the following aisle width shall apply. Angle of Parking 30 degrees 45 degrees 60 degrees Minimum Aisle Width 3.36m. 3.97m. 5.49m. 2. In the case of parking garages with columns, care must be taken to ensure proper moving of vehicles and in no case should a column project into a minimum parking space aisle. 3. For parking garages, carports and parking areas, the maximum gradient and the maximum cross slope shall be 1 in 20. 4. In certain types of developments, developers will be required to provide loading and off-loading bays within the curtilage of the site. 350B228 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 FIFTH SCHEDULE, contd. Appendix 11, contd. 5. Each bay shall have an unobstructed rectangular space 6.7m by 3.0m and reasonably vehicular access shall be provided to each bay. 6. The parking provision for disabled drivers should be as indicated in Figure 2. 7. Construction, layout and landscaping of parking areas should be in accordance with Figures 2, 3 and 5. APPENDIX 12 RESIDENTIAL DENSITY - STANDARDS AND CONTROLS Requirements Residential density is used as a control over the physical intensity and bulk of buildings and indirectly as a control on the number of people living on a particular site. Since the actual occupancy of unit of accommodation is a variable that is dependent upon such factors as tenure, size and mix of units of accommodation density is best expressed in terms of habitable rooms per hectare rather than persons per hectare. While density is useful in assessing proposals, other requirements such as adequate amenity space, ground cover, floor area ratio, security, privacy and car parking spaces will be taken into consideration. The general appearance of the building, distance to adjacent development and established character of the area will also be considered. In calculating density all the rooms in a dwelling are regarded as habitable rooms except for kitchen and bathroom. Landings, stairs, passages and storerooms are also excluded. However where a bedroom room is large enough to be converted into two or more habitable rooms it will be counted as such for density calculation purposes. Where the proposal is for a site with an existing building the density of the development should be calculated as follows and shown on the drawings a) density for the whole site including habitable rooms in the existing building plus the new proposal; b) density for the existing building on its reduced site area; c) density for the new proposal on its new site area; Low densities may be appropriate for residential development where the site is of irregular shape, the adjacent buildings are low rise, where there are trees or other natural features to be retained, where it is in a conservation area or where another use is involved. Security Public safety and security should be given attention in the design, layout and lighting of developments, especially as it affects the needs, of women, children, the elderly and disabled persons. JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B229 FIFfH SCHEDULE, contd. Appendix 12, contd. Where possible footpaths, play areas, and car parks should be well lit and should be overlooked by habitable rooms or kitchens. Footpaths should have a clear view through to public areas without any blind comers. Rear access ways to dwellings should be avoided as should access through a block of flats or between houses to other flats. Play areas should be located so that they can be overlooked from nearby dwellings, but well separated from roads and parking areas; and landscaping should include low shrubs, ground cover and well sited trees to avoid creating hiding places. Privacy and distance between buildings Town House and apartment buildings require an area of privacy either for the outdoor use of the occupants of a particular unit or to provide privacy from passers­ by. This area is known as the privacy zone. The remainder of the open area where no privacy zone is required maybe used for communal pedestrian purposes by the occupants of the project. The yard depth and privacy zone requirements may vary depending upon the form of housing and on the use of the rooms having principal windows overlooking the area. Each dwelling unit in a horizontal multiple housing shall have one yard area which serves as a private outdoor living area for the occupants. This is normally associated with the living room, but to allow flexibility in design, the private outdoor living area may alternatively be located adjacent to a dinning room, study lounge or a kitchen which is combined with one of the above uses. A privacy zone should normally not be less than 4.5 metres deep. Outside a window of a habitable room the minimum distance to a wall or building should be 7.5 metres. Minimum distance between two storey building