Town and Country Planning (Trelawny Parish) Provisional Development Order, 2013 (Confirmation) Notification, 2015 (No. 61A of 2015)
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I THE JAMAICA GAZETTE SUPPLEMENT PROCLAMATIONS, RULES AND REGULATIONS Vol. CXXXVIII No. 61A MONDAY, MAY 4, 2015 ·'· THE TOWN AND COUNTRY PLANNING ACT THE TOWN AND COUNTRY PLANNING (TRELAWNY PARJSH) PROVISIONAL DEVELOPMENT ORDER, 2013 (CONFIRMATION) NOTIFICATION, 2015 .I ' ... 262A No. 32A In exercise of the powers conferred upon the Minister by subsection (2) of section 7 of the Town and Country Planning Act, the following Notification is hereby given: }. This Notification may be cited as the Town and Country Planning (Trelawny Parish) Provisional Order, 2013 (Confirmation) Notiti'cation, 2015. 2. The Town and Country Planning (Trelawny Parish) Provisional Development Order, 2013 published in the Jamaica Gazette Supplement, Proclamations, Rules and Regulations Vol. CXXXVI No. 498 dated Friday, June 21, 2013 is hereby confirmed with the modifications set out in the Schedule. 2628 PROCLAMATIONS, RULES AND REGULATIONS SCHEouLE Modifications to the Town and Country Planning (Tre/awny Parish) Provisional Order, 2013 A. TYPOGRAPHICAL CHANGES [MAY 4, 2015 (Paragraph 2) I. On page 35082. in the sixth line under the subheading "landscaping" insert a comma between the words "trees" and "hedges". 2. On page 35083 (a) under "national monument", delete the words "section 2 of'; (b) under "permitted use class", delete the words "paragraph 6" and substitute therefor "paragraph 7"; ( c) under "preservation scheme", delete the words "under section 21 of' and substitute therefor the word "by"; and (d) under "protected national heritage", delete the words "section 2 of'. 3. On page 35084 (a) delete the words "Use Classes Third Schedule" in the margin note to paragraph 4 and substitute therefor the words "Use Classes Second Schedule"; (b) in paragraph 4( I), in the second line, delete the words "Third Schedule" and substitute therefor the words "Second Schedule"; (c) in paragraph 4(3), in the second line, delete the words "Third Schedule" and substitute therefor the words "Second Schedule"; and (d) in paragraph 4( 4 ), insert next after sub-paragraph "j" the following sub-paragraph "(k) as a place of religious assembly;). 4. On page 350Bi (a) in the third line of paragraph 7( I), delete the words "Fourth Schedule" and substitute therefor the words "Third Schedule"; and (b) in the third line of paragraph 8(1), delete the words "Second Schedule" and the substitute therefor the words "Fourth Schedule". MAY 4, 2015] PROCLAMATIONS, RULES AND REGULATIONS 202c SCHEDULE, contd 5. On page 350B7 (a) in paragraph l0(4Xb) in the first line delete the word "act" and substitute therefor the word "Act"; (b) in paragraph l l (d), in the first line, delete the word "as" immediately following the word "or''; and ( c) in paragraph 13( l) in the fitth line, delete the word "Applicant" and substitute therefor the word "applicant". 6. On page 350B' in paragraphs 15(1) and (i) delete the word "Directions" where it appears and substitute therefor in each case the word "directions". 7. On page 350B9 in· paragraph l 6(d) in the fourth line delete the words "Appendix 3" and substitute therefor the words "Appendices 3 and 4". 8. On page 3508 10 (a) in paragraph l 6(k) insert the word "is" between the words "plant" and "proposed" in the second line; and (b) in first line paragraph ( l ) (i) delete the word "Radius" and substitute therefor the word "radius". 9. On page 3508 11 paragraph 18(l )(e) second line delete the numeral " l 1(1)" and substitute therefor the numeral "13( l )". l 0. On page 3508 12, in paragraph 20 in the second line, delete the word "Directions" and substitute therefor the word "directions". • ;, 11. On page 3508 13 (a) delete the words "Appendix 12" in the fourth line of paragraph 22 and substitute therefor the words "Appendix 14"; (b) in paragraph 25 first line delete the words "paragraph 23" and substitute therefor the words "paragraph 26"; and · (c) in paragraph 26 second line delete the words "paragraph 22" and substitute therefor the words "paragraph 25". 12. On page 350B 14 above Part II delete the heading "LOCAL PLANNING AREAS IN MANCHESTER" and substitute therefor the heading "LOCAL PLANNING AREAS IN TRELAWNY". 13. On page 350B 15 (a) between lines twenty six and twenty seven delete the words "Duncans Local Planning Area"; 2620 r PROCLAMATIONS, RULES AND REGULATIONS [MAY 4, 2015 ScHEDULE,' contd (b) create a new paragraph at line 27 beginning at the word "starting"; ( c) replace the word "starting" at the start of the new paragraph with the word "Starting"; and (d) above•the new paragraph created insert as the sub-heading the words "Duncans Local Planning Area". 14. On page 350822 (a) under "Class 12-Dwe//ing house", delete the brackets "()" in the first sentence ; and (b) under "Class 13-Non-Residential Institutions" in line (b) delete the wordjng in line (b) and substitute therefor the words "as a creche, day nursery, day care centre, health centre or clinic". 