REPUBLIC OF TRINIDAD AND TOBAGO Act No. 10 of 2014 · 2014. 11. 6. · Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 10 of 2014 [L.S.] Legal Supplement Part A to the

BILLAN ACT relating to the planning and development of

land and to repeal and replace the Town andCountry Planning Act, Chap. 35:01

[Assented to 1st October, 2014]

WHEREAS it is provided by subsection (1) of section 13 ofthe Constitution that an Act of Parliament to which thatsection applies may expressly declare that it shall haveeffect even though inconsistent with sections 4 and 5 of

Preamble

Fourth Session Tenth Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 10 of 2014

[L.S.]

Legal Supplement Part A to the “Trinidad and Tobago Gazette”, Vol. 53,No. 131, 16th October, 2014

the Constitution and, if any such Act does so declare, itshall have effect accordingly:

And whereas it is provided by subsection (2) of thesaid section 13 that an Act of Parliament to which thatsection applies is one the Bill for which has been passedby both Houses of Parliament and at the final votethereon in each House has been supported by the votesof not less than three-fifths of all the members of thatHouse:

And whereas it is necessary and expedient that theprovisions of this Act shall have effect even thoughinconsistent with sections 4 and 5 of the Constitution:ENACTED by the Parliament of Trinidad and Tobago asfollows:

PART IPRELIMINARY

1. (1) This Act may be cited as the Planning andFacilitation of Development Act, 2014.

(2) This Act shall come into operation on such dayas the President may by Proclamation appoint.

2. This Act shall have effect even though inconsistentwith sections 4 and 5 of the Constitution.

PART IIINTERPRETATION AND PURPOSE

3. (1) In this Act, unless the context otherwiserequires—

“advertisement” means anything visible that isemployed wholly or in part for the purposeof product or service promotion,announcement or direction and, withoutlimiting the generality of the foregoing,includes any hoarding or similar structure,any wall-painting and any balloon used oradapted for use for the purposes of any suchpromotion, announcement or direction;

“agriculture” means horticulture, fruit

Enactment

Short title andcommencement

Act inconsistent withthe Constitution

Interpretation

198 No. 10 Planning and Facilitation of Development 2014

cultivation, seed cultivation in forest land,dairy farming, livestock breeding andkeeping (including the breeding andkeeping of any animal for the production offood, wool, skins or fur, or for use in thefarming of land), the use of land as grazingland, market gardens and nursery grounds,and woodlands where that use is ancillary tothe farming of land for other agriculturalpurposes, but does not include aquaculture;

“aquaculture” includes the cultivation ofaquatic plants and animals for theproduction of food or mariculture and theuse of aquatic habitats for such purposesincluding, without limiting the generality ofthe foregoing, the use of reefs for reef farms,the use of aquatic habitats for reserves,hatcheries, raceways or fish ponds, and thebuilding on, or placing in, aquatic habitatsof artificial reefs, fish pens, fish cages or fishtanks;

“aquatic habitat” means—(a) a body of water; or(b) an area of land wholly or partially

covered by water,supporting plant or animal life, regardlessof whether such body or area is natural orartificial;

“aquatic plants and animals” means plants andanimals that live in aquatic habitats for allor most stages of their life cycles;

“area of special interest” means any part ofTrinidad and Tobago determined by acompetent authority under any law to be anarea of natural, scientific, heritage, historic,architectural or aesthetic interest orsignificance and includes a building listed

No. 10 Planning and Facilitation of Development 2014 199

under the National Trust of Trinidad andTobago Act;

“breach of planning control” means anydevelopment commenced, existing orcontinuing—

(a) in breach of any terms orconditions subject to whichpermission was granted; or

(b) where permission required todevelop land has not been granted;

“building” means any structure consisting of awall, roof and floor or any one or more of theforegoing and includes all works, fixturesand service systems appurtenant theretoand such other structures as may beprescribed, but does not include any plant ormachinery in, or on the structure regardlessof whether it is affixed thereto;

“building operations” includes rebuildingoperations, structural alterations of, oradditions to, buildings and other operationsnormally undertaken by a person carryingon business as a builder;

“building permit” means a permit requiredunder section 63(1) for the purpose ofconstructing a building;

“building regulations” means regulations madeunder section 61;

“certificate of environmental clearance” meansa certificate issued under section 36 of theEnvironmental Management Act;

“Chief Building Officer” means the personholding or acting in the office ofChief Building Officer referred to insection 13(2)(b);

Chap. 40:53

Chap. 35:05


“Chief Enforcement Officer” means theperson holding or acting in the office of ChiefEnforcement Officer referred to in section13(2)(c);

“compliance notice” means a notice servedunder section 51(2)(a);

“demolition” means the pulling down orremoval of a building or any materialpart of it;

“demolition permit” means a permit requiredunder section 63(1) for the purpose of demolishing a building;

“development” has the meaning assigned to itby section 29;

“development completion notice” means a noticereferred to in section 50(5) and, except insection 50, includes a provisional development completion notice;

“Development Control Committee” means astanding committee appointed undersection 11(1)(a);

“development hazard” means any area,condition, development or other activity, orany process or pollution on, or in the vicinityof land subject to development, which—

(a) constitutes or, in the opinion of theNational Planning Authority, islikely to constitute a danger tohuman life, health or safety;

(b) is causing injury or damage or, inthe opinion of the NationalPlanning Authority, may presentserious risk of injury or damage toproperty; or


(c) is causing substantial degradationof the land or surrounding areas or,in the opinion of the NationalPlanning Authority, may presentserious risk of substantialdegradation of the land orsurrounding areas;

“Development Order” means an order madeunder section 31;

“development plan” means a plan preparedunder section 19;

“development repair order” means an orderissued under section 57;

“development reserve” means land required tobe set apart for protection againstdevelopment hazard or for the purpose ofproviding public access;

“Director of Planning” means the personholding or acting in the office of Director ofPlanning referred to in section 13(2)(a);

“engineering operations” includes cutting,filling, grading or paving land, cuttingdrains or drainage or irrigation channels,the formation or laying out of streets orother means of access to highways, thereclamation of land, and any other activityas may be prescribed;

“environment” means all land, areas beneaththe land surface, atmosphere, climate,surface water, ground water, sea, coastaland marine areas, seabed, wetlands andnatural resources (including plants andanimals) within the jurisdiction of Trinidadand Tobago;


“Environmental Commission” means theEnvironmental Commission establishedunder section 81 of the EnvironmentalManagement Act;

“environmental impact assessment” means anenvironmental impact assessment withinthe meaning of section 35 of theEnvironmental Management Act;

“environmentally sensitive area” means anarea of land designated as requiring specialprotection by a Notice made under section 41 ofthe Environmental Management Act;

“erection”, in relation to any building, includesconstruction, extension or alteration;

“fish” includes oysters, crabs, shrimps, turtles,turtle eggs, coral and any species of marineor other aquatic animals and the eggs,sperm, spawn, larvae, sprat and juvenilestages thereof;

“former Act” means the Town and CountryPlanning Act;

“highway authority” means any authorityresponsible for the maintenance of roads;

“immediate compliance order” means an orderserved under section 51(2)(b);

“inspector” means an officer of a planningauthority authorised under section 62(1);

“land” includes any building, any landunderlying the territorial waters ofTrinidad and Tobago and, in relation tothe acquisition of land, any interest in, orover land;

“land development regulations” includes landuse, subdivision, development approval,building, construction, and other writtenlaws controlling, regulating or affecting the

Chap. 35:01


use or development of land;“local development plan” means a plan that

interprets broad structure plan policies at adistrict or community level in great detail;

“material change” in relation to the use of anybuilding or other land, includes a changefrom a nil use to any use, any operationwhich would have the effect of changing theuse of any building or other land from itsapproved use, and such other changes as theMinister may, by Order, prescribe;

“minerals” includes all naturally occurringmetallic and non-metallic minerals, naturalgas, petroleum and related substances, coal,salt, quarry and pit material, gold, silverand all other rare and precious metals,sand, gravel, peat, pulverized fuel, furnaceash, clinker, iron, or other metallic slag, tailings and waste rock;

“mining operations” includes the exploration,preparation, construction, operation,de-commissioning and rehabilitation phasesrelated to the working or winning ofminerals, and includes—

(a) any alteration, disturbance orremoval of plants, animals,overburden or other materialsincidental to any phase of suchactivities;

(b) the installation or operation of anytailing or waste facility, roasting orsmelting furnace, concentrator,mill, drill, rig or platformgathering or pumping station, orany work-place, machinery, orpipeline used for, or in connectionwith the processing or treating of


minerals; and(c) the retention of any installation

referred to in paragraph (b) thathas been temporarily suspended,rendered inactive, closed out orabandoned;

“Minister” means the Minister to whomresponsibility for physical planning anddevelopment of land is assigned;

“municipal planning authority” means aMunicipal Corporation continued orestablished under section 3 or 4 of theMunicipal Corporations Act;

“National Planning Authority” means theNational Physical Planning Authority ofTrinidad and Tobago established bysection 6;

“National Spatial Development Strategy”

means the strategy referred to insection 7(1)(c);

“occupancy certificate” means a certificateissued pursuant to section 65;

“occupier” means a person in occupation of landas a tenant from year to year, or for anylesser term, or as a tenant at will;

“operative development plan” means adevelopment plan which is in operation inaccordance with section 25(7);

“outline development approval” means theapproval applied for under section 41(1);

“owner” in relation to land, includes—(a) a person in whose name the land is

registered;(b) a person either in possession of the

land or in receipt of the whole or

Chap. 25:04


any part of the rents or profits ofthe land, whether in his ownright or as trustee, personalrepresentative, committee,guardian or agent of any otherperson; or

(c) a person in occupation of land,other than as a tenant from year toyear, or for any lesser term, or as atenant at will;

“permission for a limited period only” meanspermission to develop land granted subjectto any condition involving a specified period;

“permission to develop land” means permissiongranted under this Act to develop land,whether without or subject to conditions;

“permit” means a building permit or ademolition permit;

“person interested” includes any person with adirect or indirect financial interest;

“planning authority” means—(a) the Tobago House of Assembly;(b) a municipal planning authority; or(c) a special planning authority or a

joint planning authority appointedunder section 16;

“pollution” means the creation or existence ofany deviation from natural conditionswithin the environment which (based ontechnical, scientific or medical evidence) isdetermined to cause or to be likely tocause harm to human health or to theenvironment, through—

(a) the presence or release of anysubstance; or


(b) any type of disturbance, whetherby noise, radiation, temperaturevariation, vibration, other energymanifestation or objectionableodors;

“prescribed” means prescribed by regulationsunder section 107;

“provisional development completion notice”

means a notice served under section 50(1);“provisional development plan” means a

development plan adopted by a planningauthority under section 22(6) or adevelopment plan to which the Ministergives provisional agreement undersection 24(4);

“regional” means pertaining to ageographical area traversing the boundariesof individual governmental units, sharingcommon characteristics that may be social,economic, political or national;

“regional development plan” means a plan of ageographical area traversing the boundariesof individual governmental units, sharingcommon characteristics that may be social,economic, political or national;

“restore the environment” means restore allforms of life and physical conditions of theenvironment to their natural state as far aspracticable;

“review” in relation to a development plan,includes a fresh survey, a report on thatsurvey and recommendations andalterations;

“road” means any public or private road andincludes any highway, street, square, court,alley, lane, bridge, footway, trace, bridlepath or passage, regardless of whether it isa thoroughfare;


“special plan” means a development planprepared for an area of special interest;

“statutory undertakers” means a personauthorised by any written law to operate aservice, including any road, air or watertransport, canal or inland navigationsystem, dock, harbour, pier, lighthouse orairport undertaking or any undertaking forthe supply of electricity, water, gas, steam,hydraulic power or telecommunicationsservice, or for the operation of anysewerage, drainage or irrigation system;

“subdivision” means the division of land (otherthan buildings) held under one ownershipinto two or more parcels, regardless ofwhether the division—

(a) is effected by deed of conveyance,transfer, agreement, vesting order,partition order, will or otherinstrument;

(b) is for the purpose of sale, lease,mortgage, gift, devise or any otherpurpose; or

(c) involves a change in the use of anyof the parcels,

but does not include—(d) the creation of a periodic tenancy

for a tenancy from year to year orany lesser period;

(e) the granting of a lease the term ofwhich, together with any periodcontemplated by any option orright of renewal, does not exceedthree years in aggregate;

(f) the division of any land by means ofacquisition under the LandAcquisition Act; or

(g) the division of a cemetery intoburial plots,

Chap. 58:01


and “subdivide” shall have a correspondingmeaning;

“tree” includes palms, bamboos, stumps, brushwood, canes, mangroves, bushes andhedges;

“Tobago House of Assembly” means the TobagoHouse of Assembly established bysection 141A of the Constitution;

“toxic”, in relation to material or waste, meansany substance known to be poisonous,corrosive, irritating, sensitizing or harmfulto humans, animals or plants and includesany substance or waste designated as ahazardous substance under theEnvironmental Management Act;

“utility services” means the provision of gas,electricity, sewerage and waste disposal;

“waste” includes any material discarded orintended to be discarded which—

(a) constitutes garbage, refuse,sludge, or other solid, liquid,semi-solid or gaseous materialresulting from any residential,community, commercial, industrial,manufacturing, mining, petroleumor natural gas exploration,extraction or processing,agricultural, health care, orscientific research activities; and

(b) is otherwise identified by theEnvironmental ManagementAuthority as waste under theEnvironmental Management Act.

(2) Without limiting the generality of the definitionof “development hazard”, the following conditions, whichexist or, in the opinion of the National PlanningAuthority, are likely to occur on, or in the vicinity of land


subject to development, constitute a developmenthazard:

(a) erosion or the potential for erosion;(b) flooding or the potential for flooding;(c) landslides or unstable soil;(d) pollution of surface water, aquifers, land or

the atmosphere;(e) any breach of a written law relating to the

environment or the protection of any speciesof plant or animals; or

(f) abandoned, discarded or unlawfullydeposited waste of any type, exceptdomestic waste generated by a person whendeposited on property that he owns oroccupies.

4. The objects and purposes of this Act are to—(a) provide the framework whereby plans and

related measures may be prepared andadopted;

(b) foster awareness that persons owning,occupying and developing land are under aduty to use the land with due regard for thewider interests, both present and future, ofsociety as a whole;

(c) assist in the orderly, efficient and equitableplanning, allocation and development of theresources of Trinidad and Tobago, takingaccount of all relevant social, economic,ecological and cultural factors so as toensure that the most efficient, equitable andenvironmentally sustainable use is made ofland in the interests of all people of Trinidadand Tobago;

(d) maintain and improve the quality of thephysical environment, to improve theaesthetic quality of the built environment

Objects and purposesof the Act


and to protect, conserve and promote thediverse cultural heritage of Trinidad andTobago as it finds expression in both thenatural and built environments;

(e) provide for the orderly subdivision of landfor residential as well as non-residentialpurposes in order to facilitate timely andefficient provision of infrastructure,works and public services, includingtransportation and utilities, and to ensurethat parcels of land are not divided intounder-sized or inappropriately shaped unitsthat are unfit for rational development;

(f) provide for the structural and fire safety ofbuildings and the safety, health andgeneral welfare of persons occupyingbuildings or using land in proximity thereto;

(g) provide for planning processes that are fairby making them open, accessible, timelyand efficient; and

(h) encourage cooperation and coordinationamong various interests for the purpose ofachieving the foregoing objects andpurposes.

PART IIIGENERAL ADMINISTRATION

5. (1) The Minister shall be responsible for theadministration of this Act.

(2) In addition to any other duties assigned to theMinister by this Act, the Minister shall be responsiblefor framing comprehensive development policies and forthe implementation of such policies in accordance withthe provisions of Parts IV, V, VI and VII.

Generalresponsibility of theMinister


6. (1) There is established a body corporate to beknown as “the National Physical Planning Authority ofTrinidad and Tobago” (hereinafter referred to as “theNational Planning Authority”).

(2) The constitution and procedure of the NationalPlanning Authority shall be in accordance with theFirst Schedule.

7. (1) The principal functions of the NationalPlanning Authority are to—

(a) facilitate good and sustainabledevelopment in a fair, transparent andequitable manner;

(b) advise the Minister in accordance withPart A of the Second Schedule with respectto the framing of development policiesreferred to in section 5(2) and, to ensureconsistency and continuity in theimplementation of policies adopted by theMinister in accordance with Parts IV, V, VIand VII;

(c) prepare and keep under review a spatialdevelopment strategy for Trinidad andTobago (hereinafter referred to as “theNational Spatial Development Strategy”)for the purpose of section 18(1);

(d) develop regulations, standards and practicesfor building, engineering operations andland development and submit them for theapproval of the Minister;

(e) monitor and oversee the preparation ofdevelopment plans by planning authoritiesto ensure consistency with the NationalSpatial Development Strategy;

(f) ensure compliance of all development withthe requirements of the National SpatialDevelopment Strategy, the regulations,standards and practices;

(g) facilitate and coordinate the landdevelopment approval process and ensuretimely determination of all applications for

Functions of theNational PlanningAuthority

First Schedule

Second Schedule


Establishment of theNational PlanningAuthority

approvals required for plans requiringexpert professional technical review;

(h) make recommendations to the Ministerwith respect to the devolution of functionsrelating to development control, issuance ofbuilding permits, approvals for engineeringoperations and occupancy approvals to localauthorities; and

(i) consider and determine applications forpermission for the development of landunder Part V in respect of any matter thatis not—

(i) subject to the jurisdiction of theTobago House of Assembly, byvirtue of the Tobago House ofAssembly Act;

(ii) subject to the jurisdiction of anyother planning authority, by virtueof an Order made under section 31;and

(iii) reserved for decision by theMinister in accordance with anydirections given by the Ministerunder section 48.

(2) In the performance of its function underparagraphs (b) to (d), the National Planning Authorityshall consult with the Tobago House of Assembly.

8. The National Planning Authority shall—(a) monitor and oversee the effectiveness and

status of the National Spatial DevelopmentStrategy with a view to makingrecommendations annually foramendments to the National SpatialDevelopment Strategy;

(b) prepare periodic evaluation and appraisalreports on the National SpatialDevelopment Strategy and submit them tothe Minister at least once every five years;

Duties of theNational PlanningAuthority


(c) make reports and recommendations to theMinister which shall include programmesfor development and construction of suchinfrastructure as may be desirable;

(d) submit annually to the Minister, not laterthan three months before the beginning ofeach financial year, a list of recommendedcapital improvements, which in the opinionof the National Planning Authority arenecessary or desirable for implementing theNational Spatial Development Strategy orany element or portion of it;

(e) ensure a high degree of service andefficiency to communities and applicants inregulating development and shall establishtime frames and monitoring mechanisms toensure that this is done; and

(f) perform such other duties as the Ministermay from time to time direct.

