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Physical Planning Act (No. 6 of 2003)

This act regulates the development  of land for planning and connected purposes and  the construction of buildings in Antigua and Barbuda.  It incorporates information and public participation provisions.

Highlights

Active transparency (Section 77)

Register of planning and associated decisions: Any person who so requests shall be provided by the Town and Country Planner with a copy of any entry in the register upon payment of the prescribed fee.

Participation in activities and projects (Section 23)

The Authority shall take into account any representations made by a person with regard to the application or the probable effect of the proposed development.

Participation in plans, programmes and policies (Sections 9, 11, 12 and 53)

Development plans: A proposal for the preparation of a development plan shall include proposals for obtaining representations from persons likely to be affected by or likely to wish to submit representations and views on the proposed plan during the course of its preparation and proposals for the review ofthe plan by sectoral agencies and private sector representatives. The Town and Country Planner shall give notice in the Gazette of the depositing of a draft development plan, and of the places where it may be examined, and shall give such other publicity to and written or oral explanation of the draft development plan as, in the Town and Country Planner's opinion, is best calculated to inform all persons affected or likely to be affected by the proposals in the draft development plan, and all persons of the right to make representations with regard to the proposals in the draft development plan. Prior to submission of the development plan to the Minister, the Town and Country Planner shall hold one or more public meetings on the draft development plan or on any part thereof at such times and places as the Minister may-direct publishing in the Gazette and, if it appears to be fit, in any other news media the notice of the public meeting. Any person may make oral representations on the draft development plan to the Town and Country Planner and a record of the proceedings of any such public meeting shall be kept by the Secretary of the Authority, a copy of which shall be furnished to the Minister as soon as is practicable thereafter. Any person may, at within eight weeks of the publication in the Gazette of the notice, make written representations on the draft development plan to the Town and Country Planner. The written representations and comments made shall be considered. The Minister may accept the draft plan or require further consultations. When a development plan has been approved by Parliament a copy of it shall be deposited at the offices of the Development Control Authority, and the substance of the plan shall be publicized in the area or areas to which it applies, in such manner as the Minister may direct. Copies of a plan shall be available for inspection and purchase, at all reasonable times at the offices of the Development Control Authority, at such price as may be prescribed. 

Environmental protection areas: Before finally determining whether to recommend to the Minister that any area should be declared an environmental protection area, the Town and Country Planner shall (a) take such steps as in its opinion will ensure that adequate publicity is given to its proposals in the area to which the proposals relate; (b) provide persons living and working in the area and any other persons interested in the area with an opportunity of making representations and comments on the proposals; (c) consult with the Minister responsible for the environment and any other person, body or authority who appears appropriate as being interested in or having special knowledge on environmental matters; (d) receive and take account of the representations and comments received on the proposals. In determining whether it is desirable to declare any area an environmental protection area the Minister shall have regard to - (a) the survey prepared under subsection (1); (b) any representations or comments submitted by any person, body or authority on the proposals; (c) such of the following matters as may be relevant to the area such as the characteristics, circumstances and interests of the people living and working in the area. 

Right to appeal (Part IX)

An Appeals Tribunal is established to hear and determine appeals filed by any applicant, or person other than an applicant, whose interest in land may be affected by a decision of the Authority if dissatisfied with such a decision. A procedure at public inquiries is foreseen and a record of all public inquiries shall be kept.

Date

24/03/2003

Last reform

26/10/2016

Type

Laws and regulations