The Urban and Regional Planning

The Urban and Regional Planning [No. 3 of 2015 23
THE URBAN AND REGIONAL PLANNING ACT, 2015
A RRANGEMENT OF S ECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Principles and standards for urban and regional planning
4. Inconsistencies between Acts
5. Integrated decision-making processes
PART II
PLANNING M ANAGEMENT AND ADMINISTRATION
6. Planning management and administration
7. Role of Minister in planning
8. Director of Planning
9. Regional planning authorities
10. Functions of regional planning authorities
11. Provincial planning authorities
12. Functions of provincial planning authorities
13. Establishment of local authorities as planning authorities
14. Establishment of planning committees
15. Functions of planning committees
PART III
PLANNING F RAMEWORK AND S YSTEM
16. National Planning Framework
17. Planning guidelines
18. Regional development plans
19. Integrated development plans
Single copies of this Act may be obtained from the Government Printer
P.O. Box 30136, 10101 Lusaka. Price K58.00

lans
19. Integrated development plans
Single copies of this Act may be obtained from the Government Printer
P.O. Box 30136, 10101 Lusaka. Price K58.00

Section
20. Contents of integrated development plans
21. Local area plans
22. Contents of local area plans
23. Adoption of local area plans
24. Sectoral plans
25. Planning agreements
26. Consistency of plans
27. Recognition of existing plans
PART IV
I MPROVEMENT A REAS
28. Declaration of Improvement Areas
29. Subdivision and control of Improvement Areas
30. Occupancy licence
31. Construction of buildings in Improvement Areas
32. Attestation of signatures
33. Consent for dealing with land
34. Loss of occupancy licence
PART V
T HE P LANNING P ROCESS
35. Initiation of planning
36. Preparation of planning programme
37. Public consultation of proposed planning programme
38. Consideration of planning programme by provincial planning
authority
39. Preparation of integrated development plan
40. Public consultations and participation
41. Objections and submissions
42. Adoption of integrated development plan
43. Implementation of integrated development plan
44. Calling in of integrated development plan
45. Review of integrated development plan
24 No. 3 of 2015 The Urban and Regional Planning

elopment plan
44. Calling in of integrated development plan
45. Review of integrated development plan
24 No. 3 of 2015 The Urban and Regional Planning

46. Partnership with private developers
47. Joint planning initiatives
48. Acquisition of land
PART VI
PLANNING A PPLICATIONS AND P ERMISSION
49. Planning permission
50. Powers of Minister on planning permission
51. Effect of grant of planning permission
52. Development permit and application
53. Consideration of application for development permit
54. Notice of intention to object
55. Grant or refusal of development permit
56. Variation of planning permission
57. Revocation of planning permission
58. Public objection and consultation on planning applications
59. Appeal against planning decision
60. Report to planning committee
61. Register of planning applications and permissions
PART VII
PLANNING A PPEALS TRIBUNALS
62. Planning appeals tribunals
63. Immunity of members of planning appeals tribunals
PART VIII
PLANNING CONTROLS AND COMPENSATION
64. Planning inspectors
65. Enforcement of notices and directions by planning inspector
66. Register of enforcement notices
67. Enforcement and penalties
68. Compensation
69. Noncompensation for planning decisions
70. Exclusion and limitation of compensation
The Urban and Regional Planning [No. 3 of 2015 25

Compensation
69. Noncompensation for planning decisions
70. Exclusion and limitation of compensation
The Urban and Regional Planning [No. 3 of 2015 25

PART IX
GENERAL P ROVISIONS
71. Offences and penalties
72. Notices
73. Right of entry
74. Regulations
75. Repeal
76. Savings and transitional provision
26 No. 3 of 2015] The Urban and Regional Planning

ies
72. Notices
73. Right of entry
74. Regulations
75. Repeal
76. Savings and transitional provision
26 No. 3 of 2015] The Urban and Regional Planning

An Act to provide for development, planning and
administration principles, standards and requirements for
urban and regional planning processes and systems;
provide for a framework for administering and managing
urban and regional planning for the Republic; provide for
a planning framework, guidelines, systems and processes
for urban and regional planning for the Republic; establish
a democratic, accountable, transparent, participatory and
inclusive process for urban and regional planning that
allows for involvement of communities, private sector,
interest groups and other stakeholders in the planning,
implementation and operation of human settlement
development; ensure functional efficiency and socio-
economic integration by providing for integration of
activities, uses and facilities; establish procedures for
integrated urban and regional planning in a devolved
system of governance so as to ensure multi-sector
cooperation, coordination and involvement of different
levels of ministries, provincial administration, local
authorities, traditional leaders and other stakeholders in
urban and regional planning; ensure sustainable urban and
rural development by promoting environmental, social and
economic sustainability in development initiatives and
controls at all levels of urban and regional planning; ensure
uniformity of law and policy with respect to urban and
regional planning; repeal the Town and Country Planning
Act, 1962, and the Housing (Statutory and Improvement
Areas) Act, 1975; and provide for matters connected with,
or incidental to, the foregoing.

nning
Act, 1962, and the Housing (Statutory and Improvement
Areas) Act, 1975; and provide for matters connected with,
or incidental to, the foregoing.

[ 14th August, 2015
The Urban and Regional Planning [No. 3 of 2015 27
GOVERNMENT OF ZAMBIA
ACT
No. 3 of 2015
Date of Assent: 14th August, 2015

[ 14th August, 2015
The Urban and Regional Planning [No. 3 of 2015 27
GOVERNMENT OF ZAMBIA
ACT
No. 3 of 2015
Date of Assent: 14th August, 2015

Enactment
Short title
Interpretation
ENACTED by the Parliament of Zambia
PART I
PRELIMINARY
1. This Act may be cited as the Urban and Regional Planning
Act, 2015. 2.

title
Interpretation
ENACTED by the Parliament of Zambia
PART I
PRELIMINARY
1. This Act may be cited as the Urban and Regional Planning
Act, 2015. 2.

In this Act, unless the context otherwise requires—
“agriculture” means the use of land or buildings for, or in
connection with, animal husbandry, fish farming, breeding
and keeping of livestock, hatcheries, ranching, grazing,
poultry, pasture, arable farming, irrigation, tillage, floriculture,
flower growing, horticulture, gardening, vegetable growing,
fruit or seed growing, mushroom growing, vine growing,
sitriculture, afforestation, forestry or plantation, but does
not include tourism, green grocership, meat processing and
the use of land as a garden with a building attached to the
land, and “agricultural” shall be construed accordingly;
“area” means the area falling under the jurisdiction of a local
authority;
“amenities” means the quality or condition of a place or area
that contributes to its pleasantness, harmony and better living
environment, including open spaces, parks, recreation
grounds, playgrounds and anything that adds to the
attractiveness of a living environment;
“appropriate regulatory agency” means the Minister with
responsibility for, or such public body with powers under
any other law over, planning, natural resources, environment,
construction, buildings, communications, transport, energy
or anything that impacts on urban and regional planning
and includes a public or statutory office, body or institution
under the following:
(a) the Water Supply and Sanitation Act, 1997;
(b) the Energy Regulation Act;
(c) the Mines and Minerals Development Act, 2015;
(d) the Public Roads Act, 2002;
(e) the Information and Communication Technologies
Act, 2009;
(f) the Road Traffic Act, 2002;
28 No.

opment Act, 2015;
(d) the Public Roads Act, 2002;
(e) the Information and Communication Technologies
Act, 2009;
(f) the Road Traffic Act, 2002;
28 No.

3 of 2015] The Urban and Regional Planning
Act No. 28 of
1997
Cap. 436
Act No. 11
of 2015
Act No. 12
of 2002
Act No. 15
of 2009
Act No. 11
of 2002

3 of 2015] The Urban and Regional Planning
Act No. 28 of
1997
Cap. 436
Act No. 11
of 2015
Act No. 12
of 2002
Act No. 15
of 2009
Act No. 11
of 2002

(g) the Environmental Management Act, 2011;
(h) the National Council for Construction Act, 2003;
(i) the Aviation Act;
(j) the Public Health Act;
(k) the Persons with Disabilities Act, 2012;
(l) the Disaster Management Act, 2010;
(m) the Standards Act;
(n) the Local Government Act;
(o) the Water Resources Management Act, 2011;
(p) the Lands Act;
(q) the National Heritage Conservation Commission
Act; and
(r) the Zambia Wildlife Act, 2015
“authorised person” means a person designated, in writing,
by a planning authority to do anything required to be done
under this Act;
“building” includes any structure or erection or any part
thereof, but does not include plant or machinery comprised
in a building;
“certificate of title” means a certificate of title to land issued
by the Registrar in accordance with the provisions of this
Act;
“Chief” means the person recognised as such under the Chiefs
Act;
“court” means a subordinate court;
“customary land” has the meaning assigned to it in the Lands
Act;
“dealing” means a transaction affecting land;
“development” means the carrying out of any building,
rebuilding, mining or other works or operations on or under
land, including the subdivision of land or a change in the
use of land;
“development permit” means a planning permission granted
for the development of land under section fifty-five;
Act No.

or a change in the
use of land;
“development permit” means a planning permission granted
for the development of land under section fifty-five;
Act No.

13
of 2003
Cap. 444
Cap. 295
Act No. 6 of
2012
Act No. 13
of 2010
Cap. 416
Cap. 281
Act No. 21
of 2011
Cap. 184
Cap. 173
Act No. 14
of 2015
Cap. 287
Cap. 184
Act No. 12
of 2011
The Urban and Regional Planning [No. 3 of 2015 29

ap. 281
Act No. 21
of 2011
Cap. 184
Cap. 173
Act No. 14
of 2015
Cap. 287
Cap. 184
Act No. 12
of 2011
The Urban and Regional Planning [No. 3 of 2015 29

“development plans” means the National Planning Framework,
a regional development plan, provincial development plan,
integrated development plan, local area plan and sectoral
plan;
“Director” means the Director responsible for urban and
regional planning provided for in section eight;
“dwelling” means a building or structure or part of a building
or structure used or designed to be used for
accommodation, and includes any yard or garden
appurtenant to or enjoyed with the accommodation;
“Environmental Agency” means the Zambia Environmental
Management Agency established under the Environmental
Management Act, 2011;
“grant” means a grant of land for a specified term of years
made to the local authority for purposes of this Act;
“improvement” includes a building, infrastructure or any other
structure of whatever kind on land;
“Improvement Area” means an area of land declared as such
in accordance with the provisions of this Act;
“informal settlement” means—
(a) groups of people living on land they have no legal
claim to;
(b) houses of a temporary, semipermanent or
permanent nature erected on land that have not
formallybeen permitted by the planning authority
and serviced for residential use under this Act
or any other written law;
(c) clusters of housing and other structures built
without the formal permission of the planning
authorities under this Act, any other written law
or the repealed Acts; or
(d) settlements that have only temporary permission
from the planning authority to occupy the settled
land;
“ integrated development ” includes integrated social,
economic, environmental, spatial, infrastructural, institutional
and organisational development and the provision of
amenities and services aimed at alleviating poverty and
improving the quality of life of members of a community;
Act No.

elopment and the provision of
amenities and services aimed at alleviating poverty and
improving the quality of life of members of a community;
Act No.

12
of 2011
30 No. 3 of 2015] The Urban and Regional Planning

12
of 2011
30 No. 3 of 2015] The Urban and Regional Planning

“ integrated development plan ” means a plan prepared by a
planning authority in accordance with section nineteen;
“ land ” includes a building, land covered by water and a right
in or over land, except a mining right, mineral processing
licence or gold panning certificate granted under the Mines
and Minerals Development Act, 2015;
“ local authority ” means a city, municipal or district council
established under the Local Government Act;
“local area plan” means a plan to cover an area of a local
authority as provided under section twenty one;
“local planning authority” means a local authority designated
as a planning authority by the Minister, by statutory
instrument;
“mining” has the meaning assigned to it in the Mines and
Minerals Development Act, 2015;
“National Planning Framework” means a plan for national
development provided for under section sixteen;
“plan” includes reports, drawings, maps and models;
“planner” has the meaning assigned to it in the Urban and
Regional Planners Act, 2011;
“planning” means the initiation and management of change in
the built, socioeconomic and natural environment in, and
across, a spectrum of sectors and urban and rural areas;
“planning agreement” means an agreement entered into
between a local authority and one or more chiefs to facilitate
the implementation of an integrated development plan or
local area plan in accordance with section twentyfive;
“planning appeals tribunal” means a planning appeals tribunal
constituted by the Minister pursuant to section sixty-two;
“planning authority” means a regional planning authority,
provincial planning authority or local planning authority;
“ planning committee ” means a standing committee of a local
authority responsible for planning provided for under section
fourteen;
“ planning decision ” means—
(a) a refusal of planning permission by a planning
authority;
(b) a grant of planning permission by a planning
authority; or
The Urban and Regional Planning [No.

al of planning permission by a planning
authority;
(b) a grant of planning permission by a planning
authority; or
The Urban and Regional Planning [No.

