APRIL 19, 2017] PROCLAMATIONS, RULES AND REGULATIONS 106A13 THE JAMAICA GAZETTE SUPPLEMENT PROCLAMATIONS, RULES AND REGULATIONS 106A13 Vol. CXL WEDNESDAY, APRIL 19, 2017 No. 27C No. 41C THE TOWN AND COUNTRY PLANNING ACT THE TOWN AND COUNTRY PLANNING (SAINT MARY) PROVISIONAL DEVELOPMENT ORDER, 2017 In exercise of the power conferred upon the Town and Country Planning Authority by section 5(1) of the Town and Country Planning Act, the following Provisional Development Order is made, after consultation with the Saint Mary Municipal Corporation. PART 1—Citation, Interpretation and General Regulations and Schedules (First–Fourth) Citation 1. This Order may be cited as the Town and Country Planning (St. Mary) Provisional Development Order, 2017. Interpreta- 2. In this Order— tion. “the Act” means the Town and Country Planning Act; “the Authority” has the meaning assigned to it by section 2 of the Act; 106A14 PROCLAMATIONS, RULES AND REGULATIONS [APRIL 19, 2017 “base station” means a structure, fixed or mobile, consisting of transmit- ters and receivers that are connected to antennae, by feeder cables and may be microcell, macrocell or picocell; “broadcasting” has the meaning assigned to it by the Telecommunica- tions Act and the Broadcasting and Radio Re-Diffusion Act; “building” in relation to outline permission, does not include plant or machinery or a structure or erection of the nature of plant or ma- chinery; “building height” or that of “plant and machinery” is to be measured from ground level which is the level of the surface of the ground immedi- ately adjacent to the proposed building or where the level of the surface of the ground is not uniform with the highest part of the Part 1. surface of the ground adjacent to it; “conservation areas” means an area of special architecture or environ- mental interest, the character or appearance of which it is desirable to preserve or enhance and within which are specific controls over development and the felling of trees; “development” has the meaning assigned to it by section 5 of the Act and “develop” shall be construed accordingly; First “development order area” means the area specified in the First Schedule; Schedule. “erection” in relation to buildings includes extension, alteration and re- erection; “filling station” means land, building or equipment used for the sale or dispensing of petrol or oil for motor vehicles or used incidental to the sale or dispensing of petrol or oil for motor vehicles, and where any part of the land, building or equipment is used for another purpose, shall include the whole, whether or not the use as a filling station is the predominant use of the land or building; “land” means any corporeal hereditament including a building, a struc- ture or an erection; “landscaping” means the treatment of land (other than buildings) being the site or part of the site in respect of which an outline planning permission is granted for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fence, walls or other means the planting of trees hedges, shrubs, or grass, the formation of banks, terraces or other earth works, and the laying out of gardens or courts and the provision of other amenity features; “local authority” has the meaning assigned to it by section 2 of the Act; First “local planning areas” means the areas specified in the First Schedule; Schedule. “local planning authority”, has the meaning assigned to it by section 2 of the Act; APRIL 19, 2017] PROCLAMATIONS, RULES AND REGULATIONS 106A15 “macrocell” means a base station that provides the largest area of signal transmission coverage and capacity within a mobile network; “mast” means ground-based or roof-top structure that supports anten- nae at a height where they can satisfactorily transmit and receive radio waves; “microcell” means base station that provides additional signal transmis- sion coverage and capacity to macrocells; “Minister” has the meaning assigned by section 2 of the Act; “mobile network” has the meaning assigned to it by the Telecommunica- tions Act; “national monument” has the meaning assigned to it by the Jamaica National Heritage Trust Act; “national parks” has the meaning assigned to it by the Natural Re- sources Conservation Authority Act; “operators” mean those who own or operate a telecommunication or broadcast mast or tower, base station, macrocell, microcell and or picocell; “outline planning permission” means planning permission for the erec- tion of a building which is applied for by the applicant directly and is granted subject to the subsequent approval of reserved matters submitted by the applicant to the local planning authority; “permitted development” has the meaning assigned to it by paragraph 7; “permitted use class” has the meaning assigned to it by paragraph 5; “picocell” means a base station, usually located within existing build- ings, which provides more localized signal transmission coverage than a microcell; “planning authority” means