Government of Mauritius Ministry of Housing and Lands: November 2004
Government of Mauritius Ministry of Housing and Lands: November 2004
Government of Mauritius Ministry of Housing and Lands: November 2004
Government of Mauritius
Ministry of Housing and Lands
The National Development Strategy (NDS)
Volume 2
Institutional and Legislative Aspects
Contents
13
Background
13.1 Need for revision of Vol. 2 of NDS
1
1
14
Introduction
14.1 Introduction
14.2 Key Outputs
14.3 Basis for Study
14.4 Objectives of the NPDP Review
14.5 Format
2
2
2
2
3
4
15
Institutional Review
15.1 Overview
15.2 Political Importance of the Planning Process
15.3 The Town and Country Planning Board
5
5
5
6
16
Legislative Review
16.1 Previous Legislation
16.2 The Planning and Development Act 2004
16.3 Other Relevant Legislation
7
7
7
9
17
13
13
15
16
18
20
20
24
25
27
19
Implementation Mechanisms
19.1 Major Components of the Strategy
19.2 Overview of Current Implementation Process
19.3 Existing Implementation Mechanisms
19.4 Proposed Implementation Mechanisms
19.5 Development Briefing
19.6 Negotiations, Consultations and Participation
29
29
30
31
33
36
37
APPENDIX 1
Definition of State-Significant Development
APPENDIX 2
Approach to Strategic Environmental Assessment (SEA)
13.
Background
13.1
(ii)
These requirements, contained in the original Vol. 2, have now been reviewed and
updated to reflect (i)
(ii)
(iii)
In the review process, recommendations that are no more relevant have been deleted
and new elements required by the future implementation set up have been
introduced in this new vol. 2 document now entitled:
The National Development Strategy
Volume 2
Institutional and Legislative Aspects
14
14.1
Introduction
Introduction
This document represents an updated Volume 2 of the Final Report on the Review
of the National Physical Development Plan (NPDP). It focuses on Institutional
and Legislative Aspects. Volume 1: Development Strategy and Policies has been
presented in a separate document.
As is discussed in Volume 1, because of the significantly different context and
nature of the revised NPDP, it has been re-named the National Development
Strategy and all further references to the NPDP are described as such. For the
same reason, local councils Outline Schemes have been re-titled Local
Development Plans or Local Plans.
The Description of Services for the Review calls for a series of measures/priority
actions needed to enable the policies and proposals incorporated into the new
National Development Strategy to be implemented. They are designed to cover
the planning process and procedures at national and local levels, as well as
legislative matters as contained in the Planning and Development Act 2004.
14.2
Key Outputs
The key output of this work covers priority actions and a short term
implementation schedule for GOM planning initiatives.
The identified actions include:
14.3
Feedback from the above meetings and sessions was then used to update the
preliminary findings and strategies and this has formed a valuable input to the
current document.
In addition to the above programme, other influences have impacted the approach
to and recommendations of the institutional and legislative work:
The studys objectives which guide the conduct and evaluation of the NPDP
Review process
Institutional proposals at local level as contained in the Local Government Act
2002
The requirements for Strategic Environmental Assessment as contained in the
Environment Protection Act (EPA) 2002
The Sugar Industry Efficiency (SIE) Act 2001.
14.4
14.5
Format
Following the Background and the Introduction (sections 13 and 14) the updated
volume 2 is structured to include:
15
15.1
Institutional Review
Overview
Mauritius stands at the threshold of fundamental changes in its economy which
will bring in its train substantial changes in life styles and social and cultural needs.
The new National Development Strategy has an important role to play in ensuring
that these changes are managed in such a way that a new life style is achieved
which is both economically efficient and socially desirable.
As a consequence the National Development Strategy should not be perceived as a
large scale but narrowly defined land use plan. Rather as land, together with labour
and capital are regarded as the three constituents of cultural development, the
National Development Strategy has taken an all-embracing view of land
development. The new strategy takes account of this wider perception of land
management and has been elaborated after conducted a range of broad-spectrum
discussions with a diversity of interested and affected parties.
