Monday, December 7 – Effective January 1, 2010, the Town and Country Planning Department will no longer issue renewals of development permits.
Acting Chief Planner Mrs. Marva Titley-Smith said that persons who have not completed their building projects within the time outlined in their development permission will have to submit a new planning application which would be subjected to the regular routine for processing such.
Mrs. Titley-Smith has been explaining the new policy to the Department of Information and Public Relations. “With the coming into force of the Physical Planning Act, 2004, development permits are generally valid for a period of three years. It is therefore the responsibility of owners to ensure that their respective projects are completed within that timeframe to avoid a lapse in the permit”, she said.
Mrs. Titley-Smith pointed out, “It was important to give persons time to adjust to the new Physical Planning Act, and having done so, every effort must now be made to comply with the stipulations of the Act, including the timeframe for development permission.”
The Acting Chief Planner explained that if a development permit lapses before development has commenced, no development activity should then occur unless a new application is submitted and a new permit granted by the Planning Authority.
Mrs. Titley-Smith said, “Persons who commence development activities but fail to complete them within the required timeframe, may apply for an extension of time for a development. This must be done prior to the lapse of the original development permit and the applicant must show good cause for needing the extension.”
The reasons for requesting the extension and a proposed schedule for completing the development must be provided by the applicant. “Essentially, the permit holder is responsible for ensuring that the permit is in good standing, and if necessary, for initiating a request for extension,” Mrs. Titley Smith said.
Quoting the relevant Section of the Physical Planning Act, 2004, the Acting Chief Planner stated, “A detailed development permission may be granted subject to a condition that it shall lapse and cease to have effect if the development to which it relates has not been completed within three years of the grant of detailed development permission, or such longer period as may be authorized by the Authority in any particular case.”
According to the Acting Chief Planner, the law states that “The Authority may serve written notice on a person who has commenced, but has not completed, within the time prescribed thereof, the development for which he has obtained permission, requiring that person to complete the development within the time specified in such notice, and stating that if the development is not completed within that period, the development permission will cease to have effect after the expiration of a further period specified in the notice.
Persons who fail to comply with the requirement will find themselves in violation of the Physical Planning Act, 2004. The general public is advised to contact the department by calling 468-3701 extension 2158 to seek further assistance or information.
The Town and Country Planning Department is responsible for ensuring the proper use of land in the territory through integrated land use planning, development control, geographic information management and public education.
British Virgin Islands News