Planning and Development Notes PDF

The Real Estate Training Institute: Pre-Licensing Salesman Course Module 2: Planning and Development Facilitator: Heather Pinnock Date: July 2023 Module 2: Session 1 - An Introduction Planning & Development 1. What is Planning? plan·ning: the act or process of making or carryin...

The Real Estate Training Institute: Pre-Licensing Salesman Course Module 2: Planning and Development Facilitator: Heather Pinnock Date: July 2023 Module 2: Session 1 - An Introduction Planning & Development 1. What is Planning? plan·ning: the act or process of making or carrying out plans. a method for achieving an end. a customary method of doing something. a detailed formulation of a program of action a drawing or diagram drawn on a plane. used specifically: the establishment of goals, policies, and procedures for a social or economic unit 2. The Core Questions of Planning WHAT do we want to do? WHERE does it need to happen? WHO needs to be involved or consulted? WHEN will everything happen? WHY are we doing this? Benefits? HOW should / will it be done? 3. Spatial / Physical Planning Spatial planning is mostly recognized as a public sector function with the purpose of influencing future physical layouts of areas and the distribution of activities. Professional disciplines which involve spatial planning include land use, urban, regional, transport and environmental planning. Related areas include economic and community planning, as well as maritime spatial planning. Spatial planning takes place on local, regional, national and international levels  4. What is Development? a process in which something passes by degrees to a different stage (especially a more advanced or mature stage) the act of improving by expanding, enlarging, or refining. Real estate development is the conversion of land or property to a specific use, from a single house to a large city. Human Settlements Human Settlement Pyramid 1. Types of Settlement A settlement is any form of human dwelling, from the smallest house to the largest city -.- Oxford Dictionary of Geography Settlements range from a small village to a megacity with millions of people. People choose to settle in different areas for a variety of reasons. As settlements grow they develop identifiable patterns which are used to classify them. Geographers study settlements because it is a reflection of the relationship between humans and their environment. These patterns are also used to project future settlement development. There are three main settlement patterns: nucleated, linear dispersed  Nucleated settlements comprise of buildings that are situated close together, usually clustering around a central area such as a river crossing or road junction. Linear or ribbon settlements consist of structures that are built in a line, usually along a major transport route such as a road. Dispersed or scattered settlements occur mostly in rural areas. Buildings are spaced across a wide area and usually consist of farms. 2. Understanding The Built Environment The Image of The City by Kevin Lynch explores urban design and particularly the ways that residents perceive cities. The book focuses on the ways people create mental images of the cities where they work and live. 1. Paths are the channels which the observer moves. They can be streets, walkways, transit lines, canals and railroads. 2. Edges are the boundaries between two phases, linear breaks in continuity. They include shores, railroad cuts, edges of development and walls. 3. Districts are large city areas which observer can mentally recognise. The physical characteristics that determine districts are; texture, space, form, detail, symbol, building type, use, activity, inhabitants, degree of maintenance, topography 4. Nodes are the strategic foci into which the observer can enter either junctions of paths or concentrations of some characteristic. 5. Landmarks are the point references which are external to the observer and simple physical elements vary in scale. Figure background contrast relationship is the principal factor. Location at a junction involving path decisions strengthens a landmark. Map Reading Basics National Geographic defines a map as a symbolic representation of selected characteristics of a place, usually drawn on a flat surface. Maps present information about the world in a simple, visual way by showing sizes and shapes of countries, locations of features, and distances between places. Maps can show distributions of things over Earth, such as settlement patterns. They can show exact locations of houses and streets in a city neighborhood. Types of Maps Maps can be divided into three main types: 1. Physical maps 2. Political maps 3. Thematic maps Differences between physical and political maps, based on: 1. Physical maps show the relief and landforms like plains, plateaus, and mountains. 