Professional Documents
Culture Documents
GROUP MEMBERS:
NAMES ID#
1
Franklin, Rohan 0800542
Gray, Shawna 0800882
0501579
Hylton, Mario
Labbon, Shannon 0800541
Smith, Nicoy 0701392
Tate, Georgia 0703157
Williams, Chelsea 0803009
AKNOWLEDGEMENT
Town and Country Planning Act (TCPA) and also in analyzing the
2
The members of group four appreciates Mrs. Perkins, in her
Thanks Much.
INTRODUCTION
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Town and Country planning has been described as a means of controlling
and guiding the use of land and the processes of change in the environment.
The Town and Country Planning Act was passed in Jamaica in 1958, but it has
� It should be a system that operates fairly and should aim for speed, clarity
place on land and require the grant of planning permission in the area where
the order relates. There are currently 15 development orders and provisional
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The TCPA is based on the principle that one may restrict land use and
development but that if there is a restriction or refusal that will cause the
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SECTION 22
SUBSECTION 1-DIRECT EXTRACT
SUBSECTION 1-ANALYSIS
Providing for the matters in this section, if it appears to the Local Planning
Authorities that it is appropriate to the purpose regarding the matters
provided for in this section for the development order and to any other
material considerations that any authority granted to development of land
grant on an application made in that behalf under part 3 which deals with the
content and effect of development order should be revoke or modified, they
may by order revoke or modified the permission to such extent as appear to
them to be fair or appropriate to the purpose. Meaning that the Minister is
able to use his or her discretion in modifying or revoking applications made
to develop land grants has he or she sees fit.
SUBSECTION 2-ANALYSIS
Where the local planning authority submit an order to the minister for his
authorization under this section the local Planning Authority should make the
owner and the occupier of the land affected by this order aware of this by
serving them notice which shouldn’t be less than 28 days from the service
thereof. Anyone that the order is serve on the minister should before
confirming the order afford to him, and the local planning authority the
opportunity or chance to appear before and be heard by someone appointed
by the minister for that purpose.
SUBSECTION 3-ANALYSIS
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(b) Where the permission relates to a change of the use of any land, at any
time before the change in land use has taken place:
Given that the revocation or modification of permission for the executing of
building or other operations will not affect so much of those operations as
has been previously carried out.
Modification of Revocation can take place anytime before the operation as
been previously carried out is completed and permission for the change of
land use any time before change has occurred.
SUBSECTION 4-ANALYSIS
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SUBSECTION 5-DIRECT EXTRACT
(5) For the purposes of this section, any expenditure incurred in the
preparation of plans for the purposes of any work or upon other
similar matters preparatory thereto shall be deemed to be included
in the expenditure incurred in carrying out that work, but except as
aforesaid no compensation shall be paid under this section in
respect of any work carried out before the grant of the permission
which is revoked or modified, or in respect of any other loss or
damage (not being loss or damage consisting of the depreciation in
value of an interest in land) arising out of anything done or omitted
to be done before the grant of that permission.
SUBSECTION 5-ANALYSIS
Within this section any money which is spent in the preparation of any plans
(land) for the purposes of work (development) or similar matters the cost for
preparatory will be included in the expense incurred in carrying out that
work, but no compensation will be paid out if any work was carried out
before the granting of the permission which is revoked or modified, or in
respect of any other loss or damage (not being loss or damage consisting of
the depreciation in value of an interest in land) arising out of anything done
or omitted to be done before the grant of that permission. Therefore one can
only obtain compensation for work which was done after the approval of the
plan is granted.
SUBSECTION 6-ANALYSIS
This section implies that the relevant authorities have the power to revoke and add new
conditions to a plan once it is in the interest of the public. Therefore if a plan might affect the
public in a negative way then the authorities can add new conditions to the plan.
