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ANALYSIS &
INTERPRETATION
OF SECTION 10-12
OF THE TOWN &
COUNTRY PLANNING
ACT
DEVELOPMENT ORDER & ITS EFFECTS
GROUP MEMBERS:
KARYLL BEECHER
MARIO ANDERSON
MIKHAIL DOUSE
KHAN WALTERS
ANEISHA SAMUELS
NICKESHIA LINDSAY
QUIJANO GRANT
GARCIA WILSON
Table of Contents
Introduction..........................................................................................................................3
PART 3 Section 10 (1) A,B,C,D.........................................................................................4
PART 3 Section 10(2) (3) A, B...........................................................................................5
PART 3 Section 10(4) 11 (1) & (1A)..................................................................................6
PART 3 Section 11(2) A & B..............................................................................................7
PART 3 Section 11(3) A & B..............................................................................................8
PART 3 Section 11 (3) C, D, E...........................................................................................9
PART 3 Section 11 (4) & 12 (1) & (1A)...........................................................................10
PART 3 Section 12(2).......................................................................................................11
Conclusion.........................................................................................................................12
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Introduction
This group was given the task to interpret and analyze Section 10- 12 of the Town and
Country Planning Act. This section of the act focuses on the creation and effects of
specification under which development can take place. The Town and Country Planning
Act, in itself, provide guidelines as to the creation and effective use of development
orders.
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PART 3 Section 10 (1) A,B,C,D
This section deals with the contents and effects of development orders. It states that every
a) Clearly define the area which it relates to e.g. geography, population etc..
b) Must contain provisions to facilitate the development of land within the area, that
Town and Country Planning Act goes on to state that any confirmed development
order must make provisions for any matter mentioned in the Second Schedule e.g.
d) The development order must grant permission for development of land in the area
Provided that, that type or class of development is provided for under the
development order.
Order.
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PART 3 Section 10(2) (3) A, B
2. Part 3, Section 10, Sub section 2 of the Town and Country Planning Act states
3. A) Part 3, Section 10, Sub section 3, Part A of the Town and Country Planning
Act states that where planning permission is granted to erect, alter or extend any
building, the developer must seek the approval of the local planning authority
B) Part 3, Section 10, Sub section 3, Part B of the Town and Country
Planning Act states that where planning permission is granted for any specified
class, the Town and Country Planning Authority as well as the local authority
(parish council/KSAC) has the power to ensure that the permission that has been
granted shall not apply ANY development in any particular area. This means it
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PART 3 Section 10(4) 11 (1) & (1A)
4) Any act which exists prior to this act will not be applicable. If any act exists after
this act such as bylaws, then those ought to be observed. That is to say this act takes
precedence.
1A) Where an application under subsection 1 falls under the auspice of section 9 of
ii) the NRCA has signified its intention in writing to grant a permit.
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PART 3 Section 11(2) A & B
A. to regulate development or control land use. This occurs in situations where the
local planning authority makes the decision on whether or not to grant permission,
while bearing in mind the development that has been authorized by the
permission;
B. where there needs to be removal of any buildings or works or where there needs
to be change of use or the carrying out of works to reinstate land to some previous
form.
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PART 3 Section 11(3) A & B
The development order regulates the manner in which applications for permission to
develop land are dealt with by the Parish Councils and the K.S.A.C.
permission.
B. There are instances where there might be areas which are not covered by the order
and in such instance the Prime Minister can authorize the parish councils and the
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PART 3 Section 11 (3) C, D, E
C. Directions has to be given by the Minister or stated by or in the order before any
development may be referred to the local planning authorities for them to grant or
D. When an applicant seeks permission from the local planning authority, the time
the application will take to process and the manner in which it is handled will be
E. The local Planning authority should supply the Minister and other persons with
any information regarding applications for permission made to them and also the
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PART 3 Section 11 (4) & 12 (1) & (1A)
4. According to this section of the Town and Country Planning Act, the
parish council and the K.S.A.C. should keep a register containing all pertinent
12. (1). Parish councils and the corporation may not act independently of the Town
(1A). Applications which seek permission by the councils that are not in
accordance with the Development Order must be referred to the Town and
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PART 3 Section 12(2)
12. (2). Upon the reference of an application to councils that was restricted, the
these documentations should be available for scrutiny at anytime; the councils can
decide upon cancellation as it applies; This ensures that both the council and
applicant has the opportunity to argue their case before legal counsel.
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Conclusion
In analyzing these portions listed in the Town and Country Planning Act, it is now clearer
how a development order is an effective tool used to fuel or guide development. When
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