Introduction to Planning Law

A critical review of the

Subdivision Approval
Process
Unit # 7
Objectives of research
This presentation is intended to review the operation
and management of the Subdivision Approval Process.
The aim is to gain a better understanding of the
underlying factors that causes long delays in granting
approvals. By critically analysing the approval
framework the intention is to provide some useful
recommendations to improve the process.
What is Land?

“Land is the source of all material wealth. From it

we get everything that we use or value, whether it is
food, clothing, shelter, metal, fuel or precious stones.
We live on the land and from the land, and to the land
our bodies or our ashes will be committed when we die.
The availability of land is the key to human existence,
and its distribution and use are of vital importance.”

(S. R. Simpson, Land Law and Registration, 1976)

“Land is indeed a highly valuable commodity. I think
it was Mr. Mark Twain who said, addressing a class
of young people, “Young man, do not hesitate to
get a piece of land if you can. They are not making
any more of it you know.””

(H. Duffus, the Duffus Report, 1976)

“Subdivision is the process of dividing a land parcel

into smaller parcels.”

(P. F. Dale & J. D. McLaughlin, Land Administration, 1999)

Types of Subdivisions
The division of land may be horizontal or it may be
vertical. Vertical Subdivision means a division along the
vertical extending from the earth’s surface upwards or
downwards. These subdivisions are primarily related to
high-rise buildings which are divided into strata.
Horizontal Subdivision means a division along a horizontal
plane extending outwards over the surface of the earth.
These are more popular, particular in the rural areas where
an abundance of land can be found.
 Vertical Subdivision

The picture above represents an example of a Vertical Subdivision.

 Horizontal Subdivision

The picture above represents an example of a horizontal subdivision.

Legal Definition of Subdivision
Section 5 Subsection 4 of the Local Improvements Act of 1914
defines Subdivision as follows:

“ For the purpose of this Act a person shall be deemed to layout or

subdivide land for the purposes of building thereon or for sale, if he
sells or offer for sale any part of such land whereon a house or
other building may be erected, or if he shall form the foundation of
a house or other building thereon, in such manner and in such
position so that such house or other building will or may become
one of two or more houses or other building erected on such land.”
 Legal Definition of Sale
Section 5 subsection 5 defines Sale as follows:

“For the purpose of this section i.e. section 5 subsections 4 sale

(with its grammatical variation and cognate expressions)
includes exchange, gift or other disposition affecting the
fee simple and lease for any term (including renewals
thereunder) or any letting or any licence whereby the land
may be used for building purposes; and also includes any
disposition affecting the leasehold interest under any such
lease as aforesaid.”
The Act stipulates that a map (subdivision plan) should be deposited with the

Council (Local Planning Authority) showing the proposed layout before the

Subdivision is laid out on ground. It also states the requirements of the Map

(Subdivision Plan) as follows:

“Such maps shall be drawn to such scale and shall set forth all such
particulars as the Council (Local Planning Authority) may by regulations
prescribed and especially shall exhibit, distinctly delineated, all streets and
ways to be formed and laid out and also all lots into which the sand land
may be divided, marked with distinct numbers, and shall also show the
areas and shall if required by the Council be declared to be accurate by a
statutory declaration of a Commissioned Surveyor.”
The applicant must also deposit with the Council in respect to each
street and way as shown on the mentioned map the following:

• A specification showing how the streets or ways are to be

constructed.

• The nature, location and dimensions of the sewers, water pipes,

gas pipes and lighting mains, collectively called street works, to
be laid within the street boundaries. Such specifications may be
accompanied by plans and sections giving such details and
drawn to such scales as may be fixed in regulations prescribed
by the Council.

