Development and Planning (Amendment) Regulations, 2014

CAYMAN ISLANDS Supplement No. 2 published with Extraordinary Gazette No. 96 dated 19 th December, 2014. THE DEVELOPMENT AND PLANNING LAW (2011 REVISION) THE DEVELOPMENT AND PLANNING (AMENDMENT) REGULATIONS, 2014 The Development and Planning (Amendment) Regulations, 2014 2 THE DEVELOPMENT AND PLANNING (AMENDMENT) REGULATIONS, 2014 ARRANGEMENT OF REGULATIONS 1. Citation and commencement 2. Amendment of regulation 2 of the Development and Planning Regulations (2013 Revision) - definitions 3. Amendment of regulation 6 - applications for building 4. Amendment of regulation 8 - general requirements re parking, height, setbacks, waterfront property, etc. 5. Amendment of regulation 9 - residential zone 6. Amendment of regulation 15 - Beach Resort/Residential zones 7. Amendment of regulation 24 - planned area developments 8. Amendment of regulation 28 - land for public purposes 9. Amendment of regulation 32 - public rights of way in Hotel/Tourism zones 10. Amendment of regulation 34 - final certificate 11. Insertion of section 37A - Infrastructure fund 12. Amendment of Schedule 1 - application fees for planning permission 13. Amendment of Schedule 2 14. Amendment of Schedule 4 - Hotel/Tourism Zone 1 15. Amendment of Schedule 5 - miscellaneous fees 16. Insertion of Schedule 6 - Infrastructure Fund - Area A, Area B and Area C The Development and Planning (Amendment) Regulations, 2014 3 CAYMAN ISLANDS THE DEVELOPMENT AND PLANNING LAW (2011 REVISION) THE DEVELOPMENT AND PLANNING (AMENDMENT) REGULATIONS, 2014 The Cabinet, in exercise of the powers conferred by section 42 of the Development and Planning Law (2011 Revision), makes the following Regulations 1. (1) These Regulations may be cited as the Development and Planning (Amendment) Regulations, 2014. (2) These Regulations shall come into force immediately after section 26 of the Development and Planning (Amendment) Law, 2014 comes into force. 2. The Development and Planning Regulations (2013 Revision), in these Regulations referred to as the “principal Regulations”, are amended in regulation 2 as follows (a) by deleting the definition of the words “approved Agent”; (b) in the definition of the words “dwelling unit” by deleting the words “, with exclusive cooking, eating, living, sleeping and sanitary facilities”; (c) by inserting, after the definition of the words “Hotel/Tourism zone 1”, the following definition “ “Hotel/Tourism zone 2” means the area designated as such on the plan set out in Schedule 4;”; (d) by deleting the definition of the word “lot” and substituting the following definition “ “lot” means a legally registered parcel of land and includes a land strata lot;”; (e) by inserting, after the definition of the words “parking area”, the following definition “ “Permit” means a permit issued under the Building Code Regulations (2013 Revision);”; and Citation and commencement Amendment of regulation 2 of the Development and Planning Regulations (2013 Revision) definitions The Development and Planning (Amendment) Regulations, 2014 4 (f) by deleting the definition of the word “quarry” and substituting the following definition “ “quarry” means a place where rock, ore, stone, peat or similar materials are excavated for off-site use to supply material for construction, industrial, manufacturing or other purposes; and “quarrying” includes blasting, primary processing (such as washing, screening, crushing or storage of the material excavated) and the making of concrete or asphalt from the material excavated;”. 3. The principal Regulations are amended in regulation 6 as follows (a) in subregulation (1) by deleting the words “on the prescribed forms” and substituting the words “on forms provided by the Director”; (b) in subregulation (2) by repealing paragraphs (a) and (b) and substituting the following paragraphs “(a) No person shall, without a Permit, construct or change a building or structure or carry out, in respect of any land, building or structure, any work that requires planning permission; and the holder of a Permit shall not in respect of any land, building or structure to which the Permit relates, carry out any work other than the work authorized by the Permit. (b) Prior to commencing the construction of, or the change to, a building or structure, a person shall obtain a Permit and, for that purpose, shall lodge with the Director an application for a Permit, which shall be accompanied by the fees (if any) set out in Schedule 2.”; and (c) by repealing subregulation (3) and substituting the following subregulation “ (3) An application for planning permission with any setback adjacent to the sea shall include a Mean High Water Mark survey physically defined on ground no more than six months prior to the application being submitted, and the survey plan shall be authenticated by and registered with the Department of Lands and Survey.”