9. The Minister may give to the National PlanningAuthority, in writing, general policy directives to befollowed in the performance of its functions or theexercise of its powers under this Act, and the NationalPlanning Authority shall comply with those directives.

10. (1) Subject to section 11, the National PlanningAuthority may appoint a committee for any of thepurposes of this Act, as it sees fit.

(2) A committee appointed under this section mayinclude in its membership, persons who are notmembers of the National Planning Authority but whoseappointment to such committee and remuneration areapproved by the Minister.

11. (1) The National Planning Authority shallappoint—

(a) a standing committee to be knownas “the Development Control Committee”—

(i) to coordinate and expedite thedevelopment approval process;and

Ministerial directives

Committees

Appointment ofDevelopment ControlCommittee and otherstanding committees


(ii) to grant final approval and renderbinding advice on behalf of theNational Planning Authority andthe agencies and officers referredto in subsection (2)(b);

(b) other standing committees to advise andmake recommendations on any of thefollowing matters:

(i) the preparation and review of theNational Spatial DevelopmentStrategy;

(ii) the development of codes andstandards; and

(iii) national land policies including—

(A) legislative framework;

(B) policies relating toproperty taxation; and

(C) policies in respect of landinformation systems.

(2) The Development Control Committee shallcomprise—

(a) the Director of Planning, who shall be theChairman; and

(b) appropriate representatives of thefollowing agencies and officers who areauthorised to grant final approval or renderbinding advice on behalf of the respectiveagencies and officers:

(i) the Water and SewerageAuthority;


(ii) the Environmental ManagementAuthority;

(iii) the Chief Building Officer;(iv) the Highways Division of the

Ministry with responsibility forworks;

(v) the Drainage Division of theMinistry with responsibility fordrainage;

(vi) the Chief Fire Officer;(vii) the Occupational Safety and

Health Agency; (viii) the Chief Medical Officer in the

Ministry with responsibility forhealth;

(ix) the Trinidad and TobagoElectricity Commission; and

(x) such other agencies andofficers as may be designated bythe Minister in writing forany particular category ofdevelopment.

(3) For the purpose of coordinating and expeditingthe development approval process, the Director ofPlanning or the Chief Building Officer may refer anapproval submission to the Development ControlCommittee.

(4) Notice of the appointment of the members tothe Development Control Committee shall be publishedin the Gazette and at least two daily newspapers incirculation in Trinidad and Tobago.

12. (1) A member of the National Planning Authorityor a committee thereof who is in any way, whether

Conflicts of interest


directly or indirectly, interested in any matter underconsideration by the National Planning Authority orcommittee shall declare the nature of his interest at thefirst meeting of the National Planning Authority or acommittee at which it is practicable for him to do so.

(2) A disclosure under subsection (1) shall berecorded in the Minutes of the meeting during which thedisclosure was made.

(3) Where a member makes a disclosure under thissection, he shall not be present or take part indeliberations when the matter is being discussed.

13. (1) The National Planning Authority shallestablish such departments or units as may benecessary to undertake its functions under this Act.

(2) The National Planning Authority shall employsuitably qualified persons as heads of departments,including—

(a) the Director of Planning who shall havequalifications and at least ten years’post-qualification experience in urban andregional planning;

(b) the Chief Building Officer who shall havequalifications and at least ten years’post-qualification experience inengineering; and

(c) the Chief Enforcement Officer who shall—

(i) have qualifications and at least tenyears’ post-qualification experiencein a profession relating to the builtenvironment; or

(ii) be an Attorney-at-law of at leastten years’ standing and have experience in law relating to thebuilt environment,

Departments andofficers of theNational PlanningAuthority


and shall employ such other officers and employees asare required for the efficient performance of itsfunctions.

(3) The Director of Planning, the Chief BuildingOfficer and the Chief Enforcement Officer shall bepersons in public life for the purposes of the Integrity inPublic Life Act.

14. (1) The National Planning Authority may, bywritten instrument, delegate to the Director of Planningsuch of its functions as it sees fit.

(2) Delegation of any function under this sectiondoes not prevent the exercise of that function by theNational Planning Authority.

15. (1) Notwithstanding section 14, the Director ofPlanning shall be responsible for development planningand development control in accordance with this Act.

(2) The Chief Building Officer shall exerciseoversight over all applications for building orengineering operations and the implementation of allapproved plans for building or engineering operationsand in so doing, shall be responsible for the following:

(a) ensuring compliance with all buildingregulations;

(b) monitoring all building and constructionprocedures to ensure compliance withapproved designs;

(c) establishing inspection procedures forbuilding and engineering operations;

(d) referring of flagrant breaches of buildingregulations to the Chief EnforcementOfficer; and

(e) submitting of biannual and other reports tothe National Planning Authority on theperformance of his functions in a form

Delegation toDirector of Planning

Functions of certainheads of departments


Chap. 22:01

specified by the National PlanningAuthority.

(3) The Chief Enforcement Officer shall enforce thebuilding regulations and shall take action on mattersreferred to him by the Chief Building Officer undersubsection (2)(d).

16. (1) The Minister may, by written instrument afterconsultation with the National Planning Authority, andsubject to such conditions, directions, reservations andrestrictions as the Minister considers proper, appoint aspecial planning authority for the purpose of—

(a) preparing a development plan, other than adevelopment plan for the whole of Trinidadand Tobago or for the island of Tobago; or

(b) determining applications for permission todevelop land, except in relation to the islandof Tobago; or

(c) discharging other development control functions under Part V, except in relation tothe island of Tobago.

(2) After consultation with the National PlanningAuthority, the Minister may, by written instrument,appoint two or more municipal planning authorities to beone joint planning authority for the discharge of suchfunctions as the instrument may specify.

17. (1) A municipal planning authority may delegateany of its functions under Part IV to a committee or anofficer of the authority.

(2) Two or more municipal planning authoritiesmay discharge any of their functions under Part Vjointly by delegating those functions to a joint committeeof their members or one of their officers.

Appointments ofspecial and jointplanning authorities

Delegation ofplanning functions toofficers of localauthorities


(3) The delegation of functions to an officer undersubsection (2) shall be made to the officer by name.

(4) Delegation of any function under this sectiondoes not prevent the exercise of that function by thedelegating authority.

PART IVDEVELOPMENT PLANS

18. (1) In preparing the National Spatial DevelopmentStrategy, the National Planning Authority shall ensurethat the National Spatial Development Strategy—

(a) is consistent with the social, economic,regional, environmental, cultural and otherdevelopment policies of the Government;

(b) provides the policy framework within whichregional and local planning can beundertaken;

(c) comprehensively draws together and linksthe functional plans prepared by individualsectoral agencies;

(d) has as its primary focus—(i) issues of national policy and the

coordination of functions;(ii) the identification of problems

and opportunities created bydemographic change and industrialand other activity; and

(iii) the adoption of strategies forsustainable use, resources andopportunities and for theminimizing of environmental landuse problems resulting from humanactivity.

(2) The National Spatial Development Strategyshall come into force upon approval by Parliament and

National PlanningAuthority to prepareNational SpatialDevelopmentStrategy


amendments to it shall come into force upon approval byParliament.

(3) Where the National Spatial DevelopmentStrategy or any amendment thereto is laid inParliament for its approval, a draft development ordergiving effect to the National Spatial DevelopmentStrategy or the amendment shall also be laid inParliament.

(4) The National Planning Authority shall ensurethat the National Spatial Development Strategy isreviewed as often as necessary and in any event at leastonce every five years.

(5) In conducting a review of the National SpatialDevelopment Strategy, the National PlanningAuthority shall conduct public consultations and shalltake into account public comments received by theNational Planning Authority.

(6) In preparing or reviewing the National SpatialDevelopment Strategy, the National PlanningAuthority shall take into account any proposals submit-ted by the Tobago House of Assembly.

19. (1) The Tobago House of Assembly and a municipal planning authority shall, on its own motionor in accordance with directions in writing from theNational Planning Authority, prepare, and thereafterreview as often as necessary and in any event at leastonce every five years, such regional, local and otherdevelopment plans for such regions and areas withintheir respective jurisdictions and on such subjects aswould assist in the efficient and equitable planning andmanagement of land.

(2) The primary focus of any regional or localdevelopment plan prepared under subsection (1) shallbe the detailing, coordination and implementation of theNational Spatial Development Strategy at the regionalor local level, as the case may be.

Regional, local andother developmentplans


20. (1) A development plan shall contain goals,objectives and policies established primarily to manageand guide change in the social, economic and physicalenvironment of the area for which the development planis prepared.

(2) A development plan shall be consistent withthe National Spatial Development Strategy and shall,where appropriate, include—

(a) a review of the physical, social, economicand environmental characteristics of thearea and the available social services;

(b) a description of those matters affectingor providing opportunities for thedevelopment and use of land;

(c) a land-use plan showing—(i) areas of land for agricultural,

forestry, residential, industrial,institutional, recreational(including national parks), retail(including informal sectoractivities), office, tourism orcommercial uses, or any other classof uses specified in the plan;

(ii) conservation areas, environmentallysensitive areas, areas subject todevelopment hazards, and areas ofspecial interest;

(iii) buffer zones where developmentshall be restricted due tovulnerability of the zone todevelopment hazards, whethernatural or man-made; and

(iv) areas where development may bepremature or unacceptable havingregard to lack of water or otherservices or facilities;

Functions andcontent ofdevelopment plans


(d) such maps, drawings and other graphicrepresentations, and such data, proposals,descriptive matter and other information,as may be necessary to illustrate, explainand provide a reasoned justification for thepolicies and proposals of the developmentplan;

(e) recommendations for the sequencing orphasing of development within the area covered by the plan;

(f) in the case of a local or regionaldevelopment plan, matters pertaining toparticular conditions addressed with agreater degree of detail;

(g) a description of proposed measures andprogrammes for the attainment of the objectives of the plan and estimates of theresources needed and likely to be availablefor their implementation;

(h) an assessment of the quantity and forms ofhousing required and estimated to berequired in the future by varioussocio-economic groups, or by that part of thepopulation living or expected to live in thearea described in the development plan;

(i) a transportation plan showing the genera-lized location of proposed major roads andother transportation facilities;

(j) a utilities plan showing the generalizedlocation of areas which it is proposed toservice with water, waste-water, electrical,gas, telecommunications or other services;

(k) an environmental impact statementincorporating a systematic environmentalappraisal of policies and proposals havingenvironmental implications as an appendixto the development plan; and

(l) such other matters as may be prescribed.(3) For the purpose of subsection (2)(a), a review of

a development plan may include a fresh survey if


required, a report on the survey and recommendationsand alterations to the plan.

21. (1) Where any development plan is to be preparedunder this Part, the Minister may, after consultationwith the National Planning Authority, give suchdirections or impose such conditions, reservations orrestrictions as he thinks fit, including directions,conditions, reservations or restrictions in relation to—

(a) the area for which the development plan isto be prepared;

(b) the subject matter of the development plan;(c) the major alternative development

strategies to be considered and the means tobe used for evaluating the efficacy of suchstrategies;

(d) the stages in the preparation of the planwhen interim reports will be provided;

(e) the time within which the development planshall be prepared;

(f) any policies to be taken into account in thepreparation of the development plan; and

(g) the persons and authorities who shall beconsulted in the preparation of thedevelopment plan.

(2) On giving not less than fourteen days writtennotice to a planning authority appointed under section16, the Minister, after consultation with the NationalPlanning Authority, may—

(a) require that the preparation of thedevelopment plan cease for such period asis specified in the notice;

(b) revoke or vary the powers granted to theplanning authority either in whole or inpart;

Conditions governingappointments toprepare developmentplans


(c) resume the power to prepare a developmentplan and continue or recommence thepreparation of that development planfollowing its suspension pursuant toparagraph (a); and

(d) add to, remove from, or reconstitute theplanning authority.

(3) On giving not less than fourteen days writtennotice to two or more planning authorities, the Minister,after consultation with the National PlanningAuthority, may require the planning authorities toprepare a joint development plan of a kind specified inthe notice.

(4) On giving not less than fourteen days writtennotice to two or more planning authorities which arepreparing a joint development plan pursuant tosubsection (3), the Minister, after consultation with theNational Planning Authority, may require the planningauthorities to cease from doing so.

(5) The Minister shall cause a notice issued undersubsection (4) to be published in the Gazette and at leasttwo daily newspapers in circulation in Trinidad andTobago.

22. (1) Any planning authority or any personauthorized to act on its behalf shall, at least fourteendays before beginning to prepare a development plan,publish in at least two daily newspapers in circulation inTrinidad and Tobago a notice—

(a) identifying the area being considered;(b) inviting representations from the public;

and(c) stating that further information may be

obtained on an ongoing basis from personsidentified in the notice,

Preparation ofdevelopment plan


and shall, in the course of preparing the developmentplan—

(d) collect and analyse relevant data andinformation;

(e) set out clearly and fully all policies,proposals and programmes, includingalternatives and reasons therefor, which itis proposed to include in the developmentplan;

(f) publish a summary of the informationreferred to in paragraphs (d) and (e) in atleast two daily newspapers in circulation inTrinidad and Tobago;

(g) conduct public consultations;(h) consult with key stakeholders and such

persons, bodies and authorities that submitrepresentations;

(i) prepare and publish a report of allconsultations; and

(j) prepare a proposed development plan.(2) Every agency receiving a request for

information or comment in connection with thepreparation of a development plan shall, withintwenty-one days, provide the information or commentrequested and, in the preparation of the developmentplan, regard shall be given to the information andcomments provided.

(3) Where a proposed development plan isprepared for a planning authority, that authority shallconsider the proposed development plan and shall,within three months of receiving the proposeddevelopment plan, forward the proposed developmentplan and any comments of the authority on the proposeddevelopment plan to the National Planning Authority.

(4) Where the National Planning Authority is ofthe opinion that any land in a development plan should


be subject to compulsory acquisition, the NationalPlanning Authority shall refer the matter to theMinister.

(5) Where the National Planning Authority is notof the opinion that any land in a development planshould be subject to compulsory acquisition, theNational Planning Authority shall, within three monthsof the receipt of the proposed development plan and thecomments of the planning authority, direct that withinsix months or such lesser time as the National PlanningAuthority may specify, any or all of the followingmeasures be taken:

(a) further work of a kind specified in thedirections be undertaken on the proposeddevelopment plan;

(b) specific matters be deleted from theproposed development plan;

(c) specific amendments or additions be madeto the proposed development plan; and

(d) further consultation of a kind specified beundertaken in respect of the proposed development plan.

(6) Where no direction is given undersubsection (5) or where the planning authority complieswith directions under subsection (5) to the satisfaction ofthe National Planning Authority, the planning authority may adopt the development plan.

(7) The National Planning Authority may, onapplication in writing, grant an extension of time for thepurposes of subsection (3) or (5).

23. Where a development plan has been adopted by aplanning authority under section 22(6), the NationalPlanning Authority shall proceed in accordance withsection 25.

Development plan oflocal authority toproceed in accordancewith section 25


24. (1) Where, in the opinion of the Minister, any landshould be subject to compulsory acquisition for planningpurposes, he shall instruct the National PlanningAuthority to prepare for his provisional agreement adevelopment plan or a modification to a developmentplan, designating the land as subject to suchcompulsory acquisition and describing—

(a) the intended objectives of the developmentplan;

(b) the uses to which the designated land willbe put;

(c) the programmes or means to be used afterthe acquisition of the designated land hastaken place in order to achieve the proposeduses; and

(d) the reasons why compulsory acquisition isnecessary to achieve the intended objectivesand the proposed uses.

(2) Before the Minister gives provisionalagreement to a development plan designating any landas subject to compulsory acquisition for achieving theobjectives of the development plan, the Minister shall—

(a) publish a notice indicating that the land isproposed to be designated as being subjectto compulsory acquisition for achieving theobjectives of the development plan, andsetting out the information mentioned insubsections (1)(a) to (d) in the Gazette andat least two daily newspapers in circulationin Trinidad and Tobago and in such othermanner as may be intended to bring theplan to the attention of persons likely to beaffected by it; and

(b) give written notice of the proposeddesignation to the owners and any knownmortgagees or other holders ofencumbrances of the land.

Land subject tocompulsoryacquisition


(3) Any person or entity desiring to makecomments, representations or objections in relation tothe proposed compulsory acquisition for the objectives ofthe plan shall do so within two months of thepublication referred to in subsection (2)(a) or of thegiving of notice referred to in subsection (2)(b), as thecase may be.

(4) After receiving any comments, representationsor objections pursuant to subsection (3), the Ministermay give provisional agreement to such proposeddevelopment plan or modification, and the NationalPlanning Authority may thereafter, pursuant tosection 25, proceed to certify that the development planconforms to the National Spatial Development Strategyand that, in its preparation, the requirements of this Acthave been satisfied.

(5) Any designated land in an operativedevelopment plan may be acquired under the LandAcquisition Act, as if the acquisition is for a publicpurpose.

(6) Where any designated land has not beencompulsorily acquired under the Land Acquisition Actat the expiration of five years from the date on which theplan was approved or was deemed to have beenapproved by Parliament, any owner of any interest inthe designated land may serve notice on the Ministerrequiring either—

(a) that such interest be acquired; or(b) that the development plan be amended by

rescinding the designation in relation to theaffected land,

and if within six months after the service of such notice,such interest has not been so acquired, the developmentplan shall have effect as if the designated land was notdesignated as subject to compulsory acquisition.


(7) Nothing in this section prevents—(a) acquisition by agreement of any land

designated as subject to compulsoryacquisition; or

(b) compulsory acquisition by the State or anyauthority, under powers contained in anyother Act, of any land whether it isdesignated for compulsory acquisitionunder this Act or otherwise.

(8) In this section, “designated land” means landthat is designated in a development plan as subject tocompulsory acquisition.

25. (1) Before certifying any provisional developmentplan, the National Planning Authority shall publish inthe Gazette and at least two daily newspapers incirculation in Trinidad and Tobago, a notice stating thatthe National Planning Authority proposes to certify theprovisional development plan and that any persondesiring to make comments, representations orobjections in relation to the plan may do so by writtensubmission delivered to the National PlanningAuthority.

