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7.5 Legislation and planning process in Grenada
Introduction
The commonwealth of Dominica is the largest Islands among the OESC countries that occupy a land area of around 751 Km2. However, its population is relatively low, which is around 70,000. Dominica is among the Caribbean countries, where disaster risk is potentially high due to its mountainous topography and heavy rainfall. The average rainfall along the windward east coast exceeds 5,000 mm and inland mountainsides receive up to 9,000 mm. It is among the highest accumulations in the Caribbean as well as in the world (Global Climate Change Alliance, n.d.). The island is of volcanic origin and is the most mountainous among the eastern Caribbean countries, with deeply incised river valleys and steep ridges, and dense vegetation. The island has one of the largest river densities on the earth (Lindsay, Smith, Roobol, & Stasiuk, n.d.). Due to its mountainous topography, approximately 90 % of its population resides close to the coastal belt, which makes them particularly vulnerable to coastal hazards (Global Climate Change Alliance, n.d.). The Island has suffered several times in the past with damaging effects of hurricanes such as Hurricane David in 1979, a category 4 storm, which had damaged some of 80 % of the island’s housing stock (GFDRR, 2010a). Moreover, Dominica is highly susceptible to volcanic hazards. It has nine volcanoes, one of the highest concentrations of potentially active volcanoes in the world (Lindsay et al., n.d.). According to a report (CDERA, 2003c) an estimated 90 % of the population lives within five kilometer buffer of an active volcano.
Land management in Dominica
The following legislation related to land management has been implemented in Dominica
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Land subdivision procedure:
- Obtain a Survey Plan of the plot and Certificate of Title
- Discuss intention with family members
- Discuss the Subdivision Plan with a surveyor
- Think long term and check with the Physical Planning Division for a Development Plan and Land use of that area
- Consult with Physical Planning Division for advice on:
- The kind of uses suitable for that particular area;
- The type of subdivision recommended for that particular area;
- Lot density applicable to the area (Low, Medium or High density);
- Minimum lot size which is determined by:
- Soil type (percolation capability of soil) which determines the sewerage system suitable for area;
- Character of the area.
- Prepare Subdivision Plan. The plan should include:
- Different uses (e.g. Commercial, Institutional, Recreational relevant to the area and size of development);
- Dimension of lots;
- Lot numbers;
- Roads;
- Drainage;
- Cross-section of road;
- Contours which indicate slope of land;
- Existing and proposed Water lines (Water Reticulation Plan prepared by a qualified engineer and certified by DOWASCO);
- Existing and proposed electricity poles);
- Location of garbage disposal.
- Plan must be checked by relevant agencies for recommendation:
- Environmental Health;
- DOWASCO
- DOMLEC;
- Agricultural Department;
- Forestry Division;
- Fisheries Division.
Physical planning in Dominica
The physical development in Dominica is dictated by the Physical Planning Act (the Act), 2002 (Act 2002), and Physical Planning and Development Authority (PPDA) is responsible for the implementation of this Act. Besides, Act 2002, there is Building codes and Minimum property standards, for guiding development work in the country. However, these documents are still at draft stage and needs formal approval. PPDA is a statutory Authority established in accordance of the Act. The role of the Authority is to keep under review a study of matters pertinent to planning the use and development of the land besides consideration of applications for development and regulating building construction in the country. The Chief Physical Planner (CFP) is Secretary to the Authority and responsible for the administration and system of planning outlined in the Act. CFP is the Head of Physical Planning Division (PPD). It has three sections; namely Administration, Land use, and Development Control sections. Development regulations are enforced through Development Control section and Land use sections is responsible for land use and development planning.
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There is special provision in the Act for the preparation of development plan for Dominica called “National Physical Development Plan” or specific part of a country. The planning Authority has responsibility to initiate such preparation of such plans with the approval of concerned Minister. Part III, (9)(2) of the Act says the development plan should set out a statement of the principal aims and objectives with respect to the development and other use of land in the area by highlighting existing conditions of the area and policies for future development and land use. The development plan has to be prepared in consultation of wide-spectrum of stakeholders. Its publicity has to be ensured in the preparation process particularly those who may affected by the development plan. After the approval of the draft development plan by the concerned Minister, the plan should be submitted for the approval of the Cabinet and subsequently in the Parliament to pass as law. The development plan may be approved with or without modifications or may be rejected completely by the Minister, Cabinet or Parliament in the review process. In case of rejection, fresh plan may be prepared following part III, section (9) of the Act. An approved development plan will remains intact until it is revoked by the concerned Minister by notice. Approved development plans may be available for inspection or purchase by public. No National Physical Development Plan has been prepared for Dominica as yet, however; there is discussion in the planning division for preparing one. Nevertheless, land use and development plans for some parts of the Island including the main town and capital Roseau are prepared. However, some of these development plans are still in draft status.