front (or back) elevation is 10.5 metres with the condition of 20 metres distance to the next two storey building from its opposite back (or front) elevation. A outdoor area adjacent to a non-habitable room shall have a minimum depth of 1.2 metres plus O .6 metre for each storey above the storey or partial storey at ground level. Minimum distance between building in excess of two storeys should be twice the height of the building measured on the side or front ( or back) elevation to a maximum of 30 metres. The minimum distance between two end elevations of two apartment buildings should be 1.2 metres plus 0.3 metre for each storey additional to the storey or partial storey at ground level to a maximum of 3.5 metres. This is not applicable if the end elevation has the only window of a habitable room. If so the distance should be minimum 7.5 metres. Along either front or back elevations there should be a privacy zone of appropriate length. 350B230 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 FwrH SCHEDULE, contd. Appendix 12, contd. For distance between buildings of different heights, the height of the highest one dictates the distance of parking from habitable room windows. Amenities (i) Single Family Detached Development: In housing developments,' space such as parks, playgrounds and sports fields are needed as part of the public areas. To ensure that this need is satisfied, in all new residential area in excess of 10 lots usable lands must be reserved for the above community non-residential needs at the minimum rate of one hectare to every one hundred (100) dwelling units. Such land should be landscaped initially and otherwise be developed. • • The land reserved for public use should not be pieces left over as unsuitable for development of houses. It is important that the land is on usable ground and also that it is properly located within the neighbourhood so that it can be conveniently used for the required public purpose. Consideration should also be given to the provision of large open spaces rather than several small ones although a mix is acceptable where there is a parcel large enough to accommodate a normal size playing field. (ii) Multi-Family Development: Space must be set aside for recreational and landscaping purposes different from the land reserved for the building, car parking, driveway areas, foot paths, accessory building, private outdoor area and ancillary uses where required. This referred to as the amenity area will normally be a portion of the total site, but may also include swimming pools, communal lounges and other areas within the site which, in the judgment of the planning authorities, can be used for general recreational purposes. The minimum common "amenity area" for each unit should be provided as follows: Studio Unit 15 square metres. One-Bedroom Unit 30 square metres. Two or more Bedroom Unit 60 square metres. Landscaping In new residential developments such as Town Houses and Apartments a site plan will be required showing the accurate position of all existing trees and shrubs and those that are proposed to be removed. JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B231 FIFTH SCHEDULE, contd. Existing trees and shrubs should, where possible be protected during the construction period. Applications will not be considered in outline if the development or the area in which it is to be located is felt to be environmentally sensitive. APPENDIX 13 CAVESOFTRELAWNY The following caves have been plotted , where possible, using the 1 :50,000 metric sheet series I : 1700 1750 Armstrong Pit Trelawny 1703 1877 Hope River Glade Caves Trelawny 1704 1877 Salmon Cave Trelawny 1707 1930 Deeside River Cave Trelawny 1707 1930 Deeside Risings Trelawny 1708 1776 Cawley Well Trelawny 1712 1780 Saucy River Cave Trelawny 1728 1833 Ed's Lost Rack Pit Trelawny 1728 1833 Innfrwell Fissure Cave Trelawny 1732 1833 Linda's Mini-Pit Trelawny 1732 1833 Killer Corkscrew Pit Trelawny 1734 1841 Stephenson Cave Trelawny 1734 1830 Undemose Cave Trelawny 1734 1838 Marta Tick Cave Trelawny 1734 1829 Rolling Rock Pit Trelawny 1734 1840 Bonafide Cave Trelawny 1734 1824 Wandering Well Trelawny 1735 1822 Hole-In-The-Wall Pit Trelawny 1735 1819 Jabbering Crow Pit Trelawny 1735 1827 Gremlin Cave Trelawny 1735 1838 Glade Fissures Cave Trelawny 1736 1817 Crescent Pit Trelawny 1737 1815 Tamarind Pond Hole Trelawny 1740 1814 Road-Side Pit Trelawny 1744 1917 Dromilly Cave Trelawny 1745 1802 Belmore Castle Hole-2 Trelawny 350B232 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 FIFfH SCHEDULE, contd. Appendix 13, contd. 