progress towards the implementation of a reformed land use planning regime … · 2007-03-07 ·...

LAND USE POLICY AND ADMINISTRATION PROJECT (LUPAP)

Final Report

Consultancy Services to The Government of the Republic of Trinidad & Tobago

LAND TENURE CENTER University of Wisconsin - Madison

PROGRESS TOWARDS THE

IMPLEMENTATION OF A REFORMED

LAND USE PLANNING REGIME

AS OUTLINED IN PADL

By

Dr. Allan N. Williams &

Mr. Gerard Frontin

January 8, 2000

Programme Coordination Unit, Ministry of Agriculture, St. Claire. Tel: (868) 628-1617; Fax: (868) 628-1618; E-mail: [email protected]

Table of Contents

EXECTIVE SUMMARY..................................................................................i 1. INTRODUCTION ...........................................................................................1

1.1 Origin of this Document ..........................................................................1 1.2 Methodology ...........................................................................................1 1.3 Background................................................................................................1 1.4 History and Current Status.........................................................................2

2. POLICY RELATED INITIATIVES..................................................................3

2.1 Land Use Policy .........................................................................................4 2.2 Declaration of Appropriate Standards ........................................................5 2.3 Environmental Concerns ............................................................................5

3. REFORM IN THE PLANNING MECHANISM................................................6

3.1 Transparency .............................................................................................6 3.2 Consistent Application of objective standards............................................7 3.3 Expediting the processing of applications ..................................................7 3.4 Devolution of Development Control Functions ...........................................7 3.5 Mechanism for Preparing Development Plans ...........................................7

4. INSTITUTIONAL STRUCTURES ................................................................10

4.1 Central Role of the NPPC ........................................................................10 4.2 Composition of the NPPC ........................................................................12 4.3 Review and Appeals Structure NPPC ......................................................12

5. IMPLEMENTATION ....................................................................................13

5.1 Current Planning Initiatives ......................................................................13 5.2 Public Consultation ..................................................................................15 5.3 Standing of Development Plans ...............................................................15

6. OTHER INITIATIVES ..................................................................................16

6.1 Starter Standards for Incremental Development ......................................16 6.2 Harmonization of Boundaries ...................................................................16 6.3 Mapping the Transition from T&CPD to NPPC.........................................16

Table 1: Local Area Plans for Selected Settlements Programme ...................14

Figure 1: Process of Developing Plans .............................................................9 Figure 2: Institutional Structure of INPPC .......................................................11 ANNEX A: Key Elements of the National Development Strategy........................17 ANNEX B: Committee Structure .........................................................................18 ANNEX C: Local Area Plans...............................................................................20 ANNEX D: List of Documents Reviewed............................................................21

__________________________________________________________________________________ Report on Progress towards the Implementation of a Reformed Land Use Planning Regime: Page 1

EXECUTIVE SUMMARY In 1995 the Bank and the Government of the Republic of Trinidad & Tobago reached agreement on a framework for the revision of urban and regional planning legislation and the implementation of a proposed new Urban and Regional Planning Act. The Bill, which is now titled the Planning and Development of Land Bill (PADL), was passed in the House of Representative in 1998, but lapsed while under debate in the Senate. This amended version of the Bill is expected to be re-introduced in Parliament at some time in the near future. The objectives of the agreed framework are expressed in two documents:

a) The Letter of Sectoral Policy dated August 11 1995; b) Appendix 2 of the Land Use Action Plan of the ASRP, entitled Urban &

Regional Planning Act: Guidelines; Most of the objectives in these two documents are expressed in qualitative terms. Thus, given the short time frame in which we have sought to examine progress in these objectives, we can only express our opinion in a guarded form of recognition and expectation. A. Administrative Structures 1. Three major activities are contributing to a more open, forward looking,

market-oriented system of allocation of land. These are: • The Interim National Physical Planning Commission (INPPC) has

initiated a planning process beginning with the local area concept plans which integrates Land use policy into the broader development process.

• The policy of charging market-based rents in respect to the leasing of state lands as expressed in A New Administration and Distribution Policy for Land

• The other measures (computerization of the Land Registry, the Land Adjudication Bill and the Registration of Title of Land Bill) which have the potential to reduce the transaction costs associated with the conveyance of property.

2. The measures which should enhance legitimization and public acceptance of the planning regime include the following:

a. The Bill (PADL) addresses transparency in administrative processes by making approved development plans the primary considerations in all decisions and by introducing professional interpretation (that of the Chief Building Officer) of the standards.

b. The Codes and Standards Committee has completed the content of small building standards which should go out for public consultation in January 2000.

c. Some emphasis is now being given by the Physical Planning Standards sub-Committee (established March 11, 1998) to a revision of the Guide to Developers and Applicants for Planning Permission,


which has been the instrument for publicizing of the adopted standards and requirements since it was published by the Town and Country Planning Division in November 1989.

d. In 1999, 11 local area concept plans were developed in a process which is driven by public consultations at the conceptualization stage. This process allows for public participation to help determine the requirements of the public interest in the area concepts.

3. An early draft of the National Conceptual Development Plan has provided the overall framework and context for the preparation of local area concept plans. The process of consultation and feed back between the National Physical Development Plan and the local area land use plans has shown that consistency can be maintained between these two levels of planning activity.

