Development and Planning Law (1995 Revision) THE DEVELOPMENT AND PLANNING LAW (28 OF 1971)

Development and Planning Law (1995 Revision) Supplement No. 2 published with Gazette No. 15 of 24th July, 1995. THE DEVELOPMENT AND PLANNING LAW (28 OF 1971) (1995 Revision) Consolidated with Laws 13 of 1974, 2 of 1975, 16 of 1977, 24 of 1977, 9 of 1981, 7 of 1983, 25 of 1984, 1 of 1989, 8 of 1989, 3 of 1990, 20 of 1990 (part), 9 of 1991 and 6 of 1993. Revised under the authority of the Law Revision Law (19 of 1975). Originally enacted- Law 28 of 1971-20th December, 1971 Law 13 of 1974-14th October, 1974 Law 2 of 1975-1st May, 1975 Law 16 of 1977-28th July, 1977 Law 24 of 1977-5th December, 1977 Law 9 of 1981-9th March, 1981 Law 7 of 1983-22nd February, 1983 Law 25 of 1984-13th December, 1984 Law 1 of 1989-22nd February, 1989 Law 8 of 1989-25th May, 1989 Law 3 of 1990-20th February, 1990 Law 20 of 1990-6th September, 1990 Law 9 of 1991-8th March, 1991 Law 6 of 1993-21st June, 1993 Consolidated and revised this 4th day of July, 1995. 1 Development and Planning Law (1995 Revision) 2 Development and Planning Law (1995 Revision) DEVELOPMENT AND PLANNING LAW (1995 Revision) ARRANGEMENT OF SECTIONS 1. Short title 2. Definitions PART I-Central Administration 3. Establishment and constitution of Central Planning Authority 4. Appointment of staff 5. Duties of Authority PART II-Development Plans 6. Preparation of development plans 7. Amendment of development plans 8. Approval of development plans 9. Deposit of development plans PART III-Control of Development of Land 10. Provisions for development 11. Functions of the Board 12. Application for planning permission 13. Supplementary provisions re grants of planning permission 14. Revocation and modification of planning permission 15. Enforcement of planning control 16. Appeal against enforcement notice 17. Supplementary provisions as to enforcement 18. Penalties for failure to comply with certain enforcement notices 19. Continuing operation of enforcement notices 20. Stop notice 21. Compensation for loss due to stop notice 22. Preservation of trees and woodlands 23. Storm belts 24. Maintenance of waste land, etc. 25. Taking ballast from shoreline an offence 26. Application of Part III to development in Cayman Brac and Little Cayman PART IV-Compensation For Refusal, Or Conditional Grant Of, Planning Permission 3 Development and Planning Law (1995 Revision) 27. Definition of “planning decision” 28. Compensation for planning decisions 29. No compensation payable in certain cases 30. No compensation if other development permitted 31. General provisions as to claims for compensation 32. Acquisition of land in lieu of compensation PART V-Acquisition And Disposal Of Land For Planning Purposes 33. Acquisition of land 34. Amendment of section 21 of Cap. 81 for the purpose of this Law PART VI-Supplemental 35. Powers of entry 36. Service of notices 37. Powers to require information 38. Regulations 39. Application to land regulated by special enactments 40. Unfinished buildings 41. Appeals Tribunal 42. Cayman Brac and Little Cayman Appeals Tribunal 43. Appeals against decisions of the Authority 44. Appeals against decisions of the Board 45. Annual report 46. Saving of existing laws 47. Financial provision 48. Application 49. General penalty First Schedule: Constitution and procedure of the Authority and Board Second Schedule: Matters for which provision may be made in development plans DEVELOPMENT AND PLANNING LAW (1995 Revision) 4 Development and Planning Law (1995 Revision) 1. This Law may be cited as the Development and Planning Law (1995 Short title Revision). 2. (1) In this Law- Definitions “agriculture” includes horticulture, fruit growing, dairy farming, the breeding and keeping of livestock (including the farming of turtles in confinement), the use of land as grazing land, meadow land, market gardens and nursery grounds and “agricultural” has a corresponding meaning; “Appeals Tribunal” means the Appeals Tribunal established under section 42; “Authority” means the Central Planning Authority established under section 3(1); “Board” means the Development Control Board established under section 3(3); “building” includes any structure or erection of a permanent or semi-permanent nature and any part of a building as so defined, but does not include plant or machinery comprised in a building; “building” or “work” includes waste materials, refuse, garbage and any other matter deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly; “building operations” includes rebuilding operations, structural alterations of or additions to buildings, and other physical operations normally undertaken by a person carrying on business as a builder; “court” means a court of summary jurisdiction; “detached house” means a dwelling unit on its own exclusive lot; “development” has the meaning assigned to it by section 10(2) and “develop” has a corresponding meaning; “development plan” has the meaning assigned to it by section 6 and includes the plan deemed to be the first development plan of the Islands under section 6(5) and any amendment to a development plan; “Director” means the Director of Planning appointed under section 4; “duplex” means two dwelling units one above the other or side by side having a common wall and being on one lot; 5 Development and Planning Law (1995 Revision) “engineering operations” includes the formation and laying out of means of access to highways; “erection”, in relation to buildings, includes extension, alteration and re-erection. Law 2 of 1969 “former Law” means the repealed Land Development (Interim Control) Law, 1969; “functions” includes powers and duties; “Governor” means the Governor in Council; “highway authority” means the authority responsible for the maintenance of a road; “land” includes land covered by water and also includes incorporeal hereditaments of every tenure or description and any interest therein and also an undivided share in land; “outline planning permission” means permission for the erection of a building or for the use of land, which permission is granted subject to a condition that approval be given by the Authority at some later time to the site, design, density or external appearance of any such building or the means of access; “owner”, in relation to any building or land, means a person other than a mortgagee not in possession, who is for the time being entitled to dispose of the right of ownership of the building or land, whether in possession or reversion, and includes also a person holding or entitled to the rents and profits of the building or land under a lease or agreement the unexpired term whereof exceeds ten years; “permission granted for a limited period only” has the meaning assigned to it by section 12(2); “primary use” within a zone includes any use which is subsidiary to and compatible with the primary purpose of that zone; 1989 Revision “road” means a road as defined from time to time in the Roads Law (Revised); “statutory undertakers” means persons authorised by any law to carry on any road transport, water transport, dock, harbour or pier undertakings or any undertaking for the supply of electricity, water, telephonic, telegraphic, sewerage or quarrying services and “statutory undertaking” has a corresponding meaning; “subdivision”, in relation to land, means the division of any land other than buildings held under one ownership whether the subdivision is by conveyance, 6 Development and Planning Law (1995 Revision) transfer or partition, or for the purpose of sale, gift, lease or any other purpose and “subdivide” has a corresponding meaning; “Tribunal” means the Tribunal established under section 41(1); and “tree preservation order” has the meaning assigned to it by section 22(1). (2) Where, under this Law, the approval or sanction of the Legislative Assembly is required to any matter such approval shall have effect from the date on which the Legislative Assembly signifies approval or sanction thereto. PART I-Central Administration 3. (1) For the purposes of this Law there is established a body of persons to Establishment and be called the Central Planning Authority, exercising such functions throughout the constitution of Central Planning Authority Islands as are hereinafter assigned to it. (2) The Authority shall consist of a Chairman and twelve other members (one of whom shall be a member of the Board) appointed by the Governor. (3) A Development Control Board is established for the Islands of Cayman Brac and Little Cayman consisting of a Chairman and six other members who shall be appointed by the Governor. (4) An executive secretary for each body shall be appointed by the Governor. (5) Subject to the provisions of this section, the constitution and procedure of the Authority and Board shall be in accordance with the First Schedule. (6) Every member of the Authority or Board (not being a Government employee) is entitled to receive out of the Treasury the appropriate sum for attendance at any meeting of the Authority or Board payable quarterly upon the certificate of the Chairman of either body as to the number of attendances of each member. 4. (1) The Governor shall appoint a Director of Planning and such other Appointment of staff officers as appear necessary for the proper exercise of the functions of the Authority. (2) It is the duty of the Director to attend all meetings of the Authority. 