1853 1780 White Cave Trelawny 1856 1948 New Forest Cave- I Trelawny 1856 1948 New Forest Cave -2 Trelawny 1856 1765 Hector's River Sink -2 Trelawny 1856 1765 Hector's River Cave Trelawny 1856 1765 Hector's River Sink-4 Trelawny 1856 1764 Sinkfield Holes Trelawny 1859 1768 Hector's River Sink-I Trelawny 1872 1841 Comb Cave Trelawny 1872 1948 Southfield Cave Trelawny 1887 1954 Stanford Cave Trelawny 1887 2021 Stewart Castle Cave Trelawny 1888 1842 Too Far Stream Cave Trelawny 1890 1844 Good Hope One Cave Trelawny 1890 1833 Cane Patch Sink Trelawny 1890 2025 Johnson Cave Trelawny 1893 1841 Mouth River Sink Trelawny 1893 1837 Harties Cave -2 Trelawny 1893 ·1841 Mouth Maze Trelawny 1893 1837 . Harties Cave -1 Trelawny 1893 1847 Good Hope Two Cave Trelawny 1893 1850 Far Enough Cave Trelawny 1896 1835 Printed Circuit Cave Trelawny 1896 1838 Pool Cave Trelawny 1896 1841 Crayfish Cave Trelawny 1897 1834 Fannyard Cave Trelawny 1899 1841 Iron Maiden Cave Trelawny 1899 1841 Good Hope Cave Trelawny JUNE21,2013] PROCLAMArIONS, RULES AND REGULATIONS 350B233 FIFTH SCHEDULE, contd. Appendix 13, contd. 1899 1942 Kinloss Shelter Trelawny 1899 1838 SwangaCave Trelawny 1899 1942 Cole Fissure Cave Trelawny 1902 1850 Burnt Hill Caves Trelawny 1903 1838 Carambie Cave Trelawny 1908 1674 East Hole Trelawny 1910 1870 Ramgoat Cave Trelawny 1911 1874 Agony Hole Trelawny 1911 1S4 South Hole Trelawny 1911 1873 Mirk Pit Trelawny 1914 1698 Barbecue Bottom Hole- I Trelawny 1914 1898 Barbecue Bottom Hole-2 Trelawny 1921 1927 Campbells Cave Trelawny 1927 2024 Stoney Hill Cave Trelawny 1930 2030 Johnson's Pen Cave Trelawny 1936 1813 Hell Cave Trelawny 1942 1832 Dalesmans Cave Trelawny 1942 1826 Terry Head Cave Trelawny 1945 1832 Fountain Cave Trelawny 1945 1944 Montieth Cave Trelawny 1945 2021 Victons Cave Trelawny 1948 1829 Bristol Cave Trelawny 1948 1835 Glory Hole Trelawny 1948 1771 Litchfield Cave Trelawny 1949 1824 Quashies River Cave Trelawny 1950 1828 Murrow Hole Trelawny 1950 1870 Alps Spring Cave Trelawny 1951 1832 Quick Owl Gully Cave Trelawny 3508234 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 FIFTH SCHEDULE, contd. Appendix 13, contd. 1951 1836 Sods Hole Trelawny 1951 1829 Jezebel Hole Trelawny 1952 1839 Campbell's Glade Sinks Trelawny 1953 1865 Alps Cave Trelawny 1954 1835 Sploosh Pot Trelawny 1956 1876 Alps Sink:hole Trelawny 1960 1884 Croydon Mountain Cave Trelawny 1960 1880 Snake Hole Trelawny 1981 1752 Lowe River Caves Trelawny 1987 2025 Braco Cave Trelawny' 2000 1910 Ashley Hall Cave Trelawny 2003 2023 Hall & Hill Cave Trelawny 2012 1893 Arcadia Cave Trelawny 2018 1899 Drip Cave Trelawny 2021 1902 Belmont Cave Trelawny 2024 1920 Old Man Cave Trelawny APPENDIX 14 INFORMATION TO BE SUPPLIED WITH SUBDIVISION APPLICATION SCHEMEPLAN Every Scheme plan prepared for the purpose of a subdivision shall show­ (a) the whole of the land being subdivided; (b) the type of development and the several allotments and their areas, dimensions, and numbers in sequence; ( c) the proposed phasing and seeding if any; ( d) contour lines with respect to residential subdivision especially where the terrain is most uneven and difficult; ( e) surface water drainage details; (t) scale to which the plan is drawn; (g) existing roads, reserves, access way and service lanes; JUNE21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 3508235 FIFTH SCHEDULE, contd. Appendix 13, contd. (h) the layout of the proposed roads and their approximate grades, the proposed reserves, access ways and service lanes; (i) all those lands which are either affected by existing easements or to be affected by easements which are created; (j) the nature of all easements whether existing or to be created; (k) the relationship of the proposed scheme with adjacent land or development whether or not under the control of the applicant or owner; (I) such information as suffices to identify any particular road such as names, letters, or numbers; and (m) such other particulars as may be required in writing by the local planning authority. Location Plan A location plan is to accompany each scheme plan showing the position of the subdivision in such a manner as to facilitate mapping and location on ground. Such a plan should: ( a) show the nearest places of importance to and from which any road leads; (b) show definable and easily recognizable marks on earth together with necessary data such as distance from nearest mile post; APPENDIX 15 SUBDMSIONA.sSESSMENTCRITERLAI The planning authority will take into consideration /the following criteria in assessing subdivision applications; (a) whether or not closer subdivision or settlement of the land shown on the scheme plan is in the public interest, or the land for any other reason whatsoever is suitable for subdivision or it is premature having regard to the provision of essential engineering and social services; (b) if adequate provision has been made for the drainage of any allotment or the disposal of sewage therefrom; ( c) · if the subdivision would interfere with or render more difficult or costly the carrying out of any public work or scheme of development which is proposed or contemplated by the Government of Jamaica or any local authority; ( d) if the proposed subdivision conforms to recognised principles of town planning; ( e) if there is adequate information given concerning the proposed co­ ordination with adjacent land and its development and services;. 