analysis & interpretation of section 10-12 of the town & country planning act

8/7/2019 ANALYSIS & INTERPRETATION OF SECTION 10-12 OF THE TOWN & COUNTRY PLANNING ACT

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UNIVERSITY OF TECHNOLOGY

FACULTY OF THE BUILT ENVIRONMENT

SCHOOL OF BUILDING AND LAND MANAGEMENT

URBAN & REGIONAL PLANNING

ANALYSIS &

INTERPRETATION

OF SECTION 10-12

OF THE TOWN &

COUNTRY PLANNING

ACT

DEVELOPMENT ORDER & ITS EFFECTS

GROUP MEMBERS:

KARYLL BEECHER

MARIO ANDERSON

MIKHAIL DOUSE

KHAN WALTERS

ANEISHA SAMUELS

NICKESHIA LINDSAY

QUIJANO GRANT

GARCIA WILSON


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Table of Contents

Introduction .................................................................................................................... 3PART 3 Section 10 (1) A,B,C,D ..................................................................................... 4PART 3 Section 10(2) (3) A,B ....................................................................................... 5PART 3 Section 10(4) 11 (1) & (1A)............................................................................... 6PART 3 Section 11(2) A & B.......................................................................................... 7PART 3 Section 11(3) A & B.......................................................................................... 8PART 3 Section 11 (3) C,D, E........................................................................................ 9PART 3 Section 11 (4) & 12 (1) & (1A) ........................................................................ 10PART 3 Section 12(2) ................................................................................................... 11Conclusion .................................................................................................................... 12


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Introduction

This group was given the task to interpret and analyze Section 10- 12 of the Town and

Country Planning Act. This section of the act focuses on the creation and effects of

Development Orders. These development orders strategically outline the conditions or

specification under which development can take place. The Town and Country Planning

Act, in itself, provide guidelines as to the creation and effective use of development

orders.


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PART 3 Section 10 (1) A,B,C,D

This section deals with the contents and effects of development orders. It states that every

confirmed development order should:

a) Clearly define the area which it relates to e.g. geography, population etc..

b) Must contain provisions to facilitate the development of land within the area, thatthe development order governs, e.g. a ManchesterDevelopment Order must

contain provisions which facilitate development of land within Manchester. The

Town and Country Planning Act goes on to state that any confirmed development

order must make provisions for any matter mentioned in the Second Schedule e.g.

buildings, roads, public services.

d) The development order must grant permission for development of land in the areagoverned by the development order. Permission may be granted:

y Provided that, that type or class of development is provided for under thedevelopment order.

y May be granted by the ParishCouncil or K.S.A.C provided that this isdone in accordance with the provisions contained within the Development

Order.


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PART 3 Section 10(2) (3) A,B

2. Part 3, Section 10, Sub section 2 of the Town and Country Planning Act statesthat where permission is granted by a development order, this development may

be allowed to proceed as proposed or it may need to be changed to fulfil

specifications or provisions contained within the order.

3. A) Part 3, Section 10, Sub section 3,Part A of the Town and Country PlanningAct states that where planning permission is granted to erect, alter or extend any

building, the developer must seek the approval of the local planning authority

(parish council or K.S.A.C), where the design or external appearance of the

structure is concerned. This means the parish council/K.S.A.C needs to approve

the building plans for said development.

B) Part 3, Section 10, Sub section 3,Part B of the Town and CountryPlanning Act states that where planning permission is granted for any specified

class, the Town and Country Planning Authority as well as the local authority

(parish council/KSAC) has the power to ensure that the permission that has been

granted shall not apply ANY development in any particular area. This means it

should not be a one size fit all situation.


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PART 3 Section 10(4) 11 (1) & (1A)

4) Any act which exists prior to this act will not be applicable. If any act exists after

this act such as bylaws, then those ought to be observed. That is to say this act takes

precedence.

11(1) The parish council/KSAC decides whether or not a plan is approved, in

consultation with the Development Order.

1A) Where an application under subsection 1 falls under the auspice of section 9 of

the NRCAAct permission will not be granted unless:

i) an application has been made to the NRCA.

ii) the NRCAhas signified its intention in writing to grant a permit.


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PART 3 Section 11(2) A & B

In the granting of permission, conditions may be applied:

A. to regulate development or control land use. This occurs in situations where thelocal planning authority makes the decision on whether or not to grant permission,

while bearing in mind the development that has been authorized by the

permission;

B. where there needs to be removal of any buildings or works or where there needsto be change of use or the carrying out of works to reinstate land to some previous

form.


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PART 3 Section 11(3) A & B

The development order regulates the manner in which applications for permission to

develop land are dealt with by the ParishCouncils and the K.S.A.C.

A. The provisions contained in the development order enable the Minister ofPlanning to give directions which restrict parish councils/K.S.A.C. from granting

permission.

B. There are instances where there might be areas which are not covered by the orderand in such instance the Prime Minister can authorize the parish councils and the

K.S.A.C. to grant permission to develop those areas.


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PART 3 Section 11 (3) C,D, E

C. Directions has to be given by the Minister or stated by or in the order before anydevelopment may be referred to the local planning authorities for them to grant or

refuse to give any permission.

D. When an applicant seeks permission from the local planning authority, the timethe application will take to process and the manner in which it is handled will be

determined by the order.

E. The local Planning authority should supply the Minister and other persons withany information regarding applications for permission made to them and also the

way in which the applications were handled as stated by the order.


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PART 3 Section 11 (4) & 12 (1) & (1A)

4. According to this section of the Town and Country Planning Act, theDevelopment Order stipulates a prescribed manner or way in and by which each

parish council and the K.S.A.C. should keep a register containing all pertinent

information with respect to all applications.

12.(1). Parish councils and the corporation may not act independently of the Townand Country Planning Authority.

(1A). Applications which seek permission by the councils that are not in

accordance with the Development Order must be referred to the Town and

Country Planning Authority.


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PART 3 Section 12(2)

12.(2). Upon the reference of an application to councils that was restricted, theapplication should be documented and the details of it can be recorded as well;

these documentations should be available for scrutiny at anytime; the councils can

decide upon cancellation as it applies; This ensures that both the council and

applicant has the opportunity to argue their case before legal counsel.


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Conclusion

In analyzing these portions listed in the Town and Country Planning Act, it is now clearer

how a development order is an effective tool used to fuel or guide development. When

these guidelines are efficiently followed, development in a particular area will be

maintained and regulated.

analysis & interpretation of section 10-12 of the town & country planning act

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