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Chief Planner concern: Any agent can submit a plan to be approved

- Planning Authority still guided by “outdated” 1972 guidelines
Demolition works in progress to remove unauthorised building portion on a Duff’s Bottom home. Concern has been raised at the Standing Finance Committee of persons submitting plans for a home without proper qualifications. (Photo Credit: GIS/ Ronnielle Frazer)
Chief Planner Marva Titley-Smith said the Planning Authority is still guided by the 1972 outdated guidelines.
Chief Planner Marva Titley-Smith said the Planning Authority is still guided by the 1972 outdated guidelines.
ROAD TOWN, Tortola, VI – Concerns have been raised regarding the outdated guidelines that are currently being used by the Town and Country Planning Department (T&CP) and the need for them to be updated including the section which enforces the qualification of architects for submitting a plan.

This was among the issues put forward by the Chief Planner, Marva Titley-Smith during the 2012 Standing Finance Committee (SFC) deliberations where she outlined various concerns of the department and stated that they are still guided by the 1972 Guidelines.

According to Mrs. Titley-Smith, the Planning Act was revised in 2004 but the guidelines are still from 1972. She told the SFC that the guidelines were outdated and should be brought up to speed. The Chief Planner further noted that if funds were not available to get the regulations drafted, her department would liase with the Attorney General’s Chambers as a way forward.

With currently no registration of architects or engineers in the Territory, any agent could submit an application for a plan to be approved and according to Mrs. Titley-Smith, it is a cause for concern.

She was at the time responding to Second District Representative Hon. J. Alvin Christopher who had enquired what percentage of applications were submitted by a qualified architect and what percentage was by homeowners who did not have professional qualification of an architect and whether they were still being approved under the 2005 Planning Act.

The Chief Planner explained that the current Act does not speak to who is qualified but once the regulations are put in place there would be a section enforcing the architect's qualification in order to submit a plan.

She further disclosed that the Public Works Department was working on putting a registry in place but not much progress was made up to that time. She had also said she couldn’t disclose at that time what percentage of applications submitted were from qualified architects and what were not as the qualifications upon submission varies. Mrs. Titley-Smith had also stated that the only requirement for someone to submit a plan was a Trade License.

Outdated guidelines

Meanwhile, Christopher enquired whether the 2004 Planning Act was enforced to which Mrs. Titley-Smith explained that the 2004 Planning Act was enacted in 2005, however, there were certain aspects that are not fully implemented such as the Regulations. She disclosed that none of its 13 Regulations have been put in place at the time of the SFC deliberations.

When asked by Christopher how does the T&CP monitor developments and make proper decisions without regulations in place to be guided accordingly, the Chief Planner reiterated that they are still guided by the 1972 guidelines and that the Planning Authority consist of various professionals with different disciplines that weigh in how a particular application is approached based on the person's expertise, economics, construction, fisheries, environment among others.

However, she cited the department’s biggest difficulty is responding to applications with the absence of an overall development plan for the territory.

Member for the Third District Hon. Julian Fraser RA, stated that neither the present Government, Governments past nor Governments to come could have a Minister that would devote the kind of attention that is necessary to make the legislation come to fruition especially in the case of planning.

Hon. Fraser suggested that another approach needed to be taken where the T&CP officers need to ensure that such issues are at the forefront at all times, so no matter which Government comes into play, it would understand the needs for those legislation. The third district representative further stated he admired the legislation of the US Virgin Islands and that T&CP should find a way to form a union with the neighbouring islands for the purpose of finding ways to learn from their practice.

Another concern that was raised by the Chief Planner was having only two inspectors to enforce and monitor developments for the entire Territory and while the post of Physical Planner II was advertised she said to date of the SFC deliberations it was still vacant.

12 Responses to “Chief Planner concern: Any agent can submit a plan to be approved”

  • weed (12/04/2012, 10:52) Like (0) Dislike (0) Reply
    me aint want to hear ah ting from Marva she choose a hite man over 60 over a local guy!
    • fish (12/04/2012, 13:47) Like (0) Dislike (0) Reply
      what is a 'hite' man?? do you mean "white" lol
    • to de uneducated (14/04/2012, 20:47) Like (0) Dislike (0) Reply
      U fool Marva had nothing 2 do wid dat u have a lot of time doing foolishness
  • out dated (12/04/2012, 11:28) Like (0) Dislike (0) Reply
    well tis time somone tek dem to court for harrassing people wid deeds out dated laws!
  • rat (12/04/2012, 12:03) Like (0) Dislike (0) Reply
    I think this dept. needs to be shut down, it does not have the qualified staff it needs and never will. because the real truth is anyone can submit a plan because what you find most times is professional architects submitting more garbage for development than the unqualified person. TCP needs to focusing on zoning, not over using your property, size of land divsion base on slope percentage, also having a more transparent process across the board which is not based on how much money a client has in their pockets. and TCP keep workin hard cause this country deservres the best ..... wow what a long road ahead.
  • do this (12/04/2012, 15:41) Like (0) Dislike (0) Reply
    what i would like to know is why when you put your plan on paper for how you want YOUR HOUSE on YOUR LAND to be and (mind you TCP is who have to approve it) going to public works and them saying oh your house to big we want it smaller (mind you the house for where the land is, is suitable) shrink it and put the stairs there and not there. who it is building this house me or you???? then they going to say oh we helping want to make it so your house ain't killing your pocket...now how you know what my pocket look like. then making people spend the same money you want the save to go and redo plans and pay engineer to fix again!!!!...stupidness!!!!! i find they all need to get them act together....
  • boy george (12/04/2012, 18:13) Like (0) Dislike (0) Reply
    have not been impress with Town Planning they are not consistent in who they go after they have their untouchables...not a fair place.
  • ocean (13/04/2012, 05:32) Like (0) Dislike (0) Reply
    Seems like the planning department has a lot of internal issues... Heard two of the staff will be leaving-tranfering in short order
  • ausar (13/04/2012, 06:34) Like (0) Dislike (0) Reply
    Why is it, Mrs. Smith is not working to update the system? Why is it there are so many educated people in this country and the laws are still backward? "ANYONE" can turn in a plan? Because this country refuses to establish boards and commissions to govern agencies with persons who are properly educated in this industry is the reason why lot's more of these types of mishaps will continue and all we will have to show for solutions is talk


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