LAND USE AND SPATIAL PLANNING ACT, 2016 (ACT 925), SS 110-200

111. Recovery of betterment

Where the provision of a plan, the execution of public works, or a decision or an action of a district planning authority increases the value of a land within a district, the district planning authority shall, in accordance with Regulations made under this Act publish the applicable settlement charges for the area in context in a daily newspaper of national circulation.

112. Determination of claim for compensation

(1) The Land Valuation Division of the Lands Commission shall prescribe the amount of compensation payable to any person under this Act or the amount to be recovered by the District Assembly under this Act.

(2) In making a determination of an amount of compensation payable or the amount to be recovered in any matter under this Act, the Courts shall give consideration to the amount prescribed by the Land Valuation Division of the Lands Commission.

Decentralised Planning System and the General Planning Functions of District Assemblies
113. Permits

(1) A person shall not undertake any physical development of land within a district unless that person has been issued with a permit by the District Assembly within the jurisdiction in which the land is situated.

(2) The Authority shall from time to time prescribe the levels of permits to be issued by a District Assembly.

114. Certification of plans of special buildings

(1) A District Assembly may require the design or plan of specific types of buildings to be prepared or certified by a registered architect or engineer or an architectural draughtsman licensed under an enactment and the layout of the design or plan to be certified by an appropriate planning officer or planner.

(2) Despite subsection (1), a restriction shall not be imposed on a person in relation to the design or signing of the plan of a single storey traditional building with a total floor space of not more than one hundred and twenty square metres.

(3) A person shall not submit to a district planning authority the plan of a building which is required to be submitted under subsection (1) unless the plan has been prepared by or under the supervision of, and is signed by, a person registered as an architect or an engineer under an enactment.

115. Revocation of development permit or imposition of additional conditions

(1) Where a developer does not comply with a development permit or where the development does not comply with the conditions of the permit, a planning authority may revoke the development permit or may impose additional conditions to that permit.

(2) A revocation of a permit or an imposition of additional conditions on a permit may be subject to the payment of a penalty.

116. Fee for permit

(1) A planning authority shall charge a fee for the grant of a permit for a physical development.

(2) Where a person applies for a permit for the change of use of an existing building for the purpose of compliance with an approved local plan, the application shall not be subject to payment of a fee but the District Assembly shall impose a time limit for compliance.

(3) Subject to further guidelines issued by the Authority and despite subsection (2), a fee may be charged if the application for a permit for the purpose of compliance is brought after the time limited for compliance has lapsed.

(4) Subject to guidelines that the Authority, in consultation with the Lands Commission, the Ministers responsible for Local Government and Finance may issue, development charges shall be determined and collected by a District Assembly.

(5) A District Assembly shall allocate part of the funds generated by that district under this section to the performance of planning functions specified under this Act within the district.

117. Prohibition of development without permit

(1) A person shall not carry out physical development within this country unless the development is carried out in accordance with a permit issued under this Act.

(2) A person who carries out any physical development without a permit commits an offence and is liable on summary conviction to a fine of not less than five hundred penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than two years and not more than four years or to both.

118. Unauthorised development

(1) A District Assembly shall comply with the procedure stated in section 119 where

(a) a physical development has been or is being carried out without a permit contrary to this Act; or

(b) the conditions of a permit are not complied with.

(2) Despite subsection (1), a District Assembly may issue an enforcement notice demanding the immediate stoppage of the execution of a development or of works carried out contrary to this Act or to the terms of an approved development plan.

119. Execution of district and spatial development permit

(1) A District Assembly may, for the purpose of enforcing this Act or any other relevant enactment,

(a) prohibit, abate, remove, pull down or alter a physical development

(i) which does not conform to the approved plan, or

(ii) where that action is necessary for the implementation of an approved plan, so as to bring that physical development into conformity with the approved plan; or

(b) prohibit the use of a land or building for a purpose or in a manner contrary to the provision of an approved plan; or

(c) execute a work which is the duty of a person to execute under an approved plan, where delay in the execution of the work has occurred and the efficient operation of the approved plan has been or is likely to be prejudiced.

(2) Before taking action under subsection (1), the District Assembly shall serve notice in the prescribed form on the owner of the land in respect of which the action is proposed to be taken, and on any other person who in its opinion may be affected by the action, specifying the nature of, and the grounds on which the District Assembly proposes to take the action.

120. Abatement of nuisance

(1) Where substantial damage to the environment, public amenities or public health is caused or likely to be caused by nuisance or is likely to result from the action or inaction of a person, a District Assembly may serve notice in the prescribed form on the person responsible for the nuisance, requiring that person to abate the nuisance within the time specified in the notice in accordance with the relevant laws and directives issued by the Environmental Protection Agency.

(2) A notice served under subsection (1) shall specify the nuisance and the steps required to be taken to abate the nuisance.

(3) Where a notice issued under this section is not complied with, a District Assembly may carry out the abatement and recover the costs from the person responsible for the nuisance as if it were a debt due from that person to the District Assembly.

121. Unauthorised development of right of space of community

An authorised officer may, without notice, effect or carry out instant prohibition, abatement, alteration, removal or demolition of an unauthorised development if that breach is creating an environmental nuisance as defined in an enactment relating to the environment or interferes with the use of public right of space.

Buildings
122. Building Regulations, building code and building by-laws

The Minister responsible for Water Resources, Works and Housing shall, in consultation with building industry practitioners, publish a building code defining the scope and standards for buildings and structures and matters related to the structural integrity of buildings.

Physical Planning Standards and Development Guidelines
123. Guidelines and standards

(1) The Authority may, by guidelines and standards issued under this Act, prescribe procedures and forms in respect of

(a) the life cycle and update of plans;

(b) data gathering and update of data;

(c) the planning component of the building regulations;

(d) planning standards;

(e) standard zoning regulations;

(f) spatial plans;

(g) a permit database; and

(h) development applications and permits.

