Town and Country Planning (Amendment) Act, 2005 (No. 2 of 2005)

Am::adm::ot of section 14 of principal Ad. ~ SAINT VINCENT AND THE GRENADINES ACf NO. 19 OF 1993 [LS. J I ASSENT DAVID E. JACK Governor-General 6th July. -1993 A.N AC r amend the Town and Country Planning Act, 1992. 6th July. -1993 BE ~ =:NACI'ED by the Queen's Most Excellent Majesty by and with tht;c. "i..:eand consent of the House of Assembly of Saint Vincent and the :"~~dines and by the authority of the same as follows: 1 -=::is Act may be cited as the Town and Country Planning (Amen=r) (No.2) Act, 1993, and shall be read and construed as one witi = Town and Country Planning Act, 1992 hereinafter referred to as the :Imcipal Act. 2. Section 14 of the principal Act is amended by adding next after sin-section (3) the following as subsections (4) and (5) U(~) An: ~n found trading or engaging in any commercial activity in contrsession of an order made under subsection (1) prohibiting such activity .::mmmi.tsan offence and is liable :.~} to have his goods immediately seized and detained for such time as may be necessary by any officer duly authorized in writing by the Board; ;tb) on summary conviction to a fine not exceeding one thousand dollars- or to imprisonment for a term not exceeding six months". U(5) ~ a person is convicted of an offence under this section. the Court~ . «1) order the forfeiture of the goods in relation to which the offence was committed and may order that the goods be disposed of a.. the Court may direct; 66 No. 19 Town and Country Planning (Amendment) (No.2) 1993 < (b) order the person to desist from engaging in any trading or commercial activity in relation to which the offence was committed until such time as the Court may direct." Passed in the House of Assembly this 25th day of May, 1993. ~-. J .TIffiRESA ADA.\1.S Clerk of the House of Assembly Printed by the Government Printer at the Government Printing Office, Kingstown, St. Vincent and the Grenadines. . 1993 [ Price 80 cents ] . ~: ;. ; No.l~ 64 ..".. '::- Town and Country Planning (Amendment) ~ • - .•. I. 1993 ' (b) in subsection (3) by deleting the fullstop at the end of the subsection and substituting a colon and adding at the end of the subsection the following proviso "Provided that Cabinet may at any time by instrument in writing remove any such member and may appoint in his place any other person to serve for the remaining term of office of the person removed as may be specified in the instrument of his appointment which period shall not exceed two years in any instance." Passed in the House of Assembly this 25th day of May, 1993. J. THERESA ADAMS Clerk of the House of Assembly Prmed by the Government Printer at the Government Printing Office, Kingstown. St. Vincent and the Grenadines, 1993 [ Price 80 cents ] ; ! i I 1-' j i I I i «! [L.S. J ACf NO. 18 OF 1993 I ASSENT DAVID E. JACK Governor-General 6th July, 1993 AN ACf to amend the Town and Country Planning Act, 1992. 6th July, 1993 BE IT ENACIED by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Assembly of Saint Vincent and the Grenadines, and by the authority of the same; as follows: L This Act may be cited as the Town and Country Planning (Amendment) Act, 1993, and shall be read and construed as one with the Town and Country Planning Act, 1992 (No. 45 of 1992) hereinafter referred to as the principal Act. 2. Section 3 of the principal Act is amended (a) in subsection (i) (i) by deleting the word "twelve members" and substituting the words "fourteen members"; "-..:<' Short titlieand CO;ISIIIICri01t A=ndm:ntof sedion3of IriociPal Act (ii) in paragraph (a) by deleting the words "the following ten members of Planning shall be" and substituting the words "the following eleven . members shall be"; (iii) in paragraph (b) by deleting the words "not in the Public Service." (iv) by inserting next after sub-paragraph (x) the following as sub-paragrapb (xi) "(xi) the Warden of the Kingstown Town Board or his nominee." " : . '-., • l,. ••••••• '-; . , 3 .~ . SAINT VINCENT .AND 1m ·GRENADINES ACT NO. 2 CF 2005 I ASSENT DR FREDERICX· BAILANTYNE Govc:nar -Geaeral lst March, 2005 AN ACT to amend the Town and Cbnntry Planning Act, l'b. 45 of 1992. [ lst·March, 2005 ] . BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Honse of Assembly of Saint Vmcent and the Grenadines and bythe authority of the same as follows:- . . L This Act which amends the Town and Country Planning Act, hereinafter referred to as 1h~priDcipa1Act, maybe cited as the Town and cOan:tryPlamring(Amendment) Act, 2005, and lfuillcomeinto cperation on such date as the Governor-General by Proclamation in the Gazette appoints. 