3 of 2015 31
Cap. 281
Act No. 4 of
2011
Act No. of
2015
Act No. 11 of
2015

3 of 2015 31
Cap. 281
Act No. 4 of
2011
Act No. of
2015
Act No. 11 of
2015

(c) a notice served under subsection (2) of section
sixty-five;
“ planning inspector ” means a person designated as such
under section sixty-four;
“ planning permission ” means permission granted to carry
out development under section forty-nine;
“ provincial development plan ” means a plan prepared to
cover large areas of a province that are greater than an
area of a local authority, and includes land in more than
one district;
“Provincial Planner” means the person appointed as such in
the Ministry responsible for urban and regional planning;
“ provincial planning authority ” means an authority
established under section eleven;
“ rate payer ” means a person who is liable to a local authority
for the payment of rates on property in an area under a
written law;
“ region ” means two or more provinces or parts of a province
or different provinces within the boundary of the country
as delimitated pursuant to section nine;
“regional planning authority” means an authority established
under section nine;
“ regional development plan ” means a plan for two or more
districts, two or more provinces or parts of different
provinces for coordinating and facilitating the synergy of
transportation and the institutional, environmental,
infrastructural and socioeconomic activities for the
attainment of sustainable development;
“registrar” means the person appointed as such by a local
authority, and includes an assistant registrar or any person
appointed to act in that capacity;
“repealed Acts” means the Town and Country Planning Act,
1962, and the Housing (Statutory and Improvement Areas)
Act, 1975;
“resident” means a person who ordinarily resides in a district;
32 No.

lanning Act,
1962, and the Housing (Statutory and Improvement Areas)
Act, 1975;
“resident” means a person who ordinarily resides in a district;
32 No.

3 of 2015] The Urban and Regional Planning
Cap. 283
Cap. 194

3 of 2015] The Urban and Regional Planning
Cap. 283
Cap. 194

“road authority” has the meaning assigned to it in the Public
Roads Act, 2002;
“sectoral plan” means a plan prepared for various sectors in
an area, including ministries, appropriate regulatory agencies
and authorities, as specified under section twenty four;
“Stateland” has the meaning assigned to it in the Lands Act;
“Surveyor-General” means the Surveyor-General appointed
under section four of the Land Survey Act;
“transfer” in relation to land, means the passing of that land
or an interest in the land by act of the parties rather than
by operation of law;
“transferee” means a person to whom an occupancy licence
is issued in accordance with the provisions of this Act; and
“utilities” includes roads, water and electricity supply, street
lighting, sewerage and sanitation, drainage, public works
and other similar public services and conveniences. 3.

water and electricity supply, street
lighting, sewerage and sanitation, drainage, public works
and other similar public services and conveniences. 3.

(1) The following principles shall apply to the national, regional,
provincial, district and local planning frameworks, systems and
processes:
(a) the territory of Zambia shall be developed or organised
and protected by integrative planning and systems;
(b) prescribed standards shall, as far as is possible, be on the
basis of area specific or functional features at district,
provincial and national levels;
(c) planning procedures shall incorporate environmental
standards and requirements specified in any law relating
to the environment and natural resources;
(d) where there are conflicts between or amongst the district,
provincial and national plans, these shall be resolved by
the Minister;
(e) social and economic demands impacting on an area shall
take into account the environmental and ecological
factors of the area;
(f) locational prerequisites for economic development shall
be ensured;
(g) the characteristics and diversity of particular areas shall
be protected and enhanced;
The Urban and Regional Planning [No. 3 of 2015 33
Act No. 12 of
2002
Cap. 184
Cap. 188
Principles
and
standards for
urban and
regional
planning

anced;
The Urban and Regional Planning [No. 3 of 2015 33
Act No. 12 of
2002
Cap. 184
Cap. 188
Principles
and
standards for
urban and
regional
planning

(h) the development, organisation and protection of districts
shall match the conditions and requirements of the
Republic as a whole and shall take into account the
conditions and requirements of each Province; and
(i) any other principles as may be prescribed.

e
Republic as a whole and shall take into account the
conditions and requirements of each Province; and
(i) any other principles as may be prescribed.

(2) Without prejudice to subsection (1), national, regional,
provincial, district and local planning shall be governed by the
following standards:
(a) there shall be a well-balanced system of settlements and
open spaces, where a large-scale and integrative system
of open spaces shall be maintained and improved;
(b) a functioning ecosystem shall be maintained in built-up
and non-built up areas;
(c) there shall be balanced economic, infrastructural, social,
ecological and cultural conditions in each Province;
(d) the State shall ensure easy access to, and in, the Provinces
through passenger and goods transport;
(e) decentralisation and historical and cultural relationships
shall be recognised in the planning function;
(f) the State shall establish well balanced economic structures
in each Province, where sufficiently large areas shall
be reserved for improving the locational conditions for
economic development and infrastructure facilities which
are closely concerned with industry and the provision of
services, training facilities and commercial activities;
(g) the reuse or redevelopment of derelict settlement areas
shall be given priority over the use of open space;
(h) infrastructure development shall be harmonised with the
systems of settlements and open spaces;
(i) local inhabitants shall be provided with basic technical
infrastructure installations covering all utilities;
(j) areas shall be established for residential, industrial,
commercial, trade, markets and social services;
(k) rural areas shall be developed as residential and economic
areas of a district; and
34 No.

strial,
commercial, trade, markets and social services;
(k) rural areas shall be developed as residential and economic
areas of a district; and
34 No.

3 of 2015] The Urban and Regional Planning

3 of 2015] The Urban and Regional Planning

(l) natural surroundings and landscapes, including water bodies
and forests, shall be protected, enhanced and, where
appropriate, developed as part of the planning function
to enhance the beauty and environmental sustainability
of the areas. 4. Subject to the Constitution, where there is an inconsistency
between the provisions of this Act and the provisions of any other
written law relating to planning that is not a specific subject-related
law on a particular element of planning, the provisions of this Act
shall prevail to the extent of the inconsistency. 5. (1) A planning authority shall, as far as is reasonably
practicable, for purposes of securing an efficient planning
framework and discharge of functions under this Act, liaise with
appropriate regulatory authorities and take into account the
requirements specified under the relevant laws. (2) A planning authority shall, for the efficient issue of planning
permission and other authorisations under this Act, establish an
integrated decision-making process or conform with a regulatory
clearance system established under the Business Regulatory Act,
2014. PART II
PLANNING MANAGEMENT AND A DMINISTRATION
6.

or conform with a regulatory
clearance system established under the Business Regulatory Act,
2014. PART II
PLANNING MANAGEMENT AND A DMINISTRATION
6.

(1) The National Planning Framework of the Republic shall
be administered and managed by the following:
(a) the Director;
(b) the planning authorities; and
(c) any other body designated as a planning authority by the
Minister, by statutory instrument. (2) Planning shall be hierarchical in nature, from the national
level proceeding to the regional, provincial and district levels and
in like manner planning authorities shall be so ranked. (3) In the planning process, lower level planning authorities
and plans shall comply with the provisions of the higher plans. 7. (1) The Minister shall be—
(a) responsible for the implementation of this Act; and
(b) the final approvals authority for all plans prepared by
planning authorities. The Urban and Regional Planning [No. 3 of 2015 35
Inconsistencies
between
Acts
Cap. 1
Integrated
decision-
making
processes
Act No.3 of
2014
Planning
management
and
administration
Role of
Minister in
planning

tencies
between
Acts
Cap. 1
Integrated
decision-
making
processes
Act No.3 of
2014
Planning
management
and
administration
Role of
Minister in
planning

(2) The Minister shall, for the purpose of this Act—
(a) designate, by statutory instrument, regional, provincial and
local planning authorities;
(b) prescribe planning guidelines, strategies and standards;
(c) prescribe procedures and other methodologies to guide
planning authorities in the carrying out of their functions;
(d) establish uniform processes and procedures to be used by
planning authorities in the region;
(e) prescribe, and where necessary, review and adjust general
key performance indicators and targets for planning;
(f) assist local authorities in pursuing performance indicators
and targets for planning;
(g) coordinate planning and the provision of public and
community services and facilities;
(h) investigate the social aspects of economic activity and
population distribution in relation to the distribution of
utility services and facilities;
(i) monitor progress and performance in planning and initiate
the taking of remedial action, where necessary;
(j) approve regional development plans and strategies;
(k) ensure that training and skills development are provided
to planning committees; and
(l) call in development plans and applications for planning
permission where—
(i) the planning authority fails to meet the requirements
for plan preparation under this Act;
(ii) the plan does not comply with the principles,
requirements and standards specified under
section three and planning guidelines provided
under section seventeen; or
(iii) the planning permission is contrary to the provision
of an approved development plan.

d planning guidelines provided
under section seventeen; or
(iii) the planning permission is contrary to the provision
of an approved development plan.

(3) The Minister may, for purposes of this Act, give directions
to any planning authority regarding development plans and
applications for planning permission and development permits, which
are consistent with the provisions of this Act, and the planning
authority shall give effect to those directions. 36 No. 3 of 2015] The Urban and Regional Planning

t with the provisions of this Act, and the planning
authority shall give effect to those directions. 36 No. 3 of 2015] The Urban and Regional Planning

8. (1) There shall be a Director of Planning in the Ministry
who shall be a public officer and principal adviser to the Minister
on matters relating to urban and regional planning. (2) The functions of the Director are to—
(a) conduct, promote and co-ordinate research in relation to
any aspect of urban and regional planning;
(b) publish reports, bulletins, statistics, monographs and other
publications relating to urban and regional planning
and its methodologies as specified in this Act;
(c) provide information and education to the public regarding
the planning undertaken by planning authorities;
(d) report to and advise the Minister on the progress made by
planning authorities in the performance of their functions
under this Act, and the compliance of planning authorities
with the principles, requirements, standards and
guidelines specified under this Act;
(e) monitor the implementation of standards, guidelines and
procedures for regional planning; and
(f) establish and maintain liaison and co operation with planning
authorities. (3) The Director shall submit a National Planning Framework
to the Minister for approval in accordance with section sixteen. 9.

planning
authorities. (3) The Director shall submit a National Planning Framework
to the Minister for approval in accordance with section sixteen. 9.

(1) The Minister shall constitute regional planning authorities
for a region, on an ad hoc basis, to spearhead planning for that
region. (2) A regional planning authority shall consist of the following
members who shall be appointed by the Minister—
(a) five members qualified in planning, environmental
management, law, land surveying, architecture or any
other related or relevant field, nominated by the
provincial planning authorities in the region;
(b) a representative of each of the planning authorities in the
region;
(c) two representatives of the chiefs in the region, nominated
by the Chiefs in the region;
The Urban and Regional Planning [No. 3 of 2015 37
Director of
Planning
Regional
planning
authorities

he region, nominated
by the Chiefs in the region;
The Urban and Regional Planning [No. 3 of 2015 37
Director of
Planning
Regional
planning
authorities

(d) two representatives of business organisations operating
in the region; and
(e) two representatives of the civil society organisations
operating in the region. (3) The Minister shall, when appointing members under
subsection (2), ensure equitable gender representation. (4) The Minister shall appoint the chairperson and the members
shall elect the vice-chairperson of the regional planning authority
from among the members of the regional planning authority. (5) A member of the regional planning authority shall hold office
for such period as may be prescribed. (6) A person shall not be appointed a member of a regional
planning authority if that person—
(a) is an undischarged bankrupt; or
(b) has within a period of five years preceding the proposed
appointment—
(i) been convicted of an offence involving fraud or
dishonesty;
(ii) been convicted of an offence under any law and
sentenced to imprisonment for a period
exceeding six months without the option of a
fine; or
(iii) been found guilty of professional misconduct under
any law.

d to imprisonment for a period
exceeding six months without the option of a
fine; or
(iii) been found guilty of professional misconduct under
any law.