. Amendment of regulation 6 applications for building The Development and Planning (Amendment) Regulations, 2014 5 4. The principal Regulations are amended in regulation 8 as follows (a) by repealing subregulation (1)(i) and substituting the following subparagraph “(i) churches and other places of worship, including ancillary uses (such as church halls, classrooms and recreation rooms) - one space per 150 square feet;”; (b) by repealing subregulation (2)(e) and substituting the following paragraph “(e) in a Hotel/Tourism zone, shall not exceed sixty-five feet or five storeys, whichever is the less, but when the building is a hotel or apartment in Hotel/Tourism zone 1 or in Hotel/Tourism zone 2, the maximum permitted height is one hundred and thirty feet or ten storeys, whichever is the less; and”; (c) by repealing subregulation (3); (d) in subregulation (10)(d) by deleting the words “a canal or” and substituting the word “an”; (e) in subregulation (10)(e) by deleting the words “for the third through the seventh storey” and substituting the words “for each of the fourth through the seventh storeys”; (f) by inserting after subregulation (10)(e) the following paragraph “(ea) in areas where the shoreline is a canal, all structures and buildings, including ancillary buildings, walls and structures, shall be setback a minimum of twenty feet from the physical edge of the canal;”; (g) in subregulation (12A) by inserting after the words “notice of such application” the words “shall be made on the form provided by the Director and”; (h) in subregulation (13) by deleting the words “Notwithstanding subregulations (1),” and substituting the words “Notwithstanding subregulations (1), (2),”; and (i) by inserting after subregulation (13) the following subregulation “ (14) Where the Authority or Board receives an application for permission to carry out planned area development or special purpose developments, the Authority or Board, as the case may be, may (a) consider the likely impact of the proposed development on the infrastructure of the Islands Amendment of regulation 8 - general requirements re parking, height, setbacks, waterfront property, etc. The Development and Planning (Amendment) Regulations, 2014 6 as well as on the educational, social, medical and other aspects of life in the Islands; (b) consider whether there are other issues of national importance which are relevant to the determination of the application for development and require evaluation; (c) consider whether there are technical or scientific aspects of the proposed development which are of so unfamiliar a character as to jeopardise a proper determination of the application for development unless there is a special inquiry for the purpose; (d) identify and investigate the considerations relevant to, or the technical or scientific aspects of, the proposed development which, in its opinion, are relevant to the question whether the application should be approved; (e) assess the importance to be attached to those considerations or aspects; (f) consider whether the development proposed in the application should instead be carried out at an alternative site; and (g) arrange for the carrying out of research of any kind appearing to it to be relevant to an application.”. 5. The principal Regulations are amended in regulation 9 as follows (a) in subregulation (3) (i) by deleting the words “Commercial, agricultural” and substituting the words “Commercial, hotel, tourism-related, agricultural”; and (ii) by deleting the words “from an owner ” and substituting the words “from an adjacent owner as provided for in regulation 8(12A), (12B) and (12C) and lodged within twenty-one days of the final advertisement”; (b) by repealing subregulation (6)(a); (c) in subregulation (6)(i) by deleting the words “or fifty per cent of the height of the building, whichever is greater,”; (d) by repealing subregulation (7)(a); (e) in subregulation (7)(j) by deleting the words “or fifty per cent of the height of the building, whichever is the greater,”; (f) by repealing subregulation (8)(a); and Amendment of regulation 9 - residential zone The Development and Planning (Amendment) Regulations, 2014 7 (g) in subregulation (8)(j) by deleting the words “or fifty per cent of the height of the building, whichever is the greater,”. 6. The principal Regulations are amended in regulation 15 by repealing subregulation (3)(a). 7. The principal Regulations are amended in regulation 24 by repealing subregulation (2)(a) and substituting the following paragraph “(a) involve a parcel of land or a group of adjacent parcels of land that equals or exceeds forty acres, and may include parcels on both sides of a road;”. 