(2) Without limiting subsection (1), the standards shall provide for

(a) submission of application and related activities where there is an approved local plan;

(b) processing of an application by the District Spatial Planning Committee;

(c) submission of an application and related activities where there is an approved structure plan but no local plan;

(d) submission of application and related activities where there is neither an approved structure plan nor a local plan;

(e) matters related to approval and signing of development permits;

(f) matters related to rejection of application;

(g) authorised signatories of approved plans;

(h) local plans and sector plans;

(i) grant of a permit;

(j) sub-division of plots;

(k) re-zoning;

(l) information on development control;

(m) processes related to public and private sector partnership and private sector involvement in planning;

(n) the role and obligation of land owners and developers in the implementation process of frameworks and plans;

(o) the role of planning tribunals and limits on ambit of decisions on planning appeals; and

(p) approval of development generally.

124. Regulatory notices and circulars

Where the context requires, the Authority may issue regulatory notices and circulars in respect of

(a) evidence of approval regarding plans;

(b) compliance by planning authorities with their own plans;

(c) approval of development of major national and regional projects;

(d) approval of plans in special development areas;

(e) approval of special projects including major stadia, resettlement schemes and dams;

(f) approval of development projects including educational institutions, hospitals, offices and factories;

(g) approval for security agencies in respect of core security exclusion zones;

(h) National, Sub-National, Regional, Sub-Regional and District Spatial Development Frameworks;

(i) structure plans and local plans;

(j) consultations between planning entities and between stakeholders;

(k) the power of the Minister and the Authority to give directions in relation to local plans;

(l) local inquiry or hearing in respect of objectives of a plan or scheme;

(m) the procedure for the adoption of planning proposals;

(n) conformity between plans;

(o) certificate of conformity;

(p) alteration of structure plans;

(q) status of existing local plans in cases of conflict between the local plan and structure plan;

(r) joint structure plan and local plan;

(s) the power of the Minister and the Authority to order the review of plans;

(t) publicity;

(u) consultation with stakeholders and requirements in connection with preparation of plans;

(v) the scope of planning framework;

(w) adoption of local area plans;

(x) integration of spatial plans into development plans;

(y) initiation of the planning process; and

(z) powers of District Assemblies to require the construction, at the applicants cost, of offsite infrastructure as a condition for approval of plan.

Provisions Relating to the Issue of Regulatory Notices and Circulars in Respect of Plans and Land Use
125. Matters relating to regulatory notices

(1) The Authority shall establish a system of numbering of notices and shall publish the notices in the Gazette and may in addition publish the notices in a newspaper of national circulation and at other places including public notice boards and town halls.

(2) The Authority shall, in consultation with the Survey and Mapping Division of the Lands Commission, issue guidelines in respect of gridlines and requirements for coordinates based on appropriate systems, and scales of maps for spatial development frameworks, structure plans and local plans.

Spatial Planning Matters Related to Towns, Localities, Special Development Areas and Related Matters
126. Continuation of towns, establishment of new town or extension of existing town

(1) A town may only be declared, established or extended in accordance with the provisions of this Act.

(2) A District Assembly or a person that seeks to establish a new town, shall comply with the procedure prescribed in Regulations made under this Act for the establishment of towns.

(3) The Authority may issue guidelines for the purpose of this section and sections 127 to 138.

(4) Where a District Assembly seeks to establish a new town or extend the boundaries of an existing town or where the President seeks to establish a special town, the following procedure shall be observed:

(a) in the case of establishment by the President, the President shall request the Authority to advise on the measures to be put in place to ensure the attainment of the objectives for the special town;

(b) in the case of establishment by a District Assembly, the District Assembly shall consult the Regional Spatial Planning Committee in respect of the matter to be taken into account in implementing the decision of the District Assembly; and

(c) in the case of establishment by a person, that person shall comply with the provisions of section 127.

127. Housing scheme and private town

(1) A person who intends to develop a housing scheme or create a new town shall

(a) submit to the District Assembly in which the development or the creation is intended to take place, an application to develop a housing scheme or create the town, together with the location and site plans, context and local plans, public services and facilities plan, related written report and other relevant documents as prescribed;

(b) pay to the District Assembly the prescribed fees;

(c) where the land on which the housing scheme is sought to be developed or the town sought to be created is subject to a registered encumbrance, submit to the District Assembly the written consent of the holder of the encumbrance orshow how the encumbrance is to be removed; and

(d) ensure that the proposed housing scheme or town conforms to the applicable spatial development framework.

(2) The District Assembly shall, after it has received the documents referred to in subsection (1)

(a) advertise the application in accordance with the requirement prescribed by Regulations;

(b) invite comments, information, representations or objections from the public in relation to the application;

(c) consider the need for and the desirability of the intended housing scheme or new town; and

(d) consider the plans and proposed conditions of development of the new housing scheme or creation of the new town.

(3) The District Assembly may grant or refuse an application referred to in subsection (2) and may, in the granting of an application, impose conditions that the District Assembly considers appropriate for the development of the housing scheme or creation of the new town.

(4) The decision of the District Assembly shall be made in accordance with Regulations that provide for the application.

(5) Where the District Assembly approves the application, the District Assembly shall

(a) give notice to the applicant, the Director of Survey and Mapping Division of the Lands Commission and the Registrar of Lands by way of a certificate, of the decision of the Authority, including the conditions imposed by the Authority;

(b) cause the proposed housing scheme or town to be surveyed in accordance with the approved local plan and a general plan to be prepared by the applicant; and

(c) give effect to the requirements set out in this section.

(6) Where in the course of the survey, it is found that it is necessary or desirable to vary the approved local plan, the District Assembly may approve the variation but where the variation is in the opinion of the District Assembly of a minor nature, the District Spatial Planning Committee may approve the variation and give notice of the variation to the District Assembly.

