Planning Legislation TCPA Part V

8/7/2019 Planning Legislation TCPA Part V

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UNIVERSITY OF TECHNOLOGY, JAMAICA

SCHOOL OF BUILDING AND LAND MANAGEMENT

FACULY OF THE BUILT ENVIRONMENT

URBAN AND REGIONAL PLANNING

MODULE: PLANNING LEGISLATION

ANALYSIS AND INTERPRETATION OF:

TOWN AND COUNTRY PLANNING ACT-PART V:

REVOCATION AND MODIFICATION OF PERMISSION TO

DEVELOP AND ENFORCEMENT OF PLANNING CONTROL

GROUP MEMBERS:

NAMES ID#

Burrell, Jennylin 0800883

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Franklin, Rohan 0800542

Gray, Shawna 0800882

Hylton, Mario

0501579

Labbon, Shannon 0800541

Smith, Nicoy 0701392

Tate, Georgia 0703157

Williams, Chelsea 0803009

AKNOWLEDGEMENT

The members of group four acknowledges God as The Supreme

Being and the Guiding Light in furnishing them with the

knowledge and understanding in carrying out and in completing

the course work at a high standard and on time. He was

instrumental in giving up the though process in analysis the

Town and Country Planning Act (TCPA) and also in analyzing the

TCPA and making practical assessments and comparisons.

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The members of group four appreciates Mrs. Perkins, in her

continuous strides in brining across the coursework in an

interesting manner and guiding the members of the group in

understanding what needs to be done and brining practical

examples which were appreciated by the members of the group.

The members of group four worked as one unit bridging the

gasps between personalities and varying perspectives in the end

achieving the goal of putting together the final project.

Thanks Much.

INTRODUCTION

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The TCPA is based on the principle that one may restrict land use and

development but that if there is a restriction or refusal that will cause the

value of the interest the person has in the

Land to be less than if permission is granted compensation should be

payable subject to the

Exceptions provided in the Act.

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SECTION 22

SUBSECTION 1-DIRECT EXTRACT

22.--(1) Subject to the provisions of this section, if it appears to the

local planning authority that it is expedient, having regard to the

provisions of the development order and to my other material

considerations that any permission to develop land granted on an

application made in that behalf under Part 111 should be revoked or

modified, they may by order revoke or modify the permission to

such extent as appears to them to be expedient as aforesaid:

Provided that no such order shall take effect unless it is confirmed

by the Minister and the Minister may confirm any order submittedto him for the purpose either without modification or subject to

such modifications as he considers expedient.

SUBSECTION 1-ANALYSIS

Providing for the matters in this section, if it appears to the Local Planning

Authorities that it is appropriate to the purpose regarding the matters

provided for in this section for the development order and to any other

material considerations that any authority granted to development of land

grant on an application made in that behalf under part 3 which deals with thecontent and effect of development order should be revoke or modified, they

may by order revoke or modified the permission to such extent as appear to

them to be fair or appropriate to the purpose. Meaning that the Minister is

able to use his or her discretion in modifying or revoking applications made

to develop land grants has he or she sees fit.


(2) Where a local planning authority submit an order to the Ministerfor his confirmation under this section, that authority shall serve

notice on the owner and on the occupier of the land affected by the

order; and if within such period as may be prescribed in that behalf

in the notice (not being less than twenty-eight days from the

service thereof) any person on whom the notice is served so

requires, the Minister shall before confirming the order, afford to6


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him, and to the local planning authority, an opportunity of

appearing before and being heard by a person appointed by the

Minister for the purpose.


Where the local planning authority submit an order to the minister for his

authorization under this section the local Planning Authority should make the

owner and the occupier of the land affected by this order aware of this by

serving them notice which shouldnt be less than 28 days from the service

thereof. Anyone that the order is serve on the minister should before

confirming the order afford to him, and the local planning authority the

opportunity or chance to appear before and be heard by someone appointed

by the minister for that purpose.


(3) The power conferred by this section to revoke or modify

permission to develop land may be exercised-

(a) Where the permission relates to the carrying out of building or

other operations, at any time before those operations have been

completed;

(b) Where the permission relates to a change of the use of any land,

at any time before the change has taken place:

Provided that the revocation or modification of permission for the

carrying out of building or other operations shall not affect so much

of those operations as has been previously carried out.


