Development Planning & Control Process Chart
Sub-division Plan Application (word format - 52 Kb)
AT THE BUILDING WORKSHOP/SEMINAR
HELD ON THURSDAY 2nd MAY 2002
DEVELOPMENT CONTROL
Development Control plays a very crucial part in the whole development process. What is Development Control you might ask? - It is the ability to control and regulate the development and use of land in the public's interest and to consider planning applications in relation to the policies in the development plan and the general interests of the area. You may also ask, why is it important to have control over development? Why not let property owners just do what they please with their own property? Well I am sure that we all have a pretty good idea of the answer to these questions. Most importantly, Development Control allows for Order, so that each person can enjoy the benefits of his or her property without oppression.
TO THE APPLICANT/DEVELOPER
1. When you are considering undertaking any type of development it is good practice to consult the Department of Planning to find out if your development is permitted or fits in with the proposed or existing land use of the area. Also to get advice before contracting the services of an architect or draftsperson. Advice that can be received pertains to setbacks, density, access, land use, building heights, need for open space/green space etc. This is to allow for maximum benefit and to avoid delay in the process. This stage of the overall Development process is termed Preliminary Assessment.
2. It is your duty to submit to your architect or draftsperson a copy of any covenants that may be attached to the conditions of sale and use of land. Also any other relevant documents.
3. Make sure that the plans and forms submitted by you or on your behalf to the Building Board are complete to avoid any delay in the processing of the plans.
4. It is also your duty to make sure that works are carried out in accordance with the approved plans. There are cases where the plan shows a functional septic and during construction it is not adhered to. Also the location of the septic might breach the set back requirements which can cause legal action to be taken against you in the event that it affects a neighbour(s). This issue is a critical one, as a non-nonfunctionl septic system can lead to the contamination of our aquifers and we all know the impacts that can have on the populace. So please be guided accordingly.
5. Applicants need to be considerate when carrying out development to make sure that there are no negative social impacts. Take for example, in the case of 'view', some developments are deliberately positioned in such away as to affect neigbouring property owners. It is true that there are cases where there is no alternative but to construct the building in a particular location. But if all possible one should be considerate.
6. When the site is being prepared or cleared to commence construction, it is the duty of the owner to make sure that all debris that would not be needed are carefully removed from site and disposed of properly. It is not nice when such materials are dumped on another persons property without their permission.
� Under no circumstances are such waste materials to be place in or pushed near to a watercourse or
ghaut.
7. You are to make sure that your builder or contractor has solicited the inspection of the Building Inspector, in order to make sure that each stage of your project is done satisfactorily and in accordance with approved drawings.
8. Developers are reminded that for large developments, it is necessary to provide utilities for proper inhabitation, for example, water, electricity, telephone etc.
9. Under no circumstances are watercourses to be interfered with, without the permission of the Department (if it is practical to do so). Altering of watercourse or ghauts might prove to be even more detrimental to your property than if they remain in their original path. That's why it is important to position the building in such away that it would not affect the watercourse.
ARCHITECTS/DRAFTSPERSON
1. In order to save time and money, it is important that you find out from your client if there any covenants on land that the proposed project might be in breach of.
2. The name of the person drawing the plans should be legible, so that in the case of an issue arising, it can be quickly dealt with.
3. Location Plan - this plan must state clearly the location of the building in order to facilitate a physical site visit assessment. No assessment will be made if during the site visit the land cannot be identified. During site visits, issues such as watercourse, ghauts, slopes/gradients, vegetation, are checked for in relation to the location of building on site. If there are any problems arising from the site visit, these are usually communicated to the architect and/or applicant so that the plans could be modified accordingly.
4. Site Plan - this should clearly show the proposed building(s) in relation to the property boundaries. The distance should also be clearly annotated on said plan. The minimum distance from front of property boundary to front of house should be 10 feet, sides 6 feet and rear 6 feet. You are reminded that the septic and soakaway and any other structures that are not joined to the building should also observe the minimum 6 feet restrictions. Setbacks are measured from any projecting part of the building to the boundaries and not from the building wall. Site plan should also indicate any other key features that would be relevant to the assessment for example, watercourse, fruit trees, existing building(s) etc.
5. Evidence of Ownership - the Department checks for evidence of ownership and this includes a Title, Deed, or a Registered Memorandum of Transfer. There are also cases where a letter giving permission to use land for a particular purpose along with the Title or Deed is acceptable. The general Public is kindly reminded that letters from a lawyer is no longer acceptable. If there are two names on the Certificate of Title or Deed, they must correspond to the names on the application form as well as the Drawings.
6. Complete set of plans to include:-
1. Location Plan
2. Site Plan
3. Floor Plan
4. Foundation Plan
5. Roof Plan
6. Elevations
7. Cross Section
8. Septic and Soakaway
9. Electrical and Plumbing
10. Structural Details
TO THE BUILDERS/CONTRACTORS
1. Builders and Contractors are to have on site a copy of the approved plans, this is to avoid any unnecessary stoppage of works.
2. Conditions of approval should be adhered to. Works should be carried out in accordance with approved drawings.
3. In the case where upon clearing the site and digging the foundation it is observed that the building cannot be positioned according to approved site plan, then the Planning Department must be notified, so that there are no breach of setback requirements.
4. You are to request, at least 48 hours in advance, for the Building Inspector to come and inspect the various critical stages of development.
CONCLUSION
Development controls encourages maximum benefits of one's development and helps to prevent any negative economical, social, environmental and physical impacts on the human populace, so that it promotes sustainability of the country's scarce resources. Remember to have some sense of order, there must be DEVELOPMENT CONTROL.
All Caribbean planning legislation establishes a fundamental principle that there can be no development without permission, development being defined as the "carrying out of building, mining, engineering and other operations in or under or over land, the material change of use of buildings or other land, and the subdivision of land."
Developers wishing to carry out a development activity need a specific grant of permission for activities not allowed by Development Orders, which may grant permission for certain types of development in identified areas. In determining such applications the Planning Authorities are guided by the Development plan and any other material considerations. There are two elements to the decision making - the acceptability of the location, and the site planning controls which should govern the development. Site planning concerns include, parking needs, access, drainage, intensity of development intended or siting, and the control of negative external consequences arising from the proposal.
In the determination of applications, standards provide performance and other criteria for objective assessment by the relevant authorities. They are the main methods by which the goals, policies and strategies for national physical development are transformed in enforceable rules. Standards provide a basis for consistency in land use decision making promote economic efficiency, and control negative externalities. They are used to ensure the provision of adequate community services and compatibility in land use arrangements.
On the other hand developers often stress the negative aspects of standards, particularly the restrictions imposed by their use and their potential for increasing land development costs, building costs and infrastructure costs. These are in many ways valid concerns, since affordability and costs go hand in hand. In developing countries, such as the OECS, a fine balance must be maintained between the adoption of proper standards and costs which are affordable by individuals and by the society as a whole. Standards must therefore be enforceable, fair, flexible, economise the costs of development and promote social justice.
