CHAPTER 355 THE URBAN PLANNING ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections AG of O n Section Title io ss rm i part i t p e PRELIMINARY PROVISIONS tho u wi 1. Short title. ted 2. Interpretation. u str ib di part ii d o r POLICY FRAMEWORK ce du 3. Fundamental principles of urban planning. pro 4. Objectives of urban planning. e r e y ba part iiik m o URBAN PLANNING INSTIisT bUo TIONAL FRAMEWORK h 5. Responsibilities of Minister. of t t 6. Appointment and responsibil iptaie rs of Director. 7. Appointment of town plan. Nn oers. 8. Delegation of powers b d rvye Director. 9. Planning authoritireess. e ts rig h ll part iv A ia. PLANNING PROCESS an nz (a) Declaration of Planning Areas 10. Ta oDf eclaration of planning areas. nte rnm (b) General Planning Scheme ov e 11. Purpose of general planning scheme. 5 G2 12. Contents of general planning scheme. 0 ©2 13. Draft general planning scheme. 14. General planning scheme. 15. Amendment and modification of scheme. 16. Review of general planning scheme. 681 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (c) Detailed Planning Scheme 17. Detailed planning scheme. 18. Objective and contents of detailed planning scheme. 19. Approval of detailed planning scheme. 20. Detailed planning scheme to have force of law. G. 21. Stages for preparation of detailed planning scheme. A f O 22. Publication in Gazette. n oio 23. Inspection by public. issm 24. Progress report and review. pe r 25. Scheme of regularisation. t ho u 26. Special planning area. wit 27. Declaration of hazard land. ute d 28. Condition for transfer of village or reserved land to general land. tribis 29. Matters to be considered in all planning scheme. r d o ed (d) Control of Development of Land and Consent fdour c Development 30. Powers of planning authority. ro rep 31. Planning consent and environmental impact ass bees sment report. 32. Change of use. aym 33. Sub-division. oo k 34. Applications. b his 35. Planning consent to lapse. t of 36. Penalty. art p 37. Planning authority to give. o d Nreasons. 38. Register of applications rv .e 39. Suspension and can e ecselation of approval for change of use. 40. Determination hotfs pr lanning space standards. 41. Approval ofl lp rl igans and registration of instruments. 42. Authorit A iaie. s responsible for control of Development in planning area. 43. Givinzga nor withholding planning consent. 44. D Tuat ny of planning authority to execute and enforce scheme. 45. o nt Pf lanning authority not to withhold planning consent. n4m6 e. Supplementary provisions as to grant of planning consent. r ve 47. Revocation and modification of planning consent. o 5 G 48. Development charge. 2 20 49. Rates and method of calculation of development charge. © 50. Development charge to be charge on land. 51. Determination of development charge by planning authority. 52. Designation of conservation areas. 53. Consent to carry out works within conservation area. 54. Determination of applications. 682 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] 55. Returns of designations. 56. Director may disallow planning consent. 57. Appeals. 58. Conservation guidelines. 59. Injury to amenity. G. 60. List of areas and buildings of historic or architectural interest. OA f 61. Effect of inclusion of area or building in list. ion o iss part v erm PURCHASE OF LAND, ACQUISITION AND COMPENSATION p ou t th (a) Purchase of Land by Planning Authority d w i 62. Purchase notice by landholder. te rib u (b) Land Acquisition di st or 63. Land holder may require land to be acquired. edc 64. Restriction on right to require land to be acquired. u rod ep (c) Compensation r be 65. Value of land for purposes of compensationm. ay 66. Compensation for injury caused by scheomo ke. 67. Factors to be taken into account in asisse bssing compensation. 68. No compensation in certain cases. f th o 69. Date when compensation bec opam rtes payable. 70. Payment of compensation. iNn o certain cases before detailed scheme in operation. edv 71. Claims for compen er essation. ts r igh (d) Claim for Betterment r 72. Planning .a Au ltlhority may claim for betterment. ia za n n (e) Disputes Settlements 73. Df To eatermination of claims and recovery of amounts due. en t rnm part vi veo SUPPLEMENTARY PLANNING POWERS 5 G 02 74. Powers of entry. ©2 75. Redistribution of land. 76. Enforcement notice. 77. Temporary provisions pending operation of scheme. 683 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] part vii MISCELLANEOUS PROVISIONS 78. Application to land regulated by other enactments. 79. Regulations. 80. Amendment of Schedules. AG. 81. Annual reports. O of 82. Repeal and savings. ion 83. Planning consent granted under repealed law. iss erm ut p SCHEDULES tho d w i ute str ib i r d ed o uc pro d e r e ay b k m oo his b t rt o f o p a N d. erv e res ts rig h . A ll nia nz a of Ta nt rnm e e ov 5 G 20 2 © 684 CHAPTER 355 THE URBAN PLANNING ACT . An Act to provide for the orderly and sustainable development of land in AG urban areas, to preserve and improve amenities; to provide for the grant f O n o of consent to develop land and powers of control over the use of land an io issd to provide for other related matters. pe rm [10th Junute o , 2008] [GN. N o th w.i 75 of 2008] Acts Nos. ed 8 of 2007 bu t 9 of 2017 i dis tr or ce d du PART rIep ro PRELIMINARaY e y bPROVISIONS ok m Short title 1.–(1) This Act may be c o s ibted as the Urban Planning Act. (2) [Omitted.] i f th art o Interpretation 2. In this Act, u p Nnoless the context otherwise requires- Cap. 355 “Act” meansve tdh . e Urban Planning Act; “agricultu er esre” includes horticulture, fruit growing, seed growts h irng, dairy farming, the breeding and keeping of l ig lli rvestock including any creature kept for the production ia. A n of food, wool, skin or fur, or for the purpose of its use za an in the farming of land, the use of land as grazing land, f T o meadowland, market gardens and nursery grounds, and t men the use of land for woodlands where that use is ancillary ve rn to the farming of land for other agricultural purposes; Go 5 “amending scheme” means a scheme amending a general 20 2 planning scheme or detailed planning scheme prepared © pursuant to the provisions of section 15; “betterment value” means an amount recoverable under section 74 by a planning authority from a landholder whose property is increased in value by virtue of the 685 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] coming into operation of any provision contained in a planning scheme; “building” means any structure or erection and any part of any structure or erection of any kind whatsoever . whether permanent, temporary or movable, and whether OAG completed or uncompleted; n o f “building operations” includes rebuilding operationsi,ois structural alterations or additions to building and poet rmher similar operations and the making of accesso u t roads, railways, waterworks, sewerage and draini nwigth works, d electrical and telephone installations and abnu tye road works preliminary to, or incidental to the erec i dtisi tor n of buildings; “building works” includes waste materia olrd s , refuse and other matters deposited on land and refecedu rence to the erection or construction of building or pwroe orks shall be construed accordingly; be r “building scheme” includ mesay a scheme of development whereby land or estatoeob kis laid out in lots and built upon for the purpose of tshais le or otherwise in lots or sections by a common vendrto or f to purchasers; “built-up area”o pm a eans an area which is predominantly developedd w. N e ith buildings; “conservasteiro v n” means the preservation, enhancement or rerestotsration of- (a ri)g h ll the character or appearance of a conservation area; or . Aia (b) the trades, crafts, customs and other traditional an nz activities carried on in a conservation area; f T a o “density” means the intensity of use of land reckoned or nt e expressed in terms of the number of persons, dwelling rnme units or habitable rooms or any combination of those v G o factors, per unit area of land; and for the purpose of 25 20 this definition habitable does not include a kitchen, © storeroom, bathroom or garage; “detailed planning scheme” means a scheme prepared or adopted pursuant to the provisions of section 17; 686 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] “development” means the carrying out of any building operation, engineering operation or mining operation in, on, under or over any land, the sub-division of laying out of land, or the making of any change in the use of land, . but does not include- OAG (a) the making of any change of use from a purpose within of n any class which may be prescribed to the use thereisosf io for any other purpose within the same class; or ermp (b) any other operation or change of use which omu t ay be prescribed; ith d w “development charge” means the developbum te ent charge imposed under section 48; tri dis “Director” means the Director appoindt eo rd pursuant to the provisions of section 6; ce du “dwelling” means a building or aenp ryo part of or portion of a building, used or constructe bde ,r adapted or designed to be used for human habitatimoany , as a separate tenancy or by one family, whether dbe k otoached, semidetached, or separated by party walls or fl is thoors from adjoining buildings or part or portion of thrt eo f same building together with such out buildings as aor pe a reasonably required to be used or enjoyed; “engineering o. Ned perations” includes the formation of or laying out roa r sde sv and means of access to roads; e “erectihotsn r” in relation to buildings, includes extension, all lrti geration and re-erection; “ A iae.xisting building” or “existing building works” means, n nz a respectively, a building or works erected, constructed or f T a o carried out before the date this Act becomes applicable to nt e the area in which the building or works, as the case may rnme be, commenced before, but completed after such date; Gov “existing use” means any building or the use of that building 5 20 2 or land for any purpose of the same character for which © it was used before the date this Act becomes applicable to the area in which the building or land is situated; “fence” includes any hoarding or paling used as such banks and walls; 687 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] Cap. 113 “general land” has the meaning ascribed to it by the Land Act; “general planning scheme” means a scheme prepared pursuant to the provisions of section 14; . “hedge” means trees or stumps grown to mark the boundaries G OA of an enclosure; f n o Cap. 113 “land” has the meaning ascribed to it by the Land Act; io iss “landholder” means a holder of a granted right of occup rm peancy or customary right of occupancy or derivative ruito g ht of occupancy; ith d w “land use plan” means any plan prepared orb ua tedopted by a planning authority and includes a resouisrtd crie management sector plan; or d “local government authority” has thedu m ce eaning ascribed to it Cap. 287 under the Local Government e(pD ro istrict Authorities) Act r Cap. 288 and the Local Government (Ue b rban Authority) Act; “material date” in relation tmo a yany planning area means the date on which the ordoeo k b r published in the Gazette by the Minister under sec is thtion 10 becomes operational; “Minister” means rt toh f e Minister responsible for land use planning; pao Cap. 113 “National Leadn . Nd Advisory Council” means the Council establissehr ved under section 17 of the Land Act; e “occup r htiser” means any person or body or organisation in al crigl tual or physical occupation of land or premises or any A ia. person having the charge, of the land or premises either za n n on his own account or as an agent of another person, but Ta of does not include a lodger; nt e “owner” in relation to land or premises, means the holder ern m of a granted right of occupancy or customary right of ov G occupancy or lease for a period of not less than twelve 250 years; ©2 Cap. 113 “peri-urban area” has the meaning ascribed to it under the Land Act; “planning area” means an area declared to be a planning area under this Act; 688 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] “planning authority” means a planning authority referred to in section 9; “planning consent” means a consent to develop land within a planning area given by the authority empowered to give . such consent pursuant to the provisions of this Act; OAG “public street” means any street over which the public has of n a right of way and which is or has been usually repairie io ssd or maintained by the Government or local governpme rment authority; t ou “road” means any road whether public or p riitvhw ate and d includes any street, square, court, alley, briudteb ge, footway, path, passage or highway whether thoro tri duisghfare or not; “scheme” means a general planning socr d heme, a detailed scheme or amending scheme or drue cedevelopment scheme made under this Act; ep ro “site” in relation to any bu bield r ing includes offices, out buildings, yards, courts ay omr garden occupied or intended to be occupied therewiotkbo h; “small islands” meansth iis slands declared under section 26; “special planning rta or fea” means an area referred to under section 26; pao “street” includ. N e des any road, square, footway or passage, whetheserr va thoroughfare or not, over which the public has e a rigtsh rh t of way, and also the way over any public bridge, a g ll nri d includes any road, footway or passage, open court ia. Aor open alley, used or intended to be used as a means of an nz access to two or more holdings, whether the public has a Ta of right of way or not, and all channels, drains and ditches t en at the side of any street shall be deemed to be part of that rnme street; v G o “sub-division” in relation to land, means the division of any 5 20 2 land other than buildings held by one person or held by © a number of persons indivisibly into two or more parts, whether the sub-division is by conveyance, transfer or partition or for the purpose of sale, gift, lease or any other purpose and “sub-divide” has a corresponding meaning; 689 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] Cap. 426 “town planner” means a person registered as a town planner under the Town Planners (Registration) Act; Cap. 113 “urban area” has the meaning ascribed to it by the Land Act; “urban authority” has the meaning ascribed to it under the . Cap. 288 Local Government (Urban Authority) Act; AG O “urban land” means land within the boundaries of an urban n o f authority; siois “use” in relation to land, does not include the temporarpye r muse of land by the carrying out of any building, enginoue t ering, mining or other operation thereon; ith d w “village” means a village registered undeurteb the Local Cap. 287 Government (District Authorities) Act; tri dis “Village Assembly” has the meaning ads oc r ribed to it by the Cap. 287 Local Government (District Autho e du crities) Act; “Village Council” has the meaningep a roscribed to it by the Local Cap. 287 Government (District Auth oberirties) Act; “village land” has the mean y min a g ascribed to it by the Village Land Act; ok bo “Village Land