Intro. to Planning Law#7

8/8/2019 Intro. to Planning Law#7

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Introduction to Planning Law

A critical review of theSubdivision Approval

Process

Unit # 7



Objectives of research

This presentation is intended to review the operation

and management of the Subdivision Approval Process.

The aim is to gain a better understanding of theunderlying factors that causes long delays in granting

approvals. By critically analysing the approval

framework the intention is to provide some usefulrecommendations to improve the process.



What is Land?

“Land is the source of all material wealth. From it

we get everything that we use or value, whether it is

food, clothing, shelter, metal, fuel or precious stones.

We live on the land and from the land, and to the land

our bodies or our ashes will be committed when we die.

The availability of land is the key to human existence,

and its distribution and use are of vital importance.”

(S. R. Simpson, Land Law and Registration, 1976)



“Land is indeed a highly valuable commodity. I think

it was Mr. Mark Twain who said, addressing a class

of young people, “Young man, do not hesitate toget a piece of land if you can. They are not making

any more of it you know.””

(H. Duffus, the Duffus Report, 1976)

“Subdivision is the process of dividing a land parcel

into smaller parcels.”

(P. F. Dale & J. D. McLaughlin, Land Administration, 1999)



Types of Subdivisions

The division of land may be horizontal or it may be

vertical. Vertical Subdivision means a division along the

vertical extending from the earth’s surface upwards or

downwards. These subdivisions are primarily related to

high-rise buildings which are divided into strata.

Horizontal Subdivision means a division along a horizontal

plane extending outwards over the surface of the earth.These are more popular, particular in the rural areas where

an abundance of land can be found.



The picture above represents an example of a Vertical Subdivision.

Vertical Subdivision



The picture above represents an example of a horizontal subdivision.

Horizontal Subdivision



Section 5 Subsection 4 of the Local Improvements Act of 1914defines Subdivision as follows:

“ For the purpose of this Act a person shall be deemed to layout or

subdivide land for the purposes of building thereon or for sale, if he

sells or offer for sale any part of such land whereon a house or

other building may be erected, or if he shall form the foundation of

a house or other building thereon, in such manner and in such

position so that such house or other building will or may become

one of two or more houses or other building erected on such land.”

Legal Definition of Subdivision



Section 5 subsection 5 defines Sale as follows:

“For the purpose of this section i.e. section 5 subsections 4 sale

(with its grammatical variation and cognate expressions)

includes exchange, gift or other disposition affecting the

fee simple and lease for any term (including renewals

thereunder) or any letting or any licence whereby the land

may be used for building purposes; and also includes any

disposition affecting the leasehold interest under any such

lease as aforesaid.”

Legal Definition of Sale



The Act stipulates that a map (subdivision plan) should be deposited with the

Council (Local Planning Authority) showing the proposed layout before the

Subdivision is laid out on ground. It also states the requirements of the Map

(Subdivision Plan) as follows:

“Such maps shall be drawn to such scale and shall set forth all such

particulars as the Council (Local Planning Authority) may by regulations

prescribed and especially shall exhibit, distinctly delineated, all streets and

ways to be formed and laid out and also all lots into which the sand land

may be divided, marked with distinct numbers, and shall also show the

areas and shall if required by the Council be declared to be accurate by a

statutory declaration of a Commissioned Surveyor.”



The applicant must also deposit with the Council in respect to each

street and way as shown on the mentioned map the following:

• A specification showing how the streets or ways are to be

constructed.

• The nature, location and dimensions of the sewers, water pipes,

gas pipes and lighting mains, collectively called street works, to

be laid within the street boundaries. Such specifications may be

accompanied by plans and sections giving such details and

drawn to such scales as may be fixed in regulations prescribedby the Council.

• An estimate of the probable expenses of the street works being

done.



In addition to the Local Improvements Act one or more of

the following Statutes may affect an application for subdivision:

• Local Improvements (Communities Amenities) Act,

• Town and Country Planning Act,

• Parish Water Supply Act,

• Registration (Strata Titles) Act,

• Natural Resources Conservation Authority Act,

• Public Health Act,

• Fire Brigade Act



Problems with the existing approval framework

• Acceptance of incomplete applications by the Local PlanningAuthorities.

