35.01 Town & Country Planning Act

LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt
TOWN AND COUNTRY PLANNING ACT

CHAPTER 35:01
Act
29 of 1960
Amended by
13 of 1974
49 of 1977
*31 of 1980
21 of 1985
21 of 1990
*See Note on Validation at page 2
Current Authorised Pages

Pages Authorised
(inclusive) by L.R.O.
1–88 ..
UNOFFICIAL VERSION L.R.O.
UPDATED TO DECEMBER 31ST 2015

2 Chap. 35:01 Town and Country Planning
Index of Subsidiary Legislation

Page
Development Plans Approval Resolutions (114/1972) … … 47
Town and Country Planning (Use Classes) Order (124/1969) … … 47
Town and Country Planning (Chaguaramas) Development Order (114/1975) 50
Town and Country Planning (General Development) Order (125/1969) … 56
Town and Country Planning (Control of Advertisements) Regulations
(123/1969) … … … … … … 73
Note on Omissions
1. GNs 75/1976, 128/1978, 24/1979, 225/1979 and LNs 205/1980 and 80/1984 containing
resolutions of Parliament under section 5(2) of the Act extending the time for the submission
of the Development Plan of Trinidad and Tobago have been omitted. The last-mentioned
resolution extended the time to 31st May, 1984.
2. Resolution (LN 122/1984) approving the development plan called the National Physical
Development Plan—Trinidad and Tobago: Volumes I and II have been omitted.
Note on Validation
The Act of this Chapter was re-enacted with retrospective effect and all acts done under it
validated by Act No. 31 of 1980.
UNOFFICIAL VERSION

Town and Country Planning Chap. 35:01 3
CHAPTER 35:01

ARRANGEMENT OF SECTIONS
SECTION
PRELIMINARY
1. Short title.
2. Interpretation.
PART I
CENTRAL ADMINISTRATION
3. Duties of Minister.
4. Advisory Town Planning Panel.
PART II
DEVELOPMENT PLANS
5. Preparation of development plans.
6. Amendment of development plans.
7. Approval of development plans.
PART III
CONTROL OF DEVELOPMENT OF LAND
8. Provision for development.
9. Development Orders.
10. Delegation to local authorities.
11. Application for planning permission.
12. Referrals of applications to Minister.
13. Appeal to Minister.
14. Supplementary provisions re grants of planning permission.
15. Revocation and modification of planning permission.
16. Enforcement of planning control.
17. Supplementary provisions as to enforcement.
18. Penalties for failure to comply with certain enforcement notices.
19. Repealed operation of enforcement notices.
20. Preparation of trees and woodlands.
21. Control of advertisements.

ARRANGEMENT OF SECTIONS — Continued

SECTION
22. Supplementary provisions as to advertisements.

23. Maintenance of waste land.
24. Application of Part to development by Local Authorities.
PART IV
COMPENSATION FOR REFUSAL, OR CONDITIONAL

GRANT OF, PLANNING PERMISSION
25. Definition of “planning decision”.
26. Compensation for planning decisions.
27. No compensation payable in certain cases.
28. No compensation if other development permitted.
29. General provisions as to claims for compensation.
30. Acquisition of land in lieu of compensation.
PART V
ACQUISITION AND DISPOSAL OF LAND FOR

PLANNING PURPOSES
31. Acquisition of land.
32. Appropriation of land of Local Authorities.
33. Disposal of land.
PART VI
SUPPLEMENTAL
34. Powers of entry.
35. Service of notices.
36. Powers to require information.
37. Regulations and Orders.
38. Application to land regulated by special written laws.
39. Unfinished buildings.
40. Validation of Regulations and Orders and acts done thereunder.
Interpretation.
FIRST SCHEDULE.
SECOND SCHEDULE.
UNOFFICIAL VERSION

CHAPTER 35:01
An Act to make provision for the orderly and progressive 29 of 1960.

development of land in both urban and rural areas and
to preserve and improve the amenities thereof; for the
grant of permission to develop land and for other powers
of control over the use of land; to confer additional
powers in respect of the acquisition and development
of land for planning; and for purposes connected with
the matters aforesaid.
[1ST AUGUST 1969]* Commencement.

114/1969.
31 of 1980.
PRELIMINARY
1. This Act may be cited as the Town and Country Short title.
Planning Act.
2. In this Act— Interpretation.

[21 of 1990].
“advertisement” means any word, letter, model, sign, placard,
board, notice, device or representation, whether illuminated
or not, in the nature of and employed wholly or in part for
the purposes of advertisement, announcement or direction,
and without prejudice to the foregoing provision includes any
hoarding or similar structure used or adapted for use for the
display of advertisements, and references to the display of
advertisements shall be construed accordingly;
“agriculture” includes horticulture, fruit growing, seed growing,
dairy farming, the breeding and keeping of livestock
(including any creature kept for the production of food, wool,
skins or fur, or for the purpose of its use in the farming of
land), the use of land as grazing land, meadow land, osier
land, market gardens and nursery grounds, and the use of
land for woodlands where that use is ancillary to the farming
*See Act No. 31 of 1980.

of land for other agricultural purposes, and “agricultural” has

a corresponding meaning;
“building” includes any structure or erection and any part of a
building as so defined, but does not include plant or
machinery comprised in a building;
“building operations” includes rebuilding operations, structural
alterations of or additions to buildings, and other operations
normally undertaken by a person carrying on business as
a builder;
“building or work” includes waste materials, refuse and other
matters deposited on land, and references to the erection
or construction of buildings or works shall be
construed accordingly;
“development” has the meaning assigned to it by section 8, and
“develop” has a corresponding meaning;
“development order” has the meaning assigned to it by
section 9;
“development plan” has the meaning assigned to it by section 5
and includes a plan made under subsection 5(8);
“engineering operations” includes the formation or laying out
of means of access to highways;
“erection” in relation to buildings includes extension, alteration
and re-erection;
“highway authority” means an authority responsible for the
maintenance of a road;
“land” means any corporeal hereditament, including a building
as defined by this section, and in relation to the acquisition
of land under Part V includes any interest in or over land;
“local authority” means the Council of a Municipal Corporation
Ch. 25:04. within the meaning of the Municipal Corporations Act or the
Ch. 25:03. Tobago House of Assembly Act;
“minerals” includes all minerals and substances (including oil)
in or under land of a kind or ordinarily worked for removal
by underground or by surface working;
UNOFFICIAL VERSION

“Panel” means the Advisory Town Planning Panel established

by section 4;
“permission granted for a limited period only” has the meaning
assigned to it by section 11;
“relocation of population or industry” means, in relation to an area
of bad lay-out or obsolete development, the rendering
available elsewhere than in that area, whether in an existing
community or a community to be newly established, of
accommodation for residential purposes or for the carrying
on of business or other activities, together with all
appropriate public services, facilities for public worship,
recreation and amenity, and other requirements, being
accommodation to be rendered available for persons or
undertakings that are living or carrying on business or other
activities in that area and whose continued location in that
area would be inconsistent with the proper planning thereof;
“replacement of open space” means, in relation to an area of bad
lay-out or obsolete development, the rendering of land
available for use as an open space or otherwise in an
undeveloped state in substitution for land in that area which
is so used;
“road” means any road whether public or private and includes any
street, square, court, alley, lane, bridge, footway, trace, bridle
path, passage, or highway, whether thoroughfare or not;
“statutory undertakers” means persons authorised by any Act to
carry on any railway, light railway, tramway, road transport,
water transport, canal, inland navigation, dock, harbour, pier,
or lighthouse undertaking, or any undertaking for the supply
of electricity, gas, hydraulic power or water, 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 into
two or more parts whether the subdivision is by
conveyance, transfer, or partition, or for the purpose of sale,
gift, lease, or any other purpose, and “subdivide” has a
corresponding meaning;

“tree preservation order” has the meaning assigned to it by

section 20;
“use” in relation to land, does not include the use of land by the
carrying out of any building or other operations thereon.
PART I
CENTRAL ADMINISTRATION
Duties of 3. The Minister shall secure consistency and continuity in
Minister.
the framing and execution of a comprehensive policy with respect
to the use and development of all land in Trinidad and Tobago in
accordance with a development plan prepared in accordance with
the provisions of Part II.
Advisory Town 4. (1) There is hereby established an Advisory Town

Planning Panel.
Planning Panel.
(2) The constitution and procedure of the Panel shall be
First Schedule. in accordance with the First Schedule.
(3) The Panel shall, with a view to the proper carrying
out of the provisions and objects of this Act, advise the Minister
on any matter within their knowledge or on which the Minister
may seek their advice.
PART II
DEVELOPMENT PLANS
Preparation of
development
5. (1) As soon as may be practicable after the
plans. commencement of this Act, the Minister shall carry out a survey
[*13 of 1974].
of the whole of Trinidad and Tobago.
(2) Not later than seven years after the commencement
of this Act, or within such extended period as Parliament may by
resolution allow, the Minister shall submit for the approval of
Parliament a development plan consisting of a report of the survey
together with a plan indicating the manner in which he proposes
*Amendment to have effect from 1st August 1969.
UNOFFICIAL VERSION

that land in Trinidad and Tobago may be used (whether by the

carrying out of development or otherwise) and the stages by which
any such development may be carried out.
(3) A development plan shall include such maps and
such descriptive matter as may be necessary to illustrate the
proposals mentioned above with such degree of particularity as
may be appropriate to different parts of Trinidad and Tobago; 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
class specified in the plan;
(c) designate, as land subject to compulsory
acquisition by the Minister—
(i) any land allocated by the plan for the
purposes of any of his functions or the
functions of a local authority or of
statutory undertakers;
(ii) any land comprised in an area defined by
the plan as an area of comprehensive
development [including any land therein
that is allocated by the plan for any
such purpose as is mentioned in
subparagraph (i)], or any land contiguous
or adjacent to any such area;
(iii) any other land that, in the opinion of the
Minister, ought to be subject to compulsory
acquisition for the purpose of securing its
use in the manner proposed by the plan.
(4) For the purposes of this section, a development plan
may define as an area of comprehensive development any area
that in the opinion of the Minister should be developed or

redeveloped as a whole, for any one or more of the following

purposes, that is to say—
(a) for the purpose of dealing satisfactorily
with conditions of bad lay-out or
obsolete development;
(b) for the purpose of providing for the relocation of
population or industry or the replacement of open
space in the course of the development or
redevelopment of any other area; or
(c) for any other purpose specified in the plan,
and land may be included in any areas so defined, and designated
as subject to compulsory purchase in accordance with the
provisions of subsection (3), whether or not provision is made
by the plan for the development or redevelopment of that
particular land.
(5) A development plan shall not designate any land as
land subject to compulsory acquisition by the Minister if it appears
to him that the acquisition is not likely to take place within ten
years from the date on which the plan is approved.
(6) Where any land is designated by a development plan
as subject to compulsory acquisition, then if at the expiration of
twelve years 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
Minister, any owner of an interest in the land may serve on the
Minister 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 the interest of the owner in the land has not been so acquired,
the development plan shall have effect, after the expiration of the
six months, as if the land in which the said interest subsists was
not designated as subject to compulsory acquisition.
(7) Without prejudice to the provisions of subsections (3)
and (4), a development plan may make provision for any of the
Second matters mentioned in the Second Schedule.
Schedule.
UNOFFICIAL VERSION

