Development Applications Process in Jamaica Development Guide December 2012.

Development Applications Processin Jamaica

Development GuideDecember 2012

INTRODUCTION

This presentation describes the process involved in preparing and submitting planning and environmental applications for development/enterprise and states how the National Environment and Planning Agency (NEPA) goes about processing such applications.

What is Development

Development is defined as “ the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in the use of any buildings or other land.” (Section 5 (2) TCPA).

The Development Process• This process allows NEPA to assess a proposal on behalf of the

Natural Resources Conservation Authority (NRCA) /Town and Country Planning Authority (TCPA) against regulations along with the local authorities to ensure that the development fits within the desired character of an area, public health, safety and the environment are not threatened and that the structural integrity of buildings are not compromised. This is to ensure that orderly development takes place in Jamaica.

• To address these issues, the following permissions and/or combination of any may be required to carry out development in Jamaica}-

• Environmental• Planning

• Subdivision• Building

Planning & Environmental Legislation

Pursuant to the TCPA Act

Planning Applications requiring environmental Permits -the NRCA must indicate its intention to grant

permission prior to the TCPA granting planning permission. Pursuant to the NRCA Act A Planning Application and an Environmental Application must be submitted simultaneously, that is to the local authorities and NEPA.

Permissions required to carry out Development in JamaicaEnvironmental: Obtained under Natural Resources Conservation Authority Act Applications submitted to NEPA Approving entity: Natural Resources Conservation Authority ( NRCA) Types of Environmental applications

- A permit is required to undertake any construction or development of a prescribed nature anywhere in Jamaica and its Territorial Sea under the NRCA (Permits & Licences) Regulations, 1996.

– A licence is required for the handling of sewage or trade effluent and poisonous or harmful substances to be discharged into the environment.

– Beach Licence pursuant to Beach Control Authority Act is required if you intend to use the foreshore and floor of the sea.

– Air Pollutant Discharge Licence– Transboundary Movement of Hazardous Waste

NEPA reviews the application and makes a recommendation to the NRCA

NRCA’s Permit and Licence System

The NRCA is not entitled to grant a permit or licence if, it is of the view, that the activity in question is likely to cause injury to the environment or to public health.

• Biological Resources • Water Resources• Drainage • Solid Waste Disposal• Public Health• Coastal Zone• Protected Areas• Wetlands• Natural Hazards• Air Quality• Sewage Treatment and

Disposal

Main environmental issues to consider when contemplating development in Jamaica

Environmental Impact Assessment (EIA)

• In applying for a Permit or a Licence an EIA may be required.

• NEPA determines whether or not an EIA is required based on screening of the application and the conducting of relevant site visit(s).

• This study undertaken by the applicant outlines the impact the proposed project is likely to have on the area where the development will be sited, as well as the impact of the environment on the development. It also identifies mitigation measures necessary to reduce the negative impacts of the project.

Permissions required to carry out Development in Jamaica

Planning:

Obtained under Town & Country Planning Act

Applications submitted to the Local Planning Authority in the respective parish councils and the KSAC. These may be referred to Town & Country Planning Authority for a decision or to NEPA for a recommendation

Approving entities: Town and Country Planning Authority and Local Planning Authorities

Main Planning issues to consider when contemplating Development in Jamaica

• Zoning

-Existing Land use-Proposed Land use

• Urban Limit• Access (Ingress & Egress)• Traffic Flow• Lot Size

– Lot sizes vary based on location(urban/rural), terrain, type of sewage solution

• Density (# habitable room/ha)• Height of Building• Setback from roadways, gullies,

canals, coastal zone, rivers etc.• Open Space (1 ha: 100 lots)• Parking• Level of infrastructure • Change in use of Agricultural Lands

Types of Planning Applications

Detailed planningOutline planningChange of Use

Retention of StructureContinuance of use

Determination

Prior to submitting your application make sure that you have prepared and obtained all the necessary information required for the application.

Planning ApplicationsDetailed Planning Application

Final detail drawings for proposal are to be submitted and must include:• A Location Plan at 1:12,500 with site area outlined. • The plan/drawings must be in metric• The plan is required to indicate the direction of North • The plan should indicate any adjoining land which is owned by the

Applicant.• A Site Plan at either 1:500 or 1:200 showing the building relative to site

boundaries and any other buildings located within the site.• Floor Plans at either 1:100 or 1:50 showing the floor plan of each storey of

the building.• Access (ingress and egress) for vehicles and pedestrians should be

indicated. • Landscape Plan should also show the distribution, size, and position of all

trees within area.

