TOWN PLANNING ORDINANCE

TOWN PLANNING ORDINANCE

CHAPTER 131.

TOWN PLANNING.

Topromote Ihe health, safety, convenience and general welfare of
the community by making provision for the systematic
preparation and approval of plans for the future lay-out of
existing aiid potential urban areas as well as for the types of
building suitable for erection therein.

[23rd June, 1939.1

1. This Ordinance may be cited as the Town Planning Ordinance.

2. (1) The Governor may appoint a Town Planning Board
consisting of such official and unofficial members as he may nominate,
and may appoint any member of the Board, either ex officio or
personally, as chairman or vicechairman and any public officer us
secretary thereof.

(2) Five members of the Board, one of whom must be the chairman
or vice-chairman, shall form a quorum at any meeting of the Board.

3. With a view to the promotion of the health, safety, convenience
and general welfare of the community, the Board shall undertake the
systematic preparation of draft plans for the future lay-out of such
existing and potential urban areas as the Governor may direct as well
as' for the types of building suitable for erection therein. In the course
of preparation of such plans the Board shall make such inquiries and
arrangements (including, if it thinks fit, the taking of any census of the
occupants of any buildings or of the users of any thoroughfares or
spaces) as it may consider necessary for the preparation of such drafts.

4. (1) The Board's draft plans for the lay-out of any such area may
show or make provision for

(a) streets, railways and other main communications;
(b) zones or districts set apart for use for residential,
commercial, industrial or other specified uses;

(c) reserves for Government purposes;
(d) parks, recreation grounds and similar open spaces.





1 (2) The Board may recommend to the Governor in Council the
resumption of any land interfering with its plans for the lay-out of any
area; and resumption to avoid such interference shall be deemed to be
resumption for a public purpose within the meaning of the Crown
Lands Resumption Ordinance

(3) Except in the case of resumption under the said Ordinance no
compensation shall be paid to the proprietor or any person interested
in any holding by reason of the fact that it lies within or is affected by
any zone or district set apart under paragraph (b) of subsection (i).

5. Any draft plan, prepared under the direction of the Board,
which the Board deems suitable for submission to the Governor in
Council for approval, shall be exhibited by the Board for public
inspection at reasonable hours for a period of two months. During
such period the Board shall advertise once a week in a local newspaper
and shall notify in each issue of the Gazette the place and hours at
which such plan may be inspected.

6. (1) Any person affected by the draft plan so exhibited i-nay
within the said period of two months send to the Board a written
statement of his objections to anything appearing in the draft plan.

(2) Such written statement shall set out-

(a) the nature of and reasons for the objection;

(b)if the objection would be removed by an alteration of the
draft plan, any alteration proposed.

(3) Ariv such written statement shall be considered at a meeting of
the Board, of which the objector shall be advised, and the objector or
any duly authorized representative may attend and shall be heard if he
so desires.

(4) The Board * may reject any objection in whole or in

part or frame amendments of the draft plan to meet such
objection.

(5) Where, however, any such amendment appears to the Board to
affect any land, other than that of the objector, held under lease from
the Crown, the Board shall adjourn its meeting and give such notice by
service, advertisement or otherwise as it deems desirable and
practicable to the





owner of the land in question. Any written objection to an amendment
received within fourteen days after the giving of such notice shall be
considered at the adjourned meeting of the Board at which the original
objector and the objector to the amendment or any duly authorized
representative shall be given an opportunity to attend and be heard.

7. After consideration of all objections, the Board shall submit the
draft plan, with or without amendments, to the Governor in Council for
approval, and shall submit therewith

(a)a schedule of the objections (if any) made under section 6
aiid not withdrawn;

(b)a schedule of the amendments (if any) framed by the Board
with a view to meeting such objections.

8. (1) Upon submission of a draft plan the Governor in Council may

(a) approve it;

(b) refuse to approve it;

(c)refer it to the Board for further consideration aiid amendment.

(2) The Governor in Council may approve a draft plan
notwithstanding that any requirements of this Ordinance applicable
thereto have not been complied with.

. (3) A draft plan approved as aforesaid is hereinafter referred to as an
' approved plan '.

(4) The Governor in Council i-nay by notification in the Gazette
correct any omission from or error in any approved plan.

(5) On such approval being given the approved plan shall be
printed and exhibited for public inspection at such place as the Board
may consider suitable and the fact of such approval and exhibition
shall be notified in the Gazette.

(6) The Board shall supply a copy of any approved plan to any
person on payment of such fee as the Board may determine.

9. If the Governor in Council refuses to approve a. draft plan such
refusal shall be notified in the Gazette;





but any such refusal shall be without prejudice to the preparation of a
new draft plan and the submission of the same m

10. A copy of the approved plan, certified by the Chairman of the
Board shall be deposited in the Land Office and the Land Officer shall
make a note thereof in the register relating to any parcel of land which
appears to hirn to be affected thereby.

11. The Governor in Council may revoke in whole or in part any
approved plan or may refer it to the Board for replacement by a new
plan prepared, exhibited, considered, submitted, approved and
deposited in accordance with the foregoing provisions of this
Ordinance. Notification of any such revocation or reference shall be
published in the Gazette and noted by the Land Officer on the plan
deposited under section io. The Land Officer shall also amend as *may
be necessary any note made in the register under that section.

12. Until so revoked or replaced, approved plans. shall be used by
all public officers and bodies as standards for guidance in the exercise
of any powers vested in them.

13. The Governor in Council may make regulations for the purpose
of facilitating the work of the Board and generally for the purpose of
carrying the provisions of this Ordinance into effect.

14. Any expense incurred with the sanction of the Governor by
the Board in connexion with the exercise of its powers or the
performance of its duties under this Ordinance or the regulations made
thereunder shall be met from moneys voted by the Legislative Council.
20 of 1939. Short title. Appointment of Town Planning Board. Quorum. Functions of the Board. Contents of lay-to plans and powers of the Board. (Cap. 124.) Exhibition of draft plans. Consideration of objections. [s. 6 cont.] Submission of considered draft plan to Governor in Council. Powers of Governor in council upon submission. Refusal to approve plan. Deposit of copies of approval plan. Revocation and replacement of approved plans. Approved plans to serve as standards. Governor in Council. May make regulations. Expenses of the Board.

20 of 1939. Short title. Appointment of Town Planning Board. Quorum. Functions of the Board. Contents of lay-to plans and powers of the Board. (Cap. 124.) Exhibition of draft plans. Consideration of objections. [s. 6 cont.] Submission of considered draft plan to Governor in Council. Powers of Governor in council upon submission. Refusal to approve plan. Deposit of copies of approval plan. Revocation and replacement of approved plans. Approved plans to serve as standards. Governor in Council. May make regulations. Expenses of the Board.

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