• Inconsistencies throughout the different Councils

• Commenting agencies has to conduct site visits

• NEPA has limited capability to comment within a reasonable time

on the processing of application.

• Applications are not dealt with until the applicant has paid the

required fees• Lengthy delay awaiting confirmation by Minister

• Applicants physically walk the application through the system, to

ensure the application is being processed



• Tracking the status of applications is manually done.

• Submission of inaccurate Subdivision Plans

• Poor location diagrams on the Subdivision Plan

• Inadequately trained staff within the Councils and Agencies,

• Insufficient staff within the Councils and Agencies,

• The poor work ethics of the staff within the Councils and

agencies,• The number of applications is too much for the capacity of the

agencies.

Problems continued……….



• The absence of the sharing of information between Government

agencies

• Urban vehicular access restrictions forced unto rural areas

• Consideration of quarter acre subdivision where allowed prior

to regulation

• effort should be made to facilitate the subdivision with the least

amount of infrastructure cost in the case of wills.

• A one rule fit all processes of subdivision approval cannot apply

• Where minor amendments are to be made the subdivision could

be approved conditionally as long as the change is adhered to.

• The National Works Agency (NWA) should formulate clear

guidelines governing their aspect of the process

Problems continued……….



NEPA receives application along with site inspectionreport & recommendation from the Local PlanningAuthority ( Parish Council).

NEPA assesses application forcompleteness.

NEPA and relevant Agencies review application at Subdivision

Committee Meeting and make recommendations.

NEPA’s Subdivision

Applications

Process

NEPA Technical Branch processes application,

including research & conducting site visits, if

necessary.

Produced by the National Environment and

Planning Agency ( NEPA)

May 2004

NEPA collates comments from relevant

Agencies.

NEPA returns incomplete application to LocalPlanning Authority.

NEPA circulates application to the relevant Agencies.

NEPA

NEPA prepares and dispatches recommendations

to the Local Planning Authority (Parish Council).

For subdivision applications 10 lots & more,NEPA informs that a permit is required.

If application is 9 lots

and under and less

than 5 acres.

If application is 10 lots

and over and 5 acres

and more.



Solutions to address challenges

1. The KSAC Initiative

2. Ministry of Local Government Initiatives

• Pilot project for delegated authority

Challenges to Pilot Project

a. NEPA’s Role

b. Imposition of additional Fees

3. The NEPA Initiative4. The LEGS and REGS Project Initiative

5. Office of the Cabinet Initiative



Customer Service/Enquiry

1 Applicant Requests information on how to

obtain subdivision approval

This request can be made by

telephone, walk-in or appointment.

This part of the process is notmandatory

2 Planning

Coordinator/Director

of

Planning/Superinten

dent of Roads and

Works

Informs the applicant of the

necessary documents required to

apply for a subdivision approval;

(application form and brochure is

provided)

The layout of Local Authorities lends

to situations where an applicant may

approach and receive information

regarding the approval process from

any of these persons. This may

create inconsistent information

presented to ApplicantsFormal Submission 1 day

3 Applicant Makes formal presentation of

subdivision application form,

subdivision details and proof of

ownership, tax certificates

4 Planning

Coordinator/Director

of

Planning/Superinten

dent of Roads and

Works

Checks application – Once

application has the stipulated

copies of plans, proof of

ownership, application form

completed and Tax Certificate, the

application is accepted

Some Local authorities may accept

applications that have not completely

met the requirements. This has led

to the applications being held in the

system awaiting additional

information The number of copies

required varies at Local Planning

Authoriti3es. This would include the

submission of six (6) to eight (8)

copies of the application and 22

copies of the plan for commentingagencies

Description of the Current Subdivision Application Process



STEP RESPONSIBLE

PERSON

DESCRIPTION REMARKS

5 Planning Coordinator/Director of

Planning/Superintendent of

Roads and Works

Calculate subdivision fees and write on Application

form

The calculation of fees is an extension

of the reviewing process; the

fees are structured and require

basic calculations. It is time

consuming and often

inconvenient to direct theApplicant to the office of the

Superintendent of Roads and

Works and then return to the

Planning Department.