128. Extension of a town

A District Assembly which seeks to extend an existing town shall

(a) publish the intention for the extension in accordance with guidelines issued by the Authority and request for any comments, representations or objections from the general public within twenty-one days;

(b) publish the present and proposed extended layout plan, diagrams and other documents required; and

(c) where the land on which the extension is to be carried out is subject to any registered encumbrance indicate that the written consent of the holder of the encumbrance has been obtained.

129. Extension of a town by a private entity

(1) Where a person applies to a District Assembly to extend a town, the procedure under sections 127 and 138 shall be observed and the District Assembly may grant or refuse the application.

(2) The District Assembly may in granting an application under subsection (1) impose relevant conditions in relation to the extension of the town.

130. Information to Regional Spatial Planning Committee

(1) In each case of an application for the development or extension of a housing scheme or the creation or extension of a town, the District Assembly shall inform the Regional Spatial Planning Committee of the decision of the District Assembly.

(2) There shall be a period of thirty days between the date a District Assembly communicates the decision of the District Assembly to the Regional Spatial Planning Committee and when the District Assembly communicates to the applicant.

131. Conflicting application

(1) Where a District Assembly approves an application for the development of a housing scheme or the creation of a new town or where the President on the recommendation of the Authority directs or approves the creation of a new town or special town, the President shall notify the District Assembly.

(2) Where the President approves the creation of a new town or a special town, it shall be subject to the approval of the District Assembly.

(3) A District Assembly shall not in relation to a housing scheme, a new town or a special town issue a permit which is in conflict with the approved plans of the housing scheme or new town or the requirements of the special town.

132. Failure to comply with conditions

(1) Where a person who seeks to establish a new town or extend the boundaries of a town fails to comply with the condition imposed by the District Assembly within a period of twelve months from the date on which the condition was imposed, the District Assembly shall give that person notice of the failure and the application shall lapse after the notice is served on that person.

(2) A person who proceeds, after the notice is served, to establish the new town or extend the boundaries commits an offence and is liable on summary conviction, to a fine of not less than three hundred penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than one year and not more than three years or to both.

(3) Where the District Assembly decides to extend the validity or review the application, a fee shall be paid for the extension or review.

133. Survey in case of establishment or extension

A person who applies to a District Assembly for approval to establish a town or extend the boundaries of a town, shall be given notice by the District Assembly to lodge the plans, diagram or documents for the purposes of survey of the land earmarked for the establishment or extension and failure by that person to submit the plans, diagram or documents within the time specified in the notice shall lead to an immediate lapse of the application.

134. Ownership of public space

The ownership of a public space in a new town or an extension to an existing town vests, from the date of approval by the District Assembly of the plans and diagrams,

(a) in the District Assembly; or

(b) in the owner in trust for the District Assembly if the establishment or extension of the town is by a private person.

135. Guidelines on private town

The Authority may issue further guidelines for the establishment and operation of a private town.

136. Information to Lands Commission for the prohibition of sale

(1) Where a District Assembly approves the establishment or extension of a town or the President prescribes the creation of a special town, notice of the approval of the establishment or extension of the town or notice of the creation of the special town shall be given to the Lands Commission.

(2) A person shall not

(a) enter into an agreement for the sale, trade, alienation or disposal in any other way of a plot of any size, or

(b) grant an option to buy or to obtain land, in a town established or extended under subsection (1), except in accordance with procedures specified in sections 127 and 128 for that purpose.

(3) Subsection (1) does not prohibit a person from buying land on which that person wants to develop a property that is in conformity with the approved local plan for the new town.

(4) An agreement which is in conflict with subsection (2) is void.

(5) A person who contravenes or fails to comply with the provisions of subsection (2) commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than two years and not more than four years or to both.

137. Alteration, amendment or cancellation pursuant to complaint

(1) A person who is opposed to the establishment of a new town or wishes to have the general plan of an approved town or approved extension of a town, amended or totally or partially cancelled shall apply in writing to the District Assembly or in the event that the town cuts across two or more districts within a region, to the Regional Coordinating Council.

(2) The procedure specified in subsection (6) to (9) of section 168 for dealing with complaints applies to this section.

138. Extension of boundaries of approved town or approved extension

Where an area of land, by reason of it being contiguous,

(a) constitutes or becomes a portion of an approved estate, town or an extension of any approved estate or town, or

(b) adjoins an approved estate or town or an approved extension of an estate or town, the District Assembly may, by a certificate to the Director of Survey and Mapping Division of the Lands Commission, extend the boundaries of the estate or town or extension of the estate or town to include that area.

Physical Planning Matters Related to the Subdivision or Consolidation of Land
139. Application for subdivision or consolidation

(1) Subject to the provisions of any other relevant enactment, a person who intends to subdivide or consolidate a parcel of land shall submit an application to the District Spatial Planning Committee requesting for the subdivision or consolidation.

(2) The application shall be accompanied with

(a) an approved local plan of the parcel or parcels of land involved;

(b) the zoning certificate of the land as evidence of compliance with the approved structure plan; and

(c) a plan indicating access road or internal circulatory road system.

140. Unique parcel number

The Physical Planning Department of the District Assembly in consultation with the Lands Commission shall provide a referenced coordinate system which the District Spatial Planning Committee shall use as the basis to provide a unique parcel number for each parcel of land.

141. Consideration of application for subdivision or consolidation

The District Spatial Planning Committee may reject or accept a request for consolidation except that before the Committee accepts a request, the Committee shall

(a) advertise the application in the manner prescribed by Regulations and request for public comments or objections; and

(b) on receipt of an objection to or comment on an application, submit the objections and comments to the person who made the request for a response.

142. Granting or refusal of application for subdivision or consolidation

(1) The District Spatial Planning Committee may grant or refuse an application for subdivision or consolidation.

(2) Where the District Spatial Planning Committee decides to grant the application, it may impose conditions for the subdivision or consolidation as it considers appropriate.

(3) The Authority shall, by guidelines, specify the conditions that have to be complied with before the grant of the application for subdivision or consolidation.

143. Condition for subdivision or consolidation

(1) Where a District Spatial Planning Committee imposes a condition for the subdivision or consolidation of land, the applicant shall comply with the condition before conveying any part of that land.