(2) The notice referred to in subsection (1) shallstate the places where copies of the provisionaldevelopment plan may be obtained or inspected and adate, not less than six weeks after the date of thepublication of the notice, by which any comments,representations or objections shall be received.

(3) Where any comments, representations orobjections are received in relation to the provisionaldevelopment plan, the National Planning Authoritymay provide for a public hearing on the plan and mayappoint such person as the National Planning Authoritydeems suitable as a hearing officer to conduct suchpublic hearing.

(4) The National Planning Authority shall givenotice of the hearing to any person submitting

Certifying ofprovisionaldevelopment plans


comments, representations or objections and shallpublish notice of the hearing in at least two dailynewspapers in circulation in Trinidad and Tobago.

(5) The notice referred to in subsection (4) shallstate—

(a) the date, time and place of the publichearing; and

(b) that any interested person may be heard atthe hearing.

(6) After considering any comments,representations or objections, the National PlanningAuthority shall certify the provisional development planwith or without amendment.

(7) Where the National Planning Authoritycertifies a provisional development plan, other than aplan designating land as subject to compulsoryacquisition, the plan shall come into operation on suchdate as is fixed by the National Planning Authority byNotification in the Gazette.

(8) Where the National Planning Authoritycertifies a provisional development plan designatingland as subject to compulsory acquisition, the NationalPlanning Authority shall—

(a) publish a notice in the Gazette notifying thatthe National Planning Authority has certified the provisional development plan;

(b) prepare a summary of—(i) any comments, representations and

objections received in relation tothe plan; and

(ii) the comments and recommendationsof the National Planning Authority;and


(c) submit the provisional development plantogether with such summary andrecommendations to the Minister.

(9) The Minister may, in writing approve aprovisional development plan submitted to him undersubsection (8) except that where the provisionaldevelopment plan designates land subject tocompulsory acquisition, his approval shall be by Ordersubject to affirmative resolution of Parliament.

(10) Where the Minister does not accept arecommendation of the National Planning Authority, heshall send a written report of his reasons to the NationalPlanning Authority and shall not proceed to reject therecommendation until he has received and consideredany reply from the National Planning Authority whichshall be submitted to the Minister not more than onemonth after receipt of the Minister’s written report.

(11) An Order of the Minister approving adevelopment plan shall be published in the Gazette andat least two daily newspapers in circulation in Trinidadand Tobago.

26. Unless the material considerations referred to insection 35(2) indicate otherwise, the policies andproposals of an approved development plan shall be theprincipal consideration in all decisions taken under thisAct by the Minister, the National Planning Authority,any planning authority, and all other authorities havingcontrol or jurisdiction over land in respect of any matterin respect of which it is provided that materialconsiderations shall be taken into account.

27. (1) The Minister may publish such statements ofpolicy and other written, graphic or other illustrativematerial as may, in his opinion, be conducive to thedischarge of functions under this Act and may carry outsuch consultations as he thinks fit in connection withsuch statements and other material intended to bepublished.

Minister to publishpolicy statements

Role of approveddeveloment plan


(2) Where, in the opinion of the Minister, aproposed statement of policy would affect any operativedevelopment plan, the Minister shall publish in theGazette and at least two daily newspapers in circulationin Trinidad and Tobago, notice of the proposedstatement of policy stating either—

(a) the terms or substance of the proposedchange; or

(b) the subject and nature of the proposedchange,

and the issues involved and inviting the submission ofcomments or representations to the National PlanningAuthority in writing not less than thirty days after thedate of publication of the notice.

(3) The National Planning Authority shall submitto the Minister any written comments received as wellas its own recommendations respecting the proposedstatement of policy, which recommendations shall belaid before Parliament together with the proposedstatement of policy by the Minister.

28. Copies of the National Spatial DevelopmentStrategy and of all reports, development plans, proposeddevelopment plans, provisional development plans andamendments thereto referred to in this Part, shall bemade available by the National Planning Authority forinspection and for purchase by the public.

PART VDEVELOPMENT CONTROL

29. (1) In this Act, the expression “development”means—

(a) the act of—(i) carrying out demolition, building,

engineering, mining or other

Meaning of“development”

National PlanningAuthority to makeplans and reportsavailable


operations in, on, over or under anyland, whether or not covered bywater, and whether or not usedfor agriculture, forestry oraquaculture;

(ii) making any material change in theuse of any building or other land;and

(iii) subdividing any land; and(b) when appropriate to the context, the result

of activities specified in paragraph (a).

(2) Notwithstanding subsection (1), the followingoperations or uses of land are, for the purposes ofthis Act, deemed not to be development of land:

(a) the carrying out of works for themaintenance, improvement or otheralteration of any building, if the worksaffect only the interior of the building, donot materially affect the externalappearance of the building, and do notinvolve a material change of use;

(b) the carrying out of works required for themaintenance or improvement of a road,within the boundaries of the road, by ahighway authority, provided that the levelof the road remains unchanged;

(c) the carrying out of any work for the purposeof inspecting, repairing or renewing anysewers, pipelines, cables or otherapparatus, including breaking open anystreet or other land for that purpose by theTobago House of Assembly or anyMunicipal Corporation or statutoryundertakers;

(d) the use of any building or other land withinthe curtilage of a dwelling-house for anypurpose incidental to the enjoyment of the


dwelling-house as such, except where aDevelopment Order has been maderestricting such use in an area of specialinterest;

(e) the use of any land for the purpose ofagriculture, forestry or aquaculture, subjectto such exceptions or limitations as theMinister may, by Order, specify; and

(f) a change in the use of any building or otherland from any use within a class defined ina Development Order to another use withinthe same class.

(3) Nothing in subsection (2)(a) or (d) affects anyrequirement which is otherwise imposed with respect toprohibiting or controlling any alteration, or requiringpreservation of buildings in areas of special interest.

(4) Subject to any regulations made under this Actrelating to the control of advertisements, and except forsigns used to identify a building and its occupancy, theuse of any external part of a building for the display ofadvertisements shall be deemed to involve a materialchange in the use of that part of the building.

30. Except as otherwise expressly provided in this Act,permission to develop land is required under this Partfor any development of land before such development iscommenced.

31. (1) Subject to section 33, the Minister may, byOrder, provide for the grant of permission to developland under this Part, and the Development Order mayinclude provisions with respect to—

(a) any development specified in theDevelopment Order;

(b) any class of development specified in theDevelopment Order; or

(c) any land specified, or such description of

Permission requiredfor development ofland

Development Orders


land as is specified, in the DevelopmentOrder.

(2) The permission referred to in subsection (1)may be granted by—

(a) the National Planning Authority or aplanning authority, upon an application forsuch permission made to it in accordancewith the Development Order where suchpermission is not to be granted by theMinister; or

(b) the Minister, where any applicationprovided for in paragraph (a) of thissubsection, is referred to the Ministerpursuant to the provisions of section 48.

(3) Development allowed by a Development Ordermay be subject to such conditions and limitations asmay be specified in the Development Order.

(4) Without restricting the generality ofsubsection (2), a Development Order that allows for anydevelopment may—

(a) in case of the erection, extension oralteration of any building, require theapproval of the National PlanningAuthority or a planning authority withrespect to the design or external appearanceof such building;

(b) in case of any development of any specifiedclass, exclude development in anyparticular area or exclude any particularproject; or

(c) impose any condition or requirementprovided for in section 37.

32. (1) An application for permission to develop landshall—

(a) be made to a planning authority in theprescribed manner;

Application forpermission to developland


(b) include such information as is required or as isdirected to be provided by the NationalPlanning Authority or a planning authority;and

(c) be accompanied by the prescribed fee.

(2) A person who applies for permission to developland shall conspicuously post on the land notice of theapplication in the prescribed form.

33. (1) The Minister may, in a Development Order, provide in relation to specified categories of applications forpermission to develop land—

(a) that notice of the application may be forwarded to such person or class of persons asmay be specified;

(b) that the notice of the application shall beadvertised in at least two daily newspapers incirculation in Trinidad and Tobago or on theland to which the application relates or both insuch manner and for such period as may bespecified;

(c) that the applicant shall furnish, at such timesand to such persons, such information respecting the application as may be specified;

(d) that the application shall be determined onlyafter the expiry of the period which may bespecified and upon satisfactory proof of compliance with specified conditions respecting publishing of the application; or

(e) for such other matters as he thinks fit.

(2) A person is entitled to make representations orobjections in relation to an application referred to in theDevelopment Order to the National Planning Authority

Publicising of certainapplications


within twenty-eight days of the date on which notice ofthe application is advertised.

34. (1) A planning authority shall keep, in suchmanner as may be prescribed, a register containing suchinformation as may be prescribed with respect to—

(a) applications made to the authority forpermission to develop land, outlinedevelopment approval, or other approvalsfor development required by or under thisAct; and

(b) the manner in which applications referredto in paragraph (a), have been determined.

(2) Regulations made pursuant to subsection (1)may provide for the register to be kept in three or moreparts including a part containing maps and such otherinformation pertaining to applications mentioned insubsection (1)(a) as may be prescribed.

(3) Regulations made pursuant to subsection (1)may provide for a specified part of the register tocontain copies of applications and of any plans ordrawings submitted with them.

(4) A register kept under this section shall bemade available for inspection by the public.

35. (1) In considering any application for permissionto develop land, the National Planning Authority or anyplanning authority shall take into account—

(a) an approved development plan or specialplan;

(b) any plans or policies relating to an area ofspecial interest;

(c) any statement of policy or other materialreferred to in section 27(1) and which isrelevant to the application;

(d) any disaster mitigation informationrelevant to the area to which the applicationrelates;

Registers ofapplications

Consideration ofapplications


(e) any written laws, policies and plansrelevant to the protection of theenvironment;

(f) such of the following as, in the opinion ofthe National Planning Authority or theplanning authority, are relevant to theapplication:

(i) any applicable provisionaldevelopment plan or special plan;

(ii) any representations made by, orthe results of a survey of, membersof the public; or

(iii) the comments received at anypublic consultation held by theNational Planning Authority; and

(g) any other material consideration.

(2) Without restricting the generality ofsubsection (1)(g), the following considerations may beregarded as material:

(a) the use to which the land is being put at thetime of the application;

(b) the pattern of development of the area inwhich the land is located;

(c) the likely effect on the environment of theproposed development;

(d) the availability of alternative sites suitablefor the proposed development;

(e) any economic or social costs or benefits tothe community that are likely to begenerated by the proposed development;

(f) the quality of the architectural design andlayout of the proposed development;


(g) the existing infrastructure or requiredimprovement of infrastructure; and

(h) any representations made by members ofthe community.

(3) In considering an application which relates toany subdivision of land, the National PlanningAuthority or the planning authority shall have regard tothe health, safety, convenience and welfare of the futureinhabitants of the subdivision, and of persons residingin the vicinity of the subdivision.

36. (1) In this section—“development proposal” means an application

for—(a) permission to develop land;(b) outline development approval; or(c) approval of any matter under a

development order; and“significant environmental impact” means

having the potential to affect or impact thequality of the environment.

(2) In considering a development proposal whichmay have significant environmental impacts or requirea Certificate of Environmental Clearance, the NationalPlanning Authority shall collaborate with theEnvironmental Management Authority for the purposesof determining whether significant environmentalimpacts are adequately avoided or mitigated by thedevelopment plan for the area or land developmentregulations.

(3) Where the National Planning Authority andthe Environmental Management Authority agree thatsignificant environmental impacts are adequatelyavoided or mitigated by the development plan for thearea or land development regulations, the NationalPlanning Authority may proceed to act under section 37.

Consideration ofenvironmental effects


(4) Where the National Planning Authority andEnvironmental Management Authority do not agreethat significant environmental impacts are adequatelyavoided or mitigated by the development plan for thearea or land development regulations, the NationalPlanning Authority and the EnvironmentalManagement Authority shall jointly develop therequirements for such additional environmental reviewand analysis as needed, to determine the applicationunder section 37(1).

37. (1) The National Planning Authority or a planningauthority may, after taking into account all materialconsiderations—

(a) grant permission to develop landunconditionally;

(b) grant permission to develop land subject toconditions; or

(c) refuse permission to develop land.

(2) A determination made pursuant tosubsection (1) shall be in writing and shall, wheresubsection (1)(b) or (c) applies, be accompanied by—

(a) a statement of the reasons for theimposition of any conditions or refusal; and

(b) information with respect to any right ofappeal against the determination availableto the applicant.

38. (1) At least one notice of the grant of permission todevelop land shall be prominently displayed andmaintained in, on, or about the land being developed.

(2) Display of a building permit issued underPart VI shall, in respect of the development permittedby that permit, constitute compliance with this section.

39. (1) Subject to the provisions of section 40, anypermission to develop land granted or deemed to havebeen granted before the commencement of this Act

Duration ofpermission to developland

Grant of permissionto develop land

Display of permissionto develop land


shall, if development to which such permission relateswas not commenced before the commencement of thisAct, be deemed to have been granted subject to acondition that development shall be commenced notlater than five years after the commencement of thisAct.

(2) Subject to the provisions of section 40, allpermission to develop land granted on, or after thecommencement of this Act shall be granted subject to acondition that development shall be commenced notlater than a date specified in the permission, and if nodate is specified, then within five years from the date onwhich such permission is granted.

40. (1) The National Planning Authority or a planningauthority may, at the request of an applicant, extendthe period within which development is required tocommence under section 39.

(2) This section does not apply to—(a) an outline development approval;(b) permission to develop land granted by a

Development Order;(c) planning permission granted before the

commencement of this Act, where suchpermission was subject to any conditionthat the development to which it relatesshould commence or be completed not laterthan a specified date or within a specifiedperiod;

(d) permission for a limited period only; or(e) outline planning permission granted under

the former Act.

(3) For the purposes of this section, “development”shall be deemed to have commenced when any activityfalling within the scope of “development of land” as thatterm is defined in section 29 was commenced, whetheror not such activity was continued thereafter.

Extension of period ofpermission


(4) For the avoidance of doubt, it is hereby declaredthat the placing of markers, boundary stones, pegs orother similar devices, or the placing of any material in,on, or above the land to demarcate the land or to indicate where development of the land is to take placedoes not constitute development of land for the purposes of this section.

(5) A grant of permission to develop land that hasexpired has no force or effect, and developmentundertaken in reliance on such expired grantconstitutes a breach of planning control.

41. (1) An application for outline developmentapproval (hereinafter referred to as an “outlineapplication”) may be made to a planning authority forthe purpose of determining whether proposeddevelopment comprising the erection of buildings or subdivision of land is of a type and scope as may be permitted under a relevant development plan and existing planning policy.

(2) An outline application shall be made in suchform and shall be accompanied by such fees, plans andother information as may be prescribed.

(3) A grant of an outline development approvaldoes not permit commencement of any operations in, on,under or over land to which the grant relates andpermission to develop land shall be sought and grantedbefore any development of land is commenced.

(4) Where the National Planning Authority or aplanning authority concludes that an outlineapplication should not be considered separately from thedetails and information required to accompany an application for permission to develop land, the NationalPlanning Authority or a planning authority shallforthwith notify the applicant that outline developmentapproval cannot be granted and require the applicant tosubmit an application for permission to develop landunder section 32 instead.

Outline developmentapproval to erectbuildings orsubdivide land


(5) The National Planning Authority or a planningauthority shall, in determining an outline application,in so far as is relevant and practicable, have regard tothe considerations referred to in section 35.

42. (1) Wherever outline development approval isgranted, it shall, unless the outline developmentapproval provides otherwise, be subject to a conditionthat application for permission to develop landrespecting the development concerned shall be made notlater than one year after the granting of such outlinedevelopment approval.

(2) The National Planning Authority or a planningauthority may, at the request of the applicant, extendthe duration of an outline development approval beforeit expires.

43. (1) Where application is made for permission todevelop land under section 32, the National PlanningAuthority or the planning authority or both may, beforegranting permission to develop land, enter into anagreement with the owner of the land, and theagreement may contain such terms and conditions asmay be beneficial to the owner and the public interestas the National Planning Authority or aplanning authority considers appropriate.

(2) Without restricting the generality ofsubsection (1), an agreement under this section shall bespecific to the circumstances of the application and mayinclude—

(a) conditions affecting any matter in respect ofwhich conditions may be imposed on a grantof permission to develop land pursuant tosection 37(1)(b); and

(b) conditions providing for the furnishing ofsecurity by the applicant to ensure duecompliance with the terms of theagreement.

Duration of outlinedevelopmentapproval

Planning agreements


(3) An agreement made pursuant to this sectionwith the owner of the land shall be enforceable againstthe owner and against all subsequent owners andoccupiers of the land, and the National PlanningAuthority and the planning authority shall be entitledto maintain a claim for specific performance, damages orfor mandatory or injunctive relief, and may require arespondent in such claim to comply with a covenant,whether positive or negative, notwithstanding theabsence of any dominant tenement under suchagreement.

(4) A record of every agreement made under thissection shall be noted in the register of applicationsmaintained under section 34, and the record shall bedeemed to be sufficient notice of the agreement for allpurposes connected with the enforcement of theagreement in accordance with subsection (3).

44. Where the National Planning Authority ora planning authority requires security for theperformance of any agreement or any condition subjectto which permission to develop land is granted, theinstrument shall be in such form, contain suchconditions and be secured with such sureties (includinga charge on the land to which the permission oragreement relates) as the National Planning Authorityor the planning authority may, subject to regulationsmade under this Act, consider proper for ensuring thatthe instrument is enforceable.

45. (1) Where permission is granted for thedevelopment of land under this Part, the grant ofpermission may specify the purpose for which the landor any buildings to be erected on the land may be usedand, if no purpose is specified, the permission shall beconstrued as permitting use of the land and suchbuildings for only such purpose as is shown in theapplication and any supporting material upon whichpermission was granted.

Performance bonds

Supplementaryprovisions as toenforcement


(2) Where permission for a limited period only isgranted under this Part, at the end of the period,nothing in this Part shall be construed as requiringpermission to be obtained for resumption of use of theland for any purpose for which the land was lawfullyused immediately before such permission for a limitedperiod only was granted.