2. Section 2 oftllepriIlcipalActis·amendedb), (a) repealing the 'definition of "building" and snbstitnting the fullowing defurition: , "building' includes any erection. smctnre or any part of a building erected on of made On or in or under any lands whether temporary ocpennanent, and Vihere the contexts SO permits, includes the land en, :inor under Wrich the building is situated bat does rot ilcludeplant ocmaclrinery contained in a building;'; (b) repealing the definition of"devel.opmeuf' and substituting the fullowing definition: , "development" means the carrying out of building, demolition, rebuilding, engineering, mining or other operations in. on, over or under land, the making of any Short titie and commencement Amendment of section 2 of principal Act 4 Town and Country Planning (Ameadment)' 2005No.2 (. material change in 1he use of any brilding (I" <ther land, 1he subdivision of land and the display of any advertisement; [the construction of garden hrrts (other than g3!ages )..gates, . f fences and -walIs not exceeding ihree feet m height does not Lconstitute development;'; . (c) inserting in their appropriate alphabetical positions, the following definitions: . "buildingregnlations" means regu1atians made nnder section . 36P4 ' . "constmction" means to do anything with respect to the erection, installation, extension, material alteration or repair of a bailding; "demolition" meansthe palling down orremov3I of a building or anymaterial part thereof; . "occupancy certificate" means a certificateissued pursuant to section 16B; . "permit" means a permit issued pursuant to section 16.i\ a:uth.orising development, a:instrnction cr demolitiOn and shall be used, interchangeablywith the term- "building permit";' . Amendment of 3. Section 3 of the principal Act is amended in paragraph (a) of section 3 of subsection (1) by deleting subparagraph (vii) and:inserting 1he :lDllowing principal Act <: ''(viI) theManager of National Properties limited or his ~ b.e. lr nominee;". . ~~ h,;t"'"'...bc.. ' ' 4. The principal Act is amended by inserting immediately after section 16 the.following sections "Building permits 16A(1) No person shall proceed with required constrnction <r demolitionofa brilding, mless a permit has been issued therefor by or under the authorityof'the Board. (2) TheBoard S:J.allissuea permit:n . constructionordemolition ofalxri!dingex.cept (a) 'where the construction or demolition would not be :in accordance with the terms and conditions of any permission for the development ofland or the Insertion of new sections .' 16~ 16B " No.2 5 Town and Country Planning (Amendment) 2005 building regulations, or would contravene - any other applicable law; (b) where the application for the pernritis incomplete; or (c) where any:fees due are unpaid. (3) No person shall make a material change or cause a material change to be made to a plan, specification, document or other information onthe basis of which a permit was issued without first filing details of such change and· obtaining anihorisation therefor from the Board. . (4) The Boardrnayrevoke a permit (a) whereib.epermitwasissuedm the basis of incorrect or false information, (0) where one year after the issue of the permit, the construction or demolition in respect of which the permit was issued has not, in the: opinion of the Board been substantially commenced; CI" (c) where the construction or demolition is, in the opinion of the Board, substantially suspended or discontinued for a period of more 1hat two years. . (5) Nothing in subsection (4) prevents the issue cf anewpermit fullowing the revocation of aperni:itunder subsection (4), provided that all of the conditions of subsection (2) are met. (6) No person shall develop land, construct, cause to be constructed or demolish a building except in accordance with the plans, specifications, documents and any other information on the basis of which a permit was issued or any changes thereto were anthorised, .: No.2 6 Townand Country Planning (Amendment) 2005 (T) Where the Board issues a building permit, there shall be returned to the applicant one set of the plans, specifications, surveys and other documents filed with the application Dr the permit, dearlymarked with the particulars of the permit issued, and the applicant shall keep at all times all such documents andother prescribed recordsat fue construction site. o c cup an C y 16B.