15. On page 350826 in the first line of paragraph El delete the word "is" where it appears the second time. 16. On page 350829 in the last line under paragraph A. I (a) delete the words "one meter" and substitute therefor "1.22 metres". 17. On page 3508H delete "(cc)" at the beginning of paragraph (2)(c)(cc)(i) and substitute therefor the letter "( d)". 18. On page 350836 delete "(d)" and "(e)" at the beginning of paragraphs 2 and 3 and substitute therefor the letters "(e)" and "(f)" respectively. 19. On page 350842 in the first line of paragraph·,D.4A delete the words "A.2 (2)(cc)" and substitute th.:refor the words "A.2(2)(d)(i)". 20. On page 350845 in paragraphs A.2 ( l )(cc)(i) delete the letters "(cc)" and substitute therefor the letter "( d)". 21. On page 350846 in paragraphs A.2 (l)(d) and (e) delete the letters "(d)"and "(e)" at the second and third paragraph respectively and substitute therefor the letters "( e )" and "( f)". 22. On page 3508 53 under "Part JO-Telecommunications Operations" delete the numeral "A. I" and substitute therefor the letter "A" in the first line. 23. On page 350854 insert the numeral "A. I" in line with "Development not permitted" and in front of paragraph (a); 24. On page 350B60 in the seventh line under the heading "DRAINAGE" delete· the word "Brea" and substitute therefor the word "Brae". MAY- 4, 2015] PROCLAMATIONS, RULES AND REGULATIONS 262E SCHEDULE, contd 25. On page 350B62 in the first line in the third paragraph under the heading "TRANSPORTATION'' delete the word "Donald". 26. On page 350B66 in the second line under the heading "Policy Tl" delete the letters "FA" and substitute therefor the letter "F". 27. On page 350B61 in the third line in "Obj. Cl l " delete the letters "JNHT' and substitute therefor the words "Jamaica National Heritage Trust". 28. On page 350B69 (a) insert a full stop (period) after the word "ceased" in the third line of "Obj. M2"; (b) remove the words "Obj. M3" in the third line of "Obj. M2" where it appears after the word "ceased"; ( c) create a new paragraph beginning with the word "To" where it appears .in the third line of "Obj. M2"; and (d) to the left of the new paragraph created insert "Obj. M3". 29. On page 350B73 delete the word "instructions" in the first line of the justification for Policy SP T 14 and substitute therefor the word "intersections"; 30. On page 350B 77 in the third line of paragraph 8(1), delete the words "set in" in the third line of "Policy SP T33" and substitute therefor the words 31. "set out in". . ;, On page 350B79, shift the sentence beginning with the words "Due to oversight" in the fifth line under "Policy SP T42" to the left to form the justification for "Policy SP T43", 32. On page 350B82 in the second line of "Policy SP H2" delete the words "Appendix 10" and substitute therefor the words "Appendix 12". 33. On page 350B 1s in the last line of the paragraph above "Policy SP HI 6" delete the word "mix" and substitute therefor the word "mixed". 34. On page 350B16 in the last line of "Policy SP Hl 8" delete the words "in the property" and substitute therefor the words "on the property". 35. On page 350B91 in the first line of the paragraph above "Policy SP C18" insert the word "management" between the words "watershed" and "units". 36. On page 350B 94 in third line of "Policy SP C29" insert �he word "no" between the words "be" and "significant". 262F PROCLAMATIONS, RULES AND REGULATIONS [MAY 4, 201 5 SCHEDULE, contd 37. On page 3508 96 below "Policy SP C40" in the second line of the paragraph insert the word "Jamaica" between the words "the" and "National". 38. On page 3508 103 (a) first line above "Policy SP C72" delete "JNHTC" and substitute therefor the words "Jamaica National Heritage Trust"; and (b) in the seventh and eight lines in the justification for "Policy SP RE3" delete the word "class" and substitute therefor the word "Class". 39. On page 3508 113 shift paragraph immediately above the subheading "Policy SP M 11" to the left to provide justification for "Policy SP M 11 ". 40. On page 3508 121 delete the word "areas" in the first line of "Policy SP T06" and substitute therefor the word "locations". 4 I. On page 3508 124 in the second line of "Policy SP TELE 13" delete the word "cartilage" and substitute therefor the word "curtilage". 42. On page 3508 127 in the justification for "Policy GD7'' delete the word "order" and substitute therefor the word "Order". 43. On page 3508 129 fourth line of "Policy GD15" delete the word "order" and substitute therefor the word "Order". 44. On page 3508 131 in the fifth line of "Policy GD25" delete the words "Appendix 10" and substitute therefor the words "Appendix 12". 45. On page 3508 132 -in the third line of "Policy GD29" delete the words "Appendix 12" and substitute therefor the words "FIGURE l". 46. On page 3508141 in the last line of "Policy UC9" delete the word "nature" and substitute therefor the word "natural". 47. On page 3508 145 insert the word "so" between the words "supported" and "that" in the first line and second line of the first paragraph for the justification for "Policy RAPT'. 