350e236 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 , FIFTH SCHEDULE, contd. APPENDIX 16 GENERALDEVEWPMENT STANDARDS FOR TELECOMMUNICATIONNEIWORK Size of site for base station for free standing structure 1. No base station shall be less than 400 square meters (1312.3 square ft.) for self-support towers. Set back for free standing structure 2. The foremost part of each Mastlfower shall be a minimum distance of 6.1 meters (20 feet) from the physical barrier. Exclusion Zone 3. Exclusion zones shall be determined and defined by acceptable physical barriers and appropriate grating. Zones shall be a minimum of20m by 20m (65.6ft by 65.6ft) in size and the physical barrier shall be a minimum of 3 meters (9.8ft) in height within the cartilage of the site. Height of tower 4. The minimum height of self support towers/masts shall not exceed 45. 72 meters (150ft) within urban areas. 5. All masts/towers over 30 meters (98.4ft) must comply with the stipulation of the Civil Aviation Authority and Spectrum Management Authority. For rooftop structures, the height of the building must constitute a part of the measurement. Signage 6. Readily identifiable signage warning the public to "Keep Out", who the operator/ s of the site are, their emergency contact numbers shall be posted at a conspicuous position at the site. Parking and Access to site 7. Sites must be adequately sized to accommodate the manoeuvering and parking of not less than two service vehicles on site. Access way shall be a minimum of 4.6m (15ft) with parking bays being 5.5 by2.4m (18 by 18 feet) wide. 8. Emissions from any apparatus associated with a base station shall conform to Natural Resources Conservation Authority (Industrial Air Quality) Regulation 2004. 2. INFORMATION ACCOMPANYING APPLICATION A Consultation Information (i) Result of consultation conducted by operators shall be submitted along with the application as an accompanying statement. (ii) The nature of the consultation undertaken for example, community meetings, serving of notices in the press etc. JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 3508237 FIFfH SCHEDULE, contd. Appendix 16, contd. (iii) The time, date and place where the consultation was held must be stated. (iv) List of consultees. B. Site/Location (i} Coordinates to specify site location shall be provided at (ii} projection WGS 84 JAD2001. APPENDIX 17 VISIBILIIY SPlAYS Visibility splays are the angles of visibility which are designed at all major road intersections. They are intended to facilitate the unobstructed vision of motorists from one street onto the other, thereby minimizing the risks of accidents. Suggested visibility splays in relation to street type are listed below: Total Road Width 'Iype (m) Service Road 9 Estate Road 12 Main Estate Road (spine or collector) 15 Main arterial road (adjacent residential 21 areas) ROAD VISIBILITY SPLAYS AND SIDEWALKS RESERVATIONS SIDEWALK RESERVATION Carriage Total Way(m) (one Paved Planted side) (m) 6 1.5 - 6 3.0 1.2 1.8 8.5 3.25 1.45 1.8 14.6 3.25 1.45 1.8 Dual Visibility Splay Splay Distance Angle (m) (Degrees) 45 1.8 45 3.0 30 3.0 30 2.1 3508238 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 FIFTH SCHEDULE, contd. Appendix 17, contd. Shoulders Density Shoulders are required to support the paved surface of the road and to provide areas for safe emergency stopping of vehicles. They should never be used as permanent parking places for vehicles. The construction of shoulders should be done as carefully as the construction of the main paved area of the road except that shoulders on access roads would not normally be paved. Unpaved shoulders should be properly grassed and maintained, as if they are not, storm water may enter the road base and affect the stability of the road. APPENDIX 18 GUIDELINES FOR HOTEL DEVELOPMENT The density for hotel development will be calculated on the basis of the number of guest rooms or habitable rooms per hectare. A guest room is a hotel bedroom together with bathroom and all the ancillary accommodation normally necessary in a resort hotel. Dwelling houses or resort apartments will be based upon the number of habitable rooms per hectare (see definition). Factors that will be considered in determining the density of a development are: • The availability of utilities such as water, sewerage facilities, etc. • The availability of good transportation links such as roads. • The amount of beach