(3) The power bestowed by this section to revoke or modify permission to

develop land may be exercised-

(a) Where the authorization for the purpose for carrying out of the

construction or other operations, at any time before those operations have

been consider finish or completed;

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(b) Where the permission relates to a change of the use of any land, at any

time before the change in land use has taken place:

Given that the revocation or modification of permission for the executing of

building or other operations will not affect so much of those operations as

has been previously carried out.

Modification of Revocation can take place anytime before the operation as

been previously carried out is completed and permission for the change of

land use any time before change has occurred.


(4) Where permission to develop land is revoked or modified by an

order made under this section, then if, on a claim made to the

Authority within the time and in the manner prescribed by

regulations under this Act, it is shown that any person interested inthe land has incurred expenditure in carrying out work which is

rendered abortively the revocation or modification, or has otherwise

sustained loss or damage which is directly attributable to the

revocation or modification, the Authority shall pay to that person

compensation in respect of that expenditure, loss or damage :

Provided that no compensation shall be payable under this

subsection in respect of loss or damage consisting of the

depreciation in value of any interest in the land by virtue of the

revocation or modification.


Where approval to develop land is revoked or modified by an order made

under this section, then if, on a claim made to the Local Planning Authority

within the time and in the manner prescribed under this Act, it is shown that

anyone who have in the land has incurred a cost in carrying out work which

is rendered abortive by the revocation or modification or has otherwise

sustained loss or damage which is a direct result of the revocation ormodification, the Authority should pay to that person compensation in

respect of that cost, loss or damage:

Given that no compensation shall be payable under this subsection in

respect of loss or damage consisting of the loss or depreciation in the value

of any interest has a result of revocation or modification.

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(5) For the purposes of this section, any expenditure incurred in the

preparation of plans for the purposes of any work or upon other

similar matters preparatory thereto shall be deemed to be includedin the expenditure incurred in carrying out that work, but except as

aforesaid no compensation shall be paid under this section in

respect of any work carried out before the grant of the permission

which is revoked or modified, or in respect of any other loss or

damage (not being loss or damage consisting of the depreciation in

value of an interest in land) arising out of anything done or omitted

to be done before the grant of that permission.


Within this section any money which is spent in the preparation of any plans

(land) for the purposes of work (development) or similar matters the cost for

preparatory will be included in the expense incurred in carrying out that

work, but no compensation will be paid out if any work was carried out

before the granting of the permission which is revoked or modified, or in

respect of any other loss or damage (not being loss or damage consisting of

the depreciation in value of an interest in land) arising out of anything done

or omitted to be done before the grant of that permission. Therefore one can

only obtain compensation for work which was done after the approval of the

plan is granted.


(6) Where permission for the development of land granted by a

development order has been withdrawn, whether by the revocationor amendment of the order or by the issue of directions under

powers in that behalf conferred by the order then, if, on an

application made in that behalf under Part I11 permission for that

development is refused or is granted subject to conditions other

than those previously imposed by the development order, the

provisions of subsections (4) and (5) shall apply as if the permission9


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granted by the development order had been granted by the local

planning authority under Part 111 and had been revoked or

modified under subsections (l), (2) and (3).


This section implies that the relevant authorities have the power to revoke and add new

conditions to a plan once it is in the interest of the public. Therefore if a plan might affect the

public in a negative way then the authorities can add new conditions to the plan.


(7) Where the permission which is revoked or modified by an order

under this section is permission such as is mentioned in subsection

(1) of section 17 the provision of that section shall apply as if for

references therein to the refusal of the permission or the imposition

of conditions on the grant thereof there were substituted references

to the

revocation of permission or the modification thereof by the

imposition of conditions and subsection (1) shall have effect as if for

the words if the permission had been granted, or had been granted

unconditionally there were substituted the words if the

permission had not been revoked or had not been modified.


In this section if the permission for a plan is revoked or modified by an order

under this section. The new changes will not apply to the plan that had

different guideline meaning new restrictions cannot be added to a plan that

was already passed or revoked before those new guidelines were added. This

is only if the plan cannot affect the public.