Counci tl h”is has the meaning ascribed to it by the Cap. 114 Village Land Acrt .o f pao d. N e PART II erv res POLICY FRAMEWORK hts g Fundamental 3. AWll riith a view to giving effect to the fundamental principles of principles of a. urban planning ntihe National Land Policy and the National Human Settlements nz a a Development Policy, all persons and authorities exercising T t o f powers, applying or interpreting the provisions of this Act n me shall be under the duty to- ve rn (a) make serviced land available for shelter and human o 5 G settlements development in general to all sections 02 ©2 of community including women, youth, the elderly, disabled and disadvantaged; (b) improve the level of the provision of infrastructure and social services for sustainable human settlements development; 690 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (c) facilitate the creation of employment opportunities and eradication of poverty; (d) promote a balanced development of a clearly defined hierarchy of settlements in promoting human . settlements development; G OA (e) promote and include the participation of the private of n and popular sectors, Community Based Organisationssiois (CBOs), Non-Governmental Organisations (NGerOmp s), co-operatives and communities in land use plaonu tn ing; (f) protect the environment of human seith w ttlements d and ecosystems from pollution, degbur teadation and destruction in order to attain sustaindaisb trlie development; (g) promote the building of capacidt ioe r s in training and retraining of professionals in fidue cleds related to land use planning; ro ep (h) promote capacity buildin r bge of all actors involved in land use planing; and ay m (i) ensure planningb o olkegislation, building regulations, standards and is thother controls are consistent with the capabilities, f r t oneeds and aspirations of the various sections oo fp athe population. d. N e Objectives of 4. The objeercvtives of urban planning to which all persons and urban planning s authorit ireets s exercising powers under, applying or interpreting this Arig h l ct shall be to- Al ia. (a) facilitate efficient and orderly management of land use; za n (b) empower land holders and users, to make better and n f T a more productive use of their land; nt o e (c) promote sustainable land use practices; rnme (d) ensure security and equity in access to land resources; ov G (e) ensure public participation in the preparation and 250 implementation of land use policies and plans; ©2 (f) facilitate the establishment of a framework for prevention of land use conflicts; (g) facilitate overall macro level planning while taking into account regional and sectoral considerations; 691 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (h) provide for inter sectoral co-ordination at all levels; (i) ensure the use of political and administrative structures and resources available at national, regional, district and village levels; and . (j) provide a framework for the incorporation of such AG O relevant principles contained in the national and of n structural development policies as may, from time istso io time, be defined by the Government. erm ut p o PART III ith d w URBAN PLANNING INSTITUTIrO te ibuNAL FRAMEWORK t dis d o r e Responsibilities 5.–(1) The Minister shall ensure thato dt uhce principles stipulated of Minister under section 3, and the aspects oref p rthe national development vision as may be defined, and wy bh eich are relevant to the urban planning are incorporated in a k tmo plans at all levels of the planning process. o bo (2) Notwithstandinthgisf the generality of the provisions of subsection (1), the o a rMt inister shall- (a) secure cNoon p sistency and continuity in the framing and executdi.rve on of a comprehensive policy with respect to th e rees use and development of all land in the country; (b)g h tsd irect measures to ensure that Government policies l ril A including those for development of land take adequate nia . account of their effects on land use; and za an (c) review development policies and direct their of T t incorporation into schemes in accordance with the n me provisions of this Act. rn ov e 5 GAppointment and 6.–(1) There shall be appointed by an appropriate authority the 02 responsibilities of 2 Director Director of Urban Planning. © (2) The Director shall be the principal adviser to the Minister on land use planning and shall, in addition, discharge such other duties as are conferred upon him by this Act. 692 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (3) Without prejudice to subsection (2), the Director shall- (a) initiate, undertake or direct studies and research into matters concerning town planning; (b) issue guidelines to planning authorities on proposals . for declaration of planning areas, preparation of G OA general planning schemes, land use plans and detailed of n planning schemes; siois (c) issue guidelines prescribing size of land in any ppae rmt of the country for zoning purposes; t ou (d) set standards for planning authorities on ith w the most d appropriate use of land including landu teb management such as change of use, extension of uds ri iset, sub-division of land and amalgamation of land; or d (e) issue guidelines on planning dsup ceace standards, norms and criteria for the benefi ro epcial uses of land and its protection for the maint r ebne ance of the quality of land; (f) issue guidelines on de y mn asity of buildings on land, height, design, appearancbeo oaknd siting of buildings; (g) co-ordinate r eths ise arch, investigation and inventory relating to tort wo fn planning and land use planning and to collect, coo pll aate and disseminate information about the findin . N edgs of such investigation or research; (h) co-eorvs rdinate establishment and operation of a system of re htsd ocumentation, the formation, updating and managing g ll r i of data banks and dissemination of information relating ia. A to town planning; an nz (i) establish and maintain liaison with other countries and Ta of international organisations with respect to issues and nt e matters relating to town planning; m ern (j) approve all planning schemes, monitor and evaluate Gov their implementation; 25 20 (k) approve applications for change of use of land in © planning areas; and (l) approve applications made by developers for sub- division of land or plots in planning areas. 693 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] Appointment of 7.–(1) There shall be appointed by the Permanent Secretary town planners Act No. of the Ministry, such number of town planners, who shall 9 of 2017 s. 32 assist the Director in the performance of his duties and exercise powers vested upon him by this Act at Zonal or other . appropriate levels as may be required. G OA (2) The Permanent Secretary shall, in appointing a town n o f planner under this section, ensure that the appointed persosniois is a person of proven probity with qualification, skillpse ramnd practical experience in urban planning. t ou with [s. 6A] ute d Delegation 8. The Director may, in performing his functriibs ons under this of powers by i Director Act, delegate some of his functions to th oer dtown planner and Act No. such delegation shall be published in thucee dGazette. 9 of 2017 s. 32 d pro [s. 6B] e e r Planning 9.–(1) Every city council, munaiyc bipal council, town council and authorities township authority shall eack o hm become a planning authority in respect of its area of juri o iss bdiction. (2) For avoidancef t o hof doubt, establishment, conferment t of status and expar p nsion of boundaries of local government authorities menNtod. ioned under subsection (1), shall be made by the Ministerv ee responsible for local governments who shall have regard tso r e ms atters prescribed in the Fifth Schedule. (3 ri) htg Where the establishment, conferment of status and exApll . ansion of boundaries of a local government urban authority neiaza ngulfs villages, such villages shall be de-registered pursuant Tan to the relevant local government law. ofnt (4) The Minister may, by order published in the Gazette rnm e and after consultation with the Minister responsible for local e ov government, designate any body or organ established by 5 G 02 any written law to be a planning authority or joint planning ©2 authority for purposes of this Act. (5) A planning authority shall in that capacity- (a) ensure that planning incorporates gender perspectives and vulnerable groups; 694 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (b) secure the orderly and environmentally sustainable development in its respective area of jurisdiction; (c) ensure that the schemes are geared towards vertical growth rather than horizontal growth; . (d) general planning schemes shall put a limit to municipal AG O physical growth after which development shall be f n o directed to satellite towns; io iss (e) prepare general planning schemes, and deptea rmiled planning schemes for implementation in itso ua t rea of jurisdiction; ith d w (f) control density of buildings on land; te bu (g) control means of access to land or bu i diisl tdr ings; (h) adopt planning space standards, ndo or r ms and criteria for the beneficial uses of land; ce du (i) regulate the height, designe,p raoppearance and siting of buildings; r be (j) designate special are ma asy whereby legal rights can be granted for the engboa ogkement in agricultural activities and in that pursuan tht i sf acilitates planned urban agriculture; (k) grant plannirtn og f consent; (l) recommeon pd a declaration of planning areas; (m) recomedm . Nend approval of building schemes made by desveer vlopers; e (n)h tsr er commend approval of applications made by ll r ig developers for sub-division of land or plots; a. A i (o) secure the co-operation of all agencies, utility bodies, an nz land holders and other bodies and institutions involved Ta of in preparation and implementation of planning process; t en (p) promote individual home ownership; ern m (q) encourage the private sector to effectively contribute ov G towards housing provision; 02 5 2 (r) preserve ancient monuments and buildings of historic © or architectural interest; (s) conserve buildings, premises or land, open spaces, recreational areas, hazardous land and parks; 695 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (t) preparation of schemes for development of self sustainable neighbourhoods; and (u) monitor and evaluate progress of the general planning schemes and detailed planning schemes. . (6) Every city council, municipal council, district council G OA and town council shall employ a qualified town planner. of [s. ion s7s] erm i p PART IV ut tho PLANNING PROCESS wi ted bu (a) Declaration of Planning Aresatr i di s r Declaration of 10.–(1) The Minister may, by order pubeldi sohed in the Gazette, planning areas c declare any area of land to be a plannroidn ug area. (2) Every planning area shall h arev pe defined boundaries. (3) Declaration of planning b a yareea shall be preceded by- (a) favourable responseo ka mt public hearing or public hearings in the area condius cb oted by the planning authority; (b) resolution b th rt o yf planning authority recommending declarationpa of planning area; and (c) positiveN ro . ecommendation by the Regional Secretariat of thrvee drespective region. (4) A e rcesopy of every order made under this section, together with iagh m ts ap of the area, shall be posted by the relevant planning au r . Ath ll ority at such public places within the planning area. ia an [s. 8] nz f T a t o (b) General Planning Scheme n Purrpnom e e se of 11.–(1) The purpose of a general planning scheme is to ogveneral planning coordinate sustainable development of the area to which it 5 Gscheme 02 relates in order to promote health, safety, good order, amenity, ©2 convenience and general welfare of such area as well as efficiency and economy in the process of such development. (2) Without prejudice to the generality of subsection (1), the purpose of a general planning scheme shall be to improve 696 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] the land and provide for the proper physical development of such land, and to secure suitable provision for transportation, public purposes, utilities and services, commercial, industrial, residential and recreational areas, including parks, open . spaces, agriculture and reserves and for the making of suitable OAG provision for the use of land for building or other purposes. of n (3) For purposes of subsection (2), a general planninissg io scheme may provide for planning, re-planning, re-developmermp ent or re-constructing the whole or part of the area compruti o sed in the scheme, and for controlling the order, nature an th wdi direction d of development in such area. te bu (4) A general planning scheme shall be a gusitr i di de to all persons involved in town planning under this Act.or d (5) Where the Minister is satisfiedu ced that, by complexity of the boundaries of land within anp roe area scheduled or likely to be scheduled in a genera ble rplanning, the preparation and execution of a detailed ay m scheme for orderly layout and development of land is impokbo ractical unless provision made for redistribution of land is t hin that area, he may by notice in the Gazette, declare thrat ot f the provisions of the Fourth Schedule shall apply to suoc hp a land. (6) The deetda . iNled scheme may make provisions for the Fourth Schedule aenrvs d the provision of the Fourth Schedule shall apply e to suchs l rht and in the execution of such scheme. (ll7 ri) g Any reference in this Act to a detailed scheme to which t iah. e A provisions of the Fourth Schedule are applied under an nz paragraph (a), shall be construed as references to a detailed of Ta scheme in which provision may be made for redistribution of t en land in accordance with the provision of the Third Schedule. ern m [s. 9] ov 25 G 0 Contents of 12.–(1) For purposes of preparing a general planning scheme, ©2 general planning scheme a planning authority shall- (a) carry out surveys of the whole of the planning area; (b) prepare an inventory of planning resources in that area; and 697 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (c) compile a survey report, maps and other descriptive matters. (2) Without prejudice to the generality of subsection (1), a general planning scheme shall consist of- . (a) technical report on the conditions, resources and OAG facilities in the area; n o f (b) a statement of policies and proposals with rega io mirssd to the allocation of resources and the locationpes r for development within the area; ut o (c) description and analysis of the con dwiitthions of d development in the area as may be necesbsua tery to explain and justify the statement of policies adin tdris proposals; (d) relevant studies, data and reportsd co ro ncerning physical development of the area; ce du (e) maps and plans showing perpe rsoent and future land uses and development in the aer erb a; and (f) any information as th y me a Director may deem necessary. (3) The planning author k boi oty shall, in addition to the provisions of this section, take in ttho is account matters specified in the First Schedule when prep f rt aoring a general planning scheme. o p a [s. 10] . Nd Draft general 13.