Town and Country Planning (Chaguaramas) Development Order (Cap. 35:01)

TOWN AND COUNTRY PLANNING (CHAGUARAMAS) DEVELOPMENT ORDER ARRANGEMENT OF CLAUSES CLAUSE 1. Citation. 2. Interpretation. 3. Directions restricting permitted development. 4. Permitted development. 5. Development requiring special permission. 6. Special provisions respecting development affecting existing or proposed arterial roads. 7. Minister’s permission required for demolition, etc. 8. Notices and documents. 9. Saving. 10. Reports on development. 11. Enactments not to apply to development. SCHEDULE. 114/1975. [39/1995]. TOWN AND COUNTRY PLANNING (CHAGUARAMAS) DEVELOPMENT ORDER made under section 9 (1) 1. This Order may be cited as the Town and Country Planning (Chaguaramas) Development Order* and shall apply to the North-western Peninsula of Trinidad, being the area described in the Schedule. 2. In this Order— “Authority” means the Chaguaramas Development Authority established under section 3 of the Chaguaramas Development Authority Act; “Development Plan” means the Chaguaramas Development Plan as approved by Parliament; “land” means any corporeal hereditament, including a building; “layout plan” means a detailed plan showing the manner in which land vested in the Authority is to be subdivided and utilised; “offensive trade” has the meaning assigned to it by section 2 of the Public Health Ordinance. 3. (1) Where the Minister is satisfied— (a) that development as indicated on the Development Plan should not be undertaken in any case; or (b) that development should not be undertaken except express permission is granted by him in that behalf, he may direct that permission granted by clause 4(1) shall not apply to all or any development in any particular area specified in the direction. (2) Notice of any directions given under subclause (1) shall be published in the Gazette and in at least one daily newspaper circulating in Trinidad and Tobago. The notice shall contain a concise statement of the effect of the direction and the place where a copy thereof and of a map defining the area to which it relates may be inspected by the public. (3) The Authority shall act in such a manner as to give effect to the terms of the directions made under subclause (1). (4) No directions given under subclause (1) shall have effect in relation to the carrying out in case of emergency of any development specified hereunder— (a) maintenance of bridges and buildings; (b) maintenance of docks, harbours, quays and wharves; (c) provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required for the purposes of shipping or in connection with embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, quay, harbour, wharf or basin; (d) any development required in connection with improvement, maintenance or repair of watercourses or drainage works. 4. (1) Notwithstanding the provisions of clauses 3 and 5, where a layout plan prepared by the Authority is approved by the Minister, development in accordance with the plan shall be permitted on the lands vested in the Authority and may be undertaken without any further permission from the Minister. (2) It shall be the responsibility of the Authority to ensure that where lands vested in it are being developed, the development is in conformity with the plan approved by the Minister, the relevant sections of the Act, the provisions of this Order and any directives which may be issued by the Minister from time to time. (3) The provisions of the Town and Country Planning (General Development) Order shall not apply to lands vested in the Authority. 5. Notwithstanding clause 4(1) the following types of development shall require the prior approval of the Minister: (a) the construction of buildings for use as public conveniences; (b) the construction of buildings or use of land for the disposal of refuse or waste materials or as a scrap yard or for the winning or working of minerals; (c) the construction of buildings in areas allocated as National Parks and Nature Reserves; (d) the construction of buildings to a height exceeding forty feet; (e) the construction of buildings or use of land for sewerage treatment; (f) the construction of buildings for any of the following purposes, namely, recreation, resort, hotel, night club, cinema, dance hall, stadium, a Turkish or other vapour or foam bath; (g) any development for the purpose of carrying on an offensive trade. 6. (1) This clause applies to the arterial roads indicated on the Development Plan. (2) With respect to any development which consists of or includes— (a) the formation, laying out or alteration of any means of access to an arterial road to which this clause applies; or (b) any other development of land within 100 feet (or such other distance as may be specified in a direction given by the Minister) from the middle of the existing or proposed road to which this clause applies, the Authority shall notify the Minister and shall not undertake the development until it has received his approval. The Minister may by notice direct that such buildings as may be specified in the notice may not be demolished, altered or extended without his permission. The notice shall be published in a newspaper in circulation in Trinidad and Tobago. 8. Any notice or other document to be served or given under this Order may be served or given in the manner prescribed by section 35 of the Act. 9. Nothing in this Order shall apply to any permission which is deemed to be granted under section 22 of the Act. 10. The Authority shall submit to the Minister every six (6) months a Report on all development executed on lands vested in it. 11. In the exercise of the powers conferred by section 9(4) of the Act it is hereby directed that the following Parts of the Public Health Ordinance and the subsidiary legislation made under such Parts shall not apply to any development specified in this Order, namely—Parts II, III, IV, V, VIII and sections 92 and 93 of Part XIII. (Schedule omitted)