(7) The Minister may, by statutory instrument, delimitate the
area in a region for purposes of national development, prescribe
the procedures, reporting structures and administration of regional
planning authorities. (8) The Minister shall cause to be published in the Gazette the
names of the members of an ad hoc regional planning authority,
constituted under subsection (1), and the markings of the boundaries
constituting the region. 38 No. 3 of 2015] The Urban and Regional Planning

ority,
constituted under subsection (1), and the markings of the boundaries
constituting the region. 38 No. 3 of 2015] The Urban and Regional Planning

(9) The Director shall—
(a) be the secretary to the regional planning authority; and
(b) co-ordinate the nomination of members of the regional
planning authority and recommend the members for
appointment by the Minister. 10. (1) The functions of a regional planning authority are to—
(a) coordinate the preparation of the regional development
plan;
(b) advise and assist planning authorities within the region on
the preparation of development plans to ensure
compliance with the regional plan and the National
Planning Framework;
(c) plan and co-ordinate the provision of infrastructure and
facilities for the region;
(d) conduct research required for regional planning;
(e) recommend to the Minister such measures as may be
necessary to comply with the principles and standards
specified under section three; and
(f) carry out such other functions as are incidental and
necessary to regional planning. (2) A regional planning authority shall furnish the Minister with
such returns, reports, plans and other information relating to its
functions as may be determined by the Minister. (3) The expenses of a regional planning authority shall be met
by the Ministry. 11.

on relating to its
functions as may be determined by the Minister. (3) The expenses of a regional planning authority shall be met
by the Ministry. 11.

(1) There is established for each Province a provincial
planning authority. (2) A provincial planning authority shall consist of the following
members appointed by the Minister:
(a) five members qualified in planning, public health, law, land
surveying, architecture or any other related fields,
nominated by the local authorities in the Province;
The Urban and Regional Planning [No. 3 of 2015 39
Functions of
regional
planning
authority
Provincial
planning
authorities

uthorities in the Province;
The Urban and Regional Planning [No. 3 of 2015 39
Functions of
regional
planning
authority
Provincial
planning
authorities

(b) two representatives of the chiefdoms in the Province,
nominated by the Chiefs in the Province;
(c) two representatives of business organisations operating in
the province; and
(d) two representatives of civil society organisations operating
in the Province. (3) The Minister shall, when appointing members under
subsection (2), ensure equitable gender representation. (4) The Minister shall appoint the Chairperson and the
members shall elect the Vice-Chairperson of the provincial planning
authority from among the members of the provincial planning
authority. (5) A member of the provincial planning authority shall hold
office for three years and is eligible for appointment for a further
and final term of three years.

er of the provincial planning authority shall hold
office for three years and is eligible for appointment for a further
and final term of three years.

(6) A person shall not be appointed a member of a provincial
planning authority if that person—
(a) is an undischarged bankrupt; or
(b) has within a period of five years preceding the proposed
appointment—
(i) been convicted of an offence involving fraud or
dishonesty;
(ii) been convicted of an offence under any written
law and sentenced to imprisonment for a period
exceeding six months without the option of a
fine; or
(iii) been found guilty of professional misconduct
under any law. (7) The Minister may, by statutory instrument, prescribe the
procedures, reporting structures and administration of provincial
planning authorities. (8) The Provincial Planner shall—
(a) be the Secretary to the provincial planning authority; and
(b) coordinate the nomination of members of the provincial
planning authority and recommend the members for
appointment by the Minister. 40 No. 3 of 2015] The Urban and Regional Planning

bers of the provincial
planning authority and recommend the members for
appointment by the Minister. 40 No. 3 of 2015] The Urban and Regional Planning

12.

12.

(1) A provincial planning authority shall be responsible for
all planning activities for the province and shall—
(a) monitor and advise on the planning, drafting, adoption and
review of integrated development plans and local area
plans;
(b) facilitate the coordination and alignment of—
(i) the integrated development plans of local planning
authorities within the Province; and
(ii) the integrated development plans and local area
plans of local planning authorities with the
National Planning Framework and regional
development plans;
(c) take appropriate steps to resolve disputes or differences
relating to the planning, drafting, adoption or review of
integrated development plans and local area plans
between local planning authorities in the Province, as
may be prescribed, and refer the disputes that are not
settled to the Minister;
(d) assess integrated development plans and local area plans
in terms of adherence to the principles, requirements,
standards and planning guidelines provided for under
this Act;
(e) oversee all planning activities in the Province;
(f) assist local authorities in planning, drafting, adopting,
implementing and reviewing their integrated
development plans and local area plans; and
(g) perform any other functions relating to planning in the
Province as directed, in writing, by the Minister.

lopment plans and local area plans; and
(g) perform any other functions relating to planning in the
Province as directed, in writing, by the Minister.

(2) A provincial planning authority shall, where a local planning
authority fails to perform its functions under this Act, recommend
to the Minister the suspension or revocation of the local authority
as a planning authority. (3) A provincial planning authority shall, where the appointment
of a local authority as a planning authority is revoked or suspended
pursuant to subsection (2), perform the functions of the local planning
authority. The Urban and Regional Planning [No. 3 of 2015 41
Functions of
provincial
planning
authorities

perform the functions of the local planning
authority. The Urban and Regional Planning [No. 3 of 2015 41
Functions of
provincial
planning
authorities

13. (1) A local authority shall, for the purposes of this Act, be
designated as a planning authority for its area by the Minister, by
statutory instrument. (2) The functions of a local planning authority are to—
(a) regulate, control and plan for the development and use of
land and buildings within its area;
(b) prepare and implement integrated development plans, local
area plans and sectoral plans in accordance with this
Act;
(c) receive and process applications for planning permission
for the development of land;
(d) operate services and maintain infrastructure in its area;
(e) promote and facilitate sustainable land use in accordance
with this Act and any other written law; and
(f) perform any other planning and development functions as
are necessary for the implementation of this Act. (3) A local planning authority shall furnish the Minister with
such returns, plans, documents or any other information relating to
its activities under this Act as the Minister may request or as may
be prescribed.

such returns, plans, documents or any other information relating to
its activities under this Act as the Minister may request or as may
be prescribed.

(4) The Minister may, by statutory instrument, designate local
authorities as local planning authorities, prescribe the procedures,
reporting structures, secretariat services for, and administration of,
local planning authorities. 14. (1) The standing committee of a local authority responsible
for planning shall be the planning committee for purposes of this
Act. (2) The Provincial Planner shall be an ex-officio member of
all the planning committees within the Province. (3) A local authority shall, within ten days of the establishment
or appointment of a planning committee, submit the names of the
members of the planning committee to the Provincial Planner for
submission for information to the Minister. (4) Where a local authority does not establish a planning
committee in accordance with this section or does not meet the
requirements of this Act, the relevant provincial planning authority
shall perform the functions of the planning committee under this
Act. 42 No. 3 of 2015] The Urban and Regional Planning
Establishment
of local
authorities as
local
planning
authorities
Establishment
of planning
committees

2 No. 3 of 2015] The Urban and Regional Planning
Establishment
of local
authorities as
local
planning
authorities
Establishment
of planning
committees

(5) The planning department of a local authority shall provide
the secretarial and administrative support to the planning committee. 15. (1) A planning committee shall—
(a) recommend for adoption the integrated development plans,
local area plans and any other plan prepared by the local
planning authority in accordance with this Act;
(b) recommend modifications or changes to the integrated
development plan, local area plan and any other plan
prepared by the local planning authority in accordance
with this Act;
(c) consider and make planning decisions on applications for
development as prescribed; and
(d) monitor the implementation and enforcement of the
integrated development plans, local area plans and any
other plan prepared by the local planning authority in
accordance with this Act. (2) A planning committee shall, in performing its functions under
this Act, have regard to the reports and recommendations of the
planning department of the local authority. (3) A planning committee shall report to the council of the
local authority. PART III
P LANNING F RAMEWORK AND SYSTEM
16. (1) The National Planning Framework shall apply to the
whole area of the Republic.

f the
local authority. PART III
P LANNING F RAMEWORK AND SYSTEM
16. (1) The National Planning Framework shall apply to the
whole area of the Republic.

(2) The National Planning Framework shall—
(a) state the strategic policies for determining the general
direction and trends of spatial development and planning
for the Republic such as the following:
(i) general policies relating to development and use
of land in the Provinces;
(ii) measures for the improvement of the physical
living environment;
(iii) measures for the improvement of
communications and management of traffic;
The Urban and Regional Planning [No. 3 of 2015 43
Functions of
planning
committees
National
Planning
Framework

mmunications and management of traffic;
The Urban and Regional Planning [No. 3 of 2015 43
Functions of
planning
committees
National
Planning
Framework

(iv) measures for the improvement of socio-economic
well-being and the promotion of economic growth
and facilitation of sustainable development;
(b) include planning guidelines for regional development plans,
integrated development plans, local area plans and
sectoral plans; and
(c) contain such other matters as may be prescribed or as the
Minister may specify. (3) The Director shall, when preparing the National Planning
Framework, comply with national policies dealing with population,
urbanisation, rural development and the long- and medium-term
national financial and economic development plans for the Republic,
and shall consult appropriate regulatory authorities or such other
bodies as the Minister may direct. (4) The National Planning Framework shall be reviewed every
five years in line with the national financial and economic
development plans for the Republic or as directed by the Minister. (5) The Director shall, at least once in every year, or as directed
by the Minister, report to the Minister on the implementation of the
National Planning Framework. (6) A planning authority shall ensure that the objectives of the
National Planning Framework are achieved. 17.

ion of the
National Planning Framework. (6) A planning authority shall ensure that the objectives of the
National Planning Framework are achieved. 17.

(1) The Minister may, by statutory instrument, make
guidelines for planning and development which shall be complied
with by all planning authorities. (2) The Minister shall, where the subject matter of the
guidelines to be issued under sub-section (1) falls under the portfolio
of another Ministry, prepare and prescribe the guidelines in
consultation with the other Minister. (3) Without prejudice to the generality of section three, planning
guidelines made under this section shall deal with, and provide
guidance in relation to, the following:
(a) the requirements in the National Planning Framework;
(b) matters to be included in regional development plans,
integrated development plans, local area plans and
sectoral plans, as provided under this Act;
44 No. 3 of 2015] The Urban and Regional Planning
Planning
guidelines

elopment plans, local area plans and
sectoral plans, as provided under this Act;
44 No. 3 of 2015] The Urban and Regional Planning
Planning
guidelines

(c) principal physical, economic, environmental and social
characteristics, including the principal land uses of the
Republic and how these may affect areas;
(d) the issues to be taken into account when preparing
development plans;
(e) the projected size, composition and distribution of the
population of the Republic to be taken into account when
surveying an area for the preparation of development
plans for the area;
(f) the communication and transport system and traffic of the
Province and how these may affect the Province and
other provinces; and
(g) any other matter affecting urban and regional planning
and development, as the Minister may direct. 18.

fect the Province and
other provinces; and
(g) any other matter affecting urban and regional planning
and development, as the Minister may direct. 18.

A regional development plan may deal with the following—
(a) the use and development of land that is within a prescribed
distance from international borders;
(b) the use and development of land within National Parks,
heritage sites and areas of cultural significance;
(c) the use and development of land reserved for national
defence and security;
(d) the use and development of land of strategic importance
for biodiversity or food security;
(e) the use and development of land contaminated as a result
of industrial or mining operations;
(f) the use and development of land in support of transportation
infrastructure such as railway stations, airports and
harbours;
(g) the use and development of land for multifacility economic
zones or industrial parks;
(h) the use of land with natural resources of national interest
and importance; and
(i) any other matter the Minister may prescribe by statutory
instrument. 19. (1) A planning authority shall prepare an integrated
development plan for its area. (2) A planning authority may restrict the coverage of an
integrated development plan to prescribed parts of its area. The Urban and Regional Planning [No.

A planning authority may restrict the coverage of an
integrated development plan to prescribed parts of its area. The Urban and Regional Planning [No.

3 of 2015 45
Regional
development
plans
Integrated
development
plans

3 of 2015 45
Regional
development
plans
Integrated
development
plans

(3) An integrated development plan shall be the principal
planning instrument to guide and inform all planning and development
in the area of the local authority and all planning decisions of a
planning authority. (4) An integrated development plan shall—
(a) link, integrate and coordinate sector plans and proposals
for the development of the area of the local authority;
(b) align the resources and capacity of the local authority for
the implementation of those components of the plans
requiring the use of local resources;
(c) form the policy framework and basis on which annual
budgets shall be approved;
(d) be compatible with the National Planning Framework and
the regional development plan;
(e) indicate priority areas for—
(i) housing development, informal settlement upgrading
and improvement;
(ii) social service provision;
(iii) infrastructure development, re-vitalisation,
renewal and maintenance;
(iv) local economic development;
(v) environmental management;
(vi) protection of ecologically sensitive areas, heritage
and cultural sites; and
(vii) poverty alleviation; and
(f) identify the priority areas provided for in paragraph (e) to
be incorporated into the local area plans.

sites; and
(vii) poverty alleviation; and
(f) identify the priority areas provided for in paragraph (e) to
be incorporated into the local area plans.