8. The principal Regulations are amended in regulation 28(6) as follows (a) in the definition of the words “improved value”, by deleting the word “and” appearing at the end of paragraph (b) of the definition; and (b) by inserting, after the definition of the words “improved value”, the following definition “ “public”, in relation to a subdivision, means landowners within the subdivision; and”. 9. The principal Regulations are amended in regulation 32 by deleting the words “from the public road to the sea. Such” and substituting the words “, per every two hundred feet, from the public road to the sea, either on the subject property or on such other property as may be deemed suitable by the Authority; and such”. 10. The principal Regulations are amended in regulation 34 by deleting the words “but, in the case of an owner/occupier who possesses Caymanian Status no special permission for the occupation of part of an uncompleted building is required if such part complies with the approved plans”. 11. The principal Regulations are amended by inserting after regulation 37 the following regulation “Infrastructure fund 37A. (1) There is established an infrastructure fund for the purpose of providing funds for development of roads, affordable housing and other infrastructure in the Islands. (2) The fund shall be administered by the Ministry of Finance and allocations and disbursements approved by Cabinet and shall consist of moneys received under subsection (4). Amendment of regulation 15 - Beach Resort/Residential zones Amendment of regulation 24 - planned area developments Amendment of regulation 28 - land for public purposes Amendment of regulation 32 - public rights of way in Hotel/Tourism zones Amendment of regulation 34 - final certificate Insertion of regulation 37A - Infrastructure fund The Development and Planning (Amendment) Regulations, 2014 8 (3) In this section (a) Area A means the areas designated as such on the plan set out in Schedule 6; (b) Area B means the areas depicted as such on the plan set out in Schedule 6; and (c) Area C means the areas depicted as such on the plan set out in Schedule 6. (4) A person to whom planning permission for development is granted pursuant to an application made on or after the date of commencement of section 26 of the Development and Planning (Amendment) Law, 2014, shall contribute to the infrastructure fund as follows (a) in Area A Development Type Infrastructure Fund Fee per gross sq. ft. An industrial building $2.50 A commercial building $4.50 A hotel building $4.50 An apartment building $4.50 An institutional building $3.50 A house, duplex, or related structures and any extension thereto $3.50 The Development and Planning (Amendment) Regulations, 2014 9 Subdivision of land $200 per lot A change of use of a building or land The rate applicable to the type of development being changed to (b) in Area B Development Type Infrastructure Fund Fees per gross sq. ft. An industrial building $1.50 A commercial building $2.50 A hotel building $2.50 An apartment building $2.50 An institutional building $2.50 A house, duplex, or related structures (i) up to 4,000 sq. ft. in $1.00 The Development and Planning (Amendment) Regulations, 2014 10 gross floor area (ii) 4,001 to 5,000 sq. ft. in gross floor area $1.50 (iii) exceeding 5,000 sq. ft. in gross floor area $3.50 An extension to a house, duplex or related structure which would increase its gross floor area to the respective areas specified in paragraph (i), (ii) or (iii) Subdivision of land The appropriate rate for the gross floor area specified in paragraphs (i), (ii) and (iii) $100 per lot A change of use of a building or land The rate applicable to the type of development being changed to The Development and Planning (Amendment) Regulations, 2014 11 (c) in Area C, $.25 per square foot of the gross floor area of the development and $100 per lot for the subdivision of land; (d) without prejudice to the respective amounts prescribed in subparagraphs (a), (b) and (c), in the Islands an affordable housing fee is payable on the issue of a Certificate of Completion or Certificate of fitness for Occupancy, and will be assessed as follows (i) at a rate of $3,000 per hotel room; and (ii) in Area A, at a rate of $20,000 per apartment, in respect of applications relating to 11 or more apartments; and (e) in any case where the Authority is of the opinion that the development (including any temporary development) is necessary for the purpose of restoration following a national disaster, fifty per cent of the respective amounts prescribed in subparagraphs (a), (b) and (c). (5) The total contribution under subsection (4)(a) to (e) is payable as follows (a) fifty per cent of the contribution is