Physical Planning Regulations (Cap. 8.03)

Physical Planning CAP. 8.03 43 Revision Date: 1 Jan 2002 [Subsidiary] LAWS OF MONTSERRAT PHYSICAL PLANNING REGULATIONS – SECTION 64 (S.R.O. 67 of 1996) Commencement [1 October 1996] Short title 1. These Regulations may be cited as the Physical Planning Regulations. Interpretation 2. In these Regulations, unless the context otherwise requires— “Act” means the Physical Planning Act; “Advertisement” means any notice, device or representation, employed wholly or partly for the purpose of calling attention to any person, matter, object or event, and any structure employed in support of such notice, device or representation; “Appeal Tribunal” means the Appeal Tribunal established under section 56 of the Act; “Application” means an application to the Authority for permission to carry out development or for any approval required by the Act, or any subsidiary legislation made thereunder; “Authority” means the Planning and Development Authority established under the provisions of section 3 of the Act, or any body or person acting on its behalf under powers delegated by the Authority. Application to construct, alter or extend 3. (1) An application for permission to construct, alter or extend any building shall be made in the form set out as Form A of the Schedule and shall be accompanied by the following drawings— (a) a location plan at a scale of 1:2500 showing the position of the lot in relation to the adjoining lots; (b) a site plan at a scale of between 1" to 10 ft., and 1" to 30 ft.; (c) floor plans at a scale of ¼" to 1 ft. showing water supply systems and sanitary drainage systems, electrical layouts and ratings; (d) front and rear and side elevations at a scale of ⅛" to 1 ft.; (e) cross sections; (f) foundation plans; 44 CAP. 8.03 Physical Planning [Subsidiary] Revision Date: 1 Jan 2002 LAWS OF MONTSERRAT (g) structural and framing details including primary connections and concrete reinforcement; (h) electrical layout and details; (i) drainage layout and details; (j) door and window schedules. (2) A site plan under paragraph (b) of sub-regulation (1) shall show— (a) the location, drawn to scale of the proposed building on the site; (b) the location, drawn to scale of existing buildings on the site and on adjacent lands with some indication of whether existing buildings are to be retained or demolished; (c) the front, rear and side set backs from each boundary; (d) the dimensions of the lot; (e) the fronting roads giving their names and widths; (f) the storm water and sanitary drainage systems, including positions of septic tank and soak pits, together with the position of electrical supplies; (g) the north point and scale; and (h) means of access, parking space and a landscaping plan, and in addition for commercial and industrial buildings, loading and unloading areas. (3) All drawings, specifications and accompanying data and revisions thereto shall bear the name and address of the designers and shall be individually and appropriately numbered for ease of reference. (4) An application under this Regulation shall be signed by the Applicant or his duly appointed agent. Application to subdivide 4. (1) An application to subdivide shall be made in the form set out as Form B of the Schedule and shall state the registration section, block and parcel number of the land and shall be signed by the applicant or his duly appointed agent. (2) A plan of the proposed subdivision drawn at a scale of 1:1250, or 1:2500 shall be submitted with the application and shall show— (a) the location of the site, together with the block and parcel numbers of the adjoining lots; (b) the road layout including road widths and access both existing and proposed; (c) the lot sizes; (d) drainage, water reticulation, earthworks; Physical Planning CAP. 8.03 45 Revision Date: 1 Jan 2002 [Subsidiary] LAWS OF MONTSERRAT (e) existing and proposed land-use within the subdivision, including land for public purposes; and (f) existing topographical detail. (3) The Authority may require the submission of a separate topographical map. (4) Each application shall be accompanied by information in relation