However, Parish Council Bye

Laws sites the calculation of

fees as the responsibility of the

Superintendent of Roads and

Works. It is the practice of

some LPAs however, thatwhoever receives the

application will also calculate

the fees

6 Applicant Takes application and pays subdivision fee to cashier

7 Cashier Receives money and issue Council receipt to Applicant Fees are usually accepted in full and

there is no refund. It is left up

to the discretion of the LPA to

accept partial payment of fees

8 Applicant Presents the receipt along with application to the

Planning Coordinator; Applicant role ends

The applicant receives a copy of the

receipt as evidence that the

application is accepted



Processing and review of Application approx. 5-8 months

9 Planning Coordinator Prepares file; date stamps all the plans; inscribe

universal numbering system on each plan; logs

plan details in Planning register

Some councils also logs application

information to the computer

using Microsoft Excel

10 Planning Coordinator Sends application to Roads and Works department for

site investigation and initial comments, Fire

Brigade for site investigation and initial comment

Estimated Time: 1-2 days

11 Planning Coordinator Receives comments and send application to NEPA Estimated Time: 4-6 weeks

12 NEPA NEPA distributes to the relevant commenting agencies;

NEPA receives and collates comments and sendsto Local Planning Authority with

recommendation

Estimated Time: 5 days



STEP RESPONSIBLE

PERSON

DESCRIPTION REMARKS

13 Planning Coordinator Receives comments and recommendation from NEPA Estimated Time: 4-6 months

14 Planning Coordinator Compile comments and send to Superintendent of

Works and Director of Planning for review of

comments

15 Superintendent of Works Reviews files and examine comments and conditions; if

comments are incorrect returns application toNEPA; if comments and conditions are

acceptable the Director of Planning instructs the

Planning Coordinator to copy and send to Roads

and Works for addition of standard conditions

stipulated

Estimated Time: 1 day

16 Superintendent of Roads and

Works

Assess the conditions; prepare additional standard

conditions; returns file to Planning Unit


17 Director of Planning Instructs Secretary to prepare complete conditions for

Client

18 Planning Coordinator/

Director of Planning

Inspects document of conditions for client

19 Secretary/Planning Coordinator Send conditions to client for acceptance Estimated Time: 1-2 weeks



20 Applicant Receives condition; if conditions are viewed as

acceptable, return signed conditions to Local Planning

Authority. If client objects to conditions, sends letter to

the relevant referral Agency outlining objections

21 Director of Planning If conditions are accepted, retrieves files and related

documents from storage and places the signed

conditions on the file; prepares recommendation forapproval to take to Planning Committee. If conditions

are not accepted; send objections to the relevant

agency: go back to step 12

22 Director of Planning Submits recommendation for approval or referral to the

Physical Planning and Environment Committee (PPEC)

23 PPEC Reviews the recommendation for approval or referral Estimated Time; 1-4 weeks

24 Director of Planning/

Planning Coordinator

If application is approved prepares confirmation

documents with cover letter for Ministers attention;

confirmation documents include: application form,

subdivision plan, conditions, comments from NEPA and

other commenting agencies.

If application is refused, informs applicant. Applicant

may appeal




STEP RESPONSIBLE

PERSON

DESCRIPTION REMARKS

25 Planning Coordinator Registers documents in outgoing correspondence book

26 Director of Planning Informs applicant that application has been sent to the

Minister in charge of Planning for confirmation

(via letter)

Confirmation Phase approximately 2-4 months

27 Minister in charge of

Planning

Assesses the application and relevant documents and

makes decision for confirmation of approval or

refusal

Estimated Time: 4-6 weeks

28 Secretary Manager Receives confirmation instructions of Minister in charge Estimated Time: 4-6 weeks

29 Secretary Manager Sends confirmed instructions to the Director of Planning

30 Director of Planning Retrieves files and submit to PPEC for final approval

and affixing of seal

Some councils may also take the

document to general council

meetings

31 PPEC Grants approval

32 Director of Planning/


Prepares final document – letter of conditions for the

affixing of signatures and seal

The number of signatures varies

from Councils for e.g.