48. On page 3508 147 in the third line of the justification for "Policy RAP 16" delete the words "of a chain" and substitute therefor the words "off a chain". 49. On page 3508 150 (a) in first line of the justification for "Policy PFS6" delete the word "then" and the brackets () around the words "a known carcinogen"; and MAY 4, 2015) PROCLAMATIONS, RULES AND REGULATIONS SCHEDULE, contd (b) delete the word "pump" and substitute therefor d "pumps." 50. On page 3508 151 (a) in the first line of "Policy PFS 6" delete "PFS" and s1 therefor the words "Petrol Filling Station"; (b) in the second line of "Policy PF7" delete the wor, Appendix" and substitute therefor "Appendix 19"; (c) in the second line of "Policy PF7" '�nsert the wore Appendices 9 and 11" after the word "ac<::ordance" ; an (d) in the subheading "Policy PF7" delete the numeral " substitute therefor the numeral "FS7". 51. On page 350B IS2 (a) in "Section II-LOCAL DEVELOPMEN T AREA" heading "Falmouth local Planning Area" insert ti "Greater" in front of the word "Falmouth"; and (b) in the sixth line of the first paragraph under ··Desc delete the words "Stewart's Castle" and substitute the1 words "Stewart Castle". 52. On page 3508 m in the third line of the justification for "Polic insert "," and "it" between the words "sections" and "has". 53. On page 350B155 in the fifth line of "Policy F Tl6" insert the wo not" between the words "and" ·and "treat" .• .-1' 54. On page 350B 157- ., (a) in the first line of "Policy F C3" delete the word "� substitute therefor the word "given"; and (b) in the first line of the justificati�n for "Policy F C6" word "been" between the words "has" and "shown". 55. On page 3508 151 in the first line under the heading "The Environment" insert the word "Greater" between the words ' "Falmouth Local Planning Area". 56. On page 3508 159 (a) in the second line of "Policy F CIO" delete the wore substitute therefor the word "for"; and MAY-4, 2015] PROCLAMATIONS, RULES AND REGULATIONS 262G SCHEDULE, contd (b) delete the word "pump" and substitute therefor the word "pumps." 50. On page 350B's' (a) in the first line of "Policy PFS 6" delete "PFS" and substitute therefor the words "Petrol Filling Station"; (b) in the second line of "Policy PF7" delete the words " the Appendix" and substitute. therefor "Appendix 19"; (c) in the second line of "Policy PF7" insert the words ·'with Appendices 9 and 11" after the word "accordance" ; and (d) in the subheading "Policy PF7" delete the numeral "F7'' and substitute therefor the numeral "FS7". 51. On page 350B 152 (a) in "Section II-LOCAL DEVELOPMEN T AREA" in the heading "Falmou th local Planning Area" insert the word "Greater" in front of the word "Falmouth" ; and (b) in the sixth line of the first paragraph under .. D escript ion" delete the words "Stewart's Castle" and substitute therefor the words "Stewart Castle". 52. On page 350B'n in the third line of the justification for "Policy F TS" insert "," and "it" between the words "sections" and "has". 53. On page 3508 155 in the fifth line of "Policy F Tl6" insert fl{e words "will not" between the words "and" and "treat". ., 54. On page 350B 157 (a) i n the first line of "Policy F C3" delete the word "give" and substitute therefor the word "given"; and (b) in the first line of the justification for "Policy F C6" insert the word "been" between the words "has" and "shown". 55. On page 350B 151 in the first line under the heading "The Natural Environment" insert the word "Greater" between the words "the" and "Falmouth Local Planning Area". 56. On page 350B 159 (a) in the second line of "Policy F CIO" delete the word "of' and substitute therefor the word "for"; and 262H PROCLAMATIONS, RULES AND REGULATIONS [MAY 4, 2015 SCHEDULE, contd (b) in the second line of the justification for "Policy F C 12" delete "1988" and substitute therefor the numeral "1998". 57. On page 3 508 160 (�) in the third line of "Policy F H l" under the heading "HOUSING" insert the word "local" between the words "Flilmouth" and "planning"; and (b) In "Policy F H4" at the end of the paragraph delete the word "order" and substitute therefor the word "Order". 58. On page 3508 161 (a) in the last line of the justification for "Policy F H7'' delete the word "tolerate" and substitute therefor the words "normally allow"; and (b) in the first line of "Policy F H 1 O" delete the word "site" and substitute therefor the word "sites". 59. On page 3508 162 in the second line of "Policy F H13" delete the words "in housing area where it provides an essentially service" and substitute therefor "in housing areas where it provides an essential service". 60. On page 350B 165 in the first line of the first paragraph under the heading "TOURISM" insert the word "Greater" between the words "The" and "Falmouth". 61. On page 3508 169 in the fifth line below the heading "Sewage Disposal" delete the words "police station". 62. On page 350B 170 (a) in the fifth line of the justification for "Policy FCA2" delete the words "Appendix 12" and substitute therefor the words "Appendix 19"; and (b) in third line of "Policy F CA2" replace the word "location" with the word "locations" 63. On page 350B 171 in the first line of the third paragraph delete the words "development order" and substitute therefor the words "Development Order". 