{"kind":"expression","expression":{"expr_id":"399","doc_id":"399","label":"2021 Revision","is_as_enacted":"f","commenced_on":"2021-01-22","superseded_on":null,"valid_from":"2021-01-22","valid_to":null,"is_current":"t","incorporating":"[\"LAW 50\/2020 - Development and Planning (Amendment) Law, 2020 - LG84\/2020\/s2\", \"as amended by:\", \"LAW 56\/2020 - Citation of Acts of Parliament Act, 2020 - LG89\/2020\/s1\"]","akn_expr_iri":"\/akn\/ky\/act\/1971\/28\/eng@2021-01-22","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1971\/28\", \"expression\": \"\/akn\/ky\/act\/1971\/28\/eng@2021-01-22\", \"manifestation\": \"\/akn\/ky\/act\/1971\/28\/eng@2021-01-22.pdf\"}, \"pdf\": {\"md5\": \"a187d6294e988ef82b81eb67f8598f21\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1971\/1971-0028\/1971-0028_2021 Revision.pdf\", \"pages\": 56, \"filename\": \"1971-0028_2021 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 18474, \"paragraph_count\": 56, \"text_char_count\": 115863}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"SCHEDULE 1 CONSTITUTION AND PROCEDURE OF AUTHORITY AND BOARD SCHEDULE 2 MATTERS FOR WHICH PROVISION MAY BE MADE IN DEVELOPMENT PLANS ENDNOTES Development and Planning Act (2021 Revision) (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Development and Planning Act (2021 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. (1) In this Act \u2014 \u201cagriculture\u201d includes horticulture, fruit growing, dairy farming, the breeding and keeping of livestock (including the farming of turtles in confinement), the use of land as grazing land, meadow land, market gardens and nursery grounds and \u201cagricultural\u201d has a corresponding meaning; \u201cancillary building\u201d means a garage or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building; \u201cAppeals Tribunal\u201d means the Appeals Tribunal established under section 47; \u201cAuthority\u201d means the Central Planning Authority established under section 3(1) and, for the purposes of sections 18, 19, 20 and 29A to 29E \u201cAuthority\u201d includes the Board; \u201cBoard\u201d means the Development Control Board established under section 3(3); \u201cbuilding\u201d includes any structure or erection of a permanent or semi-permanent nature and any part of a building as so defined, but does not include plant or machinery comprised in a building; Development and Planning Act (2021 Revision) \u201cbuilding\u201d or \u201cwork\u201d includes waste materials, refuse, garbage and any other matter deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly; \u201cbuilding operations\u201d includes rebuilding operations, structural alterations of or additions to buildings, and other physical operations normally undertaken by a person carrying on business as a builder; \u201ccourt\u201d means a court of summary jurisdiction; \u201cdays\u201d means calendar days unless otherwise specified; \u201cdetached house\u201d means a dwelling unit on its own exclusive lot; \u201cdevelopment\u201d has the meaning assigned to it by section 13(3) and \u201cdevelop\u201d has a corresponding meaning; \u201cdevelopment plan\u201d has the meaning assigned to it by section 9, and includes the plan deemed to be the first development plan of the Islands under section 9(5) and any amendment to a development plan; \u201cDevelopment Plan Tribunal\u201d means a tribunal established under section 43; \u201cDirector\u201d means the Director of Planning appointed under section 4; \u201cduplex\u201d means two dwelling units one above the other or side by side having a common wall and being on one lot; \u201cengineering operations\u201d includes the formation and laying out of means of access to highways; \u201cerection\u201d, in relation to buildings, includes extension, alteration and reerection. \u201cformer Law\u201d means the repealed Land Development (Interim Control) Law, 1969 [Law 2 of 1969]; \u201cfunctions\u201d includes powers and duties; \u201chighway authority\u201d means the authority responsible for the maintenance of a road; \u201cland\u201d includes land covered by water and also includes incorporeal hereditaments of every tenure or description and any interest therein and also an undivided share in land; \u201cLand Register\u201d means the Land Register compiled under Division 2 of Part II of the Registered Land Act (2004 Revision); \u201cnational disaster\u201d includes hurricane, fire, flood, earthquake, outbreak of pestilence, outbreak of infectious disease or any other calamity whether similar to the foregoing or not; \u201coperations\u201d includes \u2014 (a) building operations; (b) excavating land; and Development and Planning Act (2021 Revision) (c) any other activity connected to the use of land; \u201coutline planning permission\u201d means permission for the erection of a building or for the use of land, which permission is granted subject to a condition that approval be given by the Authority at some later time to the site, design, density or external appearance of any such building or the means of access; \u201cowner\u201d, in relation to any building or land, means a person other than a mortgagee not in possession, who is for the time being entitled to dispose of the right of ownership of the building or land, whether in possession or reversion, and also includes a person holding or entitled to the rents and profits of the building or land under a lease or agreement the unexpired term whereof exceeds ten years and, without prejudice to the generality of this definition, \u201cowner\u201d includes each proprietor for the time being of a strata lot; \u201cpermission granted for a limited period only\u201d has the meaning assigned to it by section 15(2); \u201cplanned area development\u201d means a master planned development approved by the Authority pursuant to regulations made under this Act; \u201cprimary use\u201d within a zone includes any use which is subsidiary to and compatible with the primary purpose of that zone; \u201crecovery period\u201d means such period (as may be specified by the Cabinet by order) immediately following a national disaster; \u201croad\u201d means a road as defined from time to time in the Roads Act (2005 Revision); \u201cspecial purpose development\u201d means a development of land for a purpose which is unfamiliar or uncommon in the Islands including such a purpose as primary manufacturing; \u201cstatutory undertakers\u201d means persons authorised by any law to carry on any road transport, water transport, dock, harbour or pier undertakings or any undertaking for the supply of electricity, water, telephonic, telegraphic, sewerage or quarrying services and \u201cstatutory undertaking\u201d has a corresponding meaning; \u201cstrata lot\u201d means a strata lot as defined in the Strata Titles Registration Act (2013 Revision); \u201csubdivision\u201d, in relation to land, means the division of any land other than buildings held under one ownership whether the subdivision is by conveyance, transfer or partition, or for the purpose of sale, gift, lease or any other purpose and \u201csubdivide\u201d has a corresponding meaning; \u201ctemporary development\u201d means \u2014 (a) the carrying out of building, engineering or other operations in, on, over or under any land, including the clearing of land; or (b) the making of any material change in the use of any building or other land, Development and Planning Act (2021 Revision) at any time during a recovery period, for the purpose of the restoration of the Islands following a national disaster; \u201cTribunal\u201d means the Tribunal established under section 46(1); and \u201ctree preservation order\u201d has the meaning assigned to it by section 25(1). (1A) For the purposes of this Act \u2014 (a) carrying out development without the grant of permission required in that behalf under Part III; or (b) failing to comply with any condition or limitation subject to which such permission has been granted, constitutes a breach of planning control. (2) Where, under this Act, the approval or sanction of the Cayman Islands Parliament is required for any matter such approval shall have effect from the date on which the Cayman Islands Parliament signifies approval or sanction thereto. PART I - Central Administration\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Establishment and constitution of Central Planning Authority 3. (1) For the purposes of this Act there is established a body of persons to be called the Central Planning Authority, exercising such functions throughout the Islands as are hereinafter assigned to it. (2) The Authority shall consist of a Chairperson, a Deputy Chairperson and eleven other members (one of whom shall be a member of the Board) appointed by the Cabinet. (3) A Development Control Board is established for the Islands of Cayman Brac and Little Cayman consisting of a Chairperson, a Deputy Chairperson and five other members who shall be appointed by the Cabinet. (4) An executive secretary for each body shall be appointed by the Cabinet. (5) Subject to this section, the constitution and procedure of the Authority and Board shall be in accordance with Schedule 1. (6) Every member of the Authority or Board (not being a Government employee) is entitled to receive out of the Treasury the appropriate sum for attendance at any meeting of the Authority or Board payable quarterly upon the certificate of the Chairperson of either body as to the number of attendances of each member. Development and Planning Act (2021 Revision) 3A. Continuation of Planning Department 3A. There shall continue to be established a department of Government called the Department of Planning which shall be maintained by such monies as shall be paid out of the general revenue of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Appointment of Staff 4. (1) The Governor shall appoint a Director of Planning and such other officers as appear necessary for the proper exercise of the functions of the Authority; and the Director and officers shall be employed in the Department of Planning and shall be responsible for the administration of the Authority and the Board, including preparing their agendas and minutes, and communicating and implementing their decisions. (2) All meetings of the Authority shall be attended by either the Director or a person designated by the Director for the purpose; and the Director shall make to the Authority and the Board such recommendations as may appear to the Director to be necessary for the implementation of this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Duties of Authority 5. (1) It is the duty of the Authority to secure consistency and continuity in the framing and execution of a comprehensive policy approved by the Cabinet with respect to the use and development of the land in the Islands to which this Act applies in accordance with the development plan for the Islands prepared in accordance with Part II or otherwise in operation by reason thereof. (2) All acts of the Authority shall be signified under the hand of the Director or such other officer as the Director may authorise. (3) The Authority may, with the approval of the Cabinet, by written instrument, delegate any of its functions under this Act (other than this power of delegation) to \u2014 (a) the Director; (b) the Deputy Directors; (c) the Director and a member of the Authority; or (d) a Deputy Director and a member of the Authority. (4) Where, under subsection (3)(c) or (d), a function of the Authority is delegated to \u2014 (a) the Director and a member of the Authority; or (b) a Deputy Director and a member of the Authority, that function cannot be exercised except jointly by the Director or a Deputy Director (as the case may be) and that member. Development and Planning Act (2021 Revision) (5) A delegation under subsection (3) is revocable at will and does not prevent the exercise by the Authority of any function so delegated.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Repealed 6. Repealed by section 6 of the Development and Planning (Amendment) Act, 2014 [Law 19 of 2014].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Cooperation with Government departments 7. The Authority or Board, as the case may be, shall, to the greatest possible extent consistent with the performance of its duties under this Act, consult with departments and agencies of the Government having duties or having aims or objects related to those of the Authority or Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Repealed 8. Repealed by section 7 of the Development and Planning (Amendment) Act, 2014 [Law 19 of 2014]. 8A. Immunity 8A. The Authority, the Board, the Department of Planning, the Director or an employee of the Department of Planning shall not be liable in damages for anything done or omitted in the discharge or purported discharge of their respective duties or functions under this Act unless it is shown that the act or omission was in bad faith. PART II - Development Plans\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Preparation of development plans 9. (1) A development plan includes such maps and descriptive matter in the form of a planning statement as may be necessary to illustrate its proposals with such degree of particularity as may be appropriate to different parts of the Islands; and a development plan, may in particular \u2014 (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 use or class specified in the plan; and (c) designate, as public open space \u2014 (i) land allocated by the plan for purposes of any of the functions of the Government or a statutory undertaker or a highway authority; and (ii) other land that, in the opinion of the Government, ought to be subject to acquisition by the Government for the purpose of securing its use in the manner proposed by the plan, Development and Planning Act (2021 Revision) and the Government may acquire such public open space as it deems necessary. (2) A development plan shall not designate any land as land subject to acquisition by the Government if it appears to it that the acquisition is not likely to take place within five years from the date on which the plan is approved. (3) Where any land is designated by a development plan, or amendment of a development plan, as subject to acquisition by the Government, it shall be acquired within one year of the date on which the plan, or the amendment, came into operation; and, if the land is not acquired within that year, any owner of an interest in the land to be acquired may serve on the Government a notice to acquire the land within six months after the service of the notice, or such longer period as may be agreed between the owner and the Government; and, if at the end of that period the land has not been acquired, the land shall be deemed to be designated as provided in the development plan in effect at the time as approved by the Cayman Islands Parliament. (4) Without prejudice to subsection (1), a development plan may make provision for any of the matters set out in Schedule 2. (5) Any other provision of this Act to the contrary notwithstanding, the paper entitled the Planning Statement for the Cayman Islands, 1977 together with its appendices and accompanying map approved by a resolution of the Cayman Islands Parliament on the 28th day of July, 1977 is deemed to be the first development plan of the Islands and to have been prepared and approved in accordance and after full and proper compliance with this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Amendment of development plans 10. (1) At least once in every five years after the date on which a development plan for any area is approved by the Cayman Islands Parliament the Authority shall carry out a fresh survey of that area, and submit to the Cayman Islands Parliament a report of the survey, together with proposals for any alterations or additions to the plan that appear to them to be required having regard thereto. (2) Notwithstanding subsection (1), the Authority \u2014 (a) shall, if at any time so required by the Governor, or by a resolution of the Cayman Islands Parliament; or (b) may, whenever it appears expedient, submit to the Cayman Islands Parliament proposals for alterations or additions to any development plan. Development and Planning Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Approval of development plans 11. (1) The Authority shall, in the course of preparing a development plan relating to any land, or proposals for alterations or additions to any such plan, consult with the Board and any other public authority concerned with the development contemplated in the area concerned and may consult with such other persons or bodies as they think fit, and the Authority shall, before submitting any such plan or proposals for approval by the Cayman Islands Parliament, give to the Board and to any public authority as aforesaid and to any such persons or bodies as aforesaid an opportunity to make objections or representations with regard thereto. (2) Notice shall be published, in a public newspaper circulating in the Islands in two issues in each of two consecutive weeks, that the Authority has prepared in draft any such plan, and of the place or places in each district where copies of such plan or proposals may be inspected by the public. (3)    (a) If any objection or representation with regard to any such plan or proposals is made in writing to the Authority within two months after the publication of the notice referred to in subsection (2), the Minister charged with responsibility for planning shall refer the matter to the Tribunal or a Development Plan Tribunal for an enquiry into all such objections or representations; and the Authority shall, before submitting any such plan or proposals for the approval of the Cayman Islands Parliament, take into consideration the objections or representations together with the report thereon of the Tribunal or a Development Plan Tribunal, as the case may be, and shall include such report with the plan or proposals submitted to the Cayman Islands Parliament. (b) Where the Board objects to any such draft plan or proposals insofar as they relate to land within the limits of Cayman Brac or Little Cayman, the Board may include in its representations to the persons holding such enquiry alternative draft plans or proposals in relation to such land and, in that event, such alternative draft plans or proposals shall be included in the report of the Authority submitted to the Cayman Islands Parliament unless modifications in the development plan submitted by the Authority to the Cayman Islands Parliament take account of such alternative draft plans or proposals to the satisfaction of the Board. (4) If, as a 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 Authority is of the opinion that the Board or any other authority or person ought to be consulted before it decides to make the plan either with or without modifications, or to amend the plan, as the case may be the Authority shall consult that authority or person, but unless otherwise directed by the Cabinet, they shall not be obliged to consult any other authority or person, or to Development and Planning Act (2021 Revision) afford any opportunity for further objections or representations or to cause any further public inquiry to be held.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Deposit of development plans 12. A development plan and any amendment thereof, as approved by the Cayman Islands Parliament, shall be deposited with the Cabinet. PART III - Control of Development of Land\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Provisions for development 13. (1) Subject to this Act or any regulations made under this Act, permission shall be required under this Part for any development of land that is carried out after the 17th day of January, 1972. Except where otherwise provided for by this Act, permission shall not be given which would result in a development at variance with a development plan and in particular in the case of development in Cayman Brac or Little Cayman at variance with the guidelines therefor contained in any such plan. (2) Repealed by section 7 of the Development and Planning (Amendment) Act, 2010 [Law 30 of 2010]. (3) In this Act \u2014 \u201cdevelopment\u201d means the carrying out of building, engineering or other operations in, on, over or under any land, the making of any material change in the use of any building or other land, or the subdivision of any land, except that the following types of developments shall not require planning permission but shall be subject to all other provisions of this Act and any regulations made under this Act, including the Building Code Regulations (2021 Revision), namely \u2014 (a) the carrying out of works for the maintenance, improvement or other alteration of any detached house if the works \u2014 (i) affect only the interior of the house or do not materially affect the external appearance of the house; and (ii) do not constitute or contribute to a material change in the use of the house; (ab) the carrying out of works for the maintenance, improvement or other alteration of any building (other than a detached house) if the works \u2014 (i) affect only the interior of the building or do not materially affect the external appearance of the building; (ii) do not constitute or contribute to a material change in the use of the building; and Development and Planning Act (2021 Revision) (iii) do not contravene any other law, regulation or code; (ac) the construction of a fuel liquefied petroleum gas storage tank not exceeding an aggregate total of one thousand gallons in size; (b) the carrying out by a highway authority of any works required for the maintenance or improvement or widening of a road; (c) the carrying out, with the approval of the Managing Director of the National Roads Authority by any authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, cables or other apparatus, including the breaking open of any street or other land for that purpose; (d) the use of any land for the purpose of agriculture (except living accommodation, grazing, dairy farming, the breeding or keeping of livestock, or the farming of turtles in confinement); (e) the erection or construction of gates, fences, walls or other means of enclosure not being with any setback adjacent to the sea or road, not exceeding four feet in height and not constructed of sheet metal; (f) repealed by section 11(a)(iii) of the Development and Planning (Amendment) Act, 2014 [Law 19 of 2014]. (g) the display of such advertisements as may be specified by the Authority. (4) Repealed by section 11(b) of the Development and Planning (Amendment) Act, 2014 [Law 19 of 2014]. (5) Approval may be given to the subdivision of land into six lots or less subject to compliance with zoning, access and other requirements. (6) Repealed by section 11(d) of the Development and Planning (Amendment) Act, 2014 [Law 19 of 2014]. (7) Repealed by section 11(d) of the Development and Planning (Amendment) Act, 2014 [Law 19 of 2014].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Functions of the Board 14. (1) There is hereby conferred exclusively upon the Board in relation only to Cayman Brac and Little Cayman the functions and powers (which but for this section would be exercisable or enjoyable by the Authority) provided by sections 15 (save subsections (5) and (6)), 17, 18, 19, 20, 25, 28, 29A, 29B, 29C, 29D, 29E, 39, and 42. (2) In the absence of express provision to the contrary, nothing in subsection (1) shall serve, by implication or otherwise, to confer upon the Board any other of the Authority\u2019s functions or powers under this Act. Development and Planning Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Application for planning permission 15. (1) Subject to this section and section 5(1), where application is made to the Authority for outline planning or permission to develop land or permission for a planned area development, the Authority may grant permission either unconditionally or subject to such conditions as it thinks fit, or may refuse permission. (2) Without restricting the generality of subsection (1), conditions may be imposed on the grant of permission to develop land thereunder \u2014 (a) for regulating the development or use of any land under the control of the applicant (being land contiguous to the land that is the subject of the application) and for requiring the carrying out of works on any such land, so far as appears to the Authority to be expedient for the purposes of or in connection with the development authorised by the permission; and (b) for requiring the removal of any building or works authorised by the permission, or the discontinuance of any use of land so authorised, at the expiration of a specific period, and the carrying out of any works required for the reinstatement of land at the expiration of that period, and permission granted subject to any such condition as is mentioned by paragraph (b) is, in this Act, referred to as permission granted for a limited period only. (3) Subject to any specific provision made therein by the Authority, permission granted by the Authority remains effective for five years from the date of its promulgation but where permission is granted for a planned area development or where any part of the approved development is commenced within such time as provided or imposed thereunder, such approval shall vest in perpetuity and enure for the benefit of the land in accordance with section 16(4), unless revoked or modified in accordance with section 17. (4) Where a person makes an application for planning permission to the Authority (other than an application for permission in relation to a detached house, duplex or any temporary development), the person shall provide notice of the application which shall \u2014 (a)  contain an invitation for the person to whom the notice is addressed to inspect \u2014 (i)  the application for planning permission (including the application form, requisite drawings, Land Register and registry extract map) in person at the Department of Planning; or (ii)  the requisite drawings related to an application for planning permission via a website authorised by the Director for such purpose; and Development and Planning Act (2021 Revision) (b)  be served in accordance with any regulations made under this Act, and the Authority shall not consider the application \u2014 (i) in the absence of evidence of the service, or publication in accordance with any regulations made under this Act, as the case may be, of such notice; and (ii) unless twenty-one days have elapsed since the service or publication, as the case may be, of the last of such notice. (4A) Subsection (4) does not authorise any person to obtain copies of any documents or drawings associated with the application for planning permission without the written authorisation of the applicant. (5) Subject to section 48, the decision of the Authority on any application made to them under this section shall be final. (6) Subject to section 49, the decision of the Board on any application to it under this section shall be final.