Trelawny obtains signature

from 4 assigned Councillors.

Hanover requires only the

signature of the Secretary

Manager

Estimated Time: 1-3 days

33 Planning Coordinator Issues approval to client Some councils also send copies to

land valuation department,

NEPA, and the Superintendent

of Roads and Works

Estimated Time: 1-2 weeks

34 Planning Coordinator File and register the plan according to the month of the

approval

SUBDIVISION APPLICATION APPROVAL PROCESS ENDS



Description of the Proposed Subdivision Application Process

ITEM RESPONSIBLE

PERSON

DESCRIPTION NOTE

The development Approval Assistant Centre

Pre-consultation Phase (Optional)

1 Director

Planning/Urban

Planner

a)Meet with applicant to discuss proposal.

b)Assess proposal based in Development Order, local

Parish plans and National Plan.

c)If proposal is feasible inform the applicant of the

process and the requirements to apply for a

subdivision approval (Applicant will be presented

with a complete INFORMATION PACKAGEoutlining the process for subdivision approval).

d)If the proposal is not feasible inform the applicant

that the application will not be accepted.

RECOMMENDATION:

That an appointment system is

established in the LPA in which the

applicant is afforded the opportunity

to attend a meeting with senior

officers during the pre-consultation

phase.INFORMATION APPLICATION

PACKAGE will include:

Subdivision form, information on

the process flow, commenting

agencies, approval time etc.



2 Urban Planner

Receives formal application Checks application for completeness and

technical accuracy.

USE STANDARD 2: SUBDIVISION CHECKLIST

If application is complete and technically correct:

1) date and stamp checklist

2) Access subdivision fees for payment and print

on application form for payment.

3) Instructs client to pay fee at cashier

If application is not complete or contains inaccurateinformation, returned to the applicant with

explanation.

RULE:

Applicants will be required tosubmit one set of hard copy

plan and one soft copy on

electronic medium preferably

CD or DVD.

(Until the web based tracking system

is fully integrated in all

relevant agencies, the LPA will

still request the submission of

22 copies of plan including thesoft copy).

RECOMMENDATION:

1) The responsibility for

calculating fees for

subdivisions should be given to

Urban Planner as a core

function.

It must be noted that the

development of a National Fee

Policy and the revised fee

structure might have

considerable impact on the fee

structure at LPA.



Formal Acceptance Phase

(The integration of AMANDA and The 90 day count down begins at this phase) 1 day

3 Cashier a) Receives checklist and payment from applicant.

b) Prepares receiptc) Issues receipt and checklist to applicant

d) Directs Applicant to the Planning Department.

RULE:

a) Cashier must receive signedchecklist before collecting fee.

4 Planning Coordinator Receives formal application with signed

checklist and receipt from applicant.

Input application Information including receiptinformation and uploads drawings to

AMANDA.

Amanda assigns Universal Number and

generous Acceptance Letter

Signs Acceptance letter

Dispatch or hand over to applicant

RULE:

All required fields must be

completed before Universal

Number and AcceptanceLetter is generated.

The acceptance letter will contain

the universal number and

relevant information. This will

be used as reference number

for the applicant to track the

progress or status of the

application.



Processing and review of Application 41 days

6 Planning Coordinator AMANDA assigns preparation of physical file to

Planning Coordinator.

Prepares physical file and logs plan details in

Planning Register inclusive of maps.

It is the intention that the public will

have access to application

information at a public

computer terminal installed at

the council or on Council

website.Estimated time: 2 days

7 Superintendent of

Roads and

Works and Fire

Department

a) AMANDA assigns preparation of Site

Inspection report to Superintendent of Roads

and Works and

b) Report on recommendations and conditions

from Fire department

a) Conduct site visit and makerecommendations;

b) Input reports to AMANDA

1. AMANDA assigns distribution task to Planning

Coordinator

USE STANDARD 3:

ASTANDARD CHECKLIST

FOR SITE VISIT TO BE

DEVELOPED.

