The Land Development (Control) Ordinance, 1966
Saint Christopher, Nevis and Anguilla.
I assent,
F. A. PHILLIPS
Administrator.
24th September, 1966.
SAINT CHRISTOPHER NEVIS AND ANGUILLA.
No. 15 of 1966.
An Ordinance to control the development of land.
(24th September, 1966.)
Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council of Saint Christopher Nevis and Anguilla, and by the authority of the same as follows:
1. This Ordinance may be cited as the Land Development (Control) Ordinance, 1966.
2. In this Ordinance �
�building� includes any erection of whatever material and in whatever manner constructed or any part of a building, and where the context so permits, includes the land on, in or under which the building is situate;
"building operations" includes any road works preliminary or incidental to the erection of buildings;
"development� in relation to any land includes any building or re?building operations and any use of the land or any buildings thereon for a purpose which is different from the purpose for which the land or building was last being used or the sub?division of any land, and "develop" shall be construed accordingly;
"land" includes land covered with water and also includes incorporeal as well as corporeal hereditaments of every tenure or description, and any interest therein, and also an undivided share in land;
"Minister" means the Minister of Government for the time being charged with responsibility for the subjects of lands, planning and development;
"owner", in relation to any building or land, means a person other than a mortgagee not in possession, who is for the time being entitled to dispose of the right of ownership of the building or land, whether in possession or reversion, and includes also a person holding or entitled to the rents and profits of the building or land under a lease or agreement the unexpired term whereof exceeds ten years.
3. (1) Notwithstanding the provisions of any other law to the contrary, no person shall commence or carry out the development of any Iand in the Territory of Saint Christopher, Nevis and Anguilla without the prior written permission of the Minister.
(2) Without prejudice to the generality of the provisions of subsection (1) of this section, a person shall be deemed to have commenced the development of land if he has commenced the laying out of roads, the laying of water pipes, the clearing or levelling of land, the filling of ravines or swamps, or any other preparatory work which might indicate an intention thereby to improve the land or increase its value or make it in any way ready for any of the types of development set out in the First Schedule to this Ordinance.
4. An application to the Minister for permission to develop land shall be in the form set out in the Second Schedule to this Ordinance and shall be accompanied by maps and plans as may be necessary or as may be required by the Minister.
5. (1) The Minister may, after consideration of the application, refuse permission to develop the land in question or any part thereof.
(2) If after consideration of the application and examination of the plans, if any, the Minister considers it desirable so to do, he may refer back the plans to the applicant for amendment thereof.
6. If the Minister after due consideration of the application and of the plans, if any, refuses permission to the applicant to develop any land, he shall at the same time give to the applicant in writing his reasons for so refusing.
7. (1) Upon the refusal of the Minister to grant permission for the development of any land, the applicant may, within thirty days after such refusal has been transmitted to him, appeal against such refusal to the Executive Council who may confirm or reverse the decision of the Minister.
(2) In this section the term �
"Executive Council" means the Administrator in Council and shall include the Cabinet when the
Cabinet system of Government has been established in the Territory.
8. (1) Whenever any plans have been submitted to the Minister on an application for permission to develop any land, and such permission has been granted, the development in question shall be carried out in accordance with the said plans.
(2) If before or during the course of any development of land the successful applicant discovers that it is impracticable or uneconomical to carry out the said development in conformity with the plans as approved by the Minister, he may apply to the Minister for permission to amend the plans accordingly and the Minister may grant or refuse permission for such amendment or may refer back the plans to the applicant for further amendment.
(3) If the Minister refuses permission to amend any plans as in subsection (2) of this section provided, he shall at the time of such refusal give to the applicant in writing his reasons for so refusing in which case the provisions of section 7 of this Ordinance shall apply as in the case of an original application to the Minister.
9. (1) Any person who commences or carries out any land development in the Territory without the written permission of the Minister so to do, or carries out any such development in a manner not in accordance with any plans submitted or re?submitted to and approved by the Minister, shall be guilty of an offence against this Ordinance.
(2) Any person guilty of an offence against this Ordinance shall be liable on summary conviction therefor to a fine not exceeding two thousand five hundred dollars, and, in the case of a continuing offence, to a further penalty of fifty dollars for each day during which the offence continues.
(3) If any person is charged with the offence of carrying out any development not in accordance with any plans submitted to and approved by the Minister, such person shall not be convicted therefor if he proves to the satisfaction of the Court that such development has been or is being carried out in a manner which is at least ninety per centum in conformity with such plans as aforesaid.
10. If the development of any land is commenced or carried out without the written permission of the Minister or carried out in a manner not in accordance with plans submitted or re?submitted to and approved by the Minister, every owner of such land within the meaning of section 2 of this Ordinance shall be liable therefor and subject to the penalties prescribed by section 9 of this Ordinance.
11. Nothing in this Ordinance contained shall be deemed to apply to any development which at the date of commencement of this Ordinance is being carried out or has been planned for the Pinney's Estate in the Island of Nevis or the Frigate Bay Estate in the Island of Saint Christopher.
12. The Administrator in Council, or the Governor acting on the advice of the Cabinet, as the case may be, may by Order amend or replace the Schedules to this Ordinance.
M. P. ALLEN
Speaker.
Passed the Legislative Council this 16th day of September, 1966.
J. L. WOODLEY
Clerk of the Council
FIRST SCHEDULE
(a) Development of Housing Estates;
(b) Development of more than 2 house lots of land for sale as housing sites;
(c) Hotel Development;
(d) Development of apartment buildings or flats;
(e) Development of any industry, including the establishment of a factory;
(f) Development of any Beach Facilities.
SECOND SCHEDULE
Application for Permission to Develop Land
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Address of Applicant (if a Company, address of registered offices) ���.......�����....�
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Description of land sought to be developed, including area and situation of land
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For what purposes is land to be developed? �����������������........
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Are any plans attached to application? (If so please describe plans)
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Estimated cost of development of land ��������������������.......
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Signature of Applicant
