TOWN AND COUNTRY PLANNING ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Appointment of Town and Country Planning Authority

   4   Constitution and duty of Advisory Planning Committee

 

PART IA
Interin Development of Land

      Interim development order

PART II
Preparation, Confirmation and Modification of Development Orders

   5   Preparation and notification of provisional development orders

   6   Objections to provisional development orders

   7   Confirmation of provisional development orders

   8   Amendment of confirmed development orders

   9   Development in interval between notification and confirmation of provisional development orders

 

PART II
Contents and ejects of Development Orders

   10   Contents of development orders

   11   Applications to local planning authority for permission

   12   Reference of applications to the Authority

   13   Appeals to Minister

   14   Applications to determine whether permission required

   15   Provisions relating to grant of permission

 

PART IV
Compensation for refusal or conditional grant of planning permission

   16   "Planning decision" defined

   17   Compensation for refusal of permission in certain cases

   18   Compensation excluded in respect of certain matters

   19   Compensation excluded if certain other development permitted

   20   Procedure for making claims for compensation

   21   Notification to Minister of findings of Board

 

PART V
Revocation and Modification of permission to develop and enforcement of planning control .

   22   Power of local planning authority to revoke or modify planning permission

      Establishment of Appeal Tribunal

   23   Enforcement of planning control

      Appeal to Minister

   23B   Application for injunction

   24   Recovery of expenses incurred by local planning authorities

   25   Orders for preservation of trees and woodlands

   26   Control of advertisements

   27   Claims for compensation.

   28   Power to require proper maintenance of waste land, etc

 

PART VI
Miscellaneous

      Minister may appoint person or persons with respect to appeals

   29   Powers of entry

   30   Service of notices, etc

   31   Regulations

   32   Offences

   33   Validating and enforcement of certain contracts

   34   Establishment of Compensation Assessment Board

      SCHEDULES

 

THE TOWN AND COUNTRY PLANNING ACT

[Date of Commencement: 1st February, 1958]

Law 42 of 1957.

Acts
42 of 1969,
4 of 1976,
6 of 1985,
27 of 1987
9 of 1991,
29 of 1991,
16 of 1993,
3 of 1999.

PART I
Preliminary

1   Short title

   This Act may be cited as the Town and Country Planning Act.

2   Interpretation

   In this Act-

   "advertisement" means any word, letter; model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction, and without prejudice to the foregoing provision includes any hoarding or similar structure used or adapted for use for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

   "Authority" means the Town and Country Planning Authority appointed pursuant to section 3;

   "Board" means the Compensation Assessment Board established under section 34;

[6/1985 s 2(a).]

   "building" includes any structure or erection and any part of a building as so defined, but does not include plant or other machinery comprised in a building;

   "development" has the meaning assigned to it by section 5, and "develop" shall be construed accordingly;

   "improved value" means improved value as defined in the Land Valuation Act;

   "Judge" means Judge of the Supreme Court "local authority" means-

   (a)   in relation to the parishes of Kingston and St. Andrew, the Council of the Kingston and St. Andrew Corporation as constituted under the Kingston and St. Andrew Corporation Act;

   (b)   in relation to any other parish, the Parish Council of such parish;

   "local planning authority" means-

[29/1991 s 2.]

   (a)   in relation to the parishes of Kingston and St. Andrew, the Council of the Kingston and St. Andrew Corporation;

   (b)   in relation to any other parish, the Parish Council of that parish; and

   (c)   in relation the any area situated within two or more parishes the person or body that the Minister may in writing appoint;

   "Minister" means the Minister responsible for town and country planning;

   "planning permission" means the permission for development which is required by virtue of section 10;

   "road authority" has the meaning assigned to it by the Road Traffic Act;

   "specified date" means such day as may be specified in a development order as the base date for valuations in assessing compensation being not more than one year before the publication in the Gazette of the notice under section 5 in relation to the development order under or for the purposes of the preparation of which is done the act in respect of which compensation is to be assessed under this Act;

   "statutory undertakers" means persons authorised by any law to carry on any transport undertaking by land or water, or any undertaking for the supply of electricity, gas, hydraulic power or water, or any telephone service;

   "Tribunal" ......

[3/1999 s 2.]

3   Appointment of Town and Country Planning Authority

   (1) For the purposes of this Act the Minister shall a person or persons to be the Town and Country Planning Authority, and subject to the provisions of this Act, and from time to time by order published in the Gazette define the composition, powers and duties of such Authority.

   (2) The Government Town Planner shall be a member ex officio of the Authority.

[16/1993 s 3(b).]

4   Constitution and duty of Advisory Planning Committee

   (1) There shall be established a body to be known as the Advisory Planning Committee, and the members of such body shall be appointed in accordance with the provisions of the First Schedule, and the provisions of that Schedule shall have effect with respect to the constitution and procedure of the Committee.

   (2) It shall be the duty of the Committee with a view to the proper carrying out of the provisions and objects of this Act, to advise the Minister on any matter within its knowledge or on which the Minister may seek its advice.

PART 1A
Interim Development of land

4A   Interim development order

   (1) The Minister may, after consultation with a local authority, make an order to be known as interim development order in respect of any land which is not the subject of a confirmed development order, other than land to which a Town and Country Planning (Filling Station) Development Order relates.

   (2) An interim development order shall state-

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