2. Political maps show national and state boundaries, and national and state capital cities Thematic maps can reflect any subject. Common Map Features: Scale All maps are scale models of reality. A map’s scale indicates the relationship between the distances on the map and the actual distances on Earth. This relationship can be expressed by a graphic scale, a verbal scale, or a representative fraction. Symbols Cartographers use symbols to represent geographic features. For example, to represent cities, capital cities, and different sorts of lines represent boundaries, roads, highways, and rivers. Colors are often used as symbols. Green is often used for forests, tan for deserts, and blue for water. A map usually has a legend, or key, that gives the scale of the map and explains what the various symbols represent. Contours A contour is a line drawn on a map that joins points of equal height above sea level (0). A contour interval is the vertical distance or difference in elevation between contour lines. For 1:25 000 scale maps the interval between contours is usually 5 metres, although in mountainous regions it may be 10 metres. Widely separated contour lines indicate a gentle slope. Contour lines that are very close together indicate a steep slope. Grids Most maps include a grid pattern, or a series of crossing lines that create squares or rectangles. The grid helps locate places on the map and is often made up of latitude and longitude lines. Latitude lines run east-west around the globe, parallel to the Equator. Longitude lines run north-south, from pole to pole. Latitude and longitude lines are numbered. The intersection of latitude and longitude lines, called coordinates, identify the exact location of a place. Map Reading Resources 1. Wiki How To Read A Map: https://www.wikihow.com/Read-a-Map 2. How to Use Google Maps: https://www.techtarget.com/whatis/definition/Google-Maps Module 2 Planning & Development: Session 2 (Refer to The Manual for Development Section 1 Chapters 2 and 3) The Role of Government in Planning Two levels: Central (Ministries, Departments and Agencies) and local government (Municipal Corporations Creation and management of good policy, regulations and standards for planning and development Facilitation of processes related to policy and standards including accessible user interfaces, transparency, tribunal etc. Specific support and funding for local government role in planning and development. Role of the Minister in Planning Appointment of statutory bodies, authorities and boards. Appoint local planning authorities (E.g., Negril) Confirmation and promulgation of Development Orders Review of appeals regarding refused or conditional development applications and appeals regarding Enforcement Notices The Role of Private Sector in Planning Compliance with government policy, regulations and standards. Investment in properly planned development opportunities. Professional planning services for non-governmental projects Promotion of best practices and innovation in planning and development. The National Environment & Planning Agency An Executive Agency since April 1, 2001 and now under the portfolio of the Ministry of Economic Growth and Job Creation. It was founded to carry out the technical, functional and administrative mandate of three statutory bodies: the Natural Resources Conservation Authority (NRCA), the Town and Country Planning Authority (TCPA) and the Land Development and Utilisation Commission (LDUC). The National Environment & Planning Agency NEPA operates under the following Acts: Executive Agencies Act; The Natural Resources Conservation Authority Act; The Town and Country Planning Act; The Land Development and Utilization Act; The Beach Control Act; The Watersheds Protection Act; and The Wildlife Protection Act Endangered Species (Protection, Conservation and Regulation of Trade) Act NEPA: Planning and Development NEPA: Planning and Development Goal: Sustainable Management Of Jamaica’s Natural Environment Whilst Ensuring Effective Urban And Rural Development. According to the Town and Country Planning Act, “development” means, "the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of material change in the use of any building or other land.“ Role of Local Government Developing, managing and maintaining infrastructure and public facilities such as parochial roads, water supplies, drains and gullies, parks, recreational centres, markets, abattoirs, pounds, cemeteries, transport centres, public sanitary conveniences, and public beaches. Regulation powers in respect to building and planning approvals and development control, licensing of trade and businesses, street parking and control of public vending. Coordinating inter-agency collaboration among non-governmental organizations, community- based organizations and Government agencies, which operate in the parish and are engaged in the delivery of local services or in local development. t Support of national policies/development programmes at the local