–(1) Theerv e s planning authority shall pass a resolution for planning scheme prepara e tst rion of a general planning scheme, hereinafter referred to als r ig“ hthe draft general scheme”, in respect of a planning area l aian. Ad shall cause such resolution to be published in the Gazette. anz (2) The planning authority shall, within six months of n f T a such publication, prepare a draft general scheme and submit nt o e it to a meeting of all stakeholders, which shall include ern m landholders, public and private institutions, Community ov G Based Organisations and Non-Governmental Organisations 02 5 in the area. ©2 (3) In the event of a positive resolution passed by the meeting, the planning authority shall deliberate upon the draft general scheme and in the event of endorsement signified by a resolution, the planning authority shall submit the general 698 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] scheme to the Regional Secretariat within two months following passing of the resolution. (4) The Regional Secretariat shall deliberate upon, receive the draft general scheme and shall within two months of . receipt reject the plan or submit it to the Director together G OA with recommendations and comments. n o f [s. 1is1s] io erm General planning 14.–(1) The Director shall make the draft general plat npou ning scheme scheme available to the public by publication at l ewai thst in one local newspaper and any other means. ute d (2) Within three months of such publicatiisotr inb , the planning authority shall conduct a public hearing i d onr the planning area the proceedings of which shall be recoredduc ed and be submitted to the Director. d pro (3) The Director may, make e ar e b lterations or modifications to the general planning schemm aye after taking into account the public hearings and views k o o f the Regional Secretariat. (4) Upon satisfactions, bhi the Director shall approve the general planning scheme anofd t rt thereafter submit the scheme to the Minister. pao (5) The Min. Nd ister shall, cause the general planning scheme to be publ e siesrh v ed in the Gazette. rets [s. 12] h l ri g Amendment and 15A.–l. (1) The Director may amend the general planning scheme modification of an ia scheme z on request of the planning authority and after consultation an T with the Regional Secretariat. f t o (2) The planning authority shall conduct public hearing in men rn the planning area on content of the proposed amendment at e ov least two months before making such request. 5 G 02 [s. 13] ©2 Review of general 16.–(1) The general planning scheme shall be reviewed by the planning scheme planning authority where the need arises. (2) Notwithstanding the provisions of subsection (1), the Director may direct a review of the general planning scheme 699 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] be made at any time within ten years of its publication in the Gazette. (3) The planning authority shall, at regular intervals of twelve months, submit to the Director a progress report and . evaluation of the operation and implementation of the general G OA planning scheme. of n [s. 1s4s]i o erm i p (c) Detailed Planning Scheme t tho u i Detailed planning 17.–(1) A planning authority may, on its own moetdi own, prepare scheme a detailed planning scheme in respect of all or atrn t ibuy land situated within a planning area notwithstanding that daisr general planning scheme has not been prepared for the pleadn oning area. (2) A landholder may prepare a dode utcailed planning scheme r on his land notwithstanding that rae p detailed planning scheme has been prepared by the plann ibneg authority in respect of that ay land so long as it conforms kt om general planning scheme. (3) A joint detailed psl ba ononing scheme may be made by two or more planning auoth i f thorities. (4) Every deta pail rted planning scheme shall be a demand driven, and s.h Na ol l specify and define the area in which it relates includedrv ing a plan in which shall be shown the extent of the sche se rme e and such other matters as may conveniently be inclu ts idghed therein. A(ll 5 r) In making a detailed planning scheme, every planning aiau.an thority and any landholder shall take into account the z Tan general planning scheme as published by the Minister. f t o (6) An urban authority and district authority shall men n incorporate in the detailed planning scheme, land use plan of er ov villages within its area of jurisdiction. 5 G2 (7) A detailed planning scheme may be amended where the 0 ©2 need arises. (8) A landholder who wishes to have a detailed planning scheme relating to his land prepared or amended may, in such manner as may be prescribed, apply in writing to the planning authority. 700 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (9) It shall be the obligation of the Minister, the Director and the Regional Secretariat to assist planning authorities and landholders in preparing detailed planning schemes. (10) Where the boundaries of a planning authority are so . altered and any part of its land to which a detailed planning OAG scheme falls within the boundaries of another planning of n authority, the detailed planning scheme shall remain in foriscse io in respect of that land and shall be deemed to be detearmp iled planning scheme of such other planning authority. ut ith o d w [s. 15] ute Objective and 18.–(1) The objective of every detailed plannsitrn ibg scheme shall contents of i detailed planning be to coordinate all development activitieosr, d to control the use scheme and development of land including inte ed ucnsive use of urban land and, in particular, vertical and compprao dct urban development. (2) A detailed planning schem rebe e may be a long term or short-term physical developmm ye a nt scheme or for renewal or re-development of any part ko oo f the planning area. (3) A detailed plann b hisng scheme shall consist of: t (a) a survey in rt roe f spect of the area to which the scheme relates anod p c aarried out in a manner as may be prescribed; and d. N (b) maprsvese and descriptions as may be necessary to indicate tst hr ee manner in which the land in the area may be used. ( gh l4 ri) A detailed planning scheme may make provision of Al ma. i atters set out in the Second Schedule. anz [s. 16] n Ta Approvanl to off 19.–(1) An amendment or review of detailed planning scheme, detailmede planning schrenme shall be submitted to the Regional Secretariat for scrutiny and e ov on receipt of the scheme, the Regional Secretariat may forward 25 G 0 it to the Director either without, or subject to such conditions ©2 or modifications as it may consider necessary or may direct the planning authority to prepare a new scheme. (2) The scheme made under the provisions of subsection (1), shall be forwarded to the Director for approval. 701 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (3) Any scheme submitted to the Director shall be approved within thirty days from the date the scheme is and unless it is disapproved in which case the Director shall furnish the relevant planning authority with written grounds for . disapproval within that period. OAG (4) This section shall not apply to detailed schemes referred n o f to under this Act. io iss [s.r m17] ut pe o Detailed planning 20. An approved detailed planning scheme sha ith scheme to have lwl have the force of law force of law and may be enforced by a court uotef d competent jurisdiction. rib di st or [s. 18] ce d Stages for 21.–(1) Preparation of a detailedr u odplanning scheme by a preparation of detailed planning planning authority shall pass thro uree gph the following stages: scheme (a) initiate the process by pya ba ssing a resolution of intention to prepare a detaileodk p mlanning scheme; (b) convene a mee o ist bing of all stakeholders, including landholders, th of public and private institutions, t Commun iptay r Based Organisations and Non- Goverdn o . mN ent Organisations in the area to be affected; (c) in tehrve e event of a positive resolution by the said meeting, e rne s s dorsing the proposal and the planning authority ht rig shall proceed to prepare a detailed planning scheme; . A( lld) within three months of the making of the scheme the nia za planning authority shall conduct a public hearing or n Ta hearings in the planning area; and f nt o (e) make alterations or modifications, if any, by taking into e rnm account the results of public hearing before submitting ov e it to the scheme for its approval. G 02 5 (2) After preparation of the detailed scheme by the ©2 landholder, it shall be forwarded to the planning authority for consideration, approval and adoption. 702 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (3) A detailed planning scheme shall not be prepared by the planning authority contrary to any of the stages under subsection (1). [s. 19] . AG Publication in 22.–(1) The planning authority shall, within thirty days after f Oo Gazette a scheme has been approved under section 15, 16 or 19, causseio n s it to be published in the Gazette including a statement tmhier at the scheme has been approved with or without modiufit p o cation and may be inspected during working hours at the pith w laces and times specified in the notice. tedu (2) A detailed planning scheme shall takei setrff ibect seven days following the date of publication in the Ga d ozr ette. ed du c [s. 20] ro Inspection by 23.–(1) All schemes approved bey r etphe Director under section public 19 shall be kept by the relevany tba planning authority and such schemes may be inspected bky mo the public during working hours, and a copy of which shal b isl b oe made available to any person upon payment of a fee pre socf trhibed by the Minister. t (2) Copies of aplal r schemes approved under section 19 shall be sent to thed .R o Negional Secretariat and planning authority for custody. e erv s r es [s. 21] htig Progress report 24. A.– ll r(1) Every planning authority shall, at regular intervals and review noiaa f twelve months, submit to the Regional Secretariat and the nz Ta Director a progress report and evaluation of the operation t o f and implementation of the detailed planning scheme in a en nm prescribed format. er ov (2) Every detailed planning scheme shall be reviewed by the 5 G2 planning authority, within five years or at an extended time as 0 ©2 the Director may determine. [s. 22] Scheme of 25.–(1) An area intended for a scheme of regularisation shall regularisation be declared as a planning area under this Act. 703 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (2) The inventory of studies referred to under section 61 of Cap. 113 the Land Act shall be prepared by experts who shall, among others, include a town planner. (3) The inventory report in relation to the studies made . under the provisions of subsection (2), shall determine the AG O need for- f n o (a) amending a general planning scheme; io iss (b) amending a detailed planning scheme; or ermp (c) preparing a new planning scheme. t ou (4) The draft scheme of regularisation refe rwri tehd to in d subsection (1), shall include a planning schembue te determined in accordance with subsection (3), whichd is thriall involve the community. d o r Cap. 113 (5) Where the Minister declares a dsuc cheeme of regularisation under section 62 of the Land Aepc rot such declaration shall constitute approval of the dr abfte r planning scheme for the relevant area. may ok bo [s. 23] his t Special planning 26.–(1) The Directo f rrt omay, by notice published in the Gazette and area after consultationo p w a ith the relevant planning authority, declare any area withd .u Nnique development, potential or problems, as a special p rve selanning area for the purpose of preparation by the relevantst rp e lanning authority of a planning scheme irrespective of wl rhige hther such area lies within a planning area or not. l ia. A(2) Subject to the provisions of subsection (3), the Director anz may, by notice published in the Gazette, suspend for a period n f T a of not more than two years, any development as deemed t o en necessary in a special planning area until the detailed planning m ern scheme in respect of such area has been approved. v G o (3) Where, before the declaration of a special planning 250 area under subsection (1), and a planning consent has been ©2 granted by a planning authority for development in the area, such permission shall not be affected by the suspension if the development in respect of which the permission is granted 704 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] has been commenced not less than six months before the suspension of development of the kind in the special planning area. (4) The Minister may, after consultation with the Ministers . responsible for natural resources, environment, and national OAG security, by an order published in the Gazette, determine and of n declare small island to be a special planning area. iss io (5) For purposes of subsection (4), the Minister pes rhmall make regulations for proper use that shall take into oauc t count environmental protection, sustainable developmth d w i ent and national security. bu te (6) The Minister shall, after consultation dwisi trtih the Ministers responsible for natural resources and eonr d vironment, by an order published in the Gazette, determ ce duine and declare beaches wetlands, mountainous areas andproe coastline to be special planning areas. be r (7) For purposes of subse cmtaiyon (6), the Minister shall make regulations in respect of ok bboeaches and coastlines development and ensure accessibilittyhi st o all members of the public. rt o f [s. 24] o p a Declaration of 27. A declaratdi.o Nn of hazardous land by the President under the hazard land Cap. 113 Land Act sehrv e s all be deemed to be a declaration of a planning area for thet sp r eurpose of preparation of detailed planning scheme undl erirg h this Act. . A l ia [s. 25] za n Condition fo n rT a 28. A resolution by the relevant planning authority of intention transfer otf ov fillage or reserevned land to make a detailed planning scheme shall be a cause for transfer to grennmeral land of land from village or reserved land to a general land. ov e [s. 26] 5 G 02 ©2 Matters to be 29. Without prejudice to any provision of this Act, any general considered in all planning scheme planning scheme or detailed planning scheme prepared under this Act shall make provisions in relation to matters set out in the Third Schedule to this Act. [s. 27] 705 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (d) Control of Development of Land and Consent for Development Powers of 30. Subject to the provisions of this Act, each of the planning . planning authority authority shall have power to- G f O A (a) control the use of land, development of land and n o buildings in the interests of proper and orderislsy io development of the planning area; erm p (b) control sub-division of land or existing pl uttho s into t smaller areas; i d w (c) formulate by-laws to regulate zoning in urteespect of use and density of development; trib di s (d) consider and approve all applicadt oi rons for consent to e develop land and to grant the sdua cme; (e) ensure the proper executireopn ro and implementation of approved planning scheym b ee s; and (f) reserve and maintain malak l land planned for industrial and commercial purp boos oes, formal and informal housing, urban agricultf uthr ise, urban forests and green belts, open spaces and prta oa rks in accordance with approved planning schemes.o pN ed . v [s. 28] r se Planning 31.