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Supplementary provisions re grants of planning permission 16. (1) The power to grant permission to develop land under this Part shall include power to grant permission for the retention on land of any buildings or works constructed or carried out thereon 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 carry out any development of land, and to applications for such 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 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 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 Development and Planning Act (2021 Revision) 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 this Part.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Revocation and modification of planning permission 17. (1) Subject to this section, if it appears to the Authority that it is expedient, having regard to the development plan and to any other material considerations, that any permission to develop land on an application made in that behalf under this Part should be revoked or modified, it may, by order, revoke or modify the permission to such an extent as appears to it to be expedient as aforesaid. (2) The power conferred by this section to revoke permission to develop land may be exercised \u2014 (a) where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed; or (b) where the permission relates to a change of the use of any land, at any time before the change has taken place and the power conferred by this section to modify permission to develop land may be exercised at any time; but 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 Authority 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 Authority shall pay to that person compensation in respect of that expenditure, loss or damage. (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 matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out that work, but except as aforesaid 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 by reason of any other loss or damage (other than loss or damage by way of depreciation in value of an interest in land) arising out of anything done before the grant of that permission. Development and Planning Act (2021 Revision) (6) Where the permission that is revoked or modified by an order under this section is permission for which compensation would be payable under the repealed Part IV in the circumstances therein mentioned, the repealed sections 31, 34 and 35 shall apply as if for references in the repealed section 31 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 31(1) shall have effect as if for the words \u201cif the permission had been granted or had been granted unconditionally\u201d there were substituted the words \u201cif the permission had not been revoked or had not been modified\u201d. (7) Where by virtue of this section, compensation is payable in respect of expenditure incurred in carrying out any work on land, then if the Authority purchases any interest in that land, or a claim for compensation is made in respect of any such interest under the repealed section 31, any compensation payable in respect of that interest, or as the case may be, any compensation payable in respect of the interest under the repealed section 31 shall be reduced by an amount equal to the value of the works in respect of which compensation is payable under this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Enforcement of planning control 18. (1) If it appears to the Director that any development of land has been carried out after the appointed day without the grant of permission required in that behalf under this Part, or that any conditions subject to which such permission was granted in respect of any development have not been complied with, then the Director may, within five years of such development being carried out, or in the case of non-compliance with a condition, within five years after the date of the alleged failure to comply with it, if the Director considers it expedient so to do having regard to the provisions of the development plan and to any other material considerations, serve on the owner and occupier of the land a notice under this section. (2) Where a prospective purchaser of any land serves notice on the Director that \u2014 (a) that person intends purchasing land described in the notice; and (b) that person is unaware of any development having been carried out on that land without the grant of permission in that behalf, then, unless the Director, within thirty-eight days of the receipt of such notice notifies such prospective purchaser of any development which has been carried out on that land without permission granted in that behalf, then all development thereon at the time of the receipt of such notice by the Director shall, for the purposes of any enforcement notice thereafter issued, be deemed to have been permitted by the Director. Development and Planning Act (2021 Revision) (3) Any notice served under subsection (1) (in this Act called an \u201cenforcement notice\u201d) shall specify the development that is alleged to have been carried out without the grant of such permission as aforesaid or, as the case may be, the matters in respect of which it is alleged that any such conditions as aforesaid have not been complied with, and may require the taking of such steps as may be 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 aforesaid, require the demolition or alteration of any buildings or works, the discontinuance of any use of the land or the carrying out on land of any building or other operations. (4) An enforcement notice requiring the removal, or discontinuance of the display, of an advertisement or sign shall have effect in respect of the whole of the parcel (as defined in the Registered Land Act (2004 Revision)) on which the advertisement or sign is displayed. (5) Except as otherwise provided in this section, an enforcement notice shall take effect at the expiration of such period after the service thereof, as may be specified therein. (6) When, within the period mentioned in subsection (5), an application is made to the Director under this Part for permission \u2014 (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. (7) When within the period mentioned in subsection (5), an appeal is made to the Authority under section 19 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. (8) After the expiry of a period of five days from the date of service of an enforcement notice requiring the removal, or discontinuance of the display, of an advertisement or sign, the Director, or a person authorised by the Director, may remove the advertisement or sign and dispose of it fifteen days after the removal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Appeal against enforcement notice 19. (1) A person having an interest in the land to which an enforcement notice relates may, within fourteen days of service of the notice, appeal to the Authority against the notice, whether or not a copy of it has been served on that person. Development and Planning Act (2021 Revision) (2) An appeal may be brought on the grounds that \u2014 (a) the matters alleged in the enforcement notice do not constitute a breach of planning control; (b) the breach of planning control alleged in the enforcement notice has not taken place; (c) the appellant, being a prospective purchaser of the land to which the enforcement notice relates, had served notice on the Director in accordance with section 18(2) and that the Director has failed to notify the appellant that the development to which the enforcement notice relates had been carried out without permission; (d) the breach of planning control alleged by the enforcement notice occurred on a date earlier than five years before the date on which the notice was served; (e) the steps required by the enforcement notice to be taken exceed what is necessary to remedy any breach of planning control or to achieve a purpose specified in section 18(3); or (f) the period specified in the enforcement notice as the period within which any step is to be taken falls short of what should reasonably be allowed. (3) On any appeal under this section, the Authority \u2014 (a) if satisfied that grounds (a), (b), (c) or (d) of subsection (2) have been proven, shall quash the enforcement notice; (b) if satisfied that a variation of the enforcement notice on grounds (e) or (f) or both of subsection (2) would be appropriate, may vary the notice accordingly; or (c) in any other case, shall dismiss the appeal. (4) Where the enforcement notice is varied or the appeal dismissed, the notice, unless the Authority otherwise directs, shall take effect on the date of determination of the appeal. (5) Repealed by section 16 of the Development and Planning (Amendment) Act, 2014 [Law 19 of 2014]. Development and Planning Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Supplementary provisions as to enforcement 20. (1) If, within the period specified in a enforcement notice, or within such extended period as the Director 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 Director 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 Director in that behalf; and if that person, having been entitled to appeal to the Authority under section 19, has failed to make such an appeal, that person shall not be entitled in proceedings under this subsection to dispute the validity of the action taken by the Director 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 purposes of complying with an enforcement notice served under section 18, in respect of any development and any sums paid by the owner of any land under subsection (1) in respect of the expenses of the Director in taking steps required to be taken by such an enforcement notice, shall be deemed 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 operations thereon, then a person who, without the grant of permission in that behalf under this Part, uses the land or causes or permits to be carried out those operations, in contravention of the enforcement notice, commits an offence and is liable on summary conviction to a fine of five thousand dollars and, in the case of a continuing offence, to a further fine of two 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 served under section 18 had not been carried out. Development and Planning Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Penalties for failure to comply with certain enforcement notices 21. (1) Subject to this section, where an enforcement notice has been served under section 18 on the person who was, when the notice was served on that person, the owner or occupier of the land to which the enforcement notice relates and within the period specified in the enforcement notice, or within such extended period as the Director 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 commits an offence and is liable on summary conviction to a fine of five thousand dollars and, in the case of a continuing offence, to a further fine of one thousand 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 Director may allow for compliance with the notice) ceased to be the owner or occupier of the land, that person shall, upon information duly laid by that person and on giving to the prosecution not less than three days\u2019 clear notice of that person\u2019s intention, be entitled to have the person who then became the owner or occupier of the land joined in the proceedings. (3) If, after it has been proved 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 person joined in the proceedings as aforesaid, that person may be convicted of the offence and if the original defendant further proves that the said original defendant took all reasonable steps to secure compliance with the enforcement notice, the said original defendant shall be acquitted of the offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Continuing operation of enforcement notices 22. (1) Compliance with an enforcement notice may call for \u2014 (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. (2) Without restricting the generality of subsection (1), 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 20(1) and (2) shall apply accordingly. Development and Planning Act (2021 Revision) (3) Without affecting the operation of section 21, 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 commits an offence and is liable on summary conviction to a fine of five thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Stop notice 23. (1) Where in respect of any land the Director \u2014 (a) has served a copy of an enforcement notice requiring a breach of planning control to be remedied; but (b) considers it expedient to prevent before the expiry of the period allowed for compliance with the enforcement notice the carrying on of any activity which is or is included in a matter alleged by the notice to constitute the breach, then, subject to the following provisions of this section, the Director may, at any time before the notice takes effect, serve a notice (in this Act referred to as a \u201cstop notice\u201d) referring to and having annexed to it a copy of the enforcement notice and prohibiting the carrying out of that activity on the land, or on any part of the land specified in the stop notice. (2) A stop notice shall not prohibit \u2014 (a) the use of any building as a dwelling-house; or (b) the taking of any steps specified in the enforcement notice as required to be taken in order to remedy the breach of planning control, and where an activity has been carried out (whether continuously or otherwise) without planning permission on land for a period which commenced more than twelve months before the date on which a stop notice is served, the stop notice shall not prohibit the carrying out of that activity on that land unless it is, or is incidental to, building engineering or other operations. (3) A stop notice shall cease to have effect when \u2014 (a) the enforcement notice is withdrawn or quashed; (b) the period allowed for compliance with the enforcement notice expires; or (c) notice of the withdrawal of the stop notice is first served under subsection (5), and a stop notice shall also cease to have effect if or to the extent that the activities prohibited by it cease, on a variation of the enforcement notice, to be included in the matters alleged by the enforcement notice to constitute a breach of planning control. (4) A stop notice may be served by the Director on any person who appears to the Director to have an interest in the land or to be engaged in any activity prohibited by the notice; and where a stop notice has been served in respect of any land, the Director may display on the land a notice (in this section referred to as a Development and Planning Act (2021 Revision) \u201csite notice\u201d) stating that a stop notice has been served and that any person contravening it may be prosecuted for an offence under this section, giving the date when the stop notice takes effect and indicating its requirements. (5) The Director may, at any time, withdraw a stop notice (without prejudice to the power to serve another) by serving a notice to that effect on the persons served with the stop notice and, if a site notice was displayed in respect of the stop notice, by displaying a notice of the withdrawal in place of the site notice. (6) Subject to subsection (7), a person who contravenes, causes or permits the contravention of a stop notice \u2014 (a) after a site notice has been displayed; or (b) if a site notice has not been displayed, more than two days after the stop notice has been served on that person, commits an offence and is liable on summary conviction to a fine of five thousand dollars, and if the offence is continued after conviction, commits a further offence and is liable on summary conviction to a fine of one thousand dollars for each day on which the offence is continued. (7) In proceedings for an offence under this section it shall be a defence for the accused to prove that the stop notice was not served on the accused and that the accused did not know, and could not reasonably have been expected to know, of its existence. (8) A stop notice shall not be invalid by reason that a copy of the enforcement notice to which it relates was not served as required by section 18(1), if it is shown that the Director took all such steps as were reasonably practicable to effect proper service. (9) Any reference in this section to the period allowed for compliance with an enforcement notice shall be construed in accordance with section 20(1) or 21(1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Repealed 24. Repealed by section 20 of the Development and Planning (Amendment) Act, 2014 [Law 19 of 2014]. 24A. Grant of injunction 24A. (1) Where the Director considers it necessary or expedient for any actual or apprehended breach of planning control to be restrained by injunction, the Director may apply to the Grand Court for an injunction. (2) On an application under subsection (1), the Grand Court may grant such an injunction as the Court thinks appropriate for the purpose of restraining the breach. Development and Planning Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Preservation of trees and woodlands 25. (1) If it appears to the Authority that it is expedient in the interests of amenity to make provision for the preservation of any tree, trees or woodlands in any area, it 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 \u2014 (a) for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping or wilful destruction of trees except with the consent of the Authority which may be given subject to conditions; (b) for securing the replanting, in such a 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; and (d) for the payment by the Authority, 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 the grant of any such consent subject to conditions. (2) Provision may be made by regulations 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 \u2014 (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 Authority; 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 Authority that any tree preservation order should take effect immediately, they 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 Development and Planning Act (2021 Revision) 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 in compliance with any obligation imposed by or under any law or so far as may be necessary for the prevention or abatement of a nuisance. (5) A person who contravenes a tree preservation order, commits an offence and is liable on summary conviction to a fine of four hundred dollars and in the case of a continuing offence, to a further fine of twenty dollars for every day after the first day during which the contravention is so continued.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Mangrove buffer 26. Mangrove buffer as indicated on a development plan shall not be the subject of development or clearance other than by persons authorised in that behalf by the Authority and to the extent and in the manner, if any, directed by them.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Repealed 27. Repealed by section 9 of the Development and Planning (Amendment) Act, 2010 [Law 30 of 2010].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Taking ballast from shoreline an offence 28. (1) Without prejudice to this or any other law, a person who, without the express permission of the Authority, given in writing takes or removes any sand, gravel, pebbles, stone, coral or other filling from any area between mean high water mark and five hundred feet inland thereof, or from any land covered by water, commits an offence and is liable on summary conviction to a fine of five hundred dollars and to imprisonment for three months in respect of each separate taking or removal, and a person who aids or abets any person in the commission of such offence shall, on summary conviction, be punishable in the same manner as the principal offender: Provided that nothing in this subsection shall apply to the taking or removal for domestic purposes by any person of any of the substances hereinbefore referred to in a quantity not exceeding one cubic yard in any one month. (2) A person who, in any area or land referred to in subsection (1), is found by any constable in possession or control of sand, gravel, pebbles, stone, coral or other filling loaded or being loaded in or being unloaded from any vehicle shall be deemed to have contravened subsection (1) until the person proves the contrary.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Application of Part III to development in Cayman Brac and Little Cayman 29. For the avoidance of doubt it is hereby declared that this Part shall apply to the development of land in Cayman Brac and Little Cayman irrespective of whether any of the functions of the Authority under this Part have been delegated to the Board. Development and Planning Act (2021 Revision) PART IIIA-Land Adversely Affecting Amenity of Neighbourhood 29A. Power to require proper maintenance of land 29A. (1) If it appears to the Authority that the amenity of an area is adversely affected or seriously injured by reason of the ruinous, dilapidated or other condition of any building, structure, fence or wall, or by the condition of land due to the deposit of refuse, spoil or derelict vehicles or equipment, or the occupation of land or a road for purposes of the repair of vehicles or equipment, it may serve a notice under this section on \u2014 (a) the owner or occupier of the land or building; or (b) the person responsible for causing the condition of the land or building. (2) The notice shall require such steps for remedying the condition of the land or building as may be specified in the notice to be taken within such period as may be so specified. (3) Subject to the following provisions of this Part, the notice shall take effect at the end of such period as may be specified in the notice. 29B. Penalty for non-compliance with notice under section 29A 29B. (1) The provisions of this section shall have effect where a notice has been served under section 29A. (2) If any owner or occupier of the land or building on whom the notice was served fails to take steps required by the notice within the period specified in it for compliance with it, that owner or occupier commits an offence and is liable on summary conviction to a fine of \u2014 (a) five thousand dollars per day from the date that the notice takes effect in accordance with section 29A(3) in relation to land or a building in a zone other than a Hotel\/Tourism zone or a Commercial zone as defined in the Development and Planning Regulations (2021 Revision); or (b) twenty-five thousand dollars per day from the date that the notice takes effect in accordance with section 29A(3) in relation to land or a building in a Hotel\/Tourism zone or a Commercial zone as so defined, and, in default of the payment of the fine, to imprisonment for a term of six months. (3) Where proceedings have been brought under subsection (2) against a person as the owner of the land or building and that owner has, at some time before the end of the compliance period, ceased to be the owner of the land or building, if that previous owner \u2014 (a) duly lays information to that effect; and Development and Planning Act (2021 Revision) (b) gives the prosecution not less than three clear days\u2019 notice of that owner\u2019s intention, that previous owner shall be entitled to have the person who then became the owner of the land or building brought before the court in the proceedings. (4) Where proceedings have been brought under subsection (2) against a person as the occupier of the land or building and that person has, at some time before the end of the compliance period, ceased to be the occupier of the land or building, if that person \u2014 (a) duly lays information to that effect; and (b) gives the prosecution not less than three clear days\u2019 notice of that person\u2019s intention, that person shall be entitled to have brought before the court in the proceedings the person who then became the occupier of the land or building or, if nobody then became the occupier, the person who is the owner at the date of the notice. (5) Where in such proceedings \u2014 (a) it has been proved that any steps required by the notice under section 29A have not been taken within the compliance period; and (b) the original defendant proves that the failure to take those steps was attributable, in whole or in part, to the default of a person specified in the notice under subsection (3) or (4), then \u2014 (i) that person may be convicted of the offence; and (ii) if the original defendant also proves that that original defendant took all reasonable steps to ensure compliance with the notice, that original defendant shall be acquitted of the offence. (6) If, after a person has been convicted under the previous provisions of this section, that person does not as soon as practicable do everything in that person\u2019s power to secure compliance with the notice, that person commits a further offence and is liable on summary conviction to a fine of \u2014 (a) one hundred dollars for each day following that person\u2019s first conviction on which any of the requirements of the notice remain unfulfilled, in relation to land or a building in a zone other than a Hotel\/Tourism zone or a Commercial zone as defined in the Development and Planning Regulations (2021 Revision); or (b) two thousand dollars for each day following that person\u2019s  first conviction on which any of the requirements of the notice remains unfulfilled in relation to land or a building in a Hotel\/Tourism zone or a Commercial zone as so defined, Development and Planning Act (2021 Revision) and, in default of the payment of the fine, to imprisonment for a term of three months. (7) Any reference in this section to the compliance period, in relation to a notice, is a reference to the period specified in the notice for compliance with it. 29C. Appeal to summary court against notice under section 29A 29C. (1) A person on whom a notice under section 29A is served, or any other person having an interest in the land to which the notice relates, may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal against the notice on any of the following grounds \u2014 (a) that the condition of the land or building to which the notice relates does not adversely affect the amenity of the area; (b) that the condition of the land or building to which the notice relates is attributable to, and is such as results in the ordinary course of events from, the carrying on of operations or a use of land which is not in contravention of Part III; (c) that the requirements of the notice exceed what is necessary for preventing the condition of the land or building from adversely affecting the amenity of the area; and (d) that the period specified in the notice as the period within which any steps required by the notice are to be taken falls short of what should reasonably be allowed. (2) An appeal under this section shall be made to a court of summary jurisdiction. (3) Where such an appeal is brought, the notice to which it relates shall be suspended and shall not take effect pending the final determination or withdrawal of the appeal. (4) On such an appeal, the court may correct any informality, defect or error in the notice if satisfied that the informality, defect or error is not material. (5) On the determination of such an appeal the court shall give directions for giving effect to its determination, including, where appropriate, directions for quashing the notice or for varying the terms of the notice in favour of the appellant. (6) Where the notice is varied or the appeal dismissed or withdrawn by the appellant, the notice, unless the court directs otherwise, shall take effect on the date of determination of the appeal. (7) Where any person has appealed to a court under this section against a notice, neither that person nor any other shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed. Development and Planning Act (2021 Revision) 29D. Appeal to Grand Court 29D. Where an appeal has been brought under section 29C, an appeal against the decision of the court of summary jurisdiction on that appeal may be brought to the Grand Court by the appellant or by the Authority. 