Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697800469157.pdf (Dominica)
Physical Planning Division Ministry of Economic Affairs, Planning, Resilience, Sustainable Development, Telecoms and Broadcasting Dr Genora Joseph, Chief Physical Planner Presentation Outline ❑About the Physical Planning Division ❑The Physical Planning decision making process ❑ Role of PPD in Sustainable Development and construction of resilient homes ❑Responsibilities of the contractor ❑When things go wrong – non-compliance ❑ Some fundamental Planning rules - setbacks ❑Group activity ❑Close About the Physical Planning Division Who we are and what we do Introduction to the Physical Planning Division • The Physical Planning Division (PPD) is the executing arm of the Planning Authority.
• The PPD is headed by the Chief Physical Planner and is responsible for the administration and operation of the Physical Planning system in Dominica, under the Physical Planning Act No.

5 2002.

• It is the point of contact of the Planning Authority with the Public, and the Government.

• The PPD is responsible for developing and administering the National Land Use Policy, National Physical Development Plan and Area Development plans.
• It is also responsible for implementing and administering the Building Code.
Physical Planning Division Structure – Present Future changes to Development Control Section with launching of Technical Assistance Centres (TACs) Chief Physical Planner TAC Engineers Senior Development Control Officer Development Control Officers TAC Admin Staff Junior Development Control Officers Physical Planning Division Sections and their respective functions Administration Land Use Development Control First point of contact of the public Deals with correspondences and incident reports Maintaining the Physical planning database Site investigations Surveillance and building inspections Natural Hazard Risk assessment Review building plans and layouts Land use controls Issues Amendments Subdivision control Investigating non- compliance The Physical Planning Act (No.
5), 2002 • The Act makes provision for orderly and progressive development of land in Dominica.

• The Act regulates the construction of buildings and other types of development.

• The Act seeks to preserve and improve amenities of the land for present and future generations (Sustainable development).
Important definitions from the Physical Planning Act 2002 • Developments • Subdivisions Material changes to land, including building construction, mining, engineering, subdivision of land, placing of sign boards Dividing a parcel of land into smaller parcels • Builder • Unauthorized development A person engaged as a contractor in the construction, alteration, improvement maintenance or repair of buildings or works associated with buildings Any development which does not have planning permission, or which is not in accordance with the conditions of planning permission Types of building applications and land use • Buildings must be built on lots which are part of an authorized subdivision • The building type must match the land use • The lots must have the appropriate infrastructure/ services for the type of building Residential Industrial/ Commercial Commercial Building Applications Government Subdivision Application Institutional Residential Agricultural The Physical Planning Regulations – The Revised Building Code 2015 supersedes the 1995 Code The Physical Planning Regulations – The Revised Building Code 2015 • The Revised Building Code has been approved by Cabinet; the Physical Planning Division is currently working with other Government Departments and Agencies to implement the Revised Building Code.
• The Code will have implications for Engineers, Architects, Draughts people and builders and owners of buildings (developers).
• It will introduce requirement for Occupancy Certificate • It will require 9 points of inspection by the Physical Planning Division The Decision Making Process From application to approval The Application Process Consulting External Agencies on Applications The Physical Planning Authority and Committees The Authority Decision-making Committees • The Minister of Planning • Technical Staff Committee • The Physical Planning Board • Technical Committee • The Chief Physical Planner • Physical Planning Board • Appeals Committee The Building Application Checklist • Complete application form and payment of application fee • Proof of land ownership documents • All plans in triplicate including site layout and location plan • Survey plan • Engineer’s certificate, and Engineer stamp on all structural drawings if required Sustainable Development & Resilient Building In accordance with the building codes The Mission to be the World’s First Climate Resilient Nation Challenges • Limited land space in Dominica for Development (less than 20%!)
• Land use constrained by topography and Dominica’s susceptibility to natural hazards • Poor settlement patterns of the past pose a challenge to resilient development Sustainable development of Dominica, in keeping with UN SDGs Dominica, Natural Hazard Susceptibility Hurricanes Storm surge flooding Landslide Earthquakes Land Use Section – Hazard Risk Assessment Basics of Resilient Construction • Foundation • Structural frame Footings appropriately sized and reinforced for soil bearing capacity, Soil compacted, tie beams for isolated footings Members sized and reinforced properly (where applicable) • Roofs • Doors and Windows Waterproofing and Good drainage (concrete roofs); Collar ties; purlins, rafters, ridge beams are appropriately sized; Hurricane ties and straps; Roof sheeting of Gauge 24 or less (Timber roof) Lintel beams and appropriate framing and glazing, openings no more than 30% wall area no single opening > 10% Doors and windows be designed to resist hurricanes (Building code) • Construction Materials • Site layout and risk management Correct material strength and specifications, sufficient cover to concrete.
Appropriate treatments for weather conditions etc.
Sufficient setbacks, retaining walls, access, site drainage construction, managing topographic constraints, Other Aspects of Building design reviewed by the PPD ✓ Functionality, comfort and sanitation ✓ Room sizes, layouts and floor heights ✓ Ventilation and natural light ✓ Electricals, plumbing ✓ Appropriate sewerage treatment system ✓ Fire safety Responsibilities of the contractor Making sure your construction remains compliant Sticking to the Plan • The approved plan is part of a legally binding document.
• Constructed structure should match the approved plans • Changes to building especially the structural aspects of the are not allowed • If changes have to be made due to unforeseen circumstances, a revised plan should be submitted to the PPD for approval before any modifications can be incorporated in the construction • Some modifications may require certification/re-certification by an engineer before they can be permitted • Do not attempt to change the site layout or orientation of the building during construction.
It may change the setbacks and siting of the sewage treatment system.