46. (1) Where a person applies to the NationalPlanning Authority or a planning authority forpermission to develop land, the power to grantpermission to develop land under this Part includes thepower to—

(a) grant permission—(i) to retain or complete any buildings

or works constructed or carried outbefore the date of the application;and

(ii) to continue any use or operationcommenced before that datewhether without permissiongranted under this Part or Part IIIof the former Act, or in accordancewith permission granted for alimited period only,

without conditions or subject to suchconditions as the National PlanningAuthority or a planning authority considersfit;

(b) alter, modify or discharge any condition orlimitation subject to which any permissionto develop land was granted undersubsection (a); and

(c) determine any purpose for which land maybe lawfully used, having regard to its pastuse and to any permission previouslygranted to develop the land.

Permission to retainor continueunauthoriseddevelopment


(2) In considering whether to grant permission toretain or continue unauthorised development or use ofland, the National Planning Authority or a planningauthority shall have regard to such of the considerationsspecified in section 35 as are material to the application.

(3) Any permission referred to in subsection (1)may be granted to take effect from the date when thebuildings were constructed, the works were carried out,or the use was instituted, or from the expiration of anypermission granted for a limited period only, as the casemay be.

(4) Where either an immediate compliance orderor development repair order has been issued in respectof any matter in relation to which application is madeunder this section, the National Planning Authority or aplanning authority shall not process the applicationuntil the requirements of such order have been met.

47. (1) Where permission to develop land is grantedunder this Part, except as may otherwise be provided bysuch permission, the permission inures to the benefit ofthe land and of all persons for the time being interestedin the land, but without prejudice to the provisions ofthis Part respecting the revocation and modification ofpermission.

(2) Where, pursuant to the provisions of this Act orof a Development Order, an application for permissionto develop land is required to be published, anypermission granted on such application—

(a) shall, where no notice of appeal is servedwithin the period specified for bringing anyappeal under Part VIII, take effect upon theexpiry of such specified period; or

(b) shall not, where a notice of appeal wasserved within the period specified forbringing an appeal under Part VIII, takeeffect before the final determination orabandonment of the appeal to which suchnotice of appeal relates.

Effect of grant ofpermission to developland


48. (1) Where an application is made to a planningauthority for permission to develop land, or for theapproval of any matter under a Development Order, andthe application—

(a) involves issues of national security;(b) involves issues of more than local

importance;(c) raises significant architectural or urban

design issues giving rise to substantialregional or national controversy;

(d) may conflict with national policy;(e) involves the interest of a foreign

government;(f) affects the obligations of Trinidad and

Tobago under any treaty or internationalconvention; or

(g) involves such other issues as it thinks fit,

the planning authority shall refer the application to theMinister through the National Planning Authority.

(2) Where a decision is made by a planningauthority or the National Planning Authority in breachof subsection (1), the decision shall be subject to reviewby the Minister.

(3) Subject to subsection (4), where an applicationfor permission to develop land or for outlinedevelopment approval is referred to the Minister underthis section, so far as may be relevant, the provisions ofsections 33 to 38 and 41 shall apply as they apply toapplications that are to be determined by the NationalPlanning Authority or any planning authority but withthe substitution of a reference in those provisions to theNational Planning Authority or a planning authoritywith a reference to the Minister, and any othernecessary modifications.

Minister’s power inrelation to planningapplications anddecisions


(4) Before determining any application referred tohim under this section, the Minister shall afford—

(a) the applicant;(b) the National Planning Authority or any

planning authority, and(c) such other person as he thinks fits,

an opportunity to submit written representations forthat purpose.

49. (1) Subject to subsections (2) to (5), if, in theopinion of the Minister, after consultation with theNational Planning Authority and the relevant planningauthority having regard to the considerationsmentioned in section 35, it is prudent in the publicinterest that permission to develop land or any outlinedevelopment approval be revoked or modified, theMinister may, by Order, revoke or modify suchpermission or outline development approval.

(2) The power conferred on the Minister by thissection may be exercised where permission to developland relates to—

(a) the carrying out of building or otheroperations, at any time before suchoperations have been completed;

(b) any change in the use of land, at any timebefore such change has taken place; or

(c) subdivision of land, at any time beforeregistration of the plan, transfer, deed orother instrument effecting such subdivisionunder the Real Property Ordinance, theRegistration of Deeds Act, or theRegistration of Title to Land Act, as thecase may be.

(3) Where permission to develop land or outlinedevelopment approval is revoked or modified by anOrder made under this section, and, on a claim made to

Revocation ormodification ofpermission to developland

Ch. 27. No. 11(1950 Rev.)Chap. 19:06Act No. 16 of 2000


the Minister within six months of the making of theOrder, it is shown that any person interested in the landhas incurred expenditure in carrying out workauthorised by such permission that is renderedvalueless, or less valuable, by the revocation ormodification, the Minister shall pay to that personreasonable compensation in respect of such expenditure.

(4) For the purposes of this section, where—(a) as a consequence of the grant of outline

development approval, expense is incurredin the preparation of plans, specifications,studies or reports that are used for thepurpose of obtaining permission to developland; and

(b) such permission to develop land has beenrevoked or modified,

that expense shall be deemed to be included in theexpenditure incurred in carrying out the work referredto in subsection (3), but no other compensation shall bepaid under this section in respect of work carried out,prior to the grant of the permission that was revoked ormodified.

(5) Where—(a) any permission for the development of land

granted by a Development Order has beenwithdrawn (whether by the revocation ormodification of the Development Order orby the issue of directions under theDevelopment Order); and

(b) pursuant to an application made under thisPart relating to such development,permission for the development of land isrefused or is granted subject to conditionsother than those previously imposed by theDevelopment Order,

the provisions of this section shall apply as if permissiongranted by the Development Order had been granted


upon application made under this Part and wassubsequently revoked or modified by an Order madeunder this section.

(6) Where, pursuant to this section, compensationis payable or has been paid in respect of expenditureincurred in carrying out any work on land and the Statesubsequently acquires such land, any compensationpayable in respect of the acquisition of the land assessedpursuant to the Land Acquisition Act shall be reducedby an amount equal to the amount of compensation paidor payable in respect of the works by virtue ofsubsection (3), to the end that the owner shall be paidonce only for such works.

(7) A person who is aggrieved by a decisionrelating to the payment of compensation under thissection may appeal to the Environmental Commissionagainst such decision in accordance with the provisionsof section 90.

50. (1) Where—(a) the National Planning Authority or a

planning authority is of the opinion thatany development is unlikely to becompleted within a reasonable period; and

(b) permission to develop land in respect of thatdevelopment was granted subject to acondition requiring the development tocommence before the expiration of a certainperiod (whether such condition wasimposed by virtue of this Act or otherwise),

the National Planning Authority or a planningauthority may, after having taken into considerationsuch matters as it thinks proper, serve a provisionaldevelopment completion notice stating that thepermission to develop land shall cease to have effect atthe end of such further period (not less than one yearfrom the date of the notice) as is specified in the notice.

Developmentcompletion notice


(2) A provisional development completion noticeshall be served on the owner and occupier of the land towhich the notice relates and upon any other personknown to the National Planning Authority or a planningauthority to be a person with an interest in the land.

(3) A person on whom a provisional developmentcompletion notice has been served may, within onemonth of such service, make representations to theNational Planning Authority.

(4) The National Planning Authority may, aftertaking into account any representations made undersubsection (3)—

(a) confirm the notice without variation;(b) confirm the notice with variation by

substituting a longer period; or(c) cancel the notice.

(5) A provisional development completion noticethat is confirmed with or without variation shall, fromthe date of such confirmation, become a developmentcompletion notice and shall take effect from the date ofthe confirmation.

(6) Permission to develop land to which aprovisional development completion notice relates shall,at the expiration of the period specified in such notice,cease to have effect.

(7) The National Planning Authority shall considerany representations made by any person on whom theprovisional development completion notice was servedand may withdraw the provisional developmentcompletion notice at any time before the end of theperiod specified in such notice for completion of thedevelopment.

(8) This section does not apply to permission forany development of land that relates solely to theerection or enlargement of a single-family dwelling.


51. (1) In this section, the steps required to be taken inorder to prevent or remedy a breach of planning controlinclude—

(a) applying for permission to develop land;(b) discontinuing unauthorized use or

development commenced on the land;(c) requiring activity on the land to cease,

except to the extent specified in a noticereferred to in subsection (2);

(d) restoring (including re-vegetating) land toits state before the use or development thatconstitutes the breach of planning controloccurred;

(e) making the development comply with theterms or conditions of any permission todevelop land granted in respect of the land,including any condition requiring alterationor partial or total demolition of any buildingor work;

(f) removing any unauthorised marks ofidentification in, on, or over the land whichhave as their purpose the identification ofa boundary in any subdivision thatconstitutes a breach of planning control;

(g) removing or alleviating any damage to theland or to the amenities of the area causedby the development, including—

(i) carrying out on the land anybuilding or other operations toalleviate the effects of the breach ofplanning control;

(ii) removing any waste deposited inbreach of planning control anddepositing such waste in anauthorised place of deposit; and

Enforcement ofplanning control


(iii) covering and altering the contoursof any waste deposited in breach ofplanning control; and

(h) preventing or mitigating damage caused orlikely to be caused to the environment or toany plants or animals found in, on, under orabout the land on which the developmentwas carried out.

(2) Where the National Planning Authority or aplanning authority is satisfied that a breach of planningcontrol has occurred, the National Planning Authorityor a planning authority may, within four years of thebreach and in addition to any other remedy providedunder this Act, cause—

(a) a compliance notice; or(b) where the circumstances described in

subsection (6) exist, an immediatecompliance order,

to be served specifying steps required to be taken inorder to prevent or remedy the breach.

(3) A compliance notice may be served on—(a) the owner of land in respect of which a

breach of planning control exists;(b) a person in occupation, possession or control

of the land; and(c) any other person engaged in any activity on

the land, whether or not such person has aninterest in the land.

(4) A compliance notice shall specify—(a) the matters alleged to constitute breach of

planning control;(b) the steps required to be taken in order to

prevent or remedy the breach;(c) a period of not less than twenty-eight days

from the date the notice is served withinwhich the steps referred to in paragraph (b)


are to be taken, and different periods maybe specified for different steps; and

(d) any opportunities for the person on whomthe notice is served to appeal the notice.

(5) Where a compliance notice is served on aperson mentioned in subsection (3)(c), the notice shall bedeemed to be served on the owner of the land.

(6) An immediate compliance order may be servedwhere the National Planning Authority or a planningauthority has reason to believe that, as of the date of theorder—

(a) construction, demolition, or any materialchange to a building, or any materialchange in the use of any building or land isoccurring or has occurred without orcontrary to any permission to develop landunder this Act or the former Act;

(b) preparation for any activity referred to inparagraph (a) is occurring or has occurred;or

(c) a breach of planning control exists and,notwithstanding the date when such breachbegan, the National Planning Authority orplanning authority reasonably believes thatthe breach—

(i) if not immediately stopped orrectified, may constitute a dangeror a serious risk of danger to thepublic or to the life or health of anyperson; or

(ii) is causing substantial degradationof land subject to developmentcontrol or surrounding areas ormay cause serious risk ofsubstantial degradation of landsubject to development control orsurrounding areas.


(7) The provisions of subsections (3) and (4) applymutatis mutandis to an immediate compliance order asthey apply to a compliance notice, except that aminimum period of twenty-eight days need not beallowed for compliance with terms of an immediatecompliance order.

(8) A person on whom an immediate complianceorder or a compliance notice is served may appeal to theEnvironmental Commission from such order or notice inaccordance with the provisions of section 90.

(9) An appeal to the Environmental Commissionreferred to in subsection (8) shall not stay the operationof a compliance notice or an immediate complianceorder, but the Environmental Commission may grantsuch interlocutory relief as it thinks fit pending thedetermination of the appeal.

(10) A compliance notice or immediate complianceorder shall be in the prescribed form.

52. The National Planning Authority or a planningauthority may at any time withdraw or modify acompliance notice or immediate compliance order butwithout prejudice to the power of the National PlanningAuthority or planning authority to issue a further noticeor order in respect of the same breach of planningcontrol.

53. (1) If, within the period specified in a compliancenotice, an immediate compliance order or a developmentrepair order or within such extended period as theNational Planning Authority or a planning authoritymay allow, any steps required by such notice or orderhave not been taken, the National Planning Authorityor a planning authority may—

(a) after obtaining a warrant issued by theEnvironmental Commission, enter on theland and take the required steps, and may,in proceedings before the EnvironmentalCommission, recover as a debt from the

Withdrawal ormodification ofcompliance notice orimmediatecompliance order

Supplementaryprovisions as toenforcement


owner of the land and from any otherperson who is responsible for the breach ofplanning control or for the actions resultingin the compliance notice, the immediatecompliance order or development repairorder, any expenses reasonably incurred bythe National Planning Authority or aplanning authority through such entry andtaking of required steps; or

(b) apply ex parte to the EnvironmentalCommission for an order to enforce thecompliance notice, the immediatecompliance order or the development orderand the Environmental Commission maymake such order as it thinks fit.

(2) No person who is referred to in subsection (1) orwhose predecessor in title was entitled to appeal to theEnvironmental Commission under section 51(8) butfailed to do so shall be entitled, in proceedings undersubsection (1) to dispute the validity of the action takenby the National Planning Authority or a planningauthority upon any ground that could have been raisedin any such appeal.

(3) A debt which may be recovered undersubsection (1) shall be a charge on the land.

54. Notwithstanding section 53, where a compliancenotice or an immediate compliance order has beenserved on any person and, within the period specified inthe compliance notice or immediate compliance order orwithin such extended period as the National PlanningAuthority or the planning authority may allow, anysteps required by the compliance notice or immediatecompliance order to be taken have not been taken, thatperson commits an offence and is liable on summaryconviction to a fine of one hundred thousand dollars andsix months imprisonment, and in the case of a

Offences againstcompliance noticesand immediatecompliance orders


continuing offence, to a further fine of ten thousanddollars for each day after the first day during whichsuch offence continues.

55. Notwithstanding any other law, any conveyance,transfer, agreement, vesting order or transfer of land bywill, gift, plan of survey, lease for a term of more thanthree years (including any period contemplated by anyoption or right of renewal), mortgage, or any otherinstrument that purports to subdivide land shall notconstitute a subdivision of the land unless permission todevelop land by so subdividing it is obtained.

56. When permission to develop land has beengranted for the subdivision of land and a plan ofsubdivision has been registered in accordance with suchpermission, land that is shown as the whole of a lot orblock on that plan of subdivision may be lawfullyconveyed, notwithstanding that the permission todevelop land upon which the plan was based hasexpired.

57. (1) Notwithstanding any other provision of thisAct, where a development hazard exists (and whether ornot the National Planning Authority or a planningauthority has caused a compliance notice or immediatecompliance order to be issued), the National PlanningAuthority or a planning authority may at any timeissue an order (hereinafter referred to as a“development repair order”) directed to any of thefollowing persons:

(a) the owner of the land;(b) a person appearing to be in occupation,

possession or control of the land; and(c) any other person carrying on activities on

the land which, in the opinion of theNational Planning Authority or theplanning authority, constitute adevelopment hazard, whether or not theperson has any interest in the land.

Authorisedsubdivision may becontinuednotwithstandingexpiry of permission

Development repairorder

Effect ofunauthorised attemptto subdivide


(2) A copy of the development repair order may beprovided to any mortgagee or other person having aninterest in the land.

(3) Notwithstanding the provisions of any otherwritten law, order, permit, approval or licence, andwithout prejudice to any power of the National PlanningAuthority or a planning authority under section 51, theNational Planning Authority or a planning authoritymay in a development repair order require that theperson to whom the order is directed, immediately orwithin a specified period—

(a) comply with the terms of any relevantpermission to develop land; and

(b) do everything practicable or take suchaction as is specified in the order (whetheron land subject to development orsurrounding areas) in respect of theprevention, elimination or amelioration ofthe development hazard and restoration ofthe land or surrounding areas including—

(i) ceasing or causing the cessation ofany development or activity or useof the land or any part of it;

(ii) removing any waste depositedwithout permission and disposingof such waste in an authorisedplace of disposal; and

(iii) removing any fill or restoring thecontours of land that have beenaltered.

(4) The National Planning Authority or aplanning authority may, in writing, amend or revoke adevelopment repair order.

(5) The National Planning Authority or aplanning authority is not required to provideopportunity to any person to make representationsbefore making a development repair order.


(6) Where a development repair order is served ona person referred to in subsection (1)(b) or (c), the ordershall be deemed to have been served on the owner.

(7) Notwithstanding section 53, where adevelopment repair order has been served on any person and, within the period specified in the development repair order or within such extended period as the National Planning Authority or the planning authority may allow, any steps required by thedevelopment repair order to be taken have not beentaken, that person commits an offence and is liable onsummary conviction to a fine of one hundred thousand dollars and to imprisonment for six monthsand in the case of a continuing offence, to a further fineof ten thousand dollars for each day the offence continues.

(8) A person who in good faith and in a reasonablemanner, complies or attempts to comply with adevelopment repair order and takes or refrains fromtaking any action as required by the order shall not beconvicted of an offence in respect of the action soundertaken or refrained from.

(9) Any person on whom a development repairorder is served may appeal to the EnvironmentalCommission against such order in accordance with theprovisions of section 90.

(10) An appeal to the Environmental Commissionpursuant to subsection (9) shall not stay the operationof a development repair order, but the EnvironmentalCommission may grant such interlocutory relief as itthinks fit pending the determination of the appeal.

58. (1) Compliance with a compliance notice, animmediate compliance order, or a development repairorder does not discharge such notice or order.

(2) After compliance with a compliance notice orimmediate compliance order or development repairorder has been achieved, any person who has notice ofthe notice or order and acts or permits any actioncontrary to its terms commits an offence and is liable on

Continuing efficacy ofcompliance notice


summary conviction to a fine of one hundred thousanddollars and to six months imprisonment and, in the caseof a continuing offence, to a further fine of ten thousanddollars for each day the offence continues.

59. (1) Where it appears to the National PlanningAuthority or a planning authority that the use of landshould be discontinued, or that any conditions should beimposed on the continuance of any use of land, in theinterest of proper planning of an area (includingthe interest of the environment, public health, safety orthe abatement of nuisance) having regard to thedevelopment plan and to other material considerations,the National Planning Authority or a planningauthority may issue an order (hereinafter referred to as“a discontinuance order”) requiring the discontinuanceof such use, or imposing such conditions on itscontinuance.