29E. Execution and cost of works required by notice under section 29A 29E. (1) If, within the period specified in a notice under section 29A in accordance with subsection (2) of that section, any steps required by the notice to be taken have not been taken, the Authority may \u2014 (a) enter the land or building and take those steps; and (b) recover from the person who is then the owner of the land or building any expenses reasonably incurred by the Authority in doing so. (2) Where a notice has been served under section 29A \u2014 (a) any expenses incurred by the owner or occupier of any land or building for the purpose of complying with the notice; and (b) any sums paid by the owner of any land or building under subsection (1) in respect of expenses incurred by the Authority in taking steps required by such a notice, shall be deemed to be incurred or paid for the use and at the request of the person who caused or permitted the land or building to come to be in the condition in which it was when the notice was served. (3) Where by virtue of this section any expenses are recoverable by the Authority, those expenses shall be recoverable as a simple contract debt in any court of competent jurisdiction, or there may be the imposition of a caution or restriction on the property in accordance with Part VIII of the Registered Land Act (2004 Revision). PART IV-Repealed\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Repealed 30. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016 [Law 44 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Repealed 31. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016 [Law 44 of 2016]. Development and Planning Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Repealed 32. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016 [Law 44 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Repealed 33. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016 [Law 44 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Repealed 34. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016 [Law 44 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Repealed 35. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016 [Law 44 of 2016]. PART V-Acquisition and Disposal of Land for Planning Purposes\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Acquisition of land 36. (1) Where any land is designated in a development plan made under Part II as subject to acquisition by the Authority or may otherwise be acquired by the Authority under this Act then the Authority may notify the Cabinet of its intention so to acquire such land and thereupon the Cabinet may proceed to acquire such land pursuant to the Land Acquisition Act (1995 Revision) as land needed for a public purpose. (2) Any land acquired by the Cabinet at the instance of the Authority pursuant to this section shall be held by the Cabinet or transferred to any other person, in pursuance of this Act. (3) Nothing in this section shall be deemed to prevent the acquisition by agreement of any land mentioned in subsection (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Amendment of section 21 of the Land Acquisition Act (1995 Revision) for the purpose of this Act 37. For the purposes of determination of compensation for the compulsory acquisition of land under this Act, the Land Acquisition Act (1995 Revision) shall be construed as if there were substituted for paragraph (a) of section 21 the following \u2014 \u201c(a) the amount which the land might have been expected to realise if, in the condition in which it was at the date of notification of intention of appropriation, either in a development plan or Development and Planning Act (2021 Revision) otherwise, it had been sold in the open market by a willing seller at a date not less than twelve months prior to that date..\u201d PART VI-Repealed\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Repealed 38. Repealed by section 26 of the Development and Planning (Amendment) Act, 2014 [Law 19 of 2014]. PART VII-Supplemental\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Powers of entry 39. (1) Any person duly authorised in writing by the Authority may, at any reasonable time, enter upon any land \u2014 (a) for the purpose of examining it to determine if there has been any contravention of Part III; (b) to determine whether any of the powers conferred on the Authority or the Board should be exercised in relation to any land and, if so, the manner in which such power should be exercised; (c) to ascertain whether there has been compliance with any requirement imposed as a result of the exercise of any such power in relation to any land; or (d) for the purpose of surveying it or estimating its value in connection with \u2014 (i) 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; (ii) 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; (iii) any proposal by the Authority to serve or make any notice or order under Part III or under any such order or regulations as aforesaid; or (iv) any claim for compensation payable by the Authority under this Act. (1A) A person authorised under this section to enter upon any land has, for the purpose of performing that person\u2019s duties under this Act, all the powers, privileges and immunities of a constable. (2) A person authorised under this section to enter upon any land shall, if so required, produce evidence of that person\u2019s authority before so entering, and Development and Planning Act (2021 Revision) 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) A person who wilfully obstructs or fails to comply with a lawful instruction issued by a person acting in the exercise of that person\u2019s powers under this section commits an offence and is liable on summary conviction to a fine of one hundred dollars. (4) Where the 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 Authority by any person interested in the land. (5) 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. (6) A person shall not carry out any works authorised by subsection (5) unless notice of that person\u2019s intention so to do has been included in the notice required by subsection (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Service of notices 40. (1) Subject to this section, any notice or other document required or authorised to be served or given under this Act, or under any regulation, order, direction or instrument in writing under this Act may be served or given either \u2014 (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 the 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 or by certified mail addressed to that person at that person\u2019s usual or last known place of abode, or in any case in which an address for service has been furnished by that person, at that address; (d) by sending it in a prepaid registered letter or by certified mail addressed to that person at that person\u2019s address as stated in the Land Register; or (e) by sending it via facsimile or electronic mail, but a notice required to be served on any person pursuant to section 15(4) shall be served by sending it in a prepaid registered letter or by certified mail addressed to that person at that person\u2019s address as stated in the Land Register. (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 Development and Planning Act (2021 Revision) or authorised to be served on any person as an occupier of premises the notice shall be deemed to be duly served if \u2014 (a) being addressed to the person either by name or by the description of \u201cthe owner\u201d or \u201cthe occupier\u201d, as the case may be, of the premises (describing them) it is delivered or sent in the manner prescribed by paragraph (a), (b), (c) or (d) of subsection (1); or (b) being addressed as aforesaid and marked in such a manner that is plainly identifiable as a communication of importance, it is sent in a prepaid registered letter or by certified mail 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, or in the case of an enforcement notice requiring the removal, or discontinuance of the display, of an advertisement or sign, 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 that person) if it is addressed to \u201cthe owners and any occupiers\u201d of that part of the land (describing it), and is affixed conspicuously to some object on the land. (4)  For the purposes of this section, \u201ccertified mail\u201d means mail delivered by a postal or courier service by which the person who delivers the mail obtains the signature of the recipient of the mail on a form as proof of delivery to the specified addressee and if the addressee is not found the mail is returned to the sender.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Powers to require information 41. The Authority may, for the purpose of enabling it to make any order or serve any notice or other document that they are by this 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 that person\u2019s interest therein, and the name and address of any other person known to that person as having an interest therein, whether as freeholder, mortgagee, lessee or otherwise; and a person who, having been required in pursuance of this section to give information, fails to give that information or knowingly makes any misstatement in respect thereof, commits an offence and is liable on summary conviction to a fine of five hundred dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Regulations 42. (1) The Cabinet may make regulations for the better carrying out of this Act and for giving effect thereto and in particular \u2014 Development and Planning Act (2021 Revision) (a) for prescribing the form of any notice, order or other document or thing authorised or required by this Act to be served made, issued or done; (b) for any purpose for which regulations are authorised or required to be made under this Act and for prescribing anything that by this Act is required or authorised to be prescribed by regulations; (c) for securing with respect to the constructing of buildings (including the materials used and design) that specified standards are observed (including a building code); and for securing the installation of suitable and adequate drains and drainage systems in connection with the buildings; (d) in relation to the construction of buildings for securing the proper access of air and light to buildings and parts of buildings and for prescribing the minimum dimensions of rooms in buildings; (e) for empowering such authorities or persons as may be specified in the regulations to administer or execute the regulations and to make orders, impose requirements or give directions for the purposes of the regulations; (f) for empowering such authorities or persons as may be specified in the regulations to take measures, including the entry and inspection of any land or building and the carrying out of works, to secure compliance with the regulations or any order, requirement or direction made, imposed or given thereunder; and for enabling such authorities or persons to recover expenses incurred by them in the exercise of any such power; (g) without prejudice to any other provision of this Act, for prescribing fees, tariffs or charges for any service provided under this Act; (h) for the review of decisions given under the regulations; (i) in amplification of any of the matters specified in Schedule 2; (j) for the public notification of applications for development the grant of which may injure neighbouring landowners, the right of objection of such landowners to the decision of the Authority or Board and the right of appeal of objectors; and (k) for the payment of interest and for grant of relief from taxes in any case where there is an unreasonable delay in an acquisition by the Authority, and for the grant of relief in cases where the application of this Act relating to compensation operates inequitably. (2) Any regulations made under this Act may be made so as to apply generally or in relation to any particular area specified in the regulations. (3) No regulations shall be made pursuant to this Act unless a draft thereof has been laid before the Cayman Islands Parliament and a resolution approving the draft has been passed by the Cayman Islands Parliament. Development and Planning Act (2021 Revision) (4) Any regulation made under this Act may provide for the imposition of a fine of five thousand dollars and imprisonment for six months for any contravention of, or failure to comply with, such regulation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Development Plan Tribunals 43. (1) For the purposes of enquiries under section 11(3) there may be established such one or more Development Plan Tribunals as the Cabinet may determine. (2) A Development Plan Tribunal shall consist of a chairperson, a deputy chairperson (who in the temporary absence or inability to act of the chairperson shall act as chairperson) and such other members not exceeding three in number, all of whom shall be appointed by, and hold office at the pleasure of the Cabinet. (3) Three members of the Development Plan Tribunal Board shall form a quorum. (4) Members of the Development Plan Tribunal shall be entitled to be paid out of the Treasury subsistence and travelling allowances at the same rates as those paid to members of the Tribunal. (5) A Development Plan Tribunal and its members shall \u2014 (a) have the same duties; (b) enjoy the same powers, privileges and immunities; and (c) follow the same procedures and rules as the Tribunal and its members.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Application to land regulated by special enactments 44. For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers thereby imposed or conferred in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any law or statutory instrument in force on the 17th day of January, 1972 for authorising or regulating any development of the land.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Unfinished buildings 45. (1) Subject to this section, where any works for the erection or alteration of a building have been begun but not completed before the appointed day, then if any permission required under the former Law (The now repealed Land Development (Interim Control) Law, 1969 [Law 2 of 1969]) for the carrying out of these works has been granted, planning permission shall by virtue of this section be deemed to have been granted under Part III in respect of the completion of those works. (2) The permission deemed to have been granted by virtue of this section shall be deemed to have been so granted subject to any conditions imposed by the permission granted under the former Law 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. Development and Planning Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Tribunal 46. (1) For the purposes of this Act there is established a Tribunal which shall consist of \u2014 (a) a Chairperson; (b) no more than seven Deputy Chairpersons; and (c) seven other members, all of whom shall be appointed by and hold office at the pleasure of the Cabinet. (2) In the temporary absence or inability to act of the Chairperson, any Deputy Chairperson may act as Chairperson and exercise all the powers and functions of the Chairperson. (3) Three members of the Tribunal shall form a quorum. (4) Members of the Tribunal shall be entitled to be paid out of the Treasury subsistence and travelling allowances at a rate equivalent to the agreed rate paid to members of the Cayman Islands Parliament.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Cayman Brac and Little Cayman Appeals Tribunal 47. (1) For the purposes of this Act, there is hereby established for Cayman Brac and Little Cayman an Appeals Tribunal which shall consist of a Chairperson and five other members appointed by and holding office at the pleasure of the Cabinet and the Chairperson shall be a person holding the office of Magistrate and the members shall be persons for the time being resident in Cayman Brac or Little Cayman. (2) The Chairperson and any two other members of the Appeals Tribunal shall form a quorum. (3) Members of the Appeals Tribunal (other than the Chairperson) shall be entitled to be paid out of the Treasury subsistence and travelling allowances at a rate equivalent to the agreed rate paid to members of the Cayman Islands Parliament.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Appeals against decisions of Authority 48. (1)  Any person who has applied for planning permission, or who has objected to an application for planning permission after being notified of the application in accordance with regulations made under this Act, and who is aggrieved by a decision of the Authority in respect of the application, may, within fourteen days of notification of that decision under section 40, or within such longer period as the Tribunal may in any particular case allow for good cause, appeal against that decision to the Tribunal on the ground that it is \u2014 (a) erroneous in law; (b) unreasonable; (c) contrary to the principles of natural justice; or Development and Planning Act (2021 Revision) (d) at variance with any development plan having effect in relation thereto, but not otherwise; and such appeal shall be heard by the Tribunal within six months of such appeal being lodged, and such appeal shall be heard and determined based on the record of the hearing to which it relates in accordance with any rules made hereunder. (2) After hearing an appeal hereunder, the Tribunal may confirm, reverse or modify any decision of the Authority or may in appropriate circumstances remit the matter to the Authority with or without directions as to rehearing the matter, and may make such order (including any order for costs) as it thinks just and where the Tribunal finds that an appeal has been made which is frivolous and vexatious, the Tribunal may award costs on an indemnity basis against the appellant. (3) In the event of the Tribunal being equally divided in the matter of any decision the Chairperson shall have a second or casting vote. (4) Any person aggrieved by a decision of the Tribunal under subsection (2) may, within fourteen days, appeal against that decision to the Grand Court on the ground that it is \u2014 (a) erroneous in law; (b) unreasonable; (c) contrary to the principles of natural justice; or (d) at variance with a development plan having effect in relation thereto, but not otherwise. (5) After hearing the parties to an appeal under subsection (4), the Grand Court may confirm, reverse or modify any decision of the Tribunal. (6) The Chief Justice shall make rules for the better carrying out of this section, for the procedure and forms to be used for the admission of evidence and fees to be paid on any appeal under this Act. (7) Any person aggrieved by a decision of the Grand Court under subsection (5) may, within fourteen days, appeal against that decision to the Court of Appeal on a point of law, and the decision of the Court of Appeal shall be final and binding upon the parties affected thereby. Development and Planning Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Appeals against decisions of Board 49. (1) Any person who has applied for planning permission, or who has objected to an application for planning permission after being notified of the application in accordance with regulations made under this Act, and who is aggrieved by a decision of the Board in respect of the application, may, within fourteen days of notification of that decision under section 40, or within such longer period as the Appeals Tribunal may in any particular case allow for good cause, appeal against that decision to the Appeals Tribunal on the ground that it is \u2014 (a) erroneous in law; (b) unreasonable; (c) contrary to the principles of natural justice; or (d) at variance with any development plan having effect in relation thereto, but not otherwise; and such appeal shall be heard by the Appeals Tribunal within six months of such appeal being lodged, and such appeal shall be heard and determined based on the record of the hearing to which it relates in accordance with any rules made hereunder. (2) Section 48(2), (4), (5), (6) and (7) shall apply to appeals under this section as if references in that section to \u201cthe Tribunal\u201d were references to the Appeals Tribunal. (3) The Chairperson of the Appeals Tribunal shall not have an original vote but in the event of the other members of the Tribunal being equally divided the Chairperson of the Appeals Tribunal shall have a casting vote.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Annual report 50. The Authority shall, during the month of March in every year, submit a report to the Cabinet for the information of the Cayman Islands Parliament containing an account of the Authority\u2019s activities during the twelve months ending on the 31st December immediately preceding the date of the report.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Saving of existing laws 51. (1) Subject to subsection (2), nothing in this Act shall derogate from the \u2014 (a) Animals Act (2015 Revision); (aa) Electricity Act (2008 Revision); (ab) Electricity Sector Regulation Act (2019 Revision); (b) Governor (Vesting of Lands) Act (2005 Revision); (c) Hotels Aid Act (1995 Revision); (d) Land Acquisition Act (1995 Revision); (da) National Conservation Act [Law 24 of 2013]; (e) Minerals (Vesting) Act (1998 Revision); Development and Planning Act (2021 Revision) (f) Mining Act (1997 Revision); (g) Mosquito (Research and Control) Act (2007 Revision); (h) Petroleum Act (1998 Revision); (i) Public Health Act (2021 Revision); and (j) Roads Act (2005 Revision). (2) Where, but for subsection (1), the exercise of any power under any of the enactments specified under that subsection would contravene any development plan or require planning permission under Part III, then such power shall be exercised in consultation with the Authority and, in the event of any dispute between the Authority empowered to exercise such power and the Authority, the dispute shall be referred to the Cabinet for determination.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Financial provision 52. Subject to the appropriation by the Cayman Islands Parliament of the requisite funds, the cost of the administration and giving effect to this Act shall be a charge on the Treasury.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Application 53. (1) This Act binds the Crown but where the Cabinet decides that the public interest requires, the Cabinet may, by Order published in the Gazette, waive the requirement to obtain permission pursuant to section 13; but nothing in this subsection shall be construed so as to allow the Cabinet to waive any other requirement of this Act or any regulations made under this Act. (2) The Cabinet may, in any particular case, waive or order the refund of any fee prescribed in Schedule 1 to the Development and Planning Regulations (2021 Revision); but nothing in this subsection shall be construed so as to allow the Cabinet to waive or order the refund of any other fee prescribed by this Act or any regulations made under this Act. (3) The Cabinet may, by written instrument, delegate any of its powers under subsection (2) to a Minister; but a delegation under this subsection is revocable at will and does not prevent the exercise by the Cabinet of any power so delegated. (4) In subsection (3), \u201cMinister\u201d means a member of the Cabinet who is appointed under the Cayman Islands Constitution Order 2009, U.K.S.I. 2009 No. 1379, as the Premier or other Minister.