4. The Bill {Section 17(1)} does requires the Minister to delegate development control functions to the municipalities and regional corporations within one year of the coming into operation of the Act.

5. Section 73 - 89 allows "Listed" Professionals to certify submitted designs. This is designed to expedite the processing of applications.

6. With respect to clearly defined policies, standards and procedures the following are our observations: • The current planning programme, which to date has produced a

National Conceptual Development Plan, eleven (11) local area concept plans and three (3) detailed land use plans, demonstrates an ability to be broad-based, comprehensive and inclusive of national and public interest.

• The Bill (PADL) allows the Minister to declare appropriate land use regulations and site-specific standards. We have no examples to judge whether the manner of such declarations enables land owners to understand their rights and responsibilities.

• The Bill (PADL) envisions that large-scale projects will be reviewed by the Commission where national and public interests are represented. It also allows the Commission, upon direction of the Minister, to conduct public hearing on such plans and proposals.

7. The provisions for dealing with environmental impact assessments (Second

Schedule attachment to the Bill (PADL)) are still under review. The INPPC has, however, moved expeditiously to maintain close coordination with the Environmental Management Authority, within whose domain Environmental Impact Assessments are evaluated, by appointing a representative of the EMA to the Commission. The Bill (PADL) does allow the National Physical Planning Commission to prevent any activity, which may cause environmental damage (Section 58(9)} and to issue environmental repair orders {Section 58(3)}.


B. The Standing of Development Plans Efforts to strengthen the standing and effectiveness of land use plans include the following:

a. The current National Physical Development Plan (NPDP) was approved by Parliament in 1984 and became operative on 15 August 1984. The Plan outlines proposals for the physical development of the country to the year 2000. According to Section 23(2) of the Bill, the existing National Physical Development Plan will remain effective until its statutory approval of 1984 is rescinded. The current version of the Bill states that the Minister may by order approve a development plan submitted to him {Section 29(9). It also express a procedure for local area plans to be brought before Parliament for approval.

b. The Bill (PADL), Section 23(3) mandates the Commission to ensure that development plans are reviewed at least once in every five years.

c. In 1996, Cabinet agreed in principle to the establishment of a National Physical Planning Commission (NPPC) as part of the Bill to reform urban and regional planning in Trinidad and Tobago. This Commission, in addition to performing an advisory function to the Minister, will also perform coordinating functions among the units with devolved powers of development planning and control.

d. With respect to the review and modification of policy and plans, Section 90 of the Bill (PADL) establishes a Planning and Development Appeals Board, which shall have jurisdiction to hear and determine appeals against planning permission decisions. Furthermore, Section 99 requires the Board to report to Parliament at least once a year, on any trends or recurring situations and to suggest the review and modification of any development plan as it sees fit. Such reports are to be made available to the public.

e. We were unable to determine where the legislation makes the plans ‘indicative’ and not the conferment of ‘entitlement’. However, the central role of the plans in granting planning permission is expressed in Section 31 of the proposed Bill which indicates that an approved development plan shall be the primary consideration in all decisions taken under this Act by the Minister, the Commission, any planning authority and all other authorities having control or jurisdiction over land in respect of any proposal to develop that land (emphasis added).

Implementation of Guidelines 1. The process of piloting the draft Bill (PADL) was undertaken by the Interim

National Physical Planning Commission which included members from public and private sector. During the month of October, 1997, six (6) consultations were organized in Port of Spain, Couva, San Fernando and


Sangre Grande and two (2) were held in Tobago (Scarborough and Roxborough)

2. The question of a management review of the existing Town & Country Planning Division is currently being undertaken by the Land Use Planning and Administration Project.

3. The Government has undertaken initiatives to further the policies and objectives indicated in the Guidelines. a. These initiatives include:

• The INPPC has formulated National Conceptual Development Plan, which seeks to provide an updated planning framework for the country. It has also completed eleven (11) local area concept plans which form the basis for the preparation of detailed land use plans.

• Cabinet Minute No. 770 of April 8,1999 has taken the initiative to harmonize the boundaries presently utilized by the different Ministries with the Local Government boundaries;

• The Planning Standards Sub Committee has also included a review of the Jamaican “Starter Standards” Manual, in view of the new thrust in squatter regularization and interest in incremental development;

b. The National Parks and Other Protected Areas Bill, 1999, proposes to

establish a National Parks and Wildlife Authority (Section 4) pursuing functions to foster sustainable management of all areas under the Act. There is no a priori reason for us to believe that the Planning Division of the NPPC will not be guided by these provisions in the preparation of land use plans and the exercise of development control functions. The Second Schedule of the PADL makes special provisions for development control in areas of special interest.


1. INTRODUCTION

1.1 Origin of this Document This objective of the Planning and Development of Land Bill of 1998 (PADL) is to reform the administration of "Town and Country Planning" by establishing a National Physical Planning Commission (NPPC) and decentralizing planning and development control functions to local planning authorities. The Bill effectively establishes a framework for urban and regional planning which confirms to the objectives of an agreement between the Government of the Republic of Trinidad & Tobago (GORTT) and the Inter-American Development Bank (IDB)1. This Report on PROGRESS TOWARDS THE IMPLEMENTATION OF A REFORMED LAND USE PLANNING REGIME AS OUTLINED IN PADL, is being undertaken by the Land Use Policy and Administration Project (LUPAP) at the request of the Project Coordinator of the Project Coordinating Unit, Ministry of Agriculture, Lands & Marine Resources (MALMR). The purpose is to provide valuable input into a subsequent reporting by that Ministry on the Conditionalities of the Agricultural Sector Reform Programme (IDB Loan # 881 OC/TT).