(1) Upon the completion of any c e r t i fie ate building or land development in substantial required ~ !3lIIII@mcewithth.e1ennsofapennit,andupon @ payment afanyp:="bed:i;,e, fueBoard man furthwith issue an occupancy certificate. (2) Subject to the provisions of subsection(5),no person man a:cupyorpermit any new building to be occupied unless and until an occupancy certificatehas been.issued. (3) Where part of a building undergoing construction can be occupied without endangering public safety,th.eBoard may issue a iwpwary certificateofocgrpanc;y for such part before all work covered by the building permit bas been completed, (4) A temporary certificate of occupancy may contain such terms and conditions and shall be subject to such limitations asfue Board considers appropriate and, "VIhereDO period:isspecified,shall bevalid fur:ninety days from its date of issue and may be renewed if necessary. (5) Notwithstanding the provisions of subsection(2), it IDallbe Jawfnl (a) to occupy a part of a building in respect ofv;hich a temporary certificate of occupancy has been.issued so long as such occupancy complies with.the terms of the temporary certificate of occupancy therefor; and I . .-; No.2 7 Town and Country Planning (Amendment) 2005 (b) to occupy a new building by not more than two caretakers." Section 18 of1he p:incipal Act is amended (a) in subsection (1) (a); (b) in subsection (3); byinserting after "Act" 1he following: "or of regulations made thereunder", Section 31 offueprincipalAct is amended: (a) in subsection (2) by deleting the words "subsection (2)" and substituting the following: "subsection '(6)"; (b) in subsection (6) byinserting after "Act" the following: . "or of regulations made thereunder". ,,7. The principal Act is fiIrther amended by inserting immediately after section 36 the following sections- ' ' 5. 6. " B u i 1 din g 36A(I) The Minister may make regulations to b. regulations as to the nllowing matters made ' .' ' '(a) astonew baildings ® thepreparation and'''' foundations cfthe site; (Ii) the method of construction, structural strength and stabiIity; (iil) thematerials, including materials of short life and their preservation from decay and infestation; (Iv) the space of buildings; (v) the insulation, lighting and ventilation of rooms; Amendment of section 18 of principal Act Amendment of section 31 of principal 'Act Insertion of new sections, 36A, 36B,36C,36D No.2 8 Town and Country Planning (Amendment) 2005 . (VI) the dimensions of :rooms end spaces; (vii) planning standards; (vill) fire precautions and safety; (Ix) plumbing and water supply, (:x) sanitation; (xl) electrical installations and wiring, gas installations aitd piping, and tele commnnicarions services; QciV lifts and o1her mechanical means of conveyance for access; (xii) refuse disposal and emission of noxious or offensive substances; (xiv) hurricane and earthquake precautions and protection; (xv) means of access to and egress from buildings; (XVI) (xvii) iow cost housing; the use ofbuildings or parts ofbuiidings; (xviit) matters connected with, or ancillary to any of the foregoing matters; ~ (b) as to existing baildings (i) structural alterations or . extensions 10 baildings, and lm:ildings so far as affected by alterations or ecteasions; ~ { ' No.2 9 Town and Country Planning (Amendment) 2005 (iI.) buildings or parts of buildings in cases where there is any material change within the meaning of this section, the purposes for Wrich a building, or as the case may be, a part of a building is used, and, so far as they relate to the matters mentioned in this paragraph. regulations made under paragraph (a), maybe made to apply to buildings erected before 1he date en which 1he building regnlati.ons came into nee. . (2) There man be a material change in the purposes fur which a building or part of a building is used if (a) a building, or a part of a building being a building II part which was not originally constructed for occupation as ahouse, or which though so constructed has been appropriated to other purposes, becomes used as a house; (b) a building or part of a building being a building CB: part which was originally constructed for occupation as a house byone :tamiIyonly, becomes occupied as separate establishments by two or more families; or (c) building regulations contain special provisions with respect to lnildings used for any particular purpose and a building not previously 10 Townand Country Planning (Amendment) 2005No.2 used for that purpose, becomes so used. c j.r (3) Buildingregnlations may- (a) exempt anybuilding,part of abuildingor classofbailding :from anyoffuerequirements of the regulations; (b) provide for different regulations to apply to different buildings, parts of buildings or classes of buildings; or (c) provide fur1he:impositionof or impose conditionson any permit to construct a building. (4) Regulations made nuder this sectionmay include provisions as to (a) the depositing of -l'lans, sections, specifications and written particulars; (b) the giving of notices and certificates; (c) the inspection of development (including