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UNIVERSITY OF TECHNOLOGY, JAMAICA

SCHOOL OF BUILDING AND LAND MANAGEMENT

FACULY OF THE BUILT ENVIRONMENT

URBAN AND REGIONAL PLANNING

MODULE: PLANNING LEGISLATION

ANALYSIS AND INTERPRETATION OF:

TOWN AND COUNTRY PLANNING ACT-PART V:

REVOCATION AND MODIFICATION OF PERMISSION TO

DEVELOP AND ENFORCEMENT OF PLANNING CONTROL

GROUP MEMBERS:

NAMES ID#

Burrell, Jennylin 0800883

1
Franklin, Rohan 0800542
Gray, Shawna 0800882
0501579
Hylton, Mario
Labbon, Shannon 0800541
Smith, Nicoy 0701392
Tate, Georgia 0703157
Williams, Chelsea 0803009

AKNOWLEDGEMENT

The members of group four acknowledges God as The Supreme

Being and the Guiding Light in furnishing them with the

knowledge and understanding in carrying out and in completing

the course work at a high standard and on time. He was

instrumental in giving up the though process in analysis the

Town and Country Planning Act (TCPA) and also in analyzing the

TCPA and making practical assessments and comparisons.

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The members of group four appreciates Mrs. Perkins, in her

continuous strides in brining across the coursework in an

interesting manner and guiding the members of the group in

understanding what needs to be done and brining practical

examples which were appreciated by the members of the group.

The members of group four worked as one unit bridging the

gasps between personalities and varying perspectives in the end

achieving the goal of putting together the final project.

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

had amendments up to 1999. Enforcement of planning laws in Jamaica can

be described as complex, technical and challenging and in fact it is often

seen as one of the weakest areas in terms of implementation of planning

laws all across the world and here in Jamaica.

An effective enforcement process of planning controls should seek to:-

� Bring an offending activity within planning control;

� Remedy or mitigate its undesirable effects; and

� Punish or deter the wrongdoer.

� It should be a system that operates fairly and should aim for speed, clarity

and cost effectiveness.

Planning is a dynamic process. At the heart of planning is the development

plan and the definition of development under the Act.

Development Orders prescribe the type of development which may take

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

development orders promulgated in Jamaica.

If a development is carried out in an area not under a development order no

planning permission is required and no enforcement action can be taken

under this Act.

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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

value of the interest the person has in the

Land to be less than if permission is granted compensation should be

payable subject to the

Exceptions provided in the Act.

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SECTION 22
SUBSECTION 1-DIRECT EXTRACT

22.--(1) Subject to the provisions of this section, if it appears to the


local planning authority that it is expedient, having regard to the
provisions of the development order and to my other material
considerations that any permission to develop land granted on an
application made in that behalf under Part 111 should be revoked or
modified, they may by order revoke or modify the permission to
such extent as appears to them to be expedient as aforesaid:

Provided that no such order shall take effect unless it is confirmed


by the Minister and the Minister may confirm any order submitted
to him for the purpose either without modification or subject to
such modifications as he considers expedient.

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-DIRECT EXTRACT

(2) Where a local planning authority submit an order to the Minister


for his confirmation under this section, that authority shall serve
notice on the owner and on the occupier of the land affected by the
order; and if within such period as may be prescribed in that behalf
in the notice (not being less than twenty-eight days from the
service thereof) any person on whom the notice is served so
requires, the Minister shall before confirming the order, afford to
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him, and to the local planning authority, an opportunity of
appearing before and being heard by a person appointed by the
Minister for the purpose.

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-DIRECT EXTRACT

(3) The power conferred by this section to revoke or modify


permission to develop land may be exercised-
(a) Where the permission relates to the carrying out of building or
other operations, at any time before those operations have been
completed;
(b) Where the permission relates to a change of the use of any land,
at any time before the change has taken place:
Provided that the revocation or modification of permission for the
carrying out of building or other operations shall not affect so much
of those operations as has been previously carried out.

SUBSECTION 3-ANALYSIS

(3) The power bestowed by this section to revoke or modify permission to


develop land may be exercised-
(a) Where the authorization for the purpose for carrying out of the
construction or other operations, at any time before those operations have
been consider finish or completed;

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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-DIRECT EXTRACT

(4) Where permission to develop land is revoked or modified by an


order made under this section, then if, on a claim made to the
Authority within the time and in the manner prescribed by
regulations under this Act, it is shown that any person interested in
the land has incurred expenditure in carrying out work which is
rendered abortively the revocation or modification, or has otherwise
sustained loss or damage which is directly attributable to the
revocation or modification, the Authority shall pay to that person
compensation in respect of that expenditure, loss or damage :
Provided that no compensation shall be payable under this
subsection in respect of loss or damage consisting of the
depreciation in value of any interest in the land by virtue of the
revocation or modification.

