DEVELOPMENT PROCESS

National Youth Service (NYS)

Training
 WHAT IS DEVELOPMENT?

• Development is defined as “ the carrying

out of building, engineering, mining or
other operations in, on, over or under land
or the making of any material change in
the use of any buildings or other land.”
(Section 5 (2) TCPA).
 Permissions required to carry out
DEVELOPMENT (Legislative Framework)
► Building (Building Act)-Parish Council/KSAC
► Subdivision
(Local Improvement Act) - Parish Council/KSAC
► Planning
(Town & Country Planning Act) –Parish Council/KSAC/ TCPA

Development Order
► Environmental
(Natural Resources Conservation Act) -NEPA

Permit (>50 Prescribed Categories)

Trade, Sewage Effluent and Air Quality Licences

Beach Licence (Beach Control Authority Act)
 Main Planning and Environmental Factors
Considered in the Development Process
► Sewage Treatment and
► Zoning Disposal
-Existing Land use
► Setback from property
-Proposed Land use boundary, roadways,
► Urban Limits gullies, canals, coastal
► Lot Size zone, rivers
► Drainage
► Access-Ingress/Egress
► Biological Resources
► Traffic Flow
► Water Resources
► Density ► Public Health
► Open Space ► Solid Waste Disposal
► Parking ► Protected Areas
► Physical Infrastructure ► Natural Hazards
► Air Quality
 NEPA and Other Agencies involved in the
Development Process
► Parish Councils (Local ►Office of Disaster Preparedness
Planning Authorities) & Emergency Management
► National Works Agency ►Jamaica National Heritage Trust
► Water Resources ►Civil Aviation Authority
Authority
►Mines and Geology Division
► Jamaica Bauxite
Institute ►Ministry of Health &
Environment
► Ministry of Agriculture -
RPPD ► Environmental Health Unit
► National Irrigation ►National Water Commission
Commission ►Urban Development
► National Land Agency Corporation
Subdivision
Process
 Types of Subdivision Applications

* Residential * Industrial
* Commercial * Agricultural
Applications
9 Lots & Under
10 & Over
 NEPA
NEPA’s’s Subdivision
NEPA receives application along with site
NEPA receives application along with site
Applications
inspection report & recommendation from the
inspection report & recommendation from the
Local Planning Authority ( Parish Council).
Local Planning Authority ( Parish Council). Process
NEPA
NEPAreturns
returnsincomplete
incompleteapplication
applicationto
to
Local Planning Authority.
Local Planning Authority.
NEPA assesses application for
NEPA assesses application for
completeness.
completeness.

For
Forsubdivision
subdivisionapplications
applications10
10lots
lots&&
more,
more, NEPA informs that a permitisis
NEPA informs that a permit
required.
required.

NEPA
NEPATechnical
TechnicalBranch
Branchprocesses
processes
application,
application, includingresearch
including research&&
NEPA
NEPAcirculates
circulatesapplication
applicationto
tothe
therelevant
relevant NEPA
NEPAcollates
collatescomments
commentsfrom
from conducting
conductingsite
sitevisits,
visits,ififnecessary.
necessary.
Agencies.
Agencies. relevant
relevantAgencies.
Agencies.

IfIfapplication IfIfapplication
applicationisis10
10lots
applicationisis99 lots
lots
lotsand
andunder
underandand and over and 5 acres
and over and 5 acres
less and
andmore.
less than55acres.
than acres. NEPA more.

NEPA
NEPAand
andrelevant
relevantAgencies
Agenciesreview
reviewapplication
applicationatatSubdivision
Subdivision
NEPA
NEPAprepares
preparesand
anddispatches
dispatchesrecommendations
recommendationstoto Committee Meeting and make recommendations.
Committee Meeting and make recommendations.
the
the Local Planning Authority (ParishCouncil).
Local Planning Authority (Parish Council).
Produced by the National Environment and Planning Agency ( NEPA)
May 2004
 What happens after NEPA makes a
recommendation on a Subdivision Application ?
► The Recommendation is forwarded to the Local Planning
Authority where a decision is taken ; whether an approval
or a refusal

Technical Review at the LPA

Conditions sent to the Applicant for acceptance

If conditions are accepted, they are then presented to the Council for a
decision to be taken

If the conditions are not accepted, a reconsideration/waiver is requested

Application is then sent to the Minister for ratification

► Appeal - Applicant may appeal any of conditions or decision to the Minister.