(8) At any time before a development plan with respect

to the whole of Trinidad and Tobago has been submitted to and
approved by Parliament under this section, the Minister may
prepare and submit to Parliament for approval a development plan
relating to any part of Trinidad and Tobago, and the foregoing
provisions of this section shall apply in relation to any such plan
as they apply in relation to a plan relating to the whole of Trinidad
and Tobago.
6. (1) At least once in every five years after the date on which Amendment of
development
a development plan for any area is approved by Parliament, the plans.
Minister shall carry out a fresh survey of that area, and submit to
Parliament a report of the survey, together with proposals for any
alterations or additions to the plan that appear to him to be required
having regard thereto.
(2) Notwithstanding subsection (1), the Minister may at
any time submit to Parliament proposals for such alterations or
additions to any development plan as appear to him to be expedient.
(3) Where, under section 5(8) a development plan is
approved with respect to a part of Trinidad and Tobago, the periods
of five years mentioned in subsection (1) of this section shall be
construed to run from the date on which development plans in
respect of the whole of Trinidad and Tobago have been approved
by Parliament subject to subsection (2) of this section.
7. (1) The Minister shall in the course of preparing a Approval of

development
development plan relating to any land, or proposals for alterations plans.
or additions to any such plan, consult with the council of the local
authority in whose district any of the land is situated, and may
consult with such other persons or bodies as he thinks fit, and the
Minister shall, before submitting any such plan or proposals for
approval by Parliament, give to the council of any such local
authority and to any such persons or bodies an opportunity to make
objections or representations with respect thereto.
(2) Notice shall be published in the Gazette and in at least
one daily newspaper that the Minister has prepared in draft any

such plan or proposals for the amendment of any such plan, and of
the place or places where copies of the plan or proposals may be
inspected by the public.
(3) If any objection or representation with respect to
any such plan or proposals is made in writing to the Minister
within one month of the publication of the notice referred to in
subsection (2), the Minister shall appoint a person to hold on his
behalf a public inquiry into the objection or representation and the
Minister shall, before submitting any such plan or proposals for
the approval of Parliament, take into consideration the objection
or representation together with the report of the person holding
the public inquiry.
(4) If as the 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
Minister is of opinion that a local authority or any other authority
or person ought to be consulted before he decides to make the plan
either with or without modifications, or to amend the plan, as the
case may be, the Minister shall consult that authority or person,
but he 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.
(5) The approval of a development plan or of proposals
for amendment of such a plan by Parliament shall be published in
the Gazette and in at least one daily newspaper and copies of any
such plan or proposals as approved by Parliament shall be available
for inspection by the public.
(6) A development plan, or an amendment of a
development plan, shall become operative on the date on which
its approval by Parliament is published in the Gazette or on such
later date as Parliament may determine.
PART III
CONTROL OF DEVELOPMENT OF LAND

Provision for 8. (1) Subject to the provisions of this section and to the
development.
following provisions of this Act permission shall be required
UNOFFICIAL VERSION

under this Part for any development of land that is carried out
after the commencement of this Act.
(2) In this Act, except where the context otherwise
requires, the expression “development” means the carrying out of
building, engineering, mining or other operations in, on, over or
under any land, the making of any material change in the use of
any buildings or other land, or the subdivision of any land,
except that the following operations or uses of land shall not be
deemed for the purposes of this Act 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 the building
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 of a road if the works are carried
out on land within the boundaries of the road;
(c) the carrying out by any local authority or statutory
undertakers of any works for the purpose of
inspecting, repairing or renewing any sewers,
mains, pipes, 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 purposes of agriculture
or forestry (including afforestation);
(f) in the case of buildings or other land that are used
for a purpose of any class specified in an Order
made by the Minister under this section, the use
thereof for any other purpose of the same class.

(3) Without prejudice to any Regulations made under this

Act relating to the control of advertisements, the use for the display
of advertisements of 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.
Development 9. (1) The Minister shall by Order provide for the grant of
Orders.
permission for the development of land under this Part, and such
permission may be granted—
(a) in the case of any development specified in any
such Order, or in the case of development of any
class so specified, by that Order itself;
(b) in any other case, by the Minister on an
application in that behalf made to him in
accordance with the Order.
(2) The permission granted by any development order
may be granted either unconditionally or subject to such conditions
or limitations as may be specified in such order.
(3) Without restricting the generality of subsection (2),
a development order that grants permission for any
development may—
(a) where permission is thereby granted for the
erection, extension or alteration of any
buildings, require the approval of the Minister to
be obtained with respect to the design or
external appearance thereof;
(b) where permission is thereby granted for
development of any specified class, enable the
Minister to direct that that permission shall not
apply either in relation to development in
any particular area or in relation to any
particular development.
(4) For the purpose of enabling development to be carried
out in accordance with permission granted under this Part, or
UNOFFICIAL VERSION

otherwise for the purpose of promoting proper development in

accordance with the development plan, a development order may
direct that any written law passed before the passing of this Act, or
any Regulations, Orders or Bye-laws made (whether before or after
the passing of this Act) under any such written law, shall not apply
to any development specified in the order, or shall apply thereto
subject to such modifications as may be so specified.
(5) Every development order shall be subject to negative
resolution of Parliament.
10. (1) The Minister may by instrument in writing and subject Delegation to
local authorities.
to such conditions, directions, reservations and restrictions as he
thinks fit, delegate to the council of any local authority his functions
under section 11(1) and (2) relating to the grant or refusal of
permission to develop land.
the Minister may make provision in any instrument of delegation
for transferring to any council to whom functions are delegated in
accordance with this section, any liability to pay compensation
under this Act in respect of anything done by that council in the
exercise of functions delegated to them as mentioned above.
11. (1) Subject to this section and section 12, where Application for
planning
application is made to the Minister for permission to develop land, permission.
the Minister may grant permission either unconditionally or subject
to such conditions as he thinks fit, or may refuse permission.
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 (whether
or not it is land in respect of which the application
was made) or requiring the carrying out of
works on any such land, so far as appears to the
Minister to be expedient for the purposes of or

in connection with the development authorised

by the permission;
(b) for requiring the removal of any buildings or
works authorised by the permission, or the
discontinuance of any use of land so authorised,
at the expiration of a specified period, and the
carrying out of any works required for the
reinstatement of land at the expiration of
that period,
and any permission granted subject to any such condition as is
mentioned in paragraph (b) is in this Act referred to as permission
granted for a limited period only.
(3) The decision of the Minister on any application made
to him under this section shall be final.
(4) Provision may be made by a development order for
regulating the manner in which applications for permission to
develop land are to be made, and dealt with by the Minister or a
local authority to whom functions have been delegated under
section 10 and in particular—
(a) for enabling the Minister to give directions
restricting the grant of permission by the local
authority, during such period as may be specified
in the directions, in respect of any such
development, or in respect of development of any
such class, as may be so specified;
(b) for requiring the local authority, before granting
or refusing permission for any development, to
consult with such authorities or persons as may
be prescribed by the order or by directions given
by the Minister thereunder;
(c) for requiring the local authority to give to any
applicant for permission, within such time as may
be prescribed by the order, such notice as may be
so prescribed as to the manner in which his
application has been dealt with;
UNOFFICIAL VERSION

(d) for requiring the local authority to furnish to the

Minister, and to such other persons as may be
prescribed by or under the order, such information
as may be so prescribed with respect to
applications for permission made to them,
including information as to the manner in which
any such application has been dealt with.
(5) The Minister and any local authority to whom
functions have been delegated under section 10 shall keep, in such
manner as may be prescribed by the development order, a register
containing such information as may be so prescribed with respect
to applications for permission made to the Minister or, as the case
may be, to that authority, including information as to the manner
in which such applications have been dealt with; and every such
register shall be available for inspection by the public at all
reasonable hours.
12. (1) The Minister may give directions to any local authority Referrals of
application to
to whom functions have been delegated under section 10 requiring Minister.
that any application made to that authority for permission to
develop land, or all such applications of any class specified in the
directions, shall be referred to the Minister instead of being dealt
with by the local authority, and any such application shall be so
referred accordingly.
(2) Where an application for permission to develop land
is referred to the Minister under this section, the provisions of
section 11(1) and (2) shall apply, subject to any necessary
modifications, in relation to the determination of the application
by the Minister as they apply in relation to the determination of
such an application by the local authority.
(3) The decision of the Minister on any application
referred to him under this section shall be final.
13. (1) Where application is made under this Part to a local Appeal to
Minister.
authority to whom functions have been delegated under
section 10 for permission to develop land, or for any approval of
that authority required under a development order, and that

permission or approval is refused by that authority, or is granted

by them subject to conditions, then if the applicant is aggrieved by
their decision he may by notice served within the time, not being
less than twenty-eight days from the receipt of notification of their
decision, and in the manner prescribed by the development order,
appeal to the Minister.
(2) Notwithstanding subsection (1), the Minister shall not
be required to entertain an appeal under subsection (1) in respect
of the determination of an application for permission to develop
land if it appears to him that permission for that development could
not have been granted by the local authority, or could not have
been so granted otherwise than subject to the conditions imposed
by them, having regard to the provisions of section 11 and of the
development order, and to any directions given under that order.
(3) Where an appeal is brought under this section from a
decision of the local authority the Minister may allow or dismiss
the appeal or may reverse or vary any part of the decision of the
local authority, whether or not the appeal relates to that part, and
deal with the application as if it had been made to him in the first
instance; and section 12 shall apply, subject to any necessary
modifications, in relation to the determination of an application
by the Minister on appeal under this section as they apply in relation
to the determination by the Minister of an application referred to
him under section 12.
(4) Unless within such period as may be prescribed by
the development order, or within such extended period as may at
any time be agreed upon in writing between the applicant and the
local authority, the local authority either—
(a) give notice to the applicant of their decision on
any application for permission to develop land,
or for any approval required under a development
order, made to them under this Part, or
(b) give notice to him that the application has been
referred to the Minister in accordance with
directions given by him under section 12,
UNOFFICIAL VERSION

the provisions of subsection (1) of this section shall apply in relation

to the application as if the permission or approval to which it relates
has been refused by the local authority and as if notification of
their decision had been received by the applicant at the expiration
of the period prescribed by the development order or the extended
period agreed upon as aforesaid, as the case may be.
14. (1) The power to grant permission to develop land under Supplementary
provisions re
this Part shall include power to grant permission for the retention grants of
planning
on land of any buildings or works constructed or carried out thereon permission.
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 to carry out any development of land, and to
applications for the 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
the 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 the provisions of 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 the provisions of this Part.
Revocation and 15. (1) Subject to this section, if it appears to the Minister
modification
of planning that it is expedient, having regard to the development plan and to
permission.
any other material considerations, that any permission to develop
land granted on an application made in that behalf under this Part
should be revoked or modified, he may by Order revoke or modify
the permission to such extent as appears to him to be expedient
as aforesaid.
(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;
(b) where the permission relates to a change of the
use of any land, at any time before the change
has taken place,
except 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 Minister 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 Minister shall pay to that person compensation
in respect of that expenditure, loss or damage.
UNOFFICIAL VERSION

(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 similar matters preparatory thereto shall be deemed
to be included in the expenditure incurred in carrying out that work,
but except as mentioned above 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 in respect of any
other loss or damage (not being loss or damage consisting of the
depreciation in value of an interest in land) arising out of anything
done or omitted to be done before the grant of that permission.
(6) Where permission for the development of land granted
by a development order has been withdrawn, whether by the
revocation or amendment of the order or by the issue of directions
under powers in that behalf conferred by the order, then, if, on an
application made in that behalf under this Part, permission for that
development is refused or is granted subject to conditions other
than those previously imposed by the development order, the
foregoing provisions of this section shall apply as if the permission
granted by the development order had been granted by the Minister
under this Part and had been revoked or modified by an order under
this section.
(7) 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, the provisions of sections 26, 29 and 30 shall apply as
if for references in section 26 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 26(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”.

(8) Where, by virtue of the provisions of this section,

compensation is payable in respect of expenditure incurred in
carrying out any work on land, then if the Minister purchases
any interest in that land, or a claim for compensation is made in
respect of any such interest under section 26, any compensation
payable in respect of the acquisition of that interest or, as the case
maybe, any compensation payable in respect of the interest
under section 26, 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 *16. (1) Where it appears to the Minister that any development
planning
control. of land has been carried out after the appointed day without the
[21 of 1985].
grant of permission required in that behalf under this Part, or that
any conditions subject to which the permission was granted in
respect of any development have not been complied with, then the
Minister may within four years of the development being carried
out, or, in case of non-compliance with a condition, within four
years after the date of the alleged failure to comply with it, if he
considers it expedient to do so having regard to the provisions of
the development plan, if any, and to any other material
considerations, serve on the owner or occupier of the land a notice
under this section.
(2) Any notice served under this section (hereinafter called
an “enforcement notice”) shall specify the development that is
alleged to have been carried out without the grant of the permission
as mentioned above or, as the case may be, the matters in respect
of which it is alleged that any such conditions have not been
complied with, and may require such steps as may be specified in
the notice to be taken within such period as may be so 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
mentioned above require the demolition or alteration of any
buildings or works, the discontinuance of any use of land, or the
carrying out on land of any building or other operations.
* See LN 114/1969 and Act No. 30 of 1981.
UNOFFICIAL VERSION

(3) Except as otherwise provided in this section, an

enforcement notice shall take effect at the expiration of such
period (not being less than twenty-eight days after the service
thereof) as may be specified therein.
(4) When, within the period mentioned in subsection (3),
an application is made to the Minister 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.
(5) When, within the period mentioned in subsection (3),
an appeal is made to the Court under this section 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.
(6) If any person on whom an enforcement notice is served
under this section is aggrieved by the enforcement notice, he may,
at any time within the period mentioned in subsection (3), appeal
against the enforcement notice to a Magistrate’s Court for the place
within which the land to which the notice relates is situated; and
on any such appeal the Court—
(a) if satisfied that permission was granted under this
Part for the development to which the
enforcement notice relates, or that no such
permission was required in respect thereof, or, as
the case may be, that the conditions subject to
which the permission was granted have been
complied with, shall quash the enforcement notice
to which the appeal relates;
(b) in any other case shall dismiss the appeal.

