Sunday, February 17, 2008

THE APPROVAL PROCESS REVEALED

Formal Developments are usually characterized by the following procedures. An application by the developer is usually submitted to the Minister of Housing, under the Housing Act, for his/her approval. The application is then referred to the Local Government Authority (The Parish Council or in the case of Kingston and St Andrew the KSAC) for their approval of building plans and comments, after which it is submitted to the Town Planning Department for the consideration of the Town and Country Planning Authority (TCPA) as well as the National Resource Conservation Authority (NRCA).
Please note that both the Town Planning Department as well as the NRCA are part of the umbrella organization known as the National Environment and Planning Agency (NEPA) and indeed that NEPA provides technical secretariat services for the TCPA.

A part of this approval process usually involves the conducting of an Environmental Impact Assessment. Further, the agencies are required to seek the input of residents / affected parties likely to be impacted by the proposed development or alteration of zoning or change of use of property. In the event that an application has been refused, the developer / advocate has the right of appeal to the Minister of Housing. At this point, the documentation is returned the Minister of Housing, acting in his/her capacity as “Corporation Sole” – a power afforded that office under the Housing Act – for final approval. Affected parties may also submit directly to the Minister their concerns/objections to the proposed project at hand as will the developer / advocate submit documentation seeking to bolster his/her application. In recent times the process of approval has been aided by the provision of topographical maps on the basis of which the suitability of lands can be determined for the specific project at hand.

Residents are also reminded to pay particular attention to the legal notices that appear in the daily newspapers as they may involve proposed modifications to or discharge of the Restrictive Covenants applicable to their neighbourhood.

The TCPA was appointed in January 2006 for a period of two (2) years and in the absence of any information to the contrary, the members of record remain as follows:

Chairperson
Ruth Potopsingh
, Group Managing Director, Petroleum Corporation of Jamaica -

Vice Chairman
Earl Patterson, Mechanical Engineer, National Works Agency; Vice Chairman;

Members

Elizabeth Steer, Chief Executive Officer, National Land Agency (NLA);
Carl Chen, Architect;
Michael Lake, representative, Jamaica Developer's Association;
Norman Shand, City Engineer, Kingston and St. Andrew Corporation (KSAC);
Constance Trowers; Attorney-at-law
Lorna Perkins, Chief Physical Planner, Ministry of Local Government
Doreen Prendergast, President of the Jamaica Institute of Planners
Rollin Alveranga, Senior Director, Ministry of Land and Environment,
Winston Hartley, Chief Physical Planner, NWA
Dr Leary Myers, Chief Executive Officer, National Environment and Planning Agency (NEPA),
Other members of the authority are one representative each from the Jamaica Institute of Engineers, the Local Planning Authority and the Jamaica Trade and Invest.
Perhaps as our (citizens of Jamaica) representatives on this august body, the above named members may welcome our numerous telephone calls and / or letters when we have difficulties in our respective communities with errant developments and flawed planning decisions, so that they can truly appreciate our collective intent to Preserve Our Community…One Home at a Time

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