The Turks and Caicos Islands Government has received several development proposals for new projects on Providenciales. Most of these development proposals were pursuing a relaxation and variation on the building and planning regulations particularly in building height, minimum setback distances, number of minimum parking spaces and the density.
The last change to building heights in the Development Manual was in May 2004, which is over ten years ago. The 2004 change was to increase the allowable building height from five (5) Storeys or sixty (60’) feet to seven (7) Storeys up to a maximum of ninety (90’) ft. on the Islands of Providenciales provided that no habitable floors were allowed above seventy-five (75’) ft. In order to qualify for the construction of seven floors, the entire acreage of the plot must not have been less than ten acres. If the acre requirement could not be met then the building could not exceed five (5) storeys or sixty (60’) ft.
Until this last decade the Planning Regulations have been amended every three (3) to five (5) years to respond to and evolve with the needs of the country, allowing for increases in building height and changes in setbacks and density. It has, however, been almost a decade since there has been an increase in the allowable height of buildings.
On 24th September 2014 the Government approved an increase of the allowable height of buildings on the Island of Providenciales to twelve (12) Storeys up to a maximum height of one hundred-fifty (150) feet on a minimum of five (5) acres. The Government further approved recommendations from the Department of Planning addressing necessary changes to meet the newly approved increase of the building height and density.
These decisions were challenged by an application for Judicial Review by the Proprietors of Strata Plans 108 and 62 Venetian (Action No. 67/15). In these proceedings the Supreme Court ruled that changes in Building Heights and Density are only permissible in the context of a National Physical Developmental Plan or an Area Development Plan. The Court’s decision is the subject of an appeal pending before the Court of Appeal.
On December 16th, 2015, the House of Assembly passed an Amendment to the Physical Planning Ordinance, to make it clear that although planning done in the context of a Development Plan is preferred, ‘ad hoc’ Planning is permissible and that the setting of Building Heights, Setbacks and Density Requirements is permissible otherwise than in the context of a Development Plan and can be done by regulations, provided that the Governor, before making regulations as to building height and density, may require the Director to undertake such consultation as may be necessary to give such publicity to the matter as will enable persons likely to be affected or interested to make representations or comments.
The House of Assembly also passed a Building Height Validation Ordinance to validate that the provisions for building height, setbacks and density in the Development Manual and the amendments thereto, excluding the amendment to the Development Manual purportedly made seeking to increase allowable building height of more than seven (7) up to twelve (12) storeys.
That Ordinance also validated the decisions taken by the Physical Planning Board in respect of the height, setbacks and density of buildings, done in reliance on such provisions increases up to seven (7) storeys.
A consultation process was adopted to engage and attain the widest spread of stakeholder feedback and to engage in conversations on the proposed changes. All participants were encouraged to provide their input on the proposals using the established public consultation email
The public consultation was advertised through a mix of print media, online advertisement, television and outreach efforts by the Department of Planning, The Office of the Premier and The Ministry of Infrastructure, Housing and Planning.
The Target Groups included Public at large, private organizations, industry associations, SMEs, citizens, consumer organizations, Professional Associations, NGOs, Environmental Organizations and Key government departments.
From January 4th - 19th, 2016, written representations were sought from the public on a proposed increase in building heights of up to twelve (12) storeys and changes to density requirements and a series of consultation meetings were held during the week of January 11th – 15th, 2016, on Providenciales with key stakeholders. An additional meeting for the general public to make representations was held on Thursday 14th January 2016, on Providenciales. In addition a further meeting was held with TCIG Stakeholders on January 18th, 2016.
Subsequently the Planning Department prepared a comprehensive Report of the outcome of the stakeholders and public consultation meetings and written representations and the planning analysis of those representations including options for the Government’s consideration. After considering the Consultation Report, the Government approved regulations to increase the allowable height of buildings on specific coastal areas of Providenciales only to take effect from Friday 26th February 2016 – being the tourism related development zone at Grace Bay, the Bight and Turtle Cove starting from Emerald Point to the Turtle Cove, bounded by the parcel 60901/28 on Far East and the parcel 60713/250 on the West and the coastal parcels, which are located at the north coastal area of North West Point specifically parcels (60101/6, 7, 8, 17, 33,38, 39 and 60000/75, 77, 79 and 60000/138 to 155 and 60000/617 and 60006/618).
Changes included that in the specified areas –
- The allowable maximum height of a building is twelve (12) floors up to a maximum of one hundred and fifty (150‘) ft. for apartments, condominiums and hotels provided that no habitable floors are allowed above 135 ft.
- In order to qualify for the construction of twelve (12) floors, the entire acreage of the plot must not be less than five (5) acres.
- If the five (5) acre requirement cannot be met then the building cannot exceed seven floors or ninety (90) ft. in height.
- The setback for a building exceeding seven (7) floors must be a minimum of two hundred (200) feet measured from the vegetation line.
- The Height and Density Consultative Report and the Regulations are available @ http://www.gov.tc/pressoffice
http://gov.tc/images/swf/report_public_consultation.swf
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