However all of this work will be of no benefit unless the institutional arrangements
for the implementation of the resulting strategy are capable of maintaining a wide
ranging dialogue with the affected stakeholders and of putting it into effect.
15.2
The current situation has two contradictory dimensions. The Government and
individual members have a high level of interest in such strategic development
matters as CyberCity, the proposed LRT system, the promotion of tourism and the
consequences of restructuring the sugar industry, but they do not appear to
perceive these development programmes as intrinsic parts of the National
Development Strategy or any other part of the planning system, other than to
obtain formal approval of projects.
15.3
16.
Legislative Review
16.1
Previous Legislation
Since 1954 when the 1st Planning Act established the planning system for
Mauritius, several attempts had been made in 1981, 1990, 1995 and 1997 to revise
thoroughly or amend partly that Act.
Re-drafting of a comprehensive overhaul of the 1954 Act has been undertaken
within the context of the NDS following recommendations contained in the 2003
version of Vol. 2. The new legislation - the Planning and Development Act 2004 underpins the new approach to modern planning as reflected in the NDS and
other planning instruments.
16.2
Its goal :
to modernise town and country planning and make comprehensive provision with
respect to land use planning and development in Mauritius.
Its objectives :
to establish the necessary institutional framework, processes and interagency co-operation for effective planning and development.
Its administration:
The Act defines the Ministers powers and duties, establishes the National
Planning and Development Commission, the composition and staff of
that Commission together with its functions.
Development Plans
exempt development
local development
Compensation
16.3
16.3.1
Amendments to this Act of its sections 98, 10, 104, 105, 106 have been
incorporated in the new Planning and Development Act 2004.
16.3.2
16.3.3
The S.I.E. Act 20/2001 consolidated the package of incentives applicable to the
sugar sector whilst the S.I.E. Act 26/2001:
The Act specifically facilitates acquisition and disposal of land by the Sugar
Investment Trust (SIT), Government or other specified bodies subject to the
following conditions:
10
1:3 Deal
The SIE Act provides furthermore that a person can convert three units area
of agricultural land for every area of land sold at nominal rates to the same
bodies mentioned above, provided the proceeds from the three converted
units are used for the same purposes as in the 1:2 Deal, except for the amount
to be ploughed back which is 60%.
Any land acquired by Government or any specified body under the 1:2 or 1:3
Deals may be exchanged with a person, for a nominal price of one rupee, the
extent of the exchange being determined after evaluation. The S.I.E. Act 2001
further provides that:
an area of not less that 200ha (473.8 A) be kept by the producers (Sugar
Estates) under permanent gardens i.e. plots of lands to be devoted to the
production of crops, fresh vegetables etc. and surfaces devoted to
aquaculture. The corresponding area for permanent gardens in the S.I.E
. Act 1988 was 425ha (1,000 A)
an area of not less than 500ha (1,208.2 A) be kept under orchard bearing
specified fruits, the list of which is given in a schedule. The orchard area
is the same as in the previous Act.
All other land conversions of agricultural land to non-agricultural uses are subject
to the approval of the Minister of Agriculture (through the Land Conversion
Committee) and payment of the land conversion tax. In processing and
determining applications for such conversions, the Minister of Agriculture has to
have regard to the necessity to:
However, the land conversion tax is not payable in cases where land is converted
for specified purposes:
11
VRS financing
12
17
17.1
Key Principles
Diagram 17.1 provides a simplified illustration of the elements of an effective
planning system. It is expressed here in terms of the National Development
Strategy but the same principles are equally applicable to Local Plans and Action
Area Plans at lower levels of the system.
17.1.1
Objectives
Objectives derived from perceived needs must be the starting point of any planmaking process and should be assembled from all stakeholders affected by the
intended plan. These include the public and private sectors and other levels of
plan-making (ie. Local Plans and Action Area Plans) which may be affected. These
other Plans must all constitute parts of an articulated system.
Without clear objectives and policies and a consistency of application, planning
becomes purposeless and lacks transparency. The objectives for the National
Development Strategy were put forward in section 14 of this document.
17.1.2
Resources
Human and financial resources must then be found to respond to these needs.