7 Development and Planning Law (1995 Revision) 5. (1) It is the duty of the Authority to secure consistency and continuity in Duties of Authority the framing and execution of a comprehensive policy approved by the Executive Council with respect to the use and development of the land in the Islands to which this Law applies in accordance with the development plan for the Islands prepared in accordance with Part II or otherwise in operation by reason thereof. (2) All acts of the Authority shall be signified under the hand of the Director or such other officer as he may authorise. (3) The Authority may, with the approval of the Governor, by written instrument, delegate any of its functions under this Law (other than this power of delegation) to- (a) the Director; or (b) the Director and a member of the Authority. (4) Where, under subsection (3)(b), a function of the Authority is delegated to the Director and a member of the Authority that function cannot be exercised except jointly by the Director and that member. (5) A delegation under subsection (3) is revocable at will and does not prevent the exercise by the Authority of any function so delegated. PART II-Development Plans Preparation of 6. (1) A development plan includes such maps and descriptive matter in the development plans form of a planning statement as may be necessary to illustrate its proposals with such degree of particularity as may be appropriate to different parts of the Islands; and a development plan, may in particular- (a) define the sites of proposed roads, public and other buildings and works, airfields, parks, pleasure grounds, nature reserves and other open spaces; (b) allocate areas of land for use for agricultural, residential, industrial or other purposes of any use or class specified in the plan; and (c) designate, as land subject to acquisition by the Authority- (i)land allocated by the plan for purposes of any of their functions or the functions of a statutory undertaker or highway authority; and (ii)other land that, in the opinion of the Authority, ought to be subject to acquisition by the Authority for the purpose of securing its use in the manner proposed by the plan. 8 Development and Planning Law (1995 Revision) (2) A development plan shall not designate any land as land subject to acquisition by the Authority if it appears to it that the acquisition is not likely to take place within five years from the date on which the plan is approved. (3) Where any land is designated by a development plan as subject to acquisition by the Authority, then if at the expiration of one year from the date on which the plan, or the amendment of the plan, by virtue of which the land was first so designated came into operation, any of that land has not been acquired by the Authority, any owner of an interest in the land may serve on the Authority a notice requiring the interest of the owner in the land to be so acquired and if within six months after the service of that notice, or such longer period as may be agreed between the Authority and the owner, the interest of the owner has not been so acquired, the development plan shall have effect, after the expiration of the said six months, as if the land in which the said interest subsists was not designated as subject to acquisition by the Authority, but subject to such alternate restrictions as to user as shall be specified in the development plan. (4) Without prejudice to subsection (1), a development plan may make provision for any of the matters set out in the Second Schedule. (5) Any other provision of this Law to the contrary notwithstanding, the paper entitled the Planning Statement for the Cayman Islands, 1977 together with its appendices and accompanying map approved by a resolution of the Legislative Assembly on the 28th day of July, 1977 is deemed to be the first development plan of the Islands and to have been prepared and approved in accordance and after full and proper compliance with this Law. 7. (1) At least once in every five years after the date on which a development Amendment of plan for any area is approved by the Legislative Assembly the Authority shall development plans carry out a fresh survey of that area, and submit to the Legislative Assembly a report of the survey, together with proposals for any alterations or additions to the plan that appear to them to be required having regard thereto. (2) Notwithstanding subsection (1), the Authority- (i)shall, if at any time so required by the Governor, or by a resolution of the Legislative Assembly; or (ii)may, whenever it appears expedient, submit to the Legislative Assembly proposals for alterations or additions to any development plan. 8. (1) The Authority shall, in the course of preparing a development plan Approval of development relating to any land, or proposals for alterations or additions to any such plan, plans 9 Development and Planning Law (1995 Revision) consult with the Board and any other public authority concerned with the development contemplated in the area concerned and may consult with such other persons or bodies as they think fit, and the Authority shall, before submitting any such plan or proposals for approval by the Legislative Assembly, give to the Board and to any public authority as aforesaid and to any such persons or bodies as aforesaid an opportunity to make objections or representations with regard thereto. (2) Notice shall be published, in a public newspaper circulating in the Islands in two issues in each of two consecutive weeks, that the Authority has prepared in draft any such plan, and of the place or places in each district where copies of such plan or proposals may be inspected by the public. (3) (a) If any objection or representation with regard to any such plan or proposals is made in writing to the Authority within two months after the publication of the notice referred to in subsection (2), the Governor shall refer the matter to the Tribunal for an enquiry into all such objections or representations; and the Authority shall, before submitting any such plan or proposals for the approval of the Legislative Assembly, take into consideration the objections or representations together with the report thereon of the Tribunal and shall include such report with the plan or proposals submitted to the Legislative Assembly. (b) Where the Board objects to any such draft plan or proposals insofar as they relate to land within the limits of Cayman Brac or Little Cayman, the Board may include in its representations to the persons holding such enquiry alternative draft plans or proposals in relation to such land and, in that event, such alternative draft plans or proposals shall be included in the report of the Authority submitted to the Legislative Assembly unless modifications in the development plan submitted by the Authority to the Legislative Assembly take account of such alternative draft plans or proposals to the satisfaction of the Board. (4) If, as a result of any objection or representation considered, or public inquiry held, in connection with a development plan or proposals for amendment of such a plan, the Authority is of the opinion that the Board or any other authority or person ought to be consulted before it decides to make the plan either with or without modifications, or to amend the plan, as the case may be the Authority shall consult that authority or person, but unless otherwise directed by the Governor, they shall not be obliged to consult any other authority or person, or to afford any opportunity for further objections or representations or to cause any further public inquiry to be held. 10 Development and Planning Law (1995 Revision) 9. A development plan and any amendment thereof, as approved by the Deposit of development Legislative Assembly, shall be deposited with the Governor. plans PART III-Control Of Development Of Land l0. (1) Subject to this Law, permission shall be required under this Part for any Provisions for development of land that is carried out after the 17th day of January, 1972. Except development where otherwise provided for by this Law, permission shall not be given which would result in a development at variance with a development plan and in particular in the case of development in Cayman Brac or Little Cayman at variance with the guidelines therefor contained in any such plan. (2) In this Law, except where the context otherwise requires, the expression “development” means the carrying out of building, engineering or other operations in, on, over or under any land, the making of any material change in the use of any building or other land, or the subdivision of any land, except that the following operations or uses of the land shall not be deemed for the purposes of this Law to involve development of the land, that is to say- (a) the carrying out of works for the maintenance, improvement or other alteration of any building if the works affect only the interior of any dwelling-house or do not materially affect the external appearance of the building; (b) the carrying out by a highway authority of any works required for the maintenance or improvement or widening of a road; (c) the carrying out, with the approval of the Chief Engineer by any authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, cables or other apparatus, including the breaking open of any street or other land for that purpose; (d) the use of any buildings or other land within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such; (e) the use of any land for the purpose of agriculture (except living accommodation, grazing, dairy farming, the breeding or keeping of livestock, or the farming of turtles in confinement); (f) the erection or construction of gates, fences, walls or other means of enclosure not being with any setback adjacent to the sea, not exceeding three feet six inches in height and not constructed of sheet metal; or (g) the enlargement, improvement or other alteration of a dwelling- house provided that- (i)the square footage of the enlargement does not exceed ten per cent of the square footage of the ground floor or the house; 11 Development and Planning Law (1995 Revision) (ii)the enlargement is single storey; (iii)the regulations governing the setback of buildings and coverage of site are upheld; (iv)the enlargement is an integral part of the existing dwelling-house; and (v)a notice of intention to construct under this section is forwarded to the Authority. (3) The use for the display of advertisements on any external part of a building that is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building. (4) Approval will be given to the subdivision of land into six lots or less subject to compliance with zoning, access and other requirements. (5) Permission to develop land, the primary purpose of which is residential, for commercial, agricultural, religious, social or educational purposes (including recreational facilities and public and civic buildings), may be given by the Authority if it is satisfied that- (a) the applicant has published adequate notice of his application for such permission in two consecutive issues of a public newspaper circulating in the Islands; and (b) no objection which the Authority regards as raising grounds for the refusal of such permission is received by it within twenty-one days of the publication of the second of such issues. (6) Subject to subsection (5), permission to develop land, the primary purpose of which is for residential use, for any other purpose than such use shall not be granted unless