level. Spearheading plans and initiatives for the parish Municipal Corporations CORNWALL Kingston and St. Andrew St. James MIDDLESEX Westmoreland St. Ann Hanover St. Catherine St. Elizabeth St. Mary Trelawny Clarendon SURREY Manchester Portland Portmore St. Thomas The Town and Country Planning Act An act to make provision for the orderly and progressive development of land, cities, towns and other areas whether urban or rural , to preserve and improve the amenities thereof, and for other matters connected therewith. Operational Date: February 1, 1958 Last Amendment: January 1, 1999 The Local Improvements Act An act to govern the subdivision of lands island wide, the requirements for the subdivision of land, specifications for the submission of drawings/maps, sanctioning of a subdivision and the appeal process. Operational Date: 1914 Last Amendment: 1991 The 2018 Building Act An act to discourage new squatter settlements from being built, promote sustainable development, and establish and enforce internationally accepted building standards and rules for individuals and entities providing construction material and services. Took effect on 15 January 2019 Natural Resources Conservation Authority Act An act to provide for the management, conservation and protection of the natural resources of Jamaica, to establish a Natural Resources Conservation Authority, to make consequential amendments to certain enactments and to provide for matters incidental thereto or connected therewith. Operational Date: July 5, 1991 Last Amendment: January 1, 2017 BINDS THE CROWN Issues with Legislation Functional/Operational Overlaps Gaps and Loopholes Inconsistent Messaging Ministerial Authority Appeals Process Transparency Long, complicated, costly and sometimes unclear processes Development Assistance Centre The DAC is a paid, project support service from NEPA. The centre carries out the following five main functions: 1. Pre-Consultations + Feasibility 2. Inter-Agency Facilitation 3. Monitoring And Tracking 4. Report On Performance 5. Recommend Improvements The Development Process NEPA: Planning and Development Goal: Sustainable Management Of Jamaica’s Natural Environment Whilst Ensuring Effective Urban And Rural Development. According to the Town and Country Planning Act, “development” means, "the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of material change in the use of any building or other land.“ Spatial Planning Division includes: National Spatial Strategy Branch for providing a framework for the sustainable development of rural and urban areas. Local Area Planning Branch responsible for coordinating sustainable planning at the parish level The division is supported by Geographic Information System and Architect-Planning Units The applications review process, plan preparation and enforcement are important aspects of this functional area of NEPA’s role. The National Spatial Plan, development plans, development orders and other documents, such as the Development Investment Manual are critical tools to guide land use planning in Jamaica. Development and Investment Manual: https://www.nepa.gov.jm/planning-and- development/development-and-investment-manual Agencies in the Development Process Local Planning Authorities / MCs Jamaica National Heritage Trust National Works Agency Civil Aviation Authority Water Resources Authority Mines and Geology Division Jamaica Bauxite Institute Ministry of Health & Wellness Ministry of Agriculture - RPPD Environmental Health Unit National Irrigation Commission National Water Commission National Land Agency Urban Development Corporation Office of Disaster Preparedness & Emergency Management Spatial Planning Framework (SPF) The national long-term framework for sustainable development The SPF constitutes the main laws, regulations, plans, policies, documents, institutions, administrative procedures and decision-making processes. The SPF defines the roles and responsibilities, the rules and type and levels of engagement of stakeholders. Development Orders A development order is a legal document prepared under the Town and Country Planning Act to guide development in the area to which it applies.  The development order area may constitute an entire parish or may only apply to a specific area. A development order constitutes land use zoning maps, policy statements and standards relating to land use activities. It is not the legal Development Order for the area unless it is confirmed. The Purpose of Development Orders via NEPA Development Orders – Process Every five years or earlier based on development trends or other factors. Scientific process and Literature review Use of international and local plans, guidelines, laws, protocols and relevant documents Broad based consultations and feedback at all stages. Open to objections Benchmarked to the relevant international standards and processes Draft Provisional Development Orders Planning & Development