Land Planning and Development Control (Forms and Fees) Regulations, 2013

59 3. Appeal Site 3.1 Authority reference no.: 3.2 Description of Appeal Site: 3.3 Date of application/notice/order: 3.4 Date of decision notice 4. Grounds of Appeal This appeal is against the decision of the Authority to (circle as applicable): (1) refuse an application for development permission or to impose any condition on granting development permission; (2) require an environmental impact assessment report for the purposes of development permission or to require a specific type of report; (3) modify or revoke development permission or to refuse to withdraw a notice modifying or revoking development permission; (4) require the completion of a development within a time limit; (5) serve an enforcement notice or as to the terms thereof; (6) impose a building preservation order or tree preservation order: (7) make an amenity order; (8) issue a notice requiring discontinuance of use or alteration or removal of buildings or works. 5. Signature Date Return to: The Clerk, Land Development Appeals Tribunal The Castle, Jamestown, St Helena STHL 1ZZ Telephone Tel: +290 22340 Fax: +290 22598 E-mail: judicial.manager@sainthelena.gov.sh LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2013 LAND PLANNING AND DEVELOPMENT CONTROL (FORMS AND FEES) REGULATIONS, 2013 (Section 70) Citation and commencement 1. These Regulations may be cited as the Land Planning and Development Control (Forms and Fees) Regulations, 2013, and come into force on 1st February 2014. Forms of applications and notices 2. The following applications and notices under the Ordinance must be in the form set out in Schedule 1: (a) Application for development permission (Form A); (b) Application for screening and/or scoping opinion (Form B); (c) Application for minor variation of development permission (Form C); mailto:judicial.manager@sainthelena.gov.sh 60 (d) Notice by prospective purchaser unaware of unauthorised development on land (Form D); (e) Claim for compensation (Form E); Fees 3. The fees set out in Schedule 2 are payable in respect of the matters set out in that Schedule. SCHEDULE 1 (Regulation 2) ST HELENA LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE 2013 FORM A APPLICATION FOR DEVELOPMENT PERMISSION Please complete using block capitals and black ink. Two copies are required together with three copies of all plans and drawings. Please read the accompanying guidance notes to avoid incorrect completion of the form which will delay your application. 1. APPLICANT Name Address Telephone Email Address AGENT Name Address Telephone Email Address 2. Address of the site to which the application relates: Please state: Land Registration Details Section: Block No: 61 Parcel No: Grid Ref: N E 3. Description of the Proposal 4. This Application is for: a) Full Development Permission b) Outline Development Permission Please tick one box 5. a) If the Proposal includes the construction of new buildings or change of use of an existing building, please state the floor area in square metres (See guidance notes on what to include). b) If the proposal is for extension of an existing building please state the floor space of the extension in square metres (See guidance notes on what to include). c) If this is an application for outline development permission please state the area of the site in square metre or hectares (See guidance notes on what to include). d) Is this application accompanied by an environmental impact assessment report? e) Is this application accompanied by a written statement further explaining the proposal? 6. Description of the existing use of the land/building. If vacant, please state the last use and when it ceased. 7. a) Does the site have existing vehicle access? YES/NO b) Is a new or altered vehicle access proposed? YES/NO c) Does a public right of way cross any part of the site? YES/NO 8. What are the proposed arrangements for dealing with sewage? If the arrangements include a septic tank: a) Is it existing? Or proposed? b) State its internal dimensions Depth Length Width Or state its capacity if prefabricated in m3 c) Has a soil percolation test been done for the soakaway system? YES/NO 62 If yes, please attach the details. d) Is the soakaway area on land within your control? YES/NO If no, please attach a statement of agreement from the owner. 