the Authority is satisfied that- (a) the applicant has published adequate notice of his application for such permission in four consecutive issues of a public newspaper circulating in the Islands; and (b) consent to the granting of such approval has been given by a majority of all persons of full legal capacity who for the time being reside within a radius of one thousand five hundred feet of the boundaries of the land to which the application relates or who reside elsewhere in the Islands and own land within a radius of one thousand five hundred feet of the boundaries of the land to which the application relates. Functions of the Board 11. (1) There is hereby conferred exclusively upon the Board in relation only to Cayman Brac and Little Cayman the functions and powers (which but for this 12 Development and Planning Law (1995 Revision) section would be exercisable or enjoyable by the Authority) provided by sections 12 (save subsections (5) and (6)), 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 35 and 37. (2) In the absence of express provision to the contrary, nothing in subsection (1) shall serve, by implication or otherwise, to confer upon the Board any other of the Authority’s functions or powers under this Law. 12. (1) Subject to this section and section 5(1), where application is made to Application for planning the Authority for outline planning or permission to develop land, the Authority permission may grant permission either unconditionally or subject to such conditions as it thinks fit, or may refuse permission. (2) Without restricting the generality of subsection (1), conditions may be imposed on the grant of permission to develop land thereunder- (a) for regulating the development or use of any land under the control of the applicant (being land contiguous to the land that is the subject of the application) and for requiring the carrying out of works on any such land, so far as appears to the Authority to be expedient for the purposes of or in connection with the development authorised by the permission; and (b) for requiring the removal of any building or works authorised by the permission, or the discontinuance of any use of land so authorised, at the expiration of a specific period, and the carrying out of any works required for the reinstatement of land at the expiration of that period, and permission granted subject to any such condition as is mentioned by paragraph (b) is, in this Law, referred to as permission granted for a limited period only. (3) Approval granted by the Authority remains effective for one year only from the date of promulgation thereof. (4) Notice of application for planning permission (other than an application for permission having relation to a detached house or duplex) must be served upon all adjacent owners and copies of such notices enclosed with the relevant application to the Authority which will not consider applications in the absence of evidence of service of such notices. (5) Subject to section 43, the decision of the Authority on any application made to them under this section shall be final. 13 Development and Planning Law (1995 Revision) (6) Subject to section 44, the decision of the Board on any application to it under this section shall be final. Supplementary 13. (1) The power to grant permission to develop land under this Part shall provisions re grants of include power to grant permission for the retention on land of any buildings or planning permission works constructed or carried out thereon before the date of the application, or for the continuance of any use of land instituted before that date (whether without permission granted under this Part or in accordance with permission so granted for a limited period only); and references in this Part to permission to develop land or carry out any development of land, and to applications for such permission, shall be construed accordingly. (2) Any such permission as is mentioned in subsection (1) may be granted so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was instituted, or from the expiration of the said period, as the case may be. (3) Where permission is granted under this Part for erection of a building the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed. (4) Where permission to develop land is granted under this Part, then, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land and of all persons for the time being interested therein, but without prejudice to this Part with respect to the revocation and modification of permission granted thereunder. (5) Where permission to develop land is granted under this Part for a limited period only, nothing in this Part shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted. (6) In determining for the purposes of subsection (5), the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land begun in contravention of this Part. Revocation and 14. (1) Subject to this section, if it appears to the Authority that it is expedient, modification of planning having regard to the development plan and to any other material considerations, permission that any permission to develop land on an application made in that behalf under this Part should be revoked or modified, it may, by order, revoke or modify the permission to such an extent as appears to it to be expedient as aforesaid. 14 Development and Planning Law (1995 Revision) (2) The power conferred by this section to revoke or modify permission to develop land may be exercised- (a) where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed; or (b) where the permission relates to a change of the use of any land, at any time before the change has taken place: Provided that the revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out. (3) Where permission to develop land is revoked or modified by an order made under this section, then if on a claim made to the Authority within six months of the making of the order, it is shown that any person interested in the land has incurred expenditure in carrying out work that is rendered abortive by the revocation or modification, or has otherwise sustained loss or damage that is directly attributable to the revocation or modification, the Authority shall pay to that person compensation in respect of that expenditure, loss or damage. (4) No compensation shall be payable under subsection (3) in respect of loss or damage consisting of the depreciation in value of any interest in the land by virtue of the revocation or modification. (5) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work or upon other matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out that work, but except as aforesaid no compensation shall be paid under this section in respect of any work carried out before the grant of the permission that is revoked or modified, or by reason of any other loss or damage (other than loss or damage by way of depreciation in value of an interest in land) arising out of anything done before the grant of that permission. (6) Where the permission that is revoked or modified by an order under this section is permission for which compensation would be payable under Part IV in the circumstances therein mentioned, sections 28, 31 and 32 shall apply as if for references in section 28 to the refusal of the permission or the imposition of conditions on the grant thereof there were substituted references to the revocation of permission or the modification thereof by the imposition of conditions and section 28(1) shall have effect as if for the words “if the permission had been granted or had been granted unconditionally” there were substituted the words “if the permission had not been revoked or had not been modified”. 15 Development and Planning Law (1995 Revision) (7) Where by virtue of this section, compensation is payable in respect of expenditure incurred in carrying out any work on land, then if the Authority purchases any interest in that land, or a claim for compensation is made in respect of any such interest under section 28, any compensation payable in respect of that interest, or as the case may be, any compensation payable in respect of the interest under section 28 shall be reduced by an amount equal to the value of the works in respect of which compensation is payable under this section. Enforcement of planning 15. (1) If it appears to the Authority that any development of land has been control carried out after the appointed day without the grant of permission required in that behalf under this Part, or that any conditions subject to which such permission was granted in respect of any development have not been complied with, then the Authority may, within three years of such development being carried out, or in the case of non-compliance with a condition, within three years after the date of the alleged failure to comply with it, if they consider it expedient so to do having regard to the provisions of the development plan and to any other material considerations, serve on the owner and occupier of the land a notice under this section. (2) Where a prospective purchaser of any land serves notice on the Authority that- (a) he intends purchasing land described in the notice; and (b) he is unaware of any development having been carried out on that land without the grant of permission in that behalf, then, unless the Authority, within thirty-eight days of the receipt of such notice notifies such prospective purchaser of any development which has been carried out on that land without permission granted in that behalf, then all development thereon at the time of the receipt of such notice by the Authority shall, for the purposes of any enforcement notice thereafter issued, be deemed to have been permitted by the Authority. (3) Any notice served under subsection (1) (in this Law called an “enforcement notice”) shall specify the development that is alleged to have been carried out without the grant of such permission as aforesaid or, as the case may be, the matters in respect of which it is alleged that any such conditions as aforesaid have not been complied with, and may require the taking of such steps as may be specified for restoring the land to its condition before the development took place, or for securing compliance with the conditions, as the case may be and in particular any such notice may, for the purpose aforesaid, require the demolition or alteration of any buildings or works, the discontinuance of any use of the land or the carrying out on land of any building or other operations. 