► Monitoring & Enforcement by Local Authorities
Planning
Process
 Examples of Planning/Development
Applications
► Determination ► Retention of Use
► Detail planning ► Petrol Filling Station
► Outline planning ► Advertisement
► Change of Use ► Enquiry

NB. Pursuant to the Town and Country Planning Act

Section 11(1a). For developments requiring environmental
permits or licences, planning permission cannot be granted
prior For developments requiring environmental permits or
licences, planning permission cannot be granted prior to
environmental permission.
 NEPA
NEPA’s’s Planning
NEPA receives application along with site
Applications
NEPA receives application along with site

Process
inspection report & recommendation from the Local
inspection report & recommendation from the Local
Planning Authority (e.g. Parish Council).
Planning Authority (e.g. Parish Council).

NEPA
NEPAreturns
returnsincomplete
incompleteapplication
applicationto
toLocal
LocalPlanning
Planning
NEPA assesses document to determine Authority
NEPA assesses document to determine
completeness. Authority(e.g.
([Link]
ParishCouncil).
Council).
completeness.
For
Forprescribed
prescribedcategories,
categories,NEPA
NEPAinforms
informsapplicant
applicantthat
that
aapermit
permitor
orlicence
licenceisisrequired.
required.

NEPA

NEPA
NEPAconducts
conductsaatechnical
technicalreview
reviewofofthe
the
application.
application.

IfIfthe
theproposed
proposedproject
projectisislocated
locatedin inaacalled
calledin
in
area or does not conform to zoning
area or does not conform to zoning in the in the
Development
DevelopmentOrder Order, ,aapetrol
petrolfilling
fillingstation;
station;
NEPA NEPA
NEPAmakes
makesaarecommendation
recommendation to tothe
IfIfproposed NEPAprocesses
processesapplication
application(including
(including the
proposedproject
projectisisnot
notdeemed
deemed totobe
bean
an application
application research, Development
Development Control Sub Committeeof
Control Sub Committee ofthe
totobe research,liaising
liaisingwith
withother
otherBranches,
Branches, the
be referred to the TCPA; NEPA processesthe
referred to the TCPA; NEPA processes the Agencies, Town & Country Planning Authority (TCPA)
application Agencies,LPA LPA&&citizens,
citizens,conducting
conductingsite site Town & Country Planning Authority (TCPA)
applicationand
andmakes
makesaarecommendation
recommendationtotothethelocal
local which
planning
visits,
visits,ififnecessary).
necessary). whichthen
thenreviews
reviewsthe
theapplication
applicationand
andmakes
makes
planningauthority.
authority. aarecommendation to the TCPA.
recommendation to the TCPA.

Development
DevelopmentControl
ControlSub-Committee’s
Sub-Committee’srecommendation
recommendationisispresented
presentedtotothe
the
NEPA
NEPAprepares
preparesand
anddispatches
dispatchesdecisions
decisions (TCPA) which makes a decision (approval or refusal).
(TCPA) which makes a decision (approval or refusal).
totothe
theLocal
LocalPlanning
PlanningAuthority
Authority(Parish
(Parish
Council
Council).).
Produced by the National Environment and Planning Agency (NEPA)
May 2004
 What happens after Planning
Permission is granted or denied?
► The Decision of the TCPA is final and is
forwarded to the Parish Council /KSAC
(Under the TCPA Act the LPA/PC cannot change the decision of the TCPA).

► Applicant has the right to appeal to Minister

the decision or any condition/s within 30
days.
► Parish Council /KSAC & NEPA monitor
compliance
 Environmental
Permit & Licence
Process
 Permit and Licence System….
► The Permit and Licence System became effective January
1, 1997.
► A permit is required to undertake any construction or
development of a prescribed nature anywhere in Jamaica
and its Territorial Sea under the NRCA (Permits &
Licences) Regulations, 1996. Amended January 2004.
► A Licence is required for the handling of sewage or trade
effluent and poisonous or harmful substances to be
discharged into the environment.
What is an Environmental Impact Assessment (EIA)
► In applying for a Permit or a Licence an EIA may
be required. NEPA determines whether or not an
EIA is required based on screening of the
application and the conducting of site visit(s).
► EIA is a study which outlines the impact the
proposed project is likely to have on the area in
which the physical development will be carried out.
It also outlines mitigation measures necessary to
reduce the negative impacts of the project.
How is the public involved in the EIA review process?
► Copies of EIAs are available at local public institutions for
example: Libraries & Post Offices, Local Authorities
(KSAC) for consultation and review.
► Public presentations are held the obtain comments on the
proposed development. Comments must be submitted in
writing to NEPA within thirty (30) days of the
presentation.
 What happens after the Permit or Licence is
granted?
► Appeal - Applicant may appeal any of the conditions or decision to the
Minister in charge of the Environment.
► Copy of Permit/Licence submitted to Local Authorities/
KSAC for information and utilization.
► NEPA reserves the right to revoke or suspend any permit
or licence if stipulated conditions are not being upheld.
► Post permit monitoring will be conducted by NEPA to
ensure that the stipulated conditions are met.
Additionally, facilities are required to undertake self-
monitoring and submit regular reports to NEPA.
Applicant defines project and
NEPA’S ENVIRONMENTAL PERMIT &
Applicant defines project and