SUBSECTION 4-ANALYSIS

Where approval to develop land is revoked or modified by an order made


under this section, then if, on a claim made to the Local Planning Authority
within the time and in the manner prescribed under this Act, it is shown that
anyone who have in the land has incurred a cost in carrying out work which
is rendered abortive by the revocation or modification or has otherwise
sustained loss or damage which is a direct result of the revocation or
modification, the Authority should pay to that person compensation in
respect of that cost, loss or damage:
Given that no compensation shall be payable under this subsection in
respect of loss or damage consisting of the loss or depreciation in the value
of any interest has a result of revocation or modification.

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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-DIRECT EXTRACT

(6) Where permission for the development of land granted by a


development order has been withdrawn, whether by the revocation
or amendment of the order or by the issue of directions under
powers in that behalf conferred by the order then, if, on an
application made in that behalf under Part I11 permission for that
development is refused or is granted subject to conditions other
than those previously imposed by the development order, the
provisions of subsections (4) and (5) shall apply as if the permission
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granted by the development order had been granted by the local
planning authority under Part 111 and had been revoked or
modified under subsections (l), (2) and (3).

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-DIRECT EXTRACT

(7) Where the permission which is revoked or modified by an order


under this section is permission such as is mentioned in subsection
(1) of section 17 the provision of that section shall apply as if for
references therein to the refusal of the permission or the imposition
of conditions on the grant thereof there were substituted references
to the
revocation of permission or the modification thereof by the
imposition of conditions and subsection (1) shall have effect as if for
the words “if the permission had been granted, or had been granted
unconditionally” there were substituted the words “if the
permission had not been revoked or had not been modified”.

SUBSECTION 7-ANALYSIS

In this section if the permission for a plan is revoked or modified by an order


under this section. The new changes will not apply to the plan that had
different guideline meaning new restrictions cannot be added to a plan that
was already passed or revoked before those new guidelines were added. This
is only if the plan cannot affect the public.

SUBSECTION 8-DIRECT EXTRACT

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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.

Serving a stop notice to persons or organizations that participates in illegal


or unauthorized development is geared towards ensuring that persons get
approvals that conforms to the building codes and other regulatory
guidelines that would put persons less at risk in terms of them facing hazards
and other forms of danger which would be detrimental to them and others
that might come to use the facilities that is under development.

Example:

Using a real life experience is an article published by the Gleaner on


December 11, 2010, Entitled “Destroyed without notice” written by
Julette Bryan.

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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.

Mayor of Morant Bay, Hanif Brown, explained that the market


belonged to the council but was leased to the Paul Bogle
Foundation, which had submitted a plan to refurbish the facility. He,
however, noted that the plan had not been agreed upon or
approved by the council.

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.

SUBSECTION 2- DIRECT EXTRACT

“A development referred to in subsection (1) is a development-

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(a)Which is being carried out in breach of a condition subject to
which planning permission was granted; or

(b) Which is being carried out without the grant of planning


permission.”

SUBSECTION 2 ANALYSES

According to subsection (2); Development which is deemed unauthorized;


firstly is based on the fact that no planning permission was given to the
development that is carried out and secondly; a development which is being
carried out in breach of a condition subject to which planning permission was
given.

Example one

While doing my internship at the Clarendon Parish Council I had the


pleasure of attending a Hearing in which Mr. Robinson was served a
stop notice for building a Plaza in Upper Clarendon. Mr. Robinson
was almost done with construction of the building which he did not
get planning approval. The building had several violations, namely;
it is encroaching on the neighbouring property, and on the road.
Also, the building had several elements which were in contradiction
to the Land title. However Mr. Robinson told the Judge that it is his
land so he was of the view that he can do whatever he wants with it.

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

There is also another popular situation that speaks to Part 5


subsection 2 part (a).

In an article published August 13, 2008, it shed light on the


situation that the St James Parish Council was facing.

St James local government officials complained at first that


buildings in the flight path of Montego Bay's Sangster International
Airport surpassed the heights set by the island's aviation regulatory
authorities.

It was originally assumed that the breaches were minor, involving


only decorative parapets that took some building marginally above
the regulated heights.