• An estimate of the probable expenses of the street works being

done.
In addition to the Local Improvements Act one or more of

the following Statutes may affect an application for subdivision:

• Local Improvements (Communities Amenities) Act,

• Town and Country Planning Act,
• Parish Water Supply Act,
• Registration (Strata Titles) Act,
• Natural Resources Conservation Authority Act,
• Public Health Act,
• Fire Brigade Act
Problems with the existing approval framework
• Acceptance of incomplete applications by the Local Planning
Authorities.
• Inconsistencies throughout the different Councils
• Commenting agencies has to conduct site visits
• NEPA has limited capability to comment within a reasonable time
on the processing of application.
• Applications are not dealt with until the applicant has paid the
required fees
• Lengthy delay awaiting confirmation by Minister
• Applicants physically walk the application through the system, to
ensure the application is being processed
Problems continued……….

• Tracking the status of applications is manually done.

• Submission of inaccurate Subdivision Plans
• Poor location diagrams on the Subdivision Plan
• Inadequately trained staff within the Councils and Agencies,
• Insufficient staff within the Councils and Agencies,
• The poor work ethics of the staff within the Councils and
agencies,
• The number of applications is too much for the capacity of the
agencies.
Problems continued……….
• The absence of the sharing of information between Government
agencies
• Urban vehicular access restrictions forced unto rural areas
• Consideration of quarter acre subdivision where allowed prior
to regulation
• effort should be made to facilitate the subdivision with the least
amount of infrastructure cost in the case of wills.
• A one rule fit all processes of subdivision approval cannot apply
• Where minor amendments are to be made the subdivision could
be approved conditionally as long as the change is adhered to.
• The National Works Agency (NWA) should formulate clear
guidelines governing their aspect of the process
 NEPA’s Subdivision
Applications
Process
NEPA receives application along with site inspection
report & recommendation from the Local Planning
Authority ( Parish Council).

NEPA returns incomplete application to Local

Planning Authority.

NEPA assesses application for

completeness.

For subdivision applications 10 lots & more,

NEPA informs that a permit is required.

NEPA Technical Branch processes application,

including research & conducting site visits, if
necessary.

NEPA circulates application to the relevant Agencies. NEPA collates comments from relevant
Agencies.
If application is 9 lots If application is 10 lots
and under and less and over and 5 acres
than 5 acres. and more.

NEPA

Produced by the National Environment and

Planning Agency ( NEPA)

May 2004 NEPA prepares and dispatches recommendations NEPA and relevant Agencies review application at Subdivision
to the Local Planning Authority (Parish Council). Committee Meeting and make recommendations.
Solutions to address challenges
1. The KSAC Initiative
2. Ministry of Local Government Initiatives
• Pilot project for delegated authority
Challenges to Pilot Project
a. NEPA’s Role
b. Imposition of additional Fees
3. The NEPA Initiative
4. The LEGS and REGS Project Initiative
5. Office of the Cabinet Initiative
Description of the Current Subdivision Application Process
Customer Service/Enquiry
1 Applicant Requests information on how to
obtain subdivision approval
2 Planning Informs the applicant of the
Coordinator/Director necessary documents required to
of apply for a subdivision approval;
Planning/Superinten (application form and brochure is
dent of Roads and provided)
Works
Formal Submission 1 day
3 Applicant Makes formal presentation of
subdivision application form,
subdivision details and proof of
ownership, tax certificates
4 Planning Checks application – Once
Coordinator/Director application has the stipulated
of copies of plans, proof of
Planning/Superinten ownership, application form
dent of Roads and completed and Tax Certificate, the
Works application is accepted
This request can be made by
telephone, walk-in or appointment.
This part of the process is not
mandatory
The layout of Local Authorities lends
to situations where an applicant may
approach and receive information
regarding the approval process from
any of these persons. This may
create inconsistent information
presented to Applicants
Some Local authorities may accept
applications that have not completely
met the requirements. This has led
to the applications being held in the
system awaiting additional
information The number of copies
required varies at Local Planning
Authoriti3es. This would include the
submission of six (6) to eight (8)
copies of the application and 22
copies of the plan for commenting
agencies
STEP RESPONSIBLE DESCRIPTION REMARKS
PERSON
5 Planning Coordinator/Director of Calculate subdivision fees and write on Application The calculation of fees is an extension
Planning/Superintendent of form of the reviewing process; the
Roads and Works fees are structured and require
basic calculations. It is time
consuming and often
inconvenient to direct the
Applicant to the office of the
Superintendent of Roads and
Works and then return to the
Planning Department.
However, Parish Council Bye
Laws sites the calculation of
fees as the responsibility of the
Superintendent of Roads and
Works. It is the practice of
some LPAs however, that
whoever receives the
application will also calculate
the fees
6 Applicant Takes application and pays subdivision fee to cashier