–(1h) e ts Nr otwithstanding the provisions of any other written consent and environmental law rtigll o the contrary, a person shall not develop any land impact wia.i Athin a planning area without planning consent granted by assessment reportan nz the planning authority or otherwise than in accordance with Ta of planning consent and any conditions specified therein. nt e (2) Notwithstanding the provisions of any other law to the ern m contrary, the consent of the planning authority under this ov 5 G section shall be a condition precedent to the consideration by 022 licensing authority of any application for the issue of a licence © for any purpose involving development of land. (3) Where in connection with an application for planning consent to develop land and subject to any other relevant law, the planning authority is of the opinion that proposals 706 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] for industrial location, dumping sites, sewerage treatment, quarries or any other development activity shall have injurious impact on the environment, the applicant shall be required to submit together with the application of an environmental G. impact assessment report. OA [s. 29] of n ss io Change of use 32.–(1) Subject to the provisions of this Act, any person beermin i g Cap. 113 a holder of a granted right of occupancy who intends toou c t hp ange or vary the use of any land shall comply with the pr th woivisions of the Land Act. ute d (2) A person not being a holder of a r isgt r ibanted right of occupancy who intends to change or vary o rt dhe use of any land shall comply with the provisions of thius d c eAct. pro d [s. 30] ree Sub-division 33.–(1) A person shall not suy ba bdivide any land unless that person- k mo (a) obtains written a o isp bproval from the Director and a copy of the written apopf t rhoval shall be forwarded by the Director t to the Co r mpamissioner for Lands, together with a plan of the a. Nd poproved sub-division on which dimensions of all lorvtee s, widths of streets and back lanes and such other sp ra esrticulars as the planning authority may consider ht rig necessary has been shown; and . A( llb) deposits with the nearest planning authority a sum an ia z sufficient to cover the fees for the survey of all lots Tan comprised in the permitted sub-division or of such lots ofnt as the Director of Surveys and Mapping may consider e rnm desirable to be surveyed at the same time. ov e (2) The planning authority may accept such security in lieu 5 G 02 of the deposit for survey fees as he may consider sufficient ©2 guarantee for the payment of fees when required. [s. 31] 707 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] Applications 34.–(1) An application for planning consent to develop land or approval to subdivide land or to change use of land shall be made to the planning authority or the Director as the case may be, in the form and a manner prescribed by regulations made . under this Act. OAG (2) In considering an application, the planning authority n o f or the Director may, subject to the regulations made undisesr io this Act, grant consent to develop or, approval to sub-deivrmp ide land or, to change the use of land, as the case may boeu, t either unconditionally or subject to such conditions awsi t h may be d necessary or may refuse the application. bu te (3) In dealing with any such application, tshtr i di e Director shall act in conformity with the provisions of tohr d e general planning scheme and any other approved schem e due c. (4) Without prejudice to the preop rvoisions of subsections (2) and (3), conditions may be impo bse rd on the grant of any consent to develop or, approval to s y mu ab-divide land or, to change the use of land, as the case moao k b y be, given there under and those conditions may provid is of the- (a) for the comrt mencement or completion of any work before thoe p e axpiration of a specified period; (b) for reeqd .u Niring deposits to be placed with such public or ssert vatutory authority as the planning authority may ts e h pr ecify, to secure the compliance with the requirements g ll r i of that public or statutory authority; and A ia. (c) for compliance with any guidelines or requirements n nz a issued by the conservation authority for the purposes a of T of conservation or any other requirements related en t thereto. ern m [s. 32] v 5 G o 02 Planning consent 35.–(1) Subject to the provisions of subsection (2), every ©2 to lapse planning consent granted to carry out any building operations on an application to develop land pursuant to subsection (1) of section 34, shall lapse if the development is not completed within three years from the date of the grant of consent or, 708 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] in the case where an appeal has been brought against the conditions imposed by the planning authority, within three years from the date of determination of the appeal. (2) The planning authority may, in its discretion, renew the . consent for such period as it may consider necessary. OAG [s. 33] of ion ss Penalty 36.–(1) A person who contravenes sections 31, 32, 33, 3 i er4m or 35 shall be liable to pay such penalty as shall be pr t p oeuscribed by the Minister in regulations for every day during th w iwhich the contravention continues. tedu (2) Recovery of such penalty may be order r isetd ib by the District Land and Housing Tribunal on inter parti eors dapplication by the planning authority. ce d u (3) Every person who fails to coromd ply with any condition imposed under subsection (2) or ( 3re p be ) of section 34 shall be liable to a penalty as prescribed by thye ma Minister in the regulations or each day during which thek oo failure continues and recovery of such penalty and cance b hilsl ation of the consent or approval may t be ordered by the Disoft rt rict Land and Housing Tribunal on inter parties applicatioo np a by the planning authority. . Nd [s. 34] e erv Planning 37.–(1)s Th s re e planning authority or Director, as the case may be, authority to give reasons shal lr,ig w ht ithin sixty days of receipt of an application for consent to ll . Adevelop or approval to sub-divide any land or to change the nia za use of land, grant or refuse the application. n Ta (2) Where an application is granted under subsection (1), of nt subject to conditions or refused, the planning authority shall e rnm give its reasons in writing for the decision. e ov (3) Where as a result of unavoidable circumstances, the 5 G 02 planning authority or Director is not able to make a decision ©2 on an application, the planning authority or Director may defer the decision on the application for such further period as he may think fit. 709 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (4) Where the planning authority or the Director has failed to respond within the period specified in subsection (1), it shall be implied that the application has been granted. [s. 35] . AG Register of 38.–(1) The planning authority and the Director shall each f Oo applications maintain a register of applications in the prescribed form an ion ssd shall keep records of all consents and approvals granteed i rm or refused under this section. t p ou (2) The register of applications and copies of suwcit h h records together with such plans, as may be relevant, d ustheall be made available for inspection by members of publiisctr i bon payment of such fees as may be prescribed. r d ed o uc [s. 36] rod Suspension and 39.–(1) The Minister may, by eo p reder in a prescribed form, cancelation of approval for suspend the operation of any ba approval for change of use change of use granted by the Director foro ks much period as may be specified in Cap. 113 such order. o is b (2) Immediately aftf t o ehr making an order for suspension, the t Minister shall appoar p int an inquiry under section 18 of the Land Act. No ed . (3) Thee rMv inister shall, by order in a prescribed form, lift the suspreess nsion order if the inquiry recommends that the susp re t ignhsion be lifted. . A( ll4) The Minister shall, by order in a prescribed form, on the anz riaecommendation of the inquiry, cancel the approval for change n Ta of use of land earlier granted and shall serve such cancellation of nt order upon the Director, and the planning authority and to the rnm e applicant within twenty one days of the making of such order. ve [s. 37] 5 G o 02 ©2 Determination of 40. Each planning authority shall have power to determine planning space standards planning space standards, density of buildings on land, height, design, and appearance and siting of buildings, manner 710 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] of access to land and buildings in its area of jurisdiction in accordance with set of national standards. [s. 38] Approval of plans 41. Approval of any survey plans for the purposes of sub- G. and registration A of instruments division of any land, and an instrument of transfer of a right of O in any land sub-divided shall not be made without evidence sisni o n writing of approval of sub-division by the Director. mi r t p e ou [s. 39] ith Authorities 42. Notwithstanding the provisions of any other dw wte ritten law, responsible for control of the planning authority shall be the autho u str iibty responsible Development in for controlling and regulating developmer nd i o t in the relevant planning area planning area. ce d u rod [s. 40] re p Giving or 43. In giving or withholding apy l baenning consent, the planning withholding m planning consent authority shall have regarkd to any scheme in course of o preparation for the p o sl banning area concerned and shall i withhold planning coof tnh sent to any development, which may render abortive an rt pay scheme in course of preparation. . N o [s. 41] edv Duty of planning 44. Uponre st ehre coming into force of a scheme, it shall be the duty authority to ts execute and of the hpl anning authority to execute and enforce such scheme g enforce scheme in Acllo rintrolling and regulating development within its planning aar. ni ea and shall always conform to the requirement, intent and nz a a purpose of such scheme. of T t [s. 42] enm Plaenrnning 45. A planning authority shall not withhold planning consent oavG uthority not to withhold for the enlargement, improvement or alteration of any building 02 5 2 planning consent existing at the material date, if such enlargement, improvement © or alteration of any building existing at the material date does not- (a) increase the original building by more than one eighth in floor area, provided that, such enlargement, 711 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] improvement or alteration does not increase the total floor area of the building, the proportion of the site covered, or the height of the building, beyond the limits prescribed in the appropriate provisions in course of . preparation; OAG (b) involve the pulling down of the building to the extent n o f of more than one-half the superficial area of the maisisn io containing walls of the building, account being ptea rmken of any previous works of alteration subsequen t out to the material date; ith d w (c) conflict with any provision in a schemeu teb for reserving the site of any road or proposed road,d ias tnriy improvement line or building line; or d (d) seriously injure the amenities ofc edu the neighbourhood; (e) involve the use of such peapr rot of the building in any noxious or otherwise off r be nsive manner, except in an offensive industrial zomnay e; (f) occupy land prop oos k b ed to be reserved or zoned by the scheme for any s th p i urposes, the carrying out of which in the future wo oufrt ld necessitate the removal or alteration of such eon pla argement, improvement or alteration; or (g) interfedr. e eN with the safety of traffic at or near the corner bensedr v or a junction of any road. e hts r [s. 43] l ri g l Supplementary 4ia6. A. The power to grant consent to develop land shall include provisions as to n grant of planningz a power to grant consent for the retention on land of any n consent f T a buildings or works constructed or carried out on that land. o en t [s. 44] m Rvee rn o vocation and 47.–(1) The planning authority may revoke or modify the 5 Gmodification of 02 planning consent consent to develop land granted on an application if it appears ©2 to it expedient to do so having regard to the general planning scheme or detailed planning scheme and to any other material considerations. 712 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (2) The power to revoke or modify consent to develop land may be exercised where it relates to- (a) construction of building or other operations before those operations have been completed; or . (b) a change of the use of any land, at any time before the AG O change has taken place. n o f (3) Where consent to develop land is revoked or modifiiesdios and, if it appears that any person interested in the lanpde rmhas incurred expenditure in carrying out the work wuht o ich is rendered abortive by the revocation or modificatioith w n or has d otherwise sustained loss or damage that is direc te btuly attributable to the revocation or modification, that perdsiso trin shall be paid compensation by the planning authority du on r der this Act. e du c [s. 45] pro Development 48.–(1) There shall be paid to bteh ree planning authority a levy charge referred to in this Act as a ady m evelopment charge for every application, planning con k oosent including amendment to the planning consent and ahpisp broval to sub-divide land or to change t the use of land gran f rt oted by the Director under section 32, 33 or 34 and for appo lpi acation and consent granted by the planning authority undde. r N section 35. (2) The rdvese evelopment charge may, in the discretion of the plannintsg r e authority, be levied on the- (la ri)g h owner of the land with respect to which consent or Al ia. approval is made or granted; or anz (b) person making the application for the grant of consent an f T or approval. o en t (3) Notwithstanding the provisions of section 43, the ern m Director or the planning authority shall not grant consent Gov or approval until the development charge has been paid or 5 02 secured to its satisfaction. ©2 [s. 46] 713 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] Rates and method 49.