1.2 Methodology The methodology included a review of documents, committee reports and consultants' reports which describe the activities of the Interim National Physical Planning Commission (INPPC) between 1996-99 (Annex D). Interviews were conducted with senior members of the Commission as well as with the Director of Planning (acting) of the Town & Country Planning Division2. The Consultants also participated in strategic review meetings of the INPPC and attended consultation sessions on the National Conceptual Development Plan, the Local Area Concept Plan for Greater Port of Spain and the Land Use Plan for the Port of Spain Waterfront Area.

1.3 Background Two documents express the agreement between the Government and the IDB in respect to reform in the process of physical planning in Trinidad & Tobago3. These are the Letter of Sectoral Policy and Appendix 2 of the Land Use Action Plan of the ASRP, entitled Urban & Regional Planning Act: Guidelines (URPA). 1 Letter of Sectoral Policy, dated August 11, 1995 and Urban and Regional Planning Act: Guidelines, Annex IV Appendix 2. 2 The Consultants are grateful for the friendly cooperation of Mr. Horace Benn, Secretary of INPPC, Mr. Rodney Ramlogan, Senior Planner INPPC and Mrs. Smart, Director of Planning (Ag.) 3 The Consultants acknowledge the orientation and background documents provided us by Mr. Kevin Barthel (IDB) and Dr. Thackwray Driver (Senior Project Implementation Officer, PCU, Ministry of Agriculture, Lands and Marine Resources).


Our use of the term "Guidelines" refers jointly to paragraph 17 of the Letter of Sectoral Policy and Appendix 2 of the Land Use Action Plan of the ASRP. We also use the terms "national" and "regional". "National" would usually be used within the context of the nation-state of Trinidad & Tobago. The term "Regional" will be used to refer to the physical boundaries as delineated by the Municipal Corporations Act, No. 21 of 1990 and subsequently amended by Act No. 8 of 1992. These are the local government boundaries within which the devolution of development control functions should become operational. Our use of the word "Minister" refers to the Hon. Minister of Housing and Settlements.

1.4 History and Current Status In 1996, Cabinet Minute No.467 of 29th February 1996 agreed, among other things, to the appointment of a Committee by the Minister of Housing and Settlements to consider the feasibility of and rationale for establishing an independent National Physical Planning Commission as part of the framework for a new physical planning regime in Trinidad & Tobago. The Committee submitted an Interim Report on July 12 1996. Following consideration of this Interim Report, Cabinet Minute 2692 of October 17, 1996 agreed, inter alia: 1. In principle to the establishment of a National Physical Planning Commission

(INPPC). The terms of reference of this Commission were to: a) Prepare a comprehensive and integrated physical plan for Trinidad &

Tobago; b) Develop codes of appropriate building construction and development

standards and practices; c) Ensure that all persons and agencies concerned adhere to both the

requirements of the National Plan and the codes of standards and practices.

2. Pending the passage of appropriate legislation, to the appointment of an

Interim National Physical Planning Commission (INPPC) by the Minister of Housing and Settlements.

The INPPC, as appointed by the Minister, continues to have a broad representational base so as to incorporate the views of major stakeholders in its deliberations and advice. In the interim period 1996-99, the INPPC has undertaken a series of activities consistent with the objectives of the Guidelines. It has piloted the process of consultation and public comment on the draft Bill. During the month of October, 1997, six (6) consultations were organized in Port of Spain, Couva, San


Fernando and Sangre Grande and two (2) were held in Tobago (Scarborough and Roxborough)4. Following this, the INPPC has concentrated on three core activities which will comprise the early work of the NPPC once the Bill has been enacted. These core activities are:

a) Providing technical advice to the Minister; b) Initiating the development planning functions; c) Defining and updating codes and standards;

The Urban and Regional Planning Act referred to in the Guidelines is now titled the Planning and Development of Land Bill (PADL). This Bill was passed in the House of Representative in 1998, but lapsed while under debate in the Senate. The Bill is expected to be re-introduced in Parliament, with amendments, in 2000. It is in the contents of the proposed Bill and the activities (1996-99) of the INPPC that we find the achievement of most of the objectives expressed in the Guidelines (URPA). Our expectation is that the Bill will be passed by both the House of Representatives and the Senate in 2000 and proclaimed by the President. Subsequently, the INPPC will become the NPPC, the Town & Country Planning Act (Chapter 35:01) will be repealed and the Town and Country Planning Division (T&CPD) will eventually cease to exist as an independent Division. We also expect the NPPC to continue the work done by the INPPC into the following new areas:

• Development of Land Use Policy, National Physical Development Plan and Local Area Land Use Plans;:

• Transition in operational resources from T&CPD to NPPC; • Building the organizational capacity of regional authorities for the

devolution of development control functions; • Managing inter-institutional coordination; • Achieving a high degree of congruence with the planning functions and

processes within the Tobago House of Assembly (THA);

2. POLICY RELATED INITIATIVES The Guidelines indicated that there will be a shift in land use policy to achieve a more open, forward-looking, market-oriented system of allocation, within the context of the Government's social, environmental and other policy objectives.