However resources are finite in absolute terms and in respect of the specific
agencies concerned. Consequently in the Mauritian planning system there may
have to be extensive moderation at least in the short term, until new, qualified staff
can be introduced in order to ensure that resources available in the public and
private sectors are used to best effect. The lack of sufficient resources should not
permit adjustments of objectives notwithstanding the stresses this may impose on
resource allocation.
17.1.3
Agencies
Agencies are the bodies through which resources are utilised. In the private sector
the divisions between different ownerships are absolute and therefore the
opportunities for transfer of resources is very limited both in respect of land and
finance.
13
In the public sector both land and finance are in theory, held in trust for the public
good and should therefore be available for allocation wherever they may achieve
the greatest benefit. However, inter agency competitiveness and bureaucracy make
this resource allocation less effective than it should be.
O B J E C T IV E S
P erceived N e eds
RESOURCES
La nd
F in ance
P rivate
P ub lic
S ectora l
L ocatio n
A G E N C IE S
M TEF*
PLANS
NPDP
O utline
S chem es
Local
Development
Plans
D etailed P lans
EIA etc.
14
Plans represent the conclusion of the process in which the allocation of finance and land
come together. At national level the Medium Term Expenditure Framework under the
Ministry of Finance and Economic Development as well as major private sector
investment proposals should find expression in the National Development Strategy. This
is not easily achieved because both public and private sectors have shorter time horizons
than the Development Strategy and the private sector is rather more disaggregated than
the Public Sector in terms of national expenditure programmes. .
17.1.4
17.1.5
Iteration
The processes described above have to be sequential in terms of identification of
objectives, allocation of resources, preparation of plans and their implementation
both at national and sub national levels. Consequently the whole planning system
has to be iterative at several levels to keep ahead of development and thus provide
leadership, but also take account of changing circumstances.
17.2
In turn this requires that the planning service should take account of the plans and
strategies of other departments and ensure that, at a minimum, there are no
irreconcilable conflicts at the policy level and that suitable provisions for land are
made in the Local Plans. In the private sector, investment programmes should
ensure that there is, at least, no conflict of intention and preferably that there is
complementarity of action.
15
17.3
17.3.1
16
17.3.2
17.3.3
17
Planning Approvals
The National Development Strategy represents the distilled intentions of the
various departments of Government and of the private sector. The initial strategy
(together with any subject plans) should be adopted and kept under regular review
as stipulated in Sections 12(1) and 20 of the 2004 Act.
In the case of local authority Local Plans and development programmes, the
Minister should approve the Local Plan.
17.3.5
18
In the case of local authority Local Plans, objectors should have the right to make a
representation as provided for in sub section 2 of Section 17 of the 2004 Act.
Such representations should place an embargo only on decisions directly affected
by the substance of the objection but should not obstruct the approval of other
aspects of Local Plans.
Any opposition to the remainder of a Local Plan being approved because of
potential consequential effects of an upheld objection can be resisted on the
grounds that the Plan is reviewed regularly and can take account of such effects in
the next review.
19
18
18.1
Institutional Framework
18.1.1
Of the tasks outlined above, the core activities include operating sectoral groups,
developing strategy and implementing strategy including processing strategic
development applications.
20
18.1.2
18.1.3
Infrastructure
Fisheries
Housing & Lands
Shipping, Rodrigues & Outer Islands
Local Government and Solid Waste Mgt.
Culture
Arts & Culture
Education and Scientific Research
Health and Quality of life
Training, Skills Development and Productivity
Youth & Sports
These groupings are somewhat pragmatic assemblies with somewhat similar objectives
or activities. They are indicative rather than definitive. Their only purpose is to
reduce the total to a manageable number of groups for the task of developing a
coherent programme.
In terms of departmental structure, this arrangement serves to identify the need for three
topic groups and an organisation/system for integrating these three parts.
21
18.1.4
At the national level of planning, the SPIU should collaborate with the agencies
mentioned above to prepare and update the National Development Strategy
supported by a summary of five year investment programmes of both public (ie. The
Medium-term Expenditure Framework (MDEF) and private (eg. via the JEC-Joint
Economic Council) sectors. Key components should be rolled forward on an
annual basis.