(2) A person who subdivides or consolidates land or who acquires land which is a subdivision of a larger parcel of land or a consolidated land without complying with this section commits an offence and is liable to pay an administrative penalty specified by the District Assembly or the Lands Commission as the context requires.

(3) The District Spatial Planning Committee shall not approve a subdivision or a consolidation unless it has received a written report from the Survey and Mapping Division of the Lands Commission.

144. Conveyance of consolidated or subdivided land

A conveyance, lease or any other disposal of a subdivided or consolidated land is void unless the conveyance, lease or disposal complies with sections 143, 146 and 148.

145. Ownership and use of public space

(1) A public open space on a subdivided or consolidated land shall, from the date of approval by the District Spatial Planning Committee

(a) vest in the District Assembly; or

(b) be reserved or utilised by the District Assembly for purposes prescribed by Regulations made under this Act or approved in the local plan.

(2) Where land is reserved by the District Assembly, the reservation shall be without the payment of a fee or the burden of an encumbrance but is subject to the payment of applicable compensation to the original owner if

(a) the District Assembly decides not to make it a public space;

(b) the District Assembly changes the zoning in relation to the land to any other use; or

(c) the period prescribed by the Regulations expires.

(3) Where the District Assembly fails to pay compensation within twelve months of the decision in paragraph (a) of subsection (2) or changes the use of the reserved land, the land shall revert to the original owner.

(4) Where the subdivision or consolidation has been approved by a Joint Spatial Planning Committee or by the Authority in the case where the public space is in respect of land which abuts more than one district, the land shall be assigned a unique parcel number by the District Spatial Planning Committee in accordance with the unique parcel numbering system of the District Assembly and the unique parcel number shall constitute the basis of future applications for a licence, Land Use Certificate or permit.

146. Endorsement by the Lands Commission

After the grant of an approval for a subdivision or consolidation, the Lands Commission shall endorse or amend the records at the Lands Registry in respect of that land to reflect the subdivision or consolidation.

147. False or misleading information

A person or district planning authority that intentionally provides false or misleading information in connection with an application made under this Act commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than two years and not more than four years or to both.

Preventive and Enforcement Measures
148. Compliance with this Act

Where the Authority determines that a District Assembly has failed to discharge its duties or exercise its powers satisfactorily in terms of its spatial planning, the Authority may recommend to the Minister responsible for Local Government to

(a) sanction the District Assembly in a manner that the Minister considers appropriate;

(b) instruct the District Assembly to take steps to ensure compliance with the provisions of this Act; or

(c) recover from the District Assembly any amount spent by the Authority in connection with any matter referred to in its recommendation under this section.

149. Offences and penalties

(1) A person who

(a) threatens, resists, hinders or obstructs, or uses foul, insulting or abusive language towards a person who is exercising a power under this Act, or

(b) refuses or fails to answer a question put to that person in the course of the performance by an officer of a function under this Act commits an offence and is liable on summary conviction to a fine of not less than five hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than two years and not more than four years or to both.

(2) A person who is convicted of an offence under this Act and who after the conviction continues with the conduct in respect of which that person has been convicted, commits a further offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than one thousand penalty units for each day that the offence continues or to a term of imprisonment of not less than six months and not more than two years or to both.

150. Preventive measures

(1) The Planning and Building Inspectorate Unit established under this Act, shall take preventive measures to prevent a breach of the provisions of this Act or a deviation from its purposes.

(2) The Authority shall in consultation with the Minister responsible for Local Government make further rules to guide the implementation of this section.

151. Outsourcing of enforcement

(1) Where in the opinion of a District Spatial Planning Committee, part or all of the functions of the enforcement unit is better performed by an agent, the District Assembly may take steps to engage one or more entities on a competitive basis to perform those functions.

(2) An agent appointed under subsection (1) shall only make enforcement recommendations.

152. Register of enforcement notices

(1) Each District Assembly shall maintain an enforcement register and a copy of the register shall always be available at the Public Data Room.

(2) The enforcement register shall contain each notice of enforcement in a manner prescribed in Regulations made under this Act.

153. Enforcement and penalties

Where a person or entity fails to comply with an enforcement notice within the time specified in or under this Act, that person or entity is liable to pay to the relevant District Assembly an administrative penalty of the Ghana Cedi equivalent of two hundred United States Dollars for each day that the person or entity fails to comply after the date specified for compliance has lapsed.

154. Institutional coordination

In carrying out its preventive enforcement measures, the Authority, a Regional Spatial Planning Committee and a District Assembly shall liaise with the relevant agencies needed to ensure compliance.

155. Continuous monitoring

The Authority shall assist District Assemblies to undertake continuous monitoring of compliance with the Act and the attainment of its objectives.

156. Appeal to Authority

A person aggrieved by an enforcement decision may appeal against the decision in accordance with sections 168 to 172.

157. Intervention of the Court

An application to the Court for judicial review shall be in respect of matters of law and not matters of fact relating to planning.

Methods of Enforcement
158. Planning and Building Inspectorate Unit

Each District Assembly shall establish a Planning and Building Inspectorate Unit in accordance with the Local Government Service Act, 2003 (Act 656) and Local Government (Departments of District Assemblies) (Commencement) Instrument, 2009 (L.I. 1961).

159. Functions of planning and building inspector

(1) An officer of the Planning and Building Inspectorate Unit, whether employed by the District Assembly or engaged as an outsourced person, shall monitor physical development to ensure compliance with the approved permits and with the provisions of this Act.

(2) An officer under subsection (1) shall on request by the occupant of the land produce the identification and authorisation of the officer.

160. Enforcement procedures

In carrying out its enforcement functions, a District Assembly may issue

(a) enforcement notices;

(c) stop notices;

(d) orders for discontinuance;

(e) revocation of permits;

(f) certificate of approved land use; and

(g) certificate of habitation.