64. On page 350B 175 in the second line of the second paragraph under the heading "TOURISM" delete the words "Ocean Pointe" and substitute therefor the words "Ocean Point" . MAY 4, 2015] PROCLAMATIONS, RULES AND REGULATIONS 2621 ScHEDULE, conJd 65. On page 350B 176 (a) in the first line of the first paragraph of the justification for "Policy DU TO4" insert "566.58 hectares" between the word "on" and the numerals "1,400 acres"; (b) insert brackets around "1,400 acres" in the first line of the first paragraph of the justification for "Policy DU TO4"; ( c) in the fifth line of the. first paragraph of the justit}cation for "Policy DU TO4" insert "464.52m2" between the word "units" and "5000sq. ft."; (d) in the fifth line of the first paragraph of the justification for "Policy DU TO4" insert brackets around "5000sq. ft"; ( e) in the fifth line of the first paragraph of the justification for "Policy DU TO4" insert " l 39.35m 2" between the word "facilities" and "l 500sq ft."; and (f) in the fifth line of the first paragraph of the justification for "Policy DU TO4" insert brackets () around "l500sq. ft.". 66. On page 350B 177 (a) in fourth line of the justification of "Policy "DU SA I" delete the words "type III" and substitu�e therefor the words "Type Ill"; and (b) in the second line of "Policy D(! SA l " delete ; the words "type V" and substitute therefor the words "Type vt . 67. On page 350B 178- . , (a) in the· first line under the heading "Description" under "CLARKS TOWN LOCAL PLANNING AREA" delete the words "development order" and substitute therefor "Development Order"; and (b) in the seventh line under of the heading "Description" under "CLARKS TOWN AREA" insert the word "to" between the words "Kinloss" and "Clarks" 68. On page 350B 179 (a) in the fifth line of the f irst paragraph insert the word "to" between the words "Kinloss" and "Clarks"; (b) in the eighth line of the first paragraph delete the word "clinics" and substitute therefor the word "clinic"; 262J PROCLAMATIONS, RULES AND REGULATIONS [MAY 4, 2015 SCHEDULE, contd (c) in the first line of the second paragraph delete the words "development order" and supstitute therefor the words "Development Order"; and (d) in the third line of the second paragraph delete the word "order" and substitute therefor the word "Order" 69. On page 3508 110 (a) in the last line of "Policy C T T4" delete the ·words "development order" and substitute therefor the words "Development Order"; and (b) in the third line of "Policy CT TS" delete the words "appendixes of this order" and substitute therefor the words "Appendices of this Order" 70. On page 3508 181 in the second line of the first paragraph under the heading the "SO CIAL AMENITIES" delete the word "of' between the words "projection" and "Clarks Town". 71. On page 3508 m in the last line of the first paragraph under the heading "Public Transportation Centre" delete the words "is required". 72. On page 3508 114 (a) in the second line of the "Policy AT/US T3" insert the word "authority" between the words "planning" and "will"; and (b) in the second line of "Policy AT/US T4" delete the word "Appendix" and substitute therefor the word "Appendices" 73. On page 3508 187 in the third line of the first paragraph under the heading "WASTE TREATMENT AND DISPOSAL" delete the word "li kely" and substitute therefor the word "appropriate" . 74. On page 3508 189 ; (a) in the second and third line of the first paragraph under the heading "The Natural Environment" delete the words "cockpit country" and substitute therefor "Cockpit Country"; (b) in line one of the justification for "Policy DV C3" delete the words "cockpit country" and substitute therefor "Cockpit Country"; and (c) in the second line of the "Policy DV CS" delete the word "Jamaican" and substitute therefor the word "Jamaica". MAY 4, 2015] PROCLAMATIONS, RULES AND REGULATIONS 262K SCHEDULE, contd 75. On page 350B 190 in the secood line of the first paragraph under "HOUSING" insert the word "and" between the words "semi-detached" and "multi-family". 76. On page 3508 192 in the fifth line of the first paragraph, urider the heading "Sewage Disposal" delete the word "is" and substitute therefor the word "are" 77. On page 350B193 (a) in the second line of the first paragraph under the heading "Description" for the "WAIT-A-BIT LOCAL PLANNING AREA" delete the words "development order" and substitute therefor t!'e words "Development Order"; and (b) in the third line delete in "Policy WB T2" delete the word "Public" and substitute therefor the word "public". 78. On page 3508 194 79. in the second line of "Policy WB T3" delete the word "development" and substitute therefor the word "developments"; and in the second line of the "Policy WB TS" delete the word "order" and substitute therefor the word "Order". On page 3508 19$ . .f (a) in the first line of the first paragraph under the heading "The Natural Environment" delete the words "Cock:pit country" and substitute therefor the words "Cockpit Country"; ·(b) in the second line of the first paragraph under the heading "The Natural Environment" delete the word "forest" and substitute therefor the word "forests"; and ( c) in the fifth line of the first paragraph under the heading "The Natural Environment" insert the word "tree" between the words "pine" and "reserves". 