frontage available. • Whether or not it is prime inland site. • The total area of the site. Densities for dwelling houses or resort apartments will range from a low of 37.5 habitable rooms per hectare to a high of 75 habitable rooms per hectare along the coastal areas depending on the level of infrastructure available, and a maximum of 75 habitable rooms per hectare inland. The ground cover will range from 15 per cent maxim~ and the plot ratio 20 per cent. The density of hotels will range from 18.5 guest rooms per hectare (7.Shra) in environmental sensitive coastal areas to a maximum of 37 .5 guest rooms per hectare (15hra) in other coastal and inland areas, depending on the level of infrastructure available. JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B239 FIFTH SCHEDULE, contd. Appendix 18, contd. The ground cover will be 15 per cent maximum and the plot ratio 15 per cent . maximum for densities at I 8.5 guest room's ph and 20 per cent for both at 37.5 guest rooms per hectare. Where the proposal is part of another development such as a golf course the density will be calculated over the area that the buildings occupy rather than the total site area. Access Access points to hotels should be located so as to minimize turning movements across traffic where possible they should be located on service roads where the volume of traffic is less. Height Accommodation located on the beach will not be allowed to exceed three stories in height plus pitched roof if desired subject to a ridge height of 12m (40 ft) above mean sea level. However, in areas where the hotel is to be located on parcels of land exceeding 4.0 hectares in area higher buildings may be allowed. This will depend on the character and design of the building in relationship to the surrounding areas and other material consideration. Only low rise resort development will be encouraged along the undeveloped coastal areas outside of the built up areas. Setbacks Setback from the high water mark should be in conformity with the guidelines in figure 4 as the terrain and other conditions along the coast differ. No building should be located within 12 metres of a road boundary and side boundaries should be a minimum of 3. 7m for buildings up to three floors, An additional 1.5m is to be added for each extra floor in excess of three floors. This could vary depending on the size and location of the site, the character of the surrounding area and the height of the building. Parking This should be on site and conform to the requirements set out in the parking standards in terms of requirements, design and landscaping. Site Planning Considerations Development must satisfy the requirements for ground (or plot) cover, plot (or floor) ratio, building height and habitable rooms or guest rooms per hectare whichever is relevant. The standard for guest rooms per hectare is based on normal space standards for central and ancillary facilities in resort hotels. Where these fall below the normal, adjustments will be made by the planning authorities in the number of guest rooms so that it is in confonnity with allowable densities in the area. 3508240 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 FIFTH SCHEDULE, contd. Appendix. 18, contd. The local pJanning authority may exercise control over issues other than density such as the provision of parking and aesthetic concerns in the processing of applications. In urban areas hotels should have a minimum lot area of 0.4 hectare of land for fifty (50) rooms, however, outside of urban areas the requirement is exp~cted to be higher. APPENDIX 19 ADVERTISEMENT GUIDELINES The display of advertisements, whether illuminated or not, can have a considerable impact on visual amenities. This is evident along main roads especially in rural areas and on buildings and open spaces in urban areas. This is evident along main roads in rural areas and on buildings and open spaces in urban areas. The local planning authority will therefor<t pay particular attention to the siting of advertisements to ensure that the character of the country side, individual buildings and streets are not adversely affected. Signs will be controlled in accordance with the Control of Advertisements Regulations 1978. Applications will be considered in respect of the amenity and public safety and the following guidelines which have been adapted from the Lambeth Draft Unitary Development Plan (1992) will apply: A General Considerations ( 1) Regard will be paid to the general characteristics of the locality- existing advertisements in the locality will be disregarded in assessing its general characteristics. (2) Advertisements should respect the scale of the buildings or sites in which they are displayed, together with the surroundings. (3) Displays at high levels will normally be resisted, particularly