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(8) Where by virtue of the provisions of this section compensation is

payable in respect of expenditure incurred in carrying out any work

on land, then if the Minister takes steps for the purchase of such

land, or a claim for compensation is made under subsection (1) of

section 17 any compensation payable in respect of the acquisition of

the land or, as the case may be, the claim for compensation under

subsection (1) of section 17, shall be reduced by the amount equal

to the value of the works in respect of which compensation is

payable under this section


This section states that compensation is payable for work carried out on land

that is approved but if the minister takes steps to purchase the land that

work has started on then compensation can be obtained under sub-section 1

of 17 which states that Where, on application made under Part I11 for

permission to carry out development of land, permission is granted by the

Minister subject to conditions, then if on a claim made to the Authority in the

manner prescribed by regulations under this Act, it is shown that the value of

the interest of any person in the land is less than it would have been if thepermission had been granted, or had been granted unconditionally, as the

case may be, the Authority shall(subject to the provisions of this Part) pay to

that person compensation (to be assessed in accordance with and subject to

the provisions of the Third Schedule) equal to the difference. But with the

use of this act the value of the land can be decreased by allowing the

minister to only pay compensation for the work done on the land.

SECTION 22ASUBSECTION 1-DIRECT EXTRACT

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Where it appears to a local planning authority, the Government

Town Planner or the Authority that a development specified in

subsection (2) is unauthorized or is hazardous or otherwise

dangerous to the public, the local planning authority, the

Government Town Planner or the Authority, as the case may be,

shall serve or cause to be served on any of the persons specified in

subsection (3), a stop notice requiring that person to immediately

cease the development.

SUBSECTION 1 ANALYSIS

Part 5 Section 22A, subsection 1 makes reference to the fact that; where

there is an unauthorized development which is deemed as hazardous and/or

dangerous by the local planning authorities where the guidelines are

stipulated in subsection (2).The local planning authorities within the planning

framework of Jamaica as the case may be shall serve or cause to be served

on any of the persons specified in subsection (3). The stop notice served will

require and instantaneous stopping of the particular development that is

taking place.

Serving a stop notice to persons or organizations that participates in illegal

or unauthorized development is geared towards ensuring that persons get

approvals that conforms to the building codes and other regulatory

guidelines that would put persons less at risk in terms of them facing hazards

and other forms of danger which would be detrimental to them and others

that might come to use the facilities that is under development.

Example:

Using a real life experience is an article published by the Gleaner on

December 11, 2010, Entitled Destroyed without notice written by

Julette Bryan.

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Citizens and vendors of Yallahs on sent a representative to the St

Thomas parish council meeting to express their concerns regarding

the demolition of sections of the Yallahs market.

Tracy Parkinson, who represented the citizens and vendors, told the

council that they noticed that construction work was taking place on

the market, and became concerned when sections of the facility

were demolished, and vendors given notice to vacate the premises.

She said the vendors had nowhere to go, and some had begun to

use the sidewalk to display their wares and produce.

Mayor of Morant Bay, Hanif Brown, explained that the market

belonged to the council but was leased to the Paul Bogle

Foundation, which had submitted a plan to refurbish the facility. He,

however, noted that the plan had not been agreed upon or

approved by the council.

The mayor told the council that there was a clause in the lease

agreement stipulating that no extension or addition was to be done

to the premises without permission from the council, adding that a

stop notice had been served on the lessee. He said if this was

disregarded, then the matter would be reported to the police and

further legal action would be taken.

The mayor told Parkinson to inform the citizens that the council

understood their concerns, and would be doing everything to ensure

that the matter be dealt with expeditiously.

SUBSECTION 2- DIRECT EXTRACT

A development referred to in subsection (1) is a development-

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(a)Which is being carried out in breach of a condition subject towhich planning permission was granted; or

(b) Which is being carried out without the grant of planningpermission.

SUBSECTION 2 ANALYSES

According to subsection (2); Development which is deemed unauthorized;

firstly is based on the fact that no planning permission was given to the

development that is carried out and secondly; a development which is being

carried out in breach of a condition subject to which planning permission was

given.