It later emerged that some buildings on the property carried fourth


floors that were not on the plans formally approved by the Montego
Bay local government, although they appeared on the building plans
used by Riu and signed by a parish council official.

Jamaican authorities ordered the unapproved floors demolished,


deepening a contentious public debate over what is perceived in
some circles as a hostile reception by some domestic players to the
entry of Spanish competitors into the island's tourism industry.

But Montego Bay's mayor and council, Charles Sinclair, was


surprised at the advertising of an opening date, while his agencies
were still carrying out inspections to determine whether there was
full compliance with its demands.

They removed an entire fourth floor of building, (and) there were


adjustments on others. A resubmission (of the building plans) was
made, which was considered by the relevant authorities, including,
National Environment and Planning Authority.

Where example one shows an example where no permission was


given, while example shows where planning permission was given
for the building on the new Spanish hotels, they were given
permission to build up to two floors but then breach the permission

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and built an additional storey which was not a part of the original
agreement.

SUBSECTION 3- DIRECT EXTRACT

“The persons on whom a stop notice may be served are-


(a) The owner or occupier of the land where the development is
taking place or has taken place; or
(b) Any person who is engaged in the development; or
(c) Any other person appearing to have an interest in the land.”

SUBSECTION 3 ANALYSES

The persons on whom a stop notice may be served are:

1. The owner or the occupier of the Land where on the development is


taking place or has taken place; or

2. Any person engaged in development; or

3. Any other person appearing to have an interest in the land.

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”.

SUBSECTION 4-DIRECT EXTRACT

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“A stop notice shall state:-

(i) The name of the person to whom it is directed,


(ii) The basis on which the stop order is made;
(iii) The address on which the development is taking place or has
taken place;
(iv)The nature of the development;
(v) That the notice takes effect from the time it is served; and
(vi)The period for which the notice is effective;
(b) Shall be for a period not exceeding ten days and may be
extended for such further periods as the local planning authority,
the Government Town Planner or the Authority may determine.”

SUBSECTION 4 ANALYSES

According to sub-section 4; a stop notice should ensure it has on vital


information pertaining to the situation and the individual in which it is being
served. If the information are not present on the stop notice then the stop
notice would prove ineffective when it is served if it has on the incorrect
name; i.e. not the name of the person to whom it is directed, wrong address
on which the development is taking place or has taken place, have an
incorrect basis on which the stop order is made, also, if the notice does not
take effect from the time it is served and furthermore; the time for which the
notice is effective is not clearly stated. It is of utmost importance that the
criteria mentioned are done to the best of knowledge and without ambiguity
in the information on the stop notice.

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.

SUBSECTION 5-DIRECT EXTRACT

“(5) Where a stop notice is served on a person referred to in


subsection (3), a copy thereof shall be posted in a conspicuous
place-

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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

Subsection 4 states that where a stop notice is served on a person, which is


referred to in subsection (3), a copy of the stop notice should be placed in a
noticeable place. The stop notice can be placed in:

1. On the premises where the development is taking place or has taken


place.

2. In a court house

3. Police Station

4. Other public places in the parish in which the development is taking


place.

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

stop notice, compensation shall only be payable where in any action

brought by him against a local planning authority, the Government

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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

or probable cause and at the trial of such action he proves such

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.

SUBSECTION 7 DIRECT EXTRACT

“Any person who fails to comply with a stop notice shall be cable on

summary conviction before a Resident Magistrate to a fine of not

less than twenty-five thousand dollars nor more than one million

dollars or in default of payment to a term of imprisonment not

exceeding six months.”

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

SUBSECTION 1- DIRECT EXTRACT

(1) If it appears to the local planning authority, the Government


Town Planner or the Authority that any development of land has
been carried out after the coming into operation of a development
order relating to such land without the grant of permission required
in that behalf under Part III, or that any conditions subject to which
such permission was granted in respect of any development have
not been complied with, then subject to any directions given by the
Minister and to subsection (lA), the local planning authority, the
Government Town Planner or the Authority may within twelve years
of such development being carried out, if they consider it expedient
so to do having regard to the provisions of the development order
and to any other material considerations, serve on the owner and
occupier of the land and any person who carries out or takes steps
to carry out any development of such land and any other person
concerned in the preparation of the development plans or the
management of the development or operations on such land a

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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.

SUBSECTION 23-PART (1A)- DIRECT EXTRACT

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.

SUBSECTION 23-PART (1A)- ANALYSES

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.

