Planning and Development

Lecture 2
The Real Estate Training Institute
Pre-Licensing Course for Salesmen
July 2023

Facilitator: Sean Hylton

 From yesterday
• Define development
• Permission(s) that may be required to carry out development
• Focus given to planning permission (Town and County Planning Act)
• Terms used to refer to planning
• The decision-making process
- Planning Authorities
- Development Orders
- Types of application for development
- Submission and processing of applications
 The Decision-Making Process
• Register (section 11(4))
• Consultation with other entities (Development Order)
• Processing Time: Should be within three (3) months of their receipt of the
application or such extended period as may at any time be agreed upon in writing
between the applicant and the planning authority . (Development order)
• Decision: The Authority may either grant permission unconditionally or subject
to such conditions as they think fit, or may refuse permission. (Section 10(1))
• Appeals to the Minister: if the applicant is aggrieved by the decision, he/she may
appeal to the Minister within 28 days of receipt of the decision. (Section 13)
 Lecture Structure
• The enforcement of planning control
• The basis on which appeals may be granted
• The Appeals Process
• Local Improvements Act
ENFORCEMENT
 ENFORCEMENT
Stop Notice
• May be served by the local planning authority,
Government Town Planner or the Authority
• Where it appears that a development is
unauthorized or is hazardous or otherwise
dangerous to the public
• May be served on:
a) the owner or occupier of the land; or
b) any person who is engaged in the development; or
c) any other person appearing to have an interest in
the land
Section 22A
Enforcement Notice
• May be served by the local planning authority, the
Government Town Planner or the Authority
• Must be served within 12 years…
• Where a Stop Notice is served an enforcement
notice should be served within fourteen (14) days
of serving the stop notice.
• Serve on owner and occupier of the land and any
person who carries out or takes steps to carry out
any development of such land and any other person
concerned in the preparation of the development
plans or the management of the development or
operations on such land
Section 23
 ENFORCEMENT
Stop Notice
Section 22A
• A Stop notice shall state:
- The name of the person to whom it is directed;
- The basis on which the stop order is made;
- The address on which the development is taking place or
has taken place;
- The nature of the development;
- That the notice takes effect from the time it is served; and
- The period for which the notice is effective
• Shall be for a period not exceeding ten days and may be
extended for such further period as the local planning
authority, the Government Town Planner or the Authority
may determine
Enforcement Notice
• An enforcement notice shall specify the
development which is alleged to have been
carried out without the grant of permission
or… the matter in respect of which it is
alleged that… conditions have not been
complied with
• … may require steps as may be specified in
the notice to be taken withing such period as
may be specified for restoring the land to its
condition before the development took
place…
 Appeal against and Enforcement Notice

To the Minister To the Court of Appeal

• A person on whom an Enforcement • Any person who is aggrieved by
notice is served may appeal to the a decision of the Minister may
Minister within 14 days after the appeal against the decision to the
service of the Notice.
Court of Appeal. Section 23A – (5)
• The Minister may:
a) Quash the notice…
b) Vary the notice…
c) Dismiss the appeal…
Section 23A
 Failure to comply
Failure to comply with a Stop Notice
• Any person who fails to comply
with a stop notice shall be liable
on summary conviction before a
Resident Magistrate to a fine of
not less than twenty-fine thousand
dollars nor more than one million
dollars or in default of payment to
a term of imprisonment not
exceeding six months. (section
22A(7)
Failure to comply with an
enforcement notice
• … The local planning authority, the
Government Town Planner or the
Authority… may apply to the court
for an injunction… (section 23B)
• … The court may grant such
injunction as the court this
appropriate… (section 23B)
• Local planning authority may
recover expenses incurred (section
24)
 Failure to comply
Failure to comply with a Stop Notice
• Any person who fails to comply
with a stop notice shall be liable
on summary conviction before a
Resident Magistrate to a fine of
not less than twenty-fine thousand
dollars nor more than one million
dollars or in default of payment
to a term of imprisonment not
exceeding six months.
Failure to comply with an
enforcement notice
• ... Liable on summary conviction before
a resident Magistrate to a fine not
exceeding twenty-five thousand dollars,
or in default of payment to imprisonment
with hard labour for a term not exceeding
twelve months, and if the use continued
after the conviction, he shall be guilty of
a further offence and liable on summary
conviction before a Resident Magistrate
to a fine not exceeding five thousand
dollars for every day on which the
Breach continued…
Subdivision of Land
 Local Improvements Act
• The Subdivision of Land is governed by the Local Improvements Act 1914.
• Every person shall, before laying out or subdividing land for the purpose of building thereon or for
sale, deposit with the Council a map of such land… (Section 5(1).)
• The Council may refuse to sanction or sanction subject to conditions (Section 8(1))
• The Council shall submit all subdivision applications to the Chief Technical Director and the
Government Town Planner (Section 14)
• The Council should report decision to the Minister. (Section 8(4))
• The Minister may confirm or disallow the of the Council or confirm such decision subject to such
modifications as he may think fit (Section 8(5).
• The Decision of the Minister shall be final and not subject to any right of appeal (Section 8(10)