Example one

While doing my internship at the Clarendon Parish Council I had the

pleasure of attending a Hearing in which Mr. Robinson was served a

stop notice for building a Plaza in Upper Clarendon. Mr. Robinson

was almost done with construction of the building which he did not

get planning approval. The building had several violations, namely;

it is encroaching on the neighbouring property, and on the road.

Also, the building had several elements which were in contradiction

to the Land title. However Mr. Robinson told the Judge that it is his

land so he was of the view that he can do whatever he wants with it.

Based on the situation with Mr. Robinson and the Clarendon Parish

Council, the Council in its mandate of ensuring that all development

should be safe and free from hazards stop the building in its almost

complete state by serving a stop order because it poses serious

implications of accidents; with the building encroaching on the

neighbouring property and on the road. This could lead to lives

being lost. This is the same problems which leads the Planning

authorities to regulate building constructions and enforcing

development misconducts with jail time or fines.

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Example two

There is also another popular situation that speaks to Part 5

subsection 2 part (a).

In an article published August 13, 2008, it shed light on thesituation that the St James Parish Council was facing.

St James local government officials complained at first that

buildings in the flight path of Montego Bay's Sangster International

Airport surpassed the heights set by the island's aviation regulatory

authorities.

It was originally assumed that the breaches were minor, involving

only decorative parapets that took some building marginally above

the regulated heights.

It later emerged that some buildings on the property carried fourth

floors that were not on the plans formally approved by the Montego

Bay local government, although they appeared on the building plans

used by Riu and signed by a parish council official.

Jamaican authorities ordered the unapproved floors demolished,

deepening a contentious public debate over what is perceived in

some circles as a hostile reception by some domestic players to the

entry of Spanish competitors into the island's tourism industry.

But Montego Bay's mayor and council, Charles Sinclair, was

surprised at the advertising of an opening date, while his agencies

were still carrying out inspections to determine whether there was

full compliance with its demands.

They removed an entire fourth floor of building, (and) there were

adjustments on others. A resubmission (of the building plans) was

made, which was considered by the relevant authorities, including,National Environment and Planning Authority.

Where example one shows an example where no permission was

given, while example shows where planning permission was given

for the building on the new Spanish hotels, they were given

permission to build up to two floors but then breach the permission

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and built an additional storey which was not a part of the original

agreement.


The persons on whom a stop notice may be served are-

(a) The owner or occupier of the land where the development is

taking place or has taken place; or

(b) Any person who is engaged in the development; or

(c) Any other person appearing to have an interest in the land.


The persons on whom a stop notice may be served are:

1. The owner or the occupier of the Land where on the development is

taking place or has taken place; or

2. Any person engaged in development; or

3. Any other person appearing to have an interest in the land.

As the three points state there are a number of different persons to whom a

stop noticed can be served. This is so done to ensure that one person is not

always the subject of a stop notice. Example: If the Town and Country

Planning Act only stipulated that the stop notice should be served to the

owner of the land, then the persons that is currently occupying [i.e. the

occupier] the land while the development is taking place would be

excluded from being served the stop notice. Also, Any person engaged in

development would also be excluded and in extension to any other person

appearing to have an interest in the land would also be excluded even if the

owner is not the one carrying out the development.


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A stop notice shall state:-

(i) The name of the person to whom it is directed,(ii) The basis on which the stop order is made;(iii) The address on which the development is taking place or has

taken place;(iv)The nature of the development;(v) That the notice takes effect from the time it is served; and(vi)The period for which the notice is effective;(b) Shall be for a period not exceeding ten days and may beextended for such further periods as the local planning authority,the Government Town Planner or the Authority may determine.


According to sub-section 4; a stop notice should ensure it has on vital

information pertaining to the situation and the individual in which it is being

served. If the information are not present on the stop notice then the stop

notice would prove ineffective when it is served if it has on the incorrect

name; i.e. not the name of the person to whom it is directed, wrong address

on which the development is taking place or has taken place, have an

incorrect basis on which the stop order is made, also, if the notice does not

take effect from the time it is served and furthermore; the time for which thenotice is effective is not clearly stated. It is of utmost importance that the

criteria mentioned are done to the best of knowledge and without ambiguity

in the information on the stop notice.