SUBSECTION 23-PART 2- DIRECT EXTRACT

2: An enforcement notice shall specify the development which is


alleged to have been carried out without the grant of permission
as aforesaid or, as the case may be, the matters in respect of
which it is alleged that any such conditions as aforesaid have not
been complied with, and may require such steps as may be
specified in the notice to be taken within such period as may be so

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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.

SUBSECTION 23-PART 2- ANALYSES

When an enforcement notice is served or carried out then it shall state


clearly the steps, the period, and the reason for the notice. If any
development has being carried out after the notice is issued then the notice
may require the demolition of any alteration or the discontinuance of any use
of the land and any development on the land.

SUBSECTION 23-PART 2(A)- DIRECT EXTRACT

2A. Where an enforcement notice is served under subsection 1, the


local planning authority, the Government Town Planner or the
Authority, as the case may be, shall-
(a) must a copy of the enforcement notice to be posted in a
conspicuous place on the development or on the land where the
development is being carried on;
(b) cause a notice in accordance with subsection (2B) to be
displayed in a conspicuous place in a court house, police station,
post office, postal agency or other public place in the parish in
which the development is taking place or h s taken place.

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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.

SUBSECTION 23-PART 2(B) - DIRECT EXTRACT

(2B). The notice referred to in subsection (2A) (b) shall


(a). contain information as to the place where an enforcement
notice may be inspected and a copy obtained,
(b) That any interested person may make representations in
respect of the enforcement notice to the local planning authority,
the Government Town Planner or the Authority.

SUBSECTION 23-PART 2(B)- ANALYSES

2B. The notice referred to in subsection 2B (stop notice) shall contain


information such as:
(a) The place where the notice shall be served and the place where it is
inspected and copy obtained;
(b)Any interested persons may represent in respect of the enforcement
notice to the Government town planner and the local planning
authority.

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SUBSECTION 23-PART 2(C)- DIRECT EXTRACT

(2C) The local planning authority, the Government Town Planner or


the Authority, as the case may be, shall from time to time cause a
list of enforcement notices to be published in a daily newspaper
circulated in Jamaica.

SUBSECTION 23-PART 2(C)- ANALYSES

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.

SUBSECTION 23-PART 2(D)- DIRECT EXTRACT

2D: In subsection (2B) b (Interested persons) this means the owner or

occupier of the land whether adjoin or adjacent to the premises of which the

enforcement is served.

(3) Subject to section 23A, an enforcement notice shall take effect

(a) in the case of the discontinuance of material change of use of

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

service there In respect to section 23A, an enforcement notice shall take

effect:

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(a) In the case of the discontinuous of material change of the use of the

land ( that is from residential to agricultural) after 28 days after the

service;

(b)In other case at the expiration of three days after the service.

Provided that where an appeal is pursuant to section 23A, any

development to which the enforcement notice relates shall

cease.

If an appeal is lodged by the owner or occupier in respect to section 23A,

then any development to which the notice relates shall no longer be

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

subject to section 28A.

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SUBSECTION 2- DIRECT EXTRACT

(2) Every person who lodges an appeal pursuant to subsection (1)


shall, at the time of lodging the appeal, pay the prescribed fee.

SUBSECTION 2-ANALYSIS

Subsection 2 states that the payment of a fee is required from every person

who lodges an appeal relating to subsection 1.

SUBSECTION 3- DIRECT EXTRACT

(3) The Minister shall, within ninety days of the hearing of an


appeal, make a determination in accordance with the provisions of
subsection (4).

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.

SUBSECTION 4- DIRECT EXTRACT


(4) On hearing an appeal or upon receipt of the findings of the
person or persons under section 28A (1) (b), the Minister may

(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

enforcement notice is varied or the appeal is dismissed, the Minister may, if

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

the appeal) as the Minister may specify.

SUBSECTION 5- DIRECT EXTRACT

(5) A person who is aggrieved by a decision of the Minister may appeal


against that decision to the Court of Appeal.

SUBSECTION 5-ANALYSIS

Subsection 5 states that a person may appeal to the Court of Appeal if

he/she is in disagreement with the minister’s decision.

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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

liking, they may make an appeal to the Court of Appeals.

