terms of reference: consultancy services to draft planning ... - CDEMA

TERMS OF REFERENCE:
CONSULTANCY SERVICES TO DRAFT PLANNING REGULATIONS
FOR THE VIRGIN ISLANDS
1.0 INTRODUCTION
The 2010 rainfall events which affected the Virgin Islands (VI), particularly the islands of Tortola,
Virgin Gorda and Jost Van Dyke, magnified the effects of the inappropriate land use practices
that had been occurring prior to these events. The rainfall events resulted in major slope
erosion and flooding that caused losses to property and damage to road infrastructure. Postevent
assessment reports cited inadequate land‐use planning and development control as
factors which contributed to the damage incurred. The Town and Country Planning
Department (TCPD) located in the Office of the Premier, is responsible for ensuring the proper
land use and spatial development of the Territory through integrated land use planning and
management, and public education. Land use planning designates and regulates the use of land
in order to select and adopt the best options to meet the Government of the Virgin Islands’
(GoVI) national socioeconomic development objectives. The primary functions of TCDP include:
a) Preparing and monitoring the physical development plans for the Territory;
b) Controlling the development of land having regard to proper planning standards;
c) Environmental management practices; and
d) Monitoring of development activities and enforcing planning control.
TCDP also serves as the Secretariat to the Planning Authority, to whom, the responsibility for
Development Control is delegated, under the Physical Planning Act, 2004 (the “Act”). The
operations of TCPD are guided by the “Act” and the Land Development Control Guidelines,
1972. The Act and the Guidelines make provision for: (a) the orderly and progressive
development of land in both urban and rural areas; (b) protection of the environment; (c)
granting of permission to subdivide or develop land; and (d) the acquisition and development of
land for planning purposes. The Land Development Control Guidelines also provide information
to developers applying for development permission.
The Department of Disaster Management (DDM) is responsible for ensuring that accurate
hazard data is used to inform and educate the public about areas at risk and to define required
mitigation measures to reduce the impact from natural hazards. The DDM also serves as a
member of the Planning Authority and provides hazard vulnerability assessments for various
development applications to allow for the Authority to make informed decisions.
GoVI understands that land‐use planning is essential to reducing disaster risks. In determining
the suitability of land for development purposes as well as decision‐making on development
applications, the Physical Planning Act allows for TCPD, the DDM and other regulatory agencies
to take into account, among other things, the susceptibility of the area to any natural or man‐

made hazards including flooding, erosion, subsidence, instability or other condition of the
physical environment.
While the Territory boasts a fairly modern and robust Act, there are no regulations in place to
carry into effect the provisions of the Act. In order for the Act to be effectively implemented, a
full range of regulations needs to be drafted to guide and regulate private and public sector
development, thereby reducing the Territory’s vulnerability.
2.0 OBJECTIVES
The objective of the consultancy is to reduce the vulnerabilities associated with climatic events
on the Virgin Islands environment, through the development and subsequent application of
Planning Regulations.
3.0 SCOPE OF WORK
The scope of services includes, but is not limited to:
a. Review of: (a) the Act in order to identify the sections of the Act requiring specific
regulations and generally to develop regulations for carrying into effect the provisions of
the Act; and (b) the Land Development Control Guidelines, 1972.
b. Development of the following Regulations:
I. Procedures to be followed and the form of any form or notice, order or other
document authorized or required to be served by the Act, in connection with
applications for grant of development permission (A revised draft of the Land
Development Control Guidelines already exists)
II. Procedures for environmental impact assessments and the form of
environmental impact statements (EIS) (a draft of this document already exists)
III. Incorporation of hazard vulnerability assessments to provide guidance for
making decisions on development applications.
IV. Fees payable under the Act including those related to the use of National
Geographic Information System (GIS) data, Hazard Vulnerability Assessments
and the process for submission of data by developers and other government
agencies to enhance National GIS datasets.
4.0 CONSULTATIONS
The consultants will be required to facilitate meetings for gathering feedback on the work
undertaken at various project stages as follows:
a) Conduct a series of stakeholder/focus group consultations to gather the views of the
various key departments and agencies such as, but not limited to, the Premier’s Office,
the TCPD, Department of Disaster Management, Survey Department, Conservation and
Fisheries, Land Registry Department, National Parks Trust, the Planning and Building
Authorities and the Attorney Generals’ Chambers, on the draft Regulations. The private
sector, Non‐Governmental Organisations and Community‐based Organizations, should