(2) A discontinuance order may grant permissionfor development of the land to which the order relates,subject to any conditions specified in the order, and theprovisions of section 49 shall apply in relation topermission granted by a discontinuance order as theyapply in relation to permission granted on anapplication made pursuant to section 32.

(3) A discontinuance order shall take effect onlyupon confirmation by the Minister without or subject tosuch modifications as he considers expedient.

(4) When the National Planning Authority or aplanning authority submits a discontinuance order tothe Minister for confirmation under this section, theNational Planning Authority or a planning authorityshall serve notice on the owner and occupier of the landto which the order relates, and on any other person who,in their opinion, will be affected by the order; and ifwithin the period specified in the order (not being lessthan twenty-eight days after service of the order) anyperson so served requests in writing, the Minister,before confirming the order, shall afford to that personan opportunity of appearing before, and being heard bya person appointed by the Minister for that purpose.

Discontinuanceorders


(5) Where a discontinuance order is confirmed bythe Minister—

(a) the National Planning Authority or aplanning authority shall serve a copy of theorder on the owner and occupier of the landto which the order relates and on any otherperson who will be affected by the order;and

(b) the person may, within six months after hewas served with the order, submit to theNational Planning Authority or theplanning authority issuing the order aclaim for compensation in respect of—

(i) depreciation in the value of hisinterest in the land;

(ii) disturbance of his enjoyment of theland; and

(iii) expenses reasonably incurred byhim in complying with the order,

insofar as the order relates to discontinuance of anylawful use or activity.

(6) Compensation payable under this section shall,in default of determination by agreement, bedetermined by the Environmental Commission on anapplication made by any party and upon proof to thesatisfaction of the Environmental Commission thatcompensation is payable under this section.

(7) Nothing in this section affects the right of theState to compulsorily acquire land under the LandAcquisition Act.

60. (1) Where—(a) the National Planning Authority is of the

opinion; or(b) a representation has been made to the

National Planning Authority by aplanning authority or by a body of personswithin the meaning of subsection (13),

Protection of trees


that a tree or woodland should, in the interests ofamenity or the proper development or conservation ofland, be preserved, the National Planning Authoritymay make and serve on the owner and occupier of theland an interim tree preservation order.

(2) An interim tree preservation order shall—(a) identify the tree or woodland to which it

relates;(b) describe the effects of the interim tree

preservation order and the date on which itcomes into effect; and

(c) invite the owner, occupier and any otherperson with an interest in the land on whichthe tree or woodland is situated to makerepresentations to the National PlanningAuthority within twenty-one days of theservice of the interim tree preservationorder.

(3) Where an interim tree preservation order hasbeen made in respect of a tree or woodland, and for solong as it continues in force, no cutting down, topping,lopping, digging up or wilful destruction of the tree orwoodland to which the interim tree preservation orderapplies shall be carried out without the permission ofthe National Planning Authority.

(4) An interim tree preservation order shallremain in force for a period of forty-two days and, unlessrenewed, shall expire at the end of that period.

(5) On or before the end of the period of forty-twodays referred to in subsection (4), the National PlanningAuthority may renew an interim tree preservation orderfor one further period not extending forty-two days.

(6) After considering any representations madeunder subsection (2)(c), the National PlanningAuthority may confirm, with or without amendment, orcancel the interim tree preservation order.

(7) An interim tree preservation order shall ceaseto be in force from the date of cancellation thereof.


(8) An interim tree preservation order shall, fromthe date of its confirmation, with or withoutamendment, become a tree preservation order.

(9) A tree preservation order shall be served on theowner and occupier of the land on which the tree orwoodland is located, and shall—

(a) specify the tree or woodland to which itrelates;

(b) state the effects of the order and when itcomes into effect; and

(c) inform the owner and occupier of theopportunities for making an appeal againstthe order.

(10) Where an appeal is made against a treepreservation order, such order shall remain in full forceand effect notwithstanding the making of the appeal.

(11) The provisions of subsection (3) apply to a treepreservation order.

(12) No interim tree preservation order or treepreservation order made under this section applies tothe cutting, topping or lopping of trees that are dying ordead or have become dangerous, or the cutting, toppingor lopping of any trees in compliance with any obligationimposed by, or under any written law or, so far as maybe necessary, for the prevention or abatement of anuisance.

(13) In subsection (1), “a body of persons” means abody of persons, regardless of whether it is incorporatedor not, which in the opinion of the National PlanningAuthority is knowledgeable about and interested inenvironmental matters.


PART VILAND DEVELOPMENT AND BUILDING CODES AND PERMITS

61. (1) The Minister may make regulations providingfor a building code for Trinidad and Tobago consisting ofsuch engineering, design and public health standardsapplicable to the construction of buildings as appeardesirable for the structural and fire safety of buildingsand the safety, health and general welfare of personswithin or in the vicinity of buildings.

(2) Except as provided in subsection (3)(a), thebuilding regulations shall govern any new constructionof buildings and new additions to buildings, but shallnot be applied to existing buildings or parts of buildingsat the time of renovations or alterations, provided thatno such renovation or alteration results in any existingpart of an existing building being further out ofcompliance with the building regulations than was thecase before the alteration or renovation wasundertaken.

(3) The Minister may make regulations providingfor—

(a) codes of retrofit standards designed toprovide acceptable levels of sanitation andsafety from the dangers of fire or otherhazards for any class of existing building,which standards may require alterations orrenovations to be made to such buildings inorder to achieve compliance, and mayprescribe periods within which buildings ofany class are required to be brought intoconformity to such standards;

(b) administrative procedures for securingapprovals and timely provision of utilityservices, and infrastructure in relation tothe subdivision of land;

(c) codes, standards and practices in relation toinfrastructure and engineering worksspecifying acceptable design criteria for thedevelopment of land, including—

(i) site preparation;

Building regulations


(ii) building construction; or(iii) landscaping and re-vegetation,

with the aim of conserving, maintaining orestablishing soil, vegetation cover anddesirable hydrological regimes; and

(d) such other codes as may be required forsafety.

(4) Regulations under this section may adopt byreference with necessary changes, any code, standard orpractice set by any appropriate association or body.

(5) For the purposes of this Part, “alteration”

includes, in relation to a building or structure, a changewhich may affect its structural or safety properties or itscharacter, or a material change to its externalappearance.

62. (1) A planning authority may, with the approval ofthe National Planning Authority authorise in writing asuitably qualified officer of the planning authority toexercise the functions of an inspector under this Part,with respect to a specified area within the jurisdiction ofthat planning authority.

(2) The Chief Building Officer shall approve theprocedure for issuing and the method for authenticatingany permit, notice, or other instrument issued by aninspector.

(3) The exercise of the functions of an inspectorunder this Part shall be subject to a review by the ChiefBuilding Officer under section 70.

(4) The authority granted under subsection (1) toany inspector shall be revocable in writing by theplanning authority and reasons shall be given for therevocation.

(5) Where an inspector is authorised to performthe functions of a planning authority within thejurisdiction, the inspector shall, not later than threedays after he has decided on any application for a

Inspectors


building permit, provide a copy of his decision to theplanning authority or to such committee of the planningauthority as the planning authority, by resolution,appoints.

(6) The decision of any inspector on an applicationreferred to in subsection (5) shall stand automaticallyconfirmed twenty-one days after it was provided to theplanning authority unless, prior thereto, the planningauthority or its designated committee—

(a) makes written objection to the inspector’sdecision stating reasons why the decisiondoes not comply with any buildingrequirements or other applicable law; and

(b) provides the inspector with a copy of suchobjection.

(7) Where a planning authority or its designatedcommittee objects in writing to any decision of aninspector, the decision, the objection and reasons for itshall be referred to the Chief Building Officer for reviewunder section 70.

63. (1) No person shall construct, demolish or causeany building to be constructed or demolished, withoutfirst obtaining a permit from the relevant planningauthority.

(2) No person shall develop land or construct orcause a building to be constructed, except in accordancewith the plans, specifications, documents and any otherinformation on the basis of which a permit was issued orany change thereto was authorised.

(3) No person shall make a material change orcause a material change to be made to a plan,specification, document or other information on thebasis of which a permit was issued without first filingdetails of such change and obtaining authorisation for itfrom a planning authority.

64. (1) On an application to a planning authority for apermit, the permit shall be granted except where—

(a) the construction or demolition is not inaccordance with the terms and conditions ofany permission for the development of land

Conditions governingissuance andrevocation of permits

Building anddemolition permitsrequired


or the building regulations, or wouldcontravene any other written law;

(b) the application for the permit is incomplete;or

(c) any fees due are unpaid.

(2) Where a planning authority issues a permit, itshall return to the applicant one set of the plans,specifications, surveys and other documents filed withthe application for the permit, clearly marked withparticulars of the permit issued, and the applicant shallat all times keep copies of all such documents andother prescribed records at the construction ordemolition site, as the case may be.

(3) A planning authority may revoke a permitwhere—

(a) the permit was issued on the basis ofmaterially false or incorrect information;

(b) two years after the issue of any permit, theconstruction or demolition to which thepermit relates has not, in the opinion of theplanning authority, begun; or

(c) such construction or demolition is, in theopinion of the planning authority,substantially suspended or discontinued fora period of more than one year.

(4) Nothing in subsection (3) prevents areapplication and the issue of a new permit followingany revocation under subsection (3), if the conditionsstated in subsection (1) are satisfied.

65. (1) Upon the completion of any building or otherdevelopment in substantial compliance with the termsof a permit, and upon payment of any prescribed fee, aninspector shall forthwith issue an occupancy certificate.

(2) No person shall occupy a new building orpermit any new building to be occupied unless and untilan occupancy certificate has been issued.

Occupancy certificate


(3) Where part of a building undergoingconstruction can be occupied without endangeringpublic safety, an inspector may issue a temporarycertificate of occupancy for such part, before all workauthorised by the building permit has been completed.

(4) A temporary certificate of occupancy shall—(a) contain such terms and conditions, and be

subject to such limitations as the inspectorconsiders appropriate; and

(b) except where some other period is expresslyspecified, be valid for ninety days from itsdate of issue and may be renewed.

(5) It shall be lawful to occupy any part of abuilding in respect of which a temporary certificate ofoccupancy has been issued, provided that suchoccupancy complies with the terms of the temporarycertificate of occupancy issued under subsection (4).

66. (1) Where any person has contravened anyprovision of this Part or of the building regulations, aninspector may issue a written notice to the personrequiring compliance with such provision and mayrequire that any work be brought into compliance withsuch provision forthwith or within such time as theinspector specifies in the notice.

(2) A notice issued under this section shall containsufficient information to identify the nature of thecontravention and its location in the building or in theconstruction.

(3) Where an inspector issues a notice under thissection, a copy thereof may be affixed to the site of theconstruction or demolition, and the copy shall not beremoved except when authorised by the inspector orChief Building Officer.

(4) Where a notice issued by an inspector underthis section is not complied with within any periodtherein specified, the Chief Building Officer may orderthat all or any part of the construction or demolition, asthe case may be, shall cease, and such order shall beserved on the persons contravening the provisions ofthis Part or the building regulations and such other

Securing compliancewith the buildingregulations


persons affected, as the Chief Building Officer specifies,and a copy of the order shall be posted at the site of theconstruction or demolition and shall not be removedexcept when authorized by the inspector or the ChiefBuilding Officer.

(5) Where an order to cease construction ordemolition is made by the Chief Building Officer undersubsection (4), no person shall perform any act in aid ofthe construction or demolition of the building or otherstructure, other than such work as is necessary tosecure compliance with the notice issued by theinspector under subsection (1).

67. (1) An inspector or the Chief Building Officer mayissue an order prohibiting the covering or enclosing ofany part of a building or other work pending inspection,and where any such order is issued, inspection shall bemade within a reasonable time which shall in no eventexceed two weeks after the person to whom the order isissued gives notice that the part of the building or otherwork is ready for inspection.

(2) Where an inspector has reason to believe thatany part of a building or other work has not beenconstructed in compliance with this Part, and such partof the building or other work has been covered orenclosed contrary to an order made by an inspector orthe Chief Building Officer under subsection (1), theinspector may order any person responsible for theconstruction to uncover the work at his own expense forthe purpose of inspection.

(3) The provisions of subsections (3), (4) and (5) ofsection 66 apply with suitable modifications to an ordermade under this section as they apply to a notice issuedunder section 66.

68. (1) Subject to section 69, an inspector may, at anytime during normal working hours, or while work is inprogress, or whenever an imminent threat to safetyoccurs (whether to human life, property or theenvironment) enter premises without a warrant for thepurpose of inspecting any land, building, work oroperation to determine whether such land, building,work or operation is unsafe.

Order not to cover,enclose or to uncover

Powers respectingunsafe buildings


(2) When an inspector finds that any land,building, work or operation is unsafe, he may serveupon the owner and any person apparently inpossession of the land or building, or in control of thework or operation, a written order specifying reasonswhy it is unsafe and measures the inspector requires tobe taken in order to render it safe, and the order mayrequire that such measures be carried out within suchtime as the order specifies.

(3) When an order made under subsection (2) is notcomplied with within the period specified or, if no timeis specified, within a reasonable time—

(a) the Chief Building Officer may, by order,prohibit the use or occupancy of the land orbuilding or the continuation of the work oroperation and the order shall be served onthe owner, every person apparently inpossession of the land or building or incontrol of the work or operation, and suchother persons as the Chief Building Officerdetermines may be affected by the order;and

(b) a copy of an order under paragraph (a) shallbe posted on the land or building or beprominently displayed at the site of thework or operation, and the copy shall not beremoved except when authorised by theinspector or Chief Building Officer.

(4) Where an order under subsection (2) or (3) ismade in relation to a building and the Chief BuildingOfficer considers it necessary for the safety of thepublic, the Chief Building Officer may cause thebuilding to be renovated, repaired or demolished for thepurpose of removing the unsafe condition or may takesuch other action as he considers necessary for theprotection of the public, and the cost of the renovation,repair, demolition or other action may be recovered fromthe owner of the building and constitutes a chargeagainst the land in priority to any other securedinterest, except rates and taxes payable in respect of theland and building.


69. (1) For the purposes of an inspection undersection 68, an inspector may—

(a) require that drawings or specifications ofany land or building, or work or operation orany part thereof, including any drawingsprescribed by regulations, be produced forinspection and may require informationfrom any person concerning any matterrelating to land, building, work or operationor part thereof;

(b) inspect and make copies or extracts ofdocuments relevant to the land, building,work or operation or part thereof;

(c) be accompanied by any person who hasspecial or expert knowledge of any matter inrelation to the building or part thereof;

(d) alone or in conjunction with a personpossessing special or expert knowledge,make such examinations, tests andinquiries or take such samples orphotographs as are proper for the purposesof the inspection; or

(e) order any person responsible for theconstruction of the building to supply at hisown expense such tests and samples as arespecified in the order.

(2) Where an inspector takes any samplepursuant to subsection (1)(d), a copy of any report on thesample shall be provided to the owner or any personapparently in possession of the land or building or incontrol of the work or operation.

(3) An inspector shall not enter any building orpart thereof in actual use as a dwelling without theconsent of the occupier, except under the authority of awarrant issued under subsection (4).

Powers of inspector


(4) If a Magistrate is satisfied by information onoath that there is reasonable ground for believing that—

(a) any building or part thereof referred to insubsection (3) presents an imminent threatto safety; or

(b) that any work performed or any conditionexisting in such building or part thereofcontravenes the provisions of this Part orthe building regulations,

he may issue a warrant to any inspector named therein.

(5) A warrant issued under subsection (4) shallauthorise the inspector named therein to enter thebuilding or part thereof at any time of any day withinone month from the date thereof, accompanied by aconstable and assistants to inspect the building or partthereof, and exercise any of the powers conferred bysubsection (1) respecting the building or part thereof.

(6) An inspector authorised under subsection (5) toenter any building or part thereof shall, if so required,produce evidence of his authority before so entering andshall not enter the building or part thereof unlesstwenty-four hours notice of the intended entry has beengiven to the occupier.

70. The Chief Building Officer may—(a) review, amend, rescind or confirm any

permit, notice, order or decision issued byan inspector; and

(b) exercise any of the powers and perform anyof the duties of an inspector under this Parton such review.

71. (1) Where there is a dispute with respect to thetechnical requirements of any building regulations, oras to whether there has been sufficient compliance withsuch requirements between the Chief Building Officerand—

(a) any applicant for or holder of a permit; or

Reviews respectingbuilding regulationsand permit matters

Review by ChiefBuilding Officer


(b) any person to whom an order is issuedunder sections 66 to 69,

any party to the dispute may apply to the NationalPlanning Authority for its decisions.

(2) The National Planning Authority maydetermine an application brought under subsection (1)on the basis of written submissions alone, but shall, onthe request in writing by any party to thedispute, provide an opportunity for the parties to makeoral representations.

72. (1) Subject to subsection (2), an application undersection 71, or any request to the Chief Building Officerto review any permit, notice, order or decision undersection 70, does not affect a requirement to comply withthe permit, notice, order or decision, unless the NationalPlanning Authority or the Chief Building Officer waivesthe requirement.

(2) No waiver shall be granted undersubsection (1) if the waiver may, in the opinion of theNational Planning Authority or the Chief BuildingOfficer, result in—

(a) danger to the health or safety of any person;(b) injury, damage or serious risk of injury or

damage to property or to plant or animallife; or

(c) impairment or serious risk of impairment ofthe quality of the environment.

