Assignment on Planning Legislation of different country: Selected country - JAMAICA

Course Name: Planning Laws & Administration

Introduction
To safeguard planned development of a country, there need to have certain legal provision or
foundation to guide & execute all legal obligations to ensure development activities.
Corresponding various country, Jamaica also have particular vital legislation to support the
planned & sustainable development. In below, stated some basic feature of three pioneer acts.

The Kingston and St. Andrew Building Act, 1995

Silent Features of the Act
Area to Where to Apply This Act
This act provides as basement for planning for the greater are of Kingston and St. Andrew,
Jamaica. All the provisions of this Act shall extend to and be in force in- The business area, All
areas within the urban and suburban districts of Kingston and St. Andrew where need any special
or general modifications, exceptions or limitations.
Exemption from this Act
This act will not apply to domestic buildings outside the business area, having a cubical content
of not more than one hundred and twenty-five thousand cubic feet. All buildings under the
supervision or control of the Chief Technical Director shall be exempt from this Act.
Regulation and Supervision of Buildings
 Any alteration, addition or other work, made or done for any purpose, except that of
necessary repair not affecting the building, or in, to or upon, any old building, or in, to or
upon, any new building after the roof has been covered in, shall to the extent of such
alteration, addition or work. Any building it shall unless the contrary appears from the
context, be deemed to imply an alteration, addition or work, to which this Act applies.
 Whenever any old buildings are separated by timber or other partitions not in
conformity with this Act, then, if such partitions are removed to the extent of one-half
thereof, such buildings shall, as respects the separation thereof, be deemed to be new
buildings, and be forthwith divided from each other in the manner directed by this Act.
 No house or building shall be constructed or begun to be constructed, and no house
or building shall be extended or begun to be extended, in such manner that the external
wall or front of any such house or building, or if there be a forecourt or other space left in
front of any such house or building the external fence or boundary of such forecourt or
other space, shall be at a distance less than the prescribed distance from the center of the
roadway of a road, street, lane or way.
 In every case where any such house, building, fore- court or space, is constructed,
formed or extended, or is begun to be constructed, formed or extended, in contravention
with the provision of maintaining distance from front road, then the Corporation may serve a
notice upon the owner or occupier of the said to comply with the provisions and to set
back.

Submitted by: Md. Sadat Khan, Roll: 641, MURP 4th Batch, JU Page | 1
 Assignment on Planning Legislation of different country: Selected country - JAMAICA
Course Name: Planning Laws & Administration

 In case any owner, occupier, builder or person, during twenty-eight days after the service
of any notice under the preceding section neglects or refuses to comply with the
requirements of such notice, or after the expiration of such period fails to carry out or
complete the works necessary for such compliance with all reasonable dispatch, he shall
be liable to a penalty of not less than ten thousand dollars, and not more than twenty
thousand dollars, and to a further penalty of not less than eight hundred dollars, and not
more than two thousand dollars, for each day during which such default continues after the
first day after the expiration of the time limited by such notice.
 The Building Authority (Corporation) may, from time to time alter or amend the
regulations contained in this act, and may also from time to time make such further
regulations, as they may deem expedient, for batter carrying into effect the objects and
powers of this Act, with respect to all or any of the following matters, that is to say
regarding detail provision of building guidelines relates to this act.

The Land Development And Utilization Act, 1966

Silent Features of the Act
Establishment of Land Development and Utilization Commission
 For the purposes of this Act the Commission shall keep, in such form as it may determine, a
register of owners of land and other persons who are trustees of, or interested under,
settlements of being in any case persons who in the prescribed manner apply to be entered
on the register.
Designation of Agricultural Land
 The Commission with the approval of the Minister may from time to time by order designate
as agricultural land which, having regard to its situation, character and other relevant
circumstances, the Commission considers ought to be brought into use for agriculture,
except-
 land the use of which for some development purpose other than agriculture has
been approved under the Town and Country Planning Act.
 Such land in the possession of recognized bauxite producers or recognized
alumina producers within the meaning of the Bauxite and Alumina Industries
(Encouragement) Act as may for the time being be exempted by the Minister by
notice in the Gazette.
Development and utilization of Land
 For the purposes of this Act, it shall be the responsibility of an occupier of an
agricultural unit to farm the agricultural land in the unit to such extent as may be
practicable having regard to the character and situation of the unit and other relevant
circumstances.