SUBSECTION 7-ANALYSIS
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(8) Where by virtue of the provisions of this section compensation is
payable in respect of expenditure incurred in carrying out any work
on land, then if the Minister takes steps for the purchase of such
land, or a claim for compensation is made under subsection (1) of
section 17 any compensation payable in respect of the acquisition of
the land or, as the case may be, the claim for compensation under
subsection (1) of section 17, shall be reduced by the amount equal
to the value of the works in respect of which compensation is
payable under this section
SUBSECTION 8-ANALYSIS
This section states that compensation is payable for work carried out on land
that is approved but if the minister takes steps to purchase the land that
work has started on then compensation can be obtained under sub-section 1
of 17 which states that “ Where, on application made under Part I11 for
permission to carry out development of land, permission is granted by the
Minister subject to conditions, then if on a claim made to the Authority in the
manner prescribed by regulations under this Act, it is shown that the value of
the interest of any person in the land is less than it would have been if the
permission had been granted, or had been granted unconditionally, as the
case may be, the Authority shall(subject to the provisions of this Part) pay to
that person compensation (to be assessed in accordance with and subject to
the provisions of the Third Schedule) equal to the difference”. But with the
use of this act the value of the land can be decreased by allowing the
minister to only pay compensation for the work done on the land.
SECTION 22A
SUBSECTION 1-DIRECT EXTRACT
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“Where it appears to a local planning authority, the Government
Town Planner or the Authority that a development specified in
subsection (2) is unauthorized or is hazardous or otherwise
dangerous to the public, the local planning authority, the
Government Town Planner or the Authority, as the case may be,
shall serve or cause to be served on any of the persons specified in
subsection (3), a stop notice requiring that person to immediately
cease the development.”
SUBSECTION 1 ANALYSIS
Part 5 Section 22A, subsection 1 makes reference to the fact that; where
there is an unauthorized development which is deemed as hazardous and/or
dangerous by the local planning authorities where the guidelines are
stipulated in subsection (2).The local planning authorities within the planning
framework of Jamaica as the case may be shall serve or cause to be served
on any of the persons specified in subsection (3). The stop notice served will
require and instantaneous stopping of the particular development that is
taking place.
Example:
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Citizens and vendors of Yallahs on sent a representative to the St
Thomas parish council meeting to express their concerns regarding
the demolition of sections of the Yallahs market.
Tracy Parkinson, who represented the citizens and vendors, told the
council that they noticed that construction work was taking place on
the market, and became concerned when sections of the facility
were demolished, and vendors given notice to vacate the premises.
She said the vendors had nowhere to go, and some had begun to
use the sidewalk to display their wares and produce.
The mayor told the council that there was a clause in the lease
agreement stipulating that no extension or addition was to be done
to the premises without permission from the council, adding that a
stop notice had been served on the lessee. He said if this was
disregarded, then the matter would be reported to the police and
further legal action would be taken.
The mayor told Parkinson to inform the citizens that the council
understood their concerns, and would be doing everything to ensure
that the matter be dealt with expeditiously.
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(a)Which is being carried out in breach of a condition subject to
which planning permission was granted; or
SUBSECTION 2 ANALYSES
Example one
Based on the situation with Mr. Robinson and the Clarendon Parish
Council, the Council in its mandate of ensuring that all development
should be safe and free from hazards stop the building in it’s almost
complete state by serving a stop order because it poses serious
implications of accidents; with the building encroaching on the
neighbouring property and on the road. This could lead to lives
being lost. This is the same problems which leads the Planning
authorities to regulate building constructions and enforcing
development misconducts with jail time or fines.
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Example two
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and built an additional storey which was not a part of the original
agreement.
SUBSECTION 3 ANALYSES
As the three points state there are a number of different persons to whom a
stop noticed can be served. This is so done to ensure that one person is not
always the subject of a stop notice. Example: If the Town and Country
Planning Act only stipulated that the stop notice should be served to the
owner of the land, then the persons that is currently occupying [i.e. the
“occupier”] the land while the development is taking place would be
excluded from being served the stop notice. Also, “Any person engaged in
development” would also be excluded and in extension to “any other person
appearing to have an interest in the land” would also be excluded even if the
owner is not the one carrying out the “development”.
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“A stop notice shall state:-
SUBSECTION 4 ANALYSES
According to The Town and Country Planning Act, subsection 4, part (b) of
part 5, section 22A: A stop notice shall not exceed a period of ten days and
the period can be extended based on the approval of the local planning
authority, The Government Town Planner, or other planning-regulatory body.
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(a) On the premises where the relevant development is taking place
or has taken place; and
(b) In a court house, police station or other public place in the
parish in which the development is taking place or has taken place”
SUBSECTION 5 ANALYSES
2. In a court house
3. Police Station
Stop notices should be placed in public places in the parish in which the
development is taking place because it should be made known to the general
public and the relevant authorities that these developments are not to be
taking place and if they continue and one finds themselves being an
accomplice they should sever the relationship with person participating in
the development until they become legitimize; in which it would have gotten
permission from the local planning authority.