PART VIILISTING OF PROFESSIONALS

73. For purposes of this Part—“agency” means any Ministry, planning

authority, agency or official required to givean approval for, or whose advice mayaffect the authorisation, commencement,implementation, completion or certificationof any development of land;

Interpretation ofwords used inPart VII

Waiver


“approval” means any approval, certificate,permit or licence required to be issuedunder this Act or under any other writtenlaw of general application, without whichany development of land that is permittedunder Part V, cannot lawfully commence orproceed or be completed or used;

“approval submission” means an application foran approval together with such plans,drawings, surveys, maps, diagrams andother information and such fees as anyagency may require in order to issueapproval;

“listed professional” means a registeredprofessional named in a list furnished to theNational Planning Authority in accordancewith section 79;

“mandatory requirement” means therequirement for any approval but does notinclude matters within the discretion of anagency;

“registered professional” means—(a) an architect, registered under the

Architecture Profession Act,established under the Board ofArchitecture;

(b) an engineer, registered under theEngineering Profession Act;

(c) a land surveyor, registered underthe Land Surveyors Act;

(d) an urban and regional planner,registered under the Urban andRegional Planning Profession Act;or

Chap. 90:01

Chap. 58:04

Chap. 90:02


(e) a member of such other professionas may be prescribed;

“professional certificate” means a certificatereferred to in section 83(4), whereby aregistered professional certifies that he—

(a) is listed pursuant to section 79with the National PlanningAuthority and continues to bequalified for such listing;

(b) has discharged the obligationsimposed by section 78 in respect ofthe approval submission;

(c) has personally examined theapproval submission; and

(d) the approval submission complieswith all mandatory requirementsfor approval;

“professional governing body” means in relation to—

(a) architects, the Board ofArchitecture established under theArchitecture Profession Act;

(b) engineers, the Board ofEngineering established under theEngineering Profession Act;

(c) land surveyors, the Land SurveyorBoard of Trinidad and Tobagoestablished under the LandSurveyor Act;

(d) urban and regional planners,established under the Urban andRegional Planning Profession Act,or

(e) any other profession, suchregulating body as may beprescribed;


“simple development application” means anapplication for—

(a) billboards or advertising signs;(b) outline or final planning

permission not requiring aCertificate of EnvironmentalClearance;

(c) change of use, residential orbuilding developments or anyadditions thereto where thecumulative floor area withaddition(s) (if any), does not exceeda gross floor area of 500m2;

(d) land subdivisions includingengineering operations comprisingless than twenty plots, providedthat each plot falls within therange of 465m2 and 800m2

inclusive; and(e) engineering operations as are

prescribed.

74. (1) Except for simple development applications, allapplications for approval submissions shall be—

(a) prepared and submitted to the relevantplanning authority by a registeredprofessional; and

(b) stamped with the name and address of thelisted or registered professional referred toin paragraph (a) and signed by him.

(2) Documents, designs, calculations and likematerial submitted in support of approval submissionsshall be stamped with the name and address of, andsigned by, listed or registered professional responsiblefor preparing such material.

75. A professional governing body shall establish, inrelation to the profession it regulates, minimum levelsof professional competence required for the preparation

Minimum levels ofprofessionalcompetence to be set

Restrictions onsubmission ofcomplex applications


of such categories of approval submissions as may beappropriate, so as to ensure that approval submissionsmeet such standards as the National PlanningAuthority may determine.

76. The National Planning Authority may, afterconsulting with any relevant professional organisation,by Order, fix the minimum amount of any performancebond or other financial guarantee required to beprovided in respect of professional certification ofapproval submissions by a listed professional for all orany categories of applications recognized for thepurposes of section 75.

77. (1) A professional governing body shall, upon theapplication of any member of the profession it regulates,determine whether the applicant satisfies the minimumlevels of professional competence established undersection 75 and issue or withhold certificates ofcompetence accordingly.

(2) A professional governing body shall give to theNational Planning Authority written notice of—

(a) the name and address of any person towhom a certificate of competence has beenissued; and

(b) particulars of the certificate of competenceissued including any limitations orrestrictions to which such certificate issubject.

(3) A certificate of competence issued by aprofessional governing body shall state whether theperson to whom it is issued is competent to certifywhether any approval submission provided in respect ofa proposed development satisfies the mandatoryrequirement of an agency.

78. A listed professional shall—(a) file and maintain with the National

Planning Authority proof of financialresponsibility as evidenced by the posting of

Continuingobligations of listedprofessionals

Fixing quantum ofbond for listedprofessionals

Professionalorganisations togrant certificate ofcompetence


a performance bond, or the provision ofother financial guarantees acceptable to theNational Planning Authority, in an amountsufficient to satisfy his obligations underthis Part or in such amount as may beprescribed;

(b) keep himself informed, on an ongoing basisand for so long as he is listed, with respectto mandatory requirements; and

(c) consult with the relevant agency and itsstaff, and bear in mind the views of theagency in all circumstances where, to theknowledge of the listed professional, anyquestion arises regarding whether themandatory requirements are satisfied.

79. (1) A professional governing body shall, not laterthan 1st March in each year, cause an up-to-date list tobe prepared showing—

(a) the name and address of every member ofthe profession it regulates, who is theholder of a certificate of competence grantedby such professional governing body, andcertifying that the member is competent tocertify whether the approval submissionsatisfies the mandatory requirements of anagency; and

(b) the categories of applications for approval towhich the certificate applies, and anylimitations or restrictions to which thecertificate is subject.

(2) The secretary of each professional governingbody shall send a copy of the list referred to insubsection (1) to the National Planning Authority andcause the list to be published in the Gazette and at leasttwo daily newspapers in circulation in Trinidad andTobago.

Annual lists ofholders of certificatesof competence


(3) The secretary of each professional governingbody shall—

(a) notify the National Planning Authority ofall additions or deletions required to bemade to the list referred to in subsection (1)forthwith; and

(b) cause notice of any addition to, or deletionfrom the list referred to in subsection (1), tobe published in the Gazette and at least twodaily newspapers in circulation in Trinidadand Tobago, within one month of—

(i) the granting of any certificate ofcompetence; or

(ii) the noting in any record of theprofessional governing body of anytermination of the status of alisted professional pursuant tosection 81.

80. The National Planning Authority shall maintain acomprehensive register of all listed professionalsshowing the nature and category of applications forwhich each listed professional was granted a certificateof competence as well as limitations or restrictions towhich such certificate is subject.

81. All rights, privileges or benefits granted a listedprofessional under this Part are terminated upon—

(a) the death of the listed professional, or hisretirement from the profession, or hisceasing to be a member in good standing ora licensee of the professional governingbody which caused his name to be listedwith the National Planning Authority;

(b) a written request from the listedprofessional to the professional governingbody that his name be removed from the listfurnished to the National PlanningAuthority pursuant to section 79;

Register of listedprofessionals

Termination of listing


(c) a decision of the professional governingbody referred to in paragraph (a), afternotice and final hearing, that the listedprofessional has ceased to be qualified to belisted with the National Planning Authorityby reason of—

(i) his lack of knowledge or inabilityto work with prescribedmandatory requirements; or

(ii) his failure to honour anyobligation imposed by section 78;or

(d) the lapse, cancellation or other impairmentof any professional liability insurancecoverage notified to the National PlanningAuthority, or other financial guaranteeprovided pursuant to section 78 for thepurpose of guaranteeing due performance ofthe obligations of the listed professional inaccordance with this Part,

and the professional governing body shall immediatelynotify the National Planning Authority of any suchtermination.

82. (1) Where—

(a) a listed professional fails—

(i) to comply with any prescribedmandatory requirement; or

(ii) to honour any obligation imposedby section 78; or

(b) any other proper cause exists,

and the National Planning Authority considers itappropriate to terminate the approval submissionprivileges accorded under section 83 to the listedprofessional, the National Planning Authority shall by

Removal from listupon complaint


written complaint, copied to the listed professional,request the relevant professional governing body toremove the name of the listed professional from the listmentioned in section 79 or from such part of the list asrelates to some specified category of approvalsubmissions.

(2) The professional governing body shall requirethe listed professional to show cause why his nameshould not be so removed and may institute appropriateinvestigations and convene a hearing in accordance withits disciplinary procedures.

(3) If, after hearing, it is determined that thecomplaint of the National Planning Authority isjustified and the listed professional shows no sufficientreason for deciding otherwise, the professionalgoverning body shall direct that the name of the listedprofessional be removed from the list referred to insection 79.

83. (1) The National Planning Authority may permit alisted professional to undertake distribution of theapproval submission to concerned agencies.

(2) Where a listed professional assumesresponsibility for distribution of any approvalsubmission pursuant to subsection (1), he shall submitall plans and documentation to such agencies, in themanner prescribed in section 74.

(3) Each set of every approval submissionsubmitted to each agency shall have attached thereto asigned professional certificate of the listed professional.

(4) A professional certificate issued pursuantto this Part shall be in the form set out in theThird Schedule.

(5) The National Planning Authority may—(a) undertake the circulation of approval

submissions referred to in subsection (1) inlieu of permitting the listed professional to

Expedition ofcirculation ofapplications

Third Schedule


do so;(b) require the applicant to submit an approval

submission in such electronically readableform as the National Planning Authoritymay specify; and

(c) circulate approval submissions byelectronic means.

84. The National Planning Authority may rely on theprofessional certificate of a listed professional and,where all discretionary requirements associated withany approval submission have been satisfied, may, asthe National Planning Authority considers proper, issueeither preliminary or final approval of the approvalsubmission on the basis of such professional certificate.

85. (1) Where permission to develop land or toconstruct any building has been granted under Part Vand, thirty days after submission of all approvalsubmissions, expert technical review of suchsubmissions has not been completed, the NationalPlanning Authority may, in its discretion, issue abuilding permit in reliance on the professionalcertificate of a listed professional.

(2) A building permit issued under subsection (1),shall show that the building permit is issued in relianceon the professional certificate of the listed professional.

86. (1) Nothing in section 85 diminishes the authorityof the National Planning Authority to require that plansor specifications submitted on any application conformto mandatory standards, or removes any requirementfor final approval of any related work to be evidenced byissuance of an occupancy certificate under section 65 orby such other approval document as may be prescribed.

(2) Notwithstanding that any work was performedin accordance with the terms of a building permit issuedunder section 85, the National Planning Authority maytake all steps necessary to ensure that—

Reliance onprofessionalcertificate

Issuing of buildingpermits in reliance ofprofessionalcertificate

Effect of permitissued undersection 86


(a) plans and specifications filed in connectionwith the related approval submission arerevised or amended so that they conform toprescribed mandatory standards and withany discretionary requirements associatedwith the approval submission and,thereafter, the National PlanningAuthority’s approval of such plans andspecifications shall be signified in writing;and

(b) any work that was performed in reliance onsuch building permit and does not complywith any mandatory standard is alteredand made to conform to the approved plansat the cost of the listed professional.

87. (1) Where permission to develop land has beengranted under Part V, and the applicant is unwilling orunable to satisfy any requirement specified in writingand applies to the National Planning Authority, theNational Planning Authority may require the applicantto—

(a) provide a report on the matter in questionprepared (at the applicant’s expense) by anyprofessional approved by the NationalPlanning Authority; and

(b) furnish a bond or other financial securitysatisfactory to the National PlanningAuthority as assurance that the matter willbe resolved to the National PlanningAuthority’s satisfaction,

and, upon such security having been furnished, theNational Planning Authority may issue a buildingpermit.

(2) Notwithstanding any other written law, apermit issued under subsection (1), confers full legalauthority to carry out the development in accordance

Special buildingpermits issued undersecure arrangements


with the plans, specifications and conditions specified inthe permit.

88. For the purpose of issuing an occupancy certificateor other document signifying its approval of any work,the National Planning Authority may rely on thewritten statement of a listed professional regarding theadequacy of such work and its conformity to the plansand specifications approved for it.

PART VIII

PLANNING AND DEVELOPMENT APPEAL

89. (1) The Environmental Commission shallexercise jurisdiction over appeals from decisions madeby the National Planning Authority under this Act andall appeals shall, subject to this Part, be filed, heard anddetermined in accordance with Part VIII of theEnvironmental Management Act.

(2) An appeal to the Environmental Commissionshall be instituted by filing with the Registrar of theEnvironmental Commission a notice of appeal andserving a copy thereof on the person or body that madethe order, notice or decision objected to, and such noticeshall indicate—

(a) the portion of the order, notice or decision inrespect of which the hearing is requested;

(b) the specific grounds on which the applicantintends to rely; and

(c) the facts on which the appeal is based.

(3) Any applicant for permission to develop land orfor permission to retain or continue any unauthoriseddevelopment or use of land or any person entitled,pursuant to the provisions of section 33(1)(a), to benotified of any such application is entitled to appeal,within twenty-eight days of the date on which notice of

Statementssupporting occupancycertificates

Appeals to theEnvironmentalCommission


the decision objected to was delivered or served,respecting—

(a) any condition subject to which permission todevelop land or to retain or continueunauthorised development or use of landhas been granted; or

(b) any refusal of permission to develop land,or outline development approval, orpermission to retain or continue anyunauthorised development or use of land,

and the Environmental Commission, in making itsdecision, shall take into account those matters referredto in section 35.

(4) Any owner or occupier of land, or any otherpersons with a financial interest in the land is entitledto appeal within twenty-eight days of the date on whichthe order or notice objected to was delivered or served,respecting—

(a) any order to revoke or modify anypermission to develop land, including themodification of any condition to which suchpermission is subject; and

(b) any development completion notice,

on the grounds that the order to revoke or modify thepermission to develop land or the developmentcompletion notice should not, on planning grounds, havebeen made, or that the time provided for completion wasunreasonable in the circumstances, as the case may be.

(5) The Environmental Commission shall, inrespect of every appeal, decide whether objection of anappellant to an order, notice or decision shall be—

(a) allowed in whole or in part and the decisionreversed, varied or withdrawn; or

(b) rejected and the decision confirmed.

(6) Costs awarded by the EnvironmentalCommission against the National Planning Authorityshall be a charge on the Consolidated Fund.


90. (1) Subject to the provisions of this Part, anyperson who is aggrieved by—

(a) a development repair order, a compliancenotice, an immediate compliance order, or atree preservation order; or

(b) any other order made by a planningauthority, the Chief Building Officer or aninspector,

may appeal to the Environmental Commission.

(2) An appeal under this section shall be madewithin twenty-eight days of the service of the order ornotice.

(3) Any appeal under subsection (1)(a) may bebased on one or more of the following grounds:

(a) that factual matters are not as alleged orimplied in the order or notice;

(b) that the matters alleged in the order ornotice do not constitute breach of planningcontrol; and

(c) that on planning grounds—(i) the steps required to be taken by

the order or notice exceed what isreasonably required to remedy anybreach of planning control; or

(ii) the period specified for effectingcompliance with the order or noticefalls short of what shouldreasonably be allowed.

(4) The Environmental Commission shall decidewhether the order or notice under appeal should beconfirmed, altered or revoked.

Appeals againstdevelopment repairorder, compliancenotice or immediatecompliance order, ora tree preservationorder


(5) An appeal under this section shall not stay theoperation of a development repair order, but theEnvironmental Commission may grant suchinterlocutory relief as it thinks fit pending thedetermination of the appeal.

91. (1) The Environmental Commission may extendthe period during which a person is permitted to givenotice of appeal, where, in the opinion of theEnvironmental Commission, it is just to do so becauseservice of the order, notice, decision or otherdetermination, as the case may be, on the person(through no fault of the person) did not in thecircumstances give the person actual notice of suchorder, notice, decision or other determination, or on anyother ground that appears just.

(2) Any defect, informality or error in any order,notice, decision or other determination may be correctedif the correction can be made without substantialinjustice to the appellant, and where an appellantalleges any such defect, informality or error, theEnvironmental Commission shall note the allegationand determine whether to make such correction.

(3) The procedures of the EnvironmentalCommission may be informal and where an appeal hasbeen made to the Environmental Commission, theEnvironmental Commission may—

(a) require the appellant to provide, at theexpense of the appellant, notice of theappeal to persons owning or occupyinglands in the vicinity of the land to which theappeal relates by publication in at least twodaily newspapers in circulation in Trinidadand Tobago or in any other manner;

(b) allow any person interested in the matterwhich is the subject of the appeal, includingbut not limited to any owner or occupier of

Manner of hearingappeal


neighbouring land, to give evidence beforethe Environmental Commission makes anydecision; and

(c) inquire into any matter and receive anycomplaint as the EnvironmentalCommission in its discretion deemsappropriate, but nothing in this sectionshall prevent the EnvironmentalCommission from conducting a hearing onany matter, as it sees fit.

(4) On the hearing of an appeal by theEnvironmental Commission, except with leave of theEnvironmental Commission, an appellant is not entitledto challenge any portion of the order, notice, decision orother determination appealed against nor to rely on anyground not stated in the notice of appeal.

(5) The filing of a notice of appeal shall not stay thecarrying out of the provisions of a development repairorder or immediate compliance order or anyrequirement specified in any other order, notice,decision or other determination, or any requirementthat the development of land cease, but, subject tosubsection (8), the Environmental Commission mayorder a stay upon appropriate terms.

(6) In the case of a stay granted on the grounds setout in section 90(3)(a), the hearing of the appeal may beadjourned until the disposition of an application undersection 46 to retain or continue unauthoriseddevelopment or use of land.

(7) Notwithstanding subsection (6), no stay may begranted by the Environmental Commission in respect ofan immediate compliance order or a development repairorder, or any other order, notice, decision or otherdetermination if such stay might result in—

(a) danger to the health or safety of any person;


(b) impairment or serious risk of impairment tothe quality of the environment for any usethat can be made of it; or

(c) injury, damage or serious risk of injury ordamage to any property or to plant oranimal life.

92. (1) The Environmental Commission may order thepayment of compensation as it thinks fit to anyappellant who has been successful or partiallysuccessful in an appeal against an immediatecompliance order, a compliance notice or a developmentrepair order.

(2) In considering whether compensation ought tobe paid, the Environmental Commission shalldetermine whether—

(a) any development hazard existed or wasreasonably believed to exist at the time thata development repair order was issued;

(b) the requirements stated in a developmentrepair order exceeded what was reasonablynecessary to prevent or limit thedevelopment hazard or restore theenvironment;

(c) reasonable grounds existed for the issue ofthe compliance notice or immediatecompliance order; or

(d) the requirements stated in the compliancenotice or immediate compliance order werereasonable, having regard to the provisionsof this Act prescribing the circumstances inwhich any such order or notice may beissued.

Compensation forimmediatecompliance order orcompliance notice


(3) Where the Environmental Commissiondetermines that—

(a) no development hazard existed or couldreasonably have been believed to exist atthe time the development repair order wasissued;

(b) the requirements of the development repairorder exceeded what was reasonablynecessary to prevent or limit thedevelopment hazard or to restore theenvironment; or

(c) there were no reasonable grounds for theissue of the compliance notice or immediatecompliance order or, having regard for theprovisions of this Act prescribing thecircumstances in which any such order maybe issued and the facts found by theEnvironmental Commission on therequirements stated therein wereunreasonable,

the Environmental Commission may decide whethercompensation should be paid to the applicant and theextent of any such compensation.