Submitted by: Md. Sadat Khan, Roll: 641, MURP 4th Batch, JU Page | 2
 Assignment on Planning Legislation of different country: Selected country - JAMAICA
Course Name: Planning Laws & Administration

 In determining whether the occupier of an agricultural unit is fulfilling his

responsibility under the Act to farm the agricultural land in the unit regard shall be had
to the extent to which and the manner in which-
 Pasture is being maintained;
 Arable land is being cropped;
 The unit is stocked where the system of farming practiced requires the keeping
of livestock
 Where it appears that the occupier of an agricu1tural unit is not fulfilling his
responsibility under this Act to farm any agricultural land comprised in such unit, the
Commission, if so satisfied after affording to the occupier an opportunity of making
representations to the Commission whether in writing or on being heard by a person
named by the Commission, may by order published in the Gazette declare such unit or
any of the agricultural land therein to be idle land for the purposes of this Act.
 After the obligation by commission for being an idle land, thus the land owner has to prepare
a development plan in respect of the farming of such agricultural land, which is subject to
approved by the commission.
 If the land owner fails to comply with the legal obligation of commission, then the
Commission may certify to the Minister accordingly and thereupon the Minister shall
have power to acquire the land or any part thereof (not being less than 10 acres, but
subject to section 23) compulsorily under the Land Acquisition Act as land needed for
a public purpose.
 If the land occupier who is not owner of the land fails to comply with the legal obligation of
commission, then be liable to a penalty of ten dollars in respect of each day that he
fails to comply with the notice or to submit a revised plan or to complete to the
satisfaction of the Commission the work or any part of the work, as the case may be.

The Housing Act, 1973

Silent Features of the Act
Preparation and approval of Schemes
 The Minister, after considering the housing conditions in any area and the needs of that
area with respect to the provision of further housing accommodation, may cause an area to
be defined on a plan and may by order declare the area so defined to be a housing area.
 If the Minister, after considering the housing conditions in any area, is satisfied-
 that in general the houses in such area are, by reason of disrepair or sanitary
defects, unfit for human habitation, or are by reason of their bad arrangement or
the narrowness or bad arrangement of the streets, or by reason of overcrowding in
the area, dangerous or injurious to the health of the inhabitants of the area; and

Submitted by: Md. Sadat Khan, Roll: 641, MURP 4th Batch, JU Page | 3
 Assignment on Planning Legislation of different country: Selected country - JAMAICA
Course Name: Planning Laws & Administration

 that the most satisfactory method of dealing with the conditions in the area is the
demolition of all the buildings in the area; and
 that the clearance of the area can be secured in one or other of the following
ways, or partly in one of those ways and partly in the other of them, that is to say-
o by ordering the demolition of the buildings in the area;
o by the acquisition of the land comprised in the area and securing the
demolition of the buildings thereon,
the Minister may cause such area to be defined on a plan in such a manner as to
exclude from the area any land or building which is not unfit for human habitation or
dangerous or injurious to health, but including in such area buildings which, in the
opinion of the Minister, are for any of the reasons specified in paragraph (a) unfit
for human habitation or dangerous or injurious to health, and any surrounding or
adjacent land which the Minister considers desirable to be acquired.
 The Minister may by order declare the area so defined to be a slum clearance area.
 If the Minister, after considering the housing Conditions in any area, is satisfied that in
general the houses in that area are, by reason of disrepair or sanitary defects, unfit for
human habitation, or by reason of their bad arrangement or the narrowness or bad
arrangement of the streets, or by reason of overcrowding in the area, dangerous or
injurious to the health of the inhabitants of the area, and that such conditions can be
effectively remedied without the demolition of all the buildings in the area, by-
o ordering the demolition, reconstruction or repair, as the circumstances may
require, of such dwelling-houses or buildings as are unfit for human
habitation; or
o the acquisition of the land and buildings thereon comprised in the area, and
securing the demolition, reconstruction or repair, as the circumstances may
require, of such dwelling-houses or buildings as are unfit for human habitation; or
o the acquisition of any land or buildings in the area which it is expedient to
acquire for the reconstruction and development of the area; or
o the acquisition of any land, the acquisition of which is reasonably necessary
for the purpose of securing a cleared area of convenient shape and
dimensions, and of any adjoining land, the acquisition of which is reasonably
necessary for the satisfactory development or use of the cleared area,
 The Minister may cause such area to be defined on a plan in such manner as to
exclude from the area any land or buildings in respect of which, in his opinion,
sanitary defects do not exist, or which he does not deem it expedient to be acquired for
the remedying of overcrowding or badly arranged conditions but including in such
area buildings which, in his opinion, are in a state of disrepair and any
surrounding or adjoining land which he considers desirable to be acquired.
 The Minister may by order declare the area so defined to be an improvement area.