80. On page 350 197 (a) in the third line of the first paragraph under the heading "URBAN ECONOMY" delete the word "presents" and substitute therefor the word "present"; 2 62L PROCLAMATIONS, RULES AND REGULATIONS {MAY 4, 2015 SCHEDULE, contd (b) in the fourth line of the "Policy WB UE l" delete the word "order" and substitute therefor the word "Order"; (c) in the first line of the justification for "Policy WB UE3" delete the word "generates" and substitute therefor the word ';generate"; and (d) in the third line of the justification for "Policy WB UE3" delete the word "distributions" therefor the word "distribution". 81. On page 350B198 in the first line of the justification for "Policy WB SA 1" delete the words "takes place" and substitute therefor the words "take place". 82. On page 350B202 (a) in the first line of the first paragraph under Ihe heading "Description" for the "WAKEFIELD LOCAL PLANNING AREA" delete the word "order" and substitute therefor the word "Order"; (b) in the second line of the second paragraph under the heading "Description" for the "WAKEFIELD LOCAL PLANNING AREA" delete the word "ugly" and substitute therefor the word "ugli"; and (c) in the third line under the heading "Public Transportation Centre" remove the brackets around the words "in Wakefield". 83. On page 350B205 in the first line of the first paragraph, under the heading "Description" for the "STEWART TOWN LOCAL PLANNING AREA", delete the word "order" and substitute therefor the word "Order'' . 84. On page 350B207 last line of first paragraph under the heading "HOUSING" delete the word "these" and substitute therefor the word ''this" 85. On page 350B208 in the third line of "Policy ST WT2" insert the word ''to'' between the words "converted" and "compost". 86. 87. On page 350B209 in the third line of the definition of "habitable room" delete the word "or" immediately after the words "hotel bedrooms". On page 350B 2 10 in the definition for "studio" insert "37.16 square metres", delete "350 square feet" and substitute therefor "400 square feet" in brackets. MAY 4, 2015] PROCLAMATIONS, RULES AND REGULATIONS 262M SCHEDULE, contd 88. On page 3508211 delete the words "'Antennas are usually mounted at street lever' immediately below "Microcell means" and above "Physical barrier means". 89. On page 3508212 below "APPENDIX 2" delete the subheading "LIST OF URBAN COMMUNITIES" and substitute therefor the subheading "LOCAL PLANNING AREAS". 90. On page 3508217 (a) in "APPENDIX 7" under the heading "SCENIC AND WILDLIFE PROTECTION AREAS" in the first line create a new paragraph beginning with the words "Forest Reserves are shown ... "; (b) in "APPENDIX 7" under the heading "SCENIC AND WILDLIFE PROTECTION AREAS" in the first line delete the words "I. Forest Reserves and Wildlife Protection Areas" and substitute therefor the words "I . Fores/ Reserves and Wildlife Protec tion Areas" to be the heading of the newly created paragraph; and (c) in "APPENDIX 7" under the heading "SCENIC AND WILDLIFE PROTECTION AREAS" in paragraph I (ii) delete the words "with the Natural Resources Conservation Department" at and substitute therefor the words "with the Natural Resources Conservation Authority". 91. On page 3508218 delete the words "5. Roads ide Parks" un�er the heading "4. Town Parks" and substitute therefor "5. Roadside Pal'ks" as a heading above the paragraph beginning with the words "At various points ... ". 92. On page 3508 222 delete the words "Appendix 8 contd" and substitute therefor the words "Appendix 9 contcf' . 93. On page 3508223 delete the words "Appendix 8 contd" and substitute therefor the words "Appendix 9 contcf' . 94. On page 3508224 delete the words "Appendix 8 contd'' and substitute therefor the words "Appendix 9 contd''. 95. On page 3508226 second line item 23 delete the word "minimized" and substitute therefor the word "minimize". 96. On page 3508228 delete the word "room" in the third line of the third paragraph under "APPENDIX 12" and substitute therefor the words "in multi-family buildings" 262N PROCLAMATIONS, RULES AND REGULATIONS [MAY 4, 2015 SCHEDULE, contd 97. On page 3508 141 delete the words "Appendix 18 contd" and substitute therefor the words "APPENDIX 19 confer contd. 98. On page 3508241 delete the words "Appendix 19 contd'' and substitute therefor the words '·APPENDIX 20 contd". 99. On page 3508244 delete the words "Appendix 19 contd'' and substitute therefor the words "FIGURE I contd". 100. On page 350814s delete the words "Appendix 19 contd'' and substitute therefor the words "FIGURE I contd'. 101. On page 3508252 insert the words."FIGURE 5 contd' above "Parking Standards". 