161. Certificate of habitation

A person shall not use a building for any purpose or permit a building to be used for a public purpose unless a certificate of habitation for that building has been issued by the District Assembly pursuant to the National Building Regulations, 1996 (L.I. 1630).

Special Controls
162. Control of specific matters

(1) A District Assembly shall liaise with the Environmental Protection Agency and other relevant agencies on matters related to enforcement in respect of

(a) trees, gardens and the natural environment; and

(b) the general duty of planning authorities regarding trees.

(2) The Authority shall make rules regarding the following:

(a) tree preservation orders;

(b) tree removal procedures;

(c) compensation for loss or damage caused by reason of orders made by the Authority;

(d) consequences of tree removal; and

(e) trees in conservation areas.

(3) The Authority shall liaise with the relevant Ministry in prescribing enforcement measures regarding

(a) matters related to highways and trunk roads as defined in the Ghana Highway Authority Act, 1997 (Act 540);

(b) matters related to urban roads;

(c) matters related to feeder roads;

(d) matters related to general right of way;

(e) waterways and planning orders made by the Water Resources Commission under the Water Resources Commission Act, 1996 (Act 522), the Community Water and Sanitation Agency and related entities;

(f) matters related to mining areas and the Minerals Commission;

(g) matters related to agriculture and agricultural areas;

(h) matters related to conservation areas including forestry reserves, game and wildlife sanctuary, Ramsar sites, water catchment areas, nature reserves and coastal belts;

(i) standard by-laws on outdoor advertisements;

(j) regulations relating to advertisements;

(k) repayment of expenses for removal of unauthorised advertisements;

(l) enforcement of control over advertisements;

(m) acquisition and appropriation of land for planning and public purposes;

(n) disposal and development of land acquired for planning purposes;

(o) provisions relating to physical development in general public areas belonging to security agencies and areas under the control of security agencies but which are ordinarily accessible to the public and families of security personnel;

(p) laying of fibre optic cables and other utility service cables and lines; and

(q) public bodies which are service providers including

(i) the Ghana Civil Aviation Authority;

(ii) the Ghana Post and various post offices;

(iii) the Ghana Railway Development Authority;

(iv) the Environmental Protection Agency;

(v) the Water Resources Commission;

(vi) the Ghana Highway Authority;

(vii) the Ghana Airport Company Limited;

(viii) the Ghana Ports and Harbours Authority;

(ix) the Ghana Maritime Authority;

(x) the Fisheries Commission;

(xi) the Ghana Water Company Limited;

(xii) oil, petroleum and gas transportation entities;

(xiii) hydro and other power generating entities;

(xiv) authorised distributors or transmitters of electricity; and

(xv) mast installers and telecommunication operators.

163. Rectification of contradiction

(1) Where a building or a part of a building has been erected or is used in contravention of this Act, the District Assembly shall give notice to the person responsible for the building directing that person to take the required remedial action before the date specified in the notice which date shall not be more than twelve months after the date of the notice.

(2) Despite subsection (1), the District Assembly may, in exceptional circumstances, extend the date pursuant to a written application by the person concerned.

(3) Where the person responsible for the building fails to comply with the notice, the District Assembly shall take appropriate enforcement measures as prescribed by the Regulations and Guidelines.

(4) A person who is dissatisfied with an enforcement measure taken by the District Assembly under subsection (3) may appeal to the Regional Coordinating Council.

164. Right of entry to premises

(1) An authorised officer of a planning entity may, at a reasonable time, enter land or a building to conduct an inspection, a survey, study, an examination or investigation necessary for the performance of the functions of the planning entity under this Act or to abate a nuisance, prevent a breach or carry out an enforcement pursuant to the provisions of this Act.

(2) A survey or investigation in subsection (1) includes the taking of photographs.

(3) The authorised officer of a planning entity shall, before exercising the power under subsection (1), give three days’ notice to the owner or occupier.

(4) The authorised officer of a planning entity shall, on request by the occupant of the land or building, produce the authorisation.

(5) Despite subsection (3), an authorised officer may enter any land or building without notice in order to carry out the functions specified under section 121.

165. Immunity of officer from liability

(1) An employee of a District Assembly or a person acting on the authority of a District Assembly is not personally liable for an act done in good faith in the performance of a function or the execution of a duty under this Act.

(2) In the performance of its functions under this Act, a District Assembly is, in addition to the provisions of this Act, subject to conditions imposed in regulatory notices and administrative instructions issued by the Authority in accordance with this Act.

(3) The District Chief Executive or a person to whom responsibility is delegated in accordance with this Act is responsible and accountable for an action taken in pursuance of the responsibilities under this Act.

166. Penalty for obstruction

A person who obstructs an officer of the District Assembly or the Authority from performing the functions under this Act commits an offence and is liable on summary conviction to a fine of not less than three hundred penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than one year and not more than three years or to both.

167. Acquisition of land

(1) A District Assembly may, on its own accord or at the request of the Regional Spatial Planning Committee, the District Spatial Planning Committee or the Regional Coordinating Council in the case of joint District Assemblies, negotiate with the owner of land and acquire, at the cost of the District Assembly, land or buildings where the acquisition is necessary for enforcing the provisions of this Act.

(2) Where a District Assembly is unable to purchase a land or a building required under subsection (1), the land or building may be acquired under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the district.

(3) A land or a building acquired under this section shall be used only for, or in connection with the scheme for which that land or building was acquired and a failure to use the land or building for the purpose for which it was acquired entitles the original owner to be given the option to acquire the land back at a concessionary value to be determined by the Land Valuation Division of the Lands Commission.

Complaints, Appeals and Review Process
168. Right to review

(1) A person may lodge a complaint, make an appeal or seek a review under this Act if that person

(a) has suffered or is likely to suffer a loss or damage as a result of an action taken by the Authority, Regional Spatial Planning Committee, District Assembly or an entity or person under this Act or as a result of a breach of this Act by another person or entity;

(b) has grounds to believe that a right or privilege that that person is entitled to under this Act has been infringed on;

(c) has reason to believe that there has been a breach of this Act by a person or entity;

(d) seeks to enforce this Act or to compel another person or a public entity to comply with this Act; or

(e) feels dissatisfied with a decision of a planning authority under this Act or the decision arrived at after an earlier complaint or review.