the power to require the uncovering of development which has been covered prior to inspection); (d) the testing of drains and sewers and fhe taking by fhe Boardor abuildinginspector of samples ofmateria1sto be used in the construction of buildings or in fhe execution of other developments; or / Il"-= No.2 11 Town and Country Planning (Amendment} 2005 (e) thep:-escribing aid paymeat of fees. 36B. The Public Service Commission shall appoint building inspectors to assist the Physical Planner to enforce the building regulations, Approval and 36C. (1) Where plans of any rejection of plans proposed development tre, in accordance with building regulations, deposited with the Physical Planner, the Physical Planner shall approve the plans, unless (a) they are defective; (b) they contravene any provision of the building regulations; or . (c) there is a failure to comply with1hisAct, Appointment of building inspectors when he shall refer those plans to the Board together with his written advice thereon. (2) In referring plans to the Board under sabsection (1) 1he Physical Hanna may rec:omm.endthat 1b.eBoanire1ax or 1.ispensewi1h any 'requiremeat contained in the building regulations where the Physical Planner considers that the operation of any such - .requirement would be unreasonable :in relation to that particular case. (3) Bnildingregulaticmsmayprovide, as regards any requirement contained in the regulations, that subsection (2) !hall not i¥'p1y. (4) On receipt of any plans on a referral by the Physical Planner under subsection (1), the Board may reject 1hose pans or pass them subject to either or both of the conditions set out in subsection (6). (5) If the Board accepts the recommendations made by fuePhysical Hanner under subsection (2), the Board may relax or 12 Town and Country Planning (Amendment) 2005No.2 • > dispense with the requirements of the building regulations mentioned in that recommendation and approve those plans. (6) The conditions mentioned in subsection (4) are: . (a) that such modifications as the Board may specify shall be made in the deposited plans; and (b) that such farther plansas the Board may specify Shall be deposited, to bring the plans into conformity with building regulations: (J) The Physical. Planner shin notify1b.eperson an Viihosebehalf the plans have been deposited, within sixty days "Or such extended time as agreed by that person, whether those plans have been: passed or rejected. (8) A notice of rejection of plans shall stateihe defects on account of which or the building regulation or section of this Act fur non-confurmitywi1b. which or under the authority ofwhich, the plans have been rejected. (9) A notice that plans have been approved shall (a) if the plans have been approved byfueBoard in exercise of any power to relax or dispense with ary requirement of building regulations or this Act, state the requirements of the building regulations or this Act, relaxed or dispensed with; .., .'- 1 ., No.2 13 Thwnand Country Planning (Amendment) 2005 (b) in any case state that the notice of approval operates as an approval thereof OIJly for the purposes of the requirements of building regulations and does not constitute development permission. (10) (a) A person on whose behalf plans are deposited may applyto the Minister, before that person substantially commences any proposed development, to have any question arising between the Board or the PhysicalPlanner andthat personas towhether (i) the plans are defective; (ii) the development would contravene 1hebuilding regulations or this Act; or (Iii) a relaxation of or dispensing with the requirements of the building regulations ought to have been granted under subsection (5), determined, (b) Ifthe qnestiem.arising under this subsection is a failure em.the part of the PhysicalHanner crtheBoardto decidewhether the deposited plans aredefective,the Minister may order the Board to approve or reject the plans within a time to be specified by the Minister . Deposit of plans to be ineffective after two years 36D. Where plans of any proposed development have been ~osited in accordancewithbuilding regulations andeither the plans have been approved or notice of rejection of them has not been given in accordance with section 36C and the 14 Town and Country Planning (Amendment) 2005No.2 development to which the plans relate has not been completed within two Je2TS of the deposit of those plans, 1he deposit of the pans shall be of'no effect." Passed in the House of Assembly this 12th day of October, 2004. NICOLE HERBERT Clerk of the House of Assembly. Piin.tedby 1he Government Pri)J.terat the Government Printing Office, Campden Park, St Vincent and the Grenadines. 2)05 [Price $7.20] .. . '.