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"General penalty 54. A person who contravenes any provision of this Act for which no penalty is elsewhere prescribed commits an offence and is liable on summary conviction to a fine of five thousand dollars and to imprisonment for one year. Development and Planning Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Transitional provisions 55. (1) Every application for permission to develop land made under the former Law and wholly or partly dealt with by the Authority or Board as at the 30th July, 2002, is to be continued and dealt with in all respects as if the new Law had not come into force. (2) Permission to develop land, granted as a result of an application determined under subsection (1), is to be granted on the same terms and conditions that would have applied if the new Law had not come into force. (3) In the case of an appeal against \u2014 (a) any decision of the Authority or the Board; or (b) any decision or order of the Tribunal or the Appeals Tribunal, that has been commenced but not finally determined before the new Law comes into force, the appeal is to continue to be dealt with as if the new Law had not come into force; and when the appeal is finally determined, the former Law is to apply subject to any necessary modifications as if the appeal had been finally determined before the new Law came into force. (4) Any permission to develop land, granted under the former Law and in force immediately before the date of commencement of the Development and Planning (Amendment) Act, 2014 (Law 19 of 2014) \u2014 (a) shall have effect from that date, as if granted under the new Law; and (b) in the case of permission granted for a limited period only, shall remain in force, subject to the provisions of the new Law, for so much of that period as falls after that date. (5) In this section \u2014 \u201cAppeals Tribunal\u201d, \u201cAuthority\u201d, \u201cBoard\u201d and \u201cTribunal\u201d have the respective meanings assigned to those expressions by section 2(1) of the principal Act; \u201cformer Law\u201d means the Act in force immediately before the date of commencement of the Development and Planning (Amendment) Act , 2014 [Law 19 of 2014]; \u201cnew Law\u201d means the principal Act as amended by the Development and Planning (Amendment) Act, 2014 [Law 19 of 2014]; and \u201cpermission granted for a limited period only\u201d has the meaning assigned to that expression by section 15(2) of the principal Act. Development and Planning Act (2021 Revision) SCHEDULE 1 SCHEDULE 1 CONSTITUTION AND PROCEDURE OF AUTHORITY AND BOARD (section 3 (5)) 1. A member of the Authority or Board shall, subject to this Schedule, hold office for a period not exceeding two years but such member shall be eligible for re-appointment. 2. The Cabinet may appoint any person to act temporarily in the place of the Chairperson, Deputy Chairperson or a member of the Authority or Board in the case of the absence or inability to act of the Chairperson, Deputy Chairperson or of such member, as the case may be. 3. The Chairperson, Deputy Chairperson or any member may, at any time, resign that member\u2019s office by instrument in writing addressed to the Cabinet and such resignation shall take effect as from the date of receipt of such instrument by the Cabinet. 4. The Cabinet may, at any time, revoke the appointment of any member, including the Chairperson or the Deputy Chairperson. 5. The Authority or Board 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 Chairperson may determine. 6. If the Chairperson is absent from a meeting the other members present at the meeting shall elect one of their number to preside thereat as Chairperson. 7. The quorum of the Authority shall consist of five members and the quorum of the Board of three members. 8. The decisions of the Authority or Board shall be by a majority of votes of members present and voting and, in addition to an original vote, the Chairperson shall have a second or casting vote in any case in which the voting is equal. 9. Minutes in proper form of each meeting shall be kept by the secretary and shall be confirmed by the Chairperson as soon as practicable at a subsequent meeting. 10. Subject to this Schedule the Authority and Board shall have power to regulate their own proceedings. 11. The validity of any proceedings of the Authority or Board shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof. 12. The Authority and Board shall have the power to co-opt any person whom it considers able to assist it in its deliberations and, in that event, any person so co-opted shall be deemed to be a member for so long as the person is co-opted save that such person shall have no vote and shall not be counted for the purposes of constituting a quorum. SCHEDULE 1 Development and Planning Act (2021 Revision) 13. In this Schedule \u2014 \u201cChairperson\u201d includes a person appointed or elected as the case may be to act temporarily in place of the Chairperson appointed by the Cabinet. Development and Planning Act (2021 Revision) SCHEDULE 2 SCHEDULE 2 MATTERS FOR WHICH PROVISION MAY BE MADE IN DEVELOPMENT PLANS (section 9(4)) PART I-Roads 1. Reservation of land for roads and establishment of rights of way. 2. Closing or diversion of existing roads and 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 \u2014 (a) the size and height and bulk of buildings; (b) building lines, site coverage and the space about buildings and on site parking; (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; and (e) the prohibition of building or other operations on any land, or regulating such operations. 2. Regulating and controlling the design and materials of buildings and fences, boundary walls and sea walls. 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 over, on, in or under any area. SCHEDULE 2 Development and Planning Act (2021 Revision) PART III-Community Planning 1. Providing for the control of land by zoning or designating it for specific uses. 2. Regulating the lay-out of housing areas including density, site coverage, subdivisions, spacing, grouping and orientation of houses in relation to roads, open spaces and other buildings. 3. Determining the provision and site of community facilities including shops, schools, churches, meeting halls, play centres and recreation grounds in relation to the number and site of houses. PART IV-Amenities 1. Allocation of land as open spaces whether public or private. 2. Allocation of land for burial grounds and crematoria. 3. Allocation of land \u2014 (a) for communal parks; (b) for bird sanctuaries; (c) for the protection of marine life. 4. Preservation of buildings, reefs, sites and objects of artistic, architectural, archaeological or historical interest. 5. Preservation or protection of woods, trees, shrubs, plants and flowers. 6. Prohibiting, restricting and controlling, either generally or in particular places, the exhibition, whether on the ground, or 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, boundary wall, sea wall, 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 ponds, gullies and the sea shore. PART V-Public Services Facilitating the establishment, extension or improvement of works by highway authorities, statutory or other undertakers in relation to power, lighting, roads, water supply, sewerage, drainage, sewage disposal, refuse disposal and other public services. Development and Planning Act (2021 Revision) SCHEDULE 2 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 Authority with the Board or with owners and other persons, and by the Board with such persons and by such persons with one another. 2. Providing for subdivision of land and in particular \u2014 (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 of this Schedule or for any other purposes referred to in this Schedule for which land may be allocated; and (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; and (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 \u2014 (a) adjusting and altering the boundaries and areas controlled by the Board; and (b) effecting such exchanges of land or cancellation of existing subdivision plans as may be necessary or convenient for the purposes aforesaid. SCHEDULE 2 Development and Planning Act (2021 Revision) Publication in consolidated and revised form authorised by the Cabinet this 5th day of January, 2021. Kim Bullings Clerk of Cabinet Development and Planning Act (2021 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Law # Legislation Commencement Gazette 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 50\/2020 Development and Planning (Amendment) Law, 2020 12-Nov-2020 LG84\/2020\/s2 Development and Planning Law (2017 Revision) 31-May-2017 GE45\/2017\/s9 44\/2016 Development and Planning (Amendment) Law, 2016 5-Dec-2016 G26\/2016\/s4 Development and Planning Law (2015 Revision) 17-Jul-2015 GE53\/2015\/s7 69\/2014 Development and Planning (Amendment) Law, 2014 (Commencement) Order, 2014 19-Dec-2014 GE96\/2014\/s1 65\/2014 Development and Planning (Amendment) Law, 2014 (Commencement of section 29) Order, 2014 24-Nov-2014 GE88\/2014\/s1 19\/2014 Development and Planning (Amendment) Law, 2014 24-Nov-2014 GE87\/2014\/s2 Development and Planning Law (2011 Revision) 24-Oct-2011 G22\/2011\/s10 30\/2010 Development and Planning (Amendment) Law, 2010 16-Aug-2010 G17\/2010\/s1 Development and Planning Law (2008 Revision) 9-Jun-2008 G12\/2008\/s5 16\/2006 Development and Planning (Amendment) Law, 2006 1-Jul-2006 GE14\/2006\/s8 Development and Planning Law (2005 Revision) 25-Jul-2005 G15\/2005\/s5 4\/2005 Development and Planning (Amendment) (No. 2) Law, 2005 4-Apr-2005 G7\/2005\/s4 3\/2005 Development and Planning (Amendment) Law, 2005 4-Apr-2005 G7\/2005\/s3 8\/2004 Development and Planning (Amendment) (Temporary Provisions) Law, 2004 22-Jan-2004 G9\/2004\/s9 31\/2003 Development and Planning (Amendment) (No. 2) Law, 2003 9-Jan-2004 GE2\/2003\/s1 7\/2003 Development and Planning (Amendment) Law, 2003 14-Nov-2001 GE28\/2001\/s4 Development and Planning Law (2003 Revision) 25-Aug-2003 G17\/2003\/s2 The Cayman Islands Constitution (Amendment) Order 2003 Commencement by Proclamation \u2013 No. 3 of 2003 26-Jun-2003 GE20\/2003\/p2 The Cayman Islands (Constitution) (Amendment) Order 2003 (U.K.S.I 1515\/2003) 26-Jun-2003 GE20\/2003\/s2 19\/2002 Development and Planning (Amendment) (No. 3) Law, 2002 10-Feb-2003 G3\/2003\/s2 11\/2002 Development and Planning (Amendment) (No. 2) Law, 2002 30-Jul-2002 GE26\/2002\/s3 10\/2002 Development and Planning (Amendment) Law, 2002 30-Jul-2002 GE26\/2002\/s2 33\/2001 Development and Planning (Amendment) (Temporary Provisions) Law, 2001 3-Dec-2001 GE28\/2001\/s4 11\/2001 Development and Planning (Amendment) (Infrastructure Fund) Law, 2001 1-Jun-2001 GE11\/2001\/s15 ENDNOTES Development and Planning Act (2021 Revision) SL # Law # Legislation Commencement Gazette Development and Planning Law (1999 Revision) 21-Jun-1999 G13\/1999\/s3 25\/1997 Development and Planning (Amendment) (Developments Advising Board) Law, 1997 3-Aug-1998 G16\/1998\/s3 Development and Planning Law (1998 Revision) 17- Aug-1998 G17\/1998\/s2 29\/1997 Development and Planning (Amendment) (Advertisement Control) Law, 1997 16-Mar-1998 G6\/1998\/s17 12\/1997 Development and Planning (Amendment) Law, 1997 15-Sep-1997 G19\/1997\/s10 18\/1996 Development and Planning (Amendment) (Appeal Tribunal) Law, 1996 25-Nov-1996 G24\/1996\/s3 4\/1995 Development and Planning (Amendment) Law, 1995 7-Aug-1995 G16\/1995\/s3 Development and Planning Law (1995 Revision) 24-Jul-1995 G15\/1995\/s2 6\/1993 Development and Planning (Amendment) Law, 1993 26-Jul-1995 G15\/1993\/s2 9\/1991 Development and Planning (Amendment) Law, 1991 6-May-1991 G9\/1991\/s11 20\/1990 Miscellaneous Laws (Amendment) Law, 1990 22-Oct-1990 G22\/1990\/s7 3\/1990 Development and Planning (Amendment) Law, 1990 18-Apr-1990 GE18.Apr\/1990\/s3 8\/1989 Development and Planning (Amendment) (No. 2) Law, 1989 14-Aug-1989 G17\/1989\/s10 1\/1989 Development and Planning (Amendment) Law, 1989 5-Jun-1989 G12\/1989\/s1 25\/1984 Development and Planning (Amendment) Law, 1983 31-Dec-1984 GE31.Dec\/1984\/s1 7\/1983 Development and Planning (Amendment) Law, 1983 30-May-1983 G11\/1983\/s7 9\/1981 Development and Planning (Amendment) Law, 1981 20-Apr-1981 G8\/1981\/s7 24\/1977 Development and Planning (Amendment) (No. 2) Law, 1977 19-Dec-1977 G26\/1977\/s2 16\/1977 Development and Planning (Amendment) Law, 1977 5-May-1975 GE5.May\/1975\/s2 2\/1975 Development and Planning (Amendment) Law, 1975 5-May-1975 GE5.May\/1975\/s2 13\/1974 Development and Planning (Amendment) Law, 1974 20-Jan-1975 G2\/1975\/s2 28\/1971 Development and Planning Law, 1971 17-Jan-1972 GN 10\/1972 Development and Planning Act (2021 Revision) ENDNOTES ENDNOTES Development and Planning Act (2021 Revision) (Price: $11.20)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2021_01_22\", \"date\": \"2021-01-22\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": 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\"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nDEVELOPMENT AND PLANNING ACT\n(2021 Revision)\n\nSupplement No. 7 published with Legislation Gazette No. 7 of 22nd January, 2021\n.\n\nPage 2\nRevised as at 31st December, 2020\nc\n\nPUBLISHING DETAILS\nLaw 28 of 1971 consolidated with Laws 13 of 1974, 2 of 1975, 16 of 1977, 24 of 1977, 9\nof 1981, 7 of 1983, 25 of 1984, 1 of 1989, 8 of 1989, 3 of 1990, 20 of 1990 (part), 9 of\n1991, 6 of 1993, 4 of 1995, 18 of 1996, 12 of 1997, 25 of 1997, 29 of 1997, 11 of 2001, 33\nof 2001, 10 of 2002, 11 of 2002, 19 of 2002, 7 of 2003, 31 of 2003, 8 of 2004, 3 of 2005,\n4 of 2005, 16 of 2006, 30 of 2010, 19 of 2014, 44 of 2016, 50 of 2020 and 56 of 2020 and\nas amended by the Cayman Islands (Constitution) (Amendment) Order 2003 (U.K.S.I.\n2003 No. 1515), the Cayman Islands Constitution Order 2009 (UKSI 2009 No. 1379) and\nthe Cayman Islands Constitution (Amendment) Order 2020 (UKSI 2020 No. 1283).\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted \u2014\nLaw 28 of 1971-20th December, 1971\nLaw 13 of 1974-14th October, 1974\nLaw 2 of 1975-1st May, 1975\nLaw 16 of 1977-28th July, 1977\nLaw 24 of 1977-5th December, 1977\nLaw 9 of 1981-12th March, 1981\nLaw 7 of 1983-22nd February, 1983\nLaw 25 of 1984-13th December, 1984\nLaw 1 of 1989-22nd February, 1989\nLaw 8 of 1989-23rd May, 1989\nLaw 3 of 1990-20th February, 1990\nLaw 20 of 1990-6th September, 1990\nLaw 9 of 1991-8th March, 1991\nLaw 6 of 1993-21st June, 1993\nLaw 4 of 1995-21st June, 1995\nLaw 18 of 1996-27th September, 1996\nLaw 12 of 1997-2nd May, 1997\nLaw 25 of 1997-15th December, 1997\nLaw 29 of 1997-23rd December, 1997\nLaw 11 of 2001-25th May, 2001\nLaw 33 of 2001-14th November, 2001\nLaw 10 of 2002-10th July, 2002\n\nDevelopment and Planning Act (2021 Revision)\nPublication Details Continued\n\nc\nRevised as at 31st December, 2020\nPage 3\n\nLaw 11 of 2002-15th July, 2002\nLaw 19 of 2002-5th December, 2002\nLaw 7 of 2003-25th June, 2003\nLaw 31 of 2003-4th December, 2003\nLaw 8 of 2004-18th March, 2004\nLaw 3 of 2005-11th February, 2005\nLaw 4 of 2005-11th February, 2005\nLaw 16 of 2006-9th June, 2006\nLaw 30 of 2010-12th July, 2010\nLaw 19 of 2014-30th October, 2014\nLaw 44 of 2016-24th October, 2016\nLaw 50 of 2020-30th October, 2020\nLaw 56 of 2020-7th December, 2020.\n\nOriginally made \u2014\nU.K. Order, 2003-12th June, 2003\nU.K. Order, 2009-10th June, 2009\nU.K. Order 2020-.11th November, 2020\n\nConsolidated and revised this 31st day of December, 2020.\n\nNote (not forming part of this Act): This revision replaces the 2017 Revision which\nshould now be discarded.\n\nDevelopment and Planning Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 5\n\nCAYMAN ISLANDS\n\nDEVELOPMENT AND PLANNING ACT\n(2021 Revision)\nArrangement of Sections\nSection\nPage\n1.\nShort title ...................................................................................................................................... 9\n2.\nDefinitions ..................................................................................................................................... 9\nPART I - Central Administration\n3.\nEstablishment and constitution of Central Planning Authority .................................................... 12\n3A.\nContinuation of Planning Department ......................................................................................... 13\n4.\nAppointment of Staff ................................................................................................................... 13\n5.\nDuties of Authority ...................................................................................................................... 13\n6.\nRepealed .................................................................................................................................... 14\n7.\nCooperation with Government departments ............................................................................... 14\n8.\nRepealed .................................................................................................................................... 14\n8A.\nImmunity ..................................................................................................................................... 14\nPART II - Development Plans\n9.\nPreparation of development plans .............................................................................................. 14\n10.\nAmendment of development plans ............................................................................................. 15\n11.\nApproval of development plans .................................................................................................. 16\n12.\nDeposit of development plans .................................................................................................... 17\nPART III - Control of Development of Land\n13.\nProvisions for development ........................................................................................................ 17\n14.\nFunctions of the Board ............................................................................................................... 18\n15.\nApplication for planning permission ............................................................................................ 19\n\nArrangement of Sections\nDevelopment and Planning Act (2021 Revision)\n\nPage 6\nRevised as at 31st December, 2020\nc\n\n16.\nSupplementary provisions re grants of planning permission ..................................................... 20\n17.\nRevocation and modification of planning permission ................................................................. 21\n18.\nEnforcement of planning control ................................................................................................ 22\n19.\nAppeal against enforcement notice ............................................................................................ 23\n20.\nSupplementary provisions as to enforcement ............................................................................ 25\n21.\nPenalties for failure to comply with certain enforcement notices ............................................... 26\n22.\nContinuing operation of enforcement notices ............................................................................ 26\n23.\nStop notice ................................................................................................................................. 27\n24.\nRepealed .................................................................................................................................... 28\n24A. Grant of injunction ...................................................................................................................... 28\n25.\nPreservation of trees and woodlands ......................................................................................... 29\n26.\nMangrove buffer ......................................................................................................................... 30\n27.\nRepealed .................................................................................................................................... 30\n28.\nTaking ballast from shoreline an offence ................................................................................... 30\n29.\nApplication of Part III to development in Cayman Brac and Little Cayman ............................... 30\nPART IIIA-Land Adversely Affecting Amenity of\nNeighbourhood\n29A. Power to require proper maintenance of land ............................................................................ 31\n29B. Penalty for non-compliance with notice under section 29A ....................................................... 31\n29C. Appeal to summary court against notice under section 29A ...................................................... 33\n29D. Appeal to Grand Court ............................................................................................................... 34\n29E. Execution and cost of works required by notice under section 29A ........................................... 34\nPART IV-Repealed\n30.\nRepealed .................................................................................................................................... 34\n31.\nRepealed .................................................................................................................................... 34\n32.\nRepealed .................................................................................................................................... 35\n33.\nRepealed .................................................................................................................................... 35\n34.\nRepealed .................................................................................................................................... 35\n35.\nRepealed .................................................................................................................................... 35\nPART V-Acquisition and Disposal of Land for Planning\nPurposes\n36.\nAcquisition of land ...................................................................................................................... 35\n37.\nAmendment of section 21 of the Land Acquisition Act (1995 Revision) for the purpose of\nthis Act ....................................................................................................................................... 35\nPART VI-Repealed\n38.\nRepealed .................................................................................................................................... 36\nPART VII-Supplemental\n39.\nPowers of entry .......................................................................................................................... 36\n40.\nService of notices ....................................................................................................................... 37\n41.\nPowers to require information .................................................................................................... 38\n\nDevelopment and Planning Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 7\n\n42.\nRegulations ................................................................................................................................. 38\n43.\nDevelopment Plan Tribunals ...................................................................................................... 40\n44.\nApplication to land regulated by special enactments.................................................................. 40\n45.\nUnfinished buildings ................................................................................................................... 40\n46.\nTribunal ....................................................................................................................................... 41\n47.\nCayman Brac and Little Cayman Appeals Tribunal .................................................................... 41\n48.\nAppeals against decisions of Authority ....................................................................................... 41\n49.\nAppeals against decisions of Board ........................................................................................... 43\n50.\nAnnual report .............................................................................................................................. 43\n51.\nSaving of existing laws ............................................................................................................... 43\n52.\nFinancial provision ...................................................................................................................... 44\n53.\nApplication .................................................................................................................................. 44\n54.\nGeneral penalty .......................................................................................................................... 44\n55.\nTransitional provisions ................................................................................................................ 45\nSCHEDULE 1\n47\nCONSTITUTION AND PROCEDURE OF AUTHORITY AND BOARD\n47\nSCHEDULE 2\n49\nMATTERS FOR WHICH PROVISION MAY BE MADE IN DEVELOPMENT PLANS\n49\nENDNOTES\n53\nTable of Legislation history: ................................................................................................................. 53\n\nDevelopment and Planning Act (2021 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2020\nPage 9\n\nCAYMAN ISLANDS\n\nDEVELOPMENT AND PLANNING ACT\n(2021 Revision)\n\n1.\nShort title\n1.\nThis Act may be cited as the Development and Planning Act (2021 Revision).\n2.\nDefinitions\n2.