It is recommended that the Fire

Department is prioritized to beequipped with an interface for

AMANDA to allow for ease of

communication, given their

role early in the process.

Site visit must be completed within

10 working days of acceptance

of application.

Estimated time: 10 days



8 Planning Coordinator a) Checks off in AMANDA the Referral Agencies

to which application must be sent.

b) AMANDA generates distribution letter for

Agencies from which comments are required.

c) Signs distribution letterd) Prepares package for distribution to NEPA and

other commenting and reviewing agencies.

(In the case of NEPA, information will be submitted

by AMANDA).

a) Dispatch application packages and registers

documents in outgoing correspondence book.

Information may be sent to agencies

via email, fax and hard copy.

It is the intention that all referral

agencies will be equipped with

the technology to interfacewith AMANDA and allow for

instant electronic receipt of

application.




9 Planning Coordinator a) Receives and collates comments received for

applications for referral agencies*

*recommended that the submission of comments

from agencies is also done electronically to

allow for easier input to AMANDA

a) Upload comments to AMANDA

b) AMANDA generates a master document of the

received comments

c) Assigns preparation of Technical Report to

Urban Planner.

RULE: All commenting agencies

must respond in twenty-one

(21) working days. NO-

RESPONSE will be viewed as

no comment and non-

objection from the agencies.

Planning Coordinator issues a

reminder after fourteen (14)

working days via email,

telephone and one written

reminder. After 21 working

days, the planning Coordinator

must prepare a report including

that of non response and submit

it with documents to IRC.

RECOMMENDATION:

The LPA requests that commenting

agencies send their comments

and a representative to sit on the

IRC and give verbal comments

on the plans for which the

comments were requested.

It is however recommended that when

a straightforward report is

provided representation from thecommenting agency is not

essential and will only be

required when such comments

are critical to the making of a

decision.

Recommends that comments are

submitted electronically.




10 Urban Planner a) Evaluates comments and conditions, if

comments are erroneous returns documents

to referral agency for correction.

If comments and conditions are acceptable:

a) Prepare Technical Report inAMANDA

AMANDA assigns to Director of planning for

review.

Technical report must be

completed in five (5)

working days.


11 Director of Planning a) Reviews and submits documents to the

internal Review committee (IRC) for review.

The Director of Planning must

report to the IRC) on non-

responses for comments

from the agencies.

Estimated time: 1 day



13 Secretary a) Takes and prepares the minutes of the

meeting


14

15

Director of Planning


A) Assess the minutes

b) Uploads recommendation to AMANDA

b) Instruct Planning Coordinator to prepare letter

of recommendation to the applicant for

signature

Letter will contain recommendation forapproval subject to conditions or

recommendation for refusal subject to

meeting of adjustment

a) AMANDA assigns preparation of

recommendation letters to Planning

Coordinator

a) Prepares recommendation letters in AMANDA

outlining the decision of the IRC

b) AMANDA generates letters for signature of Director of Planning





16 Director of Planning a) Reviews and signs recommendation letters Estimated time: 1 day

17 Planning Coordinator a) Dispatch to the Applicant for acceptance of

condition

The Applicant may

a) accepts special conditions

returns letters to the LPA

with signature inscribed to

indicate acceptance of

condition make adjustmentsand resubmit application

with adjustment;

b) disagrees a\with the conditions

and objects in writing

c) discontinue the application

process of condition

(Estimated time: 1 day



18 Planning Coordinator a) Receives letters of Acceptance or objection

from applicant

b) Scan letters

c) Uploads in AMANDA

a) AMANDA assigns assessment for Physical

Planning and Environmental/ Building

Committee (PPEC) meeting Director of

Planning

RULE

Applicant must respond within 10

working days of issuance of

notice.

Non-response will be deemed

failure to accept approval

and file will be closed.

RECOMMENDATION

Special arrangement is put inplace for applicants to

receive decision on time.

Recommended that options

for contact is added to the

Application form.