–(1) Subject to this section, the different rates and the of calculation of development methods of calculation of the development charges payable charge under section 48 shall be prescribed by the Minister by regulations published in the Gazette. . (2) The planning authority shall, by order, determine the AG O amount of the development charge. of n (3) The planning authority shall serve a copy of the order osniois the person liable to pay a development charge. ermp (4) A person who is dissatisfied with the order serv t oeud upon him under subsection (3), may, within forty-five wdi thays from d the date of the order, appeal to the District Lanbdu t eand Housing Tribunal. ri ist or d d [s. 47] ce du Development 50. Where, any development is coprmo menced or carried out charge to be charge on land without payment of the develop bme erent charge, the development charge shall be a charge on mtha ye land of a person from whom the development charge iso od ku e. b thi s [s. 48] t o f Determination 51. A determinati r poan of a development charge by the planning of development charge by authority or ad.n Nyo other sum due under this Act shall not be planning affected by e e rveason of any mistake in the- authority (a) sn ra esme of any person liable to pay the development t rig h charge or other sum due; A(ll. b) description of any land with respect to which the an ia z development charge or other sum is payable; or n Ta (c) amount of the development charge or other sum. t o f n [s. 49] e rnm oDve esignation of 52. The planning authority may, in consultation with the 5 Gconservation 2 areas Director of Antiquities, the Director of Environment and ©20 other relevant organs, designate a conservation area which shall be an area or premises of special architectural, historic, traditional, aesthetic or biodiversity interest the character or appearance of which is desirable to preserve or restore. [s. 50] 714 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] Consent to carry 53.–(1) Subject to the provisions of the Environmental out works within conservation area Management Act, a person shall not, without the consent of the Cap. 191 planning authority, carry out any works within a conservation area. . (2) All applications for consent to carry out works within a G OA conservation area shall be made to the planning authority in of n the form and manner prescribed by regulations made undesriois this Act or any other relevant law. rm t p e tho u [s. 51] w i Determination of 54.–(1) In considering applications made undeterdu subsection applications (2) of section 53, the planning authority mastyr i,bi subject to the regulations made under this Act, grant c oor ndsent to carry out any works within a conservation area,u ceei dther unconditionally or subject to such conditions as it cproon d siders desirable or may refuse consent. e r e b (2) In dealing with any msayu ch application, the planning authority shall act in con k ofoormity with the provisions of the general planning schemse bhi and any scheme. t (3) Without prej rut od f ice to subsection (1), conditions may be imposed on theo gp arant of any consent given thereunder, and those conditiod.n Ns may limit the period for which the consent is granted an e sedr v may provide for- (a) tsr er equiring deposits to be placed with such public or l ri gh statutory authority as the planning authority may l ia. A specify to secure the compliance with the requirements anz of that public or statutory authority; Tan f (b) requiring deposits to be placed with such public or nt o e statutory authority as the planning authority may ern m specify to secure the compliance with the requirements Gov of that public or statutory authority; 5 02 (c) compliance with any guidelines or requirements issued by ©2 the planning authority for the purposes of conservation or any other requirements related thereto; and (d) the cancellation of such consent in the event of failure to comply with any conditions imposed thereunder. 715 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (4) Every consent granted under subsection (2), shall lapse if there is no development within three years from the date of the grant of the consent. (5) Where an appeal has been lodged against the conditions . imposed by the planning authority, within two years of the date OAG of the determination of the appeal, except that the planning f n o authority may, in its discretion, renew the consent for sucshiois period as it may consider necessary. ermp (6) A person who contravenes the provisions of sub t ousection (1) of section 53 or fails to comply with any conditio wni th imposed d by the planning authority, shall pay such penbaul ttey as may be prescribed by the Minister in regulations for i di se trvery day during which the contravention continues, and r dt ohe recovery of such penalty may be ordered by the Distdrui ccet Land and Housing Tribunal on inter parties applicatioenp rboy the planning authority. (7) The planning authority em r b ay cancel the consent in relation to which the conditiona y m that the person failed to comply with was imposed providboe odk that the person affected shall be afforded the right to beh is t heard before the cancellation. (8) The planning aouf thority shall, within sixty days of receipt of an application pfa rt o or a consent to carry out any works within a conservatiodn. e Narea, grant or refuse the application and shall, where these r vapplication is granted subject to conditions or refused re hts and thereafter give reasons in writing for the decision. (ll9 ri) g Where as a result of unavoidable circumstances the p A ial.anning authority is not able to make a decision, the planning an nz authority may defer the decision on the application for such Ta of further period as the planning authority thinks fit. nt e (10) The planning authority shall maintain a register of ern m applications and keep records of all consents granted or v G o refused. 25 20 (11) The register of applications and copies of such records © together with such plans as may be relevant thereto shall be made available for inspection by any member of the public on payment of such fees as may be prescribed. 716 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (12) Notwithstanding the provisions of this section, the applicant shall comply with all relevant provisions of any other written law applicable to the conservation area. [s. 52] . AG 55. The planning authority shall submit to the Director a copy of O Returns of designations of every designation order under section 53 and returns sosfi o n all applications and consents granted or refused undere rmth i is section. p ou t th w i [s. 53] ted Director may 56. The Director may disallow any planning ibu disallow planning s tcr onsent granted consent by the planning authority under this Act ar nd i o d shall submit to the planning authority the reasons for rce efdusal. u rod [s. 54] rep Appeals 57.–(1) A person who is aggrieyv ba eed by- (a) declaration of a plankn ming area; o (b) publication of a ds be otailed planning scheme; i (c) declaration oof f a th scheme of regularisation; (d) declaration rt pa of a special planning area; (e) declaratioo . N n of hazard land; (f) granrvte o d r rejection of application for planning consent, c rhe saenge of use or sub-division; (gi)g h tsgrant of planning consent or change of use or sub- All r . division with conditions; niaa (h) revocation or modification of planning consent; nz Ta (i) amount of development charge; of t (j) grant or rejection of application or cancellation of en nm consent to carryout works in a conservation area; er ov (k) disallowance of consent; 25 G (l) restraining order; or 20© (m) enforcement notice, may appeal to the District Land and Housing Tribunal within forty-five days from the date of the notification or publication of the decision. 717 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (2) Where an appeal is brought under this section to the District Land and Housing Tribunal, the Tribunal may dismiss or allow the appeal unconditionally or subject to such conditions as it deems fit or may reverse or vary any part of the G. decision. OA [s. 55] of sio n s Conservation 58.–(1) Subject to the provisions of the Environmenmtier al guidelines Cap. 191 Management Act, the planning authority maoyu t pissue guidelines for the conservation of any buildin th wgi or land within a conservation area to which section 5u2te dapplies, and may additionally to such other requirements,tr ibis particulars and information relating to conservation as th e d or planning authority may think fit. ed uc (2) The planning authority shall ppruo dblish and make available copies of such guidelines, reqe b ureirements, particulars and information issued under sumbas y ection (1), for free inspection and shall submit a copy ofo t kh o e guidelines to the Director. is b h [s. 56] f t t o Injury to amenity 59.–(1) Where it r p a ppears to the planning authority that the amenity of andy. N aorea is seriously injured by the condition of a garden, vaceravn e t site or other open land in the area, the planning authorit yres ms ay serve on the landholder and occupier of the land a no rtigi hcte requiring measures to be taken to abate the injury, w.i Ath ll in the period specified. nia za (2) A person who, fails to comply with the requirement Tan of the notice served upon him under subsection (1), shall be ofnt liable to pay such penalty as the Minister may prescribe in e rnm regulations for each day during which the failure continues ov e and recovery of such penalty may be ordered by the District 5 G 02 Land and Housing Tribunal on inter partes application, by the ©2 planning authority. (3) Where, within the period specified in the notice or within such further period as the planning authority may determine, measures required to be taken have not been taken, 718 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] the planning authority may apply to the District Land and Housing Tribunal for orders that the planning authority may enter on the land and take those measures and may, without prejudice to any penalties recoverable under subsection (2), . recover from the person to whom the notice was served, any OAG expenses reasonably incurred by it in connection with the of n taking of those measures. io iss (4) The planning authority may recover any exppeen rmses reasonably incurred in taking measures pursuoua t nt to subsection (3). ith d w bu te [s. 57] i ist r List of areas 60.–(1) The planning authority may com orp dile a list of areas, and buildings ed of historic or buildings or groups of buildings of uscpecial architectural or architectural historic interest and may amend apnroy d list so compiled, such interest areas may include- re be (a) buildings; y ma (b) artefact; oo k (c) group of buildinsg bhi s; t (d) areas of uniqrt uo fe biodiversity; and (e) rare specoie ps a of trees and special trees. (2) Befored . Ncompiling or amending any list under this section, theervs pelanning authority shall consult with the Director of Anti qrets uities, owners and occupiers of such buildings incl h lu ridg ing such persons or bodies of persons as it appears to it l a A nia p. propriate. za (3) After a list has been compiled, a copy of the list certified n f T a by or on behalf of the planning authority to be a true copy shall o en t be deposited for public inspection at the offices of the planning ern m authority and shall be published in the Gazette. Gov (4) As soon as may be practicable after the inclusion or 5 02 exclusion of any building from a list referred under this section, ©2 the planning authority shall serve a notice on every owner and occupier of the building, stating that the building has been included in, or excluded from, the list, as the case may be. [s. 58] 719 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] Effect of inclusion 61.–(1) Where an area, building or group of buildings is of area or building in list included in a list compiled under section 60, a person shall not execute, cause or permit to be executed, any work for the demolition of the building, or for its alteration or extension, . unless at least two months before the work is executed, a notice AG O in writing of the proposed work has been given to the planning of n authority. iss io (2) The planning authority shall have power to restrainer mp any proposed demolition, alteration or extension of suocuh t area, building, or group of buildings provided that such wreithstraining d order shall be in writing and shall be served onb tuh tee owner and occupier within fourteen days of receipt of thtridis e notice by the planning authority. d o r (3) A person who, contravenes the ce dpurovisions of subsection (1), or carries out any works after a prroe estraining order has been served, commits an offence and r sbehall be liable to pay penalty as may be prescribed by the Minaiy m ster in the regulations. ok bo [s. 59] f th is art o PART V PURC o p NHASE OF LAND, ACQUISITION ed . rv AND COMPENSATION e s r es ht (a) Purchase of Land by Planning Authority rig Purchase notice 62 ll . A.–(1) A landholder whose land is allocated in the general by landholder anp ialanning scheme for development for a public purpose, other nz Ta than a green belt, may upon completion of the development of nt of any contiguous land belonging to him in accordance with nm e the consent granted by the planning authority, serve on the er ov planning authority a notice referred to in this Act as a purchase 5 G2 notice requiring his interest in the land so required for that ©20 public purpose to be purchased by the planning authority. (2) A landholder may serve a purchase notice on the planning authority if refused consent to develop land allocated in the general planning scheme for a public purpose other 720 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] than a green belt in an area where consent may otherwise have been granted for such development of land. (3) The planning authority shall investigate every purchase notice served and where it is satisfied with the correctness, it . may purchase such interesting land or if it is not satisfied with the OAG correctness it shall transmit the purchase notice to the Regional n o f Secretariat together with information as to the specific pubilsisc io purpose relating to the land and information regardinpge rmany consent granted to the owner of the interest in land to d t oeuvelop it notwithstanding the allocation of the land for a publ wici t hpurpose. d (4) Where the Regional Secretariat is satisufiteb ed with the correctness of the purchase notice, shall dirisetrc i d t the planning authority to purchase the interest in land. or d (5) Whenever the planning authordiut cye purchases interest in land it shall, immediately, submit tporoe the Regional Secretariat and the Director a returning in ae p r b rescribed form. (6) The Regional Secretarmia ayt may reject a purchase notice where the land in its pr ok beosent state is capable of reasonable beneficial use or whertehi st he land is not as such in the opinion of the Regional Secrtr oe ftariat be required for development for a public purpose oo tph aer than a green belt, within five years from the date of seerdv . Nice of the purchase notice. (7) Wheerrvs e the Regional Secretariat rejects a purchase notice, shall disr r e ht ect the planning authority to initiate proceedings in the g llD ri istrict Land and Housing Tribunal for a declaratory order t iah. a At the land be acquired by the President under the Land n Cap. 118 a nz Acquisition Act. of Ta (8) The Tribunal may make such declaratory order or any en t other order it deems fit including an order that the interest ern m in land be purchased by the planning authority in accordance ov G with the purchase notice. 