(7) Where the enforcement notice is varied or the appeal

is dismissed, then, subject to subsection (6)(a), the Court may direct
that the enforcement notice shall not come into force until such
date (not being later than twenty-eight days from the determination
of the appeal) as it thinks fit.
(8) Any person aggrieved by a decision of a Magistrate’s
Court under subsection (6) may appeal against that decision to the
Court of Appeal.
Supplementary 17. (1) If within the period specified in an enforcement notice,

provisions as to
enforcement. or within such extended period as the Minister 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, the
Minister 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 Minister in that behalf; and
if that person, having been entitled to appeal to the Court under
section 16, 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 Minister 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 purpose of complying with an enforcement notice
served under section 16, in respect of any development, and any
sums paid by the owner of any land under subsection (1) of this
section in respect of the expenses of the Minister in taking steps
required to be taken by such an enforcement notice, shall be held
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 of any use of land or in respect of
the carrying out of any operations thereon, then if any person,
without the grant of permission in that behalf under this Part, uses
the land or causes or permits the land to be used, or carries out or
UNOFFICIAL VERSION

causes or permits to be carried out those operations, in

contravention of the enforcement notice, he is liable on summary
conviction to a fine of seven hundred and fifty dollars and, in case
of a continuing offence, to a further fine of three 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
is served under section 16 had not been carried out.
18. (1) Subject to this section, where an enforcement notice Penalties for
failure to
has been served under section 16 on the person who was, when the comply with
certain
notice was served on him, the owner of the land to which the enforcement
enforcement notice relates and within the period specified in the notices.
enforcement notice, or within such extended period as the

Minister 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 liable on summary conviction to a
fine of one thousand five hundred dollars and, in case of a
continuing offence, to a further fine of three hundred 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 Minister may allow for
compliance with the notice) ceased to be the owner of the land,
he shall, upon information duly laid by him and on giving to the
prosecution not less than three clear days’ notice of his intention,
be entitled to have the person who then became the owner of the
land brought before the Court in the proceedings.
(3) If, after it has been proven 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 said other person, that other
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.
Repealed 19. (1) Compliance with an enforcement notice, whether

operation of
enforcement as respects—
notices.
(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,
shall not discharge the enforcement notice.
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, a person
who 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 liable on summary
conviction to a fine of one thousand five hundred dollars.
Preservation of 20. (1) If it appears to the Minister that it is expedient in the

trees and
woodlands. interests of amenity to make provision for the preservation of any
tree, trees or woodlands in any area, he may for that purpose make
an order (in this Act 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
UNOFFICIAL VERSION

cutting down, topping, lopping or wilful

destruction of trees except with the consent of
the Minister which may be given subject
to conditions;
(b) for securing the replanting, in such 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;
(d) for the payment by the Minister, 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 of the grant of any such consent subject
to conditions.
(2) Provision may be made by Regulations under this Act
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 Minister; 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 Minister that any tree preservation order should take effect
immediately, he 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 effect 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 that are
dying or dead or have become dangerous or the cutting down,
topping or lopping of any trees in compliance with any obligation
imposed by or under any Act or so far as may be necessary for the
prevention or abatement of a nuisance.
(5) If any person contravenes the provisions of a tree
preservation order, he is liable on summary conviction to a fine of
one thousand five hundred dollars and, in case of a continuing
offence, to a further fine of three hundred dollars for every day
after the first day during which the contravention is so continued.
Control of 21. (1) Subject to this section, provision shall be made by

advertisements.
Regulations under this Act for restricting or regulating the
display of advertisements so far as appears to the Minister to be
expedient in the interests of amenity or public safety, and without
restricting the generality of the foregoing, any such Regulations
may provide—
(a) for regulating the dimensions, appearance and
position of advertisements that may be displayed,
the sites on which the advertisements may be
displayed, and the manner in which they are to
be affixed to land;
(b) for requiring the consent of the Minister to be
obtained for the display of advertisements, or of
advertisements of any class specified in
the Regulations;
UNOFFICIAL VERSION

(c) for applying, in relation to any such consent and

to applications therefor, any of the provisions of
this Part relating to permission to develop land
and to application for such permission, subject to
such adaptations and modifications as may be
specified in the Regulations;
(d) for enabling the Minister to require the removal
of any advertisement that is being displayed in
contravention of the Regulations, or the
discontinuance of the use for the display of
advertisements of any site that is being used
for that purpose in contravention of the
Regulations, and for that purpose for applying
any of the provisions of this Part with respect to
enforcement notices, subject to such adaptations
and modifications as may be specified in
the Regulations;
(e) for the constitution, for the purposes of the
Regulations, of such advisory panels as may be
prescribed by the Regulations, and for
determining the manner in which the expenses of
any such panels are to be defrayed.
(2) Subject to section 22(2), Regulations made under this
section may be made so as to apply to advertisements that are
being displayed on the date on which the Regulations come into
force, or to the use for the display of advertisements of any site
that was being used for that purpose on that date.
(3) Regulations made under this section shall provide
for exempting therefrom—
(a) the continued display of any such advertisement
as mentioned above; and
(b) the continued use for the display of
advertisements of any such site as
mentioned above,
during such period as may be prescribed in that behalf by the
Regulations, and different periods may be so prescribed for the
purposes of different provisions of the Regulations.

(4) Regulations made under this section may direct that

any Act, Regulations or Bye-laws, affecting the display of
advertisements in force on the day when the Regulations made
under this section come into operation, shall not apply to the display
of advertisements in any area to which the Regulations made under
this section apply.
Supplementary 22. (1) Where the display of advertisements in accordance

provisions as to
advertisements. with Regulations made under section 21 involves the development
of land within the meaning of this Act, planning permission for
that development shall be deemed to be granted by virtue of this
section, and no application shall be necessary in that behalf under
the foregoing provisions of this Part.
(2) Where for the purpose of complying with any such
Regulations as mentioned above works are carried out by any
person for the removal of advertisements being displayed in
Ch. 16 No. 2. accordance with permission granted under the Restriction of
(1950 Ed.).
Ribbon Development Ordinance (repealed by this Act) or the
Ch. 35:53. Advertisements Regulation Act on the date on which the
Regulations come into force or the discontinuance of the use for
the display of advertisements of any site used for that purpose on
that date, that person shall be entitled, on a claim made to the
Minister within the time and in the manner prescribed by
Regulations under this Act, to recover from the Minister
compensation in respect of any expenses reasonably incurred by
him in that behalf.
(3) Without affecting any provisions included in
Regulations made under section 21 by virtue of subsection (1)(d)
of that section, if any person displays an advertisement in
contravention of the provisions of the Regulations, he is liable on
summary conviction to a fine of such amount as may be prescribed
by the Regulations, not exceeding seven hundred and fifty dollars
and, in case of a continuing offence, to a further fine not exceeding
three hundred dollars for every day after the first day during which
the display is so continued.
UNOFFICIAL VERSION

(4) For the purposes of subsection (3) and without

restricting the generality thereof, a person shall be deemed to
display an advertisement if—
(a) the advertisement is displayed on the land of
which he is the owner or occupier; or
(b) the advertisement gives publicity to his goods,
trade, business or other concerns.
(5) A person shall not be guilty of an offence under
subsection (3) by reason only that an advertisement is displayed
on land of which he is the owner or occupier, or that his goods,
trade, business or other concerns are given publicity by the
advertisement, if he proves that it was displayed without his
knowledge or consent.
23. (1) If it appears to the Minister that the amenity of any Maintenance of
waste land.
area is seriously injured by the condition of any garden, vacant
site or other open land in the area, the Minister may serve on the
owner and occupier of the land a notice requiring such steps for
abating the injury as may be so specified.
(2) In relation to any notice served under this section, the
provisions of section 16(3) to (7) and of sections 17, 18 and 19
shall, subject to such exceptions and modifications as may be
prescribed by Regulations under this Act, apply as those
provisions apply in relation to and enforcement notice served
under section 16.
24. For the avoidance of doubt it is hereby declared that this Application of
Part to
Part applies to the development of land of a local authority development
irrespective of whether any of the functions of the Minister under by Local
Authorities.
this Part have been delegated to the authority.
PART IV
COMPENSATION FOR REFUSAL, OR CONDITIONAL

GRANT OF, PLANNING PERMISSION
25. In this Part “planning decision” means— Definition of
“planning
(a) in the case of an application for permission decision”.
made under Part III to the Minister, a refusal by

the Minister of that permission or a grant thereof

by the Minister subject to conditions; and
(b) in the case of an application for permission made
under Part III to a local authority to whom
functions have been delegated under section 10,
a refusal of that permission by the Minister, or a
grant thereof by the Minister subject to conditions,
on an appeal made to him, in either case, under
section 13 from the decision of the local authority
on the application made to that authority.
Compensation 26. (1) If on a claim made to the Minister in the manner

for planning
decisions. prescribed by Regulations made under this Act, it is shown that, as
a result of a planning 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 Minister shall, subject
to the provisions of this Part, pay to that person compensation (to
Ch.58:01. be assessed in accordance with the provisions of the Land
Acquisition Act), 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 unconditionally or subject to conditions, 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 Minister 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.
No 27. (1) Compensation under this Part shall not be payable—

compensation
payable in (a) in respect of the refusal of permission for any
certain cases.
development that consists of or includes the
making of any material change in the use of any
buildings or other land;
UNOFFICIAL VERSION

(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 development of the kind
proposed would be premature by reference to
either or both of the following matters, that is
to say—
(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;
(ii) any existing deficiency in the provision of
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 to 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 the 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;

(e) in respect of any condition subject to which

permission is granted for the winning and
working of minerals;
(f) in respect of any planning decision on an
application in pursuance of Regulations
under section 21 for consent to the display
of advertisements.
(2) For the purposes 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.
No 28. (1) Compensation under this Part shall not be payable in

compensation if
other respect of a planning decision whereby permission is refused for
development the development of land if, notwithstanding that refusal, there is
permitted.
available with respect to that land, planning permission for
development to which this section applies.
(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 in so far 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 Minister gives
notice of his findings in respect of that claim, there is in force with
respect to that land or part a grant of, or an undertaking by the
Minister to grant, planning permission for some such development,
subject to no conditions other than such as are mentioned in
section 27(1)(d).
(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,
UNOFFICIAL VERSION

cinemas, or industrial buildings (including warehouses), or any

combination thereof.
29. (1) Compensation under this Part shall not be payable General
provisions as to
unless a claim for it is made in accordance with the provisions of claims for
this section. 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 Minister may in any particular case (either before,
on or after the 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 Minister under this
section may—
(a) require claims for compensation under this
Part to be made in a form prescribed by
the Regulations;
(b) require a claimant to provide the Minister 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 by agreement be determined in accordance with
the procedure of the Land Acquisition Act. Ch.58:01.
30. Where a claim for compensation under this Part in Acquisition of

land in lieu of
respect of any interest in land has been determined in accordance compensation.
with section 29, the Minister may within one month after the date
of the determination of the 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 unwilling to sell the same the Minister may
forthwith acquire the interest compulsorily under and in accordance
with the provisions of the Land Acquisition Act, as an interest in Ch. 58:01.
land needed for public purposes within the meaning of that Act.

PART V
ACQUISITION AND DISPOSAL OF LAND FOR

PLANNING PURPOSES
Acquisition 31. (1) Where any land is designated under section 5(2) in a
of land.
development plan made under Part II as subject to compulsory
acquisition by the Minister, the land may be acquired by the
Minister compulsorily in accordance with the provisions of the
Ch. 58:01. Land Acquisition Act, as being land needed for public purposes
within the meaning of that Act.
(2) Nothing in this section shall prevent the acquisition
by agreement of any land designated as mentioned in
subsection (1).
Appropriation of 32. (1) Any local authority may be authorised, by Order made
land of Local
Authorities. by that authority and confirmed by the Minister, to appropriate for
any purpose specified in a development plan any land for the time
being held by them for other purposes.
(2) On an appropriation of land under this section there
shall be made in the accounts of the local authority such adjustments
as the Minister responsible for Local Government may direct.
Disposal of 33. The Minister may, by way of sale or lease, dispose of

land.
land acquired by him (whether compulsorily or by agreement)
under this Part to any local authority, statutory undertakers or
other body or person for development in accordance with
permission granted under Part III.
PART VI
SUPPLEMENTAL
Powers of entry. 34. (1) Any person duly authorised in writing by the Minister
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;
UNOFFICIAL VERSION

(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 Minister to serve or make
any notice or Order under Part III or under any
such Order or Regulations;
(d) any claim for compensation payable by the
Minister under this Act.
(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) Any person who wilfully obstructs a person acting in
the exercise of his powers under this section is liable on summary
conviction to a fine of three hundred dollars.
(4) If any person who, in compliance with the provisions
of this section, is admitted into a factory, workshop or workplace,
discloses to any person any information obtained by him therein
as to any manufacturing process or trade secret, he is, unless the
disclosure is made in the course of performing his duty in
connection with the survey or estimate for which he was authorised
to enter the premises, liable on summary conviction to a fine of
one thousand five hundred dollars or to imprisonment for a term
of three months.
(5) Where any 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 Minister by any person interested in the land.
(6) 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 or the presence of
minerals therein.