In this connection, of particular importance is the need to set up a Joint
Economic/National Development Strategy Consultative Committee to ensure the integration
of economic and physical/spatial planning. Given that the Ministry of Finance and
Economic Development is the Ministry which coordinates the major projects of
nearly all other Ministries through the MDEF, it would be logical that the
Consultative Committee be located in that Ministry with the main function of
linking and harmonising strategic economic projects with the National Development
Strategy.
At the local authority level each council should prepare its own Local Plan based on
the National Strategy and briefs drawn up by the Regional and Local Planning Unit
(RLPU) but also including local issues and proposals. In addition local authorities
should perform all local development control functions, whilst recognising the need
for resource strengthening at the local level in the short term. Figure 18.1 shows the
eventual Local Plan Review and Updating process.
18.1.5
Implementing Strategy
While there must be a close interactive relationship between developing strategy and
implementing strategy they must be kept as distinct functions. This is because the
process of development is one of continuous evolution which should not be
distracted by problems of detailed operations necessary to ensure effective
implementation. It is therefore necessary to replicate the grouping described in the
previous section but with different tasks of project processing and implementation.
This interaction is particularly important with regard to applications not in
conformity with National Development Strategy policies and development
programmes. Given that investment and employment generation are seen as being
of paramount national importance, there will be generally a presumption in favour
22
18.1.7
23
18.2
Facilitating Change
18.2.1
The Management Services Group is collectively responsible for all the functions of
the SPIU but it should have sufficient expertise to assemble advice to the
Minister/Cabinet and the Commission and to support the Director in holding the
balance of control between the Heads of Units.
24
National
Planning
Economic
Management
Services Group
Strategic
Projects
The territorial divisions implied in this diagram are intended to group local
authorities in such a way that the conurbation area can receive particular attention.
The other areas of North, South, East and West have more in common with each
other.
18.3
18.3.1
25
18.3.2
Development Control
Local authorities have so far been exercising only the development control
function with regard to Local Plans prepared for them by the central planning
service on behalf of the Town and Country Planning Board. With resource
strengthening at the level of Local Authority, this function should considerably
improve with the plan-making function being given, as it should be, to the local
authorities themselves in accordance with subsection 2(b) of section 14 of the
new Act,
With the preparation of updated Planning Policy Guidance Notes, development
briefs and other guidance by the SPU within central Government, the local
authoritys planning and development control workload should be greatly
facilitated. Hence a local authority should, given the resources, be able to plan
and control non-strategic development according to its locally-planned policies
and programmes set within the overall framework of the National Development
Strategy.
18.3.3
18.4
18.4.1
Figures 18.1 to 18.4 illustrate the different functional and operational structures
within which the SPIU would function in the light of the legal provisions of the
Planning and Development Act 2004 and the existing and proposed
administrative set-up of the Ministry.
26
18.4.2
Figures 18.5 and 18.6 illustrate equally in administrative and legal terms, the
development permitting processes for state-significant applications and local
development applications.
18.5
Staffing Proposals
18.5.1
18.5.2
27
____________________________________________________________________
(1) Professor Hendry for the Ministry of Housing and Lands, 1996 Development
Control in Mauritius,
(2) Local Government Act 2002
*
Cadet Planners and Planning Technicians are new posts and need to be created.
28
19
19.1
Implementation Mechanisms
Major Components of the Strategy
The new National Development Strategy builds on many of the principles laid down
in the 1994 Plan, but brings it up to date in the light of the significant changes now
taking place. It is based on the concept of achieving critical mass through clustering
of settlements and employment-generating activities, and thereby forming an
attractive economic base for Government sector commitments and private sector
initiatives.
To facilitate clustering of new activities in the conurbation, the countryside and the
coast, the designation of Urban Renaissance Zones, Special Use Zones, Rural
Regeneration Zones and Tourism Zones form the basis of the new National
Development Strategy. These growth Zones have been identified to provide a focus
for public and private sector commitments, investments and actions.