Processes Types of Planning & Development Approvals: 1. Planning Approvals 2. Subdivision Approvals 3. Building Approvals 4. Environmental Approvals Online reference for approvals processes: https://dobusiness.gov.jm/ Manual for Development Section 1 Chapter 8 1. Planning Approvals In keeping with the Town & Country Planning Act , all applications for Planning Approvals must be submitted to and approved by these Municipal Corporations (MCs) before any work or construction can commence. Planning Applications are concerned with ensuring that the public health, safety and the environment are not threatened in any way. The types of Planning Applications usually submitted are: Outline planning Detailed planning (Included with Application for Building Permit) Change of Use Retention of Structure Continuance of use Determination Planning Process Applications submitted to the Local Planning Authority in the respective municipal corporations. These may be referred to Town & Country Planning Authority for a decision or to NEPA for a recommendation Pursuant to the TCPA Act Planning Applications requiring environmental permits -the NRCA must indicate its intention to grant permission prior to the TCPA granting planning permission. Pursuant to the NRCA Act A Planning Application and an Environmental application must be submitted simultaneously, that is to the local authorities and NEPA. Planning Process Areas of Assessment Zoning - Existing vs Proposed Land use Urban Limit /Change in use of Agricultural Lands Level of infrastructure Lot Size – location (urban/rural), terrain, type of sewage Density (# habitable room/ha) Height of Building Setback from roadways, gullies, coastal zones, rivers etc. Traffic Flow and Access (Ingress & Egress) Parking Open Space (1 ha: 100 lots) Detailed Planning Application Final detail drawings for proposal must include: A Location Plan in metric at 1:12,500 with site area outlined. The plan should indicate any adjoining land which is owned by the Applicant. A Site Plan at either 1:500 or 1:200 showing the building relative to site boundaries and any other buildings located within the site. Floor Plans at either 1:100 or 1:50 showing the floor plan of each storey of the building. Access (ingress and egress) for vehicles and pedestrians should be indicated.  Landscape Plan should also show the distribution, size, and position of all trees within area. OUTLINE Planning Application – Concept drawings which must satisfy all the other statutory requirements before proceeding with construction. Development Requirements Refer to Manual for Development Section 1 Chapter 4 And for parking specifications: NWA FAQS: https://www.nwa.gov.jm/faqs 2. Subdivision Approvals In keeping with the Local Improvement Act all applications for Subdivision Approval must be submitted to and approved by the Municipal Corporations (MCs) before any work or construction can commence or the sale of any of the subdivided lots. Subdivision occurs when a landowner splits an existing parcel of land into two or more lots for sale, gift or lease, and then obtain individual (splinter) titles for each lot. The regulations of the Local Improvement Act govern this process so that: The proposed use is suitable for the land. The plan fits in with the local legislation and policies. The people in the area are protected from developments that are unsuitable or cause distress on the services in the area. When subdividing land, whether existing or purchased, a locally Commissioned Land Surveyor must be retained to prepare a plan of the entire property, this includes that portion, which is being bought or otherwise is to be used for the development. A subdivision plan is a large-scale map showing the surveyed land space as well as other information required by the Municipal Corporation. When a subdivision application is received, it is assessed based on several different criteria. These include, but not limited to: How the plans match the zoning regulations (in the Development Order). The suitability of the proposed use, considering the adjoining uses. Whether the area falls in a hazard/disaster zone. Size and number of lots. Availability of utilities. Existing use of the land. Subdivision Categories: (based on use) Residential Commercial Industrial Agricultural (based on number and the size of the lots) Nine (9) lots or less and Under 5 acres Nine (9) lots or less and Over 5 acres Ten (10) lots or more, and Over 5 acres 3. Building Approvals Building applications are dealt with under the Building Act and are concerned with the structural integrity of the proposed buildings or structures. The Act defines a “Building” as any structure, temporary or permanent, that is placed or erected on land and/or another structure. A Building Permit is a formal approval from your Local Planning Authority / Municipal Corporation to construct, modify, extend or renovate a structure. 