(7) A person shall not carry out any works authorised

by subsection (6) unless notice of his intention to do so has been
included in the notice required by subsection (2).
Service of 35. (1) Subject to this section, any notice or other document
notices.
required or authorised to be served or given under this Act, or
under any regulation, Order, direction, or instrument in writing
made under this Act, 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 a case in which an
address for service has been furnished by that
person, at that address;
(c) by sending it in a prepaid registered letter
addressed to that person at his usual or last known
place of abode, or, in a case in which an address
for service has been furnished by that person, at
that address; or
(d) in the case of an incorporated company or body,
by delivering it to the Secretary or clerk of the
company or body at their registered or principal
office, or sending it in a prepaid registered letter
addressed to the Secretary or clerk of the company
or body at that office.
(2) Where the notice or document is required or authorised
to be 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
subsection (1)(a), (b) or (c); or
UNOFFICIAL VERSION

(b) being addressed as aforesaid and marked in

such manner that it 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.
36. The Minister may, for the purpose of enabling him to make Powers to
require
any order or serve any notice or other document that he is by this information.
Act 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 any person who,
having been required in pursuance of this section to give any
information, fails to give that information, or knowingly makes
any misstatement in respect thereof, is liable on summary
conviction to a fine of one hundred and fifty dollars.
37. (1) The Minister may make Regulations— Regulations and

orders.
(a) for prescribing the form of any notice, order or
other document authorised or required by this Act
to be served, made or issued;

(b) for any purpose for which Regulations are

authorised or required to be made under this Act
and in particular for prescribing anything that by
this Act is required or authorised to be prescribed
by Regulations.
(2) Any Regulations made under this Act shall be subject
to negative resolution of Parliament.
(3) Any power to make an order conferred by this
Act shall include power to amend or revoke that order by a
subsequent order.
(4) Any Regulations made under this Act may provide
for the imposition of a fine of seven hundred and fifty dollars
for any contravention of the provisions of the Regulations.
Application to 38. For the avoidance of doubt it is hereby declared that this
land regulated
by special Act, and any restrictions or powers thereby imposed or conferred
written laws.
in relation to land, apply and may be exercised in relation to any
land notwithtanding that provision is made by any Act, Bye-laws,
Orders, Rules or Regulations in force at the passing of this Act, for
authorising or regulating any development of the land.
Unfinished 39. (1) Subject to this section, where any works for the
buildings.
erection or alteration of a building have been begun but not
completed before the commencement of this Act then if any
Ch. 16 No. 2. permission required under the Restriction of Ribbon Development
(1950 Ed.).
Ordinance (repealed by this Act) for the carrying out of these works
was granted, planning permission shall, by virtue of this section,
be deemed to be granted under Part III of this Act in respect of the
completion of these works.
(2) The permission deemed to be granted by virtue of
this section shall be deemed to be so granted subject to any
conditions imposed by the permission granted under the repealed
Restriction of Ribbon Development Ordinance 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.
UNOFFICIAL VERSION

40. (1) Notwithstanding any rule of law to the contrary, Validation of

Regulations and
including in particular sections 9(5) and 37(2), the Regulations Orders and acts
done thereunder.
and Orders made under this Act are hereby declared to be and [49 of 1977].
from the date of the making thereof, always to have been of full
force and effect even though the Regulations and Orders were not
laid before Parliament in accordance with those sections of
this Act.
(2) All acts and things done or omitted to be done by any
person or authority under this Act in exercise of the powers or in
the performance of any functions or duties conferred or imposed
by the Regulations or the Orders which would have been lawful
had the Town and Country Planning (Validation of Regulations 49 of 1977.
and Orders) Act 1977 then been in force shall be deemed to have
been lawfully and validly done or omitted to be done.
(3) In this section— Interpretation.
“Regulations” means the Town and Country Planning (Control of 123/1969.

Advertisements) Regulations 1969;
“Orders” means the Town and Country Planning (General 125/1969.
Development) Order 1969, and the Town and Country 114/1975.
Planning (Chaguaramas Development) Order 1974.

Section 4(2). FIRST SCHEDULE
CONSTITUTION AND PROCEDURE OF THE ADVISORY

TOWN PLANNING PANEL
1. The Panel shall consist of not less than three nor more than five
members who shall be appointed by the Minister.
2. The Minister shall appoint a member of the Panel to be Chairman of

the Panel.
3. A member of the Panel shall, subject to the provisions of this Schedule

hold office for a period not exceeding two years but such member shall be
eligible for reappointment.
4. The Minister may appoint any person to act temporarily in the place
of the Chairman or a member of the Panel in the case of the absence or inability
to act of the Chairman or of such member as the case may be.
5. (1) Any member of the Panel, other than the Chairman, may at any
time resign his office by instrument in writing, addressed to the Minister and
transmitted through the Chairman, and from the date of the receipt by the Minister
of the instrument the member shall cease to be a member of the Panel.
(2) The Chairman may at any time resign his office by instrument in
writing addressed to the Minister and the resignation shall take effect as from
the date of the receipt of the instrument by the Minister.
6. The Minister may at any time revoke the appointment of any member,
including the Chairman.
7. The names of all members of the Panel as first constituted and every
change in the membership thereof shall be published in the Gazette.
8. (1) The Panel 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 Panel may determine.
(2) The Chairman shall preside at meetings of the Panel and if the
Chairman is absent from a meeting the other members present at the meeting
shall elect one of their number to preside thereat.
(3) The quorum of the Panel shall consist of a majority of the members.
(4) The decisions of the Panel 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.
UNOFFICIAL VERSION

(5) Minutes in proper form of each meeting shall be kept by the

secretary and shall be confirmed by the Chairman as soon as practicable thereafter
at a subsequent meeting.
(6) The acts of the Panel shall be authenticated by the signature of the
Chairman or the secretary of the Panel.
(7) Subject to the provisions of this paragraph the Panel shall have
power to regulate their own proceedings.
9. The validity of any proceedings of the Panel shall not be affected by

any vacancy amongst the members thereof or by any defect in the appointment
of a member thereof.
10. The expenses of the Panel shall be defrayed out of sums provided for
the purpose in the annual estimates of revenue and expenditure for Trinidad
and Tobago as approved by Parliament.
11. In this Schedule “Chairman” includes a person appointed or elected as

the case may be to act temporarily in place of the Chairman.
SECOND SCHEDULE Section 5(7).
MATTERS FOR WHICH PROVISION MAY BE MADE IN

DEVELOPMENT PLANS
PART I
ROADS
1. Reservation of land for roads and establishment of public rights

of way.
2. Closing or diversion of existing roads and public and private 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.

PART II
BUILDINGS AND OTHER STRUCTURES
1. Regulating and controlling, either generally or in particular areas all

or any of the following matters:
(a) the size and height of buildings;
(b) building lines, coverage and the space about buildings;
(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;
(e) the prohibition of building or other operations on any land, or
regulating such operations.
2. Regulating and controlling the design, colour and materials of

buildings and fences.
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, on, in or under
any area.
PART III
COMMUNITY PLANNING
1. Providing for the control of land by zoning or designating for

specific uses.
2. Regulating the layout of housing areas including density, spacing,

grouping and orientation of houses in relation to roads, open spaces and
other buildings.
3. Determining the provision and siting of community facilities including

shops, schools, churches, meeting halls, play centres and recreation grounds in
relation to the number and siting of houses.
UNOFFICIAL VERSION

PART IV
AMENITIES
1. Allocation of lands as open spaces whether public or private.
2. Allocation of land for burial grounds and crematoria.
3. Allocation of lands—
(a) for communal parks;
(b) for game and bird sanctuaries;
(c) for the protection of marine life.
4. Preservation of buildings, caves, sites and objects of artistic

architectural, archaeological or historical interest.
5. Preservation or protection of forests, woods, trees, shrubs, plants

and flowers.
6. Prohibiting, restricting or controlling, either generally or in particular

places, the exhibition, whether on the ground, on 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, 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 rivers, lakes,
ponds, gullies and the seashore.
PART V
PUBLIC SERVICES
Facilitating the establishment, extension or improvement of works by
statutory or other undertakers in relation to power, lighting, water supply,
sewerage, drainage, sewage disposal, refuse disposal or 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
1. Providing for and regulating the making of agreements for the purpose
of a development plan by the Minister with a local authority or with owners and
other persons, and by a local authority with such persons and by such persons
with one another.
2. Subdivision of land and in particular, but without restricting the

generality of the foregoing—
(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 or for any other purposes referred to in
this Schedule for which land may be allocated;
(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;
(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 of any towns;
(b) enabling the establishment of satellite towns and new towns;
(c) effecting such exchanges of land or cancellation of existing
subdivision plans as may be necessary or convenient for the
purposes aforesaid.
UNOFFICIAL VERSION

SUBSIDIARY LEGISLATION
DEVELOPMENT PLANS APPROVAL RESOLUTIONS 114/1972.

99/1974.
122/1984.
made under section 5 (8)
It has been resolved that the Plans entitled—

(a) The Port-of-Spain Central Business District
Development Plan;
(b) The Chaguaramas Development Plan; and
(c) National Physical Development Plan - Trinidad
and Tobago: Volumes I and II,
be approved.
TOWN AND COUNTRY PLANNING 124/1969.
(USE CLASSES) ORDER

made under section 8(2) (f)
1. This Order may be cited as the Town and Country Planning Citation.
(Use Classes) Order.
2. In this Order— Interpretation.
“garage” means a place where motor vehicles are bought and sold,
stored, repaired and maintained and is a place used for light
industrial purposes;
“service station” means a shop for the sale of petrol and petroleum
products where motor vehicles are washed, lubricated or
otherwise maintained;
“shop” means a building used for the carrying on of any retail
trade or retail business wherein the primary purpose is the
selling of goods by retail, and includes a building used for

[Subsidiary] Town and Country Planning (Use Classes) Order
the purposes of a hairdresser, travel agency or for the

reception of goods to be washed, cleaned or repaired but does
not include a building used for the purposes of a funeral
undertaker, garage, petrol filling station, service station,
office, bank, grocery, betting office, restaurant or other place
for the sale of prepared food, hotel or premises for the sale
of intoxicating liquors for consumption on the premises, a
lumber yard or premises for the sale of builders’ materials
or motor vehicle parts or accesories.
Use of land for 3. (1) Where a building or other land is used for a purpose
any purpose in
same class of any class specified in the Schedule, the use of such building or
deemed not to
involve other land for any purpose of the same class shall not be deemed
development.
Schedule. for the purposes of the Act to involve development of the land.
(2) A use ordinarily incidental to and included in any use
specified in the Schedule shall not be excluded from that use merely
by reason of its being specified in the Schedule as a separate use.
UNOFFICIAL VERSION

Town and Country Planning (Use Classes) Order [Subsidiary]
SCHEDULE Clause 3.
CLASS I — Use as a shop.

CLASS II — Use as an office or bank.
CLASS III — Use as a warehouse, except for the storage of noxious or
dangerous goods.
CLASS IV — Use as a place of public worship or religious instruction
or for the social and recreational activities of a
religious group.
CLASS V — Use as a creche, day nursery or use as a consulting room
or surgery not within the curtilage of the residence of
the consultant or medical practitioner.
CLASS VI — Use as an art gallery, museum, public library, public
reading-room or exhibition hall.
CLASS VII — Use as a meeting hall or concert hall.
CLASS VIII — Use as a theatre or cinema.
CLASS IX — Use as a gymnasium, centre for indoor games or
community centre.

[Subsidiary]
TOWN AND COUNTRY PLANNING (CHAGUARAMAS)

DEVELOPMENT ORDER
ARRANGEMENT OF CLAUSES
CLAUSE
1. Citation.
2. Interpretation.
3. Directions restricting permitted development.
4. Permitted development.
5. Development requiring special permission.
6. Special provisions respecting development affecting existing or
proposed arterial roads.
7. Minister’s permission required for demolition, etc.
8. Notices and documents.
9. Saving.
10. Reports on development.
11. Enactments not to apply to development.
SCHEDULE.
UNOFFICIAL VERSION

[Subsidiary]
TOWN AND COUNTRY PLANNING (CHAGUARAMAS) 114/1975.