16 Development and Planning Law (1995 Revision) (4) Except as otherwise provided in this section, an enforcement notice shall take effect at the expiration of such period after the service thereof, as may be specified therein. (5) When, within the period mentioned in subsection (4), an application is made to the Authority under this Part for permission- (a) for the retention on the land of any buildings or works to which the enforcement notice relates; or (b) for the continuance of any use of the land to which the enforcement notice relates, the operation of the enforcement notice shall be suspended pending the final determination of the application, and if the permission applied for is granted on that application, the enforcement notice shall not take effect. (6) When within the period mentioned in subsection (4), an appeal is made to the court under section 16 by a person on whom the enforcement notice was served, the operation of the enforcement notice shall be suspended pending the final determination or withdrawal of the appeal. 16. (1) A person having an interest in the land to which an enforcement notice Appeal against relates may, at any time before the date specified in the notice as the date on enforcement notice which it is to take effect, appeal to a court against the notice, whether or not a copy of it has been served on him. (2) An appeal may be brought on the grounds that- (a) the matters alleged in the enforcement notice do not constitute a breach of planning control; (b) the breach of planning control alleged in the enforcement notice has not taken place; (c) the appellant, being a prospective purchaser of the land to which the enforcement notice relates, had served notice on the Authority in accordance with section 15(2) and that the Authority has failed to notify the appellant that the development to which the enforcement notice relates had been carried out without permission; (d) the breach of planning control alleged by the enforcement notice occurred on a date earlier than three years before the date on which the notice was served; (e) the steps required by the enforcement notice to be taken exceed what is necessary to remedy any breach of planning control or to achieve a purpose specified in section 15(3); or 17 Development and Planning Law (1995 Revision) (f) the period specified in the enforcement notice as the period within which any step is to be taken falls short of what should reasonably be allowed. (3) On any appeal under this section, the court- (a) if satisfied that grounds (a), (b), (c) or (d) of subsection (2) have been proven, shall quash the enforcement notice; (b) if satisfied that a variation of the enforcement notice on grounds (e) or (f) or both of subsection (2) would be appropriate, may vary the notice accordingly; or (c) in any other case, shall dismiss the appeal, and on any such appeal may make such order as to costs as the court thinks fit. (4) Where the enforcement notice is varied or the appeal dismissed, the notice, unless the court otherwise directs, shall take effect on the date of determination of the appeal. (5) The decision of the court under this section shall be final and binding on all parties concerned. Supplementary 17. (1) If, within the period specified in a enforcement notice, or within such provisions as to extended period as the Authority may allow, any steps required by the enforcement enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, the Authority may enter on the land and take those steps and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the land any expenses reasonably incurred by the Authority in that behalf; and if that person, having been entitled to appeal to the court under section 16, has failed to make such an appeal, he shall not be entitled in proceedings under this subsection to dispute the validity of the action taken by the Authority upon any ground that could have been raised by such an appeal. (2) Any expenses incurred by the owner or occupier of any land for the purposes of complying with an enforcement notice served under section 15, in respect of any development and any sums paid by the owner of any land under subsection (1) in respect of the expenses of the Authority in taking steps required to be taken by such an enforcement notice, shall be deemed to be incurred or paid for the use and at the request of the person by whom the development was carried out. (3) Where, by virtue of an enforcement notice, any use of land is required to be discontinued, or any conditions are required to be complied with in respect 18 Development and Planning Law (1995 Revision) of any use of land or in respect of the carrying out of operations thereon, then whoever, without the grant of permission in that behalf under this Part, uses the land or causes or permits to be carried out those operations, in contravention of the enforcement notice, is guilty of an offence and liable on summary conviction to a fine of five thousand dollars and, in the case of a continuing office, to a further fine of two hundred dollars for every day after the first day during which the use is so continued. (4) Nothing in this Part shall be construed as requiring permission to be obtained thereunder for the use of any land for the purpose for which it could lawfully have been used under this Part if the development in respect of which an enforcement notice served under section 15 had not been carried out. 18. (1) Subject to this section, where an enforcement notice has been served Penalties for failure to under section 15 on the person who was, when the notice was served on him, the comply with certain enforcement notices owner or occupier of the land to which the enforcement notice relates and within the period specified in the enforcement notice, or within such extended period as the Authority may allow, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, that person is guilty of an offence and liable on summary conviction to a fine of five thousand dollars and, in the case of a continuing offence, to a further fine of one thousand dollars for every day after the first day during which the requirements of the enforcement notice (other than the discontinuance of any use of land) remain unfulfilled. (2) If a person against whom proceedings are brought under this section has at some time before the end of the period specified in the enforcement notice for compliance with the notice (or of such extended period as the Authority may allow for compliance with the notice) ceased to be the owner or occupier of the land, he shall, upon information duly laid by him and on giving to the prosecution not less than three days’ clear notice of his intention, be entitled to have the person who then became the owner or occupier of the land joined in the proceedings. (3) If, after it has been proved that any steps required by the enforcement notice have not been taken as aforesaid, the original defendant proves that the failure to take the steps was attributable in whole or in part to the default of the person joined in the proceedings as aforesaid, that person may be convicted of the offence and if the original defendant further proves that he took all reasonable steps to secure compliance with the enforcement notice, he shall be acquitted of the offence. 19. (1) Compliance with an enforcement notice may call for - Continuing operation of enforcement notices 19 Development and Planning Law (1995 Revision) (a) the demolition or alteration of any buildings or works; (b) the discontinuance of any use of land; or (c) any other requirements in the enforcement notice. (2) Without restricting the generality of subsection (1), where any development is carried out on land by way of reinstating or restoring buildings or works that have been demolished or altered in compliance with an enforcement notice, the enforcement notice shall, notwithstanding that its terms are not apt for the purpose be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were demolished or altered and section 17(1) and (2) shall apply accordingly. (3) Without affecting the operation of section 18, whoever carries out any development on land by way of reinstating or restoring buildings or works that have been demolished or altered in compliance with an enforcement notice is guilty of an offence and liable on summary conviction to a fine of five thousand dollars. Stop notice 20. (1) Where in respect of any land the Authority- (a) has served a copy of an enforcement notice requiring a breach of planning control to be remedied; but (b) considers it expedient to prevent before the expiry of the period allowed for compliance with the enforcement notice the carrying on of any activity which is or is included in a matter alleged by the notice to constitute the breach, then, subject to the following provisions of this section, the Authority may, at any time before the notice takes effect, serve a notice (in this Law referred to as a “stop notice”) referring to and having annexed to it a copy of the enforcement notice and prohibiting the carrying out of that activity on the land, or on any part of the land specified in the stop notice. (2) A stop notice shall not prohibit- (a) the use of any building as a dwelling-house; or (b) the taking of any steps specified in the enforcement notice as required to be taken in order to remedy the breach of planning control, and where an activity has been carried out (whether continuously or otherwise) without planning permission on land for a period which commenced more than twelve months before the date on which a stop notice is served, the stop notice shall not prohibit the carrying out of that activity on that land unless it is, or is incidental to, building engineering or other operations. 