Planning Applications

Detailed Planning Application (Cont’d)

Consideration should be given to the following :-

• External Appearance of the surrounding environment.• Siting of the proposal in relation with other existing buildings on and

in the surrounding areas , the positioning of windows, orientation on the site and structure size and height, and how development fits into the existing character of the area.

• Any potential obstructions to proposed development, for example, overhead cables, telegraph poles, electricity pylons and water courses running over or under the site

Outline Planning Application

• An applicant may choose to submit illustrative drawings representing his/her proposal and apply for Outline planning permission in that it saves the Applicant the expense of having detailed and expensive plans drawn up, in advance of the applicant even being aware whether it is even possible to build on the land.

• Outline Planning Permission when granted is planning permission. The applicant must satisfy all the other statutory reserved matters before proceeding with construction. In other words full planning details will need to be submitted in advance of commencement of construction.

Types of Planning Applications

Types of Planning Applications

Change of Use This is required when an intended development is contrary to the zoning in the Development Order if the area is covered by a Development Order.

Retention of StructureThis is required if a building is constructed without the requisite building approvals

Continuance of useIf an activity is already in operation within an area contrary to the Development Order and has not received permission for a change of use, then continuance of use is required.

Determination: This is applicable if you are unsure that the proposed activity will require planning permission

Permissions required to carry out development in Jamaica

Subdivision:

Subdivision is the act of dividing larger tract land intosmaller ones that are for sale or otherwise develop.

• Permission must be obtained under the Local Improvements Act

• Applications submitted to the Local Authority• Approving entities : Local authorities (Parish Councils & KSAC)

• NEPA makes recommendation to Local Authorities prior to a decision being taken by these authorities

Permissions required to carry out development in Jamaica

Building Applications

These applications are concerned with the structural integrity of the proposed buildings/structures and are dealt with by the respective local authority in each parish under the relevant Building Acts.

Government Agencies involved in the review of Applications

• National Works Agency • National Land Agency• Environmental Health Unit• Water Resources Authority• Rural Physical Planning Unit• Jamaica Bauxite Institute• Jamaica National Heritage Trust

• Mines and Geology Division• National Water Commission • National Irrigation Commission• Office of Disaster Preparedness and Emergency Management• Jamaica Public Service Company• Civil Aviation Authority• Urban Development Corporation

Submitting an Application to NEPA

• Complete application forms correctly and pay the application fees

• Declare all aspects/components of the development as well as all aspects of the site e.g. existing buildings, sinkholes, caves, rivers, etc.

• Provide all supporting documents (e.g. Location Map, Layout Plan drawn to scale (metric), Proof of Ownership, Project Brief etc.)

• Submit drawings that are prepared or certified by a professional in the respective field eg. Engineering drawing by a professional engineer

• Use the checklist and sample forms provided for each application to guide you

• If you are unsure and require clarification on any issue pertaining to your development contact the Applications Secretariat Branch and or the Development Assistance Centre to explain your project idea and a competent technical officer will provide guidance on the permissions that you require and how to make an application.

• Consult your local planning authority/ parish council for guidance as it relates to other statutory requirements such as planning and building permissions.

• Before you submit your application, you may also consult with other government agencies such as

– National Works Agency (drainage, traffic, access)

– Mines & Geology (geotechnical issues, slope stability)  

– Water Resources Authority – (ground and surface water issues)

– Ministry of Agriculture (RPPD) based on location (release of agricultural lands).

– Environmental Health Unit (sewage)

– National Water Commission (waste water & potable water)

– Office of Disaster Preparedness and Emergency Management (hazard identification and risk assessments e.g. flooding)

TO AVOID DELAYS, DO NOT SUBMIT INCOMPLETE APPLICATIONS.

Review of Applications

Applications are reviewed by :

• Technical Branches• Internal Review Committee (IRC)• Subdivision Committee (subdivision 10 lots >)

• Technical Review Committee (TRC)• Authorities

-Town & Country Planning Authority (TCPA)

-Natural Resources Conservation Authority (NRCA)

For further information, please contact:-National Environment and Planning Agency

Applications Secretariat Telephone:754-7540 Ext. 2307 Email: [email protected]

Development Assistance CentreTelephone:754-7540 Ext. 4000Email: www.dac.gov.jm

NEPA’s Website: www.nepa.gov.jm

Contact Information