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Physical Planning and Development Act (No. 29 of 2001)

The Act makes provisions for the development of land, the assessment of the environmental impacts of development, the grant of permission to develop land and for other powers to regulate the use of land, and for related matters in Saint Lucia.

Highlights

Active transparency (Section 47)

The Head of the Physical Planning and Development Division shall maintain a register containing particulars of (a) any application for permission to develop land, including the name and address of the applicant, the date of the application and the development forming the subject of the application; (b) the date and effect of any decision made in respect of any such application; (c) any appeal in respect of such a decision and the decision made on the appeal; (d) any modification or revocation of any permission granted in respect of any such application, among others. The register shall include an index, which shall be in the form of a map, and both the register and the index may be kept in an electronic data storage and retrieval system. The register shall be kept at the office of the Ministry and any person shall be entitled to access to the information recorded therein and to take copies of such information on payment of the prescribed fee.

Participation in activities and projects (Sections 7, 22, 23 and 34)

Advisory Committees: An Advisory Committee shall consist of not less than 3 or more than 5 persons, who are involved in local government, community-based and other non-governmental organizations, and the business community in the part of Saint Lucia to which its advisory functions relate. The Advisory Committee for any part of Saint Lucia shall advise the branch office in that area on any application for permission to carry out development in that part of Saint Lucia that belongs to a class of applications prescribed by the Minister by order published in the Gazette as applications to be determined by a branch office on behalf of the Head of the Physical Planning and Development Division; and any application for development or other matter related to that part of Saint Lucia on which the Minister or the Head of the Physical Planning and Development Division or the branch office may seek its advice.

Environmental Impact Assessment: The Minister in consultation with the Head of the Physical Planning and Development Division may make regulations providing for the procedures for public participation in the environmental impact assessment process and public scrutiny of the environmental impact statement submitted to the Head of the Physical Planning and Development Division. The Head of the Physical Planning and Development Division shall not grant permission where an application for any development is made, unless the application has been submitted to the Advisory Committee for review and the Advisory Committee has submitted its advice to the Head of Division.

Protection of natural areas: Before the Minister makes an order, the Head of the Physical Planning and Development Division shall take reasonable steps to ensure that (a) adequate publicity is given to the proposed declaration within the area which it proposes to protect; (b) persons who may wish to make representations with respect to the proposed declaration are invited and given an adequate opportunity to make representations on the proposal; (c) any representations made on the proposal are taken into account in deciding whether the order should be made.

Participation in plans, programmes and policies (Sections 7 and 12)

Advisory Committees: The Advisory Committee for any part of Saint Lucia shall advise the branch office in that area on any physical plan for that part of Saint Lucia.

Physical plans: In the course of preparation of a draft physical plan the Head of the Physical Planning and Development Division shall take reasonable steps to consult with any person with an interest in the matters for which proposals may be made in the plan. Before finalising the contents of a draft physical plan the Head of Division shall take reasonable steps to ensure that (a) adequate publicity is given in the area to which the plan relates to the matters concerning which proposals will be made in the plan; and (b) persons who may wish to make representations with respect to those matters are invited and given an adequate opportunity to make representations on those matters. When a draft physical plan has been prepared, the Head of Division shall make copies available for public inspection for bringing it to the attention of persons who are likely to be affected, directly or indirectly, by the proposals in the plan. Notice shall be given simultaneously in 2 successive issues of both the Gazette and one newspaper in wide circulation in Saint Lucia of the places where and times when the draft physical plan may be inspected and shall give such other publicity to the matter as is appropriate to inform the public in general, and particularly persons whose interests are likely to be affected, directly or indirectly, by the proposals in the plan, of their right to make representations to the Head of the Physical Planning and Development Division with regard to the proposals therein. Any person may, within 8 weeks after the publication in the Gazette of the notice make representations in writing or in person on the draft physical plan. The Head of Division shall consider the representations made and forward a report on the same together with his or her own comments to the Minister. When approved and published, copies shall be made available for inspection at the offices of the Ministry and for sale to the public at a reasonable price. The aforementioned applies to reviews and revisions. 

Right to appeal (Section 38)

If any person upon whom an enforcement notice is served is aggrieved by the enforcement notice, that person may, at any time before the enforcement notice takes effect, appeal against the enforcement notice to the Appeals Tribunal. A person aggrieved by a decision of the Appeals Tribunal may appeal against that decision to the High Court and the operation of the enforcement notice shall be suspended until the appeal is determined.

Country

Date

01/07/2003

Last reform

10/01/2005

Type

Laws and regulations