102. On page 35082ll (a) in item (21) delete "1980" after the word "Order" and substitute therefor "1982"; and (b) in item (22) insert "1998" after the word "Plan". B-MINOR AMENDMENTS 1. On page 3508 2 , in the paragraph "Interpretation" immediately below " "development area" means the area specified in Part I of the First Schedule" insert the following word "erection" in relation to buildings includes extension, alteration and re-erection". 2. On page 350B4 (a) insert immediately after paragraph 3 a new paragraph which shall read as follows: "3 A. The Parish of Trelawny is hereby designated as a development order area for the purposes of the Act and the area specified in the First Schedule are hereby designated as local planning areas for the purpose of this Order."; (b) insert the words "Change of use requiring a planning application Sui Generis" in the column to the left of Paragraph 4 (4) Use Class Second Schedule. 3. On page 350B20 under the heading "SECOND SCHEDULE-Use Classes Order" and above "Class I-Shops" insert the words "Planning permission is required for change of use from one class to another". MAY 4, 2015] PROCLAMATIONS, RULES AND REGULATIONS 2620 SC�ULE, contd 4. On page 350B22 (a) delete the words "(h) for, or in connection with, public worship or religious Institutions" under the heading "Class 13 Non Residential Institutions"; and (b) under the heading "Class 13 Non-Residential Institutions" delete "(i)" and substitute therefor "(h)" and delete "(j)" and substitute therefor "(i)". 5. On page 350B 122 , insert the words "for any mobile device" in the fourth line of "Policy SP TELE4" after the words "planning permission is granted". 6. On page 350B 1s2 7. 8. . (a) in the second line of the second paragraph below "Transportation" delete the words "Wharf Street" and substitute therefor the words "Market Street"; and (b) in "Policy FT I" delete the words "Lower Parade Street (Wharf Street)" and substitute therefor the words "Market Street". On page 350B 1s4 (a) under the heading "VEHICULAR PARKING" delete the words "Wharf Street" in the last line of the first paragraph and substitute therefor the words "Market Street"; and (b) in the second line of "Policy F Tl l " delete the words "Wharf Street" and substitute therefor the words "Market Street". . ,I ' On page 3508 1s6, • ., (a) in the justification for "Policy F T 19" delete in the third and fourth line the words "to the south east of the municipal car park and market" and substitute therefor the words "in a portion of the proposed municipal car park and market"; and (b) in the second and third line of "Policy F Tl 9" delete the words "on the site south east of' and substitute therefor the words "in a section of'. 9. On page 3508 157 in the last line of "Policy F C5" insert the words "and the Jamaica National Heritage Trust" immediately after the words "planning authority". 10. On page 3508 162 in line four of "Policy F UEI" after the word "submitted" insert the words "and in keeping with the height of existing buildings in the area unless circumstances dictate otherwise.". 262P PROCLAMATIONS, RULES AND REGULATIONS SCHEDULE, contd 11. On page 3508201 [MAY 4, 2015 (a) insert the numeral "I." immediately to the left of the heading "GENERAL GLOSSARY''; and (b) insert next after the definition of "apartment building" the words " "bad neighbour" "means use that has a seriously detrimental effect on the locality in terms of noise, traffic or disturbance to people living near it;". 12. On page 3508209 (a) in the third line of the definition of "ground cover" insert the words "outdoor" between the words "include" and "parking areas"; (b) insert the words "Growth Centre" means "Local Planning Area" immediately above the words "habitable room" means in residences, any room or space primarily intended for human occupancy other than a kitchen or bathroom; or a storeroom not exceeding 6.5sq.m. in area, in hotels, hotel bedrooms for guests or staff"; and (c) insert next after the definition of "habitable rooms" the following definition " "habitable structure" means any structure primarily intended to be used for living, sleeping, eating or assembly purposes including but not limited to • residences, multi-family dwellings, churches and places of religious instruction, food facilities and industrial buildings;". 13. On page 3508210 insert next after the definition of "satellite antenna" the following definition "shop" means a building used for the carrying on of any retail trade or retail businesses wherein the primary purpose is the selling of goods by retail or for any other purpose appropriate to a shopping area;". MAY 4, 2015] PROCLAMATIONS, RULES AND REGULATIONS 262Q SCHEDULE, �ontd 14. On page 350B212 under "APPENDIX 3" under the heading "SCHEDULE OF NATIONAL MONUMENTS" delete all the words appearing after the paragraph ending "National Monuments" and substitute the following therefor: "SCHEDULE OF DECLARED NATIONAL SITES AND MONUMENTS." SITES AND MONUMENTS DATE DECLARED Buildings of Architectural and Historic Interest Barrett House-ruin (Declared 04/04/ l 991) Carlton House . (Declared 20/07/1990) Hyde Hall Great House (Declared 08/04/2004) Orange Valley Slave Hospital (Declared 2 l/1 2/2006) Stewart Castle-ruin (Declared 