\n(1) In this Act \u2014\n\u201cagriculture\u201d includes horticulture, fruit growing, dairy farming, the breeding\nand keeping of livestock (including the farming of turtles in confinement), the\nuse of land as grazing land, meadow land, market gardens and nursery grounds\nand \u201cagricultural\u201d has a corresponding meaning;\n\u201cancillary building\u201d means a garage or other building or structure on a lot or\nparcel subordinate to and not forming an integral part of the main or principal\nbuilding but pertaining to the use of the main building;\n\u201cAppeals Tribunal\u201d means the Appeals Tribunal established under section 47;\n\u201cAuthority\u201d means the Central Planning Authority established under\nsection 3(1) and, for the purposes of sections 18, 19, 20 and 29A to 29E\n\u201cAuthority\u201d includes the Board;\n\u201cBoard\u201d means the Development Control Board established under section 3(3);\n\u201cbuilding\u201d includes any structure or erection of a permanent or semi-permanent\nnature and any part of a building as so defined, but does not include plant or\nmachinery comprised in a building;\n\nSection 2\nDevelopment and Planning Act (2021 Revision)\n\nPage 10\nRevised as at 31st December, 2020\nc\n\n\u201cbuilding\u201d or \u201cwork\u201d includes waste materials, refuse, garbage and any other\nmatter deposited on land, and references to the erection or construction of\nbuildings or works shall be construed accordingly;\n\u201cbuilding operations\u201d includes rebuilding operations, structural alterations of\nor additions to buildings, and other physical operations normally undertaken by\na person carrying on business as a builder;\n\u201ccourt\u201d means a court of summary jurisdiction;\n\u201cdays\u201d means calendar days unless otherwise specified;\n\u201cdetached house\u201d means a dwelling unit on its own exclusive lot;\n\u201cdevelopment\u201d has the meaning assigned to it by section 13(3) and \u201cdevelop\u201d\nhas a corresponding meaning;\n\u201cdevelopment plan\u201d has the meaning assigned to it by section 9, and includes\nthe plan deemed to be the first development plan of the Islands under\nsection 9(5) and any amendment to a development plan;\n\u201cDevelopment Plan Tribunal\u201d means a tribunal established under section 43;\n\u201cDirector\u201d means the Director of Planning appointed under section 4;\n\u201cduplex\u201d means two dwelling units one above the other or side by side having\na common wall and being on one lot;\n\u201cengineering operations\u201d includes the formation and laying out of means of\naccess to highways;\n\u201cerection\u201d, in relation to buildings, includes extension, alteration and reerection.\n\u201cformer Law\u201d means the repealed Land Development (Interim Control)\nLaw, 1969 [Law 2 of 1969];\n\u201cfunctions\u201d includes powers and duties;\n\u201chighway authority\u201d means the authority responsible for the maintenance of\na road;\n\u201cland\u201d includes land covered by water and also includes incorporeal\nhereditaments of every tenure or description and any interest therein and also an\nundivided share in land;\n\u201cLand Register\u201d means the Land Register compiled under Division 2 of Part II\nof the Registered Land Act (2004 Revision);\n\u201cnational disaster\u201d includes hurricane, fire, flood, earthquake, outbreak of\npestilence, outbreak of infectious disease or any other calamity whether similar\nto the foregoing or not;\n\u201coperations\u201d includes \u2014\n(a) building operations;\n(b) excavating land; and\n\nDevelopment and Planning Act (2021 Revision)\nSection 2\n\nc\nRevised as at 31st December, 2020\nPage 11\n\n(c) any other activity connected to the use of land;\n\u201coutline planning permission\u201d means permission for the erection of a building\nor for the use of land, which permission is granted subject to a condition that\napproval be given by the Authority at some later time to the site, design, density\nor external appearance of any such building or the means of access;\n\u201cowner\u201d, in relation to any building or land, means a person other than a\nmortgagee not in possession, who is for the time being entitled to dispose of the\nright of ownership of the building or land, whether in possession or reversion,\nand also includes a person holding or entitled to the rents and profits of the\nbuilding or land under a lease or agreement the unexpired term whereof exceeds\nten years and, without prejudice to the generality of this definition, \u201cowner\u201d\nincludes each proprietor for the time being of a strata lot;\n\u201cpermission granted for a limited period only\u201d has the meaning assigned to\nit by section 15(2);\n\u201cplanned area development\u201d means a master planned development approved\nby the Authority pursuant to regulations made under this Act;\n\u201cprimary use\u201d within a zone includes any use which is subsidiary to and\ncompatible with the primary purpose of that zone;\n\u201crecovery period\u201d means such period (as may be specified by the Cabinet by\norder) immediately following a national disaster;\n\u201croad\u201d means a road as defined from time to time in the Roads Act (2005\nRevision);\n\u201cspecial purpose development\u201d means a development of land for a purpose\nwhich is unfamiliar or uncommon in the Islands including such a purpose as\nprimary manufacturing;\n\u201cstatutory undertakers\u201d means persons authorised by any law to carry on any\nroad transport, water transport, dock, harbour or pier undertakings or any\nundertaking for the supply of electricity, water, telephonic, telegraphic,\nsewerage or quarrying services and \u201cstatutory undertaking\u201d has a\ncorresponding meaning;\n\u201cstrata lot\u201d means a strata lot as defined in the Strata Titles Registration Act\n(2013 Revision);\n\u201csubdivision\u201d, in relation to land, means the division of any land other than\nbuildings held under one ownership whether the subdivision is by conveyance,\ntransfer or partition, or for the purpose of sale, gift, lease or any other purpose\nand \u201csubdivide\u201d has a corresponding meaning;\n\u201ctemporary development\u201d means \u2014\n(a) the carrying out of building, engineering or other operations in, on, over\nor under any land, including the clearing of land; or\n(b) the making of any material change in the use of any building or other land,\n\nSection 3\nDevelopment and Planning Act (2021 Revision)\n\nPage 12\nRevised as at 31st December, 2020\nc\n\nat any time during a recovery period, for the purpose of the restoration of the\nIslands following a national disaster;\n\u201cTribunal\u201d means the Tribunal established under section 46(1); and\n\u201ctree preservation order\u201d has the meaning assigned to it by section 25(1).\n(1A) For the purposes of this Act \u2014\n(a) carrying out development without the grant of permission required in that\nbehalf under Part III; or\n(b) failing to comply with any condition or limitation subject to which such\npermission has been granted,\nconstitutes a breach of planning control.\n(2) Where, under this Act, the approval or sanction of the Cayman Islands\nParliament is required for any matter such approval shall have effect from the\ndate on which the Cayman Islands Parliament signifies approval or sanction\nthereto.\nPART I - Central Administration\n3.\nEstablishment and constitution of Central Planning Authority\n3.\n(1) For the purposes of this Act there is established a body of persons to be called\nthe Central Planning Authority, exercising such functions throughout the Islands\nas are hereinafter assigned to it.\n(2) The Authority shall consist of a Chairperson, a Deputy Chairperson and eleven\nother members (one of whom shall be a member of the Board) appointed by the\nCabinet.\n(3) A Development Control Board is established for the Islands of Cayman Brac\nand Little Cayman consisting of a Chairperson, a Deputy Chairperson and five\nother members who shall be appointed by the Cabinet.\n(4) An executive secretary for each body shall be appointed by the Cabinet.\n(5) Subject to this section, the constitution and procedure of the Authority and\nBoard shall be in accordance with Schedule 1.\n(6) Every member of the Authority or Board (not being a Government employee)\nis entitled to receive out of the Treasury the appropriate sum for attendance at\nany meeting of the Authority or Board payable quarterly upon the certificate of\nthe Chairperson of either body as to the number of attendances of each member.\n\nDevelopment and Planning Act (2021 Revision)\nSection 3A\n\nc\nRevised as at 31st December, 2020\nPage 13\n\n3A.\nContinuation of Planning Department\n3A. There shall continue to be established a department of Government called the\nDepartment of Planning which shall be maintained by such monies as shall be paid\nout of the general revenue of the Islands.\n4.\nAppointment of Staff\n4.\n(1) The Governor shall appoint a Director of Planning and such other officers as\nappear necessary for the proper exercise of the functions of the Authority; and\nthe Director and officers shall be employed in the Department of Planning and\nshall be responsible for the administration of the Authority and the Board,\nincluding preparing their agendas and minutes, and communicating and\nimplementing their decisions.\n(2) All meetings of the Authority shall be attended by either the Director or a person\ndesignated by the Director for the purpose; and the Director shall make to the\nAuthority and the Board such recommendations as may appear to the Director\nto be necessary for the implementation of this Act.\n5.\nDuties of Authority\n5.\n(1) It is the duty of the Authority to secure consistency and continuity in the framing\nand execution of a comprehensive policy approved by the Cabinet with respect\nto the use and development of the land in the Islands to which this Act applies\nin accordance with the development plan for the Islands prepared in accordance\nwith Part II or otherwise in operation by reason thereof.\n(2) All acts of the Authority shall be signified under the hand of the Director or such\nother officer as the Director may authorise.\n(3) The Authority may, with the approval of the Cabinet, by written instrument,\ndelegate any of its functions under this Act (other than this power of delegation)\nto \u2014\n(a) the Director;\n(b) the Deputy Directors;\n(c) the Director and a member of the Authority; or\n(d) a Deputy Director and a member of the Authority.\n(4) Where, under subsection (3)(c) or (d), a function of the Authority is\ndelegated to \u2014\n(a) the Director and a member of the Authority; or\n(b) a Deputy Director and a member of the Authority,\nthat function cannot be exercised except jointly by the Director or a Deputy\nDirector (as the case may be) and that member.\n\nSection 6\nDevelopment and Planning Act (2021 Revision)\n\nPage 14\nRevised as at 31st December, 2020\nc\n\n(5) A delegation under subsection (3) is revocable at will and does not prevent the\nexercise by the Authority of any function so delegated.\n6.\nRepealed\n6.\nRepealed by section 6 of the Development and Planning (Amendment) Act, 2014\n[Law 19 of 2014].\n7.\nCooperation with Government departments\n7.\nThe Authority or Board, as the case may be, shall, to the greatest possible extent\nconsistent with the performance of its duties under this Act, consult with departments\nand agencies of the Government having duties or having aims or objects related to\nthose of the Authority or Board.\n8.\nRepealed\n8.\nRepealed by section 7 of the Development and Planning (Amendment) Act, 2014\n[Law 19 of 2014].\n8A.\nImmunity\n8A. The Authority, the Board, the Department of Planning, the Director or an employee\nof the Department of Planning shall not be liable in damages for anything done or\nomitted in the discharge or purported discharge of their respective duties or functions\nunder this Act unless it is shown that the act or omission was in bad faith.\nPART II - Development Plans\n9.\nPreparation of development plans\n9.\n(1) A development plan includes such maps and descriptive matter in the form of a\nplanning statement as may be necessary to illustrate its proposals with such\ndegree of particularity as may be appropriate to different parts of the Islands;\nand a development plan, may in particular \u2014\n(a) define the sites of proposed roads, public and other buildings and works,\nairfields, parks, pleasure grounds, nature reserves and other open spaces;\n(b) allocate areas of land for use for agricultural, residential, industrial or other\npurposes of any use or class specified in the plan; and\n(c) designate, as public open space \u2014\n(i)\nland allocated by the plan for purposes of any of the functions of the\nGovernment or a statutory undertaker or a highway authority; and\n(ii) other land that, in the opinion of the Government, ought to be subject\nto acquisition by the Government for the purpose of securing its use\nin the manner proposed by the plan,\n\nDevelopment and Planning Act (2021 Revision)\nSection 10\n\nc\nRevised as at 31st December, 2020\nPage 15\n\nand the Government may acquire such public open space as it deems necessary.\n(2) A development plan shall not designate any land as land subject to acquisition\nby the Government if it appears to it that the acquisition is not likely to take\nplace within five years from the date on which the plan is approved.\n(3) Where any land is designated by a development plan, or amendment of a\ndevelopment plan, as subject to acquisition by the Government, it shall be\nacquired within one year of the date on which the plan, or the amendment, came\ninto operation; and, if the land is not acquired within that year, any owner of an\ninterest in the land to be acquired may serve on the Government a notice to\nacquire the land within six months after the service of the notice, or such longer\nperiod as may be agreed between the owner and the Government; and, if at the\nend of that period the land has not been acquired, the land shall be deemed to be\ndesignated as provided in the development plan in effect at the time as approved\nby the Cayman Islands Parliament.\n(4) Without prejudice to subsection (1), a development plan may make provision\nfor any of the matters set out in Schedule 2.\n(5) Any other provision of this Act to the contrary notwithstanding, the paper\nentitled the Planning Statement for the Cayman Islands, 1977 together with its\nappendices and accompanying map approved by a resolution of the Cayman\nIslands Parliament on the 28th day of July, 1977 is deemed to be the first\ndevelopment plan of the Islands and to have been prepared and approved in\naccordance and after full and proper compliance with this Act.\n10.\nAmendment of development plans\n10. (1) At least once in every five years after the date on which a development plan for\nany area is approved by the Cayman Islands Parliament the Authority shall carry\nout a fresh survey of that area, and submit to the Cayman Islands Parliament a\nreport of the survey, together with proposals for any alterations or additions to\nthe plan that appear to them to be required having regard thereto.\n(2) Notwithstanding subsection (1), the Authority \u2014\n(a) shall, if at any time so required by the Governor, or by a resolution of the\nCayman Islands Parliament; or\n(b) may, whenever it appears expedient,\nsubmit to the Cayman Islands Parliament proposals for alterations or additions\nto any development plan.\n\nSection 11\nDevelopment and Planning Act (2021 Revision)\n\nPage 16\nRevised as at 31st December, 2020\nc\n\n11.\nApproval of development plans\n11. (1) The Authority shall, in the course of preparing a development plan relating to\nany land, or proposals for alterations or additions to any such plan, consult with\nthe Board and any other public authority concerned with the development\ncontemplated in the area concerned and may consult with such other persons or\nbodies as they think fit, and the Authority shall, before submitting any such plan\nor proposals for approval by the Cayman Islands Parliament, give to the Board\nand to any public authority as aforesaid and to any such persons or bodies as\naforesaid an opportunity to make objections or representations with regard\nthereto.\n(2) Notice shall be published, in a public newspaper circulating in the Islands in two\nissues in each of two consecutive weeks, that the Authority has prepared in draft\nany such plan, and of the place or places in each district where copies of such\nplan or proposals may be inspected by the public.\n(3)    (a) If any objection or representation with regard to any such plan or proposals\nis made in writing to the Authority within two months after the publication\nof the notice referred to in subsection (2), the Minister charged with\nresponsibility for planning shall refer the matter to the Tribunal or a\nDevelopment Plan Tribunal for an enquiry into all such objections or\nrepresentations; and the Authority shall, before submitting any such plan\nor proposals for the approval of the Cayman Islands Parliament, take into\nconsideration the objections or representations together with the report\nthereon of the Tribunal or a Development Plan Tribunal, as the case may\nbe, and shall include such report with the plan or proposals submitted to\nthe Cayman Islands Parliament.\n(b) Where the Board objects to any such draft plan or proposals insofar as they\nrelate to land within the limits of Cayman Brac or Little Cayman, the Board\nmay include in its representations to the persons holding such enquiry\nalternative draft plans or proposals in relation to such land and, in that\nevent, such alternative draft plans or proposals shall be included in the\nreport of the Authority submitted to the Cayman Islands Parliament unless\nmodifications in the development plan submitted by the Authority to the\nCayman Islands Parliament take account of such alternative draft plans or\nproposals to the satisfaction of the Board.\n(4) If, as a result of any objection or representation considered, or public inquiry\nheld, in connection with a development plan or proposals for amendment of such\na plan, the Authority is of the opinion that the Board or any other authority or\nperson ought to be consulted before it decides to make the plan either with or\nwithout modifications, or to amend the plan, as the case may be the Authority\nshall consult that authority or person, but unless otherwise directed by the\nCabinet, they shall not be obliged to consult any other authority or person, or to\n\nDevelopment and Planning Act (2021 Revision)\nSection 12\n\nc\nRevised as at 31st December, 2020\nPage 17\n\nafford any opportunity for further objections or representations or to cause any\nfurther public inquiry to be held.\n12.\nDeposit of development plans\n12. A development plan and any amendment thereof, as approved by the Cayman Islands\nParliament, shall be deposited with the Cabinet.\nPART III - Control of Development of Land\n13.\nProvisions for development\n13. (1) Subject to this Act or any regulations made under this Act, permission shall be\nrequired under this Part for any development of land that is carried out after the\n17th day of January, 1972. Except where otherwise provided for by this Act,\npermission shall not be given which would result in a development at variance\nwith a development plan and in particular in the case of development in Cayman\nBrac or Little Cayman at variance with the guidelines therefor contained in any\nsuch plan.\n (2) Repealed by section 7 of the Development and Planning (Amendment) Act,\n2010 [Law 30 of 2010].\n(3) In this Act \u2014\n\u201cdevelopment\u201d means the carrying out of building, engineering or other\noperations in, on, over or under any land, the making of any material change in\nthe use of any building or other land, or the subdivision of any land, except that\nthe following types of developments shall not require planning permission but\nshall be subject to all other provisions of this Act and any regulations made\nunder this Act, including the Building Code Regulations (2021 Revision),\nnamely \u2014\n(a) the carrying out of works for the maintenance, improvement or other\nalteration of any detached house if the works \u2014\n(i)\naffect only the interior of the house or do not materially affect the\nexternal appearance of the house; and\n(ii) do not constitute or contribute to a material change in the use of the\nhouse;\n(ab) the carrying out of works for the maintenance, improvement or other\nalteration of any building (other than a detached house) if the works \u2014\n(i)\naffect only the interior of the building or do not materially affect the\nexternal appearance of the building;\n(ii) do not constitute or contribute to a material change in the use of the\nbuilding; and\n\nSection 14\nDevelopment and Planning Act (2021 Revision)\n\nPage 18\nRevised as at 31st December, 2020\nc\n\n(iii) do not contravene any other law, regulation or code;\n(ac) the construction of a fuel liquefied petroleum gas storage tank not\nexceeding an aggregate total of one thousand gallons in size;\n(b) the carrying out by a highway authority of any works required for the\nmaintenance or improvement or widening of a road;\n(c) the carrying out, with the approval of the Managing Director of the\nNational Roads Authority by any authority or statutory undertakers of any\nworks for the purpose of inspecting, repairing or renewing any sewers,\nmains, cables or other apparatus, including the breaking open of any street\nor other land for that purpose;\n(d) the use of any land for the purpose of agriculture (except living\naccommodation, grazing, dairy farming, the breeding or keeping of\nlivestock, or the farming of turtles in confinement);\n(e) the erection or construction of gates, fences, walls or other means of\nenclosure not being with any setback adjacent to the sea or road, not\nexceeding four feet in height and not constructed of sheet metal;\n(f)\nrepealed by section 11(a)(iii) of the Development and Planning\n(Amendment) Act, 2014 [Law 19 of 2014].\n(g) the display of such advertisements as may be specified by the Authority.\n(4) Repealed by section 11(b) of the Development and Planning (Amendment) Act,\n2014 [Law 19 of 2014].\n(5) Approval may be given to the subdivision of land into six lots or less subject to\ncompliance with zoning, access and other requirements.\n(6) Repealed by section 11(d) of the Development and Planning (Amendment) Act,\n2014 [Law 19 of 2014].\n(7) Repealed by section 11(d) of the Development and Planning (Amendment) Act,\n2014 [Law 19 of 2014].\n14.\nFunctions of the Board\n14. (1) There is hereby conferred exclusively upon the Board in relation only to\nCayman Brac and Little Cayman the functions and powers (which but for this\nsection would be exercisable or enjoyable by the Authority) provided by\nsections 15 (save subsections (5) and (6)), 17, 18, 19, 20, 25, 28, 29A, 29B, 29C,\n29D, 29E, 39, and 42.\n(2) In the absence of express provision to the contrary, nothing in subsection (1)\nshall serve, by implication or otherwise, to confer upon the Board any other of\nthe Authority\u2019s functions or powers under this Act.\n\nDevelopment and Planning Act (2021 Revision)\nSection 15\n\nc\nRevised as at 31st December, 2020\nPage 19\n\n15.\nApplication for planning permission\n15. (1) Subject to this section and section 5(1), where application is made to the\nAuthority for outline planning or permission to develop land or permission for\na planned area development, the Authority may grant permission either\nunconditionally or subject to such conditions as it thinks fit, or may refuse\npermission.\n(2) Without restricting the generality of subsection (1), conditions may be imposed\non the grant of permission to develop land thereunder \u2014\n(a) for regulating the development or use of any land under the control of the\napplicant (being land contiguous to the land that is the subject of the\napplication) and for requiring the carrying out of works on any such land,\nso far as appears to the Authority to be expedient for the purposes of or in\nconnection with the development authorised by the permission; and\n(b) for requiring the removal of any building or works authorised by the\npermission, or the discontinuance of any use of land so authorised, at the\nexpiration of a specific period, and the carrying out of any works required\nfor the reinstatement of land at the expiration of that period,\nand permission granted subject to any such condition as is mentioned by\nparagraph (b) is, in this Act, referred to as permission granted for a limited\nperiod only.\n(3) Subject to any specific provision made therein by the Authority, permission\ngranted by the Authority remains effective for five years from the date of its\npromulgation but where permission is granted for a planned area development\nor where any part of the approved development is commenced within such time\nas provided or imposed thereunder, such approval shall vest in perpetuity and\nenure for the benefit of the land in accordance with section 16(4), unless\nrevoked or modified in accordance with section 17.\n(4) Where a person makes an application for planning permission to the Authority\n(other than an application for permission in relation to a detached house, duplex\nor any temporary development), the person shall provide notice of the\napplication which shall \u2014\n(a)  contain an invitation for the person to whom the notice is addressed to\ninspect \u2014\n(i)  the application for planning permission (including the application\nform, requisite drawings, Land Register and registry extract map) in\nperson at the Department of Planning; or\n(ii)  the requisite drawings related to an application for planning\npermission via a website authorised by the Director for such purpose;\nand\n\nSection 16\nDevelopment and Planning Act (2021 Revision)\n\nPage 20\nRevised as at 31st December, 2020\nc\n\n(b)  be served in accordance with any regulations made under this Act, and the\nAuthority shall not consider the application \u2014\n(i)\nin the absence of evidence of the service, or publication in accordance\nwith any regulations made under this Act, as the case may be, of such\nnotice; and\n(ii) unless twenty-one days have elapsed since the service or publication,\nas the case may be, of the last of such notice.\n(4A) Subsection (4) does not authorise any person to obtain copies of any documents\nor drawings associated with the application for planning permission without the\nwritten authorisation of the applicant.\n(5) Subject to section 48, the decision of the Authority on any application made to\nthem under this section shall be final.\n(6) Subject to section 49, the decision of the Board on any application to it under\nthis section shall be final.\n16.