Act N° 23 of 2016 - Physical Planning Act - Grenada

(1) The Minister shall secure consistency and continuity in the administration of this Act in accordance with the objects set out in section 3. 

(2) The Minister may give to the Authority, directions of a general character, as to the policy to be followed by the Authority in the performance of its functions under this Act, and the Authority shall give effect to those directions. 

(3) The Minister shall on the recommendation of the Authority prescribe regulations governing the appointment, discipline and control of the staff of the Authority. 

(4) In exercising his functions, the Minister shall be guided by the principle that the provisions of this Act shall be applied uniformly, fairly and equally to all persons. 

 

There is hereby established a body corporate, to be known as the Planning and Development Authority, to carry out such functions as are by this Act conferred upon it. 

(2) The head of the Physical Planning Unit may be the Chief Executive Officer of the Authority and, subject to any general or special directions of the Authority, is responsible for carrying out the general policy of the Authority. 

(5) Without restricting the generality of subsection (3), the Chief Executive Officer shall– 

(a)  institute, complete, maintain and keep un- der review, a study of the matters pertinent to planning the use and development of land in Grenada; 

(b)  prepare or cause to be prepared, develop- ment plans in accordance with Part III of this Act.

 

Any physical plan prepared under subsections (1) and (2), requires the approval of the Parliament and only takes effect when approved by the Parliament. 

(1) The Chief Executive Officer may prepare, or cause to be prepared, a physical plan for the whole of Grenada within three years after the commencement of this Act. 

(2) In preparing a physical plan for Grenada, the Chief Executive Officer may adopt, with or without variations, a physical plan for any area of Grenada proposed by any person who has an interest in that area, or by a community situated in or the local authority for that area. 

 

(2) A physical plan may as appropriate– 

(a)  allocate land for conservation or for use or development for agricultural, residential, industrial, commercial, tourism or other purposes of any class specified in the plan; 

(b)  provide for the matters set out in the Second Schedule. 

(3) A physical plan may– 

(a)  define the sites of proposed roads, public and other buildings and works, or the allocation of land for agriculture, residential, industrial or other purposes of any class, and the conditions under which such development should be carried out; 

(b)  designate any area as being an area which, for reasons of flooding, erosion, subsidence, instability, aircraft safety, or other hazards, conservation or other environ- mental considerations, should not be developed; 

(c)  make proposals for the preservation of buildings, sites and other features for architectural, cultural, archaeological or historical reasons. 

(3) Upon finalizing the physical plan, the Chief Executive Officer shall submit the physical plan to the Authority, who shall then submit the physical plan to the Minister for his or her approval. 

14. (2) Without limiting subsection (1), the Authority shall at least once in every five years after the date on which a physical plan is approved, review and report on the plan as aforesaid. 

(1) When the Authority prepares or adopts a physical plan, the Authority shall submit a copy to the Minister and make copies available for public inspection at its offices or any other places the Authority considers appropriate, to bring the plan to the attention of persons who are likely to be affected, directly or indirectly, by the proposals in it. 

(2) After considering the draft physical plan and the report submitted by the Authority under section 12, the Minister may accept the plan, with or without modifications, or may reject it. 

 

Where a physical plan, or any amendment to a physical plan, is approved by Parliament– 

(a)  the Authority shall take into consideration the approved physical plan in determining any application for permission to develop land in the area covered by the plan; and 

(b)  the Government shall be guided by the approved plan in the preparation of any public sector development project or programme. 

 

In this Act, unless context otherwise requires-

“Authority” means the body established as the Planning and Development Authority under section 5; 

“Chief Executive Officer” means the person responsible for the day to day administration and supervision of the staff of the Physical Planning Unit and the implementation of the policies of the Authority; 

“Minister” means the Minister, for the time being, charged with the responsibility for planning and development; 

“Physical Planning Unit” means a unit, whether or not called by that name, responsible for the implementation of this Act and located in the Ministry responsible for physical planning.