Part I - Preliminary Citation

1. These Regulations may be cited as the Physical Planning (Land Use and Development Plans) Regulations, 2023.

Interpretation

             2.         In these Regulations, unless the context otherwise requires  —

“buildable area” is that portion of a development site where construction can legally and reasonably occur;

“change of use” means when the use of a building is altered or replaced by another use;

“development plot coverage” means a measure of the proportion of the site area covered by permanently sealed surfaces as determined under schedule 2. 

“hazard” means a dangerous phenomenon, substance, human activity, or condition that may cause loss of life, injury or other health impact, property damage, loss of livelihood and services, social and economic disruption, or environmental damage;

“land” includes land covered with water, the sea-bed, and any building or other thing attached to land or permanently fastened to anything attached to land;

“land use” means the use of land, inter alia for residential, industrial or commercial purposes, for farming or forestry, for recreational or conservation purposes;

“no-development zone” means land declared by the Minister  under section 32 of the Act or under which no development shall be carried out;

“non-conforming use” means a use of land which, though lawful immediately before the coming into operation of this regulation is not in conformity with the provisions of these Regulations;

“overlay layer” means an additional layer of planning control applied to land in a clearly defined geographic area;

“risk” means the combination of the probability of an event and its negative consequences; 

“scheme map” means a map indicating all zonings within a district or group of islands to which the land use plan relates;

“scheme text” means a legal document that controls how land in a particular district, zone, or group of islands in Seychelles can be used and developed; 

“split-use” means a parcel falling in more than one land use classification; 

“use variance” is a permit that allows a use that is otherwise not permitted by the zoning table of the scheme text provided for under Schedule 1;

“zoning table” means the table that indicates, subject to the provisions of the scheme text, the uses permitted in the land use classification as provided for under Schedule 1. 

Sub-Part I - Land Use Plans

Form of National Land Use Plans

3.(1) The national land use plan prepared by the Authority under section 23 of the Act shall consist of a compilation of all the land use plans for the districts, zones, and groups of islands.

(2) The national land use plan referred to in sub-regulation (1) shall be presented digitally, on an official government website.

Composition of Land Use Plans

4.(1) A land use plan for a district, zone, or group of islands, prepared under section 22 of the Act shall compose of scheme maps and scheme texts indicating the matters as specified under subsection 22(2).

                (2)      A land use plan referred to in subregulation (1) shall  —

1. be classified in one or more of the categories of land uses indicated in Column 1 of Schedule 1 and;

2. indicate the prescribed minimum subdivision size and maximum development plot coverage according to the land use classification of the district, zone, or islands to which the land use plan relates as indicated in Schedules 2;

3. indicate no-development zones as an overlay layer taking into considerations the hazard and risk considerations as specified under Schedule;

4. indicate sites of construction of proposed roads, alterations of existing roads, and road reserves for new roads;

5. indicate development plans under the scheme text; and
6. indicate any public easement rights towards the sea, land, or otherwise as an overlay layer.

Sub-Part II - Scheme Map Composition of Scheme Maps

5.(1) A scheme map for a district, zone, or group of islands, shall comprise of  —

1. a map of land use classified in one or more of the categories of land uses indicated in Column 1 of Schedule 1;

2. overlay layers referred to in regulation 6(c);

3. legend of land use classification;

4. map scale; and

5. cardinal points.

Sub-Part III - Scheme Text

Composition of Scheme Text

6. A scheme text for a district, zone, or group of islands shall comprise of  —

1. information about long-term planning strategies;

2. description of planned infrastructure development of a particular area;

3. list and description of overlay layers;

4. zones and the use of land zoning table;

5. environmental assets;

6. special control areas;

7. heritage protection sites; and

8. development plans.

7.(1) The Authority shall, in the course of preparing a land use plan for a district, zone, or group of islands or a national land use plan pursuant to section 23 or updating or reviewing a plan pursuant to section 24, consult with relevant persons or bodies including  — 

1. key stakeholders;

2. district and other authorities;

3. government ministries and departments;

4. parastatal organisations; and

5. civil society organisations.

(2) In addition to sub-regulation (1) the Authority shall, in the course of preparing, updating and reviewing a land use plan  — 

1. consider all existing data and relevant documents available for each district, zone and island or group of island, with reference to the national strategic framework summarized in Schedule 4;
2. assess the specificity of each district in terms of population, local aspirations, and socio-economic priorities;

3. consult and consider all available hazard, risk, and climate change data and information pertaining to the district, zone, and island or group of islands and subject to the criteria and requirements of Schedule 3, demarcate the hazard and related zones;

4. designate zoning and land use classifications for the district, zone, and island or group of islands;

    

5. ensure that all land will be zoned in order to achieve sustainable development of Seychelles whilst taking the present use into account;

6. ensure that any development or change in land use must not result in any increase in risk of hazard;

7. ensure that all land will be zoned according to, among other things, the level of hazard to which the land is exposed and a developer shall be responsible to demonstrate beyond reasonable doubt that the proposed development within a given area will not increase risk and how this will be achieved;

8. ensure that all development or land use change proposals in identified hazard-prone areas must include a risk assessment and a drainage strategy and this will apply whether the proposal is a government-led or private development and to all permanent buildings and structural changes.