(5) An integrated development plan shall be valid for a period
of ten years from the date of its adoption and shall bind all persons
and State institutions. (6) An integrated development plan shall—
(a) be prepared in accordance with the planning guidelines
and the provisions of this Act;
(b) be reviewed every five years from the date of its adoption
and, if need be, amendments effected to the plan;
46 No. 3 of 2015] The Urban and Regional Planning

wed every five years from the date of its adoption
and, if need be, amendments effected to the plan;
46 No. 3 of 2015] The Urban and Regional Planning

(c) ensure coordination with the relevant Ministries,
stakeholders and appropriate regulatory authorities; and
(d) be aligned with and complement the development plans
and strategies of neighbouring local authorities and State
institutions. 20. (1) An integrated development plan shall include a planning
survey and issues report, a development framework report, an
implementation programme, a report on public consultation and
appropriate diagrams and plans. (2) A planning committee shall, in formulating an integrated
development plan, ensure that—
(a) the policy and proposals reflected in the integrated
development plan are justified by the results of the
planning survey; and
(b) the proposals reflect current policies with respect to
financial and economic planning of the Republic and
such other matters as may be prescribed by the Minister.

reflect current policies with respect to
financial and economic planning of the Republic and
such other matters as may be prescribed by the Minister.

(3) A survey of areas planned for development shall be carried
out in the prescribed manner and shall include—
(a) the principal spatial and economic characteristics of the
area under the planning authority, including the
characteristics of any neighbouring areas that affect the
planning authority’s area;
(b) the size, composition and distribution of the population of
the area;
(c) the communication and transport system and traffic
patterns of the area and neighbouring areas;
(d) an assessment of the existing infrastructure and level of
development in the area, which shall include an
identification of communities which do not have access
to basic services and those proposed or designated for
redevelopment, improvement, upgrading, revitalisation
or renewal;
(e) a baseline strategic environmental assessment of the area
to be covered by the plan;
(f) any substantial changes anticipated during the period of
the plan as a result of projected demographic changes
and other factors;
The Urban and Regional Planning [No. 3 of 2015 47
Contents of
integrated
development
plans

result of projected demographic changes
and other factors;
The Urban and Regional Planning [No. 3 of 2015 47
Contents of
integrated
development
plans

(g) a description of the applied planning process and the public
consultative process;
(h) the key issues and priorities from the survey which the
plan is intended to address; and
(i) such other matters as may be prescribed by the Minister.

the key issues and priorities from the survey which the
plan is intended to address; and
(i) such other matters as may be prescribed by the Minister.

(4) A survey report shall include a development framework
which shall set out—
(a) the local authority’s vision for the long term development
of its area, with emphasis on environmental concerns
and the local authority’s development and internal
transformation needs;
(b) the local authority’s development objectives, priorities and
development strategies, which shall be aligned with the
National Planning Framework and sectoral local planning
requirements;
(c) an assessment of alternative spatial development scenarios
that might be able to address the identified issues and
deliver the local authority’s objectives; and
(d) an integrated development framework, which shall state
the policy and proposals of the local authority in respect
of the manner in which land in the area shall be used
and the stages by which the development may be carried
out, including—
(i) initiatives to improve, maintain or protect the
environmental, social and economic aspects of
development;
(ii) the delineation of specific protection zones, areas
of environmental sensitivity or cultural and
historical importance or areas of importance
for disaster management purposes;
(iii) the identification of national and regional interests,
policies and guidelines;
(iv) the relationship of the proposals to the
development and use of land in neighbouring
areas which may affect those areas;
48 No.

s and guidelines;
(iv) the relationship of the proposals to the
development and use of land in neighbouring
areas which may affect those areas;
48 No.

3 of 2015 The Urban and Regional Planning

3 of 2015 The Urban and Regional Planning

(v) the delineation of informal settlements with a
description of improvement inputs or other
management responses required and the
appropriate building and land use controls to be
applied in those areas; and
(vi) the areas under the jurisdiction of traditional
authorities and proposed policies and proposals
for those areas.

o be
applied in those areas; and
(vi) the areas under the jurisdiction of traditional
authorities and proposed policies and proposals
for those areas.

(5) An implementation programme shall include —
(a) a capital investment programme indicating the major
projects and investments required to implement the
development framework with the agency responsible
for delivery;
(b) a local authority’s financial plan providing a budget
projection for the first five years after the adoption of
the plan and indicating the manner in, and extent to,
which the capital and operational budgets of the local
authority reflect the priorities and objectives of the
integrated development plan, including the local
authority’s expectation of specific funding allocations
from the Government;
(c) a programme for the preparation of local area plans and
other detailed planning activities to assist in the
implementation of the integrated development plans; and
(d) proposals for monitoring and review of the integrated
development plan, including key performance indicators.

he integrated development plans; and
(d) proposals for monitoring and review of the integrated
development plan, including key performance indicators.

(6) Where land falling under customary tenure is to be included
in an integrated development plan in line with a planning agreement
drawn up in accordance with section twenty-five, the methods,
mechanisms, processes and procedures for consultation and
participation of residents and stakeholders occupying the customary
land, including traditional authorities, as indicated in the planning
programme, shall be complied with and the method of publication
shall take into account the cultural values and norms of the area. 21. (1) A planning authority shall use a local area plan as a
planning instrument to provide detailed proposals for the
development of an area designated for development under an
integrated development plan. The Urban and Regional Planning [No. 3 of 2015 49
Local area
plans

lopment of an area designated for development under an
integrated development plan. The Urban and Regional Planning [No. 3 of 2015 49
Local area
plans

(2) A local area plan shall link, integrate and coordinate plans
and proposals for the development of an area or areas of the local
authority in accordance with the principles of integrated development
planning and may provide the basis for property delineation, cadastral
surveys and land tenure registration or recognition under any
certification relating to title or occupancy. (3) A local area plan may be developed for—
(a) sections of a settlement, sub-areas, sub-districts or wards
within a local authority’s area;
(b) the development of housing projects, business zones,
industrial areas or other development projects;
(c) the improvement, upgrading or rehabilitation of areas and
settlements;
(d) private developments;
(e) the development of areas within land falling under
customary tenure;
(f) infrastructure and social service provision;
(g) the protection and care of environmentally, culturally and
historically significant places or buildings.

rastructure and social service provision;
(g) the protection and care of environmentally, culturally and
historically significant places or buildings.

(4) A local area plan shall—
(a) indicate the period for which it is valid;
(b) comply with the contents of an integrated development
plan and provide for poverty alleviation, local community
democracy, public participation, accountable governance
and other planning principles;
(c) be directly linked to an implementation and financial plan;
(d) take into account the processes and proposals of other
local area plans in the area of the local authority and the
neighbouring local authorities; and
(e) provide for distinct landuse standards and controls to be
applied in different categories of areas. (5) The preparation and scope of a local area plan shall be
determined by the local authority based on its needs, capacity and
resources and shall comply with this Act. (6) Where there is a conflict between a local area plan and an
integrated development plan, the integrated development plan shall
take precedence. 50 No. 3 of 2015] The Urban and Regional Planning

area plan and an
integrated development plan, the integrated development plan shall
take precedence. 50 No. 3 of 2015] The Urban and Regional Planning

(7) A local area plan shall remain in force notwithstanding the
review of the integrated development plan or the adoption of a
new development plan affecting the area to which the local area
plan relates. (8) Where an area that is the subject of a local area plan is, or
includes, land held under customary tenure, the consultation process
shall take into account the cultural values and norms and needs of
the area. (9) A local planning authority may, with the approval of the
provincial planning authority, amend or revoke a local area plan, as
prescribed. 22.

rea. (9) A local planning authority may, with the approval of the
provincial planning authority, amend or revoke a local area plan, as
prescribed. 22.

A local area plan shall comply with guidelines issued by
the Minister on the preparation of local development plans and
shall include—
(a) a report of the planning survey carried out with respect
to the area to which the plan relates which shall
indicate—
(i) the principal spatial and economic characteristics
of the area being considered for the plan and
the neighbouring areas;
(ii) the size, composition and distribution of the
population of the area;
(iii) the communication, transport system and traffic
of the area;
(iv) the infrastructure in the area;
(v) an assessment of existing levels of development
of the area;
(vi) the identification of built-areas, buildings and other
assets of cultural or historical value that need
protection;
(vii) the effect of any changes which may affect the
development of the area, and any changes
anticipated during the period covered by the plan
as indicated by projected demographic changes
and other factors;
(viii) a description of the applied planning process;
(ix) a description of the public consultation process;
(x) the key issues and priorities from the survey and
analysis for the plan to address; and
The Urban and Regional Planning [No.

consultation process;
(x) the key issues and priorities from the survey and
analysis for the plan to address; and
The Urban and Regional Planning [No.

3 of 2015 51
Contents of
local area
plan

3 of 2015 51
Contents of
local area
plan

(xi) such other matters as may be prescribed by a
local authority;
(b) a development framework, which shall set out—
(i) the manner in which the land in the area is
proposed to be used;
(ii) the associated initiatives, policies and projects to
improve, maintain or protect the environmental,
social and economic aspects of development;
and
(iii) the relationship of the proposals to the general
proposals for the development and use of land
in neighbouring areas which may affect those
areas;
(c) the implementation programme comprising—
(i) a financial plan for the implementation of the local
area plan;
(ii) proposals for monitoring and review of the local
area plan, including key performance indicators;
(d) such diagrams, illustrations and other graphical material
as the planning authority may consider appropriate to
explain or illustrate the plan; and
(e) a report describing the results of the public consultation
process. 23. (1) A local planning authority shall adopt a local area plan
and submit a report to the provincial planning authority within thirty
days of the date of the adoption of the local area plan.

dopt a local area plan
and submit a report to the provincial planning authority within thirty
days of the date of the adoption of the local area plan.

(2) The report, referred to in subsection (1), shall include—
(a) the draft local area plan and the reasons for any alterations
made to the draft plan;
(b) details of all objections and the responses to the local
area plan;
(c) the report of any public hearing undertaken;
(d) a statement—
(i) to the effect that the provisions relating to public
notification, consultation and participation have
been complied with; and
52 No. 3 of 2015] The Urban and Regional Planning
Adoption of
local area
plan

otification, consultation and participation have
been complied with; and
52 No. 3 of 2015] The Urban and Regional Planning
Adoption of
local area
plan

(ii) specifying the legislation relating to other land uses
that has been considered; and
(e) comments on the adherence to the planning guidelines
specified under this Act. (3) A proposed local area plan shall be made available for
public inspection during the hours of business of a local authority,
for a period of thirty days, prior to adoption. (4) The local authority may make available the local area plan
for free or at a prescribed fee. (5) A person may make a written submission or observation in
relation to a local area plan within the period referred to in subsection
(3). (6) The provincial planning authority shall, within sixty days of
the receipt of a local area plan, approve or object to the local area
plan. (7) The provincial planning authority shall, where it objects to
a local area plan—
(a) inform the local planning authority accordingly and give
reasons for the objection; and
(b) direct the local planning authority to amend the local area
plan as the provincial planning authority may determine.

easons for the objection; and
(b) direct the local planning authority to amend the local area
plan as the provincial planning authority may determine.

(8) A local planning authority shall, where the provincial
planning authority directs the local planning authority to amend the
local area plan, amend the local area plan within a period of forty-
five days. (9) The provisions of section forty-four apply to the calling in
of a local area plan. 24. (1) A local planning authority may prepare sectoral plans
to support the implementation of its integrated development plan, in
consultation with relevant sectoral ministries, appropriate regulatory
authorities or other agencies. (2) A sectoral plan may include policies and plans directing
land use for purposes such as—
(a) infrastructure and service provision;
(b) health;
(c) education;
(d) housing;
(e) economic development;
(f) communication;
The Urban and Regional Planning [No. 3 of 2015 53
Sectoral
plans

(b) health;
(c) education;
(d) housing;
(e) economic development;
(f) communication;
The Urban and Regional Planning [No. 3 of 2015 53
Sectoral
plans

(g) transport;
(h) waste management;
(i) water and sanitation;
(j) agricultural development;
(k) wildlife management;
(l) forest management; and
(m) any other purposes as may be required under this Act or
any other law. (3) A sectoral plan shall conform with an integrated
development plan and its planning programme and shall adhere to
the development and planning principles, programmes and proposals
adopted in the integrated development planning process. (4) A local authority shall determine the preparation and scope
of a sectoral plan based on its needs, capacity and resources and
shall use the process set out for the preparation and adoption of a
local area plan. 25. (1) A local authority may, in order to develop a customary
area and facilitate the implementation of an integrated development
plan or local area plan in the customary area, enter into planning
agreements with one or more Chiefs responsible for the customary
area.

development
plan or local area plan in the customary area, enter into planning
agreements with one or more Chiefs responsible for the customary
area.