[39/1995].
DEVELOPMENT ORDER
1. This Order may be cited as the Town and Country Citation.

Planning (Chaguaramas) Development Order* and shall apply to
the North-western Peninsula of Trinidad, being the area described
in the Schedule. Schedule.
“Authority” means the Chaguaramas Development Authority

established under section 3 of the Chaguaramas Development Ch. 35:02.
Authority Act;
“Development Plan” means the Chaguaramas Development Plan
as approved by Parliament;
“land” means any corporeal hereditament, including a building;
“layout plan” means a detailed plan showing the manner in which
land vested in the Authority is to be subdivided and utilised;
“offensive trade” has the meaning assigned to it by section 2 of
the Public Health Ordinance. Ch. 12 No. 4.
(1950 Ed.).
3. (1) Where the Minister is satisfied— Directions

restricting
(a) that development as indicated on the permitted
development.
Development Plan should not be undertaken in
any case; or
(b) that development should not be undertaken
except express permission is granted by him in
that behalf,
he may direct that permission granted by clause 4(1) shall not
apply to all or any development in any particular area specified
in the direction.
(2) Notice of any directions given under subclause (1)
shall be published in the Gazette and in at least one daily newspaper
*Validated—See section 40 of the Act.

[Subsidiary] Town and Country Planning (Chaguaramas) Development Order
circulating in Trinidad and Tobago. The notice shall contain a

concise statement of the effect of the direction and the place
where a copy thereof and of a map defining the area to which it
relates may be inspected by the public.
(3) The Authority shall act in such a manner as to give
effect to the terms of the directions made under subclause (1).
(4) No directions given under subclause (1) shall have
effect in relation to the carrying out in case of emergency of any
development specified hereunder—
(a) maintenance of bridges and buildings;
(b) maintenance of docks, harbours, quays and
wharves;
(c) provision and maintenance of mechanical
apparatus or appliances (including signalling
equipment) required for the purposes of shipping
or in connection with embarking, disembarking,
loading, discharging or transport of passengers,
livestock or goods at a dock, quay, harbour, wharf
or basin;
(d) any development required in connection with
improvement, maintenance or repair of
watercourses or drainage works.
Permitted 4. (1) Notwithstanding the provisions of clauses 3 and 5,

development.
where a layout plan prepared by the Authority is approved by the
Minister, development in accordance with the plan shall be
permitted on the lands vested in the Authority and may be
undertaken without any further permission from the Minister.
(2) It shall be the responsibility of the Authority to ensure
that where lands vested in it are being developed, the development
is in conformity with the plan approved by the Minister, the relevant
sections of the Act, the provisions of this Order and any
directives which may be issued by the Minister from time to time.
Sub. leg. infra. (3) The provisions of the Town and Country Planning
(General Development) Order shall not apply to lands vested
in the Authority.
UNOFFICIAL VERSION

Town and Country Planning (Chaguaramas) Development Order [Subsidiary]
5. Notwithstanding clause 4(1) the following types of Development

requiring special
development shall require the prior approval of the Minister: permission.
(a) the construction of buildings for use as
public conveniences;
(b) the construction of buildings or use of land for
the disposal of refuse or waste materials or as a
scrap yard or for the winning or working
of minerals;
(c) the construction of buildings in areas allocated
as National Parks and Nature Reserves;
(d) the construction of buildings to a height exceeding
forty feet;
(e) the construction of buildings or use of land for
sewerage treatment;
(f) the construction of buildings for any of the
following purposes, namely, recreation, resort,
hotel, night club, cinema, dance hall, stadium, a
Turkish or other vapour or foam bath;
(g) any development for the purpose of carrying
on an offensive trade.
6. (1) This clause applies to the arterial roads indicated Special

provisions
on the Development Plan. respecting
development
(2) With respect to any development which consists of affecting
existing or
or includes— proposed
arterial roads.
(a) the formation, laying out or alteration of any
means of access to an arterial road to which this
clause applies; or
(b) any other development of land within 100 feet
(or such other distance as may be specified in a
direction given by the Minister) from the middle
of the existing or proposed road to which this
clause applies,
the Authority shall notify the Minister and shall not undertake
the development until it has received his approval.

[Subsidiary] Town and Country Planning (Chaguaramas) Development Order
Minister’s 7. The Minister may by notice direct that such buildings

permission
required for as may be specified in the notice may not be demolished, altered
demolition, etc. or extended without his permission. The notice shall be published
in a newspaper in circulation in Trinidad and Tobago.
Notices and 8. Any notice or other document to be served or given under

documents.
this Order may be served or given in the manner prescribed by
section 35 of the Act.
Saving. 9. Nothing in this Order shall apply to any permission which

is deemed to be granted under section 22 of the Act.
Reports on 10. The Authority shall submit to the Minister every six (6)
development.
months a Report on all development executed on lands vested
in it.
Enactments not 11. In the exercise of the powers conferred by section 9(4)
to apply to
development. of the Act it is hereby directed that the following Parts of the
Ch. 12 No. 4.
(1950 Ed.). Public Health Ordinance and the subsidiary legislation made under
such Parts shall not apply to any development specified in this
Order, namely—Parts II, III, IV, V, VIII and sections 92 and 93
of Part XIII.
UNOFFICIAL VERSION

Town and Country Planning (Chaguaramas) Development Order [Subsidiary]
SCHEDULE Clause 1.
THE NORTH-WEST PENINSULA
1. (1) All that land situated in the north-western part of Trinidad in the
Ward of Diego Martin in the County of St. George and bounded as follows:
NORTH — by the Caribbean Sea, from the point whose co-ordinates are
North 1188 097 m. and East 653 395 m. approximately two
miles East of Macqueripe Bay, to Entrada Point, at the entrance
of the Boca de Monos (commonly known as the First Boca);
WEST — by the Boca de Monos, from Entrada Point, to Delgada Point
sometimes known as Canning’s Point;
SOUTH — by the Gulf of Paria, from Delgada Point, to the point whose
co-ordinates are North 1181 332 m. and East 653 405 m.,
approximately 15 feet West of the pier of the Bauxite Transfer
Station at Carenage;
EAST — by a line starting at the above-mentioned point North 1181 332 m.
and East 653 405 m. and continuing for a distance of
approximately 6.1 miles in more or less a northerly direction
along the ridge that separates the Diego Martin Valley from the
Tucker Valley and through the peaks known as Morne Distree,
Morne Jean and Morne Pierre back to the point whose
co-ordinates are North 1188 097 m. East 653 395 m.,
save and except those areas therein occupied by the Trinidad Omega Station
and the Associated Monitor Site and the area extending northward and westward
from Piers 1 and 2 in Carenage Bay, more particularly shown as N1, N2 and N3
respectively in the plan referred to hereunder.
(2) This area is more particularly shown as delineated on a plan filed
in the vault of the Surveys Department, Red House, as PG 97.
2. The off-shore Islands of Gaspar Grande, Gasparillo, Monos, Huevos

and Chacachacare.

[Subsidiary]
TOWN AND COUNTRY PLANNING

(GENERAL DEVELOPMENT) ORDER
ARRANGEMENT OF CLAUSES
CLAUSE
1. Citation.
2. Interpretation.
3. Application.
4. Permitted development.
5. Directions restricting permitted development.
6. Application for planning permission.
7. Register of applications.
8. Notices and documents.
9. Saving.
SCHEDULE.
UNOFFICIAL VERSION

[Subsidiary]
125/1969.
(GENERAL DEVELOPMENT) ORDER
1. This Order may be cited as the Town and Country Planning Citation.
(General Development) Order*.
“aerodrome” means any area of land or water designed, equipped,

set apart or commonly used for affording facilities for the
landing or departure of aircraft;
“development plan” means a development plan as approved or
made by the Minister or as for the time being amended, under
Part II of the Act;
“industrial process” means any process for or incidental to any
of the following purposes, namely—
(a) the making of any article or of part of any article;
(b) the altering, repairing, ornamenting, finishing,
cleaning, washing, packing or canning, or
adapting for sale, or breaking up or demolition,
of any article; or
(c) without prejudice to sub-subclause (b), the
getting, dressing or treatment of minerals, being
a process carried on in the course of trade or
business, and for the purposes of this definition
the expression “article” means an article of any
description, including a ship or vessel;
“industrial undertakers” means undertakers by whom an industrial
process is carried on and “industrial undertaking” shall be
construed accordingly;
“mineral undertakers” means undertakers engaged in mining
operations and includes undertakers licensed to search

[Subsidiary] Town and Country Planning (General Development) Order
and bore for and get petroleum, and for the purposes
of this Order any land in respect of which licence is in
force authorising any undertakers to search and bore for
and get petroleum shall be deemed to be comprised in
their undertaking;
“mining operations” means the winning and working of
minerals in, on or under land, whether by surface or
underground working;
“painting” includes any application or colour.
Application. 3. (1) Subject to subclause (2), this Order shall apply to all
land in Trinidad and Tobago.
(2) Where a special development order is made in
respect of any land, this order shall apply to such land subject
to such modifications as may be specified in the special
development order.
Permitted 4. (1) Subject to this Order, development of any class

development.
Schedule. specified in the Schedule shall be permitted and may be
undertaken without the permission of the Minister upon land to
which this Order applies; but the permission granted by this
Order in respect of any such class of development shall be
subject to any condition or limitation imposed in the Schedule
in relation to that class.
(2) Nothing in this clause or in the Schedule shall operate
so as to permit any development contrary to a condition imposed
in any permission granted or deemed to be granted under Part III
of the Act otherwise than by this Order.
Directions 5. (1) If the Minister is satisfied that it is expedient that

restricting
permitted development of any of the classes specified in the Schedule should
development.
Schedule. not be carried out in any particular area, or that any particular
development of any of those classes should not be carried out,
UNOFFICIAL VERSION

Town and Country Planning (General Development) Order [Subsidiary]
unless permission is granted on an application in that behalf, the

Minister may direct that the permission granted by clause 4 shall
not apply to—
(a) all or any development of all or any of those
classes in any particular area specified in the
direction; or
(b) any particular development, specified in the
direction, falling within any of those classes.
(2) Notice of any direction given under subclause (1)(a)
shall be published in the Gazette and in at least one daily newspaper
circulating in Trinidad and Tobago. The notice shall contain a
concise statement of the effect of the direction and name any
place where a copy thereof and of a map defining the area to
which it relates may be seen at all reasonable hours; and any such
direction shall come into force on the date on which the notice is
first published.
(3) No direction given under this clause shall have effect
in relation to the carrying out in case of emergency of any
development specified in the Schedule, or unless the direction Schedule.
specially so provides, to the carrying out by statutory undertakers
of any of the following operations:
(a) maintenance of bridges or buildings;
(b) maintenance of docks, harbours, quays and
wharves;
(c) provision and maintenance of mechanical
apparatus or appliances (including signalling
equipment) required for the purposes of
shipping or in connection with the embarking,
disembarking, loading, discharging or transport
of passengers, livestock or goods at a dock,
quay, harbour, wharf or basin;
(d) any development required in connection with
improvement, maintenance or repair of
watercourses or drainage works.