Obeying All conditions of the Approvals Letter • The approvals letter requires you to notify the Division at specific points in the construction process, please do so 48 hours in advance, on weekdays.

• The approvals letter may have specific conditions, such as requirements to notify the traffic department before construction commences, please familiarize yourself with ALL the contents of the letter and follow the instructions.
• Your client may request changes to the structure that are not in keeping with the conditions of approval, if you make changes at the client’s request remember you too can be held legally responsible for non-compliance.
PPD inspections at various stages of construction in accordance with revised Building Code • Setting out • Foundation BEFORE concreting • Structural frame and roof • Ring beams casing and reinforcement • Plumbing and drains • Electrical Works in association with Government Electrical Inspector (Electrical Division) • Other inspections as the owner, builder or Chief Physical Planner may reasonably Require • Special Inspections of all mechanical installations • Final inspection for granting of an Occupancy Certificate When things go wrong!
Non-compliance – the wrong side of the law What is A Compliance Notice and when does the PPD issues them • A Compliance Notice is a notice issued under Section 36 of the Physical Planning Act 2002 when developments are caried out without Planning Permission or contrary to the conditions of Physical Planning Permission • Compliance Notices are issued for: ✓ Unauthorized construction ✓ Unauthorized subdivisions ✓ Encroachment on setbacks or boundaries ✓ Construction after Physical Planning Permission has expired ✓ Extensions of buildings without Planning Permission ✓ Change of use of building without planning permission ✓ Construction that causes nuisance or threat to the public Obeying All conditions of a Compliance Notice • The Specified Date: all remedial action will need to be completed before this date • The Breach: these are all the actions which are unauthorized and are in contravention of the Physical Planning Act 2002 • The Remedy: these are actions that the person(s) on whom the notice is served must take to correct the breach in development control (non-compliance) • The Right of Appeal: In accordance with Section 43(1) of the Act; Any appeal against a Compliance Notice (Section 75) must be made on or before the specified date of the Notice.
• The Penalties: These are the penalties for the offence which will be enforced if the breach is not remedied by the specified date (In the case of no appeal or if the appeal fails).
Who can get a Compliance Notice • Any person having a material interest in the land can be issued with a Compliance Notice, this includes: • The person who is carrying out the development (the developer) • The landowner • Persons authorized to represent the landowner or developer • Any person who is in control of a people carrying out (non-compliant) activities on the land – this includes builders and contractors What are Stop Orders and Why are they issued • A Stop Order is a notice issued when the Physical Planning Authority considers it to be necessary to preserve public health, public safety or the integrity of the environment.
• A stop order always relates to a Compliance Notice and can be served at the same time as the Notice or after the Notice has been served, but not without it.
• A stop order causes any development/building activity to stop immediately • Like the Compliance Notice, the stop order can be served on any person with material interest in the land/development Planning Rules that contractors need to adhere to Compliant Construction Some Physical Planning rules on setbacks • General Building Setbacks, 10 feet front and rear, 4 feet sides, in non-congested areas.
• Approved Subdivision Setbacks 10 feet front, 15 feet rear and 10 feet sides • Congested Areas Setbacks (Roseau, Mahaut/Massacre, Portsmouth) 5 feet front or maintain building line, 5 feet 6 inches rear, 2 feet 8 inches back • Setbacks from Highways, 60 feet from road centreline • Secondary roads - greater than 10 feet from the edge of the road or 30 feet from the road centreline Group Exercise Non-Compliance Scenarios The Client wants an extra room not on the plans A building near an overhead high- tension line • The client notices that there is enough material to allow for the construction of an extra room and asks the builder to construct the room even though it is not included on the approved plan.
• A builder is building near an overhead electricity line, because the client is in a hurry to finish construction and did not want to wait for the utility company to relocate the line.

• What should the builder do?

• What type of notices can Physical Planning Serve.

• Who can Physical Planning serve?

Thank You, the End!!

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