(2) A planning agreement shall contain the following—
(a) the identification of customary land to which the application
of special planning standards and approval requirements
shall apply;
(b) the identification of types of applications for the land
identified in paragraph (a) that shall require special
planning procedures to be complied with by applicants
for land;
(c) the identification of areas falling under customary land
for which a local area plan shall be made and of any
special procedures that might be applied to that planning
process;
(d) the identification of customary land which a local authority
considers should be—
(i) designated an Improvement Area under this Act;
or
(ii) used to facilitate the expansion of a settlement as
designated in an integrated development plan;
54 No. 3 of 2015] The Urban and Regional Planning
Planning
agreements

e the expansion of a settlement as
designated in an integrated development plan;
54 No. 3 of 2015] The Urban and Regional Planning
Planning
agreements

(e) the identification of built areas, buildings and other assets
of cultural or historical value that need protection and
management, and other areas as may be prescribed;
(f) the allocation of financial and human resources from the
local authority, where appropriate, to the relevant Chief
in order to support the implementation of the planning
agreement; and
(g) protocols for engagement and communication among the
local authority, local community and the Chief on
planning and development matters. (3) Where a Chief or local authority refuses to enter into a
planning agreement, the Minister shall, after consultation with the
President, sign the planning agreement if it is in the public interest
to do so for purposes of this Act, and the planning agreement shall
bind the Chief and local authority concerned. 26. The regional development plans, integrated development
plans, local area plans and sectoral plans shall be consistent with
the principles and objectives of the applicable planning guidelines. 27.

velopment
plans, local area plans and sectoral plans shall be consistent with
the principles and objectives of the applicable planning guidelines. 27.

Where a local authority has, by resolution, approved a plan
within a period of five years preceding the commencement of this
Act and that plan substantially complies with the requirements of
an integrated development plan in accordance with this Act, that
plan shall be recognised as an integrated development plan for a
period of five years after the commencement of this Act and shall
have the legal effect as if developed and approved under this Act. PART IV
I MPROVEMENT A REAS
28. (1) A planning authority may, declare an area of land within
its area of jurisdiction an Improvement Area, and may declare that
the whole or part of the land comprised in the Improvement Area
shall cease to be part of an Improvement Area. (2) Land shall be declared an Improvement Area if—
(a) in the case of customary land, it is subject to a planning
agreement pursuant to section twenty-five; and
(b) a survey diagram showing the perimeter of the
proposed Improvement Area is duly approved by
the Surveyor-General and is deposited by the local
authority with the Surveyor-General and the Registrar
of Lands and Deeds.

Area is duly approved by
the Surveyor-General and is deposited by the local
authority with the Surveyor-General and the Registrar
of Lands and Deeds.

(3) A local area plan shall be prepared for an Improvement
Area in accordance with the provisions of this Act. The Urban and Regional Planning [No. 3 of 2015 55
Consistency
of plans
Recognition
of existing
plans
Declaration
of
Improvement
Areas

ons of this Act. The Urban and Regional Planning [No. 3 of 2015 55
Consistency
of plans
Recognition
of existing
plans
Declaration
of
Improvement
Areas

(4) Where a local area plan is adopted for an Improvement
Area, Parts VI, VII, VIII and IX shall apply in respect of any
development to be undertaken from the date of the adoption of the
local area plan. 29. Subject to the provisions of this Act, a local authority
may—
(a) subdivide , consolidate or alter the boundaries of land in
an Improvement Area for purposes of a local area plan;
(b) erect any building or effect any improvement on any piece
or parcel of land; and
(c) carry out the construction and maintenance of roads,
pathways, waterworks, drainage, sewerage and other
works for public amenity as it may consider necessary
or desirable. 30. (1) A person shall not, without an occupancy licence issued
under this section and except in accordance with the conditions of
the occupancy licence, build, use, let, sell, create a lien or security
or in any way deal with any dwelling or building erected on any
piece or parcel of land. (2) A local authority may issue to any person an occupancy
licence in respect of any piece or parcel of land in such form,
subject to such conditions and on payment of such fees as may be
prescribed.

occupancy
licence in respect of any piece or parcel of land in such form,
subject to such conditions and on payment of such fees as may be
prescribed.

(3) Subject to the provisions of this Act, an occupancy licence
shall be valid for a period of thirty years. (4) An occupancy licence and any other document relating to
any dealing with land shall be registered in such manner as may be
prescribed. (5) The holder of an occupancy licence shall have such rights
and obligations in respect of the piece or parcel of land to which
the licence relates and in respect of any dwelling or other building
erected thereon as may be prescribed. (6) A local authority may, after giving three months’ notice in
writing to the licensee, revoke an occupancy licence on any of the
following grounds:
(a) the licensee has committed a breach of, or failed to comply
with, any of the conditions of the licence; or
(b) the licensee has failed to pay the fee prescribed for the
licence. (7) Any fees payable under this Part may be recovered by a
local authority as a civil debt. 56 No. 3 of 2015] The Urban and Regional Planning
Subdivision
and control
of
Improvement
Areas
Occupancy
licence and
certificate of
title

civil debt. 56 No. 3 of 2015] The Urban and Regional Planning
Subdivision
and control
of
Improvement
Areas
Occupancy
licence and
certificate of
title

(8) A holder of an occupancy licence may apply to the registrar
for the issuance of the certificate of title in respect of the piece or
parcel of land to which the occupancy licence relates. 31. (1) A building erected and an improvement effected on
any land to which this Act applies shall be in accordance with
specifications approved by the local authority in whose jurisdiction
the land is situated. (2) The Minister may, by statutory instrument, prescribe the
specifications for any building or improvement referred to in
subsection (1). 32. Every signature to any document required or permitted to
be registered under this Act shall be attested by a registrar. 33. A registrar shall not register any document purporting to
transfer, deal in or affect any land unless the local authority in
whose jurisdiction the land is situated is a party to the transaction
recorded in the document or has signified its consent to the
transaction. 34.

in
whose jurisdiction the land is situated is a party to the transaction
recorded in the document or has signified its consent to the
transaction. 34.

Where an occupancy licence is lost or destroyed, the
transferee of the land to which the occupancy licence relates may
make a declaration, stating to the best of the licensee’s knowledge
and belief the facts of the case and the particulars of all transactions
affecting the land or the title thereto, and the registrar, if satisfied
as to the truth of such declaration, may issue to the transferee a
provisional occupancy licence in respect of that land, except that
the registrar shall, before issuing the provisional occupancy licence,
give thirty days’ notice in the Gazette of the intention to do so. PART V
THE P LANNING P ROCESS
35. (1) A local authority shall, within a period of six months
from the election of its council if—
(a) there is an existing integrated development plan adopted
by a previous council, adopt that integrated development
plan or review the integrated development plan; and
(b) there is no existing integrated development plan or the
council considers that it is necessary to review the
existing plan, initiate the planning process. The Urban and Regional Planning [No.

nt plan or the
council considers that it is necessary to review the
existing plan, initiate the planning process. The Urban and Regional Planning [No.

3 of 2015 57
Construction
of
buildings in
Improvement
Areas
Attestation
of
signatures
Consent for
dealing with
land
Loss of
occupancy
licence
Initiation of
planning

onstruction
of
buildings in
Improvement
Areas
Attestation
of
signatures
Consent for
dealing with
land
Loss of
occupancy
licence
Initiation of
planning

(2) Where a local authority does not have a planning
department or fails to meet the development or planning capacity
requirements prescribed under this Act, it shall submit the resolution
directing the commencement of a planning process to the provincial
planning authority which shall be responsible for the planning process,
in consultation with the local authority. (3) A copy of the resolution referred to in subsection (1) shall
be deposited with the Minister, for information purposes, whether
or not the resolution directing the commencement of a planning
process is submitted to a planning committee or a provincial planning
authority. (4) A resolution of a local authority shall be published for public
information, at least once a week, in a daily newspaper of general
circulation in the area of the local authority for two consecutive
weeks, except that where newspapers are not widely circulated,
the local authority shall take additional steps to ensure that the
resolution is communicated to the residents of its area. 36. (1) A planning department shall prepare a planning
programme and submit the planning programme to the planning
committee for approval.

f its area. 36. (1) A planning department shall prepare a planning
programme and submit the planning programme to the planning
committee for approval.

(2) A planning programme shall—
(a) identify the goals, objectives, development needs, priorities,
issues and concerns to be covered in the planning process
as well as the cost of the planning process;
(b) provide for the process of the preparation of the
development plan;
(c) propose the methods for the identification of the
stakeholders to be consulted in the planning process,
including the State institutions, local authorities,
vulnerable groups and traditional leaders with whom joint
planning is likely to be undertaken; and
(d) propose the means of public consultation and participation. (3) The following shall be taken into account in making
proposals for public consultation and participation:
(a) language preferences and usage in the area;
(b) the needs of illiterate and vulnerable persons;
(c) the needs of the Chiefs in the area; and
58 No. 3 of 2015] The Urban and Regional Planning
Preparation
of
planning
programme

d vulnerable persons;
(c) the needs of the Chiefs in the area; and
58 No. 3 of 2015] The Urban and Regional Planning
Preparation
of
planning
programme

(d) the needs of stakeholders with an interest in customary
land. (4) A planning committee shall submit the proposed planning
programme to the local authority for adoption, except where the
planning programme is developed by the provincial planning
authority. (5) A local authority shall, within fourteen days of the receipt
of a planning programme under subsection (4), adopt the planning
programme or refer it to the planning committee for amendment. 37. (1) A planning authority shall—
(a) publish the proposed planning programme for public
scrutiny in a daily newspaper circulating in the area at
least once a week for two consecutive weeks; and
(b) display notices, in the prescribed form, relating to the
proposed planning programme at the offices of the local
authority, on its website and other public places in its
area for a period of thirty days. (2) A person may make submissions on the proposed planning
programme, in writing, to the planning committee within thirty days
following the first publication of the notice. (3) A planning committee shall take into account the
submissions of the public made pursuant to subsection (2). 38.

e first publication of the notice. (3) A planning committee shall take into account the
submissions of the public made pursuant to subsection (2). 38.

(1) A local planning authority shall submit a copy of the
adopted programme to the provincial planning authority within thirty
days of the date of approval of the planning programme. (2) A provincial planning authority shall, upon receipt of the
proposed programme, consider and determine the adequacy of the
programme for public participation, compliance with the planning
guidelines, the availability of the funds required to implement the
programme and the need for cooperation with other local authorities. (3) A provincial planning authority shall, where it determines
that the planning programme submitted under subsection (1) is
inadequate in relation to the matters referred to in subsection (2),
within thirty days of receiving the proposed planning programme,
direct the local planning authority to adjust the planning programme. (4) A local planning authority shall, within fourteen days of the
receipt of a direction to adjust the planning programme under
subsection (3)—
The Urban and Regional Planning [No. 3 of 2015 59
Public
consultation
of
proposed
planning
programme
Consideration
of
planning
programme
by provincial
planning
authority

nal Planning [No. 3 of 2015 59
Public
consultation
of
proposed
planning
programme
Consideration
of
planning
programme
by provincial
planning
authority

(a) adjust its programme in accordance with the
direction; or
(b) object to the direction and give the provincial
planning authority the reasons for the
objection. (5) A provincial planning authority may, on receipt of the
objection under paragraph (b) of subsection (4), refer the local
planning authority’s objection to the Director, and the local planning
authority shall adopt the planning programme as recommended by
the Director. (6) A local planning authority shall inform the community,
residents, rate payers, stakeholders and the general public about
the adopted planning programme in the prescribed manner. 39. (1) A local planning authority or the provincial planning
authority, as the case may be, shall manage the drafting of an
integrated development plan in accordance with the adopted planning
programme provided for under section thirty-six. (2) An integrated development plan shall take account of the
integrated development plans and planning strategies of
neighbouring local authorities. (3) The preparation of an integrated development plan shall
ensure coordination with appropriate regulatory authorities
responsible for sectoral plans.