\nSupplementary provisions re grants of planning permission\n16. (1) The power to grant permission to develop land under this Part shall include\npower to grant permission for the retention on land of any buildings or works\nconstructed or carried out thereon before the date of the application, or for the\ncontinuance of any use of land instituted before that date (whether without\npermission granted under this Part or in accordance with permission so granted\nfor a limited period only); and references in this Part to permission to develop\nland or carry out any development of land, and to applications for such\npermission, shall be construed accordingly.\n(2) Any such permission as is mentioned in subsection (1) may be granted so as to\ntake effect from the date on which the buildings or works were constructed or\ncarried out, or the use was instituted, or from the expiration of the said period,\nas the case may be.\n(3) Where permission is granted under this Part for erection of a building the grant\nof permission may specify the purposes for which the building may be used; and\nif no purpose is so specified, the permission shall be construed as including\npermission to use the building for the purpose for which it is designed.\n(4) Where permission to develop land is granted under this Part, then, except as may\nbe otherwise provided by the permission, the grant of permission shall enure for\nthe benefit of the land and of all persons for the time being interested therein,\nbut without prejudice to this Part with respect to the revocation and modification\nof permission granted thereunder.\n(5) Where permission to develop land is granted under this Part for a limited period\nonly, nothing in this Part shall be construed as requiring permission to be\nobtained thereunder for the resumption, at the expiration of that period, of the\n\nDevelopment and Planning Act (2021 Revision)\nSection 17\n\nc\nRevised as at 31st December, 2020\nPage 21\n\nuse of the land for the purpose for which it was normally used before the\npermission was granted.\n(6) In determining for the purposes of subsection (5), the purposes for which land\nwas normally used before the grant of permission, no account shall be taken of\nany use of the land begun in contravention of this Part.\n17.\nRevocation and modification of planning permission\n17. (1) Subject to this section, if it appears to the Authority that it is expedient, having\nregard to the development plan and to any other material considerations, that\nany permission to develop land on an application made in that behalf under this\nPart should be revoked or modified, it may, by order, revoke or modify the\npermission to such an extent as appears to it to be expedient as aforesaid.\n(2) The power conferred by this section to revoke permission to develop land may\nbe exercised \u2014\n(a) where the permission relates to the carrying out of building or other\noperations, at any time before those operations have been completed; or\n(b) where the permission relates to a change of the use of any land, at any time\nbefore the change has taken place and the power conferred by this section\nto modify permission to develop land may be exercised at any time; but\nthe revocation or modification of permission for the carrying out of\nbuilding or other operations shall not affect so much of those operations as\nhas been previously carried out.\n(3) Where permission to develop land is revoked or modified by an order made\nunder this section, then if on a claim made to the Authority within six months\nof the making of the order, it is shown that any person interested in the land has\nincurred expenditure in carrying out work that is rendered abortive by the\nrevocation or modification, or has otherwise sustained loss or damage that is\ndirectly attributable to the revocation or modification, the Authority shall pay to\nthat person compensation in respect of that expenditure, loss or damage.\n(4) No compensation shall be payable under subsection (3) in respect of loss or\ndamage consisting of the depreciation in value of any interest in the land by\nvirtue of the revocation or modification.\n(5) For the purposes of this section, any expenditure incurred in the preparation of\nplans for the purposes of any work or upon other matters preparatory thereto\nshall be deemed to be included in the expenditure incurred in carrying out that\nwork, but except as aforesaid no compensation shall be paid under this section\nin respect of any work carried out before the grant of the permission that is\nrevoked or modified, or by reason of any other loss or damage (other than loss\nor damage by way of depreciation in value of an interest in land) arising out of\nanything done before the grant of that permission.\n\nSection 18\nDevelopment and Planning Act (2021 Revision)\n\nPage 22\nRevised as at 31st December, 2020\nc\n\n(6) Where the permission that is revoked or modified by an order under this section\nis permission for which compensation would be payable under the repealed Part\nIV in the circumstances therein mentioned, the repealed sections 31, 34 and 35\nshall apply as if for references in the repealed section 31 to the refusal of the\npermission or the imposition of conditions on the grant thereof there were\nsubstituted references to the revocation of permission or the modification\nthereof by the imposition of conditions and section 31(1) shall have effect as if\nfor the words \u201cif the permission had been granted or had been granted\nunconditionally\u201d there were substituted the words \u201cif the permission had not\nbeen revoked or had not been modified\u201d.\n(7) Where by virtue of this section, compensation is payable in respect of\nexpenditure incurred in carrying out any work on land, then if the Authority\npurchases any interest in that land, or a claim for compensation is made in\nrespect of any such interest under the repealed section 31, any compensation\npayable in respect of that interest, or as the case may be, any compensation\npayable in respect of the interest under the repealed section 31 shall be reduced\nby an amount equal to the value of the works in respect of which compensation\nis payable under this section.\n18.\nEnforcement of planning control\n18. (1) If it appears to the Director that any development of land has been carried out\nafter the appointed day without the grant of permission required in that behalf\nunder this Part, or that any conditions subject to which such permission was\ngranted in respect of any development have not been complied with, then the\nDirector may, within five years of such development being carried out, or in the\ncase of non-compliance with a condition, within five years after the date of the\nalleged failure to comply with it, if the Director considers it expedient so to do\nhaving regard to the provisions of the development plan and to any other\nmaterial considerations, serve on the owner and occupier of the land a notice\nunder this section.\n(2) Where a prospective purchaser of any land serves notice on the Director that \u2014\n(a) that person intends purchasing land described in the notice; and\n(b) that person is unaware of any development having been carried out on that\nland without the grant of permission in that behalf,\nthen, unless the Director, within thirty-eight days of the receipt of such notice\nnotifies such prospective purchaser of any development which has been carried\nout on that land without permission granted in that behalf, then all development\nthereon at the time of the receipt of such notice by the Director shall, for the\npurposes of any enforcement notice thereafter issued, be deemed to have been\npermitted by the Director.\n\nDevelopment and Planning Act (2021 Revision)\nSection 19\n\nc\nRevised as at 31st December, 2020\nPage 23\n\n(3) Any notice served under subsection (1) (in this Act called an \u201cenforcement\nnotice\u201d) shall specify the development that is alleged to have been carried out\nwithout the grant of such permission as aforesaid or, as the case may be, the\nmatters in respect of which it is alleged that any such conditions as aforesaid\nhave not been complied with, and may require the taking of such steps as may\nbe specified for restoring the land to its condition before the development took\nplace, or for securing compliance with the conditions, as the case may be and in\nparticular any such notice may, for the purpose aforesaid, require the demolition\nor alteration of any buildings or works, the discontinuance of any use of the land\nor the carrying out on land of any building or other operations.\n(4) An enforcement notice requiring the removal, or discontinuance of the display,\nof an advertisement or sign shall have effect in respect of the whole of the parcel\n(as defined in the Registered Land Act (2004 Revision)) on which the\nadvertisement or sign is displayed.\n(5) Except as otherwise provided in this section, an enforcement notice shall take\neffect at the expiration of such period after the service thereof, as may be\nspecified therein.\n(6) When, within the period mentioned in subsection (5), an application is made to\nthe Director under this Part for permission \u2014\n(a) for the retention on the land of any buildings or works to which the\nenforcement notice relates; or\n(b) for the continuance of any use of the land to which the enforcement notice\nrelates,\nthe operation of the enforcement notice shall be suspended pending the final\ndetermination of the application, and if the permission applied for is granted on\nthat application, the enforcement notice shall not take effect.\n(7) When within the period mentioned in subsection (5), an appeal is made to the\nAuthority under section 19 by a person on whom the enforcement notice was\nserved, the operation of the enforcement notice shall be suspended pending the\nfinal determination or withdrawal of the appeal.\n(8) After the expiry of a period of five days from the date of service of an\nenforcement notice requiring the removal, or discontinuance of the display, of\nan advertisement or sign, the Director, or a person authorised by the Director,\nmay remove the advertisement or sign and dispose of it fifteen days after the\nremoval.\n19.\nAppeal against enforcement notice\n19. (1) A person having an interest in the land to which an enforcement notice relates\nmay, within fourteen days of service of the notice, appeal to the Authority\nagainst the notice, whether or not a copy of it has been served on that person.\n\nSection 19\nDevelopment and Planning Act (2021 Revision)\n\nPage 24\nRevised as at 31st December, 2020\nc\n\n(2) An appeal may be brought on the grounds that \u2014\n(a) the matters alleged in the enforcement notice do not constitute a breach of\nplanning control;\n(b) the breach of planning control alleged in the enforcement notice has not\ntaken place;\n(c) the appellant, being a prospective purchaser of the land to which the\nenforcement notice relates, had served notice on the Director in accordance\nwith section 18(2) and that the Director has failed to notify the appellant\nthat the development to which the enforcement notice relates had been\ncarried out without permission;\n(d) the breach of planning control alleged by the enforcement notice occurred\non a date earlier than five years before the date on which the notice was\nserved;\n(e) the steps required by the enforcement notice to be taken exceed what is\nnecessary to remedy any breach of planning control or to achieve a purpose\nspecified in section 18(3); or\n(f)\nthe period specified in the enforcement notice as the period within which\nany step is to be taken falls short of what should reasonably be allowed.\n(3) On any appeal under this section, the Authority \u2014\n(a) if satisfied that grounds (a), (b), (c) or (d) of subsection (2) have been\nproven, shall quash the enforcement notice;\n(b) if satisfied that a variation of the enforcement notice on grounds (e) or (f)\nor both of subsection (2) would be appropriate, may vary the notice\naccordingly; or\n(c) in any other case, shall dismiss the appeal.\n(4) Where the enforcement notice is varied or the appeal dismissed, the notice,\nunless the Authority otherwise directs, shall take effect on the date of\ndetermination of the appeal.\n(5) Repealed by section 16 of the Development and Planning (Amendment) Act,\n2014 [Law 19 of 2014].\n\nDevelopment and Planning Act (2021 Revision)\nSection 20\n\nc\nRevised as at 31st December, 2020\nPage 25\n\n20.\nSupplementary provisions as to enforcement\n20. (1) If, within the period specified in a enforcement notice, or within such extended\nperiod as the Director may allow, any steps required by the enforcement notice\nto be taken (other than the discontinuance of any use of land) have not been\ntaken, the Director may enter on the land and take those steps and may recover\nas a simple contract debt in any court of competent jurisdiction from the person\nwho is then the owner of the land any expenses reasonably incurred by the\nDirector in that behalf; and if that person, having been entitled to appeal to the\nAuthority under section 19, has failed to make such an appeal, that person shall\nnot be entitled in proceedings under this subsection to dispute the validity of the\naction taken by the Director upon any ground that could have been raised by\nsuch an appeal.\n(2) Any expenses incurred by the owner or occupier of any land for the purposes of\ncomplying with an enforcement notice served under section 18, in respect of\nany development and any sums paid by the owner of any land under\nsubsection (1) in respect of the expenses of the Director in taking steps required\nto be taken by such an enforcement notice, shall be deemed to be incurred or\npaid for the use and at the request of the person by whom the development was\ncarried out.\n(3) Where, by virtue of an enforcement notice, any use of land is required to be\ndiscontinued, or any conditions are required to be complied with in respect of\nany use of land or in respect of the carrying out of operations thereon, then a\nperson who, without the grant of permission in that behalf under this Part, uses\nthe land or causes or permits to be carried out those operations, in contravention\nof the enforcement notice, commits an offence and is liable on summary\nconviction to a fine of five thousand dollars and, in the case of a continuing\noffence, to a further fine of two hundred dollars for every day after the first day\nduring which the use is so continued.\n(4) Nothing in this Part shall be construed as requiring permission to be obtained\nthereunder for the use of any land for the purpose for which it could lawfully\nhave been used under this Part if the development in respect of which an\nenforcement notice served under section 18 had not been carried out.\n\nSection 21\nDevelopment and Planning Act (2021 Revision)\n\nPage 26\nRevised as at 31st December, 2020\nc\n\n21.\nPenalties for failure to comply with certain enforcement notices\n21. (1) Subject to this section, where an enforcement notice has been served under\nsection 18 on the person who was, when the notice was served on that person,\nthe owner or occupier of the land to which the enforcement notice relates and\nwithin the period specified in the enforcement notice, or within such extended\nperiod as the Director may allow, any steps required by the enforcement notice\nto be taken (other than the discontinuance of any use of land) have not been\ntaken, that person commits an offence and is liable on summary conviction to a\nfine of five thousand dollars and, in the case of a continuing offence, to a further\nfine of one thousand dollars for every day after the first day during which the\nrequirements of the enforcement notice (other than the discontinuance of any\nuse of land) remain unfulfilled.\n(2) If a person against whom proceedings are brought under this section has at some\ntime before the end of the period specified in the enforcement notice for\ncompliance with the notice (or of such extended period as the Director may\nallow for compliance with the notice) ceased to be the owner or occupier of the\nland, that person shall, upon information duly laid by that person and on giving\nto the prosecution not less than three days\u2019 clear notice of that person\u2019s intention,\nbe entitled to have the person who then became the owner or occupier of the\nland joined in the proceedings.\n(3) If, after it has been proved that any steps required by the enforcement notice\nhave not been taken as aforesaid, the original defendant proves that the failure\nto take the steps was attributable in whole or in part to the default of the person\njoined in the proceedings as aforesaid, that person may be convicted of the\noffence and if the original defendant further proves that the said original\ndefendant took all reasonable steps to secure compliance with the enforcement\nnotice, the said original defendant shall be acquitted of the offence.\n22.\nContinuing operation of enforcement notices\n22. (1) Compliance with an enforcement notice may call for \u2014\n(a) the demolition or alteration of any buildings or works;\n(b) the discontinuance of any use of land; or\n(c) any other requirements in the enforcement notice.\n(2) Without restricting the generality of subsection (1), where any development is\ncarried out on land by way of reinstating or restoring buildings or works that\nhave been demolished or altered in compliance with an enforcement notice, the\nenforcement notice shall, notwithstanding that its terms are not apt for the\npurpose be deemed to apply in relation to the buildings or works as reinstated\nor restored as it applied in relation to the buildings or works before they were\ndemolished or altered, and section 20(1) and (2) shall apply accordingly.\n\nDevelopment and Planning Act (2021 Revision)\nSection 23\n\nc\nRevised as at 31st December, 2020\nPage 27\n\n(3) Without affecting the operation of section 21, a person who carries out any\ndevelopment on land by way of reinstating or restoring buildings or works that\nhave been demolished or altered in compliance with an enforcement notice\ncommits an offence and is liable on summary conviction to a fine of five\nthousand dollars.\n23.\nStop notice\n23. (1) Where in respect of any land the Director \u2014\n(a) has served a copy of an enforcement notice requiring a breach of planning\ncontrol to be remedied; but\n(b) considers it expedient to prevent before the expiry of the period allowed\nfor compliance with the enforcement notice the carrying on of any activity\nwhich is or is included in a matter alleged by the notice to constitute the\nbreach, then, subject to the following provisions of this section, the\nDirector may, at any time before the notice takes effect, serve a notice (in\nthis Act referred to as a \u201cstop notice\u201d) referring to and having annexed to\nit a copy of the enforcement notice and prohibiting the carrying out of that\nactivity on the land, or on any part of the land specified in the stop notice.\n(2) A stop notice shall not prohibit \u2014\n(a) the use of any building as a dwelling-house; or\n(b) the taking of any steps specified in the enforcement notice as required to\nbe taken in order to remedy the breach of planning control,\nand where an activity has been carried out (whether continuously or otherwise)\nwithout planning permission on land for a period which commenced more than\ntwelve months before the date on which a stop notice is served, the stop notice\nshall not prohibit the carrying out of that activity on that land unless it is, or is\nincidental to, building engineering or other operations.\n(3) A stop notice shall cease to have effect when \u2014\n(a) the enforcement notice is withdrawn or quashed;\n(b) the period allowed for compliance with the enforcement notice expires; or\n(c) notice of the withdrawal of the stop notice is first served under\nsubsection (5),\nand a stop notice shall also cease to have effect if or to the extent that the\nactivities prohibited by it cease, on a variation of the enforcement notice, to be\nincluded in the matters alleged by the enforcement notice to constitute a breach\nof planning control.\n(4) A stop notice may be served by the Director on any person who appears to the\nDirector to have an interest in the land or to be engaged in any activity prohibited\nby the notice; and where a stop notice has been served in respect of any land,\nthe Director may display on the land a notice (in this section referred to as a\n\nSection 24\nDevelopment and Planning Act (2021 Revision)\n\nPage 28\nRevised as at 31st December, 2020\nc\n\n\u201csite notice\u201d) stating that a stop notice has been served and that any person\ncontravening it may be prosecuted for an offence under this section, giving the\ndate when the stop notice takes effect and indicating its requirements.\n(5) The Director may, at any time, withdraw a stop notice (without prejudice to the\npower to serve another) by serving a notice to that effect on the persons served\nwith the stop notice and, if a site notice was displayed in respect of the stop\nnotice, by displaying a notice of the withdrawal in place of the site notice.\n(6) Subject to subsection (7), a person who contravenes, causes or permits the\ncontravention of a stop notice \u2014\n(a) after a site notice has been displayed; or\n(b) if a site notice has not been displayed, more than two days after the stop\nnotice has been served on that person,\ncommits an offence and is liable on summary conviction to a fine of five\nthousand dollars, and if the offence is continued after conviction, commits a\nfurther offence and is liable on summary conviction to a fine of one thousand\ndollars for each day on which the offence is continued.\n(7) In proceedings for an offence under this section it shall be a defence for the\naccused to prove that the stop notice was not served on the accused and that the\naccused did not know, and could not reasonably have been expected to know,\nof its existence.\n(8) A stop notice shall not be invalid by reason that a copy of the enforcement notice\nto which it relates was not served as required by section 18(1), if it is shown that\nthe Director took all such steps as were reasonably practicable to effect proper\nservice.\n(9) Any reference in this section to the period allowed for compliance with an\nenforcement notice shall be construed in accordance with section 20(1) or 21(1).\n24.\nRepealed\n24. Repealed by section 20 of the Development and Planning (Amendment) Act, 2014\n[Law 19 of 2014].\n24A. Grant of injunction\n24A. (1) Where the Director considers it necessary or expedient for any actual or\napprehended breach of planning control to be restrained by injunction, the\nDirector may apply to the Grand Court for an injunction.\n(2) On an application under subsection (1), the Grand Court may grant such an\ninjunction as the Court thinks appropriate for the purpose of restraining the\nbreach.\n\nDevelopment and Planning Act (2021 Revision)\nSection 25\n\nc\nRevised as at 31st December, 2020\nPage 29\n\n25.\nPreservation of trees and woodlands\n25. (1) If it appears to the Authority that it is expedient in the interests of amenity to\nmake provision for the preservation of any tree, trees or woodlands in any area,\nit may, for that purpose, make an order (in this Act referred to as a tree\npreservation order) with respect to any such tree, trees, groups of trees or\nwoodlands as may be specified in the order; and, in particular, provision may be\nmade by any such order \u2014\n(a) for prohibiting (subject to any exemptions for which provision may be\nmade by the order) the cutting down, topping or wilful destruction of trees\nexcept with the consent of the Authority which may be given subject to\nconditions;\n(b) for securing the replanting, in such a manner as may be prescribed by or\nunder the order, of any part of a woodland area that is felled in the course\nof forestry operations permitted by or under the order;\n(c) for applying, in relation to any consent under the order, and to applications\ntherefor, any of the provisions of this Part relating to permission to develop\nland, and to applications for any such permission, subject to such\nadaptations and modifications as may be specified in the order; and\n(d) for the payment by the Authority, subject to such exceptions and\nconditions as may be specified in the order, of compensation in respect of\ndamage or expenditure caused or incurred in consequence of the refusal of\nany consent required under the order, or the grant of any such consent\nsubject to conditions.\n(2) Provision may be made by regulations with respect to the form of tree\npreservation orders and the procedure to be followed in connection with the\nmaking and approval of such orders, and such regulations shall, in particular,\nmake provision for securing \u2014\n(a) that notice shall be given to the owners and occupiers of land affected by\nany such order;\n(b) that objections and representations with respect to the proposed order duly\nmade in accordance with the regulations shall be considered before the\norder is made by the Authority; and\n(c) that copies of the order when it comes into operation shall be served on the\nowners and occupiers of the land to which it relates.\n(3) Notwithstanding subsection (2), where it appears to the Authority that any tree\npreservation order should take effect immediately, they may make the order\nprovisionally without complying with the requirements of any regulations with\nrespect to the consideration of objections and representations, but any order so\nmade shall cease to have effect upon the expiration of two months from the date\n\nSection 26\nDevelopment and Planning Act (2021 Revision)\n\nPage 30\nRevised as at 31st December, 2020\nc\n\non which it is so made unless within that period it has again been made, with or\nwithout modifications, after compliance with those requirements.\n(4) Without limiting the other exemptions for which provision may be made by a\ntree preservation order, no such order shall apply to the cutting down, topping\nor lopping of trees in compliance with any obligation imposed by or under any\nlaw or so far as may be necessary for the prevention or abatement of a nuisance.