payable on the issue of a building permit; and (b) fifty per cent of the contribution is payable on the issue of a Certificate of Completion, Certificate of Occupancy or Certificate of fitness for Occupancy; and for subdivision of land, the contribution is payable prior to the subdivision being finalized. (6) The interest earned on the moneys of the infrastructure fund shall be retained for the purposes of the fund. (7) In this Part “affordable housing” means any Government assisted housing programme undertaken under the auspices of the National Housing Development Trust, Sister Islands Affordable Homes or any similar Government entity; The Development and Planning (Amendment) Regulations, 2014 12 “Certificate of Completion”, in relation to a building, means a certificate issued by the Authority that certifies the building is complete in accordance with planning permission requirements but does not grant permission to occupy; “Certificate of fitness for Occupancy” or “Certificate of Occupancy”, in relation to a building, means a certificate issued by the Authority that the building is complete in accordance with planning requirements and grants permission to occupy; and “infrastructure” means public services and utilities used in common by the residents of the Islands.”. 12. The principal Regulations are amended in Part I of Schedule 1 as follows (a) by inserting after item 2 the following item and particulars “Item Type of development Fee 2A. Addition to a detached house, in any case where (a) the extension does not exceed 500 square feet; (b) the square footage of the extension does not exceed 10 per cent of the gross floor area of the ground floor of the existing detached house; and (c) an application has not previously $0.00, if the application is not filed after the fact A fee calculated at the rate of $2.50 in respect of each square foot of the proposed development, if the application is filed after the fact”; Amendment of Schedule 1 - application fees for planning permission The Development and Planning (Amendment) Regulations, 2014 13 been made for this type of development of the detached house (b) by inserting after item 8 the following item and particulars “Item Type of development Fee 8A. Construction of any other institutional building A fee calculated at the rate of 25 cents in respect of each square foot of the proposed development”; (c) in item14 (i) by inserting after the word “excavation” wherever it appears the words “or quarry”; and (ii) in paragraph (c) of the particulars relating to the fee, by inserting after the word “excavated” the words “or quarried”; and (d) by inserting after item 14 the following item and particulars “Item Type of development Fee 14A. Removal of shoreline debris following inclement weather $250”. 13. (1) The principal Regulations are amended in paragraph 2 of Schedule 2 as follows (a) by deleting the words “building permit” wherever they appear and substituting the word “Permit”; (b) by inserting, after the words “For an industrial building $l.50 per square foot”, the following descriptions and fees “Description Fee For an agricultural building $1.00 per square foot For a church or church hall $1.00 per square foot For an institutional building $1.50 per square foot For any other building not specified in this Schedule $1.00 per square foot”; Amendment of Schedule 2 The Development and Planning (Amendment) Regulations, 2014 14 (c) by deleting the following descriptions and fees “For a modification to an existing electrical service or the installation of a stand-alone permanent electrical service related to (a) a house or duplex $200 (b) any development other than a house or duplex $400”, and substituting the following descriptions and fees “Description Fee For a modification to an existing electrical service related to (a) a house or duplex (b) any development other than a house or duplex $100 $200 For a modification to the installation of a stand alone permanent electrical service related to (a) a house or duplex (b) any development other than a house or duplex $200 $400”; (d) by deleting the following descriptions and fees “For modifications to approved plans in respect of each amendment submission relating to (a) a house or duplex $25 (b) any other type of development $100, and substituting the following descriptions and fees “Description Fee For modifications to approved plans in respect of each amendment submission, per discipline, relating to (a) a house or duplex (b) any other type of development $50 $100”; and (e) by deleting the following description and fee “An administrative filing fee in respect of a $100”, The Development and Planning (Amendment) Regulations, 2014 15 request for the issuance of a Foundation Permit or for special permission to occupy