3) The preparation of an integrated development plan shall
ensure coordination with appropriate regulatory authorities
responsible for sectoral plans.

(4) A local planning authority shall plan for integrated
development of its area in consultation with the Chiefs and the
local communities in that area in respect of customary land and in
line with planning agreements, where applicable. (5) A local planning authority shall, during the preparation period,
receive objections, comments and contributions from the public,
communities and other stakeholders in accordance with a planning
programme. 40. (1) A planning authority shall, within fourteen days of the
preparation or proposed amendments of a regional development
plan, an integrated development plan, local area plan or sectoral
plan, display a notice in public places in its area, at its offices and
on its website, in the prescribed manner and form, informing the
public of the availability of the draft regional development plan,
integrated development plan, local area plan or sectoral plan. 60 No. 3 of 2015] The Urban and Regional Planning
Preparation
of
integrated
development
plan
Public
consultation
and
participation

n or sectoral plan. 60 No. 3 of 2015] The Urban and Regional Planning
Preparation
of
integrated
development
plan
Public
consultation
and
participation

(2) A planning authority shall make the draft regional
development plan, integrated development plan, local area plan or
sectoral plan available for public scrutiny and comments at its office
and at other public offices in its area, for a period of sixty days. (3) A planning authority shall establish mechanisms to collect
and respond to public comments, concerns and questions relating
to the draft regional development plan, integrated development plan,
local area plan or sectoral plan, including public debates and hearings. (4) A public hearing for a draft regional development plan,
integrated development plan, local area plan or sectoral plan shall
be conducted in the prescribed manner. 41. (1) A person may make objections or submissions to a draft
integrated development plan or local area plan or proposed
amendment to the adopted integrated development plan or local
area plan in such manner as may be prescribed and the planning
authority shall deal with the objections and submissions as may be
prescribed.

or local
area plan in such manner as may be prescribed and the planning
authority shall deal with the objections and submissions as may be
prescribed.

(2) The local planning authority may make alterations to the
draft integrated development plan or local area plan referred to
under subsection (1) after taking into account any objections made
to the planning authorities under that subsection. (3) Where, following the consideration of written submissions
made under subsection (1), the local planning authority considers
that the draft integrated development plan or local area plan should
be amended, the local planning authority shall, within thirty days
after the expiration of the last day of public inspection period under
subsection (4), publish notice of the proposed amendment in at
least one daily newspaper circulating in its area, at its offices, on its
website and other public places in its area.

of the proposed amendment in at
least one daily newspaper circulating in its area, at its offices, on its
website and other public places in its area.

(4) A notice under subsection (3) shall state that—
(a) a copy of the proposed amendment of the integrated
development plan or local area plan may be inspected
at such place and times during a specified period of
thirty days and the copy shall be available for inspection
accordingly; and
(b) written submissions or observations with respect to the
proposed amendment only of the integrated development
plan and local area plan made to the local planning
authority within the specified period shall be taken into
consideration before the making of any amendment. The Urban and Regional Planning [No. 3 of 2015 61
O b j e c t i o n s
and
submissions

be taken into
consideration before the making of any amendment. The Urban and Regional Planning [No. 3 of 2015 61
O b j e c t i o n s
and
submissions

(5) The members of a planning committee shall consider the
amendment and the submissions made under subsection (3). 42. (1) A local authority shall adopt an integrated development
plan and, within thirty days of adoption, submit the integrated
development plan and the report to the Minister for consideration. (2) The report, referred to in subsection (1), shall include—
(a) details of all the objections and the responses to the
integrated development plan;
(b) a report of any public hearing;
(c) the draft integrated development plan and the reasons for
any alterations made to the plan;
(d) a statement—
(i) to the effect that the provisions relating to public
consultation and participation have been
complied with; and
(ii) specifying the legislation relating to other land
uses that has been considered; and
(e) any comments on the adherence to planning guidelines
and the relevance to the National Planning Framework,
where applicable. (3) The Minister shall, within sixty days of the receipt of an
integrated development plan, approve or object to the integrated
development plan.

ble. (3) The Minister shall, within sixty days of the receipt of an
integrated development plan, approve or object to the integrated
development plan.

(4) The Minister shall, where the Minister objects to an
integrated development plan—
(a) inform the local planning authority accordingly and give
reasons for the objection; and
(b) direct the local planning authority to amend the integrated
development plan as the Minister may determine. (5) A local planning authority shall, where the Minister directs
it to amend the integrated development plan, amend it within a
period of forty-five days. 43. (1) A local authority shall implement an integrated
development plan approved by the Minister and ensure that the
development of the area is consistent with the plan. (2) A planning authority shall avail the approved integrated
development plan for public inspection and copies of it may be
obtained by any member of the public for free or at a prescribed
fee. 62 No. 3 of 2015] The Urban and Regional Planning
Adoption of
integrated
development
plan
Implementa-
tion of
integrated
development
plan

scribed
fee. 62 No. 3 of 2015] The Urban and Regional Planning
Adoption of
integrated
development
plan
Implementa-
tion of
integrated
development
plan

(3) An integrated development plan shall serve as a basis on
which the local authority’s capital and operational budgets shall be
drawn up and approved. 44. (1) The Minister may call in an integrated development
plan if—
(a) the plan conflicts with the planning guidelines or other
national policies;
(b) the formulation process contravenes the procedural
requirements prescribed under this Act; or
(c) does not take into account public views and concerns in
respect of an area. (2) The Minister shall, where the Minister calls in a plan, direct
the Director to ensure the completion of the integrated
development plan and refer the plan to the planning authority for
adoption. (3) The Minister shall, where the Minister calls in an integrated
development plan due to concerns with specified aspects of the
plan, provide guidance on the specified aspects of the plan, and the
relevant planning authority shall be responsible for the rest of the
planning process. (4) The Minister shall, where the Minister assumes the
responsibility of making an integrated development plan or particular
aspects of the plan, comply with procedural requirements of this
Act. 45.

es the
responsibility of making an integrated development plan or particular
aspects of the plan, comply with procedural requirements of this
Act. 45.

(1) A planning authority shall review its integrated
development plan every five years in accordance with an
assessment of its performance indicators set out in the integrated
development plan. (2) A planning authority may amend or update an integrated
development plan following the five yearly review, or more
frequently, but not more than annually, where it considers it
necessary to amend or update the plan for purposes of—
(a) meeting pressing public infrastructural demands;
(b) correcting an anomaly in the plan or any other aspects
relating to inadequacies that require changes in the plan;
The Urban and Regional Planning [No. 3 of 2015 63
Calling in of
integrated
development
plan
Review of
integrated
development
plan

changes in the plan;
The Urban and Regional Planning [No. 3 of 2015 63
Calling in of
integrated
development
plan
Review of
integrated
development
plan

(c) protecting areas of ecological significance or cultural
heritage as provided under the National Heritage
Conservation Commission Act; or
(d) responding to a humanitarian crisis, mitigating the effect
of a natural disaster or providing for the upgrading of
informal settlements. (3) A local planning authority shall inform the provincial planning
authority of the purpose, extent and general effect of the proposed
amendment under subsections (1) and (2), and the provincial
planning authority shall, within twenty-one days of being informed
by the local planning authority, respond to the local planning
authority. (4) A local planning authority shall, if the provincial planning
authority fails to respond within the period, referred to under
subsection (3), adopt the proposed amendment to the integrated
development plan. (5) The provincial planning authority may—
(a) object and make written proposals for the adjustment of
the proposed amendment to the integrated development
plan; or
(b) inform the local authority whether further public
consultation is required.

tment of
the proposed amendment to the integrated development
plan; or
(b) inform the local authority whether further public
consultation is required.

(6) A local planning authority shall, where the provincial
planning authority makes proposals for amendments to the integrated
development plan, consider the proposals of the provincial planning
authority and shall, within ninety days of receipt of the proposals—
(a) if it agrees with the proposals, adjust the proposed
amendment in accordance with the proposals made by
the provincial planning authority; or
(b) if it disagrees with the proposals of the provincial planning
authority, object to the proposal and furnish the provincial
planning authority with reasons, in writing, why it
disagrees. (7) A provincial planning authority shall, on receipt of an
objection under paragraph (b) of subsection (6), refer the local
planning authority’s objection to the Minister for direction. (8) A local planning authority shall adopt the integrated
development plan as directed by the Minister pursuant to subsection
(7). 64 No. 3 of 2015] The Urban and Regional Planning
Cap. 173

opt the integrated
development plan as directed by the Minister pursuant to subsection
(7). 64 No. 3 of 2015] The Urban and Regional Planning
Cap. 173

46. (1) A local authority may enter into partnerships for the
benefit of the general public for purposes of plan preparation,
implementation, operation and maintenance related to areas covered
by an integrated development plan or local area plan. (2) A private developer may prepare and submit for approval
to the planning committee, a local area plan for the proposed
development of an area designated for development, which complies
with the integrated development plan for the area in accordance
with the requirements of this Act. (3) A private developer shall comply with the procedural
requirements for the preparation of a local area plan set out in this
Act. 47. (1) Two or more neighbouring local authorities may, by
written agreement, and after consultation with the provincial planning
authority or authorities, prepare integrated development plans jointly
or may establish a part, or parts, of their respective areas as a
multijurisdictional council service area to facilitate the provision of
public services in that part or those parts of the area.

respective areas as a
multijurisdictional council service area to facilitate the provision of
public services in that part or those parts of the area.

(2) Any joint planning initiatives and multi-jurisdictional council
service area agreements shall be undertaken and concluded in the
prescribed manner. 48. (1) Where the owner of any land which is reserved under
an integrated development plan or a local area plan is deprived of
its reasonable, lawful and beneficial use by a refusal of permission
to develop such land solely on the ground that the proposed
development would interfere with the use of the land for the purpose
for which it is reserved, the owner of the land may request the
local authority to cause the reserved land to be acquired in
accordance with the Land Acquisition Act. (2) Subject to this Act, an owner of land may serve notice on
the Minister or the planning authority requesting that an order be
made to cause the land, in whole or in part, to be acquired if by
reason of any provision in an approved development plan—
(a) a proportion of the land cannot be lawfully developed and
the remainder is incapable of reasonable, lawful and
beneficial use; or
(b) the land has been severed in such a manner that one or
more severed portions are so small or so badly shaped
that they are incapable of reasonable and beneficial use.

n severed in such a manner that one or
more severed portions are so small or so badly shaped
that they are incapable of reasonable and beneficial use.

The Urban and Regional Planning [No. 3 of 2015 65
Partnerships
with
private
developers
Joint
planning
initiative
Acquisition
of land
Cap. 189

The Urban and Regional Planning [No. 3 of 2015 65
Partnerships
with
private
developers
Joint
planning
initiative
Acquisition
of land
Cap. 189

PART VI
P LANNING APPLICATIONS AND P ERMISSION
49. (1) A person shall not carry out any development on land,
change the use of land or subdivide any land without planning
permission. (2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding three
hundred penalty units. (3) A planning authority may, where a person carries out any
development on any land, changes the use of land or subdivides
any land contrary to this Act, demolish the structure on the land
without the payment of compensation. (4) A planning authority may, where a person changes the use
of land contrary to its designated use as provided in an integrated
development plan or local area plan approved under this Act, charge
such fees in respect of the changed use as it may determine and
direct that the land be restored to its original use. (5) Where planning permission is granted for a limited period,
no further planning permission shall be required at the end of that
period for the resumption of the purpose for which the land was
lawfully used before the planning permission was granted.

required at the end of that
period for the resumption of the purpose for which the land was
lawfully used before the planning permission was granted.

(6) Where an application for planning permission is for a
specific part of the site in respect of which the application is made,
it shall apply only to that part. (7) The Minister may, by statutory instrument, prescribe—
(a) the type of developments or use of land for which no
planning permission is required for purposes of this Act;
(b) specific requirements for planning permission and
development control in informal settlements where a
local area plan exists; and
(c) major developments to which this Act applies. 50. (1) The Minister may direct a planning authority to refer
an application made to that planning authority for planning
permission, or applications of anyclass specified in the direction, to
the Minister instead of being dealt with by the planning authority,
and the planning authority shall comply with the directive. 66 No. 3 of 2015] The Urban and Regional Planning
Planning
permission
Powers of
Minister on
planning
permission

ority shall comply with the directive. 66 No. 3 of 2015] The Urban and Regional Planning
Planning
permission
Powers of
Minister on
planning
permission

(2) Where an application for planning permission is referred
to the Minister under subsection (1), the Minister shall determine
the application in accordance with the provisions of this Act. (3) Where the Minister, after consultation with a planning
authority, considers that the planning authority has granted planning
permission to any person contrary to the provisions of an approved
development plan, the Minister may, not later than two years from
the date of the granting of the planning permission, direct the planning
authority to cancel the planning permission, and the planning
authority shall comply with the direction. (4) Where any planning permission is cancelled under
subsection (3), the person to whom the planning permission was
granted shall be entitled to claim compensation from the planning
authority in respect of any expenditure incurred by that person in
carrying out the work terminated by the cancellation of the planning
permission and in respect of any other loss or damage which is
directly attributable to the cancellation of the planning permission,
and the planning authority shall pay compensation to that person in
respect of the expenditure, loss or damage. 51.

lation of the planning permission,
and the planning authority shall pay compensation to that person in
respect of the expenditure, loss or damage. 51.

