The Development Applications Process in Jamaica

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Development Applications Process
in Jamaica
Development Guide
December 2012
INTRODUCTION
This presentation describes the
process involved in preparing
and submitting planning and
environmental applications for
development/enterprise and
states how the National
Environment and Planning
Agency (NEPA) goes about
processing such applications.
What is Development
Development is defined as “ the carrying out
of building, engineering, mining or other
operations in, on, over or under land or the
making of any material change in the use of
any buildings or other land.”
(Section 5 (2) TCPA).
The Development Process
• This process allows NEPA to assess a proposal on behalf of the
Natural Resources Conservation Authority (NRCA) /Town and
Country Planning Authority (TCPA) against regulations along with the
local authorities to ensure that the development fits within the desired
character of an area, public health, safety and the environment are
not threatened and that the structural integrity of buildings are not
compromised. This is to ensure that orderly development takes place
in Jamaica.
• To address these issues, the following permissions and/or
combination of any may be required to carry out development in
Jamaica}-
• Environmental
• Planning
• Subdivision
• Building
Planning & Environmental Legislation
Pursuant to the TCPA Act
Planning Applications requiring environmental
Permits -the NRCA must indicate its intention to grant
permission prior to the TCPA granting planning
permission.
Pursuant to the NRCA Act
A Planning Application and an Environmental
Application must be submitted simultaneously, that is to
the local authorities and NEPA.
Permissions required to carry out Development in Jamaica
Environmental:
 Obtained under Natural Resources Conservation Authority Act
 Applications submitted to NEPA
 Approving entity: Natural Resources Conservation Authority ( NRCA)
 Types of Environmental applications
- A permit is required to undertake any construction or development of
a prescribed nature anywhere in Jamaica and its Territorial Sea
under the NRCA (Permits & Licences) Regulations, 1996.
– A licence is required for the handling of sewage or trade effluent and
poisonous or harmful substances to be discharged into the
environment.
– Beach Licence pursuant to Beach Control Authority Act is required if
you intend to use the foreshore and floor of the sea.
– Air Pollutant Discharge Licence
– Transboundary Movement of Hazardous Waste
NEPA reviews the application and makes a recommendation to the NRCA
NRCA’s Permit and Licence System
The NRCA is not entitled to grant a permit or
licence if, it is of the view, that the activity in
question is likely to cause injury to the
environment or to public health.
Main environmental issues to consider when
contemplating development in Jamaica
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Biological Resources
Water Resources
Drainage
Solid Waste Disposal
Public Health
Coastal Zone
Protected Areas
Wetlands
Natural Hazards
Air Quality
Sewage Treatment and
Disposal
Environmental Impact Assessment (EIA)
• In applying for a Permit or a Licence an EIA may be
required.
• NEPA determines whether or not an EIA is required based
on screening of the application and the conducting of
relevant site visit(s).
• This study undertaken by the applicant outlines the impact
the proposed project is likely to have on the area where the
development will be sited, as well as the impact of the
environment on the development. It also identifies mitigation
measures necessary to reduce the negative impacts of the
project.
Permissions required to carry out Development in Jamaica
Planning:
 Obtained under Town & Country Planning Act
 Applications submitted to the Local Planning Authority in
the respective parish councils and the KSAC. These may
be referred to Town & Country Planning Authority for a
decision or to NEPA for a recommendation
 Approving entities: Town and Country Planning Authority
and Local Planning Authorities
Main Planning issues to consider when contemplating
Development in Jamaica
• Zoning
-Existing Land use
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-Proposed Land use
Urban Limit
Access (Ingress & Egress)
Traffic Flow
Lot Size
– Lot sizes vary based on location
(urban/rural), terrain, type of
sewage solution
• Density (# habitable room/ha)
• Height of Building
• Setback from roadways, gullies,
canals, coastal zone, rivers etc.
• Open Space (1 ha: 100 lots)
• Parking
• Level of infrastructure
• Change in use of Agricultural
Lands
Types of Planning Applications
Detailed planning
Outline planning
Change of Use
Retention of Structure
Continuance of use
Determination
Prior to submitting your application make sure that you have
prepared and obtained all the necessary information required for
the application.
Planning Applications
Detailed Planning Application
Final detail drawings for proposal are to be submitted and must
include:
• A Location Plan at 1:12,500 with site area outlined.
• The plan/drawings must be in metric
• The plan is required to indicate the direction of North
• The plan should indicate any adjoining land which is owned by the
Applicant.
• A Site Plan at either 1:500 or 1:200 showing the building relative to site
boundaries and any other buildings located within the site.