also be consulted. The stakeholder/focus group consultations should be designed to
ensure informed feedback from the stakeholders.
b) Prepare a brief report on the stakeholder/focus group consultations on the draft
Regulations, including the list of participants and the main conclusions and
recommendations.
c) Prepare the final draft Regulations as appropriate, based on feedback from the
stakeholder/focus group consultations.
d) Conduct a national consultation on the Act and the final draft Regulations.
e) Prepare the required documentation for submission and subsequent presentation of the
final draft Regulations to the Cabinet of Ministers.
f) The Consultant is expected to visit the Territory at least twice during the preparation of
the Regulations and to conduct local stakeholder consultations, to ensure that the
Regulations are in line with Government’s policies and procedures and other relevant
legislation governing the Territory.
5.0 INPUTS AND EXECUTING ARRANGEMENTS
Technical Assistance will be executed through TCPD in conjunction with the Department of
Disaster Management. Both departments will make available all relevant policies, guidelines
and other documentation to facilitate the completion of the consultancy.
6.0 QUALIFICATIONS AND EXPERIENCE
The Consultant shall possess:
• At least an LLB degree and a post graduate specialised qualification in Legislative
Drafting;
• A minimum of seven years’ legislative drafting experience; and
• Excellent organisational and communication skills. Specific experience in Planning and
Environmental Law will be an asset. Experience in legislative drafting in the Caribbean
context is desirable.
7.0 DELIVERABLES/OUTPUTS
The Consultant(s) will be required to submit two (2) hard copies and (2) digital copies of the
following reports to TCPD and DDM within the time periods indicated:
• Inception Report describing the approaches and timelines proposed to prepare and
deliver the scope of works outlined, within two week of the commencement of the
consultancy. TCPD and DDM will provide comments on this report within two weeks of
receipt of the report and the Consultant will adjust the ongoing work according to the
comments received.
• Draft Regulations to carry into effect the provisions of the Act for presentation and
discussion at stakeholder/focus group consultations with TCPD, Attorney General’s
Office and other relevant stakeholders.
• Report (Report 1) on the main discussions and conclusions arising from the
stakeholder/focus group consultations on the Draft Regulations. The report should also
include a list of the persons with whom discussions were held.

• Draft Final Regulations for presentation at a national stakeholder consultation within
two months after completion of Report 1. The Draft Final Regulations should take
account of the comments in Report 1.
• Brief report (Report 2) on the main discussions and conclusions arising from the
national stakeholder consultation to discuss the Act and Draft Final Regulations. The
report should include a list of the persons who participated in the national
consultation.
• Final Regulations after the submission of Report 2. The Final Regulations should take
account of the comments in Report 2.
8.0 DURATION
The Project is to be implemented over a period of six months.
9.0 INDICATIVE TIME FRAME AND MAN DAYS
CONSULTANCY SERVICES TO DRAFT PLANNING REGULATIONS FOR THE
VIRGIN ISLANDS
NO. OF
MAN DAYS
1 Inception Report 4
2 Draft Regulations 30
3 Report 1 3
4 Draft Final Regulations 14
5 Brief Report 2 3
6 Final Regulations 10
TOTAL MAN DAYS 64
9.0 COMMENTS BY THE CONSULTANTS
The Consultants are encouraged to make comments on, and suggestions for, improvements to
these Terms of Reference. The financial implications, if any, of these recommendations should
be indicated separately in the Financial Proposal.
10.0 TECHNICAL AND FINANCIAL PROPOSALS
A technical and financial proposal based on the Terms of Reference outlined above must be
provided no later than 4:30 pm on June 27, 2012.
The proposal must include full Curriculum Vitae for the consultant and each member of the
consultancy team (if team approach is utilised).
The Technical Proposal should indicate at minimum:
1. Proposed approach to be taken for the implementation of the consultancy
2. Evidence of stakeholder participation in the development of the proposed documents
3. Timelines
4. Curriculum Vitae of consultant and for each member of the team (if a team approach is

utilised)
The Financial Proposal should have a detailed budget breakdown with man days for each team
member identified.
The Consultant may be an individual or firm/company and should be able to assume duties
by July 15, 2012. The duration of the Consultancy is scheduled to NOT exceed a maximum of
five (5) months.
Further information may be obtained from Ms. Sharleen DaBreo at the DDM. Please send
applications to the contact and address below:
Ms. Sharleen DaBreo,
Director
Department of Disaster Management
#3 Wailing Road, MacNamara
Tortola VG1110
VIRGIN ISLANDS
E‐Mail: bviddm@surfbvi.com
Tel: 284 468 4200 Fax 284 494 2024