9. What are the proposed arrangements for dealing with rainwater and surface water from the proposed development? 10. Is there an existing drinking water supply? YES/NO If no, state the proposed arrangement. 11. Have you consulted your neighbours or the local community about the proposal? YES/NO 12. Have you consulted any SHG Department or other relevant organisations about the proposal? YES/NO 13. If this application is for a new building or extension please state the materials and finish to be used: a) External Walls b) Roof Coverings 14. Please confirm the plans submitted with this application. As a minimum they must include three copies of the following with the scale and north-point marked on them: Please tick Location plan or satellite image at scale 1:5000 or larger. Showing accurately all surrounding development and roads with the application site edged in red. List and description (if any) of electronic transmission equipment to be installed and operated as part of the development, including output power and operating frequencies. Development plans to provide description of all site and external lighting (this should be downward facing only). And unless this application is for outline development permission only: Site plan at scale 1:250 or larger with the site boundaries, drainage layout (including any septic tank and soakaways, or the point of connection to the communal system, inspection chambers and vent pipes), vehicle access, parking and turning area, retaining walls and boundary treatments, with the application site edged in red. 63 If the proposed development will involve excavating or building up ground levels, site section drawings at scale 1:250 or larger showing existing and proposed slopes and measures to retain them and for their drainage. And if the proposed developments includes building works: Building plans at scale 1:100 or larger showing floor plans of each storey, all elevations and sections, providing finalised ground and roof levels, clearly showing maximum height above site ground level. 15. a) I hereby apply for Development Permission as described in this application and accompanying plans and drawings in both hardcopy and electronic formats. b) I enclose (Development Application fee): SHG Receipt Number In the sum of £ Cheque Number Signed Applicant Agent On behalf of (Insert applicant’s name if signed by an agent) Date of Application FORM B LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2013 APPLICATION FOR SCREENING AND/OR SCOPING OPINION (Section 20) 1. SCREENING OPINION/ SCOPING OPINION (tick appropriate box) 2. APPLICANT(S) AGENT Name Name Address Address Telephone Telephone 64 3. DESCRIPTION OF LAND TO BE DEVELOPED (And provide a plan sufficient to identify accurately the whole pf the land to be developed.) 4. State Applicant’s interest in the site: (tick appropriate box) Owner Lessee Prospective Purchaser 5. DESCRIPTION OF NATURE AND PURPOSE OF THE PROPOSED DEVELOPMENT AND OF ITS POSSIBLE EFFECTS ON THE ENVIRONMENT (Continue on separate sheets as necessary) Signed Dated this day of 20 . FORM C LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2013 APPLICATION FOR MINOR VARIATION OF DEVELOPMENT PERMISSION (Section 29) 1. APPLICANT(S) AGENT Name Name Address Address Telephone Telephone 2 APPLICATION NO. FOR DEVELOPMENT PERMISSION: 3. DESCRIPTION OF LAND: 4. State Applicant’s interest in the site: Owner/Lessee 5. DESCRIPTION OF PROPOSED VARIATION OF PERMISSION: FORM D LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2013 NOTICE BY PROSPECTIVE PURCHASER UNAWARE OF UNAUTHORISED DEVELOPMENT (Section 37) 65 1. PROSPECTIVE PURCHASER(S): 2. CONTACT DETAILS: Address: Telephone: 3. DETAILS OF LAND TO BE PURCHASED: TO THE PLANNING OFFICER: TAKE NOTICE THAT I/we intend to purchase the land described above and that I am unaware of any development that has been carried out on such land without development permission. Should you not notify my/us within two months of any development which has been carried out on the land without permission, all development thereon at the time of receipt by you of this notice is under the Ordinance, for purposes of any enforcement notice issued thereafter, deemed to have been permitted by the Board. Signed Dated this day of 20 . FORM E LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2013 CLAIM FOR COMPENSATION (Section 49) APPLICANT: CONTACT DETAILS: Address: Telephone: DETAILS OF CLAIM FOR COMPENSATION: Signed Dated this day of 20 . SCHEDULE 2 (Regulation 3) 66 FEES 1. Subject to paragraphs 2, 3, 4 and 5, the fees payable under these Regulations are as follow: 1 Outline development application Site area to which application relates: Up to 0.1 ha (¼ acre) £45.00 exceeding 0.1 up to 0.5 ha (1¼ acres) £90.00 exceeding 0.5 up to 2.5 ha (6¼ acres) £150.00 exceeding 2.5 up to 10.0 ha (24½ acres) £350.00 exceeding 10 ha (24½ acres) £1,000.00 2. Full development application (excluding fees for building regulations) (a) New dwellings: Floor area created: up to 90m2 £45.00 exceeding 90m2 up to 120m2 £45.00 exceeding 120m2 up to 200m2 £45.00 exceeding 200m2 £90.00 (b) Domestic extensions, domestic alterations and ancillary domestic buildings: New floor space created: up to 12m² £35.00 exceeding 12m² up to 30m² £35.00 exceeding 30m² up to 90m² £45.00 exceeding 90m2 £45.00 (c) Non-domestic development: New floor space created: up to 90m² £45.00 exceeding 90m² up to 120m² £90.00 exceeding 120m² up to 250m² £125.00 67 exceeding 250m2 up to 500m2 £125.00 exceeding 500m2 £250.00 3. Building regulations application (whether submitted as part of a full development application or for building regulations approval alone): (a) New dwellings: New floor area created: up to 90m2 £105.00 exceeding 90m2 up to 120m2 £155.00 exceeding 120m2 up to 200m2 £250.00 exceeding 200m2 £205.00 plus £45.00 for every 45m2 over 200m2 (b) Domestic extensions, domestic alterations and ancillary domestic buildings: New floor space created: up to 12m² £65.00 exceeding 12m² up to 30m² £100.00 exceeding 30m² up to 90m² £135.00 exceeding 90m2 £180.00 (c) Non-domestic development: New floor space created: up to 90m² £105.00 exceeding 90m² up to 120m² £155.00 exceeding 120m² up to 250m² £250.00 exceeding 250m2 up to 500m2 £500.00 exceeding 500m2 £500.00 plus £50.00 for every 100m2 over 500m2 4. Change of Use Development application and building regulations Same as fees in Items 2 and 3 (all categories) based on proposed use and resultant floor area 5. Environmental Impact Assessment Application for Screening Opinion £0 68 Application for Scoping Opinion £150.00 6. Appeals Lodging of Notice of Appeal: Development up to 120m2 floor area (full applications) or 0.1 ha (¼ acre) (outline development applications) £150 (refundable if Appeals Tribunal allows the appeal) Development over 120m2 floor area (full applications) or 0.1 ha (¼ acre) (outline development applications) Twice the fee payable under item 1 or 2 but limited to £1,000 (non-refundable) 2. If the development application includes more than one dwelling of identical design, the building regulations fee payable under item 3 of the table in paragraph 1 in respect of the second identical dwelling is reduced by one-third and on the third and subsequent identical dwellings by one half. 3. If an application is submitted for approval of details after outline development permission has been granted and such application is in accordance with the requirements of such outline development permission, the applicable development permission fees payable under item 2 of the table in paragraph 1 are reduced by one third. 4. The fees in the table in paragraph 1 are reduced by 50 per cent in the case of an application for development by— (a) a charitable organisation registered under the Charities Ordinance, 2005, for any charitable purpose carried on by such organisation as referred to in such Ordinance; or (b) a community association registered under the Community Centres Ordinance, 1988 for purposes of providing any community facilities. 5. No fees are payable in respect of development undertaken solely to facilitate easier access by disabled persons to any buildings or land, or to the use of such buildings or land. 6. Any fee paid by a person under Item 6 in respect of the lodging of a Notice of Appeal, must be refunded to the person if the appeal is upheld or the original decision against which the appeal was noted is varied on appeal. LAND PLANNING AND DEVELOPMENT CONTROL ORDINANCE, 2013 LAND PLANNING AND DEVELOPMENT CONTROL (GENERAL DEVELOPMENT) ORDER, 2013 (Section 16(2)) TABLE OF CONTENTS