local planning authority as defined by sec- tion 2 of the Act, and includes the Authority in any case where an application is referred to the Authority pursuant to the provisions of section 12 of the Act; “planning decision” means a decision made on an application for permis- sion to develop land under Part III of the Act; “planning permission” has the meaning assigned to it by section 2 of the Act; “preservation scheme” has the meaning assigned to it by the Jamaica National Heritage Trust Act; “protected national heritage” has the meaning assigned to it by the Jamaica National Heritage Trust Act; “references” or any schedule thereto relating to plans, drawings, notices or other documents in this order includes references to such docu- ments or copies of them in electronic form; 106A16 PROCLAMATIONS, RULES AND REGULATIONS [APRIL 19, 2017 “reserved matters” means the matters in respect of which particulars have been omitted from an application for outline planning permis- sion under this order, such as— (a) the site for the size and placing of footprints for the erection of a building on the land; (b) the design and external appearance of the building i.e. the two dimensional arrangement of building in three dimensional form and their internal appearance; (c) the means of access to and egress from the site i.e. two dimensional design of vehicular and pedestrian access to the site from the surroundings, and (d) the landscaping of the site i.e. treatment of land for the purpose of amenity including screen walls and the laying out of gardens. “Saint Mary” means the area specified in the First Schedule of Section 1; “subdivision” means the division of any land held under single owner- ship into two or more parts whether the division is by conveyance, transfer or partition or for the purpose of sale, gift, lease or any other purpose; “telecommunication” has the meaning assigned to it by the Telecommu- nications Act; “telecommunication network” has the meaning assigned to it by the Tel- ecommunications Act. General Regulations Application 3. This Order relates to the parish of Saint Mary. of Order. Designation 4. The parish of Saint Mary is designated as a development order area for of Saint Mary the purposes of the Act with the description of its boundaries specified in the development First Schedule along with the local planning area for the purpose of this order. order area. Use classes. 5.—(1) Where a building or other land is used for a purpose listed in any Second. class specified in the Second Schedule to this Order, the use of such building Schedule. or other land for any other purpose of the same class shall not be deemed for the purpose of the Act to involve development of the land. (2) Reference in paragraph (1) to building includes reference to land occupied with the building and used for the same purpose. (3) Where a use, which is ordinarily incidental to and included in any use specified in the Second Schedule, is specified in the Second Schedule as a separate use, this shall not prevent the use which is included or incidental APRIL 19, 2017] PROCLAMATIONS, RULES AND REGULATIONS 106A17 from being considered as a use, which is ordinarily incidental to and included in any use specified in the Second Schedule. (4) No class specified in the Second Schedule shall indicate use— (a) as an amusement arcade or centre or a funfair; (b) as a launderette; (c) for dry cleaning; (d) for sale of fuel for motor vehicles; (e) for sale or display for sale of motor vehicle; (f) for a taxi business or business for the hire of motor vehicles; (g) as a scrap yard or yard for the storage or distribution of minerals or the breaking of motor vehicles; (h) as a hostel; (i) as a retail warehouse club; (j) as a spa; (k) as a massage parlour; (l) as a funeral parlour; (m) as a night club; (n) as a casino; or (o) as a place of religious assembly. Applications 6.—(1) An application for planning permission shall— for planning permission. (a) be made in the form issued by the local planning authority for that purpose and obtainable from that authority; (b) include the particulars required by the form to be supplied; (c) be accompanied by a plan which sufficiently identifies the land to which the application relates and any other plans, drawings and information as are necessary to describe the development which is the subject of the application; and (d) except where the local planning authority indicates that a greater number is required, be accompanied by three copies of the form and the plans and drawings submitted with it. (2) Where permission to develop land is granted under this part of the order, then, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land and of all persons for 106A18 PROCLAMATIONS, RULES AND REGULATIONS [APRIL 19, 2017 the time being interested in the land, but without prejudice to the provisions of Part 1 of the Act with respect to the revocation and modification of permission so granted.