(4) Notwithstanding subsection (3), compensationshall not be awarded by the Environmental Commissionwhere, in the opinion of the Environmental Commission,the issue of the development repair order or immediatecompliance order and the measures required therebywere reasonable on the basis of the information available to the National Planning Authority at thetime, regardless of whether subsequent information andevents might have led the National Planning Authorityto a contrary conclusion.


93. In assessing the amount of any compensation, theEnvironmental Commission shall have regard to—

(a) the measures and costs that the applicantor the applicant’s successors mayreasonably be expected to take or incurduring the development for the purposes ofcomplying with planning controls orpreventing or eliminating any developmenthazard for future inhabitants of thedevelopment or the vicinity of thedevelopment; and

(b) any benefits or savings in costs which mayaccrue to the applicant or the applicant’ssuccessors as a result of any measuresactually undertaken, without regard towhether the requirement for such measuresis found by the Environmental Commissionto have been justified.

94. (1) The National Planning Authority shall, in thecontext of appeals of planning decisions, take note ofany trends or recurring situations, and, at least once ayear, the National Planning Authority shall report tothe Minister thereon and on the volume and progress ofits work, and in such report the National PlanningAuthority may recommend the review and modificationof any development plan or policy, as it sees fit.

(2) The Minister shall lay the report in Parliamentas soon as practicable after the receipt of the reportfrom the National Planning Authority under subsection (1).

PART IX

OFFENCES AND PENALTIES

95. (1) Any person who—(a) assaults, molests, resists, obstructs,

threatens, intimidates, hinders or

Offences

Costs or benefitsconsidered inawardingcompensation to theappellant

National PlanningAuthority to reporton trends


interferes with any officer or other personacting under the authority of this Act;

(b) uses obscene, indecent or profanelanguage to the annoyance of any officer orother person acting under the authority ofthis Act;

(c) wilfully destroys or defaces—(i) any official notice or any notice

displayed pursuant to this Act(including any device or structurefor the purpose of exhibiting thenotice) on, or attached to, any building or other land; or

(ii) any document, permit, drawing,plan, survey, map or other recordrequired under this Act to bemaintained;

(d) wilfully and without lawful excuserefuses to produce any document, permit,drawing, plan, survey, map or other recordrequired to be maintained under this Actwhen required to be produced by any officeror other person acting under the authorityof this Act;

(e) in any application, statement, return ofinformation, or notice submitted pursuantto the provisions of this Act, knowinglysupplies false information, or informationthat is incomplete in any materialparticular so as to be misleading;

(f) intentionally or recklessly fails todisplay or maintain any notice required tobe displayed or maintained in accordancewith this Act;


(g) fails to comply with the provisions of anycompliance notice or immediate complianceorder or causes or permits anycontravention of such order or notice tooccur or continue;

(h) fails to comply with the provisions of anydevelopment repair order or causes orpermits a contravention of the order tooccur or continue;

(i) fails to comply with any order made bythe Chief Building Officer or an inspectorunder Part VI; or

(j) contravenes any provision of this Act forbreach of which no other penalty isprescribed,

commits an offence and is liable on summary convictionto a fine of twenty thousand dollars and toimprisonment for six months, and any director or officerof a corporation who knowingly concurs in thecommission of the offence by such corporation alsocommits the offence and is liable to the same penalties.

96. (1) Any person who by offer of any gratuity, bribe,promise or other inducement, prevents or influences, orattempts to prevent or influence, the due performance ofthe duty of any officer or other person acting under theauthority of this Act commits an offence and is liable onconviction on indictment to a fine of two hundred andfifty thousand dollars and to imprisonment for fiveyears.

(2) An officer or other person acting under theauthority of this Act who corruptly accepts or obtains, oragrees to accept or attempts to obtain, any gratuity,bribe, reward, consideration or advantage as aninducement or reward for doing or forbearing to doanything in respect of the performance of his duties

Bribery


under this Act commits an offence and is liable onconviction on indictment to a fine of two hundred andfifty thousand dollars and to imprisonment for fiveyears.

(3) Where any offence under this Act is acontinuing offence, except as is otherwise specified, anyperson who commits the offence is liable on conviction tothe fine prescribed for that offence for each day or partof a day on which the offence occurs or continues.

97. (1) Any proceedings for a summary offence againstthis Act shall be commenced not more than one yearafter the later of—

(a) the day on which the offence wascommitted; or

(b) the day on which evidence of the offencefirst came to the attention of the NationalPlanning Authority, any planningauthority, the Director of Planning, or theChief Building Officer.

(2) Nothing in this section prevents the NationalPlanning Authority or any planning authority fromproceeding at any time—

(a) to secure compliance under section 51(6)(c);or

(b) to remove or abate a development hazardunder section 57.

98. In any prosecution for an offence under this Act, acopy of any decision, order, direction, notice or otherdocument purporting to have been made under this Actand purporting to have been signed by the personauthorised by this Act to issue such decision, order,direction, notice or other document shall be receivedinto evidence without proof of the signature or

Commencement ofproceedings

Evidence


authority of the person by whom it is purportedlysigned, subject to any evidence to the contrary.

PART X

SUPPLEMENTAL

99. (1) Any person duly authorised in writing by theMinister or the National Planning Authority, and anyinspector or the Chief Building Officer exercisingpowers under section 67 or 70 may, at any reasonabletime, enter upon any land for the purpose of inspectingor surveying such land or estimating its value, inconnection with—

(a) preparation, approval or amendment of adevelopment plan including the preparationof any survey under Part IV;

(b) application under Part V for anypermission, consent or determination to begiven or made in relation to that land or anyother land to which Part V applies;

(c) proposal by the Minister, the NationalPlanning Authority, or a planning authorityto make or serve any notice or order underPart V;

(d) any claim for compensation payable underthis Act; or

(e) requirement for acquisition of land underthis Act,

and may require any documents relevant to theapplication to the National Planning Authority or aplanning authority.

(2) A person authorized under this section toenter upon any land shall, before so entering, produceevidence of his authority, if required, and shall notdemand admission to any land that is occupied unless

Powers of entry


forty-eight hours advanced written notice of theintended entry has been given to the occupier.

(3) Any person who wilfully obstructs a personacting in the exercise of the powers conferred by thissection is liable on summary conviction to a fine of tenthousand dollars.

(4) Any person who in compliance with theprovisions of this section enters a factory, workshop orwork place and subsequently discloses to any personany confidential information respecting anymanufacturing process or trade secret thereby obtained,commits an offence and is liable on summary convictionto a fine of twenty thousand dollars or to imprisonmentfor a term of three months, unless the disclosure ismade in the course of performing a duty connected withsuch entry.

(5) Where any land is damaged in the exercise ofa power of entry conferred by this section, or in themaking of any survey for the purpose of which any suchpower of entry has been conferred, compensation inrespect of that damage may be recovered from the Stateunder the State Liability and Proceedings Act.

(6) Any power to survey land conferred by thissection includes the power to search and bore for thepurpose of ascertaining the nature of the subsoil or thepresence of minerals.

(7) No person shall perform any works specifiedin subsection (6) unless notice of intention to do so wasincluded in the notice required by subsection (2).

100. Subject to this section, any order, notice or otherdocument required or authorised to be served, given ordelivered under this Act may be served, given ordelivered—

Chap. 8:01

Service of notice


(a) by personally delivering it to the person on,or to whom it is to be served, given ordelivered;

(b) by leaving it at the usual or last knownplace of abode of that person, or, in a case inwhich an address for service has beenfurnished by that person, at that address;

(c) by sending it by prepaid registered postaddressed to the person at that person’susual or last known place of abode, or, in acase in which an address for service hasbeen furnished by the person, at thataddress;

(d) in the case of a body corporate, by deliveringit to the secretary or clerk of the bodycorporate at the registered or principaloffice of the body corporate, or by sending itby prepaid registered post addressed to thesecretary or clerk of the body corporate atthat office; or

(e) by a facsimile transmission or data messagethat provides confirmation of receipt.

101. (1) Where the order, notice or document isrequired or authorised to be served on any personhaving an interest in land or premises, and the name ofthat person cannot be ascertained after reasonableinquiry, or where the order, notice or document isrequired or authorised to be served on any person whois an occupier of premises, the order, notice or documentshall be deemed to be duly served if—

(a) it is addressed to the person either by nameor by the description “the owner of” or “theoccupier of ” or “any person having aninterest in”, as the case may be, of the land

Service of noticewhere person cannotbe found


or premises, which land or premises shall bedescribed, and it is delivered or sent in themanner prescribed by section 100(a), (b) or(c); or

(b) it is addressed to the person as specifiedin paragraph (a), and it is affixedconspicuously to some object on the land orpremises.

(2) In any case where an order has been served, anotice has been given, or any document has beendelivered by means other than personal delivery,notwithstanding any other written law, it shall bedeemed to have been served, given, or delivered sevendays after it was left, mailed or affixed, as the case maybe, or if it was sent by facsimile, on the day after it wasso sent.

102. Where any person is subject to penalties forfailure to do or delay in doing anything specified in anyorder, notice or document, and the order was served, thenotice was given or the document was delivered bymeans other than personal delivery, in any proceedingsto recover the penalty from that person, the person mayoffer evidence with respect to the date or time when theorder, notice or document actually came into hispossession or, if it never came into his possession, thetime when actual notice of such requirement wasreceived by him is admissible by the Court in suchproceedings.

103. (1) For the purpose of making or serving anyorder, notice or other document authorised or requiredto be served by this Act, the Minister, the NationalPlanning Authority, or a planning authority mayrequire the occupier of any land or premises or anyperson who either directly or indirectly receives rent inrespect of such premises, to state in writing withinfourteen days—

(a) the nature of his interest in the land orpremises, and the name and address of any

Evidence of the dateor time of receipt oforder, notice ordocument

Authority to demandinformation


other person known to him as having aninterest therein whether as owner offreehold interest, mortgagee, lessee orotherwise; and

(b) the nature of any activities conducted onthe land or premises, the date when theactivities commenced, and whetherpermission to develop land was granted inrespect of such activities.

(2) Any person who, having been required underthis section to give any information, fails, withoutlawful excuse, to give such information, or givesinformation which he knows or ought reasonably toknow is false, commits an offence and is liable onsummary conviction to a fine of ten thousand dollars.

104. (1) For the purpose of carrying out any functionsrequired or permitted to be performed under this Act,the Minister, the National Planning Authority, or aplanning authority may, at any reasonable time subjectto subsection (2), inspect any document, plan or otherrecord relating to any land (including adjacent andcontiguous land) and make copies of such document,plan or other record.

(2) The Minister, the National PlanningAuthority or a planning authority shall give not lessthan seven days notice in writing to the person inpossession of the document, plan or other record, of theintended inspection and shall, so far as practicable,specify in the notice the nature and purpose of theinspection.

(3) Any person who was given notice pursuant tosubsection (2), and, without reasonable cause, fails toproduce for inspection any document, plan or otherrecord specified in the notice, commits an offence and isliable on summary conviction to a fine of ten thousanddollars.

Inspection ofdocuments


105. (1) The Minister may make grants to anylocal organization or body that appears to him to beactively engaged in encouraging citizens of Trinidad andTobago to understand and value, or to take active stepsto protect and conserve the built and naturalenvironment, for the purpose of assisting suchorganization or body in its work or in the provision ofprogrammes referred to in subclause (3)(e) of theSecond Schedule.

(2) The Minister shall, as a condition of makingany grant under subsection (1), require the organizationor body which is to receive the grant to—

(a) prepare a proposal and a budget to showhow the organization or body intends tospend the grant; and

(b) submit accounts at the end of the year inwhich the grant was made and annuallythereafter, showing how the grant wasspent.

(3) Where an organization or body in receipt of agrant subject to the conditions specified in subsection (2)fails to comply with those conditions, the Minister mayrequire the organization or body to repay the grant inwhole or in part.

106. (1) A planning authority shall establish andmaintain a register of all compliance notices, immediatecompliance orders, development repair orders,discontinuance orders and tree preservation ordersissued by it and shall forward a copy of any such noticeor order to the National Planning Authority.

(2) The National Planning Authority shallestablish and maintain a register of all compliancenotices, immediate compliance orders, developmentrepair orders, discontinuance orders and treepreservation orders issued under this Act.

Promotion of publicawareness

Register of noticesand orders


107. (1) The Minister may make regulations for anypurpose for which regulations are authorised orrequired to be made under this Act and, in particularwith respect to—

(a) the form, size and contents of any notice,order or other documents authorised orrequired by this Act to be made, issued,served or displayed;

(b) the preparation and content of developmentplans;

(c) the making of applications for permission todevelop land and outline applications,including the materials to be submittedwith such applications and the fees payablein relation thereto;

(d) activities that may be carried on in areas ofspecial interest;

(e) the subdivision and reparcellation of land;(f) outdoor advertising;

(g) payment of a fee and prescribing theamount of the fee with respect to any actionrequired or authorised under this Act;

(h) the facts and circumstances whichconstitute a material change of use withinthe meaning of section 35(2);

(i) immediate compliance orders, compliancenotices and development repair orders;

(j) activities which can constitute engineeringoperations;

(k) any document, permit, drawing, plan,survey, map or other record used for any

Power to makeregulations


purpose under this Act to be maintained byany person in possession thereof for suchperiod as may be specified;

(l) procedures to be followed for thedevelopment control committee;

(m) prescribing the time-frame for determiningapplications for the development of land;

(n) a coastal zone policy, a national spatial datainfrastructure and a land informationsystem;

(o) the hearing of any representations orobjections under this Act; and

(p) any other matter required to be prescribedunder this Act.

(2) Any Regulation made under this Act mayprovide for the imposition of a fine of up to one milliondollars for the contravention of the provision of theRegulations.

(3) Regulations made under this Act shall besubject to negative resolution of Parliament.

108. (1) Where the circumstances set out insection 51(6) exist or the National Planning Authorityor any planning authority is of the opinion that it isappropriate in lieu of, or in addition to issuing animmediate compliance order, the National PlanningAuthority or planning authority, as the case may be,may, on application to the Environmental Commission,obtain an ex parte restraining order or other temporaryor permanent injunctive or equitable relief to remedy orprevent any breach or further breach of planningcontrol.

(2) Where a development hazard exists or mayoccur, or the National Planning Authority is of the

Injunctions andprohibition orders


opinion that it is proper, in addition to, or instead ofissuing a development repair order, the NationalPlanning Authority may, on application to theEnvironmental Commission, obtain an ex parterestraining order or other temporary or permanentinjunctive or other equitable relief to prevent anyactivity by any person in order to avert or ameliorateany development hazard or restore the environment.

109. For the removal of doubt, it is hereby declaredthat this Act and any restrictions or powers herebyimposed or conferred in relation to land, apply and maybe exercised in relation to any land notwithstandingthat provision for authorising or regulating anydevelopment of the land is made by any written law inforce at the time this Act comes into operation.

110. The written laws mentioned in the First Columnof the Fourth Schedule are amended in the mannerindicated in the Second Column thereof.

111. Where outline planning permission was grantedor is deemed to have been granted under the former Act,it shall, unless such outline planning permissionprovides otherwise, be deemed to have been grantedsubject to the condition that application for approval ofany matter reserved for subsequent approval shall bemade not later than the end of one year from thecommencement of this Act.

112. (1) The Town and Country Planning Act ishereby repealed.

(2) Notwithstanding subsection (1), on thecoming into force of this section, the Town and CountryPlanning (Chaguaramas) Development Order madeunder the former Act shall, mutatis mutandis, continuein force and may be amended or repealed undersection 31.

Savings re:applications forcertain approvals

Repeal and savingsChap. 35:01

Application of Act toland regulated bywritten laws


ConsequentialamendmentsFourth Schedule

(3) Notwithstanding subsection (1), on thecommencement of this section, legal proceedingsinstituted by, or against the State under the former Actshall be continued and concluded by the State as if thisAct had not come into force.

113. This Act binds the State.

FIRST SCHEDULE(Section 6)

THE NATIONAL PLANNING AUTHORITY

1. (1) The National Planning Authority shall consist of thefollowing members appointed by the President:

(a) a Chairman, who shall have at least ten years’experience in any built environment profession; and

(b) ten other members selected from designateddisciplines, groups or bodies as follows:

(i) one person representing non-governmental,not-for-profit community-basedorganizations;

(ii) one person representing design-relatedprofessional interests and thedevelopment industry;

(iii) one person nominated by the Trinidad andTobago Society of Planners;

(iv) one person representing the professionaldiscipline of socio-economic planning;

(v) two persons representing sectoralinterests, such as manufacturing, tourism,transportation, energy or agriculture;

(vi) one person representing the naturalenvironment;

(vii) one person representing the built heritage;

Membership ofNational PlanningAuthority

Act to bind the State


(viii) one person representing the Tobago Houseof Assembly; and

(ix) one Attorney-at-law of at least five years’standing and with experience in land law.

(2) The following persons shall be ex officio members of theNational Planning Authority:

(a) the Commissioner of State Lands;(b) the Director of Planning;(c) the Director of Highways in the Ministry with

responsibility for works;(d) the Conservator of Forests in the Ministry with

responsibility for forests;(e) a representative of the Ministry with responsibility

for local government; and(f) the Chief Executive Officer of the Environmental

Management Authority.

(3) The President shall appoint a member of the NationalPlanning Authority not being an ex officio member to beVice-Chairman.

(4) Subject to the provisions of this Act, a member of theNational Planning Authority shall be appointed for a term notexceeding three years and shall be eligible for reappointment.

2. (1) The President may appoint, in respect of each member ofthe National Planning Authority, an alternate who shall bequalified for appointment in the same manner as the member towhom he is alternate; and a person so appointed as an alternate,while acting in the absence of the member, shall be deemed to be amember of the National Planning Authority and shall enjoy all thepowers, rights and privileges and be subject to the duties of themember to whom he is alternate.

(2) In the event of the absence or inability to act of both theChairman and Vice-Chairman, or both another member and hisalternate, the President may appoint any person to act in the placeof the Chairman or other member as long as such absence orinability continues.

Alternate members


3. (1) Whenever the National Planning Authority has underconsideration a local area plan or scheme wholly or partly withinthe area of a municipal planning authority, the National PlanningAuthority shall notify the planning authority of the date of themeeting at which such scheme will be considered by the NationalPlanning Authority and thereupon, the municipal planningauthority shall have the right to delegate two of their members toattend that meeting for the purpose of considering such schemeand, to that extent, such delegates shall be members of theNational Planning Authority with the right of deliberating andvoting in the same manner as any other member, but suchdelegates shall not count to form a quorum.