Complementary programmes involving housing, social, community, public transport
and other infrastructure developments should also be considered and planned for in
relation to these Zones. The use of public private partnering (PPP) agreements
should be explored at the planning stage to bring forward projects for early
implementation. The recent legislation (PPP Act) passed by the Legislative Assembly
should facilitate this process.
Promoters of major development schemes involving a range of mixed land uses
should be directed to locations in these Zones where a sequential approach to release
of unused or new sites will be encouraged. Preference will be given to town and
village centre sites, followed by edge of centre locations before edge of town or out
of town/open countryside sites are to be considered for most forms of development.
Major new developments in the open countryside or on the open coast outside these
Zones should generally not be encouraged, other than in cases of national interest.
As part of these initiatives, Action Area Plans will be drawn up within Urban
Renaissance Zones, Rural Regeneration Zones, Tourism Zones and Special Use
Zones, involving relevant planning authorities, local councils, other public agencies
and the private sector, to focus investments initiatives. It is anticipated that in these
cases, where there will be a general presumption in favour of a wide range of land
uses, consideration will be given to introducing streamlined planning regimes, subject
to meeting specified criteria (e.g. on environmental and traffic impact, utility
provision and design quality appropriate to each site and type of development).
29
19.2
19.2.1
It has already been observed that a substantial portion of staffing resources and time
within the existing Town Planning Division is taken up with such work which
consists of providing similar planning policy related inputs at different times to
different agencies. In the proposed new planning system, much of the burden of
these tasks for non- strategic proposals would transfer to suitably strengthened local
planning authorities, leaving the staff in the restructured central planning service
the proposed Strategic Planning and Implementation Unit (SPIU) - to concentrate on
development strategy monitoring and updating, and strategic project processing with
the participation of other Government sectoral groups and the private sector.
The new set-up should bring about the formulation and operation of good, reliable
and reasonable National Strategies and Local Plans and policies. It should also
considerably reduce the burden of processing detailed development applications
(which would be carried out at local level for non-strategic projects), and thereby ease
and streamline the development permitting processes as summarised below:
At central level, the SPIU, working with sectoral groups, should in a collectivedecision-making forum, facilitate major projects implementation by individual
Ministry/ies, the private sector and local authorities concerned
Proposed streamlining of development permit procedures and the distinction
between major and specifically local projects should furthermore ease the
planning process and make it clearer and faster than under the current systems.
30
At local level, the National Development Strategy through issue of Planning Policy
Guidance Notes and conforming Local Plans should assist local councils in
processing local level development applications. With the active participation and
collaboration of the Ministry of Agriculture they should also be able to provide
relevant guidance on local land conversion applications. Any such applications relating
to agricultural lands within approved settlement boundaries could be released by
Ministry of Agriculture and referred to the local authority for determination of
alternative uses. Applications relating to areas outside settlement boundaries and
away from infrastructure services would be refused unless there are strong grounds
for favourable consideration in which case, the matter could be taken up in the
annual Local Plan review. Relevant policies are included in the national Development
Strategy and revised Local Plans.
Regarding minor morcellements, the local authority should be able to handle these
within their development control function with appropriate guidelines from the
Ministry responsible for Planning and from the Ministry responsible for Agriculture
subject to meeting the requirements of the SIE Act.
Input from planning with regard to Environmental Impact Assessment and clearances relates
primarily to the current zoning of the site and its proposed use for a scheduled
undertaking. This information can be supplied through the planning process through
careful review of the National Strategy and relevant Local Plan.
19.3
19.3.1
31
19.3.3
32
19.3.4
19.3.5
19.4
33
19.4.1
19.4.2
Planning Agreements
Whilst the spirit of planning agreements (sometimes also referred to as planning
obligations) was embodied in the provisions of those Bills, this important instrument
has been incorporated in the Planning and Development Act 2004 with a view to
making it effective, operational and transparent. Section 35 of the new Act indeed
provides that a Permit Authority may enter into a planning agreement with a
developer for the provision of community facilities and physical infrastructure (or
payment in lieu of) required by his proposed development. Provision is also made
for planning agreements to be struck in joint venture public/private sector projects
whereby the contribution of capital and other resources to be made by each party
and the manner in which obligations, liabilities and benefits, including any profits and
losses will be shared between parties.