4 Final Report of the Public Consultations held on the Planning and Development of Land Bill, 1997, by the Interim National Physical Planning Commission, prepared by Mr. Tracy Wilson. January 1998


We are inferring from this statement that the objective is a policy and regulatory environment, which would promote, among other things, the transfer of land to more efficient uses as determined by market forces.

2.1 Land Use Policy There are three major areas of activities, which are contributing to a more open and forward looking approach to the allocation of land among alternative uses. The first is the approach of the INPPC is to bring about a closer connection between economic development policy and policies governing land use patterns at the national and regional level. The PADL Bill as proposed, and the consultative process by which the INPPC has caused 11 concept plans to be developed, indicate a clear shift in the way these goals will be achieved. The old system of land use policy, which amount to a string of narrowly oriented technical interventions, will not be consistent with the INPPC's approach. The activities of the INPPC undeniably suggest that land use policy will shift to become an integrated element of a broader development process. The second is the policy of charging market-based rents in respect to the leasing of State agricultural lands. This is fully expressed in the 1992 New Administration and Distribution Policy for Land5 and in the implementation of the Accelerated Land Distribution Programme. The third are other on-going exercises and legislative Bills, which have the potential of reducing transaction costs associated with the conveyance of property. These include the current computerization of the Land Registry and the introduction of the Land Adjudication Bill and the Registration of Title to Land Bill. We expect that there will be a dynamic relationship between Land Use Policy and the functioning of land markets in Trinidad & Tobago. This relationship is obviously recognized in the proposed organizational structure for planning in the strategic review of the INPPC6, which includes a "Standing Committee on National Land Use Policy and Long Term Goals". The terms of reference were still being worked out at the time of this Report. It is well recognized that functioning land markets can promote efficiency-enhancing land transfers. However, in the Trinidad & Tobago context this has to be achieved within a broader strategy of institutional reform that includes tenure regularization, efficient State lands management, information support to land administration functions and land settlement policies. Initiatives in these respects are on going. 5 A New Administration and Distribution Policy for Land, Ministry of Planning and Development, 19th November 1992. Section 4, p.9. 6 "Short Term Development Plan for the Institutional Rationalisation and Design of the National Physical Planning Commission" Final Report, PriceWaterhouseCoopers, December 7,1998, p.11


Furthermore, the sequencing of these measures need to be properly understood. It is an equally recognized fact that imperfections in other factor markets may undermine or even eliminate the advantages of an open land market (at least for the poor). Thus we can rightly interpret the reform activities which are impacting on State Lands as giving priority to the development of the potential of the land-rental markets ahead of measures to enhance the efficiency of the land-sale markets.

2.2 Declaration of Appropriate Standards Under Section 61(2) of the current version of PADL, the Minister will be empowered to establish by regulations a buildings code for Trinidad and Tobago. The Minister will do so on the basis of submissions presented by the Commission (NPPC). The current INPPC is well on the way to developing the contents of such submissions. Even before the establishment of the Interim National Physical Planning Commission (INPPC), the Board of Engineering together with the Bureau of Standards had been involved in the preparation of codes and standards for Trinidad and Tobago. The INPPC is currently incorporating the work of a Building Codes Committee operating under the Board of Engineering. In developing building codes for the country, the Committee is reviewing the provisions in the Caribbean Unified Building Code (CUBIC) and the American International Code Council Document. Priority has been given to the preparation of codes and standards for small buildings as these are expected to comprise the overwhelming majority of development applications. A draft document dealing with this subject is expected to be completed in December 1999 and will be distributed to stakeholders and subjected to public consultation in January 2000.

2.3 Environmental Concerns The Guidelines expressed the desire that "adequate provision me made in the new Urban and Regional Planning Act for Environmental Impact Assessments (to be) required for the processing of applications for development approval"7. The provisions for dealing with environmental impact assessments (formerly in the Second Schedule attachment to the Bill (PADL), are still under review. We are of the opinion that this review is necessary as Environmental Impact Assessments continue to remain within the domain of the Environmental Management Authority (EMA). However, the proposed Bill (PADL) still allows the NPPC to issue environmental repair orders {Section 58(3)} to correct or a restraining order {Section 58(9)} to prevent any environmental damage. To maintain closer coordination with the EMA in its functions, the Minister has appointed in November 1999, a representative of the EMA to the Commission.

