Section 2Part 0 —
Definitions
←→ Navigate · Click subsection badges to collapse · Press ? for help
In this Act —
"agriculture" includes horticulture, fruit growing, dairy farming, the breeding and keeping of livestock (including the farming of turtles in confinement), the use of land as grazing land, meadow land, market gardens and nursery grounds and "agricultural" has a corresponding meaning;
"ancillary building" means a garage or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building;
"Appeals Tribunal" means the Appeals Tribunal established under section 47;
"Authority" means the Central Planning Authority established under section 3(1) and, for the purposes of sections 18, 19, 20 and 29A to 29E "Authority" includes the Board;
"Board" means the Development Control Board established under section 3(3);
"building" includes any structure or erection of a permanent or semi-permanent nature and any part of a building as so defined, but does not include plant or machinery comprised in a building;
"building" or "work" includes waste materials, refuse, garbage and any other matter deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly;
"building operations" includes rebuilding operations, structural alterations of or additions to buildings, and other physical operations normally undertaken by a person carrying on business as a builder;
"court" means a court of summary jurisdiction;
"days" means calendar days unless otherwise specified;
"detached house" means a dwelling unit on its own exclusive lot;
"development" has the meaning assigned to it by section 13(3) and "develop" has a corresponding meaning;
"development plan" has the meaning assigned to it by section 9, and includes the plan deemed to be the first development plan of the Islands under section 9(5) and any amendment to a development plan;
"Development Plan Tribunal" means a tribunal established under section 43;
"Director" means the Director of Planning appointed under section 4;
"duplex" means two dwelling units one above the other or side by side having a common wall and being on one lot;
"engineering operations" includes the formation and laying out of means of access to highways;
"erection", in relation to buildings, includes extension, alteration and re-erection.
"former Law" means the repealed Land Development (Interim Control) Law, 1969 [Law 2 of 1969];
"functions" includes powers and duties;
"highway authority" means the authority responsible for the maintenance of a road;
"land" includes land covered by water and also includes incorporeal hereditaments of every tenure or description and any interest therein and also an undivided share in land;
"Land Register" means the Land Register compiled under Division 2 of Part II of the Registered Land Act (2004 Revision);
"national disaster" includes hurricane, fire, flood, earthquake, outbreak of pestilence, outbreak of infectious disease or any other calamity whether similar to the foregoing or not;
"operations" includes —
building operations;
excavating land; and
any other activity connected to the use of land;
"outline planning permission" means permission for the erection of a building or for the use of land, which permission is granted subject to a condition that approval be given by the Authority at some later time to the site, design, density or external appearance of any such building or the means of access;
"owner", in relation to any building or land, means a person other than a mortgagee not in possession, who is for the time being entitled to dispose of the right of ownership of the building or land, whether in possession or reversion, and also includes a person holding or entitled to the rents and profits of the building or land under a lease or agreement the unexpired term whereof exceeds ten years and, without prejudice to the generality of this definition, "owner" includes each proprietor for the time being of a strata lot;
"permission granted for a limited period only" has the meaning assigned to it by section 15(2);
"planned area development" means a master planned development approved by the Authority pursuant to regulations made under this Act;
"primary use" within a zone includes any use which is subsidiary to and compatible with the primary purpose of that zone;
"recovery period" means such period (as may be specified by the Cabinet by order) immediately following a national disaster;
"road" means a road as defined from time to time in the Roads Act (2005 Revision);
"special purpose development" means a development of land for a purpose which is unfamiliar or uncommon in the Islands including such a purpose as primary manufacturing;
"statutory undertakers" means persons authorised by any law to carry on any road transport, water transport, dock, harbour or pier undertakings or any undertaking for the supply of electricity, water, telephonic, telegraphic, sewerage or quarrying services and "statutory undertaking" has a corresponding meaning;
"strata lot" means a strata lot as defined in the Strata Titles Registration Act (2013 Revision);
"subdivision", in relation to land, means the division of any land other than buildings held under one ownership whether the subdivision is by conveyance, transfer or partition, or for the purpose of sale, gift, lease or any other purpose and "subdivide" has a corresponding meaning;
"temporary development" means —
the carrying out of building, engineering or other operations in, on, over or under any land, including the clearing of land; or
the making of any material change in the use of any building or other land, at any time during a recovery period, for the purpose of the restoration of the Islands following a national disaster;
"Tribunal" means the Tribunal established under section 46(1); and
"tree preservation order" has the meaning assigned to it by section 25(1).
For the purposes of this Act —
carrying out development without the grant of permission required in that behalf under Part III; or
failing to comply with any condition or limitation subject to which such permission has been granted,
Where, under this Act, the approval or sanction of the Cayman Islands Parliament is required for any matter such approval shall have effect from the date on which the Cayman Islands Parliament signifies approval or sanction thereto.
Defined Terms
agricultureancillary buildingAppeals TribunalAuthorityBoardbuildingbuilding operationscourtdaysdetached housedevelopmentdevelopment planDevelopment Plan TribunalDirectorduplexengineering operationserectionformer Lawfunctionshighway authoritylandLand Registernational disasteroperationsoutline planning permissionownerpermission granted for a limited period onlyplanned area developmentprimary userecovery periodroadspecial purpose developmentstatutory undertakersstrata lotsubdivisiontemporary developmentTribunaltree preservation order
Cross References
- Section of Registered Land Actexternal
Land Register compiled under Division 2 of Part II of the Registered Land Act (2004 Revision)
- Section of Strata Titles Registration Act
strata lot definition reference
- Section of Roads Act
road definition reference to Roads Act (2005 Revision)
Referenced By
- Section 5 — Duties of Authority
Part II - development plan
- Section 55 — Transitional provisions
section 2(1)