Under Part II, Section 4(h) of the Act, the Physical Planning and Development Authority is responsible to receive and consider applications for the permission to undertake any development work. However, according to the Act, it is the duty of the CFP to sign and issue development permissions, refusals or other notices as authorized by the Authority. The physical planning Act, dictates that no development can be carried out without the permission of the Authority. Part IV, section 17(1), it is mentioned that “No person shall carry out any development of land except under and in accordance with the terms of a development permission granted in that behalf prior to the commencement of such development, on an application made in accordance with the regulations made under section 88, unless the development is permitted development authorized under subsection (2)”.
An application for the grant of development permission has to be submitted to the Authority through CFP. The application has to be made following regulations accompanied by supporting documentation such as drawings, title of ownership, and other supplementary information, which may help in making decision on application. Subject to the nature of the proposed development every application should be accompanied by an EIA report for the consideration of application. EIA process has to be completed following regulations defined in the Act. When an application received for development, the Development Control section reviews the application, and subject to completion of the application it consults with Land use section, Fire department, Flight path, and Environmental health. Development Control Officers visit specified development sites in order to ascertain suitability of land. Also considerations regarding NFDP or local development plan (if available) is taken into account in making decisions. The development application has to be in consistent with the development plan. Afterwards, applications are reviewed in Technical Staff Meeting (TSC) and Technical Committee Meeting (TC) and decisions are made for the clients. As per law, the Authority is bound to make decision on an application within 120 days or notify the client for extension. The Authority may grant permission with or without conditions or may refuse the application for development.
Status of hazard and risk information in Dominica
A list of hazard maps is compiled that are prepared by different consultants for Dominica. Most of these maps are prepared covering the whole Island. Some of the maps that I have seen such as flood, landslide, earthquake, composite map are qualitative and they are lacking information on magnitude/intensity.
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Type |
Purpose/ Description |
Coverage |
Scale |
Date produced |
Author/Consultant |
Source of this information |
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Landslide susceptibility |
To map landslides occurrence |
Entire country |
1:50,000 |
November 1987 |
Jerome de Graff |
(CDERA, 2003c) |
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Volcanic hazard assessment |
To map and assess volcanic hazards |
Entire country |
1:50,000 |
June 2000 |
Seismic Research Unit |
(CDERA, 2003c) |
|
Flood susceptibility |
To undertake flood hazard mapping of the Roseau river basin |
Roseau river basin |
Unknown |
December 2002 |
Caribbean Council of Science and technology |
(CDERA, 2003c) |
|
Landslide susceptibility |
To develop landslide hazard map and |
Entire country |
1:25,000 |
October 2006 |
CIPA |
(CIPA, 2006) |
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Inland flood susceptibility |
To develop landslide hazard map and |
Entire country |
1:25,000 |
October 2006 |
CIPA |
(CIPA, 2006) |
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Coastal flood hazard map |
To develop landslide hazard map and |
Entire country |
1:25,000 |
October 2006 |
CIPA |
(CIPA, 2006) |
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Volcanic hazard map |
To develop landslide hazard map and |
Entire country |
1:100,000 |
October 2006 |
CIPA |
(CIPA, 2006) |
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Earthquake hazard map |
To develop landslide hazard map and |
Entire country |
1:100,000 |
October 2006 |
CIPA |
(CIPA, 2006) |
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Windstorm hazard map |
To develop landslide hazard map and |
Entire country |
1:25,000 |
October 2006 |
CIPA |
(CIPA, 2006) |
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Composite hazard map |
To develop landslide hazard map and |
Entire country |
1:50,000 |
October 2006 |
CIPA |
(CIPA, 2006) |
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Seismic hazard maps |
Seismic hazard maps of various return periods available online at the UWI website for download |
Entire country |
Unknown |
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(The University of the West Indies, 2011) |
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Landslide inventory map |
Under CHARIM project |
Entire country |
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February 2015 |
ITC |
ITC |
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Landslide susceptibility map |
Under CHARIM project |
Entire country |
|
February 2015 |
ITC |
ITC |
| Flood hazard map | Under CHARIM project | Entire country | February 2015 | ITC | ITC |
Some of these maps and documentation are also available at Dominode (http://dominode.net/). It is an open data portal for sharing geographical information on Dominica.