25 20 (9) For the purpose of this section, land within a © conservation area shall not be deemed to be land allocated in the general planning scheme for development for a public purpose. [s. 60] 721 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (b) Land Acquisition Land holder may 63.–(1) Subject to the provision of section 62, if by reason of require land to be acquired any provision in a detailed planning scheme- (a) the whole of any un-divided plot or parcel of land G. within a planning area will not be permitted to be A f O developed; ion o (b) so great a proportion of any land within a plann ss mini g area cannot be permitted to be developed tht apt e r the remainder is incapable of reasonable developmthoe u i nt; or (c) any land within a planning area has beend e wsevered in t such manner that one or more severedtr ibp uortions are so small or so badly shaped as to be incapdiasr ble of reasonable development, ed o c the landholder may serve notice o u rfo dappeal on the planning authority requiring it to cause his lrea pnd to be acquired in whole or in part. y b e a (2) Where the planningk mauthority agrees to the demand o of the landholder made buos nder subsection (1), it shall advise i the Director accordinf to gh ly and where agreement between the planning authoriptay rt and the landholder as to the value of such land can.n No ot be reached, such land shall be acquired as though ther vaec dquisition were a compulsory acquisition made under th re s eprovisions of the law relating to the compulsory acquishittsig ion of land. ll r ia. A [s. 61] za n Restriction on an 64.–(1) A landholder shall not be entitled to require the right to requf iTre land to bet o planning authority to cause his land to be acquired if acquimreedn development is prevented only by any provision of a scheme ernv which zones his land as unfit for buildings or agricultural land. Go 5 (2) A landholder shall not be entitled to require the planning 02 ©2 authority to cause any land to be acquired if development is prevented only by any provision in a scheme that has been zoned or a land awaiting later zoning or land on which development is deferred for a period, pending the issue of a general planning scheme, unless- 722 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (a) the zoning of such land is not determined within two years or such longer period not exceeding five years as the Minister may, for good cause, direct in any particular case after the date of the coming into effect . of such scheme; OAG (b) no scheme has been made within the period specified n o f in paragraph (a); and io iss (c) the landholder of such land has, since the expiratioernmp of the period specified in paragraph (a) made appulit o cation for planning consent for temporary developimth w ent and d such consent has been unreasonably witbhu the eld. i dis tr [s. 62] d o r (c) Compensationceu rod Value of land 65.–(1) Subject to the provisio ren p of subsection (2), the for purposes of be compensation value of any land within a playn ning area shall, for purposes ma Cap. 113 of determining the amoukn t of compensation payable, be calculated in accordance o s bw o ith the provisions of the Land Act. (2) In giving pla thi onf ning consent under the provisions of this Act to the temartp p orary development of any land within a planning area., o Nth e planning authority concerned may give such plannirn d veg consent on the condition that the value of such tempora e rrey s development shall not be taken into account for the piguh trsposes of assessing any compensation payable to the lan ll r Adholder of such land and, in such case, the value of any ant iae.mporary development shall not be taken into account for the z Tan purpose of assessing compensation payable. nt of [s. 63] me Cvoem rnpensation for 66. Subject to the provisions of this Act, any landholder- G oinjury caused by 5 scheme (a) whose land is injuriously affected by the coming into 022 operation of any provision contained in a scheme; © (b) who, for the purpose of complying with a provision contained in such scheme or in making or resisting a claim under the provisions of this Act relating to compensation, has incurred expenditure which is 723 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] rendered abortive by a subsequent revocation or subsequent modification of such scheme; (c) who suffers loss or injury by reason of the operation of any provision of a scheme or any action taken by a . planning authority in pursuance of such scheme which OAG prohibits the continuance of or terminates the use of a of n building or land existing at the material date and nisost io conforming with the provisions of the scheme; ermp (d) who is entitled to compensation under the prouvt o isions of this Act; or th d w i (e) whose mining rights or forestry rightsu teb are rendered abortive by the coming into operatiodnis troi f any scheme, Cap. 113 shall, upon making a claim in, accordda on r ce with the Land Act within the time limited by the dLua cend Act be entitled to recover as compensation from t re hpero planning authority the amount to which his land is de b creased in value by reason incurred, the amount of ab omratyive expenditure or the loss or injury suffered. oo k is b th [s. 64] rt o f Factors to be 67.–(1) Subjecto pt ao the provisions of the Land Act and taken into account in regulations mda. d Ne under the Act, in assessing compensation- assessing (a) theerrev e s shall be taken into account any enhancement of compensation st hr e Cap. 113 t e value of such land, or any other land under the same l ri gh ownership, whether in the same planning area or not, l a. A i by reason of any provision contained in any scheme or anz any work executed in accordance with a scheme; and Tan (b) where the use of a building or land is prohibited because nt of e such use does not conform with the scheme applicable, m ern such non-conforming use shall- ov G (i) in the case of land, be deemed to have a life of 02 5 twenty-five years from the material date; and ©2 (ii) in the case of a building, be deemed to have a life assessed according to the nature and condition of its structure, but in any case not exceeding twenty- five years from the material date. 724 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (2) Any compensation payable in respect of the termination or prohibition of such non-conforming uses shall be related to the unexpired portion of its life so calculated. [s. 65] . AG No compensation 68. Compensation shall not be made- f O in certain cases (a) by reason only of the withholding of planning consentio n o ss by the planning authority pursuant to the provision i rms of this Act; t p e ou (b) in respect of any development commence wdi thafter the material date unless such development wauste c dommenced pursuant to, and accords with planniisntrg ib consent given in respect thereof; and d or (c) in respect of any provision cuo d cne tained in a detailed planning scheme adopted purosdp uant to the provisions of subsection (1) of sectionb 2e 2re. y ma [s. 66] ok Date when 69. The compensation ubois nder this section shall be paid as compensation becomes payable provided for under t ohf eth Land Act and the Village Land Act. Cap. 113 artp [s. 67] Cap. 114 o . N Payment of 70.–(1) Nortvwe dithstanding the provisions of this Act to the compensation in certain cases contrary se r,e where- s before detailed (ai)g h tin any planning area, a person develops land in scheme in ll r operation . A accordance with planning consent or refused planning ia an consent; an z T (b) in giving or refusing planning consent, the planning t o f authority shall have regard to a detailed scheme in men n preparation for the planning area concerned; and er ov (c) the provisions of the detailed scheme in preparation G 25 which affect the land or development or causes loss or 20© injury to a person in such away that had the scheme been in operation at the time planning consent was given or refused, such person shall be entitled to recover compensation in respect of that land under the provisions of this Act and the 725 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] planning authority shall pay compensation as if the scheme were in operation at the time the planning consent was given or refused. (2) Where any compensation made under this section is . accepted- OAG (a) objection by a person who accepted the same or any f n o person claiming title under him shall not be allowiessd io to any provision of a scheme deposited in accordpea rmnce with this Act by virtue of which compensation woua t s paid under this section; and ith d w (b) further compensation shall not be paid ibnu treespect of the operation of such provision or in res t dpise rict of such land, or by reason of any modification od fo rs uch scheme when made, or by reason of such p ce durovision being omitted from such scheme when epa rpoproved by the relevant authority. r y b e ma [s. 68] oko Claims for 71. A claim for compeins bh sation under this Act shall be made compensation f t Cap. 113 in accordance with rtt ho e relevant provisions provided for under the Land Act. a No p d. [s. 69] e se rv rets (d) Claim for Betterment h Planning 72A.–ll r(ig1) Where, by the coming into operation of any provision authority may claim for nc iao. ntained in a scheme, the value of property which is within a betterment an z the area in which the scheme apply is increased, the plan of T t authority may, within three years after the date in which the n me provision came into operation or within three years after the ernv completion of the work that caused increase in the value of the o 5 G property in question, be entitled to the value so increased of 2 20 any amount calculated. © (2) A claim in respect of betterment shall be made by serving upon the person from whom the amount alleged to be payable is claimed accompanied by a notice in writing and shall be stating the grounds of the claim and the amount claimed. 726 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (3) The landholder shall be discharged from liability once he has paid the claim together with interest, if any, and other claim shall not be made in respect of the same scheme and the same property. . (4) Any sum recoverable under this section may be OAG recovered by the planning authority in the District Land and n o f Housing Tribunal as a civil suit or may be set-off against ansyiois landholder’s claim to compensation under the provisiopne rsm of this Act. t ou (5) Where the planning authority receives any amithw ount for d betterment under this section, it shall, immedbui taetely, make a report to the Regional Secretariat and the Ddiirse trictor. (6) Where any provision of a scheme is r d roevoked or modified by a later scheme, a property shall not b ce deu deemed to be increased in value by any provision containeedp rion the later scheme if and in so far as that provision is the s baem r e, or substantially the same, as a provision contained in th y k m ea scheme so revoked or modified. (7) Where, at the date bwo ohen the revocation or modification of such scheme becom the iss operative there is still an outstanding claim in respect ofr ta on f increase in the value of property duly made or the timeo po ariginally limited for making such claim has not expired, adn. Ny such outstanding claim, and any claim made within thee r e s tvime so limited, shall be entertained and may be e enforchetsd r in the same manner in all respects as if the provisions of tlhl rei g earlier scheme had continued in operation. a. A i [s. 70] an nz Ta of (e) Disputes Settlement nt Detenrmm eination 73. A dispute arising under this Act as to the- of ecrlaims and orevcovery of (a) right of any person to have his land purchased; G 25 amounts due (b) right of any person to have his land acquired; ©20 (c) right of a claimant to recover compensation; (d) right of the planning authority to recover betterment; or (e) amount and manner of payment of any such compensation or betterment, 727 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] shall, upon the application of any party concerned, be heard and determined by the District Land and Housing Tribunal. [s. 71] . PART VI OAG SUPPLEMENTARY PLANNING POWERS n o f io iss Powers of entry 74.–(1) A person duly authorised in writing by the pla rm npening authority and with the consent of the landholder m ut thaoy, at all reasonable hours in the day, enter into any land ford t wh ie purpose of carrying out the provisions of this Act, such aibsu tfeor surveying r it, or estimating its value for purposes of predpis atring, approving, making or amending a scheme under th eids oAr ct. (2) A person shall not have the righdut cto enter upon any land o or premises until after the expiratiopnrre of forty-eight hours after a notice of entry has been serveyd b o e n the landholder or occupier of the land or premises. a k m oo b [s. 72] is th Redistribution of 75.–(1) The Minister o frt may, with the consent of the landholders land concerned signiofi pe ad by resolution in a meeting convened by a planning audt. h N e ority, redistribute land in an area to which a detailed pslearn v ning scheme is in operation. e (2) Ths rht e President may, where necessary, acquire land for the areall sri grequiring redevelopment in urban areas. ia. A(3) The redistribution of land shall be applied in the manner za n n specified in the Fourth Schedule. Ta of (4) The Minister may make regulations for the purposes of en t regulating and redistribution of land under this section. m ern [s. 73] ov 25 G 0 Enforcement 76.