\n(5) A person who contravenes a tree preservation order, commits an offence and is\nliable on summary conviction to a fine of four hundred dollars and in the case\nof a continuing offence, to a further fine of twenty dollars for every day after\nthe first day during which the contravention is so continued.\n26.\nMangrove buffer\n26. Mangrove buffer as indicated on a development plan shall not be the subject of\ndevelopment or clearance other than by persons authorised in that behalf by the\nAuthority and to the extent and in the manner, if any, directed by them.\n27.\nRepealed\n27. Repealed by section 9 of the Development and Planning (Amendment) Act, 2010\n[Law 30 of 2010].\n28.\nTaking ballast from shoreline an offence\n28. (1) Without prejudice to this or any other law, a person who, without the express\npermission of the Authority, given in writing takes or removes any sand, gravel,\npebbles, stone, coral or other filling from any area between mean high water\nmark and five hundred feet inland thereof, or from any land covered by water,\ncommits an offence and is liable on summary conviction to a fine of five\nhundred dollars and to imprisonment for three months in respect of each\nseparate taking or removal, and a person who aids or abets any person in the\ncommission of such offence shall, on summary conviction, be punishable in the\nsame manner as the principal offender:\nProvided that nothing in this subsection shall apply to the taking or removal for\ndomestic purposes by any person of any of the substances hereinbefore referred\nto in a quantity not exceeding one cubic yard in any one month.\n(2) A person who, in any area or land referred to in subsection (1), is found by any\nconstable in possession or control of sand, gravel, pebbles, stone, coral or other\nfilling loaded or being loaded in or being unloaded from any vehicle shall be\ndeemed to have contravened subsection (1) until the person proves the contrary.\n29.\nApplication of Part III to development in Cayman Brac and Little Cayman\n29. For the avoidance of doubt it is hereby declared that this Part shall apply to the\ndevelopment of land in Cayman Brac and Little Cayman irrespective of whether any\nof the functions of the Authority under this Part have been delegated to the Board.\n\nDevelopment and Planning Act (2021 Revision)\nSection 29A\n\nc\nRevised as at 31st December, 2020\nPage 31\n\nPART IIIA-Land Adversely Affecting Amenity of\nNeighbourhood\n29A. Power to require proper maintenance of land\n29A. (1) If it appears to the Authority that the amenity of an area is adversely affected or\nseriously injured by reason of the ruinous, dilapidated or other condition of any\nbuilding, structure, fence or wall, or by the condition of land due to the deposit\nof refuse, spoil or derelict vehicles or equipment, or the occupation of land or a\nroad for purposes of the repair of vehicles or equipment, it may serve a notice\nunder this section on \u2014\n(a) the owner or occupier of the land or building; or\n(b) the person responsible for causing the condition of the land or building.\n(2) The notice shall require such steps for remedying the condition of the land or\nbuilding as may be specified in the notice to be taken within such period as may\nbe so specified.\n(3) Subject to the following provisions of this Part, the notice shall take effect at the\nend of such period as may be specified in the notice.\n29B. Penalty for non-compliance with notice under section 29A\n29B. (1) The provisions of this section shall have effect where a notice has been served\nunder section 29A.\n(2) If any owner or occupier of the land or building on whom the notice was served\nfails to take steps required by the notice within the period specified in it for\ncompliance with it, that owner or occupier commits an offence and is liable on\nsummary conviction to a fine of \u2014\n(a) five thousand dollars per day from the date that the notice takes effect in\naccordance with section 29A(3) in relation to land or a building in a zone\nother than a Hotel\/Tourism zone or a Commercial zone as defined in the\nDevelopment and Planning Regulations (2021 Revision); or\n(b) twenty-five thousand dollars per day from the date that the notice takes\neffect in accordance with section 29A(3) in relation to land or a building\nin a Hotel\/Tourism zone or a Commercial zone as so defined,\nand, in default of the payment of the fine, to imprisonment for a term of six\nmonths.\n(3) Where proceedings have been brought under subsection (2) against a person as\nthe owner of the land or building and that owner has, at some time before the\nend of the compliance period, ceased to be the owner of the land or building, if\nthat previous owner \u2014\n(a) duly lays information to that effect; and\n\nSection 29B\nDevelopment and Planning Act (2021 Revision)\n\nPage 32\nRevised as at 31st December, 2020\nc\n\n(b) gives the prosecution not less than three clear days\u2019 notice of that owner\u2019s\nintention,\nthat previous owner shall be entitled to have the person who then became the\nowner of the land or building brought before the court in the proceedings.\n(4) Where proceedings have been brought under subsection (2) against a person as\nthe occupier of the land or building and that person has, at some time before the\nend of the compliance period, ceased to be the occupier of the land or building,\nif that person \u2014\n(a) duly lays information to that effect; and\n(b) gives the prosecution not less than three clear days\u2019 notice of that person\u2019s\nintention,\nthat person shall be entitled to have brought before the court in the proceedings\nthe person who then became the occupier of the land or building or, if nobody\nthen became the occupier, the person who is the owner at the date of the notice.\n(5) Where in such proceedings \u2014\n(a) it has been proved that any steps required by the notice under section 29A\nhave not been taken within the compliance period; and\n(b) the original defendant proves that the failure to take those steps was\nattributable, in whole or in part, to the default of a person specified in the\nnotice under subsection (3) or (4),\nthen \u2014\n(i)\nthat person may be convicted of the offence; and\n(ii) if the original defendant also proves that that original defendant took\nall reasonable steps to ensure compliance with the notice, that\noriginal defendant shall be acquitted of the offence.\n(6) If, after a person has been convicted under the previous provisions of this\nsection, that person does not as soon as practicable do everything in that person\u2019s\npower to secure compliance with the notice, that person commits a further\noffence and is liable on summary conviction to a fine of \u2014\n(a) one hundred dollars for each day following that person\u2019s first conviction\non which any of the requirements of the notice remain unfulfilled, in\nrelation to land or a building in a zone other than a Hotel\/Tourism zone or\na Commercial zone as defined in the Development and Planning\nRegulations (2021 Revision); or\n(b) two thousand dollars for each day following that person\u2019s  first conviction\non which any of the requirements of the notice remains unfulfilled in\nrelation to land or a building in a Hotel\/Tourism zone or a Commercial\nzone as so defined,\n\nDevelopment and Planning Act (2021 Revision)\nSection 29C\n\nc\nRevised as at 31st December, 2020\nPage 33\n\nand, in default of the payment of the fine, to imprisonment for a term of three\nmonths.\n(7) Any reference in this section to the compliance period, in relation to a notice, is\na reference to the period specified in the notice for compliance with it.\n29C. Appeal to summary court against notice under section 29A\n29C. (1) A person on whom a notice under section 29A is served, or any other person\nhaving an interest in the land to which the notice relates, may, at any time within\nthe period specified in the notice as the period at the end of which it is to take\neffect, appeal against the notice on any of the following grounds \u2014\n(a) that the condition of the land or building to which the notice relates does\nnot adversely affect the amenity of the area;\n(b) that the condition of the land or building to which the notice relates is\nattributable to, and is such as results in the ordinary course of events from,\nthe carrying on of operations or a use of land which is not in contravention\nof Part III;\n(c) that the requirements of the notice exceed what is necessary for preventing\nthe condition of the land or building from adversely affecting the amenity\nof the area; and\n(d) that the period specified in the notice as the period within which any steps\nrequired by the notice are to be taken falls short of what should reasonably\nbe allowed.\n(2) An appeal under this section shall be made to a court of summary jurisdiction.\n(3) Where such an appeal is brought, the notice to which it relates shall be\nsuspended and shall not take effect pending the final determination or\nwithdrawal of the appeal.\n(4) On such an appeal, the court may correct any informality, defect or error in the\nnotice if satisfied that the informality, defect or error is not material.\n(5) On the determination of such an appeal the court shall give directions for giving\neffect to its determination, including, where appropriate, directions for quashing\nthe notice or for varying the terms of the notice in favour of the appellant.\n(6) Where the notice is varied or the appeal dismissed or withdrawn by the\nappellant, the notice, unless the court directs otherwise, shall take effect on the\ndate of determination of the appeal.\n(7) Where any person has appealed to a court under this section against a notice,\nneither that person nor any other shall be entitled, in any other proceedings\ninstituted after the making of the appeal, to claim that the notice was not duly\nserved on the person who appealed.\n\nSection 29D\nDevelopment and Planning Act (2021 Revision)\n\nPage 34\nRevised as at 31st December, 2020\nc\n\n29D. Appeal to Grand Court\n29D. Where an appeal has been brought under section 29C, an appeal against the decision\nof the court of summary jurisdiction on that appeal may be brought to the Grand Court\nby the appellant or by the Authority.\n29E. Execution and cost of works required by notice under section 29A\n29E. (1) If, within the period specified in a notice under section 29A in accordance with\nsubsection (2) of that section, any steps required by the notice to be taken have\nnot been taken, the Authority may \u2014\n(a) enter the land or building and take those steps; and\n(b) recover from the person who is then the owner of the land or building any\nexpenses reasonably incurred by the Authority in doing so.\n(2) Where a notice has been served under section 29A \u2014\n(a) any expenses incurred by the owner or occupier of any land or building for\nthe purpose of complying with the notice; and\n(b) any sums paid by the owner of any land or building under subsection (1)\nin respect of expenses incurred by the Authority in taking steps required\nby such a notice,\nshall be deemed to be incurred or paid for the use and at the request of the person\nwho caused or permitted the land or building to come to be in the condition in\nwhich it was when the notice was served.\n(3) Where by virtue of this section any expenses are recoverable by the Authority,\nthose expenses shall be recoverable as a simple contract debt in any court of\ncompetent jurisdiction, or there may be the imposition of a caution or restriction\non the property in accordance with Part VIII of the Registered Land Act (2004\nRevision).\nPART IV-Repealed\n30.\nRepealed\n30. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016\n[Law 44 of 2016].\n31.\nRepealed\n31. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016\n[Law 44 of 2016].\n\nDevelopment and Planning Act (2021 Revision)\nSection 32\n\nc\nRevised as at 31st December, 2020\nPage 35\n\n32.\nRepealed\n32. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016\n[Law 44 of 2016].\n33.\nRepealed\n33. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016\n[Law 44 of 2016].\n34.\nRepealed\n34. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016\n[Law 44 of 2016].\n35.\nRepealed\n35. Repealed by section 6 of the Development and Planning (Amendment) Act, 2016\n[Law 44 of 2016].\nPART V-Acquisition and Disposal of Land for Planning\nPurposes\n36.\nAcquisition of land\n36. (1) Where any land is designated in a development plan made under Part II as\nsubject to acquisition by the Authority or may otherwise be acquired by the\nAuthority under this Act then the Authority may notify the Cabinet of its\nintention so to acquire such land and thereupon the Cabinet may proceed to\nacquire such land pursuant to the Land Acquisition Act (1995 Revision) as land\nneeded for a public purpose.\n(2) Any land acquired by the Cabinet at the instance of the Authority pursuant to\nthis section shall be held by the Cabinet or transferred to any other person, in\npursuance of this Act.\n(3) Nothing in this section shall be deemed to prevent the acquisition by agreement\nof any land mentioned in subsection (1).\n37.\nAmendment of section 21 of the Land Acquisition Act (1995 Revision) for the\npurpose of this Act\n37. For the purposes of determination of compensation for the compulsory acquisition of\nland under this Act, the Land Acquisition Act (1995 Revision) shall be construed as if\nthere were substituted for paragraph (a) of section 21 the following \u2014\n\u201c(a) the amount which the land might have been expected to realise\nif, in the condition in which it was at the date of notification of\nintention of appropriation, either in a development plan or\n\nSection 38\nDevelopment and Planning Act (2021 Revision)\n\nPage 36\nRevised as at 31st December, 2020\nc\n\notherwise, it had been sold in the open market by a willing seller\nat a date not less than twelve months prior to that date..\u201d\nPART VI-Repealed\n38.\nRepealed\n38. Repealed by section 26 of the Development and Planning (Amendment) Act, 2014\n[Law 19 of 2014].\nPART VII-Supplemental\n39.\nPowers of entry\n39. (1) Any person duly authorised in writing by the Authority may, at any reasonable\ntime, enter upon any land \u2014\n(a) for the purpose of examining it to determine if there has been any\ncontravention of Part III;\n(b) to determine whether any of the powers conferred on the Authority or the\nBoard should be exercised in relation to any land and, if so, the manner in\nwhich such power should be exercised;\n(c) to ascertain whether there has been compliance with any requirement\nimposed as a result of the exercise of any such power in relation to any\nland; or\n(d) for the purpose of surveying it or estimating its value in connection with \u2014\n(i)\nthe preparation, approval, making or amendment of a development\nplan relating to the land under Part II, including the carrying out of\nany survey under that Part;\n(ii) any application under Part III, or under any order or regulations made\nthereunder, for any permission, consent or determination to be given\nor effected in relation to that or any other land under Part III or under\nany such order or regulations;\n(iii) any proposal by the Authority to serve or make any notice or order\nunder Part III or under any such order or regulations as aforesaid; or\n(iv) any claim for compensation payable by the Authority under this Act.\n       (1A) A person authorised under this section to enter upon any land has, for the\npurpose of performing that person\u2019s duties under this Act, all the powers,\nprivileges and immunities of a constable.\n(2) A person authorised under this section to enter upon any land shall, if so\nrequired, produce evidence of that person\u2019s authority before so entering, and\n\nDevelopment and Planning Act (2021 Revision)\nSection 40\n\nc\nRevised as at 31st December, 2020\nPage 37\n\nshall not demand admission as of right to any land that is occupied unless\ntwenty-four hours notice of the intended entry has been given to the occupier.\n(3) A person who wilfully obstructs or fails to comply with a lawful instruction\nissued by a person acting in the exercise of that person\u2019s powers under this\nsection commits an offence and is liable on summary conviction to a fine of one\nhundred dollars.\n(4) Where the land is damaged in the exercise of a power of entry conferred under\nthis section or in the making of any survey for the purpose of which any such\npower of entry has been so conferred, compensation in respect of that damage\nmay be recovered from the Authority by any person interested in the land.\n(5) Any power conferred by this section to survey land shall be construed as\nincluding power to search and bore for the purpose of ascertaining the nature of\nthe subsoil.\n(6) A person shall not carry out any works authorised by subsection (5) unless\nnotice of that person\u2019s intention so to do has been included in the notice required\nby subsection (2).\n40.\nService of notices\n40. (1) Subject to this section, any notice or other document required or authorised to\nbe served or given under this Act, or under any regulation, order, direction or\ninstrument in writing under this Act may be served or given either \u2014\n(a) by delivering it to the person on whom it is to be served or to whom it is\nto be given;\n(b) by leaving it at the usual or last known place of abode of that person, or in\nthe case in which an address for service has been furnished by that person,\nat that address;\n(c) by sending it in a prepaid registered letter or by certified mail addressed to\nthat person at that person\u2019s usual or last known place of abode, or in any\ncase in which an address for service has been furnished by that person, at\nthat address;\n(d) by sending it in a prepaid registered letter or by certified mail addressed to\nthat person at that person\u2019s address as stated in the Land Register; or\n(e) by sending it via facsimile or electronic mail,\nbut a notice required to be served on any person pursuant to section 15(4) shall\nbe served by sending it in a prepaid registered letter or by certified mail\naddressed to that person at that person\u2019s address as stated in the Land Register.\n(2) Where the notice or document is required or authorised to be served on any\nperson as having an interest in premises and the name of that person cannot be\nascertained after reasonable inquiry, or where the notice or document is required\n\nSection 41\nDevelopment and Planning Act (2021 Revision)\n\nPage 38\nRevised as at 31st December, 2020\nc\n\nor authorised to be served on any person as an occupier of premises the notice\nshall be deemed to be duly served if \u2014\n(a) being addressed to the person either by name or by the description of \u201cthe\nowner\u201d or \u201cthe occupier\u201d, as the case may be, of the premises (describing\nthem) it is delivered or sent in the manner prescribed by paragraph (a), (b),\n(c) or (d) of subsection (1); or\n(b) being addressed as aforesaid and marked in such a manner that is plainly\nidentifiable as a communication of importance, it is sent in a prepaid\nregistered letter or by certified mail to the premises and is not returned to\nthe Authority sending it, or is delivered to some person on those premises\nor is affixed conspicuously to some object on those premises.\n(3) Where the notice or other document is required to be served on or given to all\npersons having interests in or being occupiers of, premises comprised in any\nland, and it appears that any part of that land is unoccupied, or in the case of an\nenforcement notice requiring the removal, or discontinuance of the display, of\nan advertisement or sign, the notice shall be deemed to be duly served on all\npersons having interests in, and on any occupiers of, premises comprised in that\npart of the land (other than a person who has furnished an address for the service\nof the notice on that person) if it is addressed to \u201cthe owners and any occupiers\u201d\nof that part of the land (describing it), and is affixed conspicuously to some\nobject on the land.\n(4)  For the purposes of this section, \u201ccertified mail\u201d means mail delivered by a\npostal or courier service by which the person who delivers the mail obtains the\nsignature of the recipient of the mail on a form as proof of delivery to the\nspecified addressee and if the addressee is not found the mail is returned to the\nsender.\n41.\nPowers to require information\n41. The Authority may, for the purpose of enabling it to make any order or serve any\nnotice or other document that they are by this Act authorised or required to make or\nserve, require the occupier of any premises and any person who, either directly or\nindirectly, receives rent in respect of any premises, to state in writing the nature of\nthat person\u2019s interest therein, and the name and address of any other person known to\nthat person as having an interest therein, whether as freeholder, mortgagee, lessee or\notherwise; and a person who, having been required in pursuance of this section to\ngive information, fails to give that information or knowingly makes any misstatement\nin respect thereof, commits an offence and is liable on summary conviction to a fine\nof five hundred dollars.\n42.\nRegulations\n42. (1) The Cabinet may make regulations for the better carrying out of this Act and for\ngiving effect thereto and in particular \u2014\n\nDevelopment and Planning Act (2021 Revision)\nSection 42\n\nc\nRevised as at 31st December, 2020\nPage 39\n\n(a) for prescribing the form of any notice, order or other document or thing\nauthorised or required by this Act to be served made, issued or done;\n(b) for any purpose for which regulations are authorised or required to be made\nunder this Act and for prescribing anything that by this Act is required or\nauthorised to be prescribed by regulations;\n(c) for securing with respect to the constructing of buildings (including the\nmaterials used and design) that specified standards are observed (including\na building code); and for securing the installation of suitable and adequate\ndrains and drainage systems in connection with the buildings;\n(d) in relation to the construction of buildings for securing the proper access\nof air and light to buildings and parts of buildings and for prescribing the\nminimum dimensions of rooms in buildings;\n(e) for empowering such authorities or persons as may be specified in the\nregulations to administer or execute the regulations and to make orders,\nimpose requirements or give directions for the purposes of the regulations;\n(f)\nfor empowering such authorities or persons as may be specified in the\nregulations to take measures, including the entry and inspection of any\nland or building and the carrying out of works, to secure compliance with\nthe regulations or any order, requirement or direction made, imposed or\ngiven thereunder; and for enabling such authorities or persons to recover\nexpenses incurred by them in the exercise of any such power;\n(g) without prejudice to any other provision of this Act, for prescribing fees,\ntariffs or charges for any service provided under this Act;\n(h) for the review of decisions given under the regulations;\n(i)\nin amplification of any of the matters specified in Schedule 2;\n(j)\nfor the public notification of applications for development the grant of\nwhich may injure neighbouring landowners, the right of objection of such\nlandowners to the decision of the Authority or Board and the right of\nappeal of objectors; and\n(k) for the payment of interest and for grant of relief from taxes in any case\nwhere there is an unreasonable delay in an acquisition by the Authority,\nand for the grant of relief in cases where the application of this Act relating\nto compensation operates inequitably.\n(2) Any regulations made under this Act may be made so as to apply generally or\nin relation to any particular area specified in the regulations.\n(3) No regulations shall be made pursuant to this Act unless a draft thereof has been\nlaid before the Cayman Islands Parliament and a resolution approving the draft\nhas been passed by the Cayman Islands Parliament.\n\nSection 43\nDevelopment and Planning Act (2021 Revision)\n\nPage 40\nRevised as at 31st December, 2020\nc\n\n(4) Any regulation made under this Act may provide for the imposition of a fine of\nfive thousand dollars and imprisonment for six months for any contravention of,\nor failure to comply with, such regulation.\n43.\nDevelopment Plan Tribunals\n43. (1) For the purposes of enquiries under section 11(3) there may be established such\none or more Development Plan Tribunals as the Cabinet may determine.\n(2) A Development Plan Tribunal shall consist of a chairperson, a deputy\nchairperson (who in the temporary absence or inability to act of the chairperson\nshall act as chairperson) and such other members not exceeding three in number,\nall of whom shall be appointed by, and hold office at the pleasure of the Cabinet.\n(3) Three members of the Development Plan Tribunal Board shall form a quorum.\n(4) Members of the Development Plan Tribunal shall be entitled to be paid out of\nthe Treasury subsistence and travelling allowances at the same rates as those\npaid to members of the Tribunal.\n(5) A Development Plan Tribunal and its members shall \u2014\n(a) have the same duties;\n(b) enjoy the same powers, privileges and immunities; and\n(c) follow the same procedures and rules as the Tribunal and its members.\n44.\nApplication to land regulated by special enactments\n44. For the avoidance of doubt it is hereby declared that the provisions of this Act, and\nany restrictions or powers thereby imposed or conferred in relation to land, apply and\nmay be exercised in relation to any land notwithstanding that provision is made by\nany law or statutory instrument in force on the 17th day of January, 1972 for\nauthorising or regulating any development of the land.\n45.\nUnfinished buildings\n45. (1) Subject to this section, where any works for the erection or alteration of a\nbuilding have been begun but not completed before the appointed day, then if\nany permission required under the former Law (The now repealed Land\nDevelopment (Interim Control) Law, 1969 [Law 2 of 1969]) for the carrying out\nof these works has been granted, planning permission shall by virtue of this\nsection be deemed to have been granted under Part III in respect of the\ncompletion of those works.