where they affect long range visibility: ( 4) Advertisements will be considered in respect of public safety. (5) The painting of walls as advertising space will not be allowed rather, the use of free standing boards will be encouraged where possible. B Residential Areas 1. Advertising is generally out of place in any predominantly residential locality and will normally not be allowed. C Commercial Areas JUNE21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B241 FIFTH SCHEDULE, contd. Appendix 18, contd. ( 1) All displays must be in scale with the particular building on which they are located and must not conceal any architectural features. (2) A display must not be unduly dominant and the most important criterion will be the overall visual effect upon the entirety of the building and its surroundings. (3) Advertisements must be properly organized and clutter will be resisted. D Declared Buildings and Structures (1) Special consideration will be given to advertisements on or adjoining buildings of architectural or historic interest. (2) Internally illuminated box signs will normally be resisted E Conservation Areas (1) (2) Advertisements will be expected to preserve or enhance the character of Conservation Areas. Signs should normally be located at fascia level and should not damage original mouldings or bracke.ts. Size, design and method of illumination will be carefully controlled. F Illumination l. Illuminated advertisements will be considered in respect of amenity and public safety. (i) Public Safety Regard will be given to possible danger to users and operators of road transport particularly where: (a) The means of illumination is directly visible from the transport system; (b) The colour of the signs may cause confusion with traffic signals or other means of direction; ( c) Brightness could result in glare, dazzle or distraction. (ii) Amenity ( a) the illumination of advertisements at high levels with long range visibility, will not normally be permitted; (b) Flashing or intermittent signs will not normally be permitted. G Unauthorized Advertisements and removal of Displays The local planning authority will take action to secure the removal of unauthorized displays or advertisements which are being displayed with "deemed consent" where it is satisfied that this is necessary to remedy a 350B242 PROCLAMATIONS, RULES AND REGULATIONS (JUNE21, 2013 FIFTH SCHEDULE, contd. Appendix 19, contd. substantial injury to the amenity of a locality or a danger to members of the public. H Hoardings and Poster Boards Advertisement hoardings either free-standing or attached to buildings are generally considered to be unacceptable as permanent features of the street scene, as they detract from the townscape. They will normally be resisted unless they can be advantageously used to screen unsightly building sites on a temporary basis pending development. I Blinds and Awnings {I) In conservation areas, permission will only be granted for retractable blinds which have no adverse impact on the street scene. (2) On listed buildings, blinds will only be permitted where they do not adversely affect the architectural or historic interest of the building. (3) Blinds above the first floor sill level will only be permitted in exceptional circumstances. (4) Where blinds are unsuitably designed, mounted or located, the local planning authority will take appropriate action to remove them. (5) Very bright fluorescent, glossy or metallic finish blinds will not be permitted on listed buildings and in conservation areas. Source:- Lambeth Environmental Services, 1992. Draft Unitary Development Plan, Courtney House, London. APPENDIX 20 AGRICULTURAL LAND USE CLASSIFICATION SYSTEM For agricultural purposes land is classified into the following categories related to agricultural use. Class I This is land which is level with deep fertile soil and no factors limiting its use for agriculture. Class II Land which is suitable for cultivation with moderate limitations such as slope, inter­ fill soils or poor drainage Class III Land suitable for cultivation with strong limitations by one or more of the following factors: Steepness or slope JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS • Infertile .soils • Poor drainage Class IV FIFrH SCHEDULE, contd. Appendix- 19, contd. 