7 Cashier Receives money and issue Council receipt to Applicant
8 Applicant Presents the receipt along with application to the
Planning Coordinator; Applicant role ends
Fees are usually accepted in full and
there is no refund. It is left up
to the discretion of the LPA to
accept partial payment of fees
The applicant receives a copy of the
receipt as evidence that the
application is accepted
Processing and review of Application approx. 5-8 months

9 Planning Coordinator Prepares file; date stamps all the plans; inscribe Some councils also logs application
universal numbering system on each plan; logs information to the computer
plan details in Planning register using Microsoft Excel

10 Planning Coordinator Sends application to Roads and Works department for Estimated Time: 1-2 days
site investigation and initial comments, Fire
Brigade for site investigation and initial comment

11 Planning Coordinator Receives comments and send application to NEPA Estimated Time: 4-6 weeks

12 NEPA NEPA distributes to the relevant commenting agencies; Estimated Time: 5 days
NEPA receives and collates comments and sends
to Local Planning Authority with
recommendation
STEP RESPONSIBLE DESCRIPTION REMARKS
PERSON
13 Planning Coordinator Receives comments and recommendation from NEPA Estimated Time: 4-6 months
14 Planning Coordinator Compile comments and send to Superintendent of
Works and Director of Planning for review of
comments
15 Superintendent of Works Reviews files and examine comments and conditions; if Estimated Time: 1 day
comments are incorrect returns application to
NEPA; if comments and conditions are
acceptable the Director of Planning instructs the
Planning Coordinator to copy and send to Roads
and Works for addition of standard conditions
stipulated
16 Superintendent of Roads and Assess the conditions; prepare additional standard Estimated Time: 3 days
Works conditions; returns file to Planning Unit
17 Director of Planning Instructs Secretary to prepare complete conditions for
Client
18 Planning Coordinator/ Inspects document of conditions for client
Director of Planning
19 Secretary/Planning Coordinator Send conditions to client for acceptance Estimated Time: 1-2 weeks
20 Applicant Receives condition; if conditions are viewed as
acceptable, return signed conditions to Local Planning
Authority. If client objects to conditions, sends letter to
the relevant referral Agency outlining objections

21 Director of Planning If conditions are accepted, retrieves files and related

documents from storage and places the signed
conditions on the file; prepares recommendation for
approval to take to Planning Committee. If conditions
are not accepted; send objections to the relevant
agency: go back to step 12

22 Director of Planning Submits recommendation for approval or referral to the

Physical Planning and Environment Committee (PPEC)

23 PPEC Reviews the recommendation for approval or referral Estimated Time; 1-4 weeks
24 Director of Planning/ If application is approved prepares confirmation Estimated Time: 2 days
Planning Coordinator documents with cover letter for Ministers attention;
confirmation documents include: application form,
subdivision plan, conditions, comments from NEPA and
other commenting agencies.
If application is refused, informs applicant. Applicant
may appeal
STEP RESPONSIBLE DESCRIPTION REMARKS
PERSON
25 Planning Coordinator Registers documents in outgoing correspondence book
26 Director of Planning Informs applicant that application has been sent to the
Minister in charge of Planning for confirmation
(via letter)
Confirmation Phase approximately 2-4 months
27 Minister in charge of Assesses the application and relevant documents and Estimated Time: 4-6 weeks
Planning makes decision for confirmation of approval or
refusal
28 Secretary Manager Receives confirmation instructions of Minister in charge Estimated Time: 4-6 weeks
29 Secretary Manager Sends confirmed instructions to the Director of Planning
30 Director of Planning Retrieves files and submit to PPEC for final approval Some councils may also take the
and affixing of seal document to general council
meetings
31 PPEC Grants approval
32 Director of Planning/ Prepares final document –letter of conditions for the The number of signatures varies
Planning Coordinator affixing of signatures and seal from Councils for e.g.
Trelawny obtains signature
from 4 assigned Councillors.
Hanover requires only the
signature of the Secretary
Manager
Estimated Time: 1-3 days
33 Planning Coordinator Issues approval to client Some councils also send copies to
land valuation department,
NEPA, and the Superintendent
of Roads and Works
Estimated Time: 1-2 weeks
34 Planning Coordinator File and register the plan according to the month of the
approval

