Town Planning

The functions of the Nasinu Town Planning Unit

• Planning and controlling development by enforcement of the Nasinu Town Planning Scheme (2015) General Provisions [regulations] for the Nasinu Town Boundary.
• Planning and controlling development in Nasinu Boundary by enforcement of the Town Planning Act (General Provisions) General Provisions [regulations] on the decision of the Director of Town and Country Planning.
• Process planning applications which include development applications across building, rezoning and subdivision (Subdivision of Lands Act (Cap 140.)) developments in both Nasinu and Nasinu Rural Boundaries.
• Designing the layout needs of public facilities in line with the needs and demands of the population
• Provide input to development planning technical agencies of government
• Provide Planning advice across departments in Council and to the Public.

The Nasinu Town Planning Scheme

The Nasinu Town Planning Scheme, Nasinu Town Planning Scheme General Provisions & Nasinu Town Planning Scheme Statement was approved by the Director of Town and Country Planning in accordance with the Town Planning Act (Cap.139). The Town Planning Scheme is the planning document that contains such provisions such as zoning, height of buildings, building lines, primary uses on each property within the town. Town Planning Schemes are done in consultation with the relevant Local Authority and presented to the community for comments within a consultative process legislated under the Act and such a scheme is a public legal document.

The Town Planning Scheme is the most important official document in the Municipality in regard to planning and how to use the land. It contains the planning policies approved by the municipal council to guide its decisions in the future.

What is Rezoning?

The Town of Nasinu Official Approved Town Planning Scheme designates all properties within the town’s jurisdiction with a specific zoning. For example, a single-family home may be zoned residential and a shopping Center may be zoned commercial. A rezoning (also known as a Town Planning Scheme Amendment) is simply the process to change the zoning designation of a property from one zoning to another.

That for the  Nasinu Rural Boundary there are no Town Planning Scheme but zoning have been set by the Director of Town and Country Planning during subdivision of land and will be subject to rezoning depending on proposed developments. That only land under Itaukei Land under Native Reserve that is being released for the first time for leasing shall have no zoning and its zoning shall be set during subdivision stage.

What initiates the rezoning process for a property?

A property owner or an agent of the property own-er / Landlord initiates the rezoning process by submitting an application to the Nasinu Town Council. Most often, the property owner or agent are seeking a change in zoning to accommodate a new development proposal. Other instances include changes initiated by the Nasinu Town Council, Department of Town and Country Planning or Minister, must consider all permissible uses allowed by the requested zone as it is not practical to rezone a property on the basis of a single project but as overall fit with the area.

What happens if the rezoning is finally ap-proved?

If finally approved, the property can be put to any use allowable within the desired zoning and if any, the uses out in the conditions of the rezoning final approval. That all application shall require necessary building development application be lodge for proposed new or conversion of existing developments on site.

What happens if the rezoning is denied?

If denied or refused, the current zoning stays in effect and there is no legal right of appeals against the Director’s Decision on lands within town boundary that have had its Town Planning Scheme Finally Approved by the Director of Town and Planning Act under Section 5 Town Planning Act (Cap. 139).

The Rezoning application shall contain the following documents:

• 3x copies of filled and signed copies of each of the application forms
• 2 x copies of your proof of ownership of the site. It is requested that a recent certified copy uplifted within the last three months is provided from Registrar of Titles Office.
• 2x copies of the Consent Letter from the Landlord (Registered Proprietor, Housing Authority/ iTaukei Lands Trust Board or Director of Lands depending on tenure) for the Rezoning of site.
• A cover letter to the Council highlighting in a development brief your intention to rezone, reasons for this proposal, proposed specific operations to be carried out on site.
• Ensure that your Town Rates are up to date as other-wise application would not be accepted
• A Rezoning Fee is charged based on the zoning change (current zone to intended zone) as per Town Planning Act (Cap. 139) below:

“That of any of the fee above, 2.5% is retained by Council and balance 97.5% is for Department of Town and Country Planning (DTCP) process fee as per legislated under law”

Lodgement of Rezoning Application

The fees above are the gazetted Department of Town and Country Planning fees, in addition to them for lands with Nasinu Town boundary, and additional Council Rezoning fee of $75.00 per application is charged.