350B243 Land that is of marginal use for cultivation due to one or more of the factors listed above Class V This is land that is not suitable for cultivation due to adverse soil factors. It is usually steep land that should be used for forestry or fruit trees. The classification system is of a general nature and in some instances may not be specific enough for detailed planning. Note should also be made of the fact that a classification could be improved by removing one or more limiting factor(s). Care should therefore be taken in the interpretation of agricultural land use and when in doubt, reference should be made to the Ministry of Agriculture. FIGURES FIGURE 1 DENSITY, HEIGHT AND 1.oT COVERAGE FOR MAJOR LAND USES Major Use which is specified Maximum Permissible Floor Area Ratio Maximum Plot coverage(% of net area) Maximum Permissible Height (No. of stories above frontage) Residential (Maximum Habitable Rooms per Hectare) Single-Family Tobe determined by local planning authority residential 3-75 h.rp ha 76-125 habitable 0.5 0.33 0.50 50 33 1/3 33 1/3 2 4 Maximum Green Spaces Required within Net Plot Area(%) 45 45 33 1/3 350B244 PROCL.AMJITIONS, RULES AND REGULATIONS [JUNE21, 2013 FIFTH SCHEDULE, contd. Appendix 19, contd. Maximum Maximum Permissible Green Spaces Height (No. Required Major Use Maximum Maximum Plot of stories within Net which is Permissible coverage(% ·above Plot specified Floor Area Ratio of net area) frontage Area(%) Rooms per ha 126-250 0.66 331/3 6 331/3 habitable rooms per ha 251-375 1.00 331/3 10 331/3 habitable Rooms per ha COMMERCIAL General 1.00 50 2 20 Commercial in business centres? OFFICE Office in 2.00 50 10 20 Business centre Office in other areas 0.50 oras 331/3 2 331/3 indicated in the policy guidelines for the area Industrial 0.50 331/3 2 331/3 Institutional 0.66 331/3 3 50" NOTE Floor area ratio and height of a building will be used to control the quantity of floor space proposed by a development. This is necessary to avoid the over development of a site which could result in excessive strain on the infrastructure in an area. JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B245 FIFTH SCHEDULE, contd. Appendix 19, contd. It is not necessary that all the developments should meet the proposed floor area ratio level indicated as this is a maximum and not a minimum. Where a residential and a non-residential use occupy different sections of a site, the floor area ratio and residential density will be calculated in relation to the portion of the site occupied by each. Where both uses are combined in the same building the residential density will be calculated after subtraction of the area needed to accommodate the non-residential development at the normal maximum plot ratio or vice versa. 350B246 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 FIFTH SCHEDULE, contd. FIGURE2 Parkinf! For Disabled To allm~ fur assiste.d whtelchair users the preferred 111idth ofspccialspaees allocated fur disabled drivers is :l.60tn. minunum 3.20m To allow for ambulant disabled people the preferred width of parlcing spaces is J.OOtn, IDNltllIII 2.80m. While IJWJO~uvpng i;pace may be tight, a width o{J.OOm v.ill in practice. cater for independent wlieelchair users. Wlleekkoiro<m3,6m ..;do moimutri3,ll,i...;a. z.s .. Andmlait "5abln.J.Om Melo l muun,OQJ l~ .. ..;<I,, 1 Um & 5 Dillllllod ~ Dti- llii. . WbeRi adjacent spaces are merved for disal>lcd drivers. an access area 1.20m wide 1111)' be .aw:bd ~n ~ !!,lOUlld to ~te tlllt cm should be ptrked to either !ide. nu. will allow for &Clllm'llil Oll4 Me to the driver's door of I car, and on oth« to·the pas=pr•s door. Car patting spacedbnse by disabled people shoµtd be suitably signposted. To .deter D.OG..diuJW drivm &aai. 1l5iDg the spaces. the intematioml symbol 1111Y be painted QJ1 tho p,'0111.d, with die leaimd "Disabled J)rivisr" 1 JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS PHALt.111, GYaJIAHQ FIFTH SCHEDULE, contd. F1GURE3 Parking Layout □ B D B Sill~ ,.. ;,,,., I E! ·11·· ([I]][] !l►lQ/.; . : ~ \VALL OR COLUMN -'I",. •: O~T. WAYTRAmc 350a241 350B248 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 FIFTH SCHEDULE, contd. FIGURE4 Setbacks From High Watermark StT !JACK f'ffOII I\\IIM SET 11,tCI( FRON 11 W,M If.JM H,WM TIIUl.15..,,.1;4, 1:20 H.W.M, Ul1~JSlnpt I"' dtu 1:20 NOlll.: Sfi'fB,.\(U AR ltSIIWEl.T 'J'O :N. .lU! OPSUlt'mlA.'rA. O('.D.\N(J(ile,APIIJC'· L'ONoirk)ffS. PUNS tut SEASIDE PARKS hie JUNE21, 2013] PROCLAMATIONS, RULES AND REGULATIONS 350B24' FIFfH SCHEDULE, contd. FIGURES Parking Standards 2.44M (8') MiniMUl'I width wo.lkwo.y o.long f o.ce of COMl'lercio.l buildings 1.831'1 (6') sidewo.lk o.t ends of parking bo.ys to fodito.te pedestrio.n access and protect vehicles in end· boy, • ro.ss o.reo. ' r·········-----.... ;.......... ·············j t L ........... ••-••·•• 0 ' ~--· ..... --- ..... . ' ' l ................ . Driveway (T .. ...., tiollic) ' ' ' ' . . ' ........................................ ,· ' ' ' ►---------- ................ .. ' ' ' ' ' ' . . ' ' ' . ' ' Driveway : (To,....,lnli:): ' ' Cc~·=i,~-:~···: ·t:ilW~ I !i(i' a;,«,9,1------1 I lr ~ .22M (4') wide planting -strip between po.rking bays to shade vehicles, screen theM frori view o.nd generally ro.ise level Of O.Menity, 3508250 t ·t I' PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 FIFTH SCHEDULE, contd. 