20 Development and Planning Law (1995 Revision) (3) A stop notice shall cease to have effect when- (a) the enforcement notice is withdrawn or quashed; (b) the period allowed for compliance with the enforcement notice expires; or (c) notice of the withdrawal of the stop notice is first served under subsection (5), and a stop notice shall also cease to have effect if or to the extent that the activities prohibited by it cease, on a variation of the enforcement notice, to be included in the matters alleged by the enforcement notice to constitute a breach of planning control. (4) A stop notice may be served by the Authority on any person who appears to the Authority to have an interest in the land or to be engaged in any activity prohibited by the notice; and where a stop notice has been served in respect of any land, the Authority may display on the land a notice (in this section referred to as a “site notice”) stating that a stop notice has been served and that any person contravening it may be prosecuted for an offence under this section, giving the date when the stop notice takes effect and indicating its requirements. (5) The Authority may, at any time, withdraw a stop notice (without prejudice to its power to serve another) by serving a notice to that effect on the persons served with the stop notice and, if a site notice was displayed in respect of the stop notice, by displaying a notice of the withdrawal in place of the site notice. (6) Subject to subsection (7), whoever contravenes, causes or permits the contravention of a stop notice- (a) after a site notice has been displayed; or (b) if a site notice has not been displayed, more than two days after the stop notice has been served on him, is guilty of an offence and liable on summary conviction to a fine of five thousand dollars, and if the offence is continued after conviction, is guilty of a further offence and liable on summary conviction to a fine of one thousand dollars for each day on which the offence is continued. (7) In proceedings for an offence under this section it shall be a defence for the accused to prove that the stop notice was not served on him and that he did not know, and could not reasonably have been expected to know, of its existence. (8) A stop notice shall not be invalid by reason that a copy of the enforcement notice to which it relates was not served as required by section 15(1), 21 Development and Planning Law (1995 Revision) if it is shown that the Authority took all such steps as were reasonably practicable to effect proper service. (9) Any reference in this section to the period allowed for compliance with an enforcement notice shall be construed in accordance with section 17(1) or 18(1). Compensation for loss 21. (1) A person who, when a stop notice under section 20 is first served, has due to stop notice an interest in or occupies the land to which the stop notice relates shall, in any of the circumstances mentioned in subsection (2), be entitled to be compensated by the Authority in respect of any loss or damage directly attributable to the prohibition contained in the notice or, in a case within paragraph (b) thereof, so much of that prohibition as ceases to have effect. (2) A person shall be entitled to compensation under subsection (1) in respect of a prohibition contained in a stop notice if- (a) the enforcement notice is quashed by a court; (b) the enforcement notice is withdrawn by the Authority otherwise than in consequence of the grant by the Authority of planning permission for the development to which the notice relates or for its retention or continuance without compliance with a condition subject to which a previous planning permission was granted; or (c) the stop notice is withdrawn. (3) A claim for compensation under this section shall be made to the Authority within the time and in the manner prescribed by regulations made under this Law. (4) The loss or damage in respect of which compensation is payable under this section in respect of a prohibition may include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition. Preservation of trees and 22. (1) If it appears to the Authority that it is expedient in the interests of woodlands amenity to make provision for the preservation of any tree, trees or woodlands in any area, it may, for that purpose, make an order (in this Law referred to as a tree preservation order) with respect to any such tree, trees, groups of trees or woodlands as may be specified in the order; and, in particular, provision may be made by any such order- (a) for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping or wilful 22 Development and Planning Law (1995 Revision) destruction of trees except with the consent of the Authority which may be given subject to conditions; (b) for securing the replanting, in such a manner as may be prescribed by or under the order, of any part of a woodland area that is felled in the course of forestry operations permitted by or under the order;

(c) for applying, in relation to any consent under the order, and to applications therefor, any of the provisions of this Part relating to permission to develop land, and to applications for any such permission, subject to such adaptations and modifications as may be specified in the order; and (d) for the payment by the Authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of damage or expenditure caused or incurred in consequence of the refusal of any consent required under the order, or the grant of any such consent subject to conditions. (2) Provision may be made by regulations with respect to the form of tree preservation orders and the procedure to be followed in connection with the making and approval of such orders, and such regulations shall, in particular, make provision for securing- (a) that notice shall be given to the owners and occupiers of land affected by any such order; (b) that objections and representations with respect to the proposed order duly made in accordance with the regulations shall be considered before the order is made by the Authority; and (c) that copies of the order when it comes into operation shall be served on the owners and occupiers of the land to which it relates. (3) Notwithstanding subsection (2), where it appears to the Authority that any tree preservation order should take effect immediately, they may make the order provisionally without complying with the requirements of any regulations with respect to the consideration of objections and representations, but any order so made shall cease to have affect upon the expiration of two months from the date on which it is so made unless within that period it has again been made, with or without modifications, after compliance with those requirements. (4) Without limiting the other exemptions for which provision may be made by a tree preservation order, no such order shall apply to the cutting down, topping or lopping of trees in compliance with any obligation imposed by or under any law or so far as may be necessary for the prevention or abatement of a nuisance. 23 Development and Planning Law (1995 Revision) (5) Whoever contravenes a tree preservation order, is guilty of an offence and liable on summary conviction to a fine of four hundred dollars and in the case of a continuing offence, to a further fine of twenty dollars for every day after the first day during which the contravention is so continued. Storm belts 23. Storm belts as indicated on a development plan shall not be the subject of development or clearance other than by persons authorised in that behalf by the Authority and to the extent and in the manner, if any, directed by them. Maintenance of waste 24. If it appears to the Authority that the amenity of any area is seriously injured, land, etc. by reason of the ruinous or dilapidated condition of any buildings, or by the condition of any buildings, or by the condition of land due to the deposit of refuse, spoil or derelict vehicles or the occupation of land or a public road for purposes of the repair of vehicles, it may serve on the owner or occupier of the land or the person responsible a notice requiring such steps to be taken for abating the injury as may be specified by the Authority. Whoever fails to comply with such notice is guilty of an offence and liable on summary conviction to a fine of two hundred dollars and in default of payment or in lieu of such fine to imprisonment for three months and in the case of a continuing offence to a further fine of ten dollars for each day on which the offence continues. Taking ballast from 25. (1) Without prejudice to this or any other law, whoever, without the shoreline an offence express permission of the Authority, given in writing takes or removes any sand, gravel, pebbles, stone, coral or other filling from any area between mean high water mark and five hundred feet inland thereof, or from any land covered by water, is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to imprisonment for three months in respect of each separate taking or removal, and whoever aids or abets any person in the commission of such offence shall, on summary conviction, be punishable in the same manner as the principal offender: Provided that nothing in this subsection shall apply to the taking or removal from domestic purposes by any person of any of the substances hereinbefore referred to in a quantity not exceeding one cubic yard in any one month. (2) Whoever, in any area or land referred to in subsection (1), is found by any constable in possession or control of sand, gravel, pebbles, stone, coral or other filling loaded or being loaded in or being unloaded from any vehicle shall be deemed to have contravened subsection (1) until he proves the contrary. Application of Part III to 26. For the avoidance of doubt it is hereby declared that this Part shall apply to development in Cayman the development of land in Cayman Brac and Little Cayman irrespective of Brac and Little Cayman 24 Development and Planning Law (1995 Revision) whether any of the functions of the Authority under this Part have been delegated to the Board. PART IV-Compensation For Refusal, Or Conditional Grant Of, Planning Permission 27. In this Part- Definition of “planning decision” “planning decision” means in the case of an application for permission to develop made under Part III, a refusal of that permission or a grant thereof whether or not subject to conditions. 28. (1) If, on a claim made to the Authority in the manner prescribed by Compensation for regulations made under this Law, it is shown that, as a result of a planning planning decisions decision involving a refusal of permission or a grant thereof subject to conditions, the value of the interest of any person in the land to which the planning decision relates is less than it would have been if the permission had been granted or had been granted unconditionally, then the Authority shall, subject to this Part, pay to that person compensation of an amount equal to the difference. (2) In determining for the purposes of subsection (1) to what extent, if any, the value of any interest in land is less than it would have been if the permission therein referred to had been granted or had been granted unconditionally, it shall be assumed that any subsequent application for permission in respect of the land would be determined in the same way, except that if, on the refusal of permission for the development in respect of which application is made, the Authority undertakes to grant permission for any other development of the land in the event of an application being made in that behalf, regard shall be had to the undertaking in determining the matter aforesaid. 