7 Guidelines: op. cit., paragraph A 7.


3. REFORM IN THE PLANNING MECHANISM The Guidelines recognize that an acceptable land use planning regime must strike a balance between the individual's right to the enjoyment of private property and national cum community interests. It sites as priority for the legitimization and public acceptance the need to achieve the following objectives in the new planning regime:

• Transparency; • Consistent application of objective standards; • Measures to expedite the processing of applications; • Consistency in national and local plans; • Delegation of development control functions;

3.1 Transparency There are three fundamentals, which need to be in place to ensure transparency in administrative processes and procedures. These are approved National and Local Land Use Plans, clear Codes and Regulations and the increased presence of professional interpretation of the standards within the approval process. PADL clearly identifies a central role for National and Local Land Use Plans in the processing of applications. Section 31 of the proposed Bill indicates that an approved development plan shall be the primary consideration in all decisions taken under this Act by the Minister, the Commission, any planning authority and all other authorities having control or jurisdiction over land in respect of any proposal to develop that land (emphasis added). The Bill also increases the presence of professional interpretation of the standards within the approval process. Section 14(1) empowers the Commission to appoint a civil engineer or architect to be Chief Buildings Inspector and section 70(1) give him/her the power to review any decisions made by an inspector. The Guidelines also calls for national and public interests as well as the reaction of persons who are likely to be directly and materially affected, to be taken into consideration of applications for planning permission. The Bill (PADL) currently envisions that unique and unusual proposals and large scale or pilot projects will be reviewed by the Commission. (Section 7 (2c)). The composition of the Commission (NPPC) allows for the expression of public and national interests (see Section 4.2 below). It further authorizes the Commission to conduct public hearings on plans or proposals upon the direction of the Minister (Section 7(2h)). These provisions represent the first steps in the process of achieving transparency. The actual details of this dispute resolution mechanism within the entire planning approval process will still need to be communicated to the public.


3.2 Consistent Application of Objective Standards The most important components of these objective standards, i.e. pertaining to small buildings, have been completed and are awaiting public review. The establishment of these standards will require awareness and general acceptance by developers. Some emphasis is now being given by the Physical Planning Standards sub-Committee (established March 11, 1998) to a revision of the Guide to Developers and Applicants for Planning Permission, which was published by the Town and Country Planning Division in November 1989. Consistent application of these standards, however, will have to be evidenced in actual practice.

3.3 Expediting the processing of applications In recognition that one of the major concerns of the population is the need to have more efficient administrative procedures to ensure expeditious processing of applications, the Bill seeks the introduction of registered professionals in the certification process. Section 73 - 89 allows for "Listed" professionals to certify that submitted designs and specifications are consistent with conditions of development approval or declared standards. It is hoped that this measure will significantly expedite the processing of most applications.

3.4 Devolution of Development Control Functions The PADL Bill permits the Minister to delegate the development control function to municipalities and regional corporations. This is to be done within one year of the coming into operation of the Act.8 Although it is believed that a coherent legal and institutional framework exists to make this work, the Government will have to rely on pilot projects to identify the level of technical support that would have to be provided under our local conditions. We believe that the Strategic Planning & Development of Urban Growth Centres Project will serve this function very well.

3.5 Mechanism for Preparing Development Plans Section 23(1) of the Planning and Development of Land Bill (1998) requires the National Physical Planning Commission to prepare a development plan for the whole of Trinidad and Tobago. Key requirements of the development plan are: • Consistency with the social, economic, regional, environmental and cultural

development policies of Government. • Provision of the policy framework within which regional and local planning can

be undertaken. • Integration of the functional plans prepared by individual sectoral agencies. 8 Planning and Development of Land (No.2) Bill, 1998, Section 17(1)


• Primary focus on issues of national policy and the co-ordination of functions; identification of problems and opportunities; and adoption of strategies for exploiting resources and opportunities and minimizing environmental problems.

The Bill also makes provision for the preparation of development plans for such regions and areas and on such subject matters as would assist in the efficient and equitable planning and management of land in the country. In this regard, a comprehensive physical plan for the whole of the Island of Tobago will be deemed to be a regional plan [Section 23(4)]. Section 26(1) sets out the methodology for preparation of development plans, including:

• Pre-plan announcement. • Collection and analysis of relevant information. • Stakeholders consultation. • Formulation of clear and comprehensive policies, proposals and

programmes. • Publication of survey and analysis and policies, proposals and

programmes. • Preparation of proposed development plan.

The INPPC has formulated National Conceptual Development Plan which seeks to provide an updated planning framework for the country. The plan adopts a strategy of balanced growth, which provides for comprehensive and coordinated growth opportunities throughout Trinidad and Tobago. This strategy is consistent with present Government policy for national spatial development. Annex A expresses the key elements of the adopted strategy. An iterative approach was utilized in the preparation of the national and local area concept plans in order to ensure consistency between the two levels of planning. An early draft of the National Conceptual Development Plan provided the overall framework and context for the preparation of local area concept plans. In turn, the more detailed investigations and analyses undertaken at the local level should lead to the refinement of the draft National Conceptual Development Plan. Figure 1 expresses a simplification of the process for the development of plans. Its major features are:

a) A consultation-driven process b) Central mechanism initiating all plans c) Feed back between the National Physical Development Plan and the

local area land use plans


Figure 1: Process of Developing Plans

D e f in i t i o n o ft h e I s s u e s

C O N S U L T A T I O N W IT H K E Y S T A K E H O L D E R S

L o c a l A r e aC o n c e p t P la n s

P U B L I C C O N S U L T A T I O N

L o c a l A r e a P la n n i n gC o m m itte e

I N T E R I M N A T I O N A L P H Y S I C A L P L A N N I N GC O M M I S S I O N

N A T I O N A L D E V E L O P M E N TP H Y S I C A L P L A N

N A T IO N A L D E V E L O P M E N TC O N C E P T P L A N

L O C A L A R E AL A N D U S E

P L A N SIN D E XL in e o f In p u tIn i t i a t in g

A lr e a d yU n d e r t a k e n

4. INSTITUTIONAL STRUCTURES Physical planning is an integral part of national development planning. The Guidelines reflect the need to have planning institutions function in a manner consistent with the policy to create an economic environment conductive to growth and vibrancy in private investment on an economy-wide basis. The Guidelines recognize the need to:

• Move away from a technical agency approach to physical planning towards a more participatory process

• Place physical planning in an appropriate agency to enable the resolution of community and national interests

• Provide a coherent and consistent framework for the operation of the land market in property and development of land.