LICENCE PROCESS
may seek conference with
may seek conference with
NEPA
NEPA

Applicant submits Application for Permit

Applicant submits Application for Permit
/Licence to NEPA which assesses NEPA
/Licence to NEPA which assesses NEPAreturns
returnsincomplete
incomplete NEPA
application for completeness.
application for completeness. application
applicationto
toapplicant.
applicant. NEPAadvises
advisesapplicant:
applicant:
••ofof stakeholderscomments,
stakeholders comments,
Applicant ififany
NEPA screens application NEPA
NEPAmodifies
modifiesGeneric
GenericToR ToRto to Applicantreviews
reviewsToRToR any
NEPA screens application ••to
and conducts site visit (if include
include any other significantissues
any other significant issues
&&indicates
indicatestotoNEPA
NEPA toproceed
proceedwith
withthe
theEIA
EIA
and conducts site visit (if whether study
necessary) determines if an
necessary) determines if an
and
andthe
theneed
needforforpublic
publicpresentation.
presentation. whetherorornot
notthey
they study
NEPA
NEPA advises applicantthat
advises applicant thatEIA
EIAisis have ••toto publish
publishfirst
firststandard
EIA is required.
EIA is required. have addedany
added any standard
required; sends ToR to applicant significant public notice.
required; sends ToR to applicant significantissues
issuestotothe
the public notice.
IF NO EIA IS REQUIRED and
andrelevant
relevantstakeholders
stakeholdersfor for ToR.
inclusion ToR.
inclusion of anyother
of any othersignificant
significant
issues.
issues.

NEPA Based
Basedon onapproved
approvedToR,
NEPAinforms
informs NEPA, ToR,
Application
Applicationisisreviewed
reviewedby applicant NEPA,relevant
relevantAgencies
Agencies applicant
applicant prepares&&submits
prepares
by applicantof
ofadequacy
adequacy and
and stakeholdersreview
stakeholders review
submits
NEPA’s
NEPA’s Internal&&Technical
Internal Technical of EIA EIA
EIAreport
report (8 (8hard
hardcopies
copies++
of EIA EIA.
EIA.
Review
ReviewCommittees.
Committees. IF NOT ADEQUATE
digital
digitalcopy)
copy)and
andpublishes
publishes
second
second publicnotice.
public notice.

Technical
TechnicalReview
ReviewCommittee’s
Committee’s
recommendations
recommendations arepresented
are presentedto Applicant
to
Permit Applicantimplements
implementsproject
project
NEPA’s Board.
NEPA’s Board. PermitGranted
Grantedby
byNEPA
NEPA according to terms & conditions
Board.
Board. according to terms & conditions
NEPA
NEPAmonitors
monitors
of
ofapproval.
approval.
Applicant Appeals Compliance.
Compliance.
Applicant condition /s
Appeals
Permit
PermitDenied
Deniedby Optional
by Decision OptionalAppeal
Appealto
to
NEPA’s
NEPA’sBoard.
Board. Minister. LEGEND
Minister.
EIA
EIA––Environmental
EnvironmentalImpact
ImpactAssessment
Assessment
• • ToR-
ToR-Terms
TermsofofReference
Reference
National Environment and Planning Agency (NEPA) March 2005
 Available Guidelines & Standards
► Checklists
► Project Proponent
► Conducting EIA
► Generic TORs for conducting EIA
► Public Presentation
► Manual for reviewing EIA Reports
► Petroleum Storage
► Sewage Effluent
► Trade Effluent
► Development Orders
► Density Map
► Development and Investment Manual
 Contact Information

For further information, please contact:-

• NEPA’s Applications Secretariat

Branch
Telephone:754-7540
Email: applications@[Link]
 THE END
National Environment and Planning Agency

Ministry of Health - Environmental Health Unit

Water Resources Authority
Office of Disaster Preparedness & Emergency Management

National Works Agency

National Land Agency
Civil Aviation Authority
Jamaica National Heritage Trust
Urban Development Corporation
Jamaica Public Service Company Limited
Mines and Geology Division

Ministry of Land and Environment

Jamaica Bauxite Institute
Ministry of Agriculture - RPPD
National Irrigation Commission
National Water Commission