Jamaica: The 90-day Approval Process Revealed

Flawed Urban Planning?: Impact of the 5 ft. per floor setback distance (Click on pic. for closer view)

Jamaican Prime Minister Bruce Golding, is insistent in his desire to restrict the building approval process to 90-days and by so doing, revolutionize the development process in the island. Indeed according to Mr Golding, he is shifting the impetus in the development process from the developer to the regulators. But what are the processes to be completed during this 90 day interval? Significantly, these processes are outlined in Ministry Paper 7 which was tabled in 1999 and which provided detailed guidance on the monitoring framework necessary to ensure that the 90-day target was achieved. Implementation of Ministry Paper No. 7 has been deemed an integral part of the Development Approval Project within the Ministry of Industry, Investment and Commerce which has obviously been embraced by the new Golding regime.

Under the new dispensation it is apparent that the Office of the Prime Minister (OPM) has the overall "ownership" of the development approval process. Specifically, based on press reports OPM will be required to collect monitoring information on the development approval bodies' achievement of the 90 day approval processing target. The Planning and Development Division is the lead Department at OPM in this regard. The Town Planning Department must provide information to OPM regarding outstanding applications. In addition, the Town Planning Department will make recommendations on applications where one or more commenting agency fails to provide recommendations within the agreed time frame. The detailed breakdown of the 90-day target outlined in Ministry Paper No. 7, 1999 is shown in Table 1.

Table 1: Maximum Time Allocations Necessary to Achieve a 90-Day Assessment Process

KSAC/Parish Council/Local Planning Authority sends completed application to Town Planning Department. (part of NEPA) - 2 weeks (This period is not included in the 90-day calculation)

Town Planning Department receives completed application from Parish Council/KSAC/Local Planning Authority and sends application to critical commenting agencies - 2 weeks (The 90-day target commences from the time when a completed application is received by the Town Planning Department)

Commenting agencies assess application and make recommendation to Town Planning Department - 3 weeks

If applicable Town Planning Department takes application to the Subdivision Committee or takes a decision on the application - 2 weeks

Town Planning Department advises Parish Council/KSAC/Local Planning Authority of its recommendation and advises Ministry of Environment and Housing (now OPM) of outstanding applications - 1 week

KSAC/Parish Council/Local Planning Authority makes a determination on the application and advises the applicant - 4 weeks

Ministry Paper 7, 1999 & Author's updates

However this process obviously excludes any meaningful interaction with affected third parties, meaning neighbours and persons within the footprint of the development project. It also seemingly excludes the usage of Environmental Impact Assessments (EIA’s) and would make redundant the current 3-week time interval stipulated by NEPA for public notice to discuss the findings of EIA’s. Also, there is no stipulation that matters relating to the Discharge or Modification of Restrictive Covenants should be dealt with as a condition precedent for project approval. There is also an absence of a prescribed oversight procedure despite so much power being vested in the Town Planning Department as well as any provision for appeals by aggrieved parties.

Whereas the impatience of the Government of Jamaica to facilitate increased investment is quite understandable due care must be exercised that long established industry and national safeguards are not sacrificed on the altar of expediency. Already some unilateral decisions have been made by the State, regarding set-back distances and density ratios, the legality of which are likely to be challenged in the courts. Further there is need for continued and expanded dialogue with the citizenry in the process of development as is dictated in any modern democracy. Failure to adhere to the basic tenets of good governance, would only lead to a continued process of disconnect between the State and the citizenry and undermine the requisite partnerships that are deemed critical to the development process.