to— (a) water supply and sewage disposal; (b) road specifications for roads within the subdivision; (c) power and light availability, electrical supply and rating; and (d) drainage; (e) any restrictive covenants that the applicant proposes to impose on the lots. Outline application 5. (1) An outline application submitted in accordance with Section 14 (1) of the Act shall be made in the form set out as Form A of the Schedule, stating the registration section, block and parcel number of the land and shall be signed by the Applicant or his duly appointed agent. (2) The application shall be accompanied by— (a) a plan of the land which is the subject of the application, drawn up at a scale of 1:1250 or 1:2500; and (b) a statement of— (i) existing and proposed use; and (ii) services to be provided e.g. water supply, electricity, sewage and access. Application to display advertisements 6. (1) An application for permission to display an advertisement shall be made in the form set out as Form A of the Schedule and shall be signed by the Applicant or his duly appointed agent. (2) The application shall be accompanied by the following information— (a) type of material to be used; (b) height of the advertisement from existing ground level and details of any projection; (c) dimensions of the sign; (d) type of illumination (where applicable); (e) colour and content of the sign; (f) the exact position of the sign. 46 CAP. 8.03 Physical Planning [Subsidiary] Revision Date: 1 Jan 2002 LAWS OF MONTSERRAT Application for change of use of land or buildings 7. (1) An application for permission to change the use of land or buildings shall be made in the form set out as Form A of the First Schedule and shall be signed by the Applicant or his duly appointed agent. (2) The application shall be accompanied by the following details— (a) a location plan normally at a scale of 1:2500 showing the location of the lot or building; (b) details of the existing and proposed use; (c) for change of use of buildings, floor plans showing the existing and proposed layout at a scale of ¼" to 1 ft.; (d) if any elevational changes are proposed elevation drawings at ⅛" to 1 ft.; (e) the water, electrical and sanitary drainage systems to serve the proposed use; (f) means of access, parking, loading and unloading areas for the proposed use. Sewage requirements 8. (1) Applications submitted in accordance with Regulations 3, 4, 5 and 7 of these Regulations shall be accompanied by information on the sewage systems proposed to be used in the development. (2) Buildings intended for human occupation shall be provided with waterborne sanitation draining to a septic tank of accepted design and capacity. (3) The Authority shall forward for the approval of the Principal Environmental Health Officer information supplied under sub-regulation (1) in relation to the proposed sewage system and the decision of the Principal Environmental Health Officer shall form a part of the decision of the Authority in response to the application. Road requirements 9. All planning applications involving the provision of new public or private road access, shall comply with the standards and requirements established by the Public Works Department, Ministry of Communications and Works. Inspections during the course of construction 10. (1) A proposed development which is approved by the Authority shall be subject to inspection at each of the stages set out in sub-regulation (2) and the person responsible for the progress of the development shall not permit the work to proceed to the next stage without the prior approval of the Authority. (2) An inspection under sub-regulation (1) shall be made at each of the following stages— (a) setting out; Physical Planning CAP. 8.03 47 Revision Date: 1 Jan 2002 [Subsidiary] LAWS OF MONTSERRAT (b) foundations with steel reinforcement before concreting; (c) floor ready for casting (with beams); (d) structural frame and roof; (e) ring beams casing and reinforcement; (f) completion (including drainage and water installations). (3) A development may be subject to such other inspections as the Chief Physical Planner may reasonably require. Supply of utilities 11. An application for the supply of utilities shall be made to the appropriate Authority and is independent of an application under these Regulations. Miscellaneous application requirements 12. (1) All applications submitted in accordance with these Regulations shall comprise two (2) copies of all plans and drawings. (2) Notwithstanding the provisions of these Regulations, the Authority may require additional information in order to assess an application. 