SUBSECTION 1- DIRECT EXTRACT

1. Where

(a) A person on whom an enforcement notice is served under

section 23 fails to comply with the provisions of that notice

within the period specified therein; or

(b) A local planning authority, the Government Town Planner

or the Authority , as the case may be , considers it necessary

or expedient for any perceived breach of planning control to

be restrained, the local planning authority, the Government

Planner or the Authority, as the case maybe , apply to the

court of an injunction, whether or not they have exercised or

are proposing to exercise any of their other powers under this

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

regulations or if such authority may apply for an injunction whether any

consideration is being made for exercising any other powers under the Act.

SUBSECTION 2-DIRECT EXTRACT

(2) On an application under subsection (1), the court may grant such

injunction as the court thinks appropriate for the purpose of

restraining the breach.

SUBSECTION 2-ANALYSIS
A court may grant an injunction as they see fit solely for the purpose of restraining a

breach

SUBSECTION 3- DIRECT EXTRACT

(3) Rules of Court may provide for such injunction to be issued

against a person whose identity is unknown.

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

If within the period specified in an enforcement notice, or within

such extended period as the ld planning authority may allow, any

steps required by the notice to be taken (other than the

discontinuance of any use of land) have not been taken, the local

planning authority may enter on the land and take those steps,

and may recover as a simple contract debt in the Resident

Magistrate’s Court of the parish in which the land is situated, from

the person who is then the owner of the land, any expenses

reasonably incurred by them in that behalf; and if that person,

having been entitled to appeal to the Minister under section 23A,

failed to make such an appeal, he shall not be entitled in

proceedings under this subsection to dispute the validity of the

action taken by the local planning authority upon any ground

which could have been raised by such appeal.

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

actions to be taken if such a situation occurs.

Subsection 24-1, outlines that, if one is served with an enforcement notice,

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

entitled owner of the land may be privileged to an appeal, under section 23 A

of the act, in the section classified as ‘appeal 5’ which states that, ‘a person

can appeal an enforcement notice if they are aggravated by it within 14 days

after it is served’. The minister might then according to section 28 A, that is,

in such an instance, the minister may, if he sees fit appoint a person or

persons- to hear, receive and examine the evidence in an appeal and to

submit to him, for his determination, a written report of the findings and

recommendations within twenty one days of hearing such evidence; if the

Local Authority had to carry out the enforcement notice, then they lose this

privilege.

SUBSECTION 2- DIRECT EXTRACT

(2) Any expenses incurred by the owner or occupier of any land for

the purpose of complying with an enforcement notice served

under subsection ( 1 ) of section 23 in respect of any

development, and any sums paid by the owner of any land

under subsection (1) in respect of the expenses of the local

planning authority in taking steps required to be taken by such

notice, shall be deemed to be incurred or paid for the use and

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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

or occupier of the land, in respect of complying with the enforcement order,

then the they are liable to be compensated by the developer under

subsection 1 of section 23 in regards to ant development, that which was

carried out without permission.

SUBSECTION 3- DIRECT EXTRACT

(3) Where, by virtue of an enforcement notice, any use of land is

required to be discontinued, or any conditions are required to be

complied with in respect of any use of land or in respect of

the carrying out of any operations thereon, then if any person,

without the grant of permission in that behalf under Part 111,

uses the land or causes or permits the land to be used, or

carries out or causes or permits to be carried out those

operations, in contravention of the notice, he shall be guilty of an

offence and liable on summary conviction before a Resident

Magistrate to a fine not exceeding twenty-five thousand dollars, or

in default of payment to imprisonment with hard labour for a term

not exceeding twelve months, and if the use is continued after

the conviction, he shall be guilty of a further offense and 1611993

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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

is so continued, or in default of payment, the resident magistrate

shall make an order of the interest in the land to be forfeited to

the Crown, and if the use is continued after the second

conviction, he shall be guilty of a further offence and on

summary conviction before a Resident Magistrate the interest in the

land shall be forfeited to the Crown.

SUBSECTION 3-ANALYSIS
Subsection 24-3, states that, if an enforcement notice requires the

discontinuance of any use, or any conditions are required to be complied

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

operation in contravention of the notice, is guilty of an offence and liable on

summary conviction before a Resident Magistrate to a fine of twenty five

thousand dollars or in default of payment; which is also outlined in the

enforcement notice in section 8 as a penalty, imprisonment with hard labour

for a period less than or equal to twelve years. However, if the use is

continued after the conviction, he shall be guilty of a further offence and

liable to a fine of five thousand dollars for every day the use is continued and

the land will be given to the crown.

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BIBLIOGRAPHY

Town and Country Planning Act (1957)

Bryan, Julette. "Destroyed without example." The Gleaner 11 Dec. 2010. Print.

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