and substituting the following description and fee “Description Fee An administrative filing fee in respect of a request for the issuance of a Foundation Permit, special permission to occupy, alternate means and methods, special electrical service connection, or modification of electrical requirements $100”. (2) The principal Regulations are amended in paragraph 3 of Schedule 2 as follows (a) by deleting the words “building permit” wherever they appear and substituting the word “Permit”; (b) by inserting, after the words “For a duplex $1 per square foot”, the following description and fees “Description For an addition to a detached house, in any case where (a) the extension does not exceed 500 square feet; (b) the square footage of the extension does not exceed 10 per cent of the gross floor area of the ground floor of the existing detached house; (c) the extension does not result in the gross floor area of the detached house being greater than 5,000 square feet; (d) the addition does not change the classification of the detached house; and (e) a previous application has not been made for this type of development of the detached house Fee $0.00, if the application is not filed after the fact A fee calculated at the rate applicable to new construction applied to the square footage of the addition, if the application is filed after the fact”; The Development and Planning (Amendment) Regulations, 2014 16 (c) by inserting, after the words “For an industrial building $l.25 per square foot”, the following descriptions and fees “Description Fee For an agricultural building $0.50 per square foot For a church or church hall $1.00 per square foot For an institutional building $1.50 per square foot For any other building not specified in this Schedule $0.50 per square foot”; (d) by deleting the following descriptions and fees “For a modification to an existing electrical service or the installation of a stand-alone permanent electrical service related to (a) a house or duplex $200 (b) any development other than a house or duplex $400”, and substituting the following descriptions and fees “Description Fee For a modification to an existing electrical service related to (a) a house or duplex (b) any development other than a house or duplex $100 $200 For a modification to the installation of a stand alone permanent electrical service related to (a) a house or duplex (b) any development other than a house or duplex” $200 $400”; (e) by deleting the following descriptions and fees “For modifications to approved plans in respect of each amendment submission relating to (a) a house or duplex $25 (b) any other type of development $100”, and substituting the following descriptions and fees The Development and Planning (Amendment) Regulations, 2014 17 “Description Fee “For modifications to approved plans in respect of each amendment submission, per discipline, relating to (a) a house or duplex (b) any other type of development $50 $100”; and (f) by deleting the following description and fee “An administrative filing fee in respect of a request for the issuance of a Foundation Permit or for special permission to occupy $100”, and substituting the following description and fee “Description Fee “An administrative filing fee in respect of a request for the issuance of a Foundation Permit, special permission to occupy, alternate means and methods, special electrical service connection, or modification of electrical requirements $100”. (3) The principal Regulations are amended by repealing paragraph 4 of Schedule 2 and susbstituting the following paragraph “4. Permit fees are payable as follows (a) fifty per cent on submission of a Permit application; and (b) fifty per cent on issuance of a Permit.”. 14. The principal Regulations are amended in Schedule 4 by inserting, after the plan relating to Hotel/Tourism zone 1, the following plan Amendment of Schedule 4 - Hotel/Tourism Zone 1 The Development and Planning (Amendment) Regulations, 2014 18 The Development and Planning (Amendment) Regulations, 2014 19 15. The principal Regulations are amended in Schedule 5 by deleting the words “Duplicate building permit $25 per duplicate” and substituting the following items and particulars “Item or Service Provided Fee Fee Reissue/Duplicate Permit $50 per reissuance/duplicate Online Planning System service transaction Electronic submissions Paper based submissions $10 per submission $15 per submission”. 16. The principal Regulations are amended by inserting after Schedule 5 the following schedule “SCHEDULE 6 Infrastructure Fund - Area A, Area B and Area C Made in Cabinet the 16 th day of December, 2014. Kim Bullings Clerk of the Cabinet. Amendment of Schedule 5 - miscellaneous fees Insertion of Schedule 6 Infrastructure Fund Area A, Area B and Area C