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PLANNING AND DEVELOPMENT ACT 2005 - SCHEDULE 8

PLANNING AND DEVELOPMENT ACT 2005 - SCHEDULE 8

[s. 262(1)]

1 .         Purchase and reservation of land

                Purchasing or reserving land for new main thoroughfares which it is desired to keep free of buildings by agreement between the owners of such land and the responsible authority or by cooperation between 2 or more local governments with regard to the lines, widths and direction of thoroughfares which connect adjacent parts of their respective areas.

2 .         Limiting and regulating building

                Limiting the number of buildings, rooms, dwelling units or other accommodation units to the hectare generally or in any particular locality, or on any subdivision, allotment or parcel of land, particularly or generally, and the extent to which each subdivision, allotment or parcel of land is to be built upon, and providing for adequate light and air to the windows of each house, and prescribing other requirements so far as is reasonable for the purpose of securing the convenience or amenity of the area to which local laws apply, and proper sanitary and hygienic conditions in connection with any buildings therein.

3 .         Classification and zoning

                Classification or zoning reclassifying or re-zoning the area for residence, flats, trade, business, industry, commercial recreation, educational or other public or institutional purposes, and including areas for agricultural or rural use and for any other general or particular purposes whether of the same class or kind as the class or kind before enumerated or not, and fixing the sites or areas for any of the purposes included in this Schedule and prohibiting in any of these zones or classification any building or use of land of or for a general or particular nature or purpose.

4 .         Prohibiting unauthorised uses

                Prohibiting any district or part of it from being used for any purpose other than that for which it has been classified.

5 .         Prescribing characteristics of buildings

                Prescribing the height, location, purpose and dimensions or the general character of buildings to be erected or reconstructed as far as is reasonable for securing proper sanitary and hygienic conditions, convenience, or amenity of the area to which the local laws are to apply.

6 .         Prohibiting trade etc. or erection or use of building

                Prohibiting the carrying on of any noxious trades or manufactures, or the erection or use of any buildings without adequate sanitary arrangements, or prohibiting or regulating the erection and use of buildings, advertisement hoardings, or structures for advertising purposes which are such as to be injurious to the amenity or natural beauty of the area to which the local laws are to apply.

7 .         Requirements of new subdivisions

        (1)         Prescribing and determining any requirements deemed necessary in regard to new subdivisions or re-subdivisions of any land (or maps, plans, sections, or particulars thereof) contained within the area to which it is intended that the local laws are to apply, including drainage, size and shape of allotments (or separate parcels of land) and access thereto; also for the classification of and the prescribing and determining of any requirements in regard to the length or width of any road according to the use such road is likely to be put, or according to the physical features of the land, together with the design, method of construction, and completion of alignment, of any road.

        (2)         In this clause —

        road has the meaning given by section 4(1) and includes a private road created under Part IVA of the Transfer of Land Act 1893 or as defined in the Land Administration Act 1997 section 3(1).

8 .         Building lines

        (1)         The making, fixing, altering and ascertaining of building lines irrespective of the width or alignment of any road, to secure as far as practicable, having regard to the physical features of the site and the depths of the existing subdivisions of land, that the distance between the buildings to be erected, or buildings likely to be reconstructed on the opposite sides of any road, are to be not less than that fixed by the local laws according to the prospective traffic requirements of such road, and the making, fixing and altering building lines generally and providing that buildings generally or a building of any specified class are not to be built nearer to a building line or an ocean or waterway than is prescribed in a local law.

        (2)         In this clause —

        building line means the line between which and any public place or public reserve a building may not be erected;

        road has the meaning given by clause 7(2).

9 .         Open space etc.

                Limiting of open spaces, recreation grounds, or sites for public buildings, by purchase or agreement between owners of lands and the local government.

10 .         Heights of walls etc. at road corners

                Limiting the height, at the corner of any road (as defined in clause 7(2)) of any wall, fence, hedge, tree, or shrub or other obstruction not being an authorised building.

11 .         Implementing of local laws

                Providing for the authority or authorities responsible for carrying the local laws into effect and enforcing their observance.