4. Environmental Approvals Environmental Permissions (permits/licences) required to carry out development in Jamaica are obtained under the Natural Resources Conservation Authority Act. The main environmental issues to consider when contemplating development are: Biological and Water Resources Solid Waste Disposal Public Health including Air Quality Drainage and Coastal Zones Protected Areas and Wetlands Natural Hazards Sewage Treatment and Disposal Environmental Approvals A Permit is required to undertake any construction, enterprise or development of a prescribed nature anywhere in the island and the Territorial Sea. The permit is intended to safeguard natural resources from damage due largely, but not exclusively, to physical development. A Licence is required for the handling of sewage or trade effluent and poisonous or harmful substances to be discharged into the air, ground or water, or by the construction, reconstruction or alteration works. It is to safeguard the environment from contamination. Pursuant to Beach Control Authority Act, a Beach Licence is required if you intend to use the foreshore and floor of the sea. Environmental Impact Assessment In applying for a Permit or a Licence an EIA may be required. NEPA determines whether or not an EIA is required based on screening of the application and the conducting of site visits. An EIA is a study which outlines the impact the proposed project is likely to have on the area in which the physical development will be carried out. It also outlines mitigation measures necessary to reduce the negative impacts of the project. Copies of EIAs are available at local public institutions: Libraries & Post Offices, Local Authorities. Public consultations are also held the obtain feedback. Comments must be submitted in writing to NEPA within 30 days. Appeal - Applicant may appeal any of the conditions or decision to the Minister in charge of the Environment. Copy of Permit/Licence submitted to Local Authorities/ KSAC for information and utilization. NEPA reserves the right to revoke or suspend any permit or licence if stipulated conditions are not being upheld.Post permit monitoring will be conducted by NEPA to ensure that the stipulated conditions are met. Additionally, facilities are required to undertake self- monitoring and submit regular reports to NEPA. The Development Process Stages of The Development Process pre-consultation the decision-making process team selection the appeals process drafting the construction process finalisation of plans monitoring and enforcement Pre-Consultation Recommended for the following reasons: To save the applicant time and money in preparing detailed layout plans which may prove to be unacceptable. To allow the planning authorities to review the proposed location and design concept in order that the application may obtain the maximum advantage of facilities available. To ensure that the design of the development, particularly in areas where local planning control is not fully developed, will be of such a standard that it is unlikely to deteriorate prematurely. Consideration for how land is currently used as well as plans for future use. Team Selection Key Professional Organisations: Jamaica Institute of Architects (JIA) Jamaica Institute of Planners (JIP) Jamaica Institution of Engineers (JIE) Land Surveyors Association of Jamaica Association of Land Economy and Valuation Surveyors (ALEVS) Construction Team including specialists Project Management / DAC support Legal and Financial Advisors Social and Environmental Advisors Drafting & Finalising Plans Enquiries or Applications Manage Team of Professionals Revisions further to feedback Submissions in accordance with requirements. Payment of related fees Confirmation of receipt Presentation and response to queries as necessary The Decision-Making Process Applications requiring planning permission are to be made to the local planning authority and be accompanied by the necessary drawings. The planning authority may grant permission with or without conditions or refuse the application. May be subject to NRCA for environmental considerations. Development Order as guidance on categories and types of permission as necessary. Construction, Monitoring and Enforcement Construction is the implementation of a development in keeping with approved plans. Monitoring of all approvals, permits and licences should be done by the approving body. Stop Order: Where a development is being carried out in breach of an approved condition or without planning permission and is hazardous or otherwise dangerous to the public. Enforcement Notice: After a Development Order is in existence or operation in an area, if any development has been carried out without planning permission or non-compliance with any conditions subject to which permission was granted. Appeals Process Appeals to the Minister, under TCPA relate to: Development of land, such as the refusal or approval of applications with