The current Bill (PADL) proposes to achieve these objectives through an organizational structure, which has at its center a National Physical Planning Commission.

4.1 Central Role of the NPPC The PADL allocates a central role to the National Physical Planning Commission. The NPPC is expected to perform its functions through three distinct administrative components.

a) An advisory component comprising the secretariat of the NPPC; b) A supporting component comprising four (4) standing committees; c) An executing component comprising a Chief Executive Officer and his

planning, inspection and administrative directorates; The Interim National Physical Planning Commission (INPPC) was therefore created not only as preparatory measure for the NPPC but to undertake the activities, which would become integral functions in the official structure once the Bill has been enacted. It has successfully done so by building most of the structure for components a) and b). The structure of Standing Committees is to be seen as the major strategy for functioning of the new planning regime. The proposed NPPC will be dependent on the work of four major Standing Committees to provide it with the operational options of advice to the Hon. Minister responsible for physical planning. These are:

a) National Physical Development Plan Standing Committee b) Codes & Standards Standing Committee c) Development Control Standing Committee d) National Land Policy Standing Committee.

Committees a), b) and c) are functioning and producing the necessary reports.


Figure 2 represents a simplified version of the proposed administrative structure for a reformed physical planning regime. This structure is still under active consideration and our representation is not meant to imply the final outcome. The shaded areas indicate that the major institutional parts of the structure have been put in place by the INPPC. Annex B outlines the current Committee structure which will be absorbed into the NPPC. Figure 2:

Ministerwith responsibility forPhysical Planning &

Development

Chairman National PhysicalDevelopment Plan

Codes & Standards

Development Control

National Land Policy

National PhysicalPlanning

Commission

Chief ExecutiveOfficer

Legal Officer Secretary

Director ofAdministration

Director ofPlanning

Physical PlanningDivision

Research &Development

Inspectorate

Chief BuildingOfficer

Standing Committees

PROPOSED ORGANISATIONAL STRUCTURE FOR THE NPPC


4.2 Composition of the National Physical Planning Commission The First Schedule attachment to the Bill (PADL) allows for the appointment of a National Physical Planning Commission comprising a broad spectrum of interests within the society. These members may be drawn from the following:

a. NGO and community based organizations b. Environmental protection organizations c. The Construction and Land Development Industry d. Professional disciplines relating to physical and socio-economic

planning e. Agricultural development interests

The Bill also allows for ex-officio members from existing institutions and offices including:

a. Office of the Commissioner of Lands b. Tobago House of Assembly c. Director of Planning within the Commission d. Chief Technical Officer of the Ministry of Works & Transport e. Director of Planning in the Ministry of Local Government f. Director of Economic Research & Planning in the Ministry of Housing

and Settlements g. Environmental Management Authority

This composition captures a well-balanced cross section of public and private interests which should be considered in the planning approval processes. The Interim National Physical Planning Commission (INPPC) at present comprises representation of about 70% of these expressed interests.

4.3 The Review and Appeals Structure Section 90 of the Bill (PADL) establishes a tribunal to be known as the Planning and Development Appeals Board, which shall have jurisdiction to hear and determine appeals against planning permission decisions. Given the fact that there are other tribunal in existent, the Bill (Section 90(5)) also allows the Minister by Order, subject to affirmative resolution of Parliament, transfer the jurisdiction of this Board to the Environmental Commission established under the EMA or any other Land Tribunal. Furthermore, Section 99 requires the Board to report to Parliament at least once a year, on any trends or recurring situations and to suggest the review and modification of any development plan as it sees fit. Such reports are to be made available to the public.


5. IMPLEMENTATION

5.1 Current Planning Initiatives Within recent years Government has taken initiatives to accelerate development at the local area level through a Local Area Plans for Selected Settlements Programme. The rationale for focussing on selected settlements is to provide facilities and to stimulate development in local areas to counter the growth of the major urban centres of Port of Spain and San Fernando. Further, the selected settlements have themselves been experiencing rapid urbanization and hence the need to formulate appropriate planning frameworks to guide development activity and to avoid the traditional problems associated with urban growth. The Urban Development Corporation of Trinidad and Tobago (UDeCOTT) has been retained by the INPPC as Project Manager for the execution of the Local Area Plans for Selected Settlements Programme currently being undertaken by Government. The programme, which was initiated in 1998, involves preparation of a national plan and a series of local area plans, including coverage of the four growth centres designated in the National Physical Development Plan (1984). Preparation of the local area plans was conceived as a two-phase process. The first phase involved undertaking a planning assessment and scoping exercise to identify the key opportunities, constraints, and issues and to formulate terms of reference for the actual plan preparation exercise for each of the selected local areas. The second phase involved preparation of land use plan and development proposals for the area consistent with the terms of reference specified in the first phase. Table 1 indicates that planning assessment and scoping exercises have been undertaken in twelve (12) areas, and a National Conceptual Development Plan and eleven (11) local area concept plans have been completed. A detailed land use plan has been completed for Couva while similar type plans are being finalized for the Port of Spain Waterfront and San Fernando. A listing of the respective plans is presented in Annex C. It is to be noted that separate planning assessment and scoping exercises were undertaken for three sections of the East-West Urban Corridor between Port of Spain and Arima. . An integrated concept plan was however prepared for the entire corridor because of the important transportation, infrastructure, and economic linkages that exist in the area.