29. (1) Subject to any regulations, compensation under this Part shall not be No compensation payable- payable in certain cases (a) in respect of the refusal of permission for any development that consists of or includes the making of any material change in the use of any buildings or other land; (b) in respect of the refusal of permission to develop land if the reason or one of the reasons stated for the refusal is that the development of the kind proposed would be premature by reference to - (i)the order of priority, if any, indicated in the development plan for the area in which the land is situated for development in that area; or 25 Development and Planning Law (1995 Revision) (ii)any existing deficiency in the provision of roads, water supplies or sewerage services and the period within which any such deficiency may reasonably be expected to be made good; (c) in respect of the refusal of permission to develop land if the reason or one of the reasons stated for the refusal is that the land is unsuitable for the proposed development on account of its liability to flooding or subsidence; (d) in respect of the imposition, on the granting of permission to develop land of any condition relating to- (i)the number or disposition of buildings on any land; (ii)the dimensions, design, structure or external appearance of any building, or the materials to be used in its construction; (iii)the manner in which any land is to be laid out for the purposes of the development including the provision of facilities for the parking, loading, unloading or fuelling of vehicles on land; (iv)the use of any buildings or other land; or (v)the location or design of any means of access to a highway, or the materials to be used in the construction thereof; or (e) in respect of the refusal of permission for any development where such development was prohibited or permission could have been refused under the former Law or any statutory instrument made thereunder in force immediately prior to the 17th day of January, 1972. (2) For the purpose of this section, a planning decision whereby permission to develop land is granted subject to a condition prohibiting development of a specified part of that land shall be treated as a decision refusing the permission as respects that part of the land. (3) For the avoidance of doubt, it is hereby declared that paragraph (a) of subsection (1) applies only to a building or other land which has a predominant existing use at the time when, or within two years before, a development plan takes effect, including use as agricultural land, or to any land which has been developed after a development plan takes effect, but does not apply to land which has not been developed in any way. No compensation if other 30. (1) Subject to any regulations, compensation under this Part shall not be development permitted payable in respect of a planning decision whereby permission is refused for the development of land if, notwithstanding that refusal, there is available with respect to that land planning permission for development to which this section applies. 26 Development and Planning Law (1995 Revision) (2) Where planning permission for development to which this section applies is available with respect to part only of the land, this section shall have effect only insofar as the interest subsists in that part. (3) Where a claim for compensation under this Part is made in respect of an interest in any land, planning permission for development to which this section applies shall be taken for the purposes of this section to be available with respect to that land or a part thereof if, immediately before the Authority gives notice of their findings in respect to that claim, there is in force with respect to that land or such part thereof, a grant of, or an undertaking by the Authority to grant, planning permission for some such development, subject to no conditions other than such as are mentioned in paragraph (d) of section 29(1). (4) This section applies to any development of a residential, commercial or industrial character, if the development consists wholly or mainly of the construction of houses, flats, shop or office premises, hotels, garages and petrol filling stations, cinemas or industrial buildings (including warehouses) or any combination thereof. 31. (1) Compensation under this Part shall not be payable unless a claim for it General provisions as to is duly made in accordance with this section. claims for compensation (2) A claim for compensation under this Part shall not have effect unless it is made before the end of the period of six months beginning with the date of the planning decision to which it relates, but the Authority may in any particular case (either before, on or after that date on which the time for claiming would otherwise have expired) allow an extended or further extended period for making such a claim. (3) Regulations made by the Authority under this section may- (a) require claims for compensation under this Part to be made in a form prescribed by the regulations; and (b) require a claimant to provide the Authority with such evidence in support of the claim, and such information as to the interest of the claimant in the land to which the claim relates, and as to the interests of other persons therein that are known to the claimant, as may be so prescribed. (4) Compensation payable under this Part shall, in default of determination Cap. 81 by agreement, be determined in accordance with the procedure under the Land Acquisition Law with such modifications as circumstances may require. 27 Development and Planning Law (1995 Revision) 32. Where a claim for compensation under this Part in respect of any interest in Acquisition of land in lieu of compensation land has been determined in accordance with section 31, the Authority may, within one month after the date of the determination of such compensation and in lieu of paying the same, make an offer in writing to purchase the interest in land to which the claim for compensation relates and, if the person entitled to that interest is willing to sell the same, the Authority may forthwith acquire the interest in accordance with this Law, or if that person is unwilling to sell the same the Authority may, with the approval of the Legislative Assembly, so acquire the interest. Part V-Acquisition And Disposal Of Land For Planning Purposes Acquisition of land 33. (1) Where any land is designated in a development plan made under Part II as subject to acquisition by the Authority or may otherwise be acquired by the Authority under this Law then the Authority may notify the Governor of their intention so to acquire such land and thereupon the Governor may proceed to acquire such land pursuant to the Land Acquisition Law as land needed for a public purpose. (2) Any land acquired by the Governor at the instance of the Authority pursuant to this section shall be held by the Governor or transferred to any other person, in pursuance of this Law. (3) Nothing in this section shall be deemed to prevent the acquisition by agreement of any land mentioned in subsection (1). Amendment of section 34. For the purposes of determination of compensation for the compulsory 21 of Cap.81 for the acquisition of land under this Law, the Land Acquisition Law shall be construed purpose of this Law as if there were substituted for paragraph (a) of section 21 the following- “(a) the amount which the land might have been expected to realise if, in the condition in which it was at the date of notification of intention of appropriation, either in a development plan or otherwise, it had been sold in the open market by a willing seller at a date not less than twelve months prior to that date”. PART VI-Supplemental Powers of entry 35. (1) Any person duly authorised in writing by the Authority may, at any reasonable time, enter upon any land for the purpose of surveying it or estimating its value in connection with- (a) the preparation, approval, making or amendment of a development plan relating to the land under Part II, including the carrying out of any survey under that Part; 28 Development and Planning Law (1995 Revision) (b) any application under Part III, or under any order or regulations made thereunder, for any permission, consent or determination to be given or effected in relation to that or any other land under Part III or under any such order or regulations; (c) any proposal by the Authority to serve or make any notice or order under Part III or under any such order or regulations as aforesaid; or (d) any claim for compensation payable by the Authority under this Law. (2) A person authorised under this section to enter upon any land shall, if so required, produce evidence of his authority before so entering, and shall not demand admission as of right to any land that is occupied unless twenty-four hours notice of the intended entry has been given to the occupier. (3) Whoever wilfully obstructs a person acting in the exercise of his powers under this section is guilty of an offence and liable on summary conviction to a fine of one hundred dollars. (4) Where the land is damaged in the exercise of a power of entry conferred under this section or in the making of any survey for the purpose of which any such power of entry has been so conferred, compensation in respect of that damage may be recovered from the Authority by any person interested in the land. (5) Any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil. (6) A person shall not carry out any works authorised by subsection (5) unless notice of his intention so to do has been included in the notice required by subsection (2). 