(2) A person entitled to lodge a complaint under this Act may seek a review from the District Assembly, the Regional Coordinating Council or the Authority as appropriate.

(3) Where a person seeks to compel a planning authority to comply with this Act, the person may lodge a complaint to a higher planning authority or to the courts.

(4) A complaint or request for review shall not be entertained unless

(a) the complaint or request is submitted in writing;

(b) the particulars of the person submitting the request or complaint and the means by which that person can be reached is stated in the complaint or request;

(c) the nature of the complaint or grievance is stated and, where applicable, the part of the planning process from which the complaint arose is specified;

(d) the person submitting the complaint or seeking for review has supplied relevant evidence in support; and

(e) the person aggrieved by a decision or action of a Spatial Planning Committee lodges the complaint or appeal to the District Planning Authority within three months after receipt of the notice of decision or action.

(5) A complaint or appeal shall

(a) in respect of complaints to the Authority, be submitted to the Chief Executive Officer of the Authority;

(b) in respect of complaints or appeals to the Regional Coordination Council, be submitted to the Regional Coordinating Director of the Regional Coordinating Council; and

(c) in respect of complaints to a District Assembly, be submitted to the District Coordinating Director of the District Assembly.

(6) Where a complaint is submitted to

(a) the District Chief Executive, the District Chief Executive shall constitute a five member committee and refer the complaint to the committee;

(b) the Regional Coordinating Council, the Regional Coordinating Director shall refer the complaint to a sub-committee of the Regional Spatial Planning Committee; and

(c) the District Assembly, the District Coordinating Director shall refer the complaint to the Technical Sub-Committee of the District Spatial Planning Committee.

(7) The findings of the Committee shall be submitted to the

(a) Board in the case of the Authority;

(b) Regional Coordinating Council in the case of the Regional Spatial Planning Committee; and

(c) District Chief Executive of the District Assembly in the case of the District Assembly for a final decision to be taken by the District Assembly.

(8) A decision shall be communicated not later than twenty-one days after the receipt of the complaint.

(9) The decision shall be in writing and shall state

(a) the reasons for the decision;

(b) whether the complaint is upheld in whole or in part; and

(c) where applicable indicate the corrective measures that are to be taken.

(10) A person who is dissatisfied with the decision of the District Assembly may further appeal to the Regional Coordinating Council.

169. Suspension of planning process

(1) Except in the case of an emergency, a District Assembly that receives a complaint other than a request for a review of a previous decision in respect of a complaint, shall immediately suspend any decisions and investigate the complaint.

(2) The Authority may make rules to regulate complaints and reviews and the rules shall be consistent with the laws that regulate administrative procedures.

170. Record of all decisions

Each District Assembly shall keep a record of its decisions and the reasons for the decisions and a copy of the decision and the reason shall be kept and be made available at the Public Data Room of the District Assembly.

171. Time for complaints

A complaint shall be lodged not later than thirty days after the decision concerned has been made known or otherwise brought to the notice of the complainant.

Appeal process

(1) Except as otherwise specified under this Act, a complaint or an appeal shall in the first instance be made to the body or entity against whom the complaint or appeal is made before an appeal is made in accordance with this Act.

(2) An appeal in all instances shall be lodged within thirty days after the decision being complained of was made known or was otherwise brought to the notice of the appellant.

(3) A decision arrived at on appeal is conclusive as to fact and is binding on the appellant or district authority concerned.

(4) A decision of the Regional Coordinating Council or the Authority in respect of an appeal is subject to review by the High Court except that no court shall make a decision regarding a matter of fact in respect planning of physical development.

General Provisions
173. Conduct of public officials and their representatives

(1) A public officer who performs a planning function shall

(a) perform that function impartially so as to ensure fairness, equity and justice and shall not use personal relationships or private grievance as the basis for any decision;

(b) take the public interest into account and act in accordance with the object and procedures of this Act; and

(c) avoid conflict of interest and the appearance of conflicts of interest, in the performance of that function and shall immediately disclose any conflict of interest and request to be recused in a matter that involves a conflict of interest.

(2) The Minister may, by legislative instrument, provide for a code of conduct for the purposes of this Act.

174. Public consultation

(1) The procedure for public consultation conducted by a District Assembly for the purposes of this Act shall be in accordance with this section.

(2) The District Assembly shall make the draft spatial development framework, structure plan and local plan available for public consultation for a period of not less than four weeks.

(3) In furtherance of subsection (2), the District Assembly shall

(a) make the plan available at the Public Data Room;

(b) publish the consultation procedure in a newspaper of national circulation;

(c) inform the public by posting of notices at the premises of the District Assembly and by publication on the official website of the District Assembly or by any other means, where and how opinions, objections and submissions may be lodged;

(d) invite designated stakeholders to submit opinions and objections;

(e) arrange public meetings and hearings;

(f) arrange for poster sessions in public institutions; and

(g) receive and record opinions and objections as part of the adoption procedure.

(4) The District Assembly shall make available to the public for a period of not less than four weeks the decision of the Assembly to adopt the plan.

(5) In furtherance of subsection (4), the District Assembly shall

(a) make available at the Public Data Room the notice of the decision to adopt the plan and publish the decision in a newspaper of national circulation and in the Gazette;

(b) provide a statement on

(i) how and the extent to which submissions from the public have been taken into consideration in the adoption of the plans; and

(ii) the degree to which the Strategic Environmental Assessment report has been taken into consideration during the adoption of the plan; and

(c) provide the details of

(i) how the significant environmental impacts of the plan will be monitored during the planning period; and

(ii) how and to which Authority a complaint against the decision to adopt the plan may be made including the details of the deadline for submitting a complaint.