(1) The power to grant planning permission under this Part
includes the power to grant permission for the retention on land of
any buildings or works constructed or carried out on the land before
the date of the application for planning permission, or for the
continuance of any use of land instituted before that date whether
without the planning permission granted under this Part or in
accordance with the planning permission granted for a limited period
only. (2) The planning permission referred to in subsection (1) may
be granted in order to take effect from the date on which the
buildings or works were constructed or carried out, or the use was
instituted, or from the expiration of the specified period. (3) Where planning permission is granted under this Part for
the erection of a building, the grant of planning permission shall
specify the purposes for which the building may be used.

ranted under this Part for
the erection of a building, the grant of planning permission shall
specify the purposes for which the building may be used.

(4) Where planning permission to develop land is granted under
this Part for a limited period only, nothing in this Part shall be
construed as requiring planning permission to be obtained for the
resumption, at the expiration of that period, of the use of the land
for the purpose for which it was normally used before the planning
permission was granted. The Urban and Regional Planning [No. 3 of 2015 67
Effect of
grant of
planning
permission

was normally used before the planning
permission was granted. The Urban and Regional Planning [No. 3 of 2015 67
Effect of
grant of
planning
permission

(5) In determining for the purposes of subsection (4) the
purposes for which land was normally used before the grant of
planning permission, no account shall be taken of any use of the
land begun in contravention of the provisions of this Part. 52. (1) Planning permission for development shall be granted
by way of development permits, subject to such terms, conditions
and limitations as may be specified, for such period as may be
specified and for any part of the site. (2) An application for a development permit shall be made to
the planning authority in the prescribed manner and form upon
payment of the prescribed fee.

An application for a development permit shall be made to
the planning authority in the prescribed manner and form upon
payment of the prescribed fee.

(3) A planning authority shall, in considering an application for
a development permit take into account—
(a) the social and welfare consequences which the
development to be undertaken in terms of the
development permits shall have for the residents of the
district or local authority concerned;
(b) whether the development to be undertaken in terms of
the development permit is likely to create a public
nuisance or annoyance in the area;
(c) the suitability of the premises upon which the development
is to be undertaken relating to the safety health and
planning requirements in respect of accommodation and
sanitary facilities; and
(d) in consultation with the Environmental Agency, whether
the proposed development is likely to have adverse
environmental effects. 53. (1) A planning authority shall, in considering applications
for development permits comply with the planning guidelines
specified under this Act, the integrated development plan and the
local area plan.

cations
for development permits comply with the planning guidelines
specified under this Act, the integrated development plan and the
local area plan.

(2) A planning authority shall not consider an application for the
grant of a development permit for major developments or change
of land use unless the applicant has given at least fourteen days
notice of the applicant’s intention to make the application in
accordance with subsection (3). (3) The notice referred to in subsection (2) shall be made in the
prescribed form and shall be published by a local authority concerned
at its offices, in the public places in its area and on its website for a
period of fourteen days from the date of publication of the notice. 68 No. 3 of 2015] The Urban and Regional Planning
Development
permit
and
application
Consideration
of
application
for
development
permit

f the notice. 68 No. 3 of 2015] The Urban and Regional Planning
Development
permit
and
application
Consideration
of
application
for
development
permit

(4) A planning authority may, when granting a development
permit, impose conditions which—
(a) require the applicant to effect alterations or improvements
to the premises relating to the standard of
accommodation, facilities or amenities, the sanitary or
safety arrangements or any other aspect of public
convenience or health or police supervision of the
premises concerned; or
(b) are necessary or desirable to protect public health and
safety. (5) A planning authority shall, where the grant of a development
permit for the change of land use requires a change to the land use
designation provided for in an integrated development plan or local
area plan, review or amend the integrated development plan or
local area plan in accordance with the provisions of this Act. 54.

lopment plan or local
area plan, review or amend the integrated development plan or
local area plan in accordance with the provisions of this Act. 54.

A person who intends to oppose an application for the
grant of a development permit relating to change of land use or a
major development shall give notice, in writing, of that intention to
the planning authority concerned, specifying in general terms the
grounds of the objection, and including an address at which service
of notice and other documents may be made, not later than thirty
days from the date of the publication of the notice, and unless the
notice of intention is given, the planning authority shall not consider
that objection. 55.

the date of the publication of the notice, and unless the
notice of intention is given, the planning authority shall not consider
that objection. 55.

A planning authority shall, within ninety days of receipt of
an application for a development permit for a major development
or change of land use or within twenty-eight days of receipt of an
application for a development permit for any other development —
(a) grant the applicant a development permit, if the application
meets the requirements of this Act and specify the
conditions attached to the grant;
(b) grant conditional approval to allow the applicant to make
minor adjustment;
(c) defer the application to allow the applicant to submit
additional information or revised plans which the planning
authority considers necessary to enable it to make a
decision; or
(d) reject the application for the development permit and
inform the applicant of the reasons for the rejection
The Urban and Regional Planning [No. 3 of 2015 69
Notice of
intention to
object
Grant or
refusal of
development
permit

f the reasons for the rejection
The Urban and Regional Planning [No. 3 of 2015 69
Notice of
intention to
object
Grant or
refusal of
development
permit

56. (1) A person may apply to a planning authority concerned
for variation of the terms and conditions of the planning permission. (2) A planning authority may, where an application is made
under subsection (1), vary the planning permission or reject the
application. 57. (1) Subject to the other provisions of this section, a planning
authority may amend or revoke planning permission if—
(a) the planning authority has reasonable grounds to believe
that the development permit was obtained through fraud,
misrepresentation, non-disclosure of a material fact or
submission of incorrect information;
(b) the planning permission no longer conforms to the
development plan; or
(c) the amendment or revocation of the planning permission
is necessary in the interest of public safety,
security,peace, welfare or good order.

n; or
(c) the amendment or revocation of the planning permission
is necessary in the interest of public safety,
security,peace, welfare or good order.

(2) A planning authority shall, before amending or revoking a
planning permission in accordance with subsection (1), give written
notice to the holder of the development permit of its intention to
amend or revoke the planning permission and shall—
(a) give the reasons for the intended amendment or revocation;
and
(b) require the holder of the development permit to show
cause, within a period of thirty days, why the planning
permission should not be amended or revoked. (3) A planning authority shall not amend or revoke planning
permission under this section if the holder of the development permit
takes remedial measures to the satisfaction of the planning authority
within the period referred to in subsection (2). (4) A planning authority shall, in making its final determination
on the amendment or revocation of a planning permission, consider
the submissions made by the holder of the development permit
under subsection (2).

n
on the amendment or revocation of a planning permission, consider
the submissions made by the holder of the development permit
under subsection (2).

(5) A planning authority shall amend or revoke a planning
permission if the holder of the development permit, after being
notified under subsection (2), fails to show cause or does not take
any remedial measures to the satisfaction of the planning authority,
within the time specified in that subsection. 70 No. 3 of 2015] The Urban and Regional Planning
Variation of
planning
permission
Amendment
or
revocation
of
planning
permission

in that subsection. 70 No. 3 of 2015] The Urban and Regional Planning
Variation of
planning
permission
Amendment
or
revocation
of
planning
permission

(6) Where a planning permission is revoked, the holder of the
development permit shall cease to be entitled to the rights and
benefits conferred under this Act, with effect from the date of the
revocation and shall return the permit to the planning authority
concerned. (7) A planning authority shall, where it amends or revokes a
planning permission under this section, publish the amendment or
revocation in a daily newspaper of general circulation in Zambia. 58. Public objections to any planning application required under
the provisions of this Act shall be made and dealt with in the
prescribed manner. 59. A person aggrieved with the decision of a planning authority
may appeal, in writing, to the appropriate Planning Appeals Tribunal
within thirty days of the receipt of the decision of the planning
authority. 60. A planning department shall report on all applications for
planning permission granted, the variation of plans and deferred or
rejected applications, once in every quarter of the year to the
planning committee. 61. (1) A planning department shall maintain a register of
planning applications made and planning permissions issued under
this Act.

nning committee. 61. (1) A planning department shall maintain a register of
planning applications made and planning permissions issued under
this Act.

(2) The register shall be available for public inspection on such
terms and conditions as the local authority may determine. PART VII
P LANNING A PPEALS T RIBUNALS
62. (1) The Minister shall, by statutory instrument, constitute
a planning appeals tribunal for each Province of the Republic which
shall determine disputes and hear and determine appeals from the
decisions of planning authorities in the Province. (2) A planning appeals tribunal shall consist of the following
members appointed by the Minister—
(a) a legal practitioner of seven years or more legal experience,
recommended by the Law Association of Zambia, who
shall be the Chairperson;
The Urban and Regional Planning [No. 3 of 2015 71
Public
objection and
consultation
on
planning
applications
Appeal
against
planning
decision
Report to
planning
committee
Register of
planning
applications
and
permissions
Planning
appeals
tribunals

pplications
Appeal
against
planning
decision
Report to
planning
committee
Register of
planning
applications
and
permissions
Planning
appeals
tribunals

(b) a planner of five years or more planning experience,
registered under the Urban and Regional Planners Act,
2011, who shall be the Vice-Chairperson; and
(c) three persons, one of whom shall be a registered land
surveyor by the Surveyors Institute of Zambia. (3) The Minister shall, in the appointment of the members of a
planning appeals tribunal, ensure equitable gender representation. (4) The Minister may, by statutory instrument, provide for—
(a) the tenure of office of members of the planning appeals
tribunals;
(b) the payment of expenses of the planning appeals tribunals;
(c) the payment of allowances to the members, advisers,
assessors and the secretariat to the planning appeals
tribunals; and
(d) any other matter relating to the planning appeals tribunals
and the performance of functions for purposes of this
Act. (5) The Secretary to a planning appeals tribunal shall be a
public officer seconded from the Ministry responsible for urban
and regional planning. (6) A planning appeals tribunal shall have jurisdiction over the
Province for which it is established. (7) A planning appeals tribunal shall convene at least four
sessions per year.

shall have jurisdiction over the
Province for which it is established. (7) A planning appeals tribunal shall convene at least four
sessions per year.

(8) The Chief Justice may, by statutory instrument, make rules
relating to—
(a) the manner and form for lodging of appeals to planning
appeals tribunals;
(b) the mode of summoning persons before a planning appeals
tribunal;
(c) the form and manner of service of summons requiring
the attendance of witnesses and the production of any
book, record, document or other information;
(d) the procedure to be followed and the rules of evidence to
be observed in proceedings;
(e) the records of a planning appeals tribunal;
72 No. 3 of 2015] The Urban and Regional Planning
Act No. 4 of
2011

nce to
be observed in proceedings;
(e) the records of a planning appeals tribunal;
72 No. 3 of 2015] The Urban and Regional Planning
Act No. 4 of
2011

(f) the notification of decisions of a planning appeals tribunal;
(g) the functions of advisers and assessors to a planning
appeals tribunal; and
(h) such other matters necessary for the performance of the
functions of a planning appeals tribunal. 63. An action shall not be brought against any member of, or
assessor or advisor to, a planning appeals tribunal in respect of any
act done or order made in good faith in the execution of the powers
and duties conferred upon the member, advisor or assessor by or
under this Act. PART VIII
P LANNING CONTROLS AND COMPENSATION
64. (1) A local planning authority shall designate planning
inspectors and provide the necessary administrative support and
funding to the planning inspectors to enable the planning inspectors
perform their functions under this Act. (2) A local planning authority may, in addition to the planning
inspectors appointed under subsection (1), appoint suitably qualified
and experienced persons to serve as part-time planning inspectors. 65.

planning
inspectors appointed under subsection (1), appoint suitably qualified
and experienced persons to serve as part-time planning inspectors. 65.