36. (1) Subject to this section, any notice or other document required or Service of notices authorised to be served or given under this Law, or under any regulation, order, direction or instrument in writing under this Law may be served or given either- (a) by delivering it to the person on whom it is to be served or to whom it is to be given; (b) by leaving it at the usual or last known place of abode of that person, or in the case in which an address for service has been furnished by that person, at that address; 29 Development and Planning Law (1995 Revision) (c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode, or in any case in which an address for service has been furnished by that person, at that address; or (d) in the case of a body corporate by delivering it to the secretary or clerk of the body corporate at its registered or principal office or sending it in a prepaid registered letter addressed to the secretary or clerk of the body corporate at that office. (2) Where the notice or document is required or authorised to he served on any person as having an interest in premises and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises the notice shall be deemed to be duly served if- (a) being addressed to him either by name or by the description of “the owner” or “the occupier”, as the case may be, of the premises (describing them) it is delivered or sent in the manner prescribed by paragraph (a), (b) or (c) of subsection (1); or (b) being addressed as aforesaid and marked in such a manner that is plainly identifiable as a communication of importance, it is sent in a prepaid registered letter to the premises and is not returned to the Authority sending it, or is delivered to some person on those premises or is affixed conspicuously to some object on those premises. (3) Where the notice or other document is required to be served on or given to all persons having interests in or being occupiers of, premises comprised in any land, and it appears that any part of that land is unoccupied, the notice shall be deemed to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has furnished an address for the service of the notice on him) if it is addressed to “the owners and any occupiers” of that part of the land (describing it), and is affixed conspicuously to some object on the land. Powers to require 37. The Authority may, for the purpose of enabling it to make any order or serve information any notice or other document that they are by this Law authorised or required to make or serve, require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises, to state in writing the nature of his interest therein, and the name and address of any other person known to him as having an interest therein, whether as freeholder, mortgagee, lessee or otherwise; and whoever, having been required in pursuance of this section to give information, fails to give that information or knowingly makes any 30 Development and Planning Law (1995 Revision) misstatement in respect thereof, is guilty of an offence and liable on summary conviction to a fine of fifty dollars. 38. (1) The Governor may make regulations for the better carrying out of this Regulations Law and for giving effect thereto and, in particular- (a) for prescribing the form of any notice, order or other document or thing authorised or required by this Law to be served made, issued or done; (b) for any purpose for which regulations are authorised or required to be made under this Law and for prescribing anything that by this Law is required or authorised to be prescribed by regulations; (c) for securing with respect to the constructing of buildings (including the materials used and design) that specified standards are observed (including a building code); and for securing the installation of suitable and adequate drains and drainage systems in connection with the buildings; (d) in relation to the construction of buildings for securing the proper access of air and light to buildings and parts of buildings and for prescribing the minimum dimensions of rooms in buildings; (e) for empowering such authorities or persons as may be specified in the regulations to administer or execute the regulations and to make orders, impose requirements or give directions for the purposes of the regulations; (f) for empowering such authorities or persons as may be specified in the regulations to take measures, including the entry and inspection of any land or building and the carrying out of works, to secure compliance with the regulations or any order, requirement or direction made, imposed or given thereunder; and for enabling such authorities or persons to recover expenses incurred by them in the exercise of any such power; (g) for the review or decisions given under the regulations; (h) in amplification of any of the matters specified in the Second Schedule; (i) for the public notification of applications for development the grant of which may injure neighbouring landowners, the right of objection of such landowners to the decision of the Authority or Board and the right of appeal of objectors; and (j) for the payment of interest and for grant of relief from taxes in any case where there is an unreasonable delay in an acquisition by the Authority, and for the grant of relief in cases where the application of this Law relating to compensation operates inequitably. 31 Development and Planning Law (1995 Revision) (2) Any regulations made under this Law may be made so as to apply generally or in relation to any particular area specified in the regulations. (3) No regulations shall be made pursuant to this Law unless a draft thereof has been laid before the Legislative Assembly and a resolution approving the draft has been passed by the Legislative Assembly. (4) Any regulation made under this Law may provide for the imposition of a fine of five thousand dollars and imprisonment for six months for any contravention of, or failure to comply with, such regulation. Application to land 39. For the avoidance of doubt it is hereby declared that the provisions of this regulated by special Law, and any restrictions or powers thereby imposed or conferred in relation to enactments land, apply and may be exercised in relation to any land notwithstanding that provision is made by any law or statutory instrument in force on the 17th day of January, 1972 for authorising or regulating any development of the land. Unfinished buildings 40. (1) Subject to this section, where any works for the erection or alteration of Law 2 of 1969 a building have been begun but not completed before the appointed day, then if any permission required under the former Law for the carrying out of these works has been granted, planning permission shall by virtue of this section be deemed to have been granted under Part III of this Law in respect of the completion of those works. (2) The permission deemed to have been granted by virtue of this section shall be deemed to have been so granted subject to any conditions imposed by the permission granted under the former Law and shall include permission to use the building when erected or altered for the purpose for which the building, or the building as altered, is designed. Appeals Tribunal 41. (1) For the purposes of this Law there is hereby established an Appeals Tribunal which shall consist of a Chairman, a Deputy Chairman (who in the temporary absence or inability to act of the Chairman, shall act as Chairman and exercise all the powers and functions of the Chairman), and three other members, all of whom shall be appointed by and hold office at the pleasure of the Governor. (2) Three members of the Tribunal shall form a quorum. (3) Members of the Tribunal shall be entitled to be paid out of the Treasury subsistence and travelling allowances at a rate equivalent to the agreed rate paid to members of the Legislative Assembly. 32 Development and Planning Law (1995 Revision) 42. (1) For the purposes of this Law, there is hereby established for Cayman Cayman Brac and Little Brac and Little Cayman an Appeals Tribunal which shall consist of a Chairman Cayman Appeals and three other members appointed by and holding office at the pleasure of the Tribunal Governor. The Chairman shall be a person holding the office of Magistrate and the members shall be persons for the time being resident in Cayman Brac or Little Cayman. (2) The Chairman and any two other members of the Appeals Tribunal shall form a quorum. (3) Members of the Appeals Tribunal (other than the Chairman) shall be entitled to be paid out of the Treasury subsistence and travelling allowances at a rate equivalent to the agreed rate paid to members of the Legislative Assembly. 43. (1) Any person aggrieved by a decision of the Authority may, within ten Appeals against days after receipt of notification of such decision (or within such longer period as decisions of the Authority the Tribunal may in any particular case allow for good cause), appeal by way of rehearing to the Tribunal against such decision on the ground that - (a) it is erroneous in law; (b) it is unreasonable; (c) it is contrary to the principles of natural justice; or (d) it is at variance with a development plan having effect in relation thereto, but not otherwise. (2) On any such appeal the Tribunal may make such order (including any order for costs) as it thinks just. (3) In the event of the Tribunal being equally divided in the matter of any decision the Chairman shall have a second or casting vote. (4) Any person aggrieved by a decision of the Tribunal under subsection (2) may, within fourteen days, appeal there against to the Grand Court. (5) After hearing the parties to an appeal under subsection (4), the Grand Court may confirm, reverse or modify any decision of the Tribunal and the decision of the Grand Court shall be final and binding upon the parties affected thereby. (6) The Chief Justice shall make rules for the better carrying out of this section, for the procedure and forms to be used for the admission of evidence and fees to be paid on any appeal under this Law. 33 Development and Planning Law (1995 Revision) 44. (1) Any person aggrieved by a decision of the Board may, within ten days Appeals against decisions of the Board after receipt of notification of such decision (or within such longer period as the Appeals Tribunal may in any particular case allow for good cause), appeal by way of rehearing to the Appeals Tribunal against such decision on the ground that- (a) it is erroneous in law; (b) it is unreasonable; (c) it is contrary to the principles of natural justice; or (d) it is at variance with a development plan having effect in relation thereto, but not otherwise. (2) Section 43(2), (4), (5) and (6) shall apply to appeals under this