SUBDIVISION APPLICATION APPROVAL PROCESS ENDS

 Description of the Proposed Subdivision Application Process

ITEM RESPONSIBLE DESCRIPTION NOTE

PERSON
The development Approval Assistant Centre
Pre-consultation Phase (Optional)
1 Director a)Meet with applicant to discuss proposal.
Planning/Urban b)Assess proposal based in Development Order, local
Planner Parish plans and National Plan.
c)If proposal is feasible inform the applicant of the
process and the requirements to apply for a
subdivision approval (Applicant will be presented
with a complete INFORMATION PACKAGE
outlining the process for subdivision approval).
d)If the proposal is not feasible inform the applicant
that the application will not be accepted.
RECOMMENDATION:
That an appointment system is
established in the LPA in which the
applicant is afforded the opportunity
to attend a meeting with senior
officers during the pre-consultation
phase.
INFORMATION APPLICATION
PACKAGE will include:
Subdivision form, information on
the process flow, commenting
agencies, approval time etc.
2 Urban Planner RULE:
 Receives formal application Applicants will be required to
 Checks application for completeness and submit one set of hard copy
technical accuracy. plan and one soft copy on
USE STANDARD 2: SUBDIVISION CHECKLIST electronic medium preferably
If application is complete and technically correct: CD or DVD.
1) date and stamp checklist (Until the web based tracking system
2) Access subdivision fees for payment and print is fully integrated in all
on application form for payment. relevant agencies, the LPA will
3) Instructs client to pay fee at cashier still request the submission of
If application is not complete or contains inaccurate 22 copies of plan including the
information, returned to the applicant with soft copy).
explanation. RECOMMENDATION:
1) The responsibility for
calculating fees for
subdivisions should be given to
Urban Planner as a core
function.
It must be noted that the
development of a National Fee
Policy and the revised fee
structure might have
considerable impact on the fee
structure at LPA.
Formal Acceptance Phase
(The integration of AMANDA and The 90 day count down begins at this phase) 1 day

3 Cashier a) Receives checklist and payment from applicant. RULE:

b) Prepares receipt a) Cashier must receive signed
c) Issues receipt and checklist to applicant checklist before collecting fee.
d) Directs Applicant to the Planning Department.

4 Planning Coordinator RULE:

 Receives formal application with signed  All required fields must be
checklist and receipt from applicant. completed before Universal
 Input application Information including receipt Number and Acceptance
information and uploads drawings to Letter is generated.
AMANDA.
 Amanda assigns Universal Number and The acceptance letter will contain
generous Acceptance Letter the universal number and
 Signs Acceptance letter relevant information. This will
 Dispatch or hand over to applicant be used as reference number
for the applicant to track the
progress or status of the
application.
Processing and review of Application 41 days

6 Planning Coordinator
AMANDA assigns preparation of physical file to It is the intention that the public will
Planning Coordinator. have access to application
Prepares physical file and logs plan details in information at a public
Planning Register inclusive of maps. computer terminal installed at
the council or on Council
website.
Estimated time: 2 days