That upon receiving the full application, the council shall proceed to make necessary assessment of the application and within twenty-one (21) days of lodgement and have it forward along with its assessment to DTCP Office for consideration as per Town Planning Act (Cap.139)

REZONING CONSIDERATION

 NASINU TOWN BOUNDARY 

The Processing time frame for Rezoning application (Within Nasinu Town Boundary) with the DTCP is forty-five (45) working days, upon which a decision shall be made. The Decision shall be returned back can vary according as per below:

Request for Public Participation Exercise- This is a request for a Survey of the immediate area; the Council shall draft relevant survey forms for the area which shall give a clear brief on the proposal, have simple easy to understand questions to which shall be framed in such a way to derive lot owners’ basic status, opinion on existing area, opinion on proposal, positive and negative impact foreseen for the proposal. At the end of the survey period, forms are gathered and the Council shall make an assessment report of the results with recommendation and it is forwarded back to DTCP along with a cover letter for further consideration of the application.

Refused– A cover letter shall be written to applicant ad-vising of the refusal, this shall be attached with a copy of the DTCP Rezoning Plan and Town Planning Form stamped Refused. There is no right of appeal on the Director of Town and Country Planning’s Decision and it is Final under Section 5 of the Town Planning Act (Cap.139).

Considered under Provision 6 & 7– The decision means that the rezoning is not approved, however the Director in considering the proposal under Provision 6 & 7 of the Town Planning Act (Cap. 139) General Provisions/ Approved Nasinu Town Planning Scheme (2015) General Provisions- this allows a non-confirming use with a zone to be relaxed temporarily subject to conditions. This requires that the proposal (applicant maybe asked to provide copies of building plans) must be advertised at applicant expense by way of public notice in one edition of the Government of Fiji Gazette & two issues Fiji Sun Newspaper on two consecutive Friday’s editions This invites the public to comment in writing over a 30-day objection period. At the end of the 30-day period, the ouncils shall write back to DTCP advising of comments received along with any recommendations for consideration by DTCP. After which if DTCP approves then they will return the application with approval conditions which shall be forwarded to the applicant in writing.

Provisionally Approve of Rezoning– The Decision necessitates under the Act for the Council at the Cost of the Applicant shall publicly advertise the Provisionally Approved Scheme Amendments simultaneously in the Government of Fiji Gazette and Fiji Sun Newspaper in one same Friday Editions. This advertisement shall kick start a legislated fourteen (14) day public objection period where members of the public shall be invited to make written objections on the proposal to Council.

It is also required that the Applicant shall erect at his or her cost a sign board displaying the provisional approval documentations that was advertised in mentioned publications on site to council satisfaction (Sign to be made to council specification [made to all weather material and specific dimension] and location on the site). The sign shall be erected by the applicant to coincide with the date of the advertisement in both publications and shall remain up for the duration of the objection period.

At the conclusion of the objection period, the Council shall gather objections collected if any, make its assessment and forward in writing to the Director of Town and Country Planning for consideration of the Final Approval of Rezoning along with copies of Fiji Sun News Paper and Government of Fiji Advertisements and Photographic Evidence of the sign board on site.

Consideration of Final Approval of Rezoning

The DTCP shall upon receiving a rezoning submission for Final Approval shall make a decision basing on council written assessment and any objection received during the objection period. The Decision shall return back can vary according the following possible out-come:

Refused- A cover letter shall be written to applicant advising of the refusal, this shall be attached with a copy of the DTCP Rezoning Plan and Town Planning Form stamped Refused. No Appeals as above apply

Final Approval of Application- The Decision necessitates under the Act for the Council at the Cost of the Applicant to publicly advertise the Finally Approved Scheme Amendments in both the Government of Fiji Gazette and Fiji Sun Newspaper in one Friday Edition after which the Zoning Change will become permanent. The applicant shall be issued a copy of the approval documents once the publications have been advertised and a copy of the final approval gazette notice is provided for council records.

Please Note that after the Rezoning has been finally approved, that no development or operations of the new zoning shall be allowed on site until that necessary building application; drafted in compliance with the Final Approval of Rezoning Conditions, necessary requirements under the Nasinu Town Planning Scheme General Provisions [Regulations]) and other relevant laws are lodged to Nasinu Town Council for consideration. That development shall only be permitted once the building plans are approved by the Council.

Resource to Download

1. Rezoning Application Form – Rezoning Application Form