48 CAP. 8.03 Physical Planning [Subsidiary] Revision Date: 1 Jan 2002 LAWS OF MONTSERRAT SCHEDULE FORM A FOR OFFICIAL USE ONLY APPLICATION NO: ……….….. DATE RECEIVED: ………………. PHYSICAL PLANNING UNIT MINISTRY OF AGRICULTURE, TRADE AND THE ENVIRONMENT PHYSICAL PLANNING ACT, PHYSICAL PLANNING REGULATIONS APPLICATION FOR PLANNING PERMISSION (FORM A) TO: THE PLANNING AND DEVELOPMENT AUTHORITY NAME OF APPLICANT: .………………………………...…………….………………..………….. ADDRESS: ………………………………………………...….….. TEL NO: ………...………...… NAME OF AGENT: …………………………………………………………………………...…… ADDRESS: ………………………………………………....….….. TEL NO: ………...………….. SITE SPECIFICATIONS Registration Area: .................……………....... Block: .…................. Parcel: ..…………. Existing Use of site: ………………………….................………………………………... ………………………………………..……………………………………………………... PROPOSED DEVELOPMENT Residential Commercial Advertisement Industrial Change of use Outline Extension Renovation Physical Planning CAP. 8.03 49 Revision Date: 1 Jan 2002 [Subsidiary] LAWS OF MONTSERRAT PROPOSED FLOOR AREA OF NEW DEVELOPMENT (including paved surfaces)…..…..Sq. ft. ESTIMATED COST: EC $....………….....................………………...……………….……… THE FOLLOWING MAPS/PLANS ARE ATTACHED: ........……...…………………………..…... ………..…………..........…………………………………………………………………….………… …………………………………………………………………………………………………………. I HEREBY CERTIFY THAT I AM (NOT) THE OWNER OF THE LAND TO WHICH THIS APPLICATION RELATES (If the land is not owned by the applicant, the application should be accompanied by a letter from the owner indicating that his/her consent is granted for development of the land). APPLICANT’S/AGENT’S1 SIGNATURE: ...…….........……...………... DATE: ...........……... 1 Delete where applicable 50 CAP. 8.03 Physical Planning [Subsidiary] Revision Date: 1 Jan 2002 LAWS OF MONTSERRAT FORM B FOR OFFICIAL USE ONLY APPLICATION NO: ……….……. DATE RECEIVED: ……..…………. PHYSICAL PLANNING UNIT MINISTRY OF AGRICULTURE, TRADE AND THE ENVIRONMENT PHYSICAL PLANNING ACT, PHYSICAL PLANNING REGULATIONS APPLICATION TO SUBDIVIDE (FORM B) TO: THE PLANNING AND DEVELOPMENT AUTHORITY NAME OF APPLICANT: .……………………….…………….…………….……………………..……. ADDRESS: ……………………..….…….……………….………….. TEL NO: ……………...……… NAME OF AGENT: ………………………………………………….………………………...………… ADDRESS: ……………………..….…….……………….………….. TEL NO: …………..….……… SITE SPECIFICATIONS Registration Area: .….............…........ Block: .………................... Parcel: ...........……………. Existing Use of site: ...………………….….....................……………………………………... ………….……………………………………………………..………………………………... PROVIDE DETAILS OF ANY PREVIOUS PERMITS: …….......................……………….. ……………………………………………………………….…………………………………. Residential Commercial Industrial Recreational Institutional Agricultural Other Total No of Plots Area (Sq ft) Physical Planning CAP. 8.03 51 Revision Date: 1 Jan 2002 [Subsidiary] LAWS OF MONTSERRAT I HEREBY CERTIFY THAT I AM (NOT) THE OWNER OF THE LAND TO WHICH THIS APPLICATION RELATES (If the land is not owned by the applicant, the application should be accompanied by a letter from the owner indicating that his/her consent is granted for development of the land). DETAILS OF ELECTRICAL SUPPLY: ........................………………………………………………… PROPOSED WATER SUPPLY: ........................………………………….……………...…….………… PROPOSED SEWERAGE DISPOSAL: .........................………………...…………………….………… PROPOSED ROAD SPECIFICATIONS: .……………........................…..…………...……….………… PROPOSED DRAINAGE: ..........................……………………………………………………………… APPLICANT’S/AGENT’S1 SIGNATURE: ...…………….......…........ DATE: .....…………..………… 1 Delete where applicable 52 CAP. 8.03 Physical Planning Revision Date: 1 Jan 2002 LAWS OF MONTSERRAT