Application for 6. (1) An application for planning permission shall be made

planning
permission. on a form issued by the Minister and shall be accompanied by a
plan sufficient to identify the land to which it relates and such
other plans and drawings as are necessary to describe the
development which is the subject of the application. In addition to
the information required by the application form, the Minister may
by a direction in writing addressed to the applicant request such
further information to be given to him in respect of any application
for permission as may be necessary to enable him to determine
that application.
(2) Where an applicant so desires, an application,
expressed to be an outline application, may be made for permission
to erect any buildings subject to the subsequent approval of the
Minister with respect to any matter relating to the siting, design
or external appearance of such buildings, or the means of access
thereto, in which case particulars and plans in regard to those
matters shall not be required and permission may be granted
subject as aforesaid (with or without other conditions) or refused.
Where, however,
(a) such permission is granted, it shall be expressed
to be granted on an outline application and the
approval of the Minister shall be required with
respect to the matters reserved in the permission
before any development is commenced;
(b) the Minister is of opinion that the application for
permission ought not to be considered separately
from the siting, design or external appearance of
the buildings, or the means of access thereto, shall,
within one month from receipt of the outline
application, notify the applicant that he is unable
to entertain the application, and he shall specify
the matters as to which further information is
required. Where such further information is
furnished the application shall be treated as having
been made on the date when the information
was received.
UNOFFICIAL VERSION

(3) An application for an approval required by

subclause (2) shall be in writing and shall include such particulars
and be accompanied by such plans and drawings as are
necessary to deal with the matters reserved in the permission
together with such additional number of copies of the application
and plans and drawings as were required in relation to the
application for permission.
(4) Any application made under this clause shall be lodged
with the Minister and on receipt of any such application, the
Minister shall send to the applicant an acknowledgment thereof.
(5) The Minister may by a direction in writing addressed
to the applicant require to be produced such evidence as may be
reasonably called for to verify any particulars of information given
in any application for permission.
(6) The period within which the Minister shall give notice
to an applicant of the determination of an application shall be the
following period from the date of receipt of the application, namely—
(a) in the case of an application referred to in
paragraph 1 of Class XII of the Schedule, thirty Schedule.
months; and
(b) in any other case, two months, or such extended
periods as may at any time be agreed upon in
writing between the applicant and the Minister.
(7) Every such notice shall be in writing and in the
case of an application for planning permission or approval where
the Minister decides to grant such permission or approval
subject to conditions or to refuse it, he shall state the reasons
therefor in writing.
7. (1) The Minister shall cause a register to be kept Register of

applications.
containing the following information in respect of all land to which
this Order relates:
(a) particulars of any application for permission
for development made in respect of any such

land, including the name and address of the

applicant, the date of the application and brief
particulars of the development forming the subject
of the application;
(b) the date and effect of any decision of the Minister
in respect of the application;
(c) the date of any subsequent approval given in
relation to the application.
(2) The register shall include an index, which shall be in
the form of a map unless the Minister approves some other form.
(3) The register shall be kept at the office of the Town
and Country Planning Division of the Ministry of Planning and
Development.
(4) Every entry in the register consisting of particulars
of an application shall be made within twenty-eight days of the
receipt of the application.
Notices and 8. Any notice or other document to be served or given under

documents.
this Order may be served or given in the manner prescribed by
section 35 of the Act.
Saving. 9. Nothing in this Order shall apply to any permission

which is deemed to be granted under section 22 of the Act.
UNOFFICIAL VERSION

SCHEDULE Clauses 4, 5, 6.
PART I
PERMITTED DEVELOPMENT
The development described in column (1) is permitted under clause 4

of this Order subject to the conditions set out in column (2) opposite the
description of such development. The references to standard conditions set
out in column (2) are to the conditions numbered and described in Part II of
this Schedule.
COLUMN (1) COLUMN (2)

Description of Development Conditions
CLASS 1. DEVELOPMENT WITHIN THE

CURTILAGE OF A DWELLING HOUSE
1. The improvement or other alteration of a dwelling 1. No part of

house so long as the cubic content of the original dwelling such building shall
house (as ascertained by external measurement) is not project beyond the
increased: and so long as the area defined by the external forwardmost part of
walls of the original building remains the same in both the front of the original
content and location, except in the case of the addition of dwelling house.
a W.C., a bathroom or a kitchen. 2. S t a n d a r d
conditions 1 and 2.
2. The erection, construction, or placing, and the 1. The height shall
maintenance, improvement or other alteration, within the not exceed, in the case
curtilage of a dwelling house, of any building or enclosure of a building with a
(other than a dwelling, garage or stable) required for a ridged roof, 12 feet,
purpose incidental to the enjoyment of the dwelling house or in any other case,
as such, including the keeping of poultry, bees, pet animals, 10 feet.
birds or other livestock for the domestic needs or personal 2. S t a n d a r d
enjoyment of the occupants of the dwelling house. conditions 1 and 2.
CLASS II. SUNDRY MINOR OPERATIONS
1. The erection or construction of gates, fences, walls 1. No improvement

or other means of enclosure not exceeding 4 feet in height or alteration shall
where abutting on a road or 7 feet in any other case, and increase the height
the maintenance, improvement, or other alteration of any above the height
gates, fences, walls, or other means of enclosure. appropriate for a new
means of enclosure.
2. The painting of the exterior of any building or work 2. S t a n d a r d
otherwise than for the purpose of advertisement, conditions 1 and 2.
announcement or direction.


CLASS III. TEMPORARY BUILDING AND USES
1. The erection or construction on land, in, on, over 1. Such buildings,

or under which operations other than mining operations, works, plant or
being or about to be carried out in pursuance of planning machinery shall be
permission granted or deemed to be granted under Part II removed at the
of the Act, or on adjoining land, of buildings, works, plant expiration of that period
or machinery needed temporarily in connection with and where they were
those operations, for the period of such operations. sited on any such
adjoining land, that
land shall be
forthwith reinstated
2. Standard
conditions 1 and 2.
2. The use of land (other than a building or the curtilage Standard conditions
of a building) for any purpose for a total of not more than 1 and 2.
twenty-eight days in any calendar year, and the erection
or placing of moveable structures on the land for the
purpose of that use.
CLASS IV. USED BY MEMBERS OF

RECREATIONAL ORGANISATIONS
The use of land, other than building and not within Standard conditions
the curtilage of a dwelling house, for the purposes of 1 and 2.
recreation or instruction by members of a recreational
organisation and the erection or placing of tents or
caravans on the land for the purposes of that use.
CLASS V. AGRICULTURAL BUILDINGS, WORKS

AND USES
1. The carrying out on agricultural land having an area 1. The height of any
of more than one acre of building or engineering buildings or works
operations requisite for the use of that land for the purpose within two miles of
of agriculture, other than the placing on land of structures the perimeter of an
not designed for those purposes or the provisions and aerodrome shall not
alteration of dwellings. exceed ten feet.
2. No part of any
buildings (other than
moveable structures) or
works shall be within
fifty feet of the reserve
of any road.
3. Standard
conditions 1 and 2.
UNOFFICIAL VERSION


2. The erection or construction and the maintenance, 1. No alteration shall be

improvement or other alteration of road side stands for made within fifty feet of
milk churns. the reserve of any road.
3. The winning and working, on land held or occupied 2. Standard condition 1.
with land used for the purposes of agriculture, of any
minerals reasonably required for the purposes of that
use, including the fertilisation of the land so used and
the maintenance, improvement or alteration of buildings
or works thereon which are occupied or used for the
purposes aforesaid.
CLASS VI. FORESTRY BUILDINGS AND WORKS
The carrying out on land used for the purposes of 1. The height of any
forestry (including afforestation) of building and other buildings or works
operations (other than the provision or alteration of within two miles of the
dwellings) requisite for the carrying on of those purposes, perimeter of an
and the formation, alteration and maintenance of private aerodrome shall not
ways of such land. exceed ten feet.
2. No part of any
buildings (other than
moveable structures) or
works shall be within
fifty feet of the reserve
of a road.
3. S t a n d a r d
conditions 1 and 2.
CLASS VII. DEVELOPMENT FOR INDUSTRIAL

PURPOSES
1. Development of the following descriptions, carried 1. No operations

out by an industrial undertaker on land used (otherwise carried out under
than without planning permission granted or deemed to subparagraph (iii) or (iv)
shall materially affect
be granted under Part III of the Act) for the carrying out
the external appearance
of any industrial process, and for the purposes of such of the premises of
process, or on land used (otherwise than as aforesaid) the undertaking.
as a dock, harbour or quay for the purpose of an 2. No part of any
industrial undertaking— building or works shall
be within fifty feet of the
(i) the provision, rearrangement or reserve of any road.
replacement of private ways or 3. S t a n d a r d
conditions 1 and 2.


private railways, siding or conveyors;

(ii) the provision or rearrangement of
sewers, mains, pipes, cables or
other apparatus;
(iii) the installation or erection by way
of addition or replacement of plant
or machinery, or structures or
erections of the nature of plant or
machinery, not exceeding fifty feet
in height or the height of the plant,
machinery, structure or erection so
replaced whichever is the greater;
(iv) the extension or alteration of
buildings so long as the height of the
original building is not exceeded and
the cubic content of the original
building as ascertained by external
measurement is not exceeded by
more than one-tenth nor the
aggregate floor space thereof by
more than five thousand square feet;
However, the erection on land
within the curtilage of any such
building of an additional building to
be used in connection with the
original shall be treated as an
extension of the original building,
and where any two or more original
buildings comprised in the same
undertaking, the reference in this
permission to the cubic content shall
be construed as a reference to the
aggregate cubic content of those
buildings, and the reference to the
aggregate floor space as a
reference to the total floor space of
those buildings.
2. The deposit by an industrial undertaker of waste Standard conditions 1

material or refuse resulting from an industrial process and 2.
on any land comprised in a site which was used for
such deposit, on the appointed day, whether or not the
superficial area or the height of the deposit is
thereby extended.
UNOFFICIAL VERSION


CLASS VIII. REPAIRS TO PRIVATE WAYS
The carrying out of works required for the maintenance

or improvement of private ways, being works carried out
on land within the boundaries of the way.
CLASS IX. REPAIRS TO SERVICES
The carrying out of any works for the purpose of

inspecting, repairing, or renewing sewers, mains, pipes,
cables or other apparatus, including the breaking open of
any land for that purpose.
CLASS X. DEVELOPMENT BY LOCAL

A UTHORITIES WHETHER OR NOT F UNCTIONS
HAVE BEEN D ELEGATED TO THEM UNDER
PART III OF THE ACT
1. The erection or construction and the maintenance, Standard condition 1.

improvement or other alteration by a local authority of—
(i) such small ancillary buildings,
works and equipment as are
required on land belonging to, or
maintained by them for the purposes
of any functions exercised by them
on that land otherwise than as
statutory undertakers;
(ii) information kiosks, passenger Standard condition 1.
shelters, public shelters and seats,
public drinking fountains, horse-
troughs, refuse bins or baskets,
barriers for the control of persons
waiting to enter public vehicles, and
such similar structures or works as
may be required in connection with
the operation of any public service
administered by them.
2. The deposit by a local authority of waste material

or refuse on any land comprised in a site which was
used for that purpose on the appointed day.


3. The carrying on by a local authority of any works

required for the maintenance or improvement of existing
roads being works carried out on land outside but abutting
on the boundary of the road.
CLASS XI. DEVELOPMENT BY STATUTORY

UNDERTAKERS
A. Transport Undertaking
Development required in connection with the Standard conditions 1

movement of traffic by road and carried out by and 2.
undertakers in, on, over or under the operational land of
the undertaking except the construction of bridges and
the construction or erection, or the reconstruction or
alteration so as materially to affect the design or external
appearance of any bridge, or of any residential building,
office, or building to be used for manufacturing or
repairing work, which is not situate wholly within the
interior of the operational land of the undertaking.
B. Dock, Pier, Harbour or Water Transport

Undertaking.
1. Development required for the purposes of shipping Standard conditions 1
or in connection with the embarking, disembarking, and 2.
loading, discharging or transport of passengers,
livestock or goods at the dock, pier, or harbour, or
the movement of traffic by any railway forming part
of the undertaking, and carried out by the
undertakers, in, on, over or under the operational
land of the undertaking except the construction or
erection, or the reconstruction or alteration so as
materially to affect the design or external
appearance thereof, of bridges or other buildings
(not being structures or erections required in
connection with the handling of traffic).
2. The use of any land for the spreading of dredgings. Standard conditions 1
and 2.
UNOFFICIAL VERSION


C. Gas Undertaking
Development required for the purpose of the undertaking Standard conditions 1

of any of the following descriptions, that is to say: and 2.
(i) the installation in a gas distribution
system of gas valve governor houses
not exceeding (except when
constructed underground elsewhere
than under a road) six hundred
cubic feet in capacity;
(ii) any other development carried out
in, on, over or under operational land
of the undertaking except—
(a) the erection, or the
reconstruction or alteration
so as materially to affect the
design or external appearance
thereof, of buildings;
(b) the installation of any plant or
machinery, or structure or
erections of the nature of plant
or machinery, exceeding fifty
feet in height, or capable,
without addition, of being
extended to a height exceeding
fifty feet;
(c) the replacement of any plant
or machinery, or structures or
erections of the nature of plant
or machinery to a height
exceeding fifty feet or the
height of the plant, machinery,
structure or erection so
replaced whichever is the
greater.
D. Electricity Undertakings
Development required for the purposes of the Standard conditions 1
undertaking of any of the following descriptions, that is and 2.
to say:
(i) the installation of service lines to
individual consumers from an
electric line and the erection,
maintenance, improvement or other


alteration of lamp standards;

(ii) any other development carried out
on, in, or under the operational
land of the undertaking except—
(a) the erection, or the
reconstruction so as materially
to affect the design or external
appearance thereof, of
buildings; or
(b) the installation or erection,
by way of addition or
replacement, of any plant or
machinery, or structures or
erections of the nature of the
plant or machinery, exceeding
fifty feet in height or the height
of the plant, machinery,
structure or erection so
replaced, which ever is
the greater.
E. Water and Sewerage Undertakings