\n (2) The permission deemed to have been granted by virtue of this section shall be\ndeemed to have been so granted subject to any conditions imposed by the\npermission granted under the former Law and shall include permission to use\nthe building when erected or altered for the purpose for which the building, or\nthe building as altered, is designed.\n\nDevelopment and Planning Act (2021 Revision)\nSection 46\n\nc\nRevised as at 31st December, 2020\nPage 41\n\n46.\nTribunal\n46. (1) For the purposes of this Act there is established a Tribunal which shall\nconsist of \u2014\n(a) a Chairperson;\n(b) no more than seven Deputy Chairpersons; and\n(c) seven other members,\nall of whom shall be appointed by and hold office at the pleasure of the Cabinet.\n(2) In the temporary absence or inability to act of the Chairperson, any Deputy\nChairperson may act as Chairperson and exercise all the powers and functions\nof the Chairperson.\n(3) Three members of the Tribunal shall form a quorum.\n(4) Members of the Tribunal shall be entitled to be paid out of the Treasury\nsubsistence and travelling allowances at a rate equivalent to the agreed rate paid\nto members of the Cayman Islands Parliament.\n47.\nCayman Brac and Little Cayman Appeals Tribunal\n47. (1) For the purposes of this Act, there is hereby established for Cayman Brac and\nLittle Cayman an Appeals Tribunal which shall consist of a Chairperson and\nfive other members appointed by and holding office at the pleasure of the\nCabinet and the Chairperson shall be a person holding the office of Magistrate\nand the members shall be persons for the time being resident in Cayman Brac\nor Little Cayman.\n(2) The Chairperson and any two other members of the Appeals Tribunal shall form\na quorum.\n(3) Members of the Appeals Tribunal (other than the Chairperson) shall be entitled\nto be paid out of the Treasury subsistence and travelling allowances at a rate\nequivalent to the agreed rate paid to members of the Cayman Islands Parliament.\n48.\nAppeals against decisions of Authority\n48. (1)  Any person who has applied for planning permission, or who has objected to an\napplication for planning permission after being notified of the application in\naccordance with regulations made under this Act, and who is aggrieved by a\ndecision of the Authority in respect of the application, may, within fourteen days\nof notification of that decision under section 40, or within such longer period as\nthe Tribunal may in any particular case allow for good cause, appeal against that\ndecision to the Tribunal on the ground that it is \u2014\n(a) erroneous in law;\n(b) unreasonable;\n(c) contrary to the principles of natural justice; or\n\nSection 48\nDevelopment and Planning Act (2021 Revision)\n\nPage 42\nRevised as at 31st December, 2020\nc\n\n(d) at variance with any development plan having effect in relation thereto,\nbut not otherwise; and such appeal shall be heard by the Tribunal within six\nmonths of such appeal being lodged, and such appeal shall be heard and\ndetermined based on the record of the hearing to which it relates in accordance\nwith any rules made hereunder.\n(2) After hearing an appeal hereunder, the Tribunal may confirm, reverse or modify\nany decision of the Authority or may in appropriate circumstances remit the\nmatter to the Authority with or without directions as to rehearing the matter, and\nmay make such order (including any order for costs) as it thinks just and where\nthe Tribunal finds that an appeal has been made which is frivolous and\nvexatious, the Tribunal may award costs on an indemnity basis against the\nappellant.\n(3) In the event of the Tribunal being equally divided in the matter of any decision\nthe Chairperson shall have a second or casting vote.\n(4) Any person aggrieved by a decision of the Tribunal under subsection (2) may,\nwithin fourteen days, appeal against that decision to the Grand Court on the\nground that it is \u2014\n(a) erroneous in law;\n(b) unreasonable;\n(c) contrary to the principles of natural justice; or\n(d) at variance with a development plan having effect in relation thereto,\nbut not otherwise.\n(5) After hearing the parties to an appeal under subsection (4), the Grand Court may\nconfirm, reverse or modify any decision of the Tribunal.\n(6) The Chief Justice shall make rules for the better carrying out of this section, for\nthe procedure and forms to be used for the admission of evidence and fees to be\npaid on any appeal under this Act.\n(7) Any person aggrieved by a decision of the Grand Court under subsection (5)\nmay, within fourteen days, appeal against that decision to the Court of Appeal\non a point of law, and the decision of the Court of Appeal shall be final and\nbinding upon the parties affected thereby.\n\nDevelopment and Planning Act (2021 Revision)\nSection 49\n\nc\nRevised as at 31st December, 2020\nPage 43\n\n49.\nAppeals against decisions of Board\n49. (1) Any person who has applied for planning permission, or who has objected to an\napplication for planning permission after being notified of the application in\naccordance with regulations made under this Act, and who is aggrieved by a\ndecision of the Board in respect of the application, may, within fourteen days of\nnotification of that decision under section 40, or within such longer period as\nthe Appeals Tribunal may in any particular case allow for good cause, appeal\nagainst that decision to the Appeals Tribunal on the ground that it is \u2014\n(a) erroneous in law;\n(b) unreasonable;\n(c) contrary to the principles of natural justice; or\n(d) at variance with any development plan having effect in relation thereto,\nbut not otherwise; and such appeal shall be heard by the Appeals Tribunal within\nsix months of such appeal being lodged, and such appeal shall be heard and\ndetermined based on the record of the hearing to which it relates in accordance\nwith any rules made hereunder.\n(2) Section 48(2), (4), (5), (6) and (7) shall apply to appeals under this section as if\nreferences in that section to \u201cthe Tribunal\u201d were references to the Appeals\nTribunal.\n(3) The Chairperson of the Appeals Tribunal shall not have an original vote but in\nthe event of the other members of the Tribunal being equally divided the\nChairperson of the Appeals Tribunal shall have a casting vote.\n50.\nAnnual report\n50. The Authority shall, during the month of March in every year, submit a report to the\nCabinet for the information of the Cayman Islands Parliament containing an account\nof the Authority\u2019s activities during the twelve months ending on the 31st December\nimmediately preceding the date of the report.\n51.\nSaving of existing laws\n51. (1) Subject to subsection (2), nothing in this Act shall derogate from the \u2014\n(a) Animals Act (2015 Revision);\n(aa) Electricity Act (2008 Revision);\n(ab) Electricity Sector Regulation Act (2019 Revision);\n(b) Governor (Vesting of Lands) Act (2005 Revision);\n(c) Hotels Aid Act (1995 Revision);\n(d) Land Acquisition Act (1995 Revision);\n(da) National Conservation Act [Law 24 of 2013];\n(e) Minerals (Vesting) Act (1998 Revision);\n\nSection 52\nDevelopment and Planning Act (2021 Revision)\n\nPage 44\nRevised as at 31st December, 2020\nc\n\n(f)\nMining Act (1997 Revision);\n(g) Mosquito (Research and Control) Act (2007 Revision);\n(h) Petroleum Act (1998 Revision);\n(i)\nPublic Health Act (2021 Revision); and\n(j)\nRoads Act (2005 Revision).\n(2) Where, but for subsection (1), the exercise of any power under any of the\nenactments specified under that subsection would contravene any development\nplan or require planning permission under Part III, then such power shall be\nexercised in consultation with the Authority and, in the event of any dispute\nbetween the Authority empowered to exercise such power and the Authority,\nthe dispute shall be referred to the Cabinet for determination.\n52.\nFinancial provision\n52. Subject to the appropriation by the Cayman Islands Parliament of the requisite funds,\nthe cost of the administration and giving effect to this Act shall be a charge on the\nTreasury.\n53.\nApplication\n53. (1) This Act binds the Crown but where the Cabinet decides that the public interest\nrequires, the Cabinet may, by Order published in the Gazette, waive the\nrequirement to obtain permission pursuant to section 13; but nothing in this\nsubsection shall be construed so as to allow the Cabinet to waive any other\nrequirement of this Act or any regulations made under this Act.\n (2) The Cabinet may, in any particular case, waive or order the refund of any fee\nprescribed in Schedule 1 to the Development and Planning Regulations (2021\nRevision); but nothing in this subsection shall be construed so as to allow the\nCabinet to waive or order the refund of any other fee prescribed by this Act or\nany regulations made under this Act.\n(3) The Cabinet may, by written instrument, delegate any of its powers under\nsubsection (2) to a Minister; but a delegation under this subsection is revocable\nat will and does not prevent the exercise by the Cabinet of any power so\ndelegated.\n(4) In subsection (3), \u201cMinister\u201d means a member of the Cabinet who is appointed\nunder the Cayman Islands Constitution Order 2009, U.K.S.I. 2009 No. 1379, as\nthe Premier or other Minister.\n54.\nGeneral penalty\n54. A person who contravenes any provision of this Act for which no penalty is elsewhere\nprescribed commits an offence and is liable on summary conviction to a fine of five\nthousand dollars and to imprisonment for one year.\n\nDevelopment and Planning Act (2021 Revision)\nSection 55\n\nc\nRevised as at 31st December, 2020\nPage 45\n\n55.\nTransitional provisions\n55. (1) Every application for permission to develop land made under the former Law\nand wholly or partly dealt with by the Authority or Board as at the 30th July,\n2002, is to be continued and dealt with in all respects as if the new Law had not\ncome into force.\n(2) Permission to develop land, granted as a result of an application determined\nunder subsection (1), is to be granted on the same terms and conditions that\nwould have applied if the new Law had not come into force.\n(3) In the case of an appeal against \u2014\n(a) any decision of the Authority or the Board; or\n(b) any decision or order of the Tribunal or the Appeals Tribunal,\nthat has been commenced but not finally determined before the new Law comes\ninto force, the appeal is to continue to be dealt with as if the new Law had not\ncome into force; and when the appeal is finally determined, the former Law is\nto apply subject to any necessary modifications as if the appeal had been finally\ndetermined before the new Law came into force.\n(4) Any permission to develop land, granted under the former Law and in force\nimmediately before the date of commencement of the Development and\nPlanning (Amendment) Act, 2014 (Law 19 of 2014) \u2014\n(a) shall have effect from that date, as if granted under the new Law; and\n(b) in the case of permission granted for a limited period only, shall remain in\nforce, subject to the provisions of the new Law, for so much of that period\nas falls after that date.\n(5) In this section \u2014\n\u201cAppeals Tribunal\u201d, \u201cAuthority\u201d, \u201cBoard\u201d and \u201cTribunal\u201d have the\nrespective meanings assigned to those expressions by section 2(1) of the\nprincipal Act;\n\u201cformer Law\u201d means the Act in force immediately before the date of\ncommencement of the Development and Planning (Amendment) Act , 2014\n[Law 19 of 2014];\n\u201cnew Law\u201d means the principal Act as amended by the Development and\nPlanning (Amendment) Act, 2014 [Law 19 of 2014]; and\n\u201cpermission granted for a limited period only\u201d has the meaning assigned to\nthat expression by section 15(2) of the principal Act.\n\nDevelopment and Planning Act (2021 Revision)\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2020\nPage 47\n\n SCHEDULE 1\nCONSTITUTION AND PROCEDURE OF AUTHORITY AND BOARD\n(section 3 (5))\n1.\nA member of the Authority or Board shall, subject to this Schedule, hold office for a\nperiod not exceeding two years but such member shall be eligible for re-appointment.\n2.\nThe Cabinet may appoint any person to act temporarily in the place of the\nChairperson, Deputy Chairperson or a member of the Authority or Board in the case\nof the absence or inability to act of the Chairperson, Deputy Chairperson or of such\nmember, as the case may be.\n3.\nThe Chairperson, Deputy Chairperson or any member may, at any time, resign that\nmember\u2019s office by instrument in writing addressed to the Cabinet and such\nresignation shall take effect as from the date of receipt of such instrument by the\nCabinet.\n4.\nThe Cabinet may, at any time, revoke the appointment of any member, including the\nChairperson or the Deputy Chairperson.\n5.\nThe Authority or Board shall meet at such times as may be necessary or expedient for\nthe transaction of business, and such meetings shall be held at such places and times\nand on such days as the Chairperson may determine.\n6.\nIf the Chairperson is absent from a meeting the other members present at the meeting\nshall elect one of their number to preside thereat as Chairperson.\n7.\nThe quorum of the Authority shall consist of five members and the quorum of the\nBoard of three members.\n8.\nThe decisions of the Authority or Board shall be by a majority of votes of members\npresent and voting and, in addition to an original vote, the Chairperson shall have a\nsecond or casting vote in any case in which the voting is equal.\n9.\nMinutes in proper form of each meeting shall be kept by the secretary and shall be\nconfirmed by the Chairperson as soon as practicable at a subsequent meeting.\n10. Subject to this Schedule the Authority and Board shall have power to regulate their\nown proceedings.\n11. The validity of any proceedings of the Authority or Board shall not be affected by\nany vacancy amongst the members thereof or by any defect in the appointment of a\nmember thereof.\n12. The Authority and Board shall have the power to co-opt any person whom it considers\nable to assist it in its deliberations and, in that event, any person so co-opted shall be\ndeemed to be a member for so long as the person is co-opted save that such person\nshall have no vote and shall not be counted for the purposes of constituting a quorum.\n\nSCHEDULE 1\nDevelopment and Planning Act (2021 Revision)\n\nPage 48\nRevised as at 31st December, 2020\nc\n\n13. In this Schedule \u2014\n\u201cChairperson\u201d includes a person appointed or elected as the case may be to act\ntemporarily in place of the Chairperson appointed by the Cabinet.\n\nDevelopment and Planning Act (2021 Revision)\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2020\nPage 49\n\nSCHEDULE 2\nMATTERS FOR WHICH PROVISION MAY BE MADE IN\nDEVELOPMENT PLANS\n(section 9(4))\nPART I-Roads\n1.\nReservation of land for roads and establishment of rights of way.\n2.\nClosing or diversion of existing roads and rights of way.\n3.\nConstruction of new roads and alteration of existing roads.\n4.\nThe line, width, level, construction, access to and egress from, and the general\ndimensions and character of roads, whether new or existing.\n5.\nProviding for and generally regulating the construction or execution of works\nincidental to the making or improvement of any road, including the erection of\nbridges, culverts, gullies, fencing, barriers, shelters, the provision of artificial lighting,\nand seats and the planting or protecting of grass, trees and shrubs on or adjoining such\nroad.\nPART II-Buildings and Other Structures\n1.\nRegulating and controlling, either generally or in particular areas \u2014\n(a) the size and height and bulk of buildings;\n(b) building lines, site coverage and the space about buildings and on site parking;\n(c) the objects which may be affixed to buildings;\n(d) the purposes for and the manner in which buildings may be used or occupied\nincluding in the case of dwelling-houses, the letting thereof in separate\ntenements; and\n(e) the prohibition of building or other operations on any land, or regulating such\noperations.\n2.\nRegulating and controlling the design and materials of buildings and fences, boundary\nwalls and sea walls.\n3.\nAllocating any particular land, or all land in any particular area, for buildings of a\nspecified class or classes, or prohibiting or restricting either permanently or\ntemporarily, the making of any building or any particular class or classes of buildings\non any specified land.\n4.\nLimiting the number of buildings or the number of buildings of a specified class\nwhich may be constructed, erected or made over, on, in or under any area.\n\nSCHEDULE 2\nDevelopment and Planning Act (2021 Revision)\n\nPage 50\nRevised as at 31st December, 2020\nc\n\nPART III-Community Planning\n1.\nProviding for the control of land by zoning or designating it for specific uses.\n2.\nRegulating the lay-out of housing areas including density, site coverage, subdivisions,\nspacing, grouping and orientation of houses in relation to roads, open spaces and other\nbuildings.\n3.\nDetermining the provision and site of community facilities including shops, schools,\nchurches, meeting halls, play centres and recreation grounds in relation to the number\nand site of houses.\nPART IV-Amenities\n1.\nAllocation of land as open spaces whether public or private.\n2.\nAllocation of land for burial grounds and crematoria.\n3.\nAllocation of land \u2014\n(a) for communal parks;\n(b) for bird sanctuaries;\n(c) for the protection of marine life.\n4.\nPreservation of buildings, reefs, sites and objects of artistic, architectural,\narchaeological or historical interest.\n5.\nPreservation or protection of woods, trees, shrubs, plants and flowers.\n6.\nProhibiting, restricting and controlling, either generally or in particular places, the\nexhibition, whether on the ground, or any building or any temporary erection whether\non land or in water, or in the air, of all or any particular forms of advertisement or\nother public notices.\n7.\nPreventing, remedying or removing injury to amenities arising from the ruinous or\nneglected condition of any building or fence, boundary wall, sea wall, or by the\nobjectionable or neglected condition of any land attached to a building or fence or\nabutting on a road or situate in a residential area.\n8.\nProhibiting, regulating and controlling the deposit or disposal of waste materials and\nrefuse, the disposal of sewage and the pollution of ponds, gullies and the sea shore.\nPART V-Public Services\n\nFacilitating the establishment, extension or improvement of works by highway\nauthorities, statutory or other undertakers in relation to power, lighting, roads, water\nsupply, sewerage, drainage, sewage disposal, refuse disposal and other public\nservices.\n\nDevelopment and Planning Act (2021 Revision)\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2020\nPage 51\n\nPART VI-Transport and Communications\n1.\nFacilitating the establishment, extension or improvement of systems of transport\nwhether by land, water or air.\n2.\nAllocating sites for use in relation to transport, and the reservation of land for that\npurpose.\n3.\nProviding for the establishment, extension or improvement of telegraphic, telephonic,\nwireless or radar communication, the allocating of sites for use in relation to such\ncommunication and the reservation of land for that purpose.\nPART VII-Miscellaneous\n1.\nProviding for and regulating the making of agreements for the purpose of a\ndevelopment plan by the Authority with the Board or with owners and other persons,\nand by the Board with such persons and by such persons with one another.\n2.\nProviding for subdivision of land and in particular \u2014\n(a) regulating the type of development to be carried out and the size and form of\nplots;\n(b) requiring the allocation of land for any of the public services referred to in Part\nV of this Schedule or for any other purposes referred to in this Schedule for\nwhich land may be allocated; and\n(c) prescribing the character and type of public services or other works which shall\nbe undertaken and completed by any applicant for permission to subdivide as a\ncondition of the grant of such permission; and\n(d) co-ordinating the subdivision of contiguous properties in order to give effect to\nany scheme of development appertaining to such properties.\n3.\nMaking any provisions necessary for \u2014\n(a) adjusting and altering the boundaries and areas controlled by the Board; and\n(b) effecting such exchanges of land or cancellation of existing subdivision plans\nas may be necessary or convenient for the purposes aforesaid.\n\nSCHEDULE 2\nDevelopment and Planning Act (2021 Revision)\n\nPage 52\nRevised as at 31st December, 2020\nc\n\nPublication in consolidated and revised form authorised by the Cabinet this 5th day\nof January, 2021.\nKim Bullings\nClerk of Cabinet\n\nDevelopment and Planning Act (2021 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2020\nPage 53\n\nENDNOTES\nTable of Legislation history:\nSL #\nLaw #\nLegislation\nCommencement\nGazette\n\n56\/2020\nCitation of Acts of Parliament Act, 2020\n3-Dec-2020\nLG89\/2020\/s1\n\n50\/2020\nDevelopment and Planning (Amendment) Law, 2020\n12-Nov-2020\nLG84\/2020\/s2\n\nDevelopment and Planning Law (2017 Revision)\n31-May-2017\nGE45\/2017\/s9\n\n44\/2016\nDevelopment and Planning (Amendment) Law, 2016\n5-Dec-2016\nG26\/2016\/s4\n\nDevelopment and Planning Law (2015 Revision)\n17-Jul-2015\nGE53\/2015\/s7\n69\/2014\nDevelopment and Planning (Amendment) Law, 2014\n(Commencement) Order, 2014\n19-Dec-2014\nGE96\/2014\/s1\n65\/2014\nDevelopment and Planning (Amendment) Law, 2014\n(Commencement of section 29) Order, 2014\n24-Nov-2014\nGE88\/2014\/s1\n\n19\/2014\nDevelopment and Planning (Amendment) Law, 2014\n24-Nov-2014\nGE87\/2014\/s2\n\nDevelopment and Planning Law (2011 Revision)\n24-Oct-2011\nG22\/2011\/s10\n\n30\/2010\nDevelopment and Planning (Amendment) Law, 2010\n16-Aug-2010\nG17\/2010\/s1\n\nDevelopment and Planning Law (2008 Revision)\n9-Jun-2008\nG12\/2008\/s5\n\n16\/2006\nDevelopment and Planning (Amendment) Law, 2006\n1-Jul-2006\nGE14\/2006\/s8\n\nDevelopment and Planning Law (2005 Revision)\n25-Jul-2005\nG15\/2005\/s5\n\n4\/2005\nDevelopment and Planning (Amendment) (No. 2) Law, 2005\n4-Apr-2005\nG7\/2005\/s4\n\n3\/2005\nDevelopment and Planning (Amendment) Law, 2005\n4-Apr-2005\nG7\/2005\/s3\n\n8\/2004\nDevelopment and Planning (Amendment) (Temporary\nProvisions) Law, 2004\n22-Jan-2004\nG9\/2004\/s9\n\n31\/2003\nDevelopment and Planning (Amendment) (No. 2) Law, 2003\n9-Jan-2004\nGE2\/2003\/s1\n\n7\/2003\nDevelopment and Planning (Amendment) Law, 2003\n14-Nov-2001\nGE28\/2001\/s4\n\nDevelopment and Planning Law (2003 Revision)\n25-Aug-2003\nG17\/2003\/s2\n\nThe Cayman Islands Constitution (Amendment) Order 2003\nCommencement by Proclamation \u2013 No. 3 of 2003\n26-Jun-2003\nGE20\/2003\/p2\n\nThe Cayman Islands (Constitution) (Amendment) Order\n2003 (U.K.S.I 1515\/2003)\n26-Jun-2003\nGE20\/2003\/s2\n\n19\/2002\nDevelopment and Planning (Amendment) (No. 3) Law, 2002\n10-Feb-2003\nG3\/2003\/s2\n\n11\/2002\nDevelopment and Planning (Amendment) (No. 2) Law, 2002\n30-Jul-2002\nGE26\/2002\/s3\n\n10\/2002\nDevelopment and Planning (Amendment) Law, 2002\n30-Jul-2002\nGE26\/2002\/s2\n\n33\/2001\nDevelopment and Planning (Amendment) (Temporary\nProvisions) Law, 2001\n3-Dec-2001\nGE28\/2001\/s4\n\n11\/2001\nDevelopment and Planning (Amendment) (Infrastructure\nFund) Law, 2001\n1-Jun-2001\nGE11\/2001\/s15\n\nENDNOTES\nDevelopment and Planning Act (2021 Revision)\n\nPage 54\nRevised as at 31st December, 2020\nc\n\nSL #\nLaw #\nLegislation\nCommencement\nGazette\n\nDevelopment and Planning Law (1999 Revision)\n21-Jun-1999\nG13\/1999\/s3\n\n25\/1997\nDevelopment and Planning (Amendment) (Developments\nAdvising Board) Law, 1997\n3-Aug-1998\nG16\/1998\/s3\n\nDevelopment and Planning Law (1998 Revision)\n17- Aug-1998\nG17\/1998\/s2\n\n29\/1997\nDevelopment and Planning (Amendment) (Advertisement\nControl) Law, 1997\n16-Mar-1998\nG6\/1998\/s17\n\n12\/1997\nDevelopment and Planning (Amendment) Law, 1997\n15-Sep-1997\nG19\/1997\/s10\n\n18\/1996\nDevelopment and Planning (Amendment) (Appeal Tribunal)\nLaw, 1996\n25-Nov-1996\nG24\/1996\/s3\n\n4\/1995\nDevelopment and Planning (Amendment) Law, 1995\n7-Aug-1995\nG16\/1995\/s3\n\nDevelopment and Planning Law (1995 Revision)\n24-Jul-1995\nG15\/1995\/s2\n\n6\/1993\nDevelopment and Planning (Amendment) Law, 1993\n26-Jul-1995\nG15\/1993\/s2\n\n9\/1991\nDevelopment and Planning (Amendment) Law, 1991\n6-May-1991\nG9\/1991\/s11\n\n20\/1990\nMiscellaneous Laws (Amendment) Law, 1990\n22-Oct-1990\nG22\/1990\/s7\n\n3\/1990\nDevelopment and Planning (Amendment) Law, 1990\n18-Apr-1990 GE18.Apr\/1990\/s3\n\n8\/1989\nDevelopment and Planning (Amendment) (No. 2) Law, 1989\n14-Aug-1989\nG17\/1989\/s10\n\n1\/1989\nDevelopment and Planning (Amendment) Law, 1989\n5-Jun-1989\nG12\/1989\/s1\n\n25\/1984\nDevelopment and Planning (Amendment) Law, 1983\n31-Dec-1984 GE31.Dec\/1984\/s1\n\n7\/1983\nDevelopment and Planning (Amendment) Law, 1983\n30-May-1983\nG11\/1983\/s7\n\n9\/1981\nDevelopment and Planning (Amendment) Law, 1981\n20-Apr-1981\nG8\/1981\/s7\n\n24\/1977\nDevelopment and Planning (Amendment) (No. 2) Law, 1977\n19-Dec-1977\nG26\/1977\/s2\n\n16\/1977\nDevelopment and Planning (Amendment) Law, 1977\n5-May-1975\nGE5.May\/1975\/s2\n\n2\/1975\nDevelopment and Planning (Amendment) Law, 1975\n5-May-1975\nGE5.May\/1975\/s2\n\n13\/1974\nDevelopment and Planning (Amendment) Law, 1974\n20-Jan-1975\nG2\/1975\/s2\n\n28\/1971\nDevelopment and Planning Law, 1971\n17-Jan-1972\nGN 10\/1972\n\nDevelopment and Planning Act (2021 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2020\nPage 55\n\nENDNOTES\nDevelopment and Planning Act (2021 Revision)\n\nPage 56\nRevised as at 31st December, 2020\nc\n\n(Price: $11.20)","akn_extracted_at":"2026-06-22 15:32:24.570111+00","cms_id":"1971-0028","law_type":"principal","year":"1971","number":"28","title":"Development and Planning Act","status":"in_force"},"provenance":{"files":[{"file_id":"5312","expr_id":"399","kind":"akn_xml","filename":"1971-0028_2021 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