7 Superintendent of a) AMANDA assigns preparation of Site USE STANDARD 3:

Roads and Inspection report to Superintendent of Roads ASTANDARD CHECKLIST
Works and Fire and Works and FOR SITE VISIT TO BE
Department b) Report on recommendations and conditions DEVELOPED.
from Fire department It is recommended that the Fire
a) Conduct site visit and make Department is prioritized to be
recommendations; equipped with an interface for
b) Input reports to AMANDA AMANDA to allow for ease of
1. AMANDA assigns distribution task to Planning communication, given their
Coordinator role early in the process.
Site visit must be completed within
10 working days of acceptance
of application.
Estimated time: 10 days
8 Planning Coordinator a) Checks off in AMANDA the Referral Agencies
to which application must be sent.
b) AMANDA generates distribution letter for
Agencies from which comments are required.
c) Signs distribution letter
d) Prepares package for distribution to NEPA and
other commenting and reviewing agencies.
(In the case of NEPA, information will be submitted
by AMANDA).
a) Dispatch application packages and registers
documents in outgoing correspondence book.
Information may be sent to agencies
via email, fax and hard copy.
It is the intention that all referral
agencies will be equipped with
the technology to interface
with AMANDA and allow for
instant electronic receipt of
application.
Estimated time: 2 days
9 Planning Coordinator a) Receives and collates comments received for RULE: All commenting agencies
applications for referral agencies* must respond in twenty-one
*recommended that the submission of comments (21) working days. NO-
from agencies is also done electronically to RESPONSE will be viewed as
allow for easier input to AMANDA no comment and non-
a) Upload comments to AMANDA objection from the agencies.
b) AMANDA generates a master document of the Planning Coordinator issues a
received comments reminder after fourteen (14)
c) Assigns preparation of Technical Report to working days via email,
Urban Planner. telephone and one written
reminder. After 21 working
days, the planning Coordinator
must prepare a report including
that of non response and submit
it with documents to IRC.
RECOMMENDATION:
The LPA requests that commenting
agencies send their comments
and a representative to sit on the
IRC and give verbal comments
on the plans for which the
comments were requested.
It is however recommended that when
a straightforward report is
provided representation from the
commenting agency is not
essential and will only be
required when such comments
are critical to the making of a
decision.
Recommends that comments are
submitted electronically.
Estimated time: 21 days
10 Urban Planner a) Evaluates comments and conditions, if Technical report must be
comments are erroneous returns documents completed in five (5)
to referral agency for correction. working days.
If comments and conditions are acceptable: Estimated time: 5 days
a) Prepare Technical Report in AMANDA
AMANDA assigns to Director of planning for
review.
11 Director of Planning a) Reviews and submits documents to the The Director of Planning must
internal Review committee (IRC) for review. report to the IRC) on non-
responses for comments
from the agencies.
Estimated time: 1 day
13 Secretary a) Takes and prepares the minutes of the Estimated time: 1 day
meeting
14 Director of Planning A) Assess the minutes Estimated time: 1 day
15 Planning Coordinator b) Uploads recommendation to AMANDA Estimated time: 1 day
b) Instruct Planning Coordinator to prepare letter
of recommendation to the applicant for
signature
Letter will contain recommendation for
approval subject to conditions or
recommendation for refusal subject to
meeting of adjustment
a) AMANDA assigns preparation of
recommendation letters to Planning
Coordinator
a) Prepares recommendation letters in AMANDA
outlining the decision of the IRC
b) AMANDA generates letters for signature of
Director of Planning
16 Director of Planning a) Reviews and signs recommendation letters Estimated time: 1 day

17 Planning Coordinator a) Dispatch to the Applicant for acceptance of The Applicant may
condition a) accepts special conditions
returns letters to the LPA
with signature inscribed to
indicate acceptance of
condition make adjustments
and resubmit application
with adjustment;
b) disagrees a\with the conditions
and objects in writing
c) discontinue the application
process of condition
(Estimated time: 1 day
18 Planning Coordinator a) Receives letters of Acceptance or objection RULE
from applicant Applicant must respond within 10
b) Scan letters working days of issuance of
c) Uploads in AMANDA notice.
a) AMANDA assigns assessment for Physical Non-response will be deemed
Planning and Environmental/ Building failure to accept approval
Committee (PPEC) meeting Director of and file will be closed.
Planning RECOMMENDATION
Special arrangement is put in
place for applicants to
receive decision on time.
Recommended that options
for contact is added to the
Application form.
Estimated time: 10 days
20 Planning Coordinator a) Prepares objection letter in AMANDA to This may be done electronically
applicant or manually
a) AMANDA generates letters for signature Estimated time 1 day