90 degrees -Angled parking design Showing Landscaping FIGURE 5, contd. Parking Standards 1.83M <6') siclewo.lk o. t ends of po.rking bo.ys to fo.cilito. te pedestrlo.n. o.ccess o.ncl pr-otect vehicles In end boy. "f--"a\!ll!la •• ,.,,~ •• :J 1.22M (4') wide plo.nting strip loetween po.rklng bo.ys to sho.de vehicle!;, screen theM froM view o.nd gen-.,ro.lly •l"olse level of aMenity, JUNE21, 2013] t t PROCLAMATIONS, RULES AND REGULATIONS 35QBZSI FIFTH SCHEDULE, contd. 60 degrees -Angled parking design (double bay) Showing Landscaping FIGURE 5, contd. Parking Standards 1.83M (6') siciewo.lk o.t enols of' po.rking bo.ys to fo.cilito. te pedestriun o.ccess o.nci protect vehicles in end loo.y. t Driveway (one-...ay lramc) t 18'-5' C5604J..,eO' [6096 .44M (8') sqo.re pl o.nting beds. 350B252 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21,2013 FIFTH SCHEDULE, contd. Parking Standards 30 degrees -Angled parking design ( double bay) Showing Landscaping t Driveway (e1111-1,a11llelfieJ t 1.831'1 (6') slclewQlk o-t ends ·of parking bClys to facilitate pedestrian o.ccess Qncl protect vehicles in encl loCly. Driveway ( ... -..,,m111c) O' 16098~0' 16098 1.22M (4') wiole plMtlng strip between parking· bays to sho.de vehicles, screen ther1 fror1 view o.nol generally raise level of o.Menity, JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS 350B253 FIFTH SCHEDULE, contd. List of Abbreviations AT /US Albert Town/Ulster Spring Local Planning Area C Conservation of the Natural and Built Environment CA Control of Advertisements er Clarks Town Local Planning Area DU Duncans Local Planning Area DV Duanvale Local Planning Area E Energy Conservation F Falmouth Local Planning Area GD General Development Policies H Housing J Jackson Town Local Planning Area M Minerals Obj. Objectives PFS Petrol Filling Station RAP Rural Area Policies RE Rural Economy SA Social Amenities SP Sectoral Policies ST Stewart Town Local Planning Area TELE. Telecommunication TO Tourism T Transportation and Traffic UC Undeveloped Coast UE Urban Economy W Wakefield Local Planning Area WB Wait-A-Bit Local Planning WT Waste Treatment and Disposal 350B254 PROCLAMATIONS, RULES AND REGULATIONS [JUNE21, 2013 FIFTH SCHEDULE, contd. ACKNOWLEDGEMENTS The Town and Country Planning Authority would like to thank the many persons, Organizations, Institutions, Departments and Ministries for their input to this Development Order. Although it is not possible to recognize all contributions special mention is made of the following: ( l) Alan G. Fincham; Jamaica Underground- A Register of the Caves of Jamaica (2) Albeit Town Development Committee (3) G English, E. Robinson, V. Swaby and J. Williams; Architectural Guidelines for Falmouth. (4) Jamaica: Bauxite vs. the Cockpit Country; @http://www.jamaicans.com/ articles/primecomments/bauxitevscock:pitcountry.shtml (5) Jamaica Information Service; The Handbook of Jamaica for 1964. (6) Jamaica National Heritage Trust; 79 Duke St., Kingston (7) Ministry of Agriculture and Lands; The National Minerals Policy (2nd Draft for discussion Purposes, August 2006) (8) Ministry of Tourism and Sports; Master Plan for Sustainable Tourism Development (9) Ministry of Labour and Social Security; Statistical Bulletin 2002 (10) National Environment And Planning Agency; Development and Investment Manual, Volume 1 Section 1- Planning and Development-Chapter 2. (11) National Environment and Planning Agency; The Development Orders Project Team (12) National Housing Development Corporation; 13 Caledonia Ave., Kingston 5. (13) The National Land Agency; Topographic Base Maps and Land Parcels (14) National Solid Waste Management Authority; 61 Half Way Tree Rd.; Kingston 10. (15) Office of the Prime Minister; Development Planning Unit (16) The Parish Council; Trelawny (17) The Planning Institute of Jamaica; Economic and Social Survey of Jamaica and various other publications. (18) PortAuthorityofJamaica; 15 Duke St., Kingston JUNE21,2013] PROCLAMATIONS, RULES AND REGULATIONS FIFTH SCHEDULE, contd. (19) Members of Staff; Social Development Commission, Trelawny. (20) The Statistical Institute of Jamaica (STATIN); Statistical Data (including Enumeration Districts) (21) The Town and Country Planning Authority; the Town and Country Planning (Trelawny Parish) Development Order, 1980. (22) Town Planning Dept.; The Greater Falmouth Development Plan (23) Various United Kingdom Unitary Development Plans. (24) The Youth Organization and other Stakeholders in the Parish ofTrelawny. (25) Wikipeda, the free encyclopedia Dated at 10 Caledonia Aven1.1:e, Kingston 5, this 21st day of June, 2013. JOHN JUNOR, Chairman, Town and Country Planning Authority PRINTED BY JAMAICA PRINTING SERVICES (1992) LTD., (GOVERNMENT PRINTERS), DUKE STREET, KINGSTON, JAMAICA