SUBSECTION 6 DIRECT EXTRACT
“Where a person suffers any loss resulting from the service of a
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Town Planner or the Authority, as the case may be, he expressly
alleges that the service of the notice was done without reasonable
allegation.”
SUBSECTION 6 ANALYSES
According to subsection (6) of part 5; provisions are made for monetary
compensation for persons in which stop notices are served. If the person can
prove that the stop notice that was issued by the planning authority, the
Government Town Planner or the Authority has resulted in the person
suffering any lost then the complainant can then request a trial to look into
the circumstances leading to them suffering losses. If the complainant
alleges that the services of the notice were done without reasonable or
probable cause then at the trial of such action he person can prove such
allegation at the trail then he/she will then gain monetary compensation for
the damages they suffer.
“Any person who fails to comply with a stop notice shall be cable on
less than twenty-five thousand dollars nor more than one million
SUBSECTION 7 ANALYSES
According to subsection (7) of part 5; If someone does not meet the terms of
the stop notice then they shall be legally responsible on charges of summary
conviction [i.e. summary conviction:- also known as a petty crime, is
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a criminal act in some common law jurisdictions that can be
proceeded with, summarily: without the right to a jury trial and/or
indictment (required for an indictable offence).] before a Resident
Magistrate which would fine the offender twenty-five thousand dollars
($25,000) to one million ($1,000,000). If the offender defaults on their
payment then they are subjected to imprisonment not going beyond six (6)
months.
SECTION 23
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notice under this section (hereinafter referred to as an
“enforcement notice”) .
SUBSECTION 1-ANALYSIS
If it is acknowledge to the Local Planning Authority, the Government Town
Planner or the Authority that a development of a land is being carried out
after a development order relating to such land without the permission
required then the relevant authorities may within in 12 years consider to
issue an enforcement or stop notice on the owner, occupier or any person
who has an interest in land.
1. (1A) where a stop notice is served under section 22A, the local
planning authority, the Government Town Planner or the
authority, as the case may be, shall serve an enforcement notice
within fourteen days of the service of the stop notice.
1A. If a Stop Notice is served under section 22A (where the development is
hazardous or is dangerous to the public) then the relevant authorities shall
serve a stop notice within 14 days.
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specified for restoring the land to its condition before the
development took place, or for securing compliance with the
conditions, as the case may be, and in particular any such notice
may, for the purpose aforesaid, require the demolition or
alterations of any buildings or works, the discontinuance of any
use of land, or the carrying out on land of any building or other
operations and shall state that any person upon whom an
enforcement notice is served is prohibited from continuing or
carrying out any development or operations or using the land in
respect of which the notice is served.
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SUBSECTION 23-PART 2(A)- ANALYSES
2A. When an enforcement notice is served under subsection 1 (the
permission for the development of the land) then the local town planner, the
planning authority and the Government town planner shall:
a) Have a copy of the enforcement notice to be posted in a place on the
land that the breach is carried;
b) Have a copy displayed in a conspicuous place such as a court house,
police station, post office, postal agency, or any other public space in
the parish of the development.
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SUBSECTION 23-PART 2(C)- DIRECT EXTRACT
2C: The government town planner, the local planning authority or the
relevant authority shall from time to time publish the list of the
enforcement notices in the daily newspaper in Jamaica.
(2D) In subsection (2B) (b) “interested persons” means the owner or
occupier of any premises abutting, adjoining or adjacent to the
premises in respect of which the enforcement notice is served.
occupier of the land whether adjoin or adjacent to the premises of which the
enforcement is served.
land., at the expiration of twenty eight days after the service there
(b) in any other case, at the expiration of three days after the
effect:
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(a) In the case of the discontinuous of material change of the use of the
service;
(b)In other case at the expiration of three days after the service.
cease.
effective.
SECTION 23A
SUBSECTION 1- DIRECT EXTRACT
(1) If any person on whom an enforcement notice is served
pursuant to section 23 is aggrieved by the notice, he may within
fourteen days of the service of the notice appeal against the notice
to the Minister, and the Minister may, subject to section 28A, hear
the appeal.