According to The Town and Country Planning Act, subsection 4, part (b) of

part 5, section 22A: A stop notice shall not exceed a period of ten days and

the period can be extended based on the approval of the local planning

authority, The Government Town Planner, or other planning-regulatory body.


(5) Where a stop notice is served on a person referred to insubsection (3), a copy thereof shall be posted in a conspicuousplace-

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a criminal act in some common law jurisdictions that can be

proceeded with, summarily: without the right to a jury trial and/or

indictment (required for an indictable offence).] before a Resident

Magistrate which would fine the offender twenty-five thousand dollars

($25,000) to one million ($1,000,000). If the offender defaults on their

payment then they are subjected to imprisonment not going beyond six (6)

months.

SECTION 23


(1) If it appears to the local planning authority, the Government

Town Planner or the Authority that any development of land has

been carried out after the coming into operation of a development

order relating to such land without the grant of permission required

in that behalf under Part III, or that any conditions subject to which

such permission was granted in respect of any development have

not been complied with, then subject to any directions given by the

Minister and to subsection (lA), the local planning authority, the

Government Town Planner or the Authority may within twelve years

of such development being carried out, if they consider it expedient

so to do having regard to the provisions of the development order

and to any other material considerations, serve on the 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 a

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notice under this section (hereinafter referred to as an

enforcement notice) .


If it is acknowledge to the Local Planning Authority, the Government Town

Planner or the Authority that a development of a land is being carried out

after a development order relating to such land without the permission

required then the relevant authorities may within in 12 years consider to

issue an enforcement or stop notice on the owner, occupier or any person

who has an interest in land.

SUBSECTION 23-PART (1A)- DIRECT EXTRACT

1. (1A) where a stop notice is served under section 22A, the local

planning authority, the Government Town Planner or the

authority, as the case may be, shall serve an enforcement notice

within fourteen days of the service of the stop notice.

SUBSECTION 23-PART (1A)- ANALYSES

1A. If a Stop Notice is served under section 22A (where the development is

hazardous or is dangerous to the public) then the relevant authorities shall

serve a stop notice within 14 days.

SUBSECTION 23-PART 2- DIRECT EXTRACT

2: An enforcement notice shall specify the development which is

alleged to have been carried out without the grant of permission

as aforesaid or, as the case may be, the matters in respect of

which it is alleged that any such conditions as aforesaid have not

been complied with, and may require such steps as may be

specified in the notice to be taken within such period as may be so

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SUBSECTION 23-PART 2(A)- ANALYSES

2A. When an enforcement notice is served under subsection 1 (the

permission for the development of the land) then the local town planner, the

planning authority and the Government town planner shall:

a) Have a copy of the enforcement notice to be posted in a place on the

land that the breach is carried;

b) Have a copy displayed in a conspicuous place such as a court house,

police station, post office, postal agency, or any other public space in

the parish of the development.

SUBSECTION 23-PART 2(B) - DIRECT EXTRACT

(2B). The notice referred to in subsection (2A) (b) shall

(a). contain information as to the place where an enforcement

notice may be inspected and a copy obtained,

(b) That any interested person may make representations in

respect of the enforcement notice to the local planning authority,

the Government Town Planner or the Authority.

SUBSECTION 23-PART 2(B)- ANALYSES

2B. The notice referred to in subsection 2B (stop notice) shall contain

information such as:

(a)The place where the notice shall be served and the place where it is

inspected and copy obtained;

(b)Any interested persons may represent in respect of the enforcement

notice to the Government town planner and the local planning

authority.

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SUBSECTION 23-PART 2(C)- DIRECT EXTRACT

(2C) The local planning authority, the Government Town Planner or

the Authority, as the case may be, shall from time to time cause alist of enforcement notices to be published in a daily newspaper

circulated in Jamaica.

SUBSECTION 23-PART 2(C)- ANALYSES

2C: The government town planner, the local planning authority or the

relevant authority shall from time to time publish the list of the

enforcement notices in the daily newspaper in Jamaica.

(2D) In subsection (2B) (b) interested persons means the owner or

occupier of any premises abutting, adjoining or adjacent to the

premises in respect of which the enforcement notice is served.

