Management Review of the Interim National Physical Planning Commission (INPPC)
In October 1996,
Cabinet agreed in principle to the establishment of a National Physical Planning
Commission (Cabinet Minute 2692 of 1996) with responsibility to prepare a
comprehensive and integrated physical plan for Trinidad and Tobago, develop
codes of appropriate building construction and development standards and
practices and to ensure that all persons and agencies concerned adhere to both
the requirements of the National Plan and the codes of standards and practices.
At
that time, Cabinet also agreed to the appointment of an Interim National
Physical Planning Commission (INPPC) pending passage of appropriate legislation
establishing the full Commission. This reports examines the preparatory work
done by INPPC on most of the core activities expected of the NPPC, through its
Standing Committees, Sub Committees, Ministerial Committees, Cabinet appointed
Committees, and Consultancies. These activities include advising the Minister on
development policy, preparation of local area concept plans and background work
on a comprehensive Physical Development Plan for Trinidad and Tobago and review
of complex development proposals submitted by the Inter-Ministerial Committee
for Infrastructure and examination of land and development related draft
legislation.
Management
Review of Town & Country Planning Division, Ministry of Housing &
Settlements
The Review examines in detail the organizational structure,
technical and other resources which currently reside in the Town & Country
Planning Division. It finds this unit to be the reservoir for planning and
development control skills as well as an impressive database useful in
development control. The review
explores how the institutional structure and skill resources of T&CPD can
become an asset to the new planning regime under PADL.
The Report analyzes and describes the rationale and
detail of the procedures for the devolution of development control and
development planning as per interpretation of the Planning and Development of
Land (PADL) Bill. It critically raises issues related to the functions of
development planning and development control, the inadequacy of the local
government revenue base, additional costs associated with the proper
implementation of PADL and the potential of unrealistic expectations. The Report
also describes a policy agenda for central/local government relationships,
including suggestions for dealing with likely difficulties in these
relationships
Report
on Progress towards the Implementation of a Reformed Land Use Planning Regime as
outlined in PADL
In 1995 the Inter-American Development Bank and the Government of the
Republic of Trinidad & Tobago reached agreement on a framework for the
revision of urban and regional planning legislation and the implementation of a
proposed new Urban and Regional Planning Act. The Bill, which is now titled the Planning and Development of
Land Bill (PADL), was passed in
the House of Representative in 1998, but lapsed while under debate in the Senate
in 1999. This amended version of
the Bill is expected to be re-introduced in Parliament in 2000.
The Report examines the progress made in terms of Administrative structures, the
standing of development plans, implementation guidelines and finds that
satisfactory progress has been made in these aspects.
Procedural
Manual for Local Planning Office;
The functions of the formal structure, the
activities and the relationships within an agency exist independently of the
members of the organization who are required to carry out the work .The
operation of the organization and its success in meeting its objectives will to
a large extent depend upon the persons who give shape and personality to the
framework for operation.
The Planning and Development of Land Bill (PADL)
as proposed in 2001, presented some difficulties with reference to the structure
of the agencies required to manage the development process. Essentially two
jurisdictions, viz Planning and Building/ Engineering, were being merged within
the same administrative structure. How such a system would work is still subject
to question.
The Procedural Manual attempts to address the
structural organization of local Planning Authorities given the fact that:
·
The precedence to which we must refer is one in which
planning and building matters are dealt with under two different systems.
·
That Planning Authorities will need a great amount of
technical support for them to effectively undertake these tasks.
·
Regulations would need to be written, expressing the
precise nature of the relationship between the National Physical Planning
Commission (NPPC) and The Planning Authorities.
·
A clear
demarcation would need to be made of the responsibility of the NPPC and the
Planning Authorities for supervising staff.
This is especially relevant as the Chief Building Officer, who is located
in the central unit, NPPC, will be
responsible for building inspections, enforcement of
building codes, issuing of permits and monitoring of all construction
approvals.
The eighteen recommendations of this report have been developed to improve four key components of the central and local government relationship in a successful process of devolution of physical planning and enforcement of development regulations. These recommendations address the following issues:
1. Improving the capacity of local government personnel.
2. Increasing the preparedness of both the local and central authorities to implement the devolution process.
3. Specifically defining the new roles for local and central governments in addressing development issues.
4. Propose structural changes in local government finance.
Successful financial and political devolution of planning authority is based on a constructive partnership between central government and local authorities. The following is a brief evaluation of the current situation and recommendations needed to:
· Improve local governmental capacities to evaluate and finance projects and services;
· Form mutually beneficial community partnerships with the private sector;
· Utilize central government financial and technical strengths to direct local growth according to local needs.
The successful devolution of planning and regulatory responsibilities depends on the formulation of an institutional framework for the transfer of responsibilities currently held by national agencies and the clarification of the relationship between PADL and existing legislation pertinent to the activities of local authorities. Even though the adoption of PADL will repeal the Town and Country Planning Act it will be complemented by other existing legislation.
The powers vested in local authorities by the
Municipal Corporations Act of 1990 and by the Public Health Ordinance of 1950
will continue to pertain and the procedures specified in the Land Acquisition
Act of 1994 will need be clarified. The
Environmental Management Act of 1995 will apply to both the Environmental
Management Authority and local governments.
Procedures need to be developed to ensure that local development plans
and their accompanying regulations protect environmentally sensitive areas.
Given the "one-stop shop" intention of the Bill, simple
procedures administered at the local level must combine the intentions of all
relevant existing legislation.
The recommendations in this Report outline specific issues pertinent to the successful implementation of the new relationship specified by PADL between the Ministry of Infrastructure Development and Local Government and the local authorities in Trinidad and Tobago.
The adoption of the Planning and Development of Land Bill (PADL) will increase significantly the authority of local authorities in Trinidad and Tobago. The attitude of local elected officials toward the proposed decentralization of physical planning and the enforcement of development regulations is positive and the technical personnel is eager to take on added responsibilities. Both are well aware that a scarcity of trained personnel and inadequate local financial resources are structural obstacles that need be overcome
Devolution is the end product of a process whose purpose is to form a lasting partnership between the national government and local authorities. Each partner must have the capacity and will to fulfill his assigned role. Generally, the role of the central government, including its specialized agencies, is to define the broad outlines of a national development strategy, undertake the capital investments necessary to implement it and provide local authorities with the coherent guidelines and financial resources to ensure that national objectives are met. The process that is developed must ensure that local conditions and aspirations are reflected in national guidelines while allowing maximum local autonomy in their implementation. Indeed, the enforcement of development regulations can be successful only with a convergence of national and local objectives. Transparency in the decision making process is required at both the national and local levels.
The following recommendations
outline specific issues pertinent to the successful implementation of the new
relationship specified by PADL between the Ministry of Planning and Development
and the local authorities in Trinidad and Tobago.