SUBSECTION 1-ANALYSIS
Subsection 1 states that a person who is served an enforcement notice is in
disagreement with the notice, may appeal to the minister within fourteen
days of being served the notice and the minister may hear the appeal
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SUBSECTION 2- DIRECT EXTRACT
SUBSECTION 2-ANALYSIS
Subsection 2 states that the payment of a fee is required from every person
SUBSECTION 3-ANALYSIS
Subsection 3 states that a minister has 90 days after hearing an appeal to
make a decision in accordance with the provisions of subsection 4.
(a) quash the notice if satisfied that permission was granted under
this Act for the development to which the notice relates, or that no
such permission was required in respect thereof, or, as the case
may be, that the conditions subject to which such permission was
granted have been complied with; or
(b) vary the notice if not so satisfied but satisfied that the
requirements of the notice exceed what is necessary for restoring
the land to its condition before the development took place, or for
securing compliance with the conditions, as the case may be; or
(c) in any other case, dismiss the appeal: Provided that where the
enforcement notice is varied or the appeal is dismissed, the Minister
may, if he thinks fit, direct that the enforcement notice shall not
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take effect until such date (not being later than twenty-eight days
from the determination of the appeal) as the Minister may specify.
SUBSECTION 4-ANALYSIS
Subsection 4 states that after hearing the appeal or reports from the
person(s) under section 28 A (1) (B), the minister may cancel the notice if
satisfied that permission was granted under this Act for the development to
which the notice relates, or that no such permission was required in respect
thereof, or, as the case may be, that the conditions subject to which such
permission was granted have been complied with; or differ the notice if not
so satisfied but satisfied that the requirements of the notice exceed what is
necessary for restoring the land to its condition before the development took
place, or for securing compliance with the conditions, as the case may be; or
in any other case, discharge the appeal: Provided that where the
he thinks fit, direct that the enforcement notice shall not take effect until
such date (not being later than twenty-eight days from the determination of
SUBSECTION 5-ANALYSIS
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SECTION 23B
If an enforcement notice is served, a person may appeal to the court who in turn
may grant an injunction. However, if the decision of the court is not to the person’s
1. Where
Act.
SUBSECTION 1-ANALYSIS
1. Where
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(a) An injunction or an application for such, may however only be applied for two
reasons. The first states that if the person in question fails to comply with the rules
provided in Section 23 within the specified time then an injunction may be made.
(b) The second may be applied if the relevant authorities consider it a necessity for
restraints to be made for any application that is in breach of the planning control
consideration is being made for exercising any other powers under the Act.
(2) On an application under subsection (1), the court may grant such
SUBSECTION 2-ANALYSIS
A court may grant an injunction as they see fit solely for the purpose of restraining a
breach
SUBSECTION 3-ANALYSIS
A court may grant an injunction to a person’s application if the identity of the
applicant is unknown.
SECTION 24
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SUBSECTION 1- DIRECT EXTRACT
discontinuance of any use of land) have not been taken, the local
planning authority may enter on the land and take those steps,
the person who is then the owner of the land, any expenses
SUBSECTION 1-ANALYSIS
According to section 5, subsection 24 of the Town and Country Planning Acts,
addresses the issues that may arise if one is served with an enforcement
notice by the Local Authority. The addresses this issue by outlining the
then; the Local Authority may take the initiative and perform the act
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stipulated by the act. That is, if they intervene in the matter and causes a
discontinuance of the act being performed. As for expenses for doing so,
they (the local authority) can recover it from the land owner in the Resident
Magistrate’s Court within that said parish. However, in such a case, the
of the act, in the section classified as ‘appeal 5’ which states that, ‘a person
after it is served’. The minister might then according to section 28 A, that is,
submit to him, for his determination, a written report of the findings and
Local Authority had to carry out the enforcement notice, then they lose this
privilege.
(2) Any expenses incurred by the owner or occupier of any land for
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at the request of the person by whom the development was
carried out.
SUBSECTION 2-ANALYSIS
Subsection 24-2, outlines that, it there is a fine liable to be paid by the owner
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liable on summary conviction before a Resident Magistrate to a fine
not exceeding five thousand dollars for every day on which the use
SUBSECTION 3-ANALYSIS
Subsection 24-3, states that, if an enforcement notice requires the
with, in respect to the use of land or any operations on it, then anyone,
without permission, under Part III, uses the land or grants permission for any
for a period less than or equal to twelve years. However, if the use is
liable to a fine of five thousand dollars for every day the use is continued and
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BIBLIOGRAPHY
Bryan, Julette. "Destroyed without example." The Gleaner 11 Dec. 2010. Print.
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