Inclusion of disaster risk management in physical planning policies and development work
Recently, the Physical Planning Division (PPD), prepared land use policy document for Dominica. The document is in the draft form and currently in the Cabinet for its approval. It recognizes the importance of hazard mitigation and policy stresses upon increasing resilience to natural hazards in order to protect social and economic development gains (Dillon Consulting, 2014). It highlights following land use strategies for the sustainability of the development and minimizing the potential impacts of natural hazards on society:
- Increasing resilience to natural hazards – planning to recognize the hazard vulnerability of the country and development will incorporate appropriate measures to be resilient
- Build and retrofit to be resilient to natural hazards – the planning and location of development will consider resilience to natural hazards and climate change by following specific guidelines and designing infrastructure that are less susceptible to hazards such as hurricane, storm surge, earthquake.
- Avoiding hazards through planning – The planning of new development will take into account areas that are hazard prone. And existing development located in highly hazard areas will be considered for relocation.
- Preventing and managing manmade hazards – risk of landslides will be reduced in construction practices and agriculture etc
A development plan for the whole country (NPDP) or part of a country should guide and provide the strategic direction for the land use and development in Dominica. In the course of preparation of such a plan, the Authority may identify hazard prone areas and restrict development work in those areas. It is stated in the Act, under Part III, Section (9)(4a) “designate any area as an area which should not be developed due to its susceptibility to aircraft hazard or to flooding, erosion, subsidence, instability or other condition of the physical environment”. Furthermore, any environmentally sensitive area could be declared as environmental protection area subject to specific survey for the purpose. It is further stated in Part VI, Section (56) (3)(C)(v), that “in determining whether it is desirable to declare any area an environmental protection area, the Authority shall have regard to any special natural hazards to which the area is or may be subject”. Only certain development or class of development is permitted in such areas. In situations, development is completely prohibited and an EIA study is pre-requisite for development permission for the areas declared as environmentally protected. For the environmentally protected areas, a special management plan is to be prepared for preservation and management of the special features of the area including; prevention of erosion, landslips, and flooding, prohibition, restriction or regulation of access to any area and the prevention of squatting as mentioned in Part VI, Section (59) (2)(c)(h).
Although, the planning division has access to hazard maps, the planning division is not as such using these maps explicitly for development control. The decision on development permission is basically based on site observations, knowledge, and experience of Development Control Officers, who are responsible for reviewing applications and visiting sites, besides input from concerned departments and EIA report. The decisions are somewhat discretionary rather based on specific standards and tools.
References:
Baptiste, Isaac. 2013. Dominica Land Policy Issues Paper. Report prepared for The Social and Sustainable Development Division (SSDD) of the Organisation of Eastern Caribbean States (OECS), Morne Fortune, Castries, Saint Lucia.
CDERA. (2003c). Status of hazard maps, vulnerability assessments and digital maps: Dominica country report (p. 15).
CIPA. (2006). Final report: Development of landslide hazard map and multi-hazard assessment for Dominica, West Indies.
Commonwealth of Dominica. Physical Planning Act, 2002 (2002). Dominica.
Dillon Consulting. (2014). Dominica: National Land use policy (draft) (p. 26).
Global Climate Change Alliance. (n.d.). Climate change vulnerability Dominica.
Global Facility for Disaster Reduction and Recovery (GFDRR). (2010a). Disaster risk management in Latin America and the Caribbean region : GFDRR country notes (Dominica) (p. 12).
Lindsay, J. M., Smith, A. L., Roobol, M. J., & Stasiuk, M. V. (n.d.). Volcanic hazard atlas of the lesser Antilles:Dominica. Zhurnal Eksperimental’noi i Teoreticheskoi Fiziki.
The University of the West Indies. (2011). Seismic Research Centre. Retrieved November 16, 2014, from http://www.uwiseismic.com/Maps.aspx