TABLE 1: Local Area Plans for Selected Settlements Programme

AREA K

ey

Stak

ehol

der

Con

sulta

tions

Plan

ning

As

sess

men

t An

d Sc

opin

g Ex

erci

se

C

once

pt P

lans

Publ

ic

Con

sulta

tion

Land

Use

Pla

n an

d D

evel

opm

ent

Prop

osal

s

National g g Chaguaramas g g Mayaro-Guayaguayare g g g g Sangre Grande g g g g Point Fortin g g g g Couva g g g g g Barataria-San Juan-St. Joseph g g Curepe-Tacarigua g g g Arouca-Arima g g Greater Port of Spain g g g g Princes Town-Moruga g g Penal-Siparia-Fyzabad g g g Chaguanas-Cunupia g g g Selected Centres in Tobago g g San Fernando g g g g Port of Spain Waterfront g g g g Teams of local and foreign consultants contracted by UDeCOTT undertook preparation of the listed plans. As part of its responsibilities under the programme, UDeCOTT was required to ensure that the plans met accepted quality standards in terms of technical planning practice. A plan evaluation methodology was formulated in accordance with this requirement. Essentially, it was expected that each plan should meet the following basic requirements: ! The scope and methodology of the plan should be in keeping with the scale

and characteristics of the project area, the stated purpose of the plan, and the terms of reference of the particular exercise.

! The plan should present internally consistent objectives and policies. ! The planning process should reflect effective linkages between development

issues, guiding principles, strategic objectives, and policies and proposals. ! The policies and proposals of the plan should represent potential benefits to

the community and the environment. ! The findings and recommendations of the plan should be reported in a

coherent sequence and a clear and concise mode. Map scales should allow for clarity in the detail of the information being illustrated.

This set of criteria provided the framework for assessing the coverage and reporting format, consistency, and likely impacts of the plans.


5.2 Public Consultation Consultations were held with key stakeholders in the case of all the recently completed plans. These included the Local Government bodies, major corporate entities, active community organizations, and relevant infrastructure and other sectoral agencies operating in the respective areas. Public consultation sessions have also been held in six (6) growth centres.

5.3 Standing of Development Plans The current National Physical Development Plan (NPDP) was approved by Parliament in 1984 and became operative on 15 August 1984. The Plan outlines proposals for the physical development of the country to the year 2000. According to Section 23(2) of the Bill, the existing National Physical Development Plan will remain effective until its statutory approval of 1984 is rescinded. It is to be noted however, that the time perspective of the National Physical Development Plan will expire in the year 2000. The proposed Bill, Section 23(3) mandates the Commission to ensure that development plans are reviewed at least once in every five years. The current version of the Bill states that the Minister may by order approve a development plan submitted to him {Section 29(9)}. The bill also makes any Order of the Minister approving a development plan for Trinidad & Tobago to be subject to affirmative resolution of Parliament and any order approving any other development plan to be subject to negative resolution of Parliament {Section 29(11)}. It also makes every statement of policy that alters an approved development plan, development order, or regulation made under the Act to be subject to negative resolution of Parliament {Section 32(6)}.


6. OTHER INITIATIVES

6.1 Starter Standards for Incremental Development In view of the new thrust in squatter regularization and interest in incremental development, the Planning Standards Sub Committee is reviewing the Jamaican “Starter Standards” Manual, which was developed for use by the Association for Settlement and Commercial Enterprise for National Development, Operation Pride and other interest groups in Jamaica. The Committee is also drawing on the Caribbean experience through a review of the OECS Planning and Infrastructure Standards, which was developed for the Organisation of Eastern Caribbean States (OECS) with the assistance of the United Nations Centre for Human Settlements and United Nations Development Programme in 1994.

6.2 Harmonization of Boundaries In light of the fact that the local planning authorities (municipalities and regional corporations) will have to interact with district and/or branch offices of Ministries and regulatory agencies, Cabinet Minute No. 770 of April 8,1999 has taken the initiative to harmonize the boundaries presently utilized by the different Ministries with the Local Government boundaries as set out in the Municipal Corporations Act, 1990 (No. 21 of 1990) and subsequently amended by Act No. 8 of 1992.

6.3 Mapping the Transition from T&CPD to NPPC The Government has recognized that a management review of the existing Town and Country Planning Division has to be done to determine what organizational and related changes are necessary to effect a smooth transition to the National Physical Planning Commission. This review is part of the Terms of Reference of the current Land Use Policy and Administration Project (LUPAP) and is expected to be completed by April 2000.


