Obviously stung by years of criticism about their role in regularizing and facilitating developments which have breached the approvals process, the National Environment and Planning Agency (NEPA) has now sought to heighten its enforcement activity and finally adopt a zero tolerance approach to the process. However, NEPA has also given itself considerable "wiggle room" in terms of the Government’s 90-day timeline for approvals by essentially discontinuing the processing of applications which are either incomplete or have not received timely responses from other stakeholder agencies in the approvals process. These applications are returned to applicants who have the right to re-submit if they so choose.
This has led to considerable disquiet as developers and even some State Agencies are complaining that their applications are being rejected in droves even under circumstances where they are not at fault. However, they are not gaining much sympathy from the citizen’s advocates and environmentalists who contend that it is better to err on the side of caution than to facilitate an opportunistic process whereby according to Jamaican Prime Minister Bruce Golding, applications for which there has been no response from NEPA within 90-days should be deemed approved and development commenced. To clarify these issues, NEPA has issued the following statement:
“The National Environment and Planning Agency (NEPA) is committed to processing applications within the shortest possible time and have been upgrading its processes to meet and even reduce the 90 days timeline. In implementing this initiative, the Agency has adjusted the timeline within which responses are to be submitted, whether from applicant(s) and/or other Agencies of Government.
There will be strict adherence to the guidelines and checklists for all applications which are submitted to NEPA as well as the local authorities. Applicants are required to comply with these guidelines in keeping with Jamaican laws. Failure to do so will result in immediate enforcement action. Absolutely no incomplete applications will be accepted.
Submission of Applications
As a regulatory Agency, NEPA is required by law to consult with other government agencies in reviewing all applications for development projects. Given this legal stipulation, NEPA will discontinue the processing of all those applications for which outstanding comments from other government agencies have not been forthcoming after a thirty day period. Additionally, applicants must submit all supporting documentation within thirty days of making an application. Failure to make the submission within this thirty day window will also result in the discontinuation of the processing of the application. The application will then be closed and returned to the applicant. The applicant is free to resubmit the application along with the supporting documentation and the attendant application fee, to resume the applications process. NEPA will advise such applicants accordingly.
Planning Permission and Environmental Clearance
Under government regulations planning permission cannot be granted to any developer without environmental clearance. Consequently, all planning applications also awaiting a decision for an environmental application will be placed on hold until a decision is made. Clients whose applications have been put on hold for this specific reason will be informed in writing.
Developments in Breach
NEPA will discontinue the processing of applications for any developments which are in breach. This includes, but is not limited to development projects on which construction has started without the relevant approval. The processing of the application will not resume until the developer is in compliance with NEPA guidelines. The applicant must state in writing to the Authority when and how breaches will be addressed. The correction or addressing of breaches begins with the payment of an administrative fee. The length of time taken to achieve compliance will determine whether or not applicants will have to re-apply. “
This has led to considerable disquiet as developers and even some State Agencies are complaining that their applications are being rejected in droves even under circumstances where they are not at fault. However, they are not gaining much sympathy from the citizen’s advocates and environmentalists who contend that it is better to err on the side of caution than to facilitate an opportunistic process whereby according to Jamaican Prime Minister Bruce Golding, applications for which there has been no response from NEPA within 90-days should be deemed approved and development commenced. To clarify these issues, NEPA has issued the following statement:
“The National Environment and Planning Agency (NEPA) is committed to processing applications within the shortest possible time and have been upgrading its processes to meet and even reduce the 90 days timeline. In implementing this initiative, the Agency has adjusted the timeline within which responses are to be submitted, whether from applicant(s) and/or other Agencies of Government.
There will be strict adherence to the guidelines and checklists for all applications which are submitted to NEPA as well as the local authorities. Applicants are required to comply with these guidelines in keeping with Jamaican laws. Failure to do so will result in immediate enforcement action. Absolutely no incomplete applications will be accepted.
Submission of Applications
As a regulatory Agency, NEPA is required by law to consult with other government agencies in reviewing all applications for development projects. Given this legal stipulation, NEPA will discontinue the processing of all those applications for which outstanding comments from other government agencies have not been forthcoming after a thirty day period. Additionally, applicants must submit all supporting documentation within thirty days of making an application. Failure to make the submission within this thirty day window will also result in the discontinuation of the processing of the application. The application will then be closed and returned to the applicant. The applicant is free to resubmit the application along with the supporting documentation and the attendant application fee, to resume the applications process. NEPA will advise such applicants accordingly.
Planning Permission and Environmental Clearance
Under government regulations planning permission cannot be granted to any developer without environmental clearance. Consequently, all planning applications also awaiting a decision for an environmental application will be placed on hold until a decision is made. Clients whose applications have been put on hold for this specific reason will be informed in writing.
Developments in Breach
NEPA will discontinue the processing of applications for any developments which are in breach. This includes, but is not limited to development projects on which construction has started without the relevant approval. The processing of the application will not resume until the developer is in compliance with NEPA guidelines. The applicant must state in writing to the Authority when and how breaches will be addressed. The correction or addressing of breaches begins with the payment of an administrative fee. The length of time taken to achieve compliance will determine whether or not applicants will have to re-apply. “
See Also
Jamaica: The 90-Day Approval Process Revealed
2 comments:
There used to be more regular posts on this very interesting blog but the pace seems to have slowed. What's happening?
We wish to apologize to you and our other loyal readers for the slowdown in posts over the past few weeks, however we have been experiencing some technical difficulties with the blog. Hopefully these are now finally over and we can begin to post regularly again (every 2 - 3 days). We are grateful for your support as we continue to be guided by our motto "Preserving Our Community...One Home at a Time"
Post a Comment