20 Planning Coordinator a) Prepares objection letter in AMANDA toapplicant

a) AMANDA generates letters for signature

This may be done electronicallyor manually

Estimated time 1 day

21 Director of Planning a) Signs objection letters for agencies Same day

22 Planning Coordinator b) Dispatches objection letter to relevant agencies

(returns to steps 8)

Same day

23 PPEC a) Makes decision for approval or refusal of

application

Estimated time:1 day

24 Secretary a) Takes and prepares the minutes of the meeting Estimated time:1 day

25 Director of Planning a) Assess the minutes

b) Uploads recommendation to AMANDAB) Instruct Planning Coordinator to prepare letter

of approval or refusal for signature

a) AMANDA assign preparation of approval

and refusal letters to Planning

Coordinator




26 Planning Coordinator If documents is approved

a) Prepares approval letter in AMANDA b) withattendant conditions for the affixing of

signature and seal

a) AMANDA generates approval letter

if applicants is refused,

a) prepares letters of refusal in AMANDA

b) Dispatch to applicant

Applicant may proceed to appealing the decision.

RECOMMENDATION: that the

legal requirement forsubdivision being confirmed

by Minister be relaxed and

final and Secretary/ Manager


27 Director of Planning A) Review approval letters and submits for signingto Secretary/ Manager and Mayor

b) Reviews refusal letter and sign


28 The honourable Mayor and

Secretary Manager

Signs letter Same day

29 Planning Coordinator a) Affix seal

b) Dispatch approval to applicant

c) Dispatch refusal to applicant

Same day



Ste

p

Findings Recommendation Requirements

1 Pre-construction Phase Development

Application Assistance CenterThere is need for a central point within

the LPAs for customer service

related matters

An Appointment System

Information given to the client should be

as complete as possible. Investors

are not always afforded the

opportunity to discuss their

applications in detail with thedirector of planning before making

a formal submission. Since it is

based on technical reviews that the

application is either accepted into

the system or rejected it is

important that adequate time or

opportunity is given to the

investors to discuss the issues of

concerns with technical personnelso as to ensure as far as is possible

that the technical documents

conform to the required standards

Short Term

That a Development AssistanceCenter “Help Desk” be

established to provide basic

information, and be a first point

of contact with applicants.

That an appointment system be

established in the LPA in which

the applicant is afforded the

opportunity to attend a meeting

with senior officers during thepre-consultation phase and at the

time of formal submission is

made

The requisite staff must be

available for the carrying out of

this task.



2 Application Pre-review Stage Numberof applications

Presently the LPAs request that 6 or 8

sets of applications and 22 copies of

the plane must be submitted for

subdivision applications

Calculation of Fees

Presently the Local Improvement Act

sites the calculation of fees as the

responsibility of the SuperintendentRoads and Works.

The calculation of fees is an extension of

the reviewing process; the fees are

structured and require basic

calculations. It is time consuming

and often inconvenient to direct the

Investor to the office of the

Superintendent of Roads and works,

and then return to the Planning and

Development Division

Upon the Roll out of AMANDAapplicants should be required to

submit one set of hard copy plans

and one soft copy CD

The responsibility for calculating

fees for sub divisions should be

given to the Urban Planner as core

function

A resolution must be passed incouncil to make the submission

of a soft copy legally binding;

May also require amendment to

section 5 of the LIA to include

the submission of soft copy.

Am MOU must be developed

between LPA and commenting

and referral agencies to obtain

agreement for the receipt of information via electronic

medium. The E transaction Act

allows for the acceptance of

electronic signature

Decision to be taken in council

to amend the job description of

the Urban Planner



7 Professional Standards and sanctions:

There are no standards relating to professionals who submit

plans for approval. Neither are there sanctions when

professionals repeatedly submit plans which are

subsequently found to be technical faulty

Standards should be established relating to the

acceptance of applications by the LPAs. For

example plans could bear the certification of

approved professional bodies. Repeated submissions

of faulty plans should render the professionals

suspended or disbarred for specific periods.