With regard to transparency, the Act provides for a register of planning agreements
to be maintained by Permit Authorities for inspection and copying by members of
the public. At central Government level, the Minister is bound to seek and obtain
the Planning and Development Commissions advice on a proposed agreement.
Planning agreements can assist in maximising development on a site, control the
location of facilities such as new roads, and communal parking areas, provide more
useable open space (by upgrading and maintaining existing space and/or coordinating a structured provision of new space, rather than leaving fragmented,
inaccessible and often unusable spaces), and provide for streetscape improvements.
34
35
19.4.4
19.5
36
The process of development briefing can be both public sector (e.g. RLPU/SPIU)
and private sector driven. Essentially, they include early site survey and analysis,
informal discussions and the formulation of a development rationale that includes
such things as site analysis, development principles of proposals and how they relate
to the objectives of the new National Development Strategy, Local Plans and other
planning guidance.
19.6
37
APPENDIX 1
Appendix 1
Definition of State Significant Development
In order to make optimum use of available resources at central and local Government levels, and
in so doing make the planning service more efficient and effective, it has been recommended that
major/strategic projects having national or cross-boundary significance should be processed at
central Government level, whilst those applications which have a local level focus within an
authority would be properly handled at the local council level.
Schedule 2 of the Planning and Development Act lists State Significant developments and is
reproduced below.
SECOND SCHEDULE
(Section 24)
State Significant Development
The following developments or class of developments are for the purpose of this Act
known as state-significant development.
1.
2.
3.
Bulk processing, storage and handling of petroleum, petroleum products, liquid gas, coal
and petro-chemical products.
4.
Hospital.
5.
Aircraft facilities (including terminals, buildings for the parking, servicing or maintenance
of aircraft, installations or movement areas) for the landing, taking-off or parking of
aeroplanes, seaplanes or helicopters.
6.
7.
Desalination plant.
8.
9.
Fishing port.
10.
Golf Course.
11.
12.
13.
Lagoon dredging and re-profiling of sea beds including creation of bathing areas.
14.
15.
Petroleum refinery.
16.
Power station.
17.
Rock quarrying.
18.
19.
20.
21.
Undersea walk.
22.
23.
Wine industry.
24.
25.
26.
Ceramic or glass industries (being industries that manufacture bricks, tiles, pipes, pottery,
ceramics, refractories or glass by means of a firing process) that have an intended
production capacity of more than 150 tonnes per day or 30,000 tonnes per year.
40
27.
Commercial or retail developments comprising more than 4,000 square metres of gross
floor space.
28.
29.
Industrial parks involving the development of 10,000 square metres of land or more by
way of division of land, erection of buildings or the provision of infrastructure for future
development and occupations or the development or more than 4,000 square metres of
gross industrial floor space.
30.
31.
Wharves or wharf-side facilities at which cargo is loaded onto vessels, or unloaded from
vessels, or temporarily stored.
32.
Marinas or other related land or water shoreline facilities that moor, park or store vessels
(excluding rowing boats, dinghies or other small craft) at fixed or floating berths, at
freestanding moorings, alongside jetties or pontoons, within dry storage stacks or on
cradles on hardstand areas.
33.
41
Appendix 2
Approach to Strategic Environmental Appraisal
(SEA)
Background
According to the Environment Protection Act (EPA) 2002 (Section 15(2) Part C) the National
Physical Development Plan should be subject to Strategic Environment Impact Assessment
(SEIA). However, the NPDP was commissioned and completed several years before the EPA
2002 was proclaimed. Furthermore, Part IV Section 28 (Exemption) Subsection (1) provides for
exempt undertakings by a public department where these are in the national interest as for the
economic development of Mauritius.
In this connection, it is to be noted that relevant approval bodies for both the National
Development Strategy (and the revised Local Plans) include representatives of the Ministry of
Environment who would thus have the opportunity to comment on those documents from their
own environmental perspectives.
42