Development required for the purposes of the Standard conditions 1
undertaking of any of the following descriptions, that is and 2.
to say:
(i) the construction of water
pipelines of eight inches diameter
or less, booster stations and
associated appurtenances;
(ii) the installation of service lines from
water mains to consumers;
(iii) the construction of house sewer
connections i.e. connections from
the street sewer to the boundary of
the property;
(iv) the construction of domestic sewer
connections i.e. connections of the
sewer from the boundary of the
property to the domestic plumbing;
(v) the construction of laterals either
on streets or in rights-of-way to
collect sewer from buildings which
UNOFFICIAL VERSION


cannot be connected to existing

street sewers;
(vi) the construction of laterals of eight
inches to twelve inches as well as
manholes and associated structures
to serve existing streets;
(vii) the construction of small sewer lift
stations or ejector stations
constructed with (vi).
CLASS XII. DEVELOPMENT OF MINERAL

UNDERTAKERS
1. Where mining operations have been carried out in Standard conditions 1
any land at any time before the appointed day, the and 2.
continuance of such mining operations in adjoining land
(where they form a continuous operation in relation to
the land first mentioned) for a period of four months from
the appointed day* (or for such longer period not
exceeding six months from the appointed day* as may
be allowed in writing in any particular case by the
Minister); and if during that period an application under
Part III of the Act for permission to carry out those
operations is made, the continuation of such operations
until the application has been dealt with.
2. The erection, alteration or extension by mineral

undertakers on land in or adjacent to and belonging to a
quarry or mine comprised in their undertakings of any
building, plant or machinery, or structure or erection in
the nature of plant or machinery other than a stonecrusher
which is required in connection with the winning or
working of minerals, in pursuance of permission granted
or deemed to be granted under Part III of the Act, or which
is required in connection with the treatment or disposal
of such minerals.
However, permission shall be required for the erection,
alteration or extension of a building but the Minister shall
not refuse permission and shall not impose conditions
upon the grant thereof, unless he is satisfied that it is
expedient so to do on the ground that—
(a) the erection, alteration or
*The day this Act came into operation that is, 1st August 1969.


extension of such building

would injure the amenity of
the neighbourhood and
modifications can reasonably
be made or conditions can
reasonably be imposed in
order to avoid or reduce the
injury; or
(b) the proposed building or
extension ought to be, and can
reasonably be, sited
elsewhere.
3. The deposit of refuse or waste materials by, or by

licence of, a mineral undertaker in excavations made by
such undertaker and already lawfully used for that purpose
provided that the height of such deposit does not exceed
the level of the land adjoining any such excavation.
CLASS XIII. USES OF AERODROME BUILDINGS
The use of buildings on an aerodrome for purposes in Standard conditions 1

connection with the air transport service or other flying and 2.
activities of such aerodrome.
PART II
STANDARD CONDITIONS
1. This permission shall not authorise any development which involves the
formation, laying out or material widening of a means of access to a road.
2. No development shall be carried out which creates an obstruction to the view

of persons using any road used by vehicular traffic at or near any bend, corner, junction
or intersection so as to be likely to cause danger to such persons.
UNOFFICIAL VERSION

[Subsidiary]

(CONTROL OF ADVERTISEMENTS) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Extent and application.
4. Minister’s consent required for the display of advertisements.
5. Consent shall be for a period not longer than five years.
6. Minister to appoint advisory panel.
7. Advertisements not to be exhibited on any tree, telephone pole, etc.
8. Display of existing advertisements and use of existing sites.
9. Other advertisements, etc., being displayed.
10. Standard conditions of display and removal.
11. Power to require application to be made for express consent.
12 Advertisements the display of which may be undertaken without
express consent.
13. Power to exclude application of regulation 12.
14. Election notices, statutory advertisements and traffic signs.
15. Minister may require removal of advertisement, etc.
16. Penalty.
17. Register of applications.
FIRST SCHEDULE.
SECOND SCHEDULE.

[Subsidiary]
123/1969. TOWN AND COUNTRY PLANNING

(CONTROL OF ADVERTISEMENTS) REGULATIONS
made under section 21
Citation. 1. These Regulations may be cited as the Town and Country

Planning (Control of Advertisements) Regulations*.
Interpretation. 2. In these Regulations—

“existing advertisement” means an advertisement being displayed
in accordance with permission granted under the
Ch. 35:53. Advertisements Regulation Act or the repealed Restriction
Ch. 16 No. 2.
(1950 Ed.).
of Ribbon Development Ordinance†;
“existing site” means a site used for the display of an
existing advertisement.
Extent and 3. These Regulations shall apply to the display on any
application.
land of all advertisements including, subject to regulation 8,
existing advertisements, but shall not apply to any advertisement—
(a) displayed within a building;
(b) incorporated in and forming part of the fabric of
a building, other than a building used principally
for the display of such advertisements or a
hoarding or similar structure;
(c) displayed in or on any vehicle; or
(d) carried by any person.
Minister’s 4. (1) Subject to regulations 12 and 14, no advertisement

consent required
for the shall be displayed without the express consent of the Minister
display of
advertisements. who may attach conditions to the consent.
(2) Applications for the consent shall be made in
Form 1. triplicate on the form specified as Form 1 in the First Schedule.
First Schedule.
(3) Consent shall be deemed to be granted for any
advertisement displayed in accordance with a provision of these
†Repealed by the Act.
UNOFFICIAL VERSION

Town and Country Planning (Control of Advertisements) Regulations [Subsidiary]
Regulations whereby advertisements of that description may be

displayed without express consent; and where the display of the
advertisements is allowed subject to the power of the Minister under
regulation 11 to require application for express consent to be made,
the consent so deemed to be granted shall be limited until such
application is determined, or, if no application is made within the
period allowed for that purpose, until the expiry of that period.
(4) Consent and refusal of the Minister shall be in
the forms set out as Form 2 and Form 3 respectively in the Form 2.
Form 3.
First Schedule. First Schedule.
5. (1) Every grant of express consent shall be for a period Consent shall be
for a period not
not longer than five years. longer than
five years.
(2) At any time within six months prior to the expiration
of the consent, application may be made for the renewal thereof.
(3) Applications for renewal shall be subject to the same
conditions as applications for express consent.
6. (1) The Minister may appoint an advisory panel consisting Minister to

appoint
of not more than five members to assist him with respect to the advisory panel.
granting of consent for the display of advertisements.
(2) Members of the advisory panel shall be paid such
remuneration as may be fixed by the Minister.
7. No advertisement other than those specified in Advertisements

not to be
regulation 14, shall be displayed on any tree, telephone pole, exhibited on
any tree,
telegraph pole, lamp post or fence, so as to be visible from any telephone pole,
etc.
road, footpath or other public place.
8. (1) Subject to subregulation (2), the display of existing Display of

existing
advertisements or the use of existing sites shall continue until advertisements
and use of
the expiration of the period for which permission to display the existing sites.
advertisements or to use the sites was granted, unless removal or
discontinuance is required under any provision of the Act or of
these Regulations.

[Subsidiary] Town and Country Planning (Control of Advertisements) Regulations
(2) Any existing advertisement being displayed or

any existing site being used on the appointed day* shall be exempt
from the provisions of these Regulations for a period of one
year therefrom.
Other 9. Any advertisement, not being an existing advertisement,

advertisements,
etc., being being displayed on the appointed day* and the use of any site for
displayed.
the display of such advertisement shall be discontinued within six
months therefrom unless the Minister gives his express consent
under regulation 4 for retention of the advertisement on the site.
Standard 10. Without prejudice to the power of the Minister to impose

conditions of
display and conditions upon the grant of express consent, the display or removal
removal.
of any advertisement shall be subject to the standard conditions as
Second
Schedule.
set out in the Second Schedule.
Power to require 11. (1) Subject to these Regulations where it appears

application to be
made for expedient to the Minister to do so, he may serve on any person
express consent.
displaying an advertisement with consent deemed to be granted,
other than an advertisement of a description specified in
regulation 14, a notice requiring application for express consent
for the continuance of such display to be made within the time
(not being less than twenty-eight days) specified in the notice.
(2) A notice under this regulation may be served in respect
of the use of land for the display of advertisements as mentioned
above and in that event it shall not be necessary to specify any
advertisement displayed thereon.
(3) The provisions of these Regulations relating to
applications for express consent shall apply to the submission and
determination of applications made in pursuance of a notice served
under this regulation.
(4) A notice served under this regulation shall contain a
full statement of the reasons why the Minister thinks it expedient
in the interests of amenity or public safety to serve that notice.
*The day this Act came into operation that is, 1st August 1969.
UNOFFICIAL VERSION

12. (1) Advertisements of the following classes may be Advertisements

the display of
displayed without express consent, subject to the provisions which may be
undertaken
of this regulation and to the power of the Minister under without express
regulation 11 or 13. consent.
CLASS I
FUNCTIONAL ADVERTISEMENTS OF LOCAL

AUTHORITIES, STATUTORY UNDERTAKERS AND
PUBLIC TRANSPORT UNDERTAKERS
Advertisements displayed wholly for the purposes of

announcement or direction in relation to any of the functions of a
local authority or to the operation of a statutory undertaking or of
a public transport undertaking engaging in the carriage of
passengers in a manner similar to that of a statutory transport
undertaking; being advertisements which are reasonably required
to be displayed in the manner in which they are displayed in order
to secure the safe or efficient performance of those functions, or
operation of that undertaking, and which cannot be displayed as
such, or in such a manner, under the provisions of this regulation
relating to advertisements of any other of the specified classes.
CLASS II
MISCELLANEOUS ADVERTISEMENTS RELATING TO

PREMISES ON WHICH THEY ARE DISPLAYED
(a) Advertisements for the purpose of identification,

direction or warning with respect to the land or
buildings on which they are displayed, and not
exceeding four square feet in area in the case of
any such advertisement.
(b) Advertisements relating to any person,
partnership or company separately carrying on a
profession, business or trade at the premises
where any such advertisement is displayed,
limited to one advertisement, not exceeding three
square feet in area, in respect of each such person,

partnership or company, or, in the case of premises

with entrances on different road frontages, one
such advertisement at each of two such entrances.
(c) Advertisements relating to any institution of a
religious, educational, cultural, recreational or
medical or similar character, or to any hotel, inn
or public house, club, boarding house or hostel
situate on the land on which any such
advertisement is displayed: limited to one
advertisement, not exceeding twelve square feet
in area, in respect of each such premises or, in
the case of premises with entrances on different
road frontages, two such advertisements displayed
on different road frontages, of the premises.
CLASS III
CERTAIN ADVERTISEMENTS OF A
TEMPORARY NATURE
(a) Advertisements relating to the sale or letting of

the land on which they are displayed; limited, in
respect of each such sale or letting, to one
advertisement consisting of a board (whether or
not attached to a building) not exceeding twenty
square feet in area, or of two conjoined boards,
together not exceeding twenty-four square feet
in area; no such advertisement, when displayed
on a building, to project further than three feet
from the face of the building.
(b) Advertisements announcing a sale of goods or
livestock, and displayed on the land where the
goods or livestock are situated or where the sale
is held, not being land which is normally used,
whether at regular intervals or otherwise, for the
purpose of holding the sales; limited to one
advertisement not exceeding twenty-four square
feet in area at each place where the advertisements
may be displayed.
UNOFFICIAL VERSION

(c) Advertisements relating to the carrying out of

building or similar work on the land on which
they are displayed, not being land which is
normally used, whether at regular intervals or
otherwise, for the purpose of carrying out such
work; limited to one advertisement not exceeding
twenty square feet in area on each road frontage
of the premises in respect of each contractor or
sub-contractor, or firm of contractors or sub-
contractors, carrying out the work.
(d) Advertisements announcing any local event of a
religious, educational, cultural, political, social
or recreational character and advertisements
relating to any temporary matter in connection
with an event or local activity of such a character,
not in either case being an event or local activity
promoted or carried on for commercial purposes
limited to a display of advertisements occupying
an area not exceeding a total of twenty square
feet on any premises.
(e) Advertisements relating to any demonstration of
agricultural methods or processes on the land on
which they are displayed; limited, in respect of
each such demonstration to a display of
advertisements occupying an area not exceeding
a total of twenty square feet, no one of which
exceeds four square feet in area, the maximum
period of display for any such advertisement to
be two years.
CLASS IV
ADVERTISEMENTS ON BUSINESS PREMISES
Advertisements displayed on business premises wholly with

reference to all or any of the following matters: the business or
other activity carried on, the goods sold or services provided, and
the name and qualifications of the person carrying on such business

or activity or supplying such goods or services, on those premises.