• Floor Plans at either 1:100 or 1:50 showing the floor plan of each storey of
the building.
• Access (ingress and egress) for vehicles and pedestrians should be
indicated.
• Landscape Plan should also show the distribution, size, and position of all
trees within area.
Planning Applications
Detailed Planning Application (Cont’d)
Consideration should be given to the following :• External Appearance of the surrounding environment.
• Siting of the proposal in relation with other existing buildings on and
in the surrounding areas , the positioning of windows, orientation on
the site and structure size and height, and how development fits into
the existing character of the area.
• Any potential obstructions to proposed development, for example,
overhead cables, telegraph poles, electricity pylons and water
courses running over or under the site
Types of Planning Applications
Outline Planning Application
• An applicant may choose to submit illustrative drawings representing
his/her proposal and apply for Outline planning permission in that it saves
the Applicant the expense of having detailed and expensive plans drawn
up, in advance of the applicant even being aware whether it is even
possible to build on the land.
• Outline Planning Permission when granted is planning permission. The
applicant must satisfy all the other statutory reserved matters before
proceeding with construction. In other words full planning details will need
to be submitted in advance of commencement of construction.
Types of Planning Applications
Change of Use
This is required when an intended development is contrary
to the zoning in the Development Order if the area is covered
by a Development Order.
Retention of Structure
This is required if a building is constructed without the
requisite building approvals
Continuance of use
If an activity is already in operation within an area contrary to
the Development Order and has not received permission for a
change of use, then continuance of use is required.
Determination:
This is applicable if you are unsure that the proposed activity
will require planning permission
Permissions required to carry out development in Jamaica
Subdivision:
Subdivision is the act of dividing larger tract land into
smaller ones that are for sale or otherwise develop.
• Permission must be obtained under the Local Improvements
Act
• Applications submitted to the Local Authority
• Approving entities : Local authorities (Parish Councils & KSAC)
• NEPA makes recommendation to Local Authorities prior to a
decision being taken by these authorities
Permissions required to carry out development in
Jamaica
Building Applications
These applications are concerned with the structural
integrity of the proposed buildings/structures and are
dealt with by the respective local authority in each
parish under the relevant Building Acts.
Government Agencies involved in the review
of Applications
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National Works Agency
National Land Agency
Environmental Health Unit
Water Resources Authority
Rural Physical Planning Unit
Jamaica Bauxite Institute
Jamaica National Heritage Trust
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Mines and Geology Division
National Water Commission
National Irrigation Commission
Office of Disaster Preparedness
and Emergency Management
• Jamaica Public Service Company
• Civil Aviation Authority
• Urban Development Corporation
Submitting an Application to NEPA
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Complete application forms correctly and pay the application fees
Declare all aspects/components of the development as well as all aspects of the site e.g. existing
buildings, sinkholes, caves, rivers, etc.
Provide all supporting documents (e.g. Location Map, Layout Plan drawn to scale (metric), Proof of
Ownership, Project Brief etc.)
Submit drawings that are prepared or certified by a professional in the respective field eg. Engineering
drawing by a professional engineer
Use the checklist and sample forms provided for each application to guide you
If you are unsure and require clarification on any issue pertaining to your development contact the
Applications Secretariat Branch and or the Development Assistance Centre to explain your project idea
and a competent technical officer will provide guidance on the permissions that you require and how to
make an application.
Consult your local planning authority/ parish council for guidance as it relates to other statutory
requirements such as planning and building permissions.
Before you submit your application, you may also consult with other government agencies such as
– National Works Agency (drainage, traffic, access)
– Mines & Geology (geotechnical issues, slope stability)
– Water Resources Authority – (ground and surface water issues)
– Ministry of Agriculture (RPPD) based on location (release of agricultural lands).
– Environmental Health Unit (sewage)
– National Water Commission (waste water & potable water)
– Office of Disaster Preparedness and Emergency Management (hazard identification and risk
assessments e.g. flooding)
TO AVOID DELAYS, DO NOT SUBMIT INCOMPLETE APPLICATIONS.
Review of Applications
Applications are reviewed by :
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Technical Branches
Internal Review Committee (IRC)
Subdivision Committee (subdivision 10 lots >)
Technical Review Committee (TRC)
Authorities
-Town & Country Planning Authority (TCPA)
-Natural Resources Conservation Authority (NRCA)
Contact Information
For further information, please contact:National Environment and Planning Agency
Applications Secretariat
Telephone:754-7540 Ext. 2307
Email: applications@nepa.gov.jm
Development Assistance Centre
Telephone:754-7540 Ext. 4000
Email: www.dac.gov.jm
NEPA’s Website: www.nepa.gov.jm
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