section as if references in that section to “the Tribunal” were references to the Appeals Tribunal. (3) The Chairman of the Appeals Tribunal shall not have an original vote but in the event of the other members of the Tribunal being equally divided he shall have a casting vote. Annual report 45. The Authority shall, during the month of March in every year, submit a report to the Governor for the information of the Legislative Assembly containing an account of the Authority’s activities during the twelve months ending on the thirty-first day of December next preceding the date of the report. Saving of existing laws 46. (1) Subject to subsection (2), nothing in this Law shall derogate from the- (a) Governor (Vesting of Lands) Law (Revised); 1977 Revision (b) Hotels Aid Law (1995 Revision); 1995 Revision (c) Land Acquisition Law; Cap.81 (d) Minerals (Vesting) Law (Revised); 1978 Revision (e) Mining Law; Cap. 103 (f) Mosquito (Research and Control) Law (Revised); 1976 Revision (g) Petroleum Law, 1978; Law 7 of 1978 (h) Public Health Law, 1981; Law 6 of 1981 (i) Roads Law (Revised); and 1989 Revision (j) Animals Law, 1976. Law 8 of 1976 (2) Where, but for subsection (1), the exercise of any power under any of the enactments specified under that subsection would contravene any development plan or require planning permission under Part III, then such power shall be exercised in consultation with the Authority and, in the event of any dispute between the Authority empowered to exercise such power and the Authority, the dispute shall be referred to the Governor for determination. 34 Development and Planning Law (1995 Revision) 47. Subject to the appropriation by the Legislative Assembly of the requisite Financial provision funds, the cost of the administration and giving effect to this Law shall be a charge on the Treasury. 48. This Law shall bind the Crown. Application 49. Whoever contravenes any provision of this Law for which no penalty is General penalty elsewhere prescribed is guilty of an offence and liable on summary conviction to a fine of five thousand dollars and to imprisonment for one year. FIRST SCHEDULE CONSTITUTION AND PROCEDURE OF THE AUTHORITY AND BOARD (Section 3 (5) ) 1. A member of the Authority or Board shall, subject to this Schedule, hold office for a period not exceeding two years but such member shall be eligible for re-appointment. 2. The Governor may appoint any person to act temporarily in the place of the Chairman or a member of the Authority or Board in the case of the absence or inability to act of the Chairman or of such member as the case may be. 3. The Chairman or any member may, at any time, resign his office by instrument in writing addressed to the Governor and such resignation shall take effect as from the date of receipt of such instrument by the Governor. 4. The Governor may, at any time, revoke the appointment of any member, including the Chairman. 5. The Authority or Board shall meet at such times as may be necessary or expedient for the transaction of business, and such meetings shall be held at such places and times and on such days as the Chairman may determine. 6. If the Chairman is absent from a meeting the other members present at the meeting shall elect one of their number to preside thereat as Chairman. 7. The quorum of the Authority shall consist of five members and the quorum of the Board of three members. 8. The decisions of the Authority or Board shall be by a majority of votes of members present and voting and, in addition to an original vote, the Chairman shall have a second or casting vote in any case in which the voting is equal. 35 Development and Planning Law (1995 Revision) 9. Minutes in proper form of each meeting shall be kept by the secretary and shall be confirmed by the Chairman as soon as practicable at a subsequent meeting. 10. Subject to this Schedule the Authority and Board shall have power to regulate their own proceedings. 11. The validity of any proceedings of the Authority or Board shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof. 12. The Authority and Board shall have the power to co-opt any person whom it considers able to assist it in its deliberations and, in that event, any person so co- opted shall be deemed to be a member for so long as he is co-opted save that such person shall have no vote and shall not be counted for the purposes of constituting a quorum. 13. In this Schedule “Chairman” includes a person appointed or elected as the case may be to act temporarily in place of the Chairman appointed by the Governor. SECOND SCHEDULE MATTERS FOR WHICH PROVISION MAY BE MADE IN DEVELOPMENT PLANS (Section 6(4)) Part I-Roads 1. Reservation of land for roads and establishment of rights of way. 2. Closing or diversion of existing roads and rights of way. 3. Construction of new roads and alteration of existing roads. 4. The line, width, level, construction, access to and egress from, and the general dimensions and character of roads, whether new or existing. 5. Providing for and generally regulating the construction or execution of works incidental to the making or improvement of any road, including the erection of bridges, culverts, gullies, fencing, barriers, shelters, the provision of artificial lighting, and seats and the planting or protecting of grass, trees and shrubs on or adjoining such road. 36 Development and Planning Law (1995 Revision) Part II-Buildings And Other Structures 1. Regulating and controlling, either generally or in particular areas- (a) the size and height and bulk of buildings; (b) building lines, site coverage and the space about buildings and on site parking; (c) the objects which may be affixed to buildings; (d) the purposes for and the manner in which buildings may be used or occupied including in the case of dwelling-houses, the letting thereof in separate tenements; and (e) the prohibition of building or other operations on any land, or regulating such operations. 2. Regulating and controlling the design and materials of buildings and fences, boundary walls and sea walls. 3. Allocating any particular land, or all land in any particular area, for buildings of a specified class or classes, or prohibiting or restricting either permanently or temporarily, the making of any building or any particular class or classes of buildings on any specified land. 4. Limiting the number of buildings or the number of buildings of a specified class which may be constructed, erected or made over, on, in or under any area. Part III-Community Planning 1. Providing for the control of land by zoning or designating it for specific uses. 2. Regulating the lay-out of housing areas including density, site coverage, subdivisions, spacing, grouping and orientation of houses in relation to roads, open spaces and other buildings. 3. Determining the provision and site of community facilities including shops, schools, churches, meeting halls, play centres and recreation grounds in relation to the number and site of houses. Part IV-Amenities 1. Allocation of land as open spaces whether public or private. 2. Allocation of land for burial grounds and crematoria. 3. Allocation of land- 37 Development and Planning Law (1995 Revision) (a) for communal parks; (b) for bird sanctuaries; (c) for the protection of marine life. 4. Preservation of buildings, reefs, sites and objects of artistic, architectural, archaeological or historical interest. 5. Preservation or protection of woods, trees, shrubs, plants and flowers. 6. Prohibiting, restricting and controlling, either generally or in particular places, the exhibition, whether on the ground, or any building or any temporary erection whether on land or in water, or in the air, of all or any particular forms of advertisement or other public notices. 7. Preventing, remedying or removing injury to amenities arising from the ruinous or neglected condition of any building or fence, boundary wall, sea wall, or by the objectionable or neglected condition of any land attached to a building or fence or abutting on a road or situate in a residential area. 8. Prohibiting, regulating and controlling the deposit or disposal of waste materials and refuse, the disposal of sewage and the pollution of ponds, gullies and the sea shore. Part V-Public Services Facilitating the establishment, extension or improvement of works by highway authorities, statutory or other undertakers in relation to power, lighting, roads, water supply, sewerage, drainage, sewage disposal, refuse disposal and other public services. Part VI-Transport and Communications 1. Facilitating the establishment, extension or improvement of systems of transport whether by land, water or air. 2. Allocating sites for use in relation to transport, and the reservation of land for that purpose. 3. Providing for the establishment, extension or improvement of telegraphic, telephonic, wireless or radar communication, the allocating of sites for use in relation to such communication and the reservation of land for that purpose. Part VII-Miscellaneous 38 Development and Planning Law (1995 Revision) 1. Providing for and regulating the making of agreements for the purpose of a development plan by the Authority with the Board or with owners and other persons, and by the Board with such persons and by such persons with one another. 2. Providing for subdivision of land and in particular- (a) regulating the type of development to be carried out and the size and form of plots; (b) requiring the allocation of land for any of the public services referred to in Part V of this Schedule or for any other purposes referred to in this Schedule for which land may be allocated; and (c) prescribing the character and type of public services or other works which shall be undertaken and completed by any applicant for permission to subdivide as a condition of the grant of such permission; and (d) co-ordinating the subdivision of contiguous properties in order to give effect to any scheme of development appertaining to such properties. 3. Making any provisions necessary for- (a) adjusting and altering the boundaries and areas controlled by the Board; and (b) effecting such exchanges of land or cancellation of existing subdivision plans as may be necessary or convenient for the purposes aforesaid. Publication in revised and consolidated form authorised by the Governor in Council this 4th day of July, 1995. 39 Development and Planning Law (1995 Revision) Meredith A. Hew Acting Clerk of Executive Council 40