    

(3) The Authority shall publish the draft land use plan for the district, zone, island, or group of islands with members of the public digitally, inviting the public to file their objections and comments within 30 days of its publication.

(4)The Authority shall give notice to the public of the publication of the land use plan for their inspection.

Draft Land Use Plan Publication 

             8.          Subject to regulation 7 (1), where  —

1. a land use plan for a district, zone, or island is prepared pursuant to section 22 of the Act; or
2. a national land use plan is prepared pursuant to section 23 of the Act;

3. a land use plan for a district, zone or island or a national land use plan is updated pursuant to section 24 and the update involves a change of classification of land use; or

4. a land use plan is reviewed pursuant to section 25 of the Act, 

the Authority shall cause to be published in the national media and the Authority's website and other referral agencies' websites, a notice  — 

1. that the Authority has prepared a plan referred to in 

paragraphs (a), (b), (c), or (d); 

2. of the place or places where copies of such plan may be inspected by the public; and

3. that any person may make objections or representations in writing to the Authority with respect to such plan.

Objections and Representations

9.(1) Any objections shall be made in writing to the Authority, within 30 calendar days of the first publication of a notice under regulation 8.

2. If within 30 calendar days of the first publication of a notice under regulation 8, any objection or representation with respect to a plan made in writing to the Authority, the Authority shall consider the objection or representation and make a determination upon such objection or representation specifying the reasons therefore.

3. If as a result of any objection or representation considered under subregulation (2), the Authority is of the opinion that any person or authority ought to be consulted, the Authority shall before they make any determination, consult with that person or authority but shall not, be obliged to consult any other authority or person, or to afford any opportunity for further objections or representations.
4. After considering any representation or objection and making any necessary determination the Authority shall finalise the land use plan.

Land Use Plan Approval 

10.(1) The Authority shall, upon finalisation of the land use plan under regulation 9, present it to the Minister for approval as provided under section 28.

(2) A land use plan, national land use plan, update, review or part of such plan, update or review shall be published in the Gazette, which become operative on the date on which it is so published.

1. the affected area is no longer defined as a high-risk area due to the implementation of long-term protection measures; or

2. detailed assessments that have improved the knowledge of the hazard process and have allowed an adjustment of the no-development zone.

(1) Maximum Development Plot Coverage

(2) Surface Types and Materials

One of the main purposes of the Development Plot Coverage limitations is to manage stormwater runoff. The table in Schedule 2 (2) is a guide on how different surfaces are counted in the calculation above.

Column A - The area of Sealed and covered surfaces should be taken as 100% of its area, as there is no infiltration. 

Column B - The area of Semi-pervious surfaces should be taken as 50% of its total area, as half the precipitation is infiltrated in the soil.

Column C - The area of pervious surfaces/ excluded surfaces should be taken as 0% of its total area, as all precipitation is infiltrated in the soil.

REQUIREMENTS FOR ALL APPLICATIONS

A complete submittal consists of the following forms and materials. Additional Information may be requested.

 Use Variance Form

 Notarized Consent of property owner /Title Deed

The owner consent form is required for the following applicants:

· The Applicant is not the owner of record for the subject parcel(s)

· The property has multiple owners (requires signature from each owner of record); or

· The applicant is a corporation or other entity (requires a signatory)

 Photographs of the site of the variance request

 Site plans, elevations, floor plans, or other supporting documents 

The Seychelles Planning Authority will only grant a use variance if the applicant provides evidence that they meet all three legal tests below. Briefly describe how each of the three variance tests are met. Attach all supporting materials.

1. Unnecessary hardship exists only if the property owner shows that they would have no reasonable use of the property without a variance. If the property currently supports a reasonable use, the hardship test is not met and a variance may not be granted. If a variance is required to allow reasonable use of a property, only that variance which is essential to support reasonable use may be granted and no more. The alleged hardship should not be selfcreated and should be peculiar to the property.

A proposed use may be reasonable when it: 

· does not conflict with uses on adjacent properties or in the neighbourhood, 

· does not alter the basic nature of the site (e.g., conversion of wetland to upland), 

· does not result in harm to public interests, and 

· does not require multiple or extreme variances.

Description of Hardship. Provide evidence of unnecessary hardship and describe how the alleged is not self-created.

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2. Unique property limitations: Unnecessary hardship must be due to unique physical limitations of the property, such as steep slopes or wetlands that prevent compliance. The circumstances of an applicant (growing family, need for a larger garage, etc.) are not a factor in deciding variances.

Unique Circumstances of the property. Describe how alleged hardship related to the property in question is unique and does not apply to substantial portion of the zone or neighbourhood.

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3. No harm to public interests: A variance may not be granted which results in harm to public interests such as:

· Promoting and maintaining public health, safety, and welfare

· Protecting water quality

· Protecting biodiversity and wildlife habitat 

· Maintaining natural scenic beauty

· Minimizing property damages

· Ensuring efficient public facilities and utilities 

· Requiring eventual compliance for nonconforming uses, structures, and lots 

· Any other public interest issues

Description of the Preservation of Public Interest. Provide evidence.

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