Penalties should be imposed for inaccurate ormisleading technical details on the prints. For

example, the application should be returned and the

fees already paid should be non-refundable.

Payments should be required for subsequent

resubmission of plans.

9 Commenting AgenciesThere is a need to standardize the time

frame and procedure for dealing with

the receipts of comments from

agencies

Processing and review of applicationPhase, Short- Medium Term

All commenting agencies must

respond in twenty-one (21) working

days. NO-RESPONSE will be viewed

as comment and non-objection from

agencies.

Obtain agreement of Council for the

formation of IRC and an agreement to

the timeframe for comments

Develop TOR of IRC

Develop MOU between agencies to

obtain agreement to participate on the

IRC



12 External Agencies

The LPA request that commenting

agencies send their written

comments and also that

representatives sit on the IRC

and give verbal comments on the

plans if required to do so

Recommendation for Approval

Phase Short Term

Representatives from the Local

and Regional Offices will be

required to sit on the Internal

Review Committee when

required.

18 Notification to applicant

There is an open ended timeline for

applicant to reply to the Local

planning Authority.

Approval of Application Phase

Short Term

Applicant must respond within

10 working days of the date of

issuance of notice.

Special arrangement be put in

place to ensure that applicant

are notified of the decision of

their application

Amendments made to the

Subdivision application to

ensure that option for receipt of application is available to the

Applicant

23 C fi i b h Mi i M di T



23 Confirmation by the Minister

Staffing of the Local Authorities

Currently the Planning Department of the

LPA is mandated to manage

development through planning and

control. However given the staff

limitations there is the tendency to

focus on development controlmatters. Even so this has passed a

challenge to the Department in

meeting its obligations. In

recognition of this the Local

Government Department developed

an organization structure for the

Planning Department in LPA which

would have addressed the capacity

issues with staffing. This structurerecommended that a Sustainable

Development Unit and a

Development Control Unit be housed

in the Planning Department wherein

an Urban Planner and Planning

Coordinator assigned to the

Development Control Unit.

Core tools such as Local Parish Plans and a

GIS for making informed decisions

to guide, manage and monitor local

development over a long-term basis

while ensuring that the finite

resources and assets are optimally

used is not available to most Council.

This is required to effect a successful

process flow which will be reliant on

information pertaining to managing

land development.

Medium Term

That Delegation of Authority is extended to

section 8 of the Local Improvement

Act, Thereby granting the authority to

the LPA to make final approval on

submission application 9 lots and

under. This would relax the need for

the confirmation exercise beingundertaken by the Minister. The

PPEC will make the final approval on

these applications to be signed by the

Mayor and Secretary/Manager

It is recommended that this

organization structure is implemented

within the Local Authorities to meet

the staff requirements for this new

process. Training Programme developed to

ensure that staffs are capable of

carrying out the duties required for

the task.

That there is a concerted efforts to

ensure that all LPA have developed

their Local Parish Plans

The implementation of a GIS system

is a necessity to augmenting the

application of the process flow

May require legislative amendment

to section B of the LIA; or the

institution of a special arrangement

to allow for this change in the

process



1. The institution of an optional but recommendedPre-consultation meeting.

2. The institution of a mandatory preliminary review.

3. The institution of an internal review committee.4. The transferring of the need to obtain confirmation

from the Minister to the Mayor.

5. The integration of a web based tracking and

documenting system.6. Establishing deadlines for receiving applications.

7. Establishing set dates for IRC and PPEC meetings.

Summary of recommended changes



Conclusion

With all the research being done to accept the successful aspects of the

initiatives and best practices that have being tried and proven and quickly

implement a workable improved system that address the issues of equipment,

technology and staffing in the short term while we try to address the issues of

Legislative reform and Local Government reform in the medium to long term.

Until it is clearly understood by the stakeholders in the approval process,

especially the service providers, that their commitments, responsibilities and

full participation to work are important for the success of the system and that

their efforts are vital to the economic, social and environmental developments

within this country, the change required will not happen.



Thank you for listening.

Date post:	10-Apr-2018
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Intro. to Planning Law#7

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