–(1) Without prejudice to any other provisions of this Act, ©2 notice when it comes to the notice of the planning authority that the development of land has been or is being carried out after the commencement of this Act without the required planning 728 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] consent having been obtained under section 35 or 54, or any of the conditions of a planning consent has not been complied with, the planning authority may serve an enforcement notice on the landholder, occupier or developer of the land. . (2) An enforcement notice under subsection (1), shall AG O specify the development alleged to have been carried out f n o without planning consent, or the conditions of the planninissg io consent alleged to have been contravened and such measerump res as may be required to be taken by the landholder wiotuh t in the period specified in the notice not less than one monthit th w o restore d the land to its original condition before the devbeu tleopment took place, or for securing compliance with tho i dis ter conditions, as the case may be, at the expense of the land do rh older or occupier, and such enforcement notice may redq e ucuire the landholder to demolish, alter or pull down and repmroe ove any works, buildings or to discontinue use of land. e r b (3) Unless an appeal has bmeayen lodged under section 57, an enforcement notice shall o btoakke effect after the expiration of such period as may be spec ithfi ise d in the notice. (4) Where, withritn o f the period specified in the enforcement notice or within a os puch further period as the planning authority may determidn. e N e , any measures required to be taken other than discosenr vtinuance of any use of land have not been taken, the platns r e h ning authority may make an inter partes application to tll hri ge District Land and Housing Tribunal for orders that tiah. e A planning authority may enter on the land and take those za n n measures and may recover from the person to whom the f T a o enforcement notice is served, any other expenses reasonably nt e incurred by it in connection with the taking of those measures. ern m (5) The planning authority may apply for orders under ov G subsection (4) in addition to or instead of an order for recovery 5 20 2 of penalty under the provisions of section 36. © [s. 74] 729 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] Temporary 77. Where, in accordance with the provisions of this Act, the provisions pending planning authority is required to have regard to the provisions operation of of any scheme in relation to the exercise of any of its functions, scheme during any period before such a scheme has become operative, . the planning authority shall have regard to- G OA (a) any directions which may be or have been given to it n o f by the Minister or on his behalf as to the provisions istso io be included in such a scheme; ermp (b) the provisions which in its opinion shall be req uto i red to be so included in such a scheme; and th d w i (c) the provisions which in its opinion shbaul tle be required to be so included for securing the prisotrd pi er planning of Mainland Tanzania. or ce d u [s. 75] pro d PART eV r e b II MISCELLANEOmay k US PROVISIONS o bo Application to 78. For the avoidancef tho isf doubt, it is hereby declared that the land regulated by other enactments provisions of this Aacrtt o and any restrictions or powers imposed or conferred in relaot ip N on to land, shall apply and may be exercised in relation to d. ve any land notwithstanding that provision is made by any law r res e in force at the date of the commencement of this Act, fohrts authorising or regulating the development of the land. rig All [s. 76] nia . Regulations nz a 79.–(1) The Minister may make regulations for the better a of T carrying out of the provisions and purposes of this Act and may, en t generally make regulations providing for the following matters: ern m (a) the determination and adjustment of the limits of plots ov G or parcels within planning areas; 25 20 (b) the maximum and minimum sizes of plots in various © use zones, the number of buildings to be permitted on each plot and the maximum proportion of the area each plot to be covered by buildings, the height of buildings, the proportion of building floor space area to land or plot area; 730 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (c) regulating the constitution and procedure of planning authorities which are not local authorities; (d) the minimum proportion of land in any use zone to be devoted to roads and open spaces in relation to the . devoted building and development; G OA (e) the classification of industries into various classes for n o f zoning purposes; io iss (f) the classification of various forms of developme rm pnet for regulating changes land use; t ou (g) the changes of use which are deemed to cownit h stitute or d not to constitute development; bu te (h) the permissible changes of use of ri dias tny buildings or premises in one class to the use theroer d of in another class; (i) the classes and uses of buiulced dings which may be permitted in any zone; ro ep (j) the use of existing buildien r b gs not conforming with the scheme; ay m (k) the width of roadoob sk in relation to their length and importance, ththeis width of carriage ways, footways, verges and o ohfrt er ways; (l) prohibitin pgao or regulating the erection or display of or controdl. N e ling the design of advertisements; (m) presesrc vribing the fees to be paid and the forms to be e htsu rsed in relation to any matter governed by this Act and ig ll r anything which is to be or may be prescribed under . Aia this Act; an nz (n) fostering co-operation and coordination of all of Ta agencies, landholders, utility bodies and other nt e bodies and institutions involved in preparation and rnme implementation of the planning process; ov G (o) the procedure generally in connection with schemes 02 5 2 and applications for planning consent and in particular, © but without prejudice to the generality of the foregoing, with respect to the following matters: (i) the submission of claims for compensation; (ii) the preparation, deposit, publication and submission of schemes; 731 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (iii) the grant and exercise of all powers in connection with schemes and the preparation of schemes; (iv) the procedure in respect of applications to the Minister; . (v) the better or more convenient for further carrying G OA out of the provisions and purposes of scheme or of of n any particular scheme; io iss (vi) the modification and revocation of schemes rm p;e (vii) the obtaining with or without chaorug t e, of information which may be require th d w di for the purposes of or in connection with thuteeb preparation of making or carrying into effe i dics ttr of schemes by inspection of, or obtaining codpoi re s from assessment rolls, valuation rolls, rate bcoedu oks and other similar documents; ro ep (viii) the giving or public abet iron of information regarding the manner in ay m which planning proposals or planning prboov oiksions may affect any land in a planning tha irs ea, and the manner in which such informrat oti fon may be obtained; and (ix) the a o pprocedure for ascertaining whether p . edla Nnning consent is necessary for any particular ervs development where doubt exists; e (p)h tsp rrocedures to facilitate informal sector development in rigll urban areas; ia. A(q) the manner in which appeals may be made under this za n n Act and information to be supplied to the competent Ta of authority in connection therewith; and en t (r) any matter which is authorised to be prescribed under rnme this Act. Gov (2) The regulations under subsection (1), may impose a 02 5 2 fine not exceeding four hundred thousand shillings and in © case of a continuing offence, a further fine of not exceeding five thousand shillings for each day during which the offence continues. 732 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (3) The Minister may make different regulations in respect of different planning area. [s. 77] Amendment of 80. The Minister may amend Schedules to this Act. G. Schedules A [s. 78] O of sio n Annual reports 81.–(1) Every planning authority and the National Lanisrm d Use Planning Commission shall, at the end of each fin e ut a pncial year, submit to the Director an annual report of its thaoi ctivities pursuant to this Act. d wte (2) The Director shall, at the end of eversty u rib financial year, submit to the Minister an annual reporotr doi f activities done pursuant to this Act. d ce rod u [s. 79] p re Repeal and 82.–(1) [Repeals the Town andy Cb e a ountry Planning Act]. savings Act No. (2) Subject to the provisk imons of this Act or until they are o 42 of 1956 revoked, regulations masd be o under the repealed law shall, unless i they are specifically ofe txhcluded or applied as amended or are expressly or impliedrt pa ly revoked or rendered of no effect by any of the provisio.nNs o of this Act, continue to apply. ed [s. 80] se rv re Planning consent 83.–(1h)ts Any planning consent for development granted granted under g repealed law unAdl eril r the provisions of any written law in force prior to the c niao . mmencement of this Act, shall be deemed to be a planning za an consent granted under this Act. of T t (2) Consent shall cease to have effect unless development enm in respect of which consent was given has been commenced ern within twenty-four months prior to the commencement of Gov 5 this Act. 02 ©2 (3) The urban planning functions previously exercised by various authorities or persons under existing or repealed legislation shall stand transferred to the various authorities, bodies and persons under this Act. 733 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (4) An application for planning consent to develop land made to the Director or planning authority before the commencement of this Act, being an application that has not been determined before such commencement shall, for . the purposes of this Act, be deemed to be an application for OAG planning consent made under this Act. f n o [s. 8 io mis1s] r t p e u FIRST SCHEDULE ith o w (Made under section 12(3)) ute d rib MATTERS FOR WHICH PROVISION MAY Bdi s r Et MADE IN THE GENERAL PLANNING SCdH oEME ceu A: ANALYSroIdS 1. Population growth, projections, dist reib pution and movement. be 2. Land potentials, including distyr a ibution of agricultural land, their relative values, population ando kl amnd imbalance, land tenure and other natural resources endowmen btos. is 3. Natural resources in otfh the planning area with an indication as to any pattern of change in t ahrteir distribution and quantity over time. p 4. Profile of th.e o N various uses and value of the natural resources incorporatingrv ec donsiderations of intergenerational equity. e 5. Operat s iroenal guidelines for the planning and management of land, the environhmtsg ent and natural resources. ri 6.. IAd ll entification of actual or likely problems that may affect the natural nriaesources and the broader environment context in which they exist. a nz Ta 7. Identification of approaches for investigating, controlling or of t preventing specific as well as general adverse impacts on the land and en the environment. rnm ve 8. Employment and incomes including characteristics of employment, o 5 G income distribution, labour force, potential of the informal sector and 2 20 their locations. © 9. Human settlements, including distribution of existing services, growth and pattern of urbanisation, cause of primacy, and rural- urban migration, environmental degradation, identification of trends in the development of urban and rural settlements, their impact on the land, the environment and strategies for the consideration of their negative impact. 734 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] 10. Building, structures, building plots, roads and car parking. 11. Alternative development patterns including rural development, urban development and interrelations between urban and rural development. . 12. Strategies for human settlements in the area including development AG of service centres, transport and communication network and rural f Oo development. ion B: IMPLEMENTATION miss r pe These include sectoral approach to development and measut o res for implementation and co-ordination in these sectors, such awsit hindustrial development, housing, transportation, health serviceeds , education, public utility services (power, water supply, sewibeur tage, drainage, sewage disposal, refuse disposal or other public s dei srtvr ices), use of land for community purposes and amenities (open o rspace, burial ground, communal parks, sanctuaries, marine life, et d ucc. e) d rep ro SECOND S e yC bHEDULE a (Made unodk m o er section 18(4)) b MATTERS FO tRh i sW HICH PROVISION MAY BE MADE IN Drt oE f TAILED PLANNING SCHEMES o p a . N (a) Statement of problems and objective d These shall ienrvc elude- (a) rem s ain problems of the planning area for example, housing, hts unemployment, traffic congestion, pollution, land tenure, ig ll r lack of services, bad terrains or soils, etc., all based on ia. A preliminary reconnaissance of the area; za n (b) opportunities of the area, for example, tourism, fishing, n Ta manufacturing, etc; and t o f (c) the main objectives of the scheme to alleviate the area en problems and maximise utility of any specific opportunities m ern including classification of the planning area for residential, ov commercial, industrial and other purposes, including the 25 G provision of special areas for factories or industries generally, 20 or for shops, warehouses, stores, stables and other buildings © used for commercial and industrial purposes and fixing the sites for such buildings and for open spaces, public and private, and prohibiting the erection of any building, in particular part of the area otherwise than in accordance with the provision of the scheme. 735 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (b) Physical analysis These shall include- (a) general statements on the terrains, soils and climate together with illustrations using maps and charts to show what areas are physically suitable for development; and G. (b) existing land uses and development potential pattern O A of development, land tenure and cadastral outlay of all n o f development. io iss (c) Population and economic base rm t p e These shall include- u tho (a) population growth, migration, density and dist rwi ibution, age and sex structure, household sizes and ratuetse dof household formation; str ib (b) employment and incomes including i r dwhere people go to work, trends and problems encoedu ontered in relation to services delivered; c du (c) agricultural potential of the uproban region showing various agricultural activities and teh re e process as well as problems of transforming the agricualyt ubral land into urban use; (d) peri-urban informal ks emttlements and problems they pose; (e) potential, distribubtioo on and size of service centres within and outside the ur thbi san boundary together with evaluation of urban bound oaf t ry extension; (f) evaluatio npa rof the importance of such factors as commerce and t oNuorism within extended areas of the township admvei dn. istration; (g) hsoe rusing occupancy rates, accommodation density, housing rets requirements, type of residential areas and industrial h rig locations; and ll A (h) other social aspects including education, recreation areas nia . and other public purpose land uses. a an z (d) Communication and services T t o f n These shall include- me (a) historical pattern and condition of communication networks rn ve such as roads, footpaths, cycle ways, railway lines, depots, o G water ways, docks, etc.; and 02 5 (b) historical patterns and conditions of water and sewerage ©2 networks including scheme programmes. (e) Power and telephone lines: These may be analysed with respect to their wayleaves requirements. 