(6) The Authority may issue further guidelines in respect of public consultation.

(7) In addition to the methods for public notification specified under this section, a District Assembly may employ other methods of giving notice to the public including announcements at places that are appropriate for the purpose of giving notice.

175. Public participation

A person responsible for the preparation of a plan shall ensure that stakeholders are consulted in accordance with the procedure prescribed in the Regulations and Guidelines.

176. Records

The Authority, the Regional Coordinating Council and each District Assembly shall keep written records of planning decisions together with supporting documents including

(a) maps;

(b) layouts;

(c) minutes of meetings;

(d) a record of decisions on each application and reasons for decisions;

(e) records of site visits;

(f) statistical analysis;

(g) records of public consultation; and

(h) other relevant records.

177. Public records

(1) Records specified in this Act to be made available to the public on demand shall be made available at the Public Data Room of the District Assembly for inspection within normal working hours by members of the general public.

(2) A public official who prevents a person from having access to public information relating to planning under this Act may be sanctioned by the appropriate authority.

(3) A person who seeks to make copies of public records on planning shall bear the cost of the copies and pay the appropriate fee prescribed by the Authority.

(4) This section is subject to any other law on access to information.

178. Power to obtain information

(1) A planning entity may, in the performance of its functions under this Act and subject to any law on right to information,

(a) by notice in writing, require a person to provide information in the form and manner and within the time specified in the notice, where the planning entity considers the information necessary for the purpose of ensuring compliance with this Act or for the determination of a matter under this Act; or

(b) interview a person and request that person to provide particulars that the planning entity may require.

(2) The notice shall contain a general statement of the purpose for which the information is required.

(3) A person who

(a) fails to provide information requested by a planning entity within the time specified in the notice or by the planning entity where extension of time is granted,

(b) knowingly provides misleading or false information or materials, or

(c) willfully obstructs the work of a planning entity or an officer, agent or employee of the planning entity in the performance of any of the functions of the planning entity commits an offence and is liable on summary conviction to a fine of not less than one hundred and fifty penalty units and not more than three hundred penalty units or to a term of imprisonment of not less than one year and not more than two years or to both.

179. Confidentiality and prohibition of disclosure of information

(1) An official of the Authority, the Regional Spatial Planning Committee, the District Spatial Planning Committee or any other planning entity commits an offence if that officer

(a) discloses any data or information obtained under section 176 to a person not authorised to receive the information; or

(b) uses data or information obtained under section 176 directly or indirectly for commercial purposes including speculating in any stock, bond or other security.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine of not less than five hundred penalty units and not more than two thousand penalty units or to a term of imprisonment of not less than two years and not more than four years or to both.

180. Provision of information by District Assembly to Authority

Each District Assembly shall, within the period stated in this Act, provide the Authority with information that the Authority may in writing require.

181. General offences

Except as otherwise specified in this Act, a person who commits an offence under this Act, is liable on summary conviction to a fine of not less than three hundred penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than one year and not more than three years or to both.

182. Inter-sectoral collaboration for effective planning

(1) A public sector agency, whether or not, it is represented on any of the entities created under this Act, shall cooperate with the Authority, a Regional Coordinating Council or a District Assembly and other agencies for the purpose of ensuring compliance with this Act.

(2) For the purpose of subsection (1), a public sector agency includes the Ministry of Local Government and Rural Development, the Ghana Highway Authority, a District Assembly, the Lands Commission, the Forestry Commission, the Ministry of Food and Agriculture, the Ministry of Environment, Science, Technology and Innovation, the Ministry of Health, the National Development Planning Commission, the Environmental Protection Agency and any other agency that plays a role in human settlement and spatial planning.

183. Register and index of notices

The Authority shall prescribe an index and a register to be kept of all notices issued by various planning authorities under this Act.

184. Effect of notice

The issue of a notice in accordance with this Act and Regulations and guidelines made under this Act is sufficient evidence that the attention of the person affected by the notice has been drawn to the contents of the notice.

184. Levels of operation of the Authority

(1) The Authority shall operate as a national level authority.

(2) The Authority shall operate regional offices to take instructions from the Authority, to implement the decisions of the Authority and to provide a feedback from the sub-national level to the Authority.

(3) The regional offices of the Authority shall serve as the Secretariat for the Regional Spatial Planning Committee.

(4) The Physical Planning Department at the district level shall be part of the District Assembly in line with the Local Government Service Act, 1993 (Act 656).

(5) The Physical Planning Department shall be the Secretariat for the District Spatial Planning Committee.

(6) The Physical Planning Department shall perform spatial planning functions and provide feedback, data and information to the Authority through the Regional Spatial Planning Committee.

186. Implementation of planning system

To facilitate the implementation of this Act, the Authority may prescribe a time frame for District Assemblies to comply with various requirements of this Act including

(a) the preparation of

(i) a District Spatial Development Framework;

(ii) a structure plan;

(iii) a local plan;

(iv) utility mapping and planning; and

(v) street address;

(b) the development of unique parcel numbering;

(c) conformity with permit procedures;

(d) regular data gathering and updates for planning purposes; and

(e) the formulation of the

(i) National Spatial Development Framework;

(ii) Regional Spatial Development Framework;

(iii) Sub-Regional and Multi-Regional Spatial Development Framework; and

(iv) guidelines for the update of the matters provided for within this section.

187. Form of regulatory notices and circulars

The form of regulatory notices and circulars shall be prescribed by Regulations.

Regional and District Guidelines
188. Regional and district guidelines

Subject to a request by a Regional Coordinating Council, the Authority may, in consultation with the Minister, publish guidelines specific to each region and district regarding planning standards or zoning regulations and in that regard shall take account of specific variations relating to climate, established traditions or customs where appropriate.

189. Furnishing of comment and information

A person who is required to furnish a planning entity, District Spatial Planning Committee or an authorised officer, as the case may be, with a comment or information under this Act shall furnish that comment or information within a period of thirty days from the date on which the comment or other information was requested.