04/04/1991) Vale Royal Great House (Declared 08/04/2004) Churches, Cemeteries, Tombs St. Peter's Anglican Church, Falmouth (Declared O l /l 0/1992) Clock Towers Duncans Clock Tower (Declared 93/04/2003) Forts and Naval and Military Monuments Fort Balcarres, Falmouth (Declared 20/05/1993) Historic Site Falmouth Historic District , (Declared 05/09/1996) Public Buildings Falmouth Courthouse (Declared O I /l 0/1992) Falmouth Post Office (Declared O 1/l 0/1992) 15. On page 350B213 insert the following sites and buildings at the end of " "APPENDIX 4": • Albert George Market Arcadia 262R PROCLAMATIONS, RULES AND REGULATIONS SCHEDULE, contd • Bryan Castle • Falmouth All-Age School • Falmouth Wharves • Fort Dundas • Good Hope Great House • Granville • Green Park Great House • Hannony Hall • Kettering • Kettering Baptist Church • Kiln • Mahogany Hall • Old Baptist Manse • Parish Pillars • Persian Wheel • Time and Patience [MAY 4, 2015 • William Knibb Memorial Baptist Church". 16. On page 350B223 (a) under the heading "Minimum Number of Vehicle Parking Spaces Required" for "Place of Public Instruction" delete the words "I space per IO square metre" and substitute therefor the words "I space per 6.5 square metres"; and (b) in the final paragraph, delete the words "Place of Public Instruction" and substitute therefor the words "Place of Public Worship or Religious Instruction". � ' 17. · On page 350B2 s3 under "List of Abbreviations" insert the word "etc." immediately below the words "E Energy Conservation"; and under the words "List of Abbreviations" insert the words "JNHT Jamaica National Heritage Trust" immediately below the words "J Jackson Town Local Planning Area". MAY 4, 2015] PROCLAMATIONS, RULES AND REGULATIONS 262s SCHEDULE, contd 18. On page 350B217 under "Appendix 6", delete the words "Seaboard Street" at item 10 and substitute therefor the words "Rodney Street". 19. On page 350B221 delete the number of vehicle parking spaces required for "Motels" and "Hotels" under "Minimum Number of Vehicle Parking Spaces Required" and substitute therefor the words "I parking space for each 2 of the first 40 rental sleeping units; I additional space for every 3 rental sleeping units thereafter plus I parking space for each 4,5m2 of public dining room. In addition, I employee parking space for each 10 guest rooms plus I coach parking space p er 50 bed spaces in hotels'\ C. Map Changes, Symbols and Colours I . On the Map of Falmouth, in Inset and 2 delete the red and blue circles indicating fishing ar.d bathing beaches between grids 680000E and 681 000E and 705000N and 706000N near to the hospital compound. 2. On the Map of Falmouth, in Inset 2 between grids 680000E and 68IO00E and 705000N and 706000N at the end of Pitt Street place a blue circle to indicate the presence of a fishing beach. 3. On the Map of Falmouth, in Inset 2 delete "C T HO" on Market Street and insert "CT HO" at the intersection of Trelawny Street and Oliver Street. 4. On the Map of Falmouth, in Inset 2 delete "P S (Police Station)" on the north side of Rodney Street and insert the words "P S (Police Station)" on the south side of Rodney Street, between Victoria Street and Trelawny Street. 5. On the Map of Falmouth, in Inset No. 2 under Policies .;.risert "Policy F C9A" and "Policy F C9B". 6. On the Map of Falmouth, in Inset No. I the area indicated in hatched green as shrub woodland in Coral Spring has been changed as described below and shown on the accompanying plans "Starting at point (PI) with geographical coordinates I 8°29'02"N and 77°36' I 8"W at Mountain Spring Bay, then south-easterly to a point (P2) where it intersects with the Falmouth to Duncans Main Road; then east-north-easterly, then south-easterly along the centerline of the Falmouth to Duncans Main-Road for 1.475 kilometres ·at which point (P3) it intersects with the Jamaica Public Service CoRlpany Limited 138 kV line; then along the 138 kV lin� in a south easterly direction to the point (P4) where it intersects the Falmouth to Duncans Main Road again; then north-north-easterly for 262T 7. PROCLAMATIONS, RULES AND REGULATIONS [MAY 4, 2015 SCHEDL;LE, contd 0.45 kilometres to a point (P5) with the geographical co-ordinates I 8 °29'50"N and 77°35'55"W along the property boundary of Jamerika Limited (section B); then from this point, along White Bay Limited property boundary (section A) northerly in a straight line for 0.95 kilometre to a point (P6) at the high water mark; then along the high water mark in a south-westerly direction; then south-south- westerly, then in a west-north-westerly direction back to the starting point.''. N p c.. , Spnng j ., •• P6 rn-, wSJ,,.. .... �i:-. mi�1.