SUBSECTION 23-PART 2(D)- DIRECT EXTRACT

2D: In subsection (2B) b (Interested persons) this means the owner or

occupier of the land whether adjoin or adjacent to the premises of which the

enforcement is served.

(3) Subject to section 23A, an enforcement notice shall take effect

(a) in the case of the discontinuance of material change of use of

land., at the expiration of twenty eight days after the service there

(b) in any other case, at the expiration of three days after the

service there In respect to section 23A, an enforcement notice shall take

effect:

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(2) Every person who lodges an appeal pursuant to subsection (1)

shall, at the time of lodging the appeal, pay the prescribed fee.


Subsection 2 states that the payment of a fee is required from every person

who lodges an appeal relating to subsection 1.


(3) The Minister shall, within ninety days of the hearing of an

appeal, make a determination in accordance with the provisions ofsubsection (4).


Subsection 3 states that a minister has 90 days after hearing an appeal to

make a decision in accordance with the provisions of subsection 4.


(4) On hearing an appeal or upon receipt of the findings of theperson or persons under section 28A (1) (b), the Minister may

(a) quash the notice if satisfied that permission was granted under

this Act for the development to which the notice relates, or that no

such permission was required in respect thereof, or, as the case

may be, that the conditions subject to which such permission was

granted have been complied with; or

(b) vary the notice if not so satisfied but satisfied that the

requirements of the notice exceed what is necessary for restoringthe land to its condition before the development took place, or for

securing compliance with the conditions, as the case may be; or

(c) in any other case, dismiss the appeal: Provided that where the

enforcement notice is varied or the appeal is dismissed, the Minister

may, if he thinks fit, direct that the enforcement notice shall not

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take effect until such date (not being later than twenty-eight days

from the determination of the appeal) as the Minister may specify.


Subsection 4 states that after hearing the appeal or reports from the

person(s) under section 28 A (1) (B), the minister may cancel the notice if

satisfied that permission was granted under this Act for the development to

which the notice relates, or that no such permission was required in respect

thereof, or, as the case may be, that the conditions subject to which such

permission was granted have been complied with; or differ the notice if not

so satisfied but satisfied that the requirements of the notice exceed what is

necessary for restoring the land to its condition before the development took

place, or for securing compliance with the conditions, as the case may be; or

in any other case, discharge the appeal: Provided that where the

enforcement notice is varied or the appeal is dismissed, the Minister may, if

he thinks fit, direct that the enforcement notice shall not take effect until

such date (not being later than twenty-eight days from the determination of

the appeal) as the Minister may specify.


(5) A person who is aggrieved by a decision of the Minister may appeal

against that decision to the Court of Appeal.


Subsection 5 states that a person may appeal to the Court of Appeal if

he/she is in disagreement with the ministers decision.

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SECTION 23BIf an enforcement notice is served, a person may appeal to the court who in turn

may grant an injunction. However, if the decision of the court is not to the persons

liking, they may make an appeal to the Court of Appeals.


1. Where

(a) A person on whom an enforcement notice is served under

section 23 fails to comply with the provisions of that notice

within the period specified therein; or

(b) A local planning authority, the Government Town Planner

or the Authority , as the case may be , considers it necessary

or expedient for any perceived breach of planning control to

be restrained, the local planning authority, the Government

Planner or the Authority, as the case maybe , apply to the

court of an injunction, whether or not they have exercised or

are proposing to exercise any of their other powers under this

Act.

SUBSECTION 1-ANALYSIS1. Where

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(a) An injunction or an application for such, may however only be applied for two

reasons. The first states that if the person in question fails to comply with the rules

provided in Section 23 within the specified time then an injunction may be made.

(b) The second may be applied if the relevant authorities consider it a necessity for

restraints to be made for any application that is in breach of the planning control

regulations or if such authority may apply for an injunction whether any

consideration is being made for exercising any other powers under the Act.


(2) On an application under subsection (1), the court may grant such

injunction as the court thinks appropriate for the purpose of

restraining the breach.


A court may grant an injunction as they see fit solely for the purpose of restraining a

breach


(3) Rules of Court may provide for such injunction to be issued

against a person whose identity is unknown.


A court may grant an injunction to a persons application if the identity of the

applicant is unknown.