736 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (f) Land use projection tables: These include a master timetable showing the relationship of existing population and land uses to realistic projections. (g) Maps and Development Models: G. These include- A O (a) existing situations and sieve maps of the physical constraints f n o or thresholds to development; ss io (b) existing land use maps; and rm i (c) development model map showing land use designatit opne and distribution alongside a clear transport and comm u thounication network. i d we (h) Renewal or redevelopment ut str ib 1. The purpose of renewal or redevelopment planrs d ishall- (a) providing a broad land use freadm oework illustrating a coordinated policy of renewal adnud c guiding both public and private redevelopment activitiperso; (b) providing a road pattern ae nr ed traffic networks designed to improve vehicular accessy a ba nd parking space and also facilitate segregation of vehiclek sm and pedestrians; and (c) providing a basis bfo or determining development applications on extensions othfi s rights of occupancy or leases, extension of users and cht aon f ge of users. r 2. Content of redevoe plaopment schemes . N ve d (a) Land use pattern analysis r The analy s rseis e must deal with policy statements and land use proposals to facilhittsate- l ri g l (i) conservation of areas whose historic, architectural, or a. A commercial values are relatively high; an i (ii) improvement or general up-grading of areas whose existing an z conditions are desirable; and of T (iii) comprehensive cumulative redevelopment of areas whose t en conditions are undesirable. ern m Gov (b) Shelter 5 20 2 This analysis should comprise strategies for- © (i) encouraging individual home ownership; and (ii) empowering the private sector to effectively contribute toward housing provision. 737 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (c) Traffic systems This analysis should comprise policy statement and land use proposals for- (i) safe pedestrian movement; (ii) easy access to buildings by members of the public including G. women, children and the disabled; O A (iii) efficient circulation of traffic with business; f n o (iv) convenient and ample public car parks; and ss io (v) efficient road links, among other things. i pe rm ut ith o THIRD SCHEDULE d w ute (Made under section 11(7) and 2 ib st9r )) di MATTERS IN RESPECT OF WHICH o rP ROVISION MAY BE MADE IN ANY SCeduc HEMES rod A: PLAN PRE PreA pRATION e 1. The most important consideraatyi obn in the preparation of strategic urban development planning frka m eworks shall be- (a) an assessment bo of immediate land requirement to accommodate tshpi secific population needs as they arise for a period of 3 tt oo f5 years; (b) detailed a plalo r cation of the land requirements to various land uses ta. Nk oing into account compatibility of adjoining land uses andv ec donforming with the general planning scheme; and (c) i r sdeentification of authorities to service or develop the various ts reland use allocations. h 2. Gll er ingeral and detailed planning schemes if a result of unavoidable ciai.r Acumstances the planning authority or Director is not able to make n za a decision on an application, the planning authority or Director may Tan defer the decision on the application for such further period as he may of t think fit, shall be- en (a) action area plans, for comprehensive planning of areas rnm selected for intensive development, which is to commence e ov within a specified period; 5 G2 (b) subject plans, for detailed treatment of a particular planning 20 aspect, such as, residential, transportation, water supply, © sewerage, etc; (c) advisory or zoning plans, indicating permitted sub-division, use and density of development; and 738 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (d) part development plans, indicating precise sites for immediate implementation of specific projects including land alienation purposes. B: USE OF LAND . 1. Providing for the reservation of areas, zones and sites for- AG (a) dwelling houses, flats and tenements of various classes and of O densities including dwelling houses classified under informailo n housing; iss (b) shops, offices, trading premises and other commpe rrmcial development, with or without residential accommoodu ta tion; (c) industries of various classes, warehousing ainthd service trades, or any particular industry or trade; iendf owrmal sector development; small scale industries for t t ihbue production of low cost building materials; strdi (d) buildings required for charitable o orr religious purposes, schools, hospitals or other muce eddical or public health purposes, cemeteries, crematorrioad, educational or recreational institutions, libraries, theatrresp , cinemas, hotels, restaurants and other places of p e yu bblic entertainment, amusement, refreshment or assembmlya ; (e) agricultural purpos oeos k; and (f) other purposes. s b thi 2. Permanently prohib ti oti fng or restricting the development of any land on any of the follow pina rg grounds: (a) that th. eN oland is unsuitable for building; or (b) thavte d evelopment would be prejudicial to public health or osteh r er public interests. re 3. Provitds h ing for the reservation, regulation and control of quarries and minlle rs ig and buildings ancillary thereto. 4ia.. A n Providing for the delineation of areas in which development is a nz prohibited, restricted or controlled under the provisions of any other law. of Ta en t C: BUILDINGS AND STRUCTURES ern m v 1. Regulating and controlling either generally or in any particular area o G all or any of the following matters: 250 (a) objects which may be affixed to buildings; ©2 (b) location of buildings, extent of yards, gardens and cartilage of buildings; (c) purposes for and manner in which buildings may be used or occupied including, in the case of dwelling houses, the letting thereof in separate tenements; 739 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (d) design, external appearance and materials of buildings and fences; or (e) reserving any particular land or all land in any particular area for buildings of a specific class, including dwellings classified under informal housing, or prohibiting or restricting either . permanently or temporarily the erection of any building or AG any particular class of building on any specified land. O n o f 2. Regulating and controlling the density of development in any aresas i,o either by limiting the number of buildings of any type which maym ir be constructed on or in any area or plot or by limiting the numberu at n ped size of plots in any area. ith o w D: PUBLIC SERVICES d ute Facilitating the construction of works relating to aer i sotrd bromes, railways, electricity supply, telephone and telegraph linoer ds,i wireless facilities, sewerage and refuse disposal, water supply eadnd other public utility services, allocating sites for use in reladtiuo cn to such services and providing for the reservation of land. ro re p E: e ay R bOADS 1. Providing the location and rke smervation of land for roads, car parks, taxi stands and bus statio nos ob and the widening, improvement and extension of any roads, anthdi s the fixing of building lines. f 2. Providing for closurrte oa or diversion of existing roads. p 3. Restricting an o . dN controlling the designing and construction of new roads and thev es diting of road junctions and accesses, whether public or private, to esxe risting or proposed main roads. re 4. Regu hltasting the line, width, level and general dimensions and character of roll ar igds, whether new or existing. . A nia F: AMENITIES nz a a 1. Providing for the reservation of land as open spaces, whether public T of or private parks, sports grounds and playing fields. nt me 2. Providing for the preservation of views and prospects and of the rn ve amenities of places and features of natural beauty or interest. o G 25 3. Providing for the preservation or protection of forests woods trees, 20 and groups of trees. © 4. Preventing, remedying or removing injury to amenities arising from the ruinous or neglect condition of any building or fence, or by the objectionable or neglected condition of any land attached to a building or fence or abutting on a road or situated in a residential area. 740 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] 5. Prohibiting, regulating and controlling the deposit of liquid, materials and refuse. 6. Prohibiting, regulating and controlling the display of advertisements. G. A FOURTH SCHEDULE O n o f (Made under section 11 and 75(3)) siois rm PROVISIONS RELATING TO REDISTRIBUTION OF LtA p eND IN AREAS SCHEDULED FOR DETAILED SCHEMthoE u S i 1. All land to which the provision of section 12 and 77 andd t whis Schedule or likely to be scheduled as detailed scheme shall bieb upteooled and the boundaries of all plots and holdings therein shall b tr deis expunged. r 2. The detailed scheme shall provide for the eqdu oitable redistribution of plots or holdings in the land so pooled am e duo cng the owners of plots or holdings pooled. rep ro 3. In making provision for such re dbei stribution regard shall be made to the need for reserving land fora tyhe provision of roads, open spaces and sites for public buildings,o ke dmucational, religious, recreational and other public purposes, and btohe redistribution of the land so pooled shall be on the basis that s f tthh i e area zoned for and physically suitable for development in everyr t polot or holding has been reduced, as nearly as may be practicableo, p bay such percentages as may be necessary for the reservation of lan. Nd d for such purposes. e 4. The lande rrveserved pursuant to and for the purposes specified in paragrapsh r e 3s of this Schedule shall vest in the President on the coming into effhetig ct of the detailed scheme and the President may thereafter allo r Alcl ate the land so vested in him for the purposes specified in the d iae. tailed scheme. an an z 5. On the registration of the title of an owner to a plot or holding f To redistributed to him pursuant to the provisions of this Schedule, such nt e title shall correspond to the title of that owner to the plot or holding rnm in respect of which such new plot or holding is allocated to him and e ov shall, so far as is practicable arrange for the issue to such owner of an 5 G appropriate title thereto and for the survey of the amended boundaries 022 thereof, both with a charge. © 6. Where in the circumstances of any particular case the equitable redistribution of land to any land owner cannot conveniently, be effected, financial or other provision may be made in the detailed scheme for the compensation of such owner having regard to paragraph 3 of this 741 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] Schedule in respect of the plot or holding held by him and pooled under the detailed scheme. 7. Where in the circumstances of any particular case it is impracticable or undesirable that plot or holding pooled under the detailed scheme shall be reduced in area by the percentage provided in paragraph 3 G. of this Schedule or any part thereof, provision may be made in the OA detailed scheme for the payment to the funds of the local authority, if f n o the local authority is a city council, municipal council, town council, sosr io district council or in any other case to the person to whom such plromt i or holding is allocated under the detailed scheme of such amount ats p w eould represent the value or any part of the value of the percentiathg oeu of land by which such plot or holding is not reduced in area andd swuch amount until paid shall- ute Cap. 334 (a) where the land is registered land within stthr ibe meaning of the Land Registration Act, or any Act ameonr d i ing or replacing the same, when entered as an encumbrad e nce in the land register on the application of the local aduut chority or Minister, as the case may be; or pro Cap. 117 (b) in any other case, when neo r etice has been registered under the Registration of Docauym b ents Act, or an Act amending or replacing the same, kw mhich notice shall be deemed to be a document, the reg bisot oration of which is compulsory, constitute a charge upon thhist e land concerned and all estates and interest therein, othet or f than the title of the President to public land. r 8. Objection to theo d pe atails of redistribution may be lodged by the owner of the land concde. Nrned as objections to the detailed planning scheme in accordance w e ervith provisions of section 22. res igh ts All r FIFTH SCHEDULE . an ia (Made under section 9(2)) z Tan f CRITERIA FOR CLASSIFICATION OF o nt HUMAN SETTLEMENTS e ern m A. Classification of human settlements shall be based on population ov size, level of services, economic base and level of sustenance in annual 5 G2 budget. 20 B. There shall be six categories of human settlements in the following © manner: 1. Minor Settlement (Trading Centre): A Minor Settlement (Trading Centre) (Minor Settlements Act, Act No. 33 of 1931). Some villages act as trading centre according to the level 742 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] of services available. In order to qualify for a trading centre a village settlement shall have at least the following services: (a) 5 retail shops and a market place; (b) a primary school; (c) a dispensary; and . (d) a post office. G 2. Township: O A (a) Minimum Population: 10,000 people; n o f io (b) Level of services: In order to qualify for township a minisosr settlement trading centre shall have at least the follpoew rming services: ut o (i) health centre; ith (ii) secondary school; w ed (iii) 20 licensed retail shops and a market pribla utce; (iv) primary court; and dis t (v) it should be either a ward or divi soiro n headquarters. * District administrative centres may be classuific eedd as townships provided they meet the above criteria mentioned inro ndumber 2. 3. Town: re p (a) Minimum Population: 30 ,b0e00 people; (b) self-sustenance: At leamsta 5y 0% of the annual budget; (c) Level of Services: Iono ko rder to qualify for a town, a township shall have at leasist bthe following services: (i) hospital; f th (ii) secondarat roy school; (iii) at leoa pst 50 licensed shops; (iv) pdo. Nlice station; and (v e e)r v divisional headquarters. 4. Munreis cipality: (hat)s Minimum Population: 100,000 people; g ll r i (b) Economic Base: At least 30% percent of employment should a. A be in the non-agricultural sector. It must have, also, at nia least one manufacturing industry and several small scale an z industries; T of (c) Self Sustenance: At least 70% percent of annual budget; and t en (d) Services: It should be a centre for higher order of services, rnm cultural, educational and health facilities which serve an area e ov beyond the administrative region including universities, a G 25 referral hospital and international conference facilities. 20 It should have, also, administrative importance of regional or national © administration or centre of multinational organisation(s). 5. City: (a) Minimum Population: 500,000 people; (b) Self sustenance: At least 95% of annual budget; 743 THE URBAN PLANNING ACT [CAP. 355 R.E. 2023] (c) any Municipality can be designated as a city if it has some symbolic importance in addition to the normal qualifications of a municipality, these shall include- (i) historical significance; (ii) outstanding cultural importance such as a major tourist . centre; AG (iii) the seat of regional government; of O (iv) the seat of international activities; and ion (v) any other symbolic value. iss * The power to bestow a municipality the status of a city shall be r pveesmted in the National Assembly. ut o 6. Mega city: ith (a) Minimum Population: 4,000,000 people; and d we (b) Self Sustenance: In addition, it must surpasrisb uatll requirements of a city state. ist r d ed o uc pro d e r e b ay k mo bo f th is rt o o p a d. N erv e s r es t rig h . A ll an ia nz Ta t o f en ern m ov 5 G 20 2 © 744