The legislative base for determining planning applications is set out in the Town and Country Planning Act (TCPA) CAP. 240, and in its subsidiary legislation, Town and Country Planning Development Order, 1972.
The Town and Country Planning Act, Cap. 240, defines development as “The carrying out of building, engineering, mining or other operations in, on, over or under any land, the making of any material change in use of any buildings, or other land or the subdivision of land”..
The legislation relates to all lands within the limits of the territorial waters of Barbados and would therefore include all coastal and marine development within the 200 nautical mile territorial limits. There are three (3) aspects to this definition:
- carrying out operations in, on, over or under land; and
- material change of use; and
Any operation on land that requires planning permission should result in some physical alteration of the land and have some degree of permanence to the land itself. In the case of change of use, it would amount to activities, which are carried out in, alongside, or on the land, but would not interfere with its actual physical characteristics.
There are two (2) methods by which development can occur legally:
(a) by a specific grant of planning permission from either the Chief Town Planner, or the Minister with responsibility for Town Planning;
(b) through the operation of the Town and Country Development Order (1972) for “permitted development”.
The process makes provision for two (2) types of application: permitted development certification and a 'formal' application.