However, the space which may be occupied by such
advertisements on any external face of a building shall not exceed
one-twelfth of the overall area of that face up to a height of twelve
feet from ground level; and the area occupied by any such
advertisement, however affixed to a building shall be computed as
if the said advertisement as a whole were displayed flat against the
face of the building.
CLASS V
FLAG ADVERTISEMENTS
Any advertisement in the form of a flag which is attached to a

single flagstaff fixed in an upright position on the roof of a building
or within the curtilage of a building and which bears no inscription
or emblem other than the name or device of a person or persons
occupying the building.
(2) Consent deemed to be granted by virtue of these
Regulations for the display of advertisements of the foregoing
descriptions shall be subject to the following conditions in addition
to the standard conditions:
(a) no such advertisements, other than an
advertisement of Class I, shall contain letters,
figures, symbols, emblems or devices of a height
exceeding one foot;
(b) no such advertisement, other than an
advertisement of Class I or Class V, shall be
displayed so that the highest part of the
advertisement is above fifteen feet from
ground level;
(c) no such advertisement shall be illuminated
except as follows:
(i) advertisements of Class I, illuminated in a
manner reasonably required to achieve the
purpose of the advertisement;
(ii) advertisements of Class II or Class IV for
UNOFFICIAL VERSION

the purpose of indicating that medical or

similar services or supplies are available
at the premises on which they are displayed,
and illuminated in a manner reasonably
required for that purpose;
(d) save as mentioned below, no advertisement of
Class III relating to a sale or other matter which
is due to start or take place on a specified date
shall be displayed earlier than twenty-eight days
before that date, and every advertisement of that
Class shall be removed within fourteen days after
the conclusion of the event or other matter to
which it relates; but an advertisement of Class III
relating to the carrying out on land of building or
similar works may be displayed only while such
works are in progress.
(3) In this regulation—
“business premises” means, save as mentioned below, any
building normally used for the carrying on of any
professional, commercial or industrial undertaking, or any
building (other than an institution in respect of which
advertisements of Class II(c) may be displayed) normally
used for the provision therein of services to members of the
public or of any association, and includes public restaurants,
licensed premises and places of public entertainment, but in
the case of any building used principally for residential
purposes includes only that part of the building normally
used as business premises;
“ground level” means, in relation to the display of advertisements
on any building, the ground floor of that building;
“recreational” in relation to an institution shall not apply to an
institution on the carrying on of sports, games of physical
training primarily as a commercial undertaking.
(4) On the determination of an application for express
consent made in respect of an advertisement of a specified class,
whether in pursuance of a notice served under regulation 11 or

otherwise, the provisions of this regulation whereby advertisements

may be displayed without express consent shall cease to apply
with respect to that advertisement; and, in the event of refusal of
consent, or of the grant of consent subject to conditions in the
nature of restrictions as to the site on which, or the manner in
which, the display may be undertaken, or both, the provisions of
this regulation whereby the display of advertisements may be
undertaken without express consent shall not apply to the
subsequent display on the same land of any advertisement in
contravention of that refusal or of these conditions, by, or on behalf
of, the person whose application was so refused or granted subject
to conditions.
(5) The conditions and limitations in this regulation apply
only to the display without express consent of advertisements
of the descriptions therein mentioned, and shall not restrict the
powers of the Minister in regard to the determination of any
application for express consent.
Power to 13. (1) If the Minister is satisfied, whether upon

exclude
application of representations made to him or otherwise, that the display of
regulation 12. advertisements of a class or description specified in regulation 12
should not be undertaken in any particular area or in any particular
case without express consent, he may direct that the provisions of
that regulation shall not apply to the display of the advertisements
in that area or in that case.
(2) Notice of any direction given by the Minister under
this regulation with respect to an area shall be published in at least
one daily newspaper and unless the Minister otherwise directs, on
the same or a subsequent date in the Gazette and the notice shall
contain a concise statement of the effect of the direction and name
a place or places where a copy thereof and of a map defining the
area to which it relates may be seen at all reasonable hours.
(3) A direction given under this regulation with respect
to an area shall come into force on the date specified in the notice
relating thereto, being a date not less than fourteen, and not more
than twenty-eight days after the first publication of the notice.
UNOFFICIAL VERSION

14. (1) The display of advertisements of the following Election notices,

statutory
descriptions may be undertaken without express consent: advertisements
and traffic signs.
(a) any advertisement relating specifically to a
pending parliamentary or local government
election, not being an advertisement to which sub-
subregulation (b) applies;
(b) advertisements required to be displayed by any
written law for the time being in force, or by
Standing Orders of either House of Parliament,
including (but without prejudice to the generality
hereto) advertisements the display of which is so
required as a condition of the valid exercise of
any power, or proper performance of any function,
given or imposed by a written law;
(c) advertisements in the nature of traffic signs
employed wholly for the control, guidance or
safety of traffic, and displayed in accordance with
an authorisation given by the Ministry of Works
or by the appropriate police authority.
(2) The display of advertisements of the descriptions
set out in subregulation (1) shall be subject to the following
conditions in addition to the standard conditions:
(a) an advertisement of the description specified in
subregulation (1)(a) shall be removed within
fourteen days after the close of the poll in the
election to which the advertisement relates; and
any other advertisement displayed for a temporary
purpose in accordance with this regulation shall
be removed as soon as may be after the expiry of
the period during which the advertisement is
required or authorised to be displayed, or, if no
such period is specified, shall be removed within
a reasonable time after the purpose for which the
advertisement was required or authorised to be
displayed is satisfied;
(b) where advertisements of the description specified
in subregulation (1)(b) could, apart from this

regulation, be displayed as advertisements of a

specified class, they shall conform with any
provision of regulation 12 as respects size,
number or height in relation to the display of
advertisements of that class, and otherwise shall
not exceed in those respects what may reasonably
be considered necessary to achieve the purpose
for which the display is required; without
prejudice, however, to the express requirements
in regard to size, number or height as aforesaid
of any written law or Standing Orders under
which the advertisements are displayed.
(3) With respect to the display of advertisements of the
description specified in subregulation (1)(a) standard condition 1
shall not apply.
Minister may 15. Without prejudice to any penalty elsewhere prescribed,
require
removal of the Minister may require—
advertisement,
etc. (a) the removal of any advertisement being
displayed; or
(b) the discontinuance of the user of any site being
used for the display of advertisements,
where the display or user is in contravention of any provision of
these Regulations.
Penalty. 16. The penalty for the display of any advertisement in

contravention of these Regulations shall be a fine of seven hundred
and fifty dollars and in the case of a continuing offence a further
fine of three hundred dollars a day after the first day during which
the display is continued.
Register of 17. (1) The Minister shall cause a register to be kept at the
applications.
Town and Country Planning Division containing the following
information in respect of all applications:
(a) the name and address of the applicant;
(b) a description of the site, in respect of which the
application is made;
UNOFFICIAL VERSION

(c) brief particulars of the advertisement;

(d) the date and effect of any decision of the Minister
in respect of the application;
(e) the date of any subsequent approval given in
relation to the application.
(2) Within twenty-eight days of receipt of any application
the information as specified in subregulation (1) relating thereto
shall be entered in the register.
(3) The register shall include an index which may be in
the form of a map.

Regulation 4(2). FIRST SCHEDULE
FORM 1
TOWN AND COUNTRY PLANNING (CONTROL OF

ADVERTISEMENTS) REGULATIONS
Application for permission to display advertisements
To: THE MINISTER OF PLANNING AND DEVELOPMENT
I/We hereby apply for permission to display the advertisements described in

this application.
Name .................................................................................................................................
(State whether Mr. Mrs. or Miss) (block letters)
Address of Applicant ........................................................................................................

(block letters)
Postal Address ..................................................................................................................
...........................................................................................................................................
Telephone No. ...................
If submitted by agent on behalf of the applicant:
Name .................................................................................................................................
(block letters)
Address of Agent ..............................................................................................................

(block letters)
...........................................................................................................................................
Telephone No. ............

Locality in which advertisement is intended to be displayed ...........................................
Description of advertisement ............................................................................................
Dimensions of advertisement ...........................................................................................
SKETCH OF PROPOSED LOCATION OF ADVERTISEMENT
Date ............................................ ...................................................................

Signature of Applicant/Agent
UNOFFICIAL VERSION

FORM 2 Regulation 4(4).

Application No. .............
MINISTRY OF PLANNING AND DEVELOPMENT

Notice of permission to display advertisement
TO:
Permission is hereby granted to you to display for a period of .................................
............. from ................................................................... the advertisement described in
(date)
your application dated .................................. and shown on the sketch submitted therewith.
2. Such display is subject to the conditions set out hereunder.
CONDITIONS
3. At the expiration of the period of display you shall be required to discontinue

and remove the said advertisement.
4. In addition to the conditions set out above you are required to observe the standard
conditions of display and remove.
STANDARD CONDITIONS For the display

of any
advertisement.
Regard shall at all times be had to the interests of public safety, that is to say to the
safety of persons who may use any road, railway, waterway (including any coastal waters)
dock, harbour or airfield affected or likely to be affected by any display of advertisements
and in particular consideration shall be given whether any such display is likely to
obscure, or hinder the ready interpretation of any road traffic sign, railway signal or
navigational aid.
Removal shall be effected in a manner satisfactory to the Minister. For the removal
of any
N.B.—Two copies of your application have been forwarded to the ................................. advertisement.
......................................................................................................... Council.
Date ................................. ..........................................................................
Minister of Planning and Development

Regulation 4(4). FORM 3


Application No. .........
MINISTRY OF PLANNING AND DEVELOPMENT
Notice of refusal of permission to display advertisement
TO:
You are hereby refused permission to display the advertisement set out in your
application dated ........................................................................................................ and
shown on the sketch submitted therewith for the reasons given below—
REASONS
N.B.—Two copies of your application have been forwarded to the ................................

........................................................................................................ Council.
Date .................................. ...............................................................................
Minister of Planning and Development
Regulation 10. SECOND SCHEDULE

STANDARD CONDITIONS
For the display Regard shall at all times be had to the interests of public safety, that is to say to
of any the safety of persons who may use any road, railway, waterway (including any coastal
advertisement.
waters) dock, harbour or airfield affected or likely to be affected by any display of
advertisements and in particular consideration shall be given whether any such display
is likely to obscure, or hinder the ready interpretation of any road traffic sign, railway
signal or navigational aid.
For the removal Removal shall be effected in a manner satisfactory to the Minister.
of any
advertisement.
UNOFFICIAL VERSION

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LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

TOWN AND COUNTRY PLANNING ACT

Current Authorised Pages

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2015

Index of Subsidiary Legislation

UPDATED TO DECEMBER 31ST 2015

TOWN AND COUNTRY PLANNING ACT

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2015

ARRANGEMENT OF SECTIONS — Continued

22. Supplementary provisions as to advertisements.

COMPENSATION FOR REFUSAL, OR CONDITIONAL

ACQUISITION AND DISPOSAL OF LAND FOR

UPDATED TO DECEMBER 31ST 2015

TOWN AND COUNTRY PLANNING ACT

An Act to make provision for the orderly and progressive 29 of 1960.

[1ST AUGUST 1969]* Commencement.

2. In this Act— Interpretation.

*See Act No. 31 of 1980.

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2015

of land for other agricultural purposes, and “agricultural” has

UPDATED TO DECEMBER 31ST 2015

“Panel” means the Advisory Town Planning Panel established

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2015

“tree preservation order” has the meaning assigned to it by

Advisory Town 4. (1) There is hereby established an Advisory Town

*Amendment to have effect from 1st August 1969.

UPDATED TO DECEMBER 31ST 2015

that land in Trinidad and Tobago may be used (whether by the

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2015

redeveloped as a whole, for any one or more of the following

UPDATED TO DECEMBER 31ST 2015

(8) At any time before a development plan with respect

7. (1) The Minister shall in the course of preparing a Approval of

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2015

CONTROL OF DEVELOPMENT OF LAND

UPDATED TO DECEMBER 31ST 2015

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2015

(3) Without prejudice to any Regulations made under this

UPDATED TO DECEMBER 31ST 2015

otherwise for the purpose of promoting proper development in

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2015

in connection with the development authorised

UPDATED TO DECEMBER 31ST 2015

(d) for requiring the local authority to furnish to the

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2015

permission or approval is refused by that authority, or is granted

UPDATED TO DECEMBER 31ST 2015

the provisions of subsection (1) of this section shall apply in relation

UNOFFICIAL VERSION L.R.O.

UPDATED TO DECEMBER 31ST 2015