The Physical Planning (Land Use and Development Plans) Regulations 2023 (SI 90 2023) provide a structured compliance system for all residential development projects. This system includes specific regulations to control land use, plot coverage, green areas, and building height, with the objective of sustainable growth and environmental protection.

Core Compliance Areas:

Land Use and Zoning

Each residential project must align with designated zoning classifications. Developers should verify whether the proposed location is zoned for residential use and identify its density classification (low, medium, or high).

Development Plot Coverage

Adhering to maximum plot coverage is critical. For example, low-density residential projects allow for a maximum plot coverage of 30% (35% if connected to sewage), while high-density areas may permit up to 50%.

Natural Vegetation Landscaping

Developers are required to reserve a percentage of the plot for green landscaping based on the residential density. This landscaping provides ecosystem services like water filtration, shade, and stormwater management.

Failure to meet these compliance points can result in delays or denial of approval. For developers, understanding and adhering to these regulations in the initial planning stages streamlines the entire application process.

Table: Compliance Requirements by Residential Density

The SPA requires a formal application for all residential projects, regardless of scale. This process is designed to assess the feasibility, environmental impact, and alignment with local development plans.

Application Steps:

Pre-Application Consultation

It is recommended that developers consult with the SPA before submitting a formal application. This consultation helps clarify zoning rules, plot coverage limits, and any site-specific regulations that may impact the project.

Prepare Application Documents

The following documents are essential for the application:

1. Land Use Plan

   Describes the intended use of the land according to the zoning classification.

    

2. Site Plans

   Detailed plans showing the plot layout, building positions, landscaping, and green areas.

    

3. Environmental Impact Assessment (EIA)

   Required for projects located in sensitive or high-risk zones, the EIA should assess potential impacts on local ecosystems, including vegetation and wildlife.

    

4. Building Plans

   Detailed drawings indicating the building design, height, materials, and compliance with height and plot coverage regulations.

    

5. Submit the Application

   The completed application, along with all required documents, is submitted to the SPA for review. Applications can be submitted digitally, making it easier for developers to provide thorough documentation.

    

6. Public Notification and Comment Period

   For larger projects, the SPA publishes a notice for public review, inviting comments or objections from community members. This step is intended to foster transparency and community involvement in residential development.

    

7. SPA Review and Approval

   After the comment period, the SPA reviews the application in detail, evaluating compliance with zoning, plot coverage, landscaping, and environmental regulations. Approval or requests for adjustments are then communicated to the developer.

    

Table: Required Documentation for Residential Development Applications

Several key documents play a central role in the approval process for residential developments. These documents help the SPA ensure that each project meets the regulatory framework and contributes to sustainable development.

Key Documents:

Use Variance Application (if applicable)

This is required if the proposed use does not align with the current zoning table. Variances are granted only in cases of demonstrated hardship where the property cannot serve a reasonable use without deviation from zoning.

Notarized Consent of Property Owner

If the developer is not the landowner, a notarized consent form signed by the property owner is required. This document must be signed by each owner of record or an authorized signatory for corporate entities.

Site and Environmental Photos

Developers are encouraged to provide photos of the current site conditions and the surrounding environment. These images assist the SPA in understanding the site context, especially for projects requiring an EIA.

Public Objection Handling

In cases where objections arise from public notification, developers may be required to address specific community concerns and make reasonable adjustments. The SPA considers public input seriously and may request changes based on community feedback.

These documents and processes ensure that all developments respect Seychelles' land use principles and contribute positively to residential communities, the environment, and local infrastructure.

Table: Additional Compliance Documentation

Upon receiving SPA approval, developers are granted conditional permission to proceed with their residential project. Post-approval obligations are essential to ensure ongoing compliance throughout the development and beyond.

Post-Approval Requirements:

Site Inspections

The SPA conducts periodic inspections to ensure that the project adheres to the approved plans. This includes verifying plot coverage, building height, and landscaping as outlined in the original application.

Environmental Compliance

If the development included an EIA, the developer must adhere to any mitigation measures specified by the SPA. These may include maintaining green spaces, protecting native vegetation, or implementing stormwater management practices.

Final Inspection and Certification

After construction is completed, the SPA conducts a final inspection to confirm that the project fully complies with the regulations. Once certified, the property is formally authorized for residential use.

Ongoing Maintenance Obligations

The SPA may impose maintenance obligations to ensure that landscaped areas and other ecological features remain intact. This often includes maintaining green areas as natural vegetation, regular inspection of stormwater facilities, and ensuring waste management practices are in place.

Failure to meet these post-approval obligations can result in penalties, revocation of occupancy permits, or requirements for remedial action.