21 Director of Planning a) Signs objection letters for agencies Same day

22 Planning Coordinator b) Dispatches objection letter to relevant agencies Same day

(returns to steps 8)

23 PPEC a) Makes decision for approval or refusal of Estimated time:1 day

application
24 Secretary a) Takes and prepares the minutes of the meeting Estimated time:1 day

25 Director of Planning a) Assess the minutes Estimated time: 1 day

b) Uploads recommendation to AMANDA
B) Instruct Planning Coordinator to prepare letter
of approval or refusal for signature
a) AMANDA assign preparation of approval
and refusal letters to Planning
Coordinator
26 Planning Coordinator If documents is approved RECOMMENDATION: that the
a) Prepares approval letter in AMANDA b) with legal requirement for
attendant conditions for the affixing of subdivision being confirmed
signature and seal by Minister be relaxed and
a) AMANDA generates approval letter final and Secretary/ Manager
if applicants is refused, Estimated time: 3 days
a) prepares letters of refusal in AMANDA
b) Dispatch to applicant
Applicant may proceed to appealing the decision.

27 Director of Planning A) Review approval letters and submits for signing Estimated time: 1 day
to Secretary/ Manager and Mayor
b) Reviews refusal letter and sign

28 The honourable Mayor and Signs letter Same day

Secretary Manager

29 Planning Coordinator a) Affix seal Same day

b) Dispatch approval to applicant
c) Dispatch refusal to applicant
Ste Findings
p
1 Pre-construction Phase Development
Application Assistance Center
There is need for a central point within
the LPAs for customer service
related matters
An Appointment System
Information given to the client should be
as complete as possible. Investors
are not always afforded the
opportunity to discuss their
applications in detail with the
director of planning before making
a formal submission. Since it is
based on technical reviews that the
application is either accepted into
the system or rejected it is
important that adequate time or
opportunity is given to the
investors to discuss the issues of
concerns with technical personnel
so as to ensure as far as is possible
that the technical documents
conform to the required standards
Recommendation Requirements
Short Term
 That a Development Assistance
Center “Help Desk” be
established to provide basic
information, and be a first point
of contact with applicants.
 That an appointment system be
established in the LPA in which
the applicant is afforded the
opportunity to attend a meeting
with senior officers during the
pre-consultation phase and at the
time of formal submission is
made
 The requisite staff must be
available for the carrying out of
this task.
2 Application Pre-review Stage Number
of applications
Presently the LPAs request that 6 or 8
sets of applications and 22 copies of
the plane must be submitted for
subdivision applications
Calculation of Fees
Presently the Local Improvement Act
sites the calculation of fees as the
responsibility of the Superintendent
Roads and Works.
The calculation of fees is an extension of
the reviewing process; the fees are
structured and require basic
calculations. It is time consuming
and often inconvenient to direct the
Investor to the office of the
Superintendent of Roads and works,
and then return to the Planning and
Development Division
 Upon the Roll out of AMANDA
applicants should be required to
submit one set of hard copy plans
and one soft copy CD
 The responsibility for calculating
fees for sub divisions should be
given to the Urban Planner as core
function
 A resolution must be passed in
council to make the submission
of a soft copy legally binding;
May also require amendment to
section 5 of the LIA to include
the submission of soft copy.
 Am MOU must be developed
between LPA and commenting
and referral agencies to obtain
agreement for the receipt of
information via electronic
medium. The E transaction Act
allows for the acceptance of
electronic signature
 Decision to be taken in council
to amend the job description of
the Urban Planner
7 Professional Standards and sanctions:
There are no standards relating to professionals who submit
plans for approval. Neither are there sanctions when
professionals repeatedly submit plans which are
subsequently found to be technical faulty
 Standards should be established relating to the
acceptance of applications by the LPAs. For
example plans could bear the certification of
approved professional bodies. Repeated submissions
of faulty plans should render the professionals
suspended or disbarred for specific periods.
 Penalties should be imposed for inaccurate or
misleading technical details on the prints. For
example, the application should be returned and the
fees already paid should be non-refundable.
Payments should be required for subsequent
resubmission of plans.