SECTION 2429


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If within the period specified in an enforcement notice, or within

such extended period as the ld planning authority may allow, any

steps required by the notice to be taken (other than the

discontinuance of any use of land) have not been taken, the local

planning authority may enter on the land and take those steps,

and may recover as a simple contract debt in the Resident

Magistrates Court of the parish in which the land is situated, from

the person who is then the owner of the land, any expenses

reasonably incurred by them in that behalf; and if that person,

having been entitled to appeal to the Minister under section 23A,

failed to make such an appeal, he shall not be entitled in

proceedings under this subsection to dispute the validity of the

action taken by the local planning authority upon any ground

which could have been raised by such appeal.


According to section 5, subsection 24 of the Town and Country Planning Acts,

addresses the issues that may arise if one is served with an enforcement

notice by the Local Authority. The addresses this issue by outlining the

actions to be taken if such a situation occurs.

Subsection 24-1, outlines that, if one is served with an enforcement notice,

then; the Local Authority may take the initiative and perform the act

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stipulated by the act. That is, if they intervene in the matter and causes a

discontinuance of the act being performed. As for expenses for doing so,

they (the local authority) can recover it from the land owner in the Resident

Magistrates Court within that said parish. However, in such a case, the

entitled owner of the land may be privileged to an appeal, under section 23 A

of the act, in the section classified as appeal 5 which states that, a person

can appeal an enforcement notice if they are aggravated by it within 14 days

after it is served. The minister might then according to section 28 A, that is,

in such an instance, the minister may, if he sees fit appoint a person or

persons- to hear, receive and examine the evidence in an appeal and to

submit to him, for his determination, a written report of the findings and

recommendations within twenty one days of hearing such evidence; if the

Local Authority had to carry out the enforcement notice, then they lose this

privilege.


(2) Any expenses incurred by the owner or occupier of any land for

the purpose of complying with an enforcement notice served

under subsection ( 1 ) of section 23 in respect of any

development, and any sums paid by the owner of any land

under subsection (1) in respect of the expenses of the local

planning authority in taking steps required to be taken by such

notice, shall be deemed to be incurred or paid for the use and

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at the request of the person by whom the development was

carried out.


Subsection 24-2, outlines that, it there is a fine liable to be paid by the owner

or occupier of the land, in respect of complying with the enforcement order,

then the they are liable to be compensated by the developer under

subsection 1 of section 23 in regards to ant development, that which was

carried out without permission.


(3) Where, by virtue of an enforcement notice, any use of land is

required to be discontinued, or any conditions are required to be

complied with in respect of any use of land or in respect of

the carrying out of any operations thereon, then if any person,

without the grant of permission in that behalf under Part 111,

uses the land or causes or permits the land to be used, or

carries out or causes or permits to be carried out those

operations, in contravention of the notice, he shall be guilty of an

offence and 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 is continued after

the conviction, he shall be guilty of a further offense and 1611993

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liable on summary conviction before a Resident Magistrate to a fine

not exceeding five thousand dollars for every day on which the use

is so continued, or in default of payment, the resident magistrate

shall make an order of the interest in the land to be forfeited to

the Crown, and if the use is continued after the second

conviction, he shall be guilty of a further offence and on

summary conviction before a Resident Magistrate the interest in the

land shall be forfeited to the Crown.


Subsection 24-3, states that, if an enforcement notice requires the

discontinuance of any use, or any conditions are required to be complied

with, in respect to the use of land or any operations on it, then anyone,

without permission, under Part III, uses the land or grants permission for any

operation in contravention of the notice, is guilty of an offence and liable on

summary conviction before a Resident Magistrate to a fine of twenty five

thousand dollars or in default of payment; which is also outlined in the

enforcement notice in section 8 as a penalty, imprisonment with hard labour

for a period less than or equal to twelve years. However, if the use is

continued after the conviction, he shall be guilty of a further offence and

liable to a fine of five thousand dollars for every day the use is continued and

the land will be given to the crown.

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BIBLIOGRAPHY

Town and Country Planning Act (1957)

Bryan, Julette. "Destroyed without example." The Gleaner11 Dec. 2010. Print.

Planning Legislation TCPA Part V

Documents

Transcript of Planning Legislation TCPA Part V