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Bill: Proposed Tall Buildings Permit Act

Tonga1

New member
Parliament Member
Joined
Jul 4, 2024
Messages
3
Author: Raymond West
Sponsor: Mr. Latutupou MP
Type: Act of Parliament


A
BILL
TO

Establish Permits for Tall Buildings in the City



Preamble: Tall buildings stand out in comparison to the other buildings within the city. It is essential that these structures meet higher standards to maintain the visual integrity of the city's skyline.

1. Regulation on Height
(a) In addition to existing regulation on plots, buildings over 40 blocks in height require government approval through a "High-Rise Permit." Buildings 40 blocks or shorter are exempt from this Act.
(i) Height shall be counted from the level of the road next to the plot to the highest point of the building.
(b) Property owners must apply for a High-Rise Permit to construct any building exceeding 40 blocks.

2. High-Rise Permit
(a) The government shall be given the authority to distribute a High-Rise Permit to property owners at their discretion in accordance with the provisions of this Act. This responsibility shall be assigned to the Ministry responsible for plot regulations.
(b) In the process of applying, the owner of the property must present their plan for the building to the government. The government may then evaluate the plan at their discretion based on the following possible factors:
(i) Appearance of the build itself.
(ii) Feasibility and detail of the building plan.
(iii) Location of the plot and how the building would look next to others.
(iv) Zoning limitations set out by the Ministry or through legislation.
(c) Approved permits are specific to the plot and building plans that were initially submitted. Obtaining a permit does not provide free reign to deviate from the original plans.
(d) The government must ensure equal opportunity and maintain consistent policies surrounding permits. Applicants who believe they have been unfairly treated may seek legal recourse.

3. Building Plans
(a) High-Rise Permits are tied to the building plans used to apply for the permit. The government reserves the right to revoke the permit if the building constructed on the plot is considerably different from the plans that were initially provided to them.

(b) To determine whether the plans are considerably different, the following should be considered:
(i) Alterations in building materials used.
(ii) Changes in the height of the build.
(iii) Major structural modifications.
(c) Should a property owner believe that the government has unjustly revoked their permit, they may challenge it in a court of law.

4. Applicability
(a) Properties with buildings that already exceed this Act shall be grandfathered in. However, should property owners wish to make major modifications to their building, they will need to obtain a High-Rise Permit. This modification rule shall apply to every property regardless of when the building was made.
(b) For any major modification, the government must be consulted and the property owner may be required to obtain a new permit. Major modifications may involve adding new floors, changing the type of exterior blocks, or demolishing the build to replace it with another.

5. Enforcement
(a) Failure to obtain a permit for a new build or modification covered by this Act may result in eviction.
(b) Property owners who fail to obtain the required permit will receive a 30-day notice to resolve the violation. If they do not obtain a permit or change the build to no longer apply to this Act, they will face eviction and a $500 fine.

Enactment: This Act comes into force immediately upon passage.
 
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