9 Commenting Agencies Processing and review of application

There is a need to standardize the time
frame and procedure for dealing with
the receipts of comments from
agencies
Phase, Short- Medium Term
All commenting agencies must
respond in twenty-one (21) working
days. NO-RESPONSE will be viewed
as comment and non-objection from
agencies.
Obtain agreement of Council for the
formation of IRC and an agreement to
the timeframe for comments
Develop TOR of IRC
Develop MOU between agencies to
obtain agreement to participate on the
IRC
12 External Agencies
The LPA request that commenting
agencies send their written
comments and also that
representatives sit on the IRC
and give verbal comments on the
plans if required to do so
Recommendation for Approval
Phase Short Term
 Representatives from the Local
and Regional Offices will be
required to sit on the Internal
Review Committee when
required.

18 Notification to applicant Approval of Application Phase

There is an open ended timeline for
applicant to reply to the Local
planning Authority.
Short Term
 Applicant must respond within
10 working days of the date of
issuance of notice.
 Special arrangement be put in
place to ensure that applicant
are notified of the decision of
their application
 Amendments made to the
Subdivision application to
ensure that option for receipt of
application is available to the
Applicant
23 Confirmation by the Minister
Staffing of the Local Authorities
Currently the Planning Department of the
LPA is mandated to manage
development through planning and
control. However given the staff
limitations there is the tendency to
focus on development control
matters. Even so this has passed a
challenge to the Department in
meeting its obligations. In
recognition of this the Local
Government Department developed
an organization structure for the
Planning Department in LPA which
would have addressed the capacity
issues with staffing. This structure
recommended that a Sustainable
Development Unit and a
Development Control Unit be housed
in the Planning Department wherein
an Urban Planner and Planning
Coordinator assigned to the
Development Control Unit.
Core tools such as Local Parish Plans and a
GIS for making informed decisions
to guide, manage and monitor local
development over a long-term basis
while ensuring that the finite
resources and assets are optimally
used is not available to most Council.
This is required to effect a successful
process flow which will be reliant on
information pertaining to managing
land development.
Medium Term
That Delegation of Authority is extended to  May require legislative amendment
section 8 of the Local Improvement to section B of the LIA; or the
Act, Thereby granting the authority to institution of a special arrangement
the LPA to make final approval on to allow for this change in the
submission application 9 lots and process
under. This would relax the need for
the confirmation exercise being
undertaken by the Minister. The
PPEC will make the final approval on
these applications to be signed by the
Mayor and Secretary/Manager
 It is recommended that this
organization structure is implemented
within the Local Authorities to meet
the staff requirements for this new
process.
 Training Programme developed to
ensure that staffs are capable of
carrying out the duties required for
the task.
 That there is a concerted efforts to
ensure that all LPA have developed
their Local Parish Plans
 The implementation of a GIS system
is a necessity to augmenting the
application of the process flow
 Summary of recommended changes

1. The institution of an optional but recommended

Pre-consultation meeting.
2. The institution of a mandatory preliminary review.
3. The institution of an internal review committee.
4. The transferring of the need to obtain confirmation
from the Minister to the Mayor.
5. The integration of a web based tracking and
documenting system.
6. Establishing deadlines for receiving applications.
7. Establishing set dates for IRC and PPEC meetings.
Conclusion

With all the research being done to accept the successful aspects of the
initiatives and best practices that have being tried and proven and quickly
implement a workable improved system that address the issues of equipment,
technology and staffing in the short term while we try to address the issues of
Legislative reform and Local Government reform in the medium to long term.
Until it is clearly understood by the stakeholders in the approval process,
especially the service providers, that their commitments, responsibilities and
full participation to work are important for the success of the system and that
their efforts are vital to the economic, social and environmental developments
within this country, the change required will not happen.
Thank you for listening.