ANNEX A: Key Elements of the National Development Strategy: The National Development Concept Plan has also articulated a national vision of development planning expressed in terms of following strategic objectives.

Agriculture: Strengthening the sector and developing quality lands

Fisheries: Encouraging enterprise activities

Forestry: Balance between conservation and production

Energy: Providing infrastructure for continued expansion

Industry: Development of sites with environmental capacity for stress

Commerce: Concentration on key locations; developing town centers Promoting tourism in the North and East

Environment: Accommodating particular characteristics of the hills, coast and the swamps.

Housing: Selective encouragement and discouragement of high densities.

Guidelines on plot sizes, density and affordability

Transport: Public and private participation; bus priority route Expansion of the total infrastructure


ANNEX B: COMMITTEE STRUCTURE Standing Committees 1. National Physical Development Plan Committee established by the

Minister of Planning and Development , January 28, 1998 to develop a national physical plan for Trinidad & Tobago

2. Codes and Standards Committee was established by the Minister of Planning and Development on 28 January 1998 to develop codes of appropriate building construction and land development standards and practices.

3. Development Control Committee established in March 1999 to review the process of decision making with respect to applications for planning permission.

4. National Land Policies Committee established in 1999 whose terms of reference are being developed.

Sub Committees 1. Physical Planning Standards Sub Committee established on 11 March

1998 to develop planning standards (including starter standards) and guidelines for development.

2. Sub Division Regulations Sub Committee was established on 11 March 1998 to develop administrative procedures and regulations relating to sub division of land.

3. Sub-Division Regulations sub-Committee was established on March 11, 1998 to develop administrative procedures and regulations relating to sub-division of land.

4. The Sub-Division Regulations sub-Committee was established by Cabinet Minute #321 of December 3, 1998 to review the regulations to the sub-division code completed by the previous committee.

5. Regularization of Unauthorized and non-conforming development of land sub-Committee was established by the Minister of Housing and Settlements on March 12, 1999 to devise a formula for the regularization of unauthorized and non-conforming development of lands for which planning approvals were not sought and obtained under the Town and Country Planning Act Chap. 35:01

6. Local Area Plan Sub Committee was established by the Minister of Planning and Development on February 4, 1998 to prepare land use plans for selected settlements.

7. The Internal Review Committee was recommended in a report of the Development Control Committee (July 5 1999) and accepted by the Minister.

8. Committee convened to implement Cabinet Minute No.770 of 99 Re: Establishment of a system of uniform boundaries for all regional and district offices of Ministries/departments.


Cabinet Appointed Committees Cabinet has also established three (3) committees, which are expected to put incorporate Government's policies towards land development in major development plans: 1. The West Coast Master Plan Committee was established by Cabinet

Minute #3362 of December 1997. The Committee is to prepare a Master Plan for the development of the West Coast of Trinidad from Chaguaramas to Cedros, to include a technical component, an environmental impact assessment and financing options. Work is still on going.

2. West Coast Master Plan (Reclamation Committee) was established by Cabinet Minute #1710 of July 2 1998 to review all applications to reclaim land.

3. National Land/Geographic Information Systems Committee was established by Cabinet Minute #1727 of July 14, 1999 to implement the National Land/Geographic Information System.


ANNEX C:Local Area Plans for Selected Settlements Programme The following plans were prepared over the period March to October 1999: 1. National Conceptual Development Plan 2. Chaguaramas Local Area Concept Plan 3. Mayaro-Guayaguayare Local Area Concept Plan 4. Sangre Grande Local Area Concept Plan 5. Point Fortin Local Area Concept Plan 6. Couva Land Use Plan 7. Local Area Concept Plan for the Urban Corridor Barataria-Arima 8. Local Area Concept Plan for Greater Port of Spain 9. Local Area Concept Plan for Princes Town-Moruga 10. Local Area Concept Plan for Penal-Siparia-Fyzabad 11. Chaguanas-Cunupia Local Area Concept Plan 12. Tobago Local Area Concepts The following plans are currently being finalized: 1. San Fernando Land Use Plan and Development Proposals 2. Land Use Plan and Development Proposals for the Port of Spain Waterfront Area


ANNEX D LIST OF DOCUMENTS REVIEWED

1. Planning and Development of Land (No. 2) Bill, 1998

2. Interim National Physical Planning Commission: Brief History. Document provided by the INPPC

3. "Short Term Development Plan for the Institutional Rationalisation and Design of the National Physical Planning Commission" - Final Report, by PriceWaterhouseCoopers, December 7, 1998

4. Urban and Regional Planning Act: Guidelines, Annex IV: Appendix 2.

5. Letter of Sectoral Policy, August 11 1995

6. Report of the "Committee" convened to Implement Cabinet Minute No. 770 Re: Establishment of a System of Uniform Boundaries for all Regional and District Offices of Ministries/Departments. Ministry of Housing & Settlements

7. Committees, Sub Committees and other Committees of the Interim National Physical Planning Commission. Supplied by INPPC

8. Report on the Work of the Interim National Physical Planning Commission, Note for Cabinet, June 25, 1997

9. Consultation for National Development, Document supplied by the National Consultation Coordinator, INPPC