(2) The National Planning Authority may co-opt one or morepersons to attend any particular meeting of the National PlanningAuthority to assist or advise the National Planning Authority, butno such co-opted person shall have any right to vote.

4. (1) Any member of the National Planning Authority, anex officio member may at any time resign his office by instrumentin writing, addressed to the secretary of the National PlanningAuthority, who shall forthwith forward the same to the Ministerand, from the date of the receipt by the secretary of suchinstrument, such member shall cease to be a member of theNational Planning Authority and the vacancy caused by suchresignation shall be filled by the President by the appointment ofanother person.

(2) The President may remove a member of the NationalPlanning Authority, other than an ex officio member, from officewhere that member—

(a) behaves in such a way as is likely to bring theNational Planning Authority into disrepute;

(b) fails, without reasonable excuse, to carry out any ofhis duties in a responsible or timely manner;

(c) is unable by reason of physical or mentalincapacity to perform his duties or is otherwiseunable or unfit to perform his duties; or

(d) becomes bankrupt or compounds with his creditors.

Temporary members

Termination ofmembership


(3) The appointment, removal or resignation of any member ofthe National Planning Authority shall be published in the Gazette.

5. (1) The seal of the National Planning Authority may be affixedin the presence of its Chairman or, in the absence of the Chairman,may be affixed before the Vice-Chairman and Corporate Secretary.

(2) All documents (other than those required by law to bemade under seal) may be made by, and all decisions of the NationalPlanning Authority may be signified under the hand of theChairman or, in the absence of the Chairman, the Vice-Chairmanand Corporate Secretary.

(3) Service upon the National Planning Authority of anynotice, order or other document shall be effected by delivering thesame, or by sending it by registered post addressed to the CorporateSecretary at the office of the National Planning Authority.

6. (1) The National Planning Authority shall meet at least oncea month and as often as may be necessary or expedient for thetransaction of its business and at such times and places as theNational Planning Authority may determine.

(2) A member of the National Planning Authority shall begiven at least one week’s notice of a meeting undersubclause (1).

(3) An extraordinary meeting shall be summoned by thesecretary of the National Planning Authority within fourteen daysof a requisition for that purpose addressed to him by any threemembers of the National Planning Authority.

(4) A requisition under subclause (3) shall be in writing and nobusiness other than that specified in the requisition shall betransacted at the extraordinary meeting except by leave of theNational Planning Authority.

(5) The Chairman shall preside at all meetings of the NationalPlanning Authority at which he is present, and in his absence, theVice-Chairman shall preside.

(6) In case of the temporary absence of both the Chairman andVice-Chairman, the members present and constituting a quorumshall elect a chairman of the meeting from among their number.

Meetings andprocedure

Execution and serviceof documents


(7) The Chairman, Vice-Chairman and other members of theNational Planning Authority shall be paid such remuneration andallowances as the President may determine.

(8) At any meeting of the National Planning Authority, sevenmembers including at least three members who are not ex officiomembers shall form a quorum for the transaction of business.

(9) Any member of the National Planning Authority who has adirect or indirect interest in any matter that is being considered ata meeting of the National Planning Authority, shall declare hisinterest and be disqualified from taking part in any deliberation ordecision with respect to that matter.

(10) Where any member of the National Planning Authorityis disqualified from taking part in any deliberation or decision ofthe National Planning Authority with respect to any matter, themember shall be disregarded for the purpose of constituting thequorum for deliberating on or deciding that matter.

(11) All questions coming or arising before the NationalPlanning Authority, shall be decided by the majority of suchmembers of the National Planning Authority as are present andform a quorum.

(12) In case of an equality of votes, the Chairman of themeeting shall have a second or casting vote.

(13) Minutes of all meetings shall be recorded and kept by theCorporate Secretary and copies of such minutes duly confirmed at asubsequent meeting shall, as soon as practicable thereafter, be forwarded to the Minister.

(14) Subject to the provisions of this Schedule, the NationalPlanning Authority shall have power to regulate its ownproceedings.

7. The funds and resources of the National Planning Authorityare—

(a) such sums of money as may from time to time beappropriated by Parliament for the use of theNational Planning Authority;

Funds and resourcesof the NationalPlanning Authority


(b) sums borrowed by the National Planning Authorityfor the purpose of meeting any of its obligations ordischarging any of its functions; and

(c) dues, charges and fees collectable by the NationalPlanning Authority in accordance with this Act andthe Regulations.

8. (1) Subject to subclause (2), the National Planning Authoritymay borrow money required for the efficient exercise of itsfunctions and for meeting its obligations.

(2) Borrowing may be effected only with the approval of theMinister of Finance as to the amount, the sources of borrowing andthe terms and conditions of the loan.

(3) Approval of the Minister of Finance under subclause (2),may be either general or limited to a particular transaction andmay be either unconditional or subject to conditions.

9. Funds of the National Planning Authority which are notimmediately required to be expended in meeting any obligations orcommitments may be invested in such manner as the Minister ofFinance may approve.

10. (1) The National Planning Authority shall cause properaccounts and records of its transactions and affairs to be kept andshall ensure that all payment out of its funds are properlyauthorised and correctly made and that adequate control ismaintained over the incurring of expenditure.

(2) Accounts of the National Planning Authority shall bekept in accordance with accounting standards established by theInstitute of Chartered Accountants of Trinidad and Tobago.

11. The accounts of the National Planning Authority shall bepublic accounts for the purposes of section 116 of the Constitution.

12. (1) The National Planning Authority shall, not later thanninety days after the end of a financial year, submit to the Ministera report of their operations during that financial year.

(2) The report under subclause (1) shall give particulars ofany directions of the Minister given to the National PlanningAuthority with respect to the exercise of their functions.

Investments

Accounts and recordsof National PlanningAuthority

Borrowing powers

Accounts and audit

Annual Report


(3) As soon as practicable after the report of the NationalPlanning Authority is received by him, the Minister shall cause itto be laid before Parliament.

13. (1) The National Planning Authority shall, not later thanthe deadline date stipulated by the Minister of Finance in eachyear, prepare and submit to the Minister the estimates of revenueand expenditure of the National Planning Authority for the nextfinancial year.

(2) Estimates shall be prepared in such form as the Ministermay direct.

14. (1) This clause applies to an officer who, on the coming intoforce of this clause—

(a) holds a permanent appointment to; or

(b) holds a temporary appointment to, and has served atleast two continuous years in,

a public office specified in the Fifth Schedule.

(2) A person to whom this clause applies may, within threemonths of the date of the coming into force of this clause, exerciseone of the following options:

(a) voluntarily retire from the Public Service on termsand conditions agreed between him or hisappropriate recognised association and the ChiefPersonnel Officer;

(b) transfer to the National Planning Authority with theapproval of the Public Service Commission on termsand conditions no less favourable than those enjoyedby him in the Public Service; or

(c) remain in the Public Service provided that an officecommensurate with the office held by him in thePublic Service prior to the date of the assent of thisAct, is available.

15. (1) The National Planning Authority shall, within five yearsof the coming into force of clause 14, establish a pension fund plan.

(2) All employees of the National Planning Authority shallbe members of the pension fund plan.

Options available topublic officers

Establishment ofpension fund plan

Submission ofestimate date beforedeadline


16. The superannuation benefits which have accrued to a person who exercises the option under clause 14(2)(b) shall be preserved at the date of his employment by the National PlanningAuthority, and such person shall continue to accrue superannuation benefits under the Pensions Act up to the date ofthe establishment of the pension fund plan on the basis of salaryapplicable to the office which he held immediately prior to hisemployment by the National Planning Authority under clause 14.

17. (1) Where an employee of the National Planning Authoritywho exercises the option referred to in clause 14(2)(b), dies orretires prior to the establishment of the pension fund plan, and atthe date of death or retirement was in receipt of a salary higherthan that referred to in clause 18, the superannuation benefitspayable to his estate or him shall be based on the higher salary.

(2) The difference between the superannuation benefitspayable on the basis of the higher salary and those payable underthe Pensions Act on the basis of the salary referred to in clause 16,shall be paid by the National Planning Authority.

18. (1) Where an employee of the National Planning Authoritywho exercises the option referred to in clause 14(2)(b) retires ordies and is a member of the pension fund plan, he shall be paidsuperannuation benefits by the pension fund plan at the amountwhich when combined with the superannuation benefits payableunder clause 16 is the equivalent to the benefits based on hispensionable service in the Public Service combined with his service in the National Planning Authority and calculated at thepensionable salary applicable to him on the date of his retirementor death.

(2) For the purposes of subclause (1), “pensionable salary”

has the meaning given to it by the pension fund plan.

19. Subject to clause 20 and any other written law, employeesof the National Planning Authority who exercised the optionreferred to in clause 14(2)(b) shall, for the purpose of collective bargaining, continue to be represented by the relevant representative association that formerly represented them.

20. Employees of the National Planning Authority may form anassociation which may be registered as a trade union or may joina trade union.

Payment ofsuperannuationbenefits by theNational PlanningAuthority prior to theestablishment of thepension fund plan

Payment ofsuperannuationbenefits by pensionfund plan

Preservation andaccrual ofsuperannuationbenefits

Continuation ofassociationrepresentation

Right of employees toform or join associa-tions or trade unions


SECOND SCHEDULE

PART A(Section 7)

1. For the purposes of section 7(1)(b), the expression “advisingon the framing of development policies” includes—

(a) advising the Minister on the preparation of periodicLand Policy Statements to be laid in Parliament;

(b) providing advice and assistance to the Minister onpolicy proposals and legislation affecting thedevelopment and utilization of land and land-basedresources;

(c) advising the Minister on the harmonization ofpolicies and the co-ordination of functions of sectoralagencies insofar as those policies or functions mayaffect land management or land development;

(d) advising the Minister on the devolution ofdevelopment control functions to local authoritiesand assisting in developing the capability of localauthorities for the exercise of such functions; and

(e) advising the Minister on the appointment ofplanning authorities for the preparation of regionalplans, urban plans, and local area plans.

PART B

2. For the purposes of section 7(1)(b), the expression “ensureconsistency and continuity in the implementation of policies”

includes—

(a) working with and advising planning authorities andsectoral agencies on development programmes andplanning efforts underway in Trinidad and Tobago;and

(b) coordinating and integrating the functionalplanning, approval, and plan implementationfunctions of sectoral agencies exercising authoritywith respect to physical development,transportation, maintenance of infrastructure andland-resource management and utilization, anddeveloping the information necessary to undertakesuch sectoral planning.


PART C

3. For the purposes of section 7(1)(f), the expression “ensurecomplianceof all development with the requirements of theNational Spatial Development Strategy, the regulations, standardsand practices” includes—

(a) assisting with the preparation of, or wherenecessary, preparing such regional and local plans asmay be requisite;

(b) assessing the planning needs of planning authoritiesand local authorities, providing assistance to meetsuch needs, and ensuring reasonable coordinationbetween plans adopted in their respective areas;

(c) consulting with relevant professional associationsand, subject to the approval of the Minister and inconjunction with those associations, developingprogrammes on issues related to education,continued professional training and human resourcedevelopment for implementing the provisions andachieving the purposes of this Act;

(d) monitoring the operation of the overall developmentapproval process and reporting thereon to theMinister, analyzing data and publishing findingswith respect to the development approval processand making recommendations to the Minister forimproving the working of such process;

(e) establishing and managing programmes of publiceducation and information about the objects andpurposes of physical planning and the provisions ofthis Act and, to that end, publishing information insuch manner as appears to the National PlanningAuthority to be most conducive to meet the purposesof public education and the dissemination ofinformation concerning physical planning and landuse and development issues; and

(f) publishing details of the progress of the NationalSpatial Development Strategy and any other relatedinformation in the print and electronic media andany such publication may be directed to the public atlarge or to persons particularly interested inplanning, development and building in Trinidad andTobago.


THIRD SCHEDULE

(Section 83)

CERTIFICATE

(Given pursuant to section 83 of the Planning and Facilitation ofDevelopment Act, 2014)

Professional ........................................ Registration No .....................Board or Organization ........................................................................Firm ......................................................................................................Address..................................................................................................Telephone No. ......................................................................................Project ..................................................................................................Location ................................................................................................

I hereby certify that the plans and specifications appended here-to have been prepared by me and/or under my guidance andsupervision and that they are based on nationally accepted practiceand are in accordance with the relevant standards and guidelinesestablished for the disciplines involved and comply with theregulations/guidelines of ....................................................................................................................................................................................

Codes of Trinidad and Tobago.

I have obtained all required input/advice from such otherprofessionals, insofar as I consider it necessary for this Project, inorder to complete the drawings and to ensure that all applicableregulations/building codes and engineering standards have beenadhered to.

I also declare that to the best of my knowledge and belief, thereis no known fact or matter in connection with this Project and theplans and specifications which could cause final approvals from anyrelevant Authority to be withheld/delayed for any reason.

I hereby undertake to submit to the National Physical PlanningAuthority all required documentation not later thanthirty (30) days before the commencement of any particularconstruction activity and to actively pursue obtaining all finalapprovals.


I am answerable and take responsibility for the plans andspecifications, and the declaration, and undertakings given aboveto enable the relevant Approving Agencies to expedite the approvalprocess and to induce any lender to grant to the developer or ownerthe financing required to facilitate commencement of construction.

In witness whereof, I have hereunder set my hand and seal this........................... day of ................................................. , 20…....

(SEAL)

...................................................................Signature

FOURTH SCHEDULE

(Section 110)

FIRST COLUMN

Law to be amended

Public Health OrdinanceCh. 12. No. 4

The Integrity in PublicLife Act, Chap 22:01

The Land TribunalAct,No. 15 of 2000The Schedule

The Tobago House ofAssembly Act,Chap. 25:03

SECOND COLUMN

Amendments to be made

Repeal Parts III and IV exceptsections 50A to 50D

Insert after item 10 in the Schedule,the following item:

“11. The Director of Planning, theChief Building Officer and theChief Enforcement Officer of theNational Planning Authority.”

Delete items 2 and 4 inthe Schedule

In item 15 in the Fifth Schedule, deletethe words “Town and CountryPlanning” and substitute the words“Planning and Facilitation ofDevelopment.”


FOURTH SCHEDULE—CONTINUED

FIRST COLUMN

Law to be amended

The MunicipalCorporations Act,Chap. 25:04

SECOND COLUMN


A. In section 149, delete the words“Town and Country Planning” andsubstitute the words “Planning andFacilitation of Development”.

B. In section 150(3), delete the words“any Regulations made under sec-tion 21 of the Town and CountryPlanning” and substitute the words“the Planning and Facilitation ofDevelopment”.

C. In section 153(2), delete the words“any applicable Regulations madeunder section 21 of the Town andCountry Planning” and substitutethe words “the Planning andFacilitation of Development”.

D. Repeal sections 158 to 165 and 167.E. Repeal section 168 and substitute

the following section:

168. Any person who,in any Municipalitycontravenes any of theprovisions of this Part orof any Regulations madehereunder commits anoffence and is, if nopenalty is elsewhereprescribed, liable onsummary conviction to afine of one thousanddollars and, in the case ofa continuing offence, to afurther fine of onehundred dollars for everyday during which suchoffence continues afternotice thereof from theCouncil”.

“Offence


FOURTH SCHEDULE—CONTINUED

The EnvironmentalManagement Act,Chap. 35:05

F. Repeal sections 170, 171, 172,173(2), 175 to 182, 184, 185 and 186.

G. Delete the Eighth Schedule.H. In the Ninth Schedule, delete

Form B.

A. In section 38(1)–(a) delete the words “Town and

Country Planning” andsubstitute the words“Planning and Facilitation ofDevelopment”;

(b) delete the words “town andcountry planning” andsubstitute the words “urbanand regional planning”; and

(c) delete the words “and anyenvironmental impactassessment which may berequired”.

B. In section 81, insert aftersubsection (3), the followingsubsection:

“ (3A) Costs awarded by theCommission in respect ofmatters under this Act or anyother written law shall bedetermined in accordancewith the Civil ProceedingsRules, 1998.”.

C. In section 82(3), insert after theword “engineering”, the words“urban and regional planning,”.

FIRST COLUMN

Law to be amendedSECOND COLUMN



FIFTH SCHEDULE

[Clause 14(1), First Schedule]

OFFICES IN THE PUBLIC SERVICE ON THEESTABLISHMENT OF THE URBAN AND REGIONAL

PLANNING DIVISION

Technical Class

1. Director, Urban and Regional Planning

2. Assistant Director, Urban and Regional Planning

3. Designs/Planner

4. Town Planner II

5. Town Planner I

6. Town Planning Assistant II

7. Town Planning Assistant I

8. Development Control Supervisor

9. Development Control Supervisor II

10. Development Control Inspector I

11. Illustrator

12. Drawing Office Supervisor

13. Draughtsman III

14. Draughtsman II

15. Draughtsman I

16. Draughtsman Assistant

17. Printing Assistant II

18. Vari-Typist

Professional Class

1. Research Officer II

2. Research Officer I


FIFTH SCHEDULE—CONTINUED

OFFICES IN THE PUBLIC SERVICE ON THEESTABLISHMENT OF THE URBAN AND REGIONAL

PLANNING DIVISION

Administrative Class

1. Administrative Officer II

Clerical Class

1. Clerk IV

2. Clerk III

3. Clerk II

4. Clerk I

Secretarial Class1. Clerk Stenographer III2. Clerk Stenographer II3. Clerk Typist I

Manipulative Class1. Estate Constable2. Chauffeur/Messenger3. Motor Vehicle Driver4. Messenger I5. Cleaner I6. Maid I7. Office Attendant8. Vault Attendant


Passed in the Senate this 24th day of June, 2014.

N. ATIBA-DILCHANClerk of the Senate

IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed by the Senate and at the finalvote thereon in the Senate has been supported by thevotes of not less than three-fifths of all the membersof the Senate, that is to say, by the votes of29 Senators.

N. ATIBA-DILCHANClerk of the Senate

Passed in the House of Representatives this 28th day ofJuly, 2014.

J. SAMPSON-MEIGUELClerk of the House

IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed by the House of Representativesand at the final vote thereon in the House has beensupported by the votes of not less than three-fifths of allthe members of the House, that is to say, by the votesof 26 members of the House.

J. SAMPSON-MEIGUELClerk of the House


PRINTED BY THE GOVERNMENT PRINTER, CARONI

REPUBLIC OF TRINIDAD AND TOBAGO–2014