On January 14, Minister of Planning and Sustainable Development Dr Bhoendradatt Tewarie commenced debate on the Planning and Facilitation of Development (PAFD) Bill 2013.This is not the first time that planning legislation has been introduced to the Parliament. In 2001, the Planning and Development of Land (PAFD) Bill lapsed and was never proclaimed. The PAFD Bill represents a revision of the Planning and Development of Land Bill.
The PAFD Bill will reform the town and country planning and building laws of T&T through the establishment of a new system for the preparation and approval of national and sub-national development plans. In addition, the bill seeks to introduce a prompt, simpler, and more transparent development management system.
The existing Town and Country Planning Act (Chap. 35:01) of 1960, which was based on the British Town and Country Planning Act of 1947, has been outdated and less relevant to the needs of our rapidly-developing society.A significant percentage of construction in T&T has been undertaken outside of the development control process, and this has resulted in the general public perception of a failed planning system.
As a result, overall confidence in the planning system is low, especially as the deficiencies in the system have become more evident. The Town and Country Planning Division (TCPD) finds it increasingly difficult then to implement and enforce certain aspects of the planning legislation.
Disconnect betweenpolicymakers, citizens
Many citizens believe that the current planning process adopts a "top�down" approach, and is therefore not democratic enough to allow for meaningful public participation. There is a sense of disconnect between the policymakers and the general public. Many citizens believe that their views are sought after policymakers have agreed and decided upon plans. The PAFD Bill offers an opportunity for introducing critical changes to administrative functions, the development-planning processes, and the regulation of development.
The bill devolves a significant amount of the powers, currently exercised by the minister under current legislation, to a National Physical Planning Authority. This authority is envisioned as a statutory corporation comprising key stakeholders in the physical planning, building and development sectors from the Government, professional bodies and civil society.
Since the introduction of planning legislation in 1960, only three statutory plans have been passed. These include the Port-of-Spain Plan of 1971, the Chaguaramas Development Order of 1975, and the National Physical Development Plan of 1984. The PAFD Bill streamlines the process for adopting and passing plans, and defines a mandatory process of participatory consultation in the development planning process.
The bill also establishes a framework to guide development planning within the context of a National Spatial Development Strategy, and it devolves the responsibility for sub-national plans to the municipal corporations and the Tobago House of Assembly.Currently, a significant percentage of development is undertaken outside the regulatory framework. In many cases this includes unsustainable development practices which threaten public health and safety.
Exciting times forland use planning
The bill establishes a "one-stop shop" whereby the approval process is expedited. The bill also introduces a more transparent judicial appeal process, utilising the existing capacity of the Environmental Commission established under the Environmental Management Act, 2000. Additionally, third parties now have rights in determining applications and public notification procedures.
Generally, our laws are not effectively and consistently enforced. Enforcement is one of the key components of the new legislative framework which establishes an Office of Enforcement, new enforcement tools, and stricter penalties to ensure greater levels of compliance.In addition, the PAFD Bill establishes a regime of registered professionals in the development regulation process. Currently, only architects, engineers and surveyors are regulated by statute which governs the registration of professionals.
The Urban and Regional Planning Profession Bill 2013 was also introduced to Parliament together with the PAFD Bill, and it is anticipated that this bill will also be debated to allow for the registration of land use planners.Planning reform has been a continuous process since 1988. It is hoped that this time it finally becomes a reality. These are indeed exciting times for land-use planning in T&T!
�2 The Planning and Facilitation of Development Bill 2013 can be accessed on the Parliament's Web site at: www.ttparliament.org/legislations/b2013s03p.pdf