conditions by the planning authorities, failure to respond to applications within 90 days of receipt of same, or from the extended period by them, or for an outline application where additional information is required. Serving of Enforcement Notice. This relates to the unauthorized change of use, erection of illegal buildings and non-compliance with conditions of approval. The Statutory time limit for applying an enforcement notice is 12 years. A person on whom an Enforcement Notice is served can appeal to the Minister with the responsibility for Planning within 14 days after the service of the notice. The Minister may hear an appeal or appoint a person or persons to hear, receive and examine the evidence in an appeal and to submit a written report to him of the findings and recommendations within 21 days of the hearing of the evidence. A person who is aggrieved by the decision of the Minister regarding an Enforcement Notice can appeal to the Court of Appeal. Sustainable Development ‘Development which meets the needs of the present without compromising the ability of future generations to meet their own needs’ - The Brundtland Report, Our Common Future, 1987 The Sustainability Balance PEOPLE - The Society: Our Community, Culture and Heritage PLANET - The Environment: Our Earth and its Resources PROFIT - The Economy: Our Financial Viability & Competitiveness Global Goals for Sustainable Development 2030 With its cross-sectoral reach, land, construction and real estate can be a powerful driver for corporate sustainability and for making the Sustainable Development Goals a reality. https://sdgs.un.org/goals SDGs + Real Estate Industry Land-use patterns, planning and design, construction practices and materials are major determinants of greenhouse gas emissions. Construction and end-of-life waste generation and disposal affect the environment and communities.  Corrupt practices in planning, real estate and construction can have a social, political and economic toll. The availability of housing is a major quality-of-life determinant. Construction and real estate development foster economic growth and employment opportunities, but the processes involved often do not have built-in human and labour rights safeguards. Jamaica’s Vision 2030 Goals The Plan builds on the following four strategic goals for the country's development: 1) Jamaicans are empowered to achieve their fullest potential; 2) the Jamaican society is safe, cohesive and just; 3) Jamaica's economy is prosperous; and 4) Jamaica has a healthy natural environment. For further details visit: www.vision2030.gov.jm The Impact of Climate Change For a simple explanation of Climate Change: https://www.epa.gov/climatechange-science/basics- climate-change “Building fiscal and financial resilience and investing in preparedness – physical, health-related [and] social safety nets – are critical to reducing the large human and economic costs caused by climate change.” – World Bank 2021 Property and Global Emissions 40% of the global emissions come from buildings and the real estate sector. 70% of the related emissions are produced by building operations including heating, cooling and mechanical activities. 30% of the emissions generated comes from construction materials and activities. #1point5toStayAlive – Small Island Developing States (SIDS) 2015 COP 21 Global commitments to reaching net-zero emissions by 2050. This ambition intends to mitigate the worst potential effects of climate change by limiting warming to 1.5˚ C above pre-industrial levels. Policies to achieve net zero that impact the real estate sector include rising carbon prices, building and resource efficiency standards, and renewable energy mandates. The 2022 COP27 event resulted in specific consideration for loss and damage. Our Caribbean Situation 70% of Caribbean people live at or near sea level in coastal settlements. 50% of the year is spent under threat of tropical storms and hurricanes. 10% of Caribbean economies (US$22 Billion) could be lost to climate events by 2050. Climate Driven Property Risk Flood insurances related to sea level rise, coastal and inland flooding. Fire insurances due to the increase in threat of bushfires Increased energy costs in response to rising temperatures and deteriorating air quality Major investments in increasingly high-risk locations Climate Smart Real Estate Making Climate Resilience A Key Investment Priority Courtyard Marriott Kingston LEED certified for New Construction 2009 Silver in June 2017 Net-Zero Energy Building @ UWI and home in Antigua Conservation and Management of Potable Water Building Life Cycle Waste Reduction (Circular Economies) Traditional Sustainability Heat Reducing Veranda Sunlight Filters Fretwork Rainwater collection Elevated Structure Cross Ventilation Airflow Louvers Wind Resistant Roof 'Do the best you can until you know better. Then when you know better, do better.' - Maya Angelou *** THE END