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Planning and Subdivision Act (No. 4 of 2010)

The objects and purposes of this Act are to provide for a land use planning based development control system led by policy, land use designations and zoning, promote sustainable development in a healthy natural environment, maintain and improve the quality of the physical and natural environment, protect and conserve the natural and cultural heritage of The Bahamas, and provide for planning processes that are fair by making them open, accessible, timely and efficient.

Destacados

Active transparency / Cities (Section 16(2))

A Land Use Plan shall serve as a guide to development and shall be available for viewing or purchase by the public at the offices of the Department of Physical Planning and shall be posted on the Official Website of the Government of The Bahamas.

Public participation in activities and projects (Section 14(3) / Project Assessment

The Environment Minister may make Regulations providing for the procedures for public participation in the Environmental Impact Statement process.

Site Plan Application: Within twenty-one days after a complete application has been submitted to the Department tJ1ere shall be a public hearing and the Director shall give notice to the public of the application and the date on which the public hearing is to be held. 

Subdivision Application: Within twenty-one days after a complete application has been submitted to the Department there shall be a public hearing and the Director shall give notice to the public of the application and the date on which the public hearing is to be held.

Participation in plans, programmes and policies (Section 17)

Land use plan: 

In the course of the preparation of a Land Use Plan, the Director shall take reasonable steps to consult with any person with an interest in the matters for which proposals may be made in the plan including, but not limited to, the management of water and other natural resources, Crown Lands, natural and cultural heritage, environmental protection, among others. Before the finalization of the Land Use Plan, the Director shall ensure that (a) adequate information and material, including a copy of the proposed plan, is made available to the public; (b) at least one open house is held for the purpose of providing the public an opportunity to review and ask questions about the information and material made available under this section; (c) at least one public meeting is held for the purpose of providing the public an opportunity to make representations to the Minister in respect of the proposed plan; and (d) notice is given of the dates, locations and times of the open house and public meeting in two successive issues of two newspapers in wide circulation in The Bahamas, on the Official Website of the Government of The Bahamas, and on the notice board outside each office of the Family Island Administrator or in a prominent place in the district or town committee area in the island where the open house and public meeting is to be held. The Minister shall have regard to written submissions or verbal representations made in the deliberation of the Land Use Plan. 

Upon finalization of the Land Use Plan, the Director shall (a) submit a copy to the Minister for approval and shall make copies available for public inspection at such places as the Director considers appropriate including the offices of the Department; and (b) cause notice of the draft Land Use Plan to be published (i) on the Official Website of the Government of The Bahamas; and (ii) where the draft Land Use Plan relates to a Family Island on the notice board outside the office of each Family Island Administrator and in a prominent place in the district or town committee area in the respective island. Any person may, within two months after the publication of the notice referred to in subsection ( 4), make representations in writing on the draft Land Use Plan to the Director. Within two months after the expiry of the period prescribed by subsection for the making of representations on a draft Land Use Plan, the Director shall consider the representations made and forward a report to the Minister.

Notice of the approval of a Land Use Plan shall be published (a) on the Official Website of the Government ofThe Bahamas; and (b) where the approved Land Use Plan relates to a Family Island, on the notice board outside each office of the Family Island Administrator or in a prominent place in the district or town committee area in the respective island.

The provisions on public participation and timing shall apply mutatis mutandis to a Land Use Plan review.

Land use amendment application:

Within twenty-one days after a complete application for a Land Use Plan Amendment has been submitted to the Department, the Director shall give notice to the public of the application and the date on which the public
meeting to consider the application is to be held. A public meeting shall be held by the Department (a) within two months after the complete application is received by the Department and; (b) at least fourteen days after the notice of the public meeting is given to present the Land Use Plan Amendment application to the public and to facilitate discussion between the public and the Department regarding any issues or concerns of the application.

Right to appeal (Sections 65 and 66)

An appeal shall lie to the Subdivision and Development Appeal Board against a decision of the Committee by any person who has an interest in the matter. Any party to the proceedings before the Subdivision and Development Appeal Board who is aggrieved by the decision of the Board may appeal to the Supreme Court on a point of law, but not on any matter of fact or on the merits of any decision made by the Board, within twenty-one days after the making of the decision by the Board.

País

Fecha

16/03/2010

Tipo

Leyes y Reglamentos