Submitted by: Md. Sadat Khan, Roll: 641, MURP 4th Batch, JU Page | 4
 Assignment on Planning Legislation of different country: Selected country - JAMAICA
Course Name: Planning Laws & Administration

 The Minister shall, before approving a scheme, cause to be furnished to the Local
Authority within whose area the scheme is to be operative, and where the scheme is to
be operative within the areas of two or more Local Authorities, to each Local
Authority affected by the scheme, particulars of the scheme for their consideration and
representations.
 Where by reason of the occurrence or apprehended Preparation occurrence of any
public calamity the Minister is satisfied that there is urgent need for the provision of
housing accommodation either generally or in any particular area or areas, the Minister
shall forthwith cause to be prepared proposals for the provision of such housing
accommodation (hereafter in this Act referred to as “an emergency housing scheme”).
Effect of and Obligations consequent upon approval of slum clearance scheme or improvement
scheme
 Whereas respects any area declared by the Minister to be a slum clearance area or an
improvement area, which is included in an approved slum clearance scheme or an
approved improvement scheme, the Minister is satisfied that any dwelling-house which
is occupied, or is of a type suitable for occupation, is unfit for human habitation and
is not capable at reasonable expense of being rendered so fit, he shall serve upon the
person having control of the house, upon any other person who is the owner thereof,
and, so far as it is reasonably practicable to ascertain such person, upon every
mortgagee thereof, a notice will give and place at which the condition of the house and
any offer with respect to the carrying out of works or the future user of the house
which the person served with the notice may wish to submit will be considered, and
every person upon whom such a notice is served shall be entitled to be heard when the
matter is so taken into consideration.
 When any demolition order has become operative no land to which the order applies
shall be used for building purposes or otherwise developed except subject to such
restrictions and conditions, if any, as the Minister may think fit to impose.
 Any person who commences or causes to be commenced or suffers to be commenced
or continued any work in contravention of a restriction or condition imposed under this act
shall be guilty of an offence and shall on summary conviction thereof before a
Resident Magistrate be liable to a fine not exceeding ten dollars in respect of each day
during which the work exists in such a form or state as contravenes the restriction or
condition.
Acquisition of Land
 Any land (including land with buildings thereon) which is under or by virtue of the
provisions of this Act proposed to be acquired for the purposes of any housing
scheme, slum clearance scheme, improvement scheme or emergency housing scheme
approved under this Act.
 For the purpose of the acquisition of any land as aforesaid the Land Acquisition Act
shall have effect.

Submitted by: Md. Sadat Khan, Roll: 641, MURP 4th Batch, JU Page | 5
 Assignment on Planning Legislation of different country: Selected country - JAMAICA
Course Name: Planning Laws & Administration

Concluding Remarks
Above three acts has discussed on the planning aspect to guide & create legal basis for planned
development of Jamaica. The Kingston and St. Andrew Building Act, 1995, has provide legal
basis to define & guide building for the greater region of Kingston and St. Andrew. The Land
Development and Utilization, 1966, can be considered as a legal tool to save & conserve the
agricultural land of Jamaica. Whereas the Housing Act, 1973, provide the legal basis as well as
guideline regarding housing development of Jamaica by taking different schemes.

Submitted by: Md. Sadat Khan, Roll: 641, MURP 4th Batch, JU Page | 6