-.: .... �H.MAWI.Ha.. ,.Pi�� '""(��"ffiffffr? PS c::t-.,.,.... ., , .. J '"'·�·.: P4 , .: / ....... �··1c.. . \ ..... '\,', ..... • .; i, On the Trelawny Parish Development Order Area Falmouth Proper Inset (Inset No. 2) Map delete the green broken line indicating the boundaries of the Historic District around Falmouth and insert a new green broken line indicating the boundary as shown on the plan below and described in the text as follows "Starting at a point on Rodney Street approximately 60 metres southwest of Duke Street, then south-westerly along Rodney Street for approximately 643.3 metres to :another point, thence northerly in a straight line from this point to intersect with the coastline, thence easterly and south-easterly along the old coastal boundary to and along the eastern boundary of a parcel of land at Volume 1394 and Folio 492, then south south west for approximately 685m to a point where it intersects Market Street, thence in a northerly direction one lot deep along the western side of Market Street to a point where it intersects the "Dragline", then westerly and north-westerly along the this Dragline back to the starting point. The Falmouth Cemetery is also a part of the Historic District and is to be enclosed by green broken lines.". MAY 4, 2015) PROCLAMATIONS, RULES AND REGULATIONS 262U SCHEDULE, contd 8. On Falmouth Proper Inset (Inset No. 2) Map insert the boundaries of the Falmouth Pier as shown on the plan below and described in the text as follows: "Starting in the vicinity of the bridge where the "Dragline" enters the sea, thence generally north-westerly along the old coastline to a point where it meets King Street thence south-easterly from this point for about 400 metres to a point on the coast,. thence approximately 341 metres in a north east direction to a point on the pier, then approximately 47 metres south easterly to another point directly opposite, thence south-easterly for approximately 331 metres, then approximately 415 metre $' from this point to another point on the coast thence generally along th'� coastline to the starting point." ' - .. ... . 262v r ·PROCLAMATIONS, RULES AND REGULATIONS (MAY 4, 2015 SCHEDULE, contd 9. On the Trelawny Parish Development Order Area Falmouth Proper Inset (Inset No. 2) Map delete the diagonal hatching in orange indicating "Institutional" for the area on the northern side of the main road between Rodney Street and Half Moon Bay. 1 ci. On the Trelawny Parish Development Order Area Falmouth Proper Inset (Inset No. 2) Map delete the cross hatching in black indicating "Future Parking" on the eastern side of Market Street, south of the Dragline. 11. On the Trelawny Parish Development Order Area Clarks Town Inset (Inset No. 8) Map delete the hatching in red indicating "Transportation Centre" on the western side of the Kinloss to Clarks Town Main Road adjacent to the post office and place on the Market site along the Kinloss to Clarks ToWl} Main Road. 12. On the Trelawny Parish Development Order Area Clarks Town Inset (Inset No. 8) Map delete the "Lib" indicating "Library" on the eastern side of the Kinloss to Clarks Town Main Road opposite the post office and place on the western side along the Kinloss to Clarks Town Main Road beside the Catholic Church on lands at Volume 1296 Folio 6 belonging to Long Pond. D. New Policy I. On page 3508 1 s1 immediately below "Policy F C9" insert the following: ,, "The "dragline" or "draggy" as known and called by Residents of Falmouth is an earth canal which is the main drain in Falmouth that traverses the Town of Falmouth in an east to west direction and empties into the Caribbean Sea. The drain is responsible for keeping the Town of Falmouth from being inundated by flood and storm water. It is approximately 3.048m to 4.572m wide in sections and 1.2m to 1.8m in depth. It starts in the vicinity of the intersection of Rodney Street and Duke Street then travels south-easterly for approximately 530m, then in an easterly direction for approximately I ,043m, 35m south of King Street, then for approximately 237m in a north-easterly direction to the sea in the vicinity of Bengal Bridge. Policy F C9A The local planning authority will seek to ensure that buildings on lots which are adjoining this earth canal construct retaining walls to the rear of the buildings. Policy F C98 All new developments along the earth canal will be required to set back approximately 4.572m from the edge of the canal." MAY 4, 2015] PROCLAMATIONS, RULES AND REGULATIONS 262W SCHEDULE, contd 2. On page 350B 142 immediately below "Policy UC 12" insert the following: "Policy UC12A The local planning authority will support recreational and tourism activities in that section of the coastal area north of the main road between Rodney Street and Half Moon Bay.". 3. On page 350B 119 immediately below "Policy F C 11" insert the following: "Policy F Cl lA All proposed buildings to be erected along the coast between the Salt Works site and Stewart Castle is to be set back a minfmum of 50 metres from the nigh water mark to maintain a green corridor along the coast to protect the sensitive ecology of the area". 4. On page 350B164 immediately below "Policy F UE IO" insert the following: "Policy F UE I 0A The local planning authority will support the use of the parcel of land on the eastern side of Market Street, south of the Dragline for Commercial and Institutional use as long as such acttv1t1es con form with the requirements of this Order". Dated this 4th day of May, 2015. ROBERT PICKERSGILL Minister of Water, Land, Environment· and Climate Change.