(1) Where a local planning authority determines that
development has been carried out without a grant of permission
under this Act or that the conditions to which a grant of planning
permission for a development permit was made have not been
complied with, the local planning authority shall instruct a planning
inspector to carry out an inspection of the relevant land or buildings. (2) If it appears to a planning inspector that any use of land
should be discontinued, that any condition should be imposed on
the continuation of the use of land or that any building or works
should be altered or removed, the planning inspector may issue an
enforcement notice, in the prescribed manner and form, to the
owner or occupier of the land—
(a) for the discontinuation of the use of the land or the carrying
out of the works on the land;
(b) imposing such conditions as may be specified in the
enforcement notice on the continuation of the land use
or for securing compliance with the condition;
The Urban and Regional Planning [No. 3 of 2015 73
Immunity of
members of
planning
appeals
tribunals
Planning
inspectors
Enforcement
notices
and directions
by planning
inspector

nning [No. 3 of 2015 73
Immunity of
members of
planning
appeals
tribunals
Planning
inspectors
Enforcement
notices
and directions
by planning
inspector

(c) requiring such steps as may be specified to be taken for
the alteration, removal or demolition of all or part of
the building or works; or
(d) requiring the restoration of the land to its condition before
the development took place. (3) An enforcement notice shall take effect from the date of
service of the enforcement notice on the owner or occupier of the
land to which it relates. (4) An owner or occupier of land on whom an enforcement
notice is served who is aggrieved by the enforcement notice may,
within a period of twenty-eight days from the date of service of the
enforcement notice, appeal to the relevant planning appeals tribunal. (5) Where, within the period specified in subsection (4), an
appeal is made to a planning appeals tribunal by a person on whom
the enforcement notice was served, the operation of the enforcement
notice shall be suspended pending the final determination or
withdrawal of the appeal. (6) A planning appeals tribunal shall determine an appeal within
sixty days from the date of receipt of the appeal.

ation or
withdrawal of the appeal. (6) A planning appeals tribunal shall determine an appeal within
sixty days from the date of receipt of the appeal.

(7) Where a planning appeals tribunal fails to make a decision
within the period specified under subsection (6), an appeal shall be
made to the Minister for determination. 66. A planning authority shall maintain a register for
enforcement notices in the prescribed manner, which shall be
available for public inspection at the office of the local authority
during ordinary office hours. 67. (1) A local planning authority may, if an enforcement notice
is not complied with and there is no appeal lodged with a planning
appeals tribunal—
(a) enter on the land and give effect to the enforcement notice;
and
(b) recover, as a civil debt in any court of competent
jurisdiction from the owner or occupier of the land, any
expenses reasonably incurred by the local planning
authority in effecting the enforcement notice. (2) A person who fails to comply with an enforcement notice
commits an offence and is liable, upon conviction, to a fine not
exceeding one hundred thousand penalty units and, in the case of a
continuing offence, to a further fine not exceeding three hundred
penalty units for each day of default of the notice. 74 No.

ts and, in the case of a
continuing offence, to a further fine not exceeding three hundred
penalty units for each day of default of the notice. 74 No.

3 of 2015] The Urban and Regional Planning
Register of
enforcement
notices
Enforcement
and penalties

3 of 2015] The Urban and Regional Planning
Register of
enforcement
notices
Enforcement
and penalties

(3) An enforcement notice shall be discharged upon
compliance with the terms, conditions and requirements specified
in the enforcement notice. 68. (1) A person who suffers damage or loss as a consequence
of an enforcement notice issued pursuant to revoked, amended or
varied planning decision shall be entitled to compensation. (2) When an integrated development plan or a local area plan
takes away an existing right to use the land as confirmed in a legal
instrument, the owner shall be entitled to compensation. 69.

or a local area plan
takes away an existing right to use the land as confirmed in a legal
instrument, the owner shall be entitled to compensation. 69.

(1) Compensation shall not be payable—
(a) in respect of any work carried out before the grant of
planning permission or in respect of any other loss or
damage arising out of anything done or omitted to be
done before the grant of planning permission;
(b) in respect of the refusal of planning permission to develop
land if the reason or one of the reasons stated for the
refusal is that—
(i) the land is physically unsuitable for the proposed
development;
(ii) the development would have adverse effects on
the environment, public health or human life;
or
(iii) the development will not comply with the
integrated development plan or local area plan;
(c) in respect of the refusal of planning permission to develop
land, if the reason or one of the reasons for the refusal
is that the kind of development proposed would be
premature due to the following matters—
(i) the order of priority indicated in the integrated
development plan or local area plan for the area
in which the land is situated; and
(ii) an existing deficiency in the provision of roads,
water supplies, sewerage or other public
services, and the period within which any
deficiency may reasonably be expected to be
made good;
The Urban and Regional Planning [No.

or other public
services, and the period within which any
deficiency may reasonably be expected to be
made good;
The Urban and Regional Planning [No.

3 of 2015 75
Compensation
Non-
compensation
for planning
decisions

3 of 2015 75
Compensation
Non-
compensation
for planning
decisions

(d) in respect of the imposition on the granting of planning
permission to develop land of any condition relating to—
(i) the number or disposition of buildings on any land;
(ii) the dimensions, cost, design, structure or external
appearance of any building or materials to be
used in its construction;
(iii) the manner in which any land is to be laid out for
the purposes of the development, including the
provision of facilities for parking, loading or
fuelling of vehicles on the land;
(iv) the use of any buildings or land;
(v) the location or design of any means of access to
a highway or the materials to be used in the
construction of the highway; and
(vi) the provision of any roads, surface water drainage,
water supply or sewerage treatment or
discharge, including sewage disposal plants;
(e) in respect of any planning decision on an application for
consent for the display of advertisements;
(f) the subdivision of land;
(g) in respect of the refusal to subdivide agricultural land for
agricultural purposes where the refusal is on the ground
that the subdivision would be uneconomic or would render
the holding uneconomic for agricultural purposes;
(h) in respect of the granting of planning permission subject
to conditions to subdivide agricultural land for agricultural
purposes; or
(i) if the applicant submitted incorrect or fraudulent
information in an application for planning permission.

tural land for agricultural
purposes; or
(i) if the applicant submitted incorrect or fraudulent
information in an application for planning permission.

(2) For the purposes of this section, a planning decision where
planning permission to develop land is granted subject to a condition
prohibiting the development of a specified portion of that land shall
be treated as a decision refusing the planning permission in respect
of that portion of the land only. 76 No. 3 of 2015] The Urban and Regional Planning

treated as a decision refusing the planning permission in respect
of that portion of the land only. 76 No. 3 of 2015] The Urban and Regional Planning

70. (1) Compensation shall be payable if the claim for
compensation is made, in writing, in accordance with this section. (2) A claim for compensation shall have effect if it is made
within a period of sixty days from the date of the service of the
notice of the planning decision to which it relates. (3) The Minister or planning authority may require a claimant
to provide the Minister or planning authority with—
(a) evidence in support of the claim;
(b) information regarding the interest of the claimant in the
land to which the claim relates; and
(c) interests of other persons in the land that are known to
the claimant. (4) Compensation payable under this section shall, in default
of determination by agreement, be determined by a planning appeals
tribunal in accordance with such procedures as shall be prescribed. (5) The Minister may, by statutory instrument—
(a) prescribe the form in which claims for compensation shall
be made; and
(b) extend the period for making claims under this Part. PART IX
GENERAL P ROVISIONS
71.

the form in which claims for compensation shall
be made; and
(b) extend the period for making claims under this Part. PART IX
GENERAL P ROVISIONS
71.

(1) A person commits an offence under this Act if that
person—
(a) without lawful authority, uses or occupies any piece or
parcel of land or building in an area to which this Act
applies;
(b) erects any building or structure in any area to which this
Act applies without the prior approval of the planning
authority within whose jurisdiction the land is situated;
or
(c) does or omits to do any act in contravention of any of the
provisions of this Act. (2) A person convicted of an offence under this Act is liable
to a fine not exceeding two hundred thousand penalty units or to
imprisonment for a period not exceeding two years, or to both. The Urban and Regional Planning [No. 3 of 2015 77
Exclusion and
limitation of
compensation
Offences and
penalties

not exceeding two years, or to both. The Urban and Regional Planning [No. 3 of 2015 77
Exclusion and
limitation of
compensation
Offences and
penalties

72. Any notice or order made under this Act shall be in writing
and shall be served on, or given to, the person to whom it is addressed
or shall be sufficiently served if it is left at the last known postal,
residential or business address of the person to be served or if it is
sent by registered post addressed to the person by name at the last
known postal, residential or business address of the person, and in
the last case, the notice or order shall be deemed to have been
received by the person in the ordinary course of registered post
whether it is actually received by that person or not. 73. (1) Subject to the restrictions imposed under subsection
(2), a planning inspector or other person authorised, in writing, by
the Minister or by any planning authority may enter upon any land
or premises, at any reasonable time, with such persons,
vehicles,materials and instruments and do all such acts as are
necessary for, or incidental to, the exercise of the powers conferred,
or the performance of the duties imposed by this Act.

d do all such acts as are
necessary for, or incidental to, the exercise of the powers conferred,
or the performance of the duties imposed by this Act.

(2) The exercise of the rights conferred under subsection (1)
shall be subject to an owner or occupier of the land or premises
who is affected by the exercise of the powers being entitled to
compensation for any damage caused by the persons entering upon
the land or premises pursuant to subsection (1), except that nothing
done by any duly authorised person in the proper execution of that
person’s duties in respect of this section shall make that person
liable to any personal action, liability, claim or demand. (3) A person who hinders or obstructs any person in the
exercise of any of the powers conferred by subsection (1) commits
an offence and is liable, upon conviction, to a fine not exceeding
two hundred thousand penalty units or to imprisonment for a period
not exceeding two years, or to both. 74. (1) The Minister may, by statutory instrument, make
regulations for the better carrying out of the provisions of this Act.

two years, or to both. 74. (1) The Minister may, by statutory instrument, make
regulations for the better carrying out of the provisions of this Act.

(2) Without limiting the generality of subsection (1), regulations
made under that subsection may—
(a) prescribe fees or charges payable in respect of any matter,
provided for, or authorised by, this Act;
(b) prescribe offences and fines not exceeding five hundred
thousand penalty units or imprisonment for a period not
exceeding five years;
78 No. 3 of 2015] The Urban and Regional Planning
Service of
notices and
orders
Right of entry
Regulations

ment for a period not
exceeding five years;
78 No. 3 of 2015] The Urban and Regional Planning
Service of
notices and
orders
Right of entry
Regulations

(c) prescribe the forms for application for development permits
and approvals, registers, notices, orders and other
documents required for the purposes of this Act;
(d) prescribe information to be given and documents delivered
or made for the purposes of this Act;
(e) provide for the procedure for the service of notices, orders
and documents under this Act and the times at which
they shall be taken to have been served;
(f) prescribe the procedure for objections, submissions, reviews
and public enquiries and the making, consideration,
hearing and determination of objections, submissions and
reviews;
(g) prescribe the standards to be met by a local planning
authority for purposes of this Act;
(h) prescribe the operating procedures for local, provincial
and regional planning authorities;
(i) provide for upgrading of informal settlements; and
(j) prescribe the procedures and mechanisms for determining
compensation claims. 75. The Town and Country Planning Act, 1962, and the
Housing (Statutory and Improvement Areas) Act, 1975, are
repealed. 76.

ining
compensation claims. 75. The Town and Country Planning Act, 1962, and the
Housing (Statutory and Improvement Areas) Act, 1975, are
repealed. 76.

(1) Any acts, orders and conditions lawfully done, given
or imposed under the provisions of the Town and Country Planning
Act, the Housing (Statutory and Improvement Areas) Act or under
the provisions of any planning scheme, zoning scheme or zoning
plan prepared under those Acts before the commencement of this
Act shall remain in force and be deemed to have been lawfully
done, given or imposed under this Act, but shall not, in respect of
anything done prior to the commencement of this Act, give rise to
claims for compensation under this Act. (2) An occupancy licence or certificate of title issued under
the Housing (Statutory and Improvement Areas) Act shall be valid
as if issued under this Act. The Urban and Regional Planning [No. 3 of 2015 79
Repeal of
Cap. 283 and
Cap. 194
Savings and
transitional
provisions
Cap. 283
Cap. 194
Cap. 194

80 No. 3 of 2015] The Urban and Regional Planning
Cap. 194
(3) A plan approved in terms of an Improvement Area under
the Housing (Statutory and Improvement Areas) Act shall be
deemed to be a local area plan approved in terms of this Act and
shall, for purposes of this Act, have all the legal consequences of a
local area plan.