190. Immunity of officer of the Authority or the Regional Coordinating Council from liability

An employee of the Authority, a Regional Coordinating Council or a person acting under the authority of the Authority or a Regional Coordinating Council is not personally liable for an act done in good faith in the performance of a function or the execution of a duty under this Act.

191. By-laws

A District Assembly may make by-laws that affect physical development under this Act.

192. Application of Act to public entities

Except as may be otherwise specified in Regulations made by the Minister under this Act, this Act shall be fully complied with by public entities in respect of the matters provided for in this Act.

193. Scope of the planning decisions by the court

(1) Despite the power of the courts to hear matters of law and procedure under the complaint process under this Act, a court shall not order the carrying out of physical development on any land in any part of the country unless the order is for the purposes of enforcing the carrying out of physical development approved by the District Assembly, Regional Spatial Planning Committee or the Authority.

(2) A court may award damages to a person who in the view of the court has suffered a loss as a result of the decision on planning or physical development by the District Assembly, Regional Spatial Planning Committee or the Authority.

194. Requirement for the regular collection of development and land use data

The Authority shall publish guidelines requiring all District Assemblies and Regional Coordinating Councils to collect data on a regular basis to provide input for the various requirements of this Act including input for the National Spatial Development Framework, Regional Spatial Development Framework, structure plans and local plans.

195. Promotion and regulation of the practice of planning

For the purposes of ensuring that persons with adequate technical expertise perform relevant land use and spatial planning functions and to enhance the continuous development of professional knowledge related to physical development planning, the Minister shall, in consultation with relevant stakeholders promote the promulgation of an Act of Parliament for the establishment of a body to regulate the practice of the physical planning profession in particular and the profession of planning generally.

196. Exercise of Spatial Planning functions by District Assemblies

(1) Part II of the Local Government Act, 1993 (Act 462) is repealed in accordance with the Schedule.

(2) Despite subsection (1), a District Assembly shall continue to perform the spatial planning functions assigned to the District Assembly under Part II of the Local Government Act, 1993 (Act 462) but shall do so in accordance with the provisions of this Act.

Miscellaneous
197. Regulations, guidelines, manuals and detailed instructions

(1) The Authority may issue further guidelines, procedures, manuals and relevant documents to give effect to this Act.

(2) The Authority may recommend Regulations to be issued by the Minister for the purpose of attaining the objects of this Act.

(3) For the purposes of this Act, and in furtherance of this section, the Regulations, guidelines, policies, circulars, manuals and other documents issued under this Act may provide for

(a) permitting standards and procedures;

(b) the preparation and submission of plans for permits;

(c) the manner of publication of notices in relation to matters in this Act which require notice;

(d) matters relating to zoning and depressed settlements;

(e) site requirements;

(f) site coverage of buildings;

(g) projections beyond building lines including erfs;

(h) orientation, building lines and improvement lines;

(i) boundary lines;

(j) building at street corners;

(k) dimensions, heights and space of rooms and areas in dwelling units;

(l) planning standards;

(m) zoning and re-zoning;

(n) variation of planning standards;

(o) planning in respect of heritage and listed building;

(p) procedure for considering appeals;

(q) procedure for public consultations; and

(r) structural repairs.

(4) The Authority may by guidelines, prescribe a revision, redraft, modification or amendment of the contents and format of

(a) a spatial development framework;

(b) a structure plan;

(c) a zoning scheme; and

(d) a local plan.

(5) In addition to subsection (3), the Minister may, by legislative instrument, make Regulations to prescribe for

(a) fees to be charged under this Act;

(b) the procedure for the preparation of a structure plan;

(c) the procedure for the update of a zoning scheme;

(d) the procedure for re-zoning;

(e) the forms to be used under this Act;

(f) the procedure for the lodging of an appeal or a complaint;

(g) the acquisition of a conditional or unconditional permit;

(h) the standards applicable to urban and non-urban land use;

(i) spatial planning matters;

(j) the procedure for subdivision or consolidation of land; and

(k) the effective implementation of this Act.

198. Interpretation

In this Act, unless the context otherwise requires, 

“administrative boundaries” has the meaning as assigned in the Local Government Act, 1993 (Act 462) and refers to an area over which a specified administrative authority including a Unit Committee, Area Council, Urban Council, Sub Metro, District Assembly, Regional Coordinating Council or National Authority is vested with oversight authority;

“approved District Development Plan” has the assigned meaning in section 21 of the National Development Planning (System) Act, 1994 (Act 480);

“Authority” means the Land Use and Spatial Planning Authority established under section 2;

“betterment” means the monetary compensation that in the opinion of a District Assembly is payable because of the increase in the value of land or property arising from improvements carried out by a public entity;

“blighted area or property” means an area or property that, in the opinion of the planning authority, requires development or upgrade in order to bring the area or property to the standard of surrounding or adjoining development or community in which or near which the property is located;

“Board” means the governing board of the Land Use and Spatial Planning Authority established section 5;

“building” means a structure or part of a structure and related drains, sewers, pipes and works regulated in this Act and the National Building Regulations, 1996 (L.I. 1630);

“building permit” means a written permission granted by a District Assembly under this Act and the applicable Building Regulations which sets out conditions for the construction of a building or a structure or the execution of works on a proposed building;

“built environment professional” means a practising professional in the area of physical development;

“community” means a group of households who refer to their defined settlement or administrative area by the same name;

“community right of space” includes a road, street, footpath, pavement, passenger terminal, parking area, any public right of way, school ground, hospital ground, open space, cemetery, playing field, square, durbar ground, market place, public place of assembly, or any space or ground or area for public or community use that exist or is so designated in an approved structure or local plan or under the provision of any law;

“consolidation” means the joining of otherwise separate parcels of land or plots so as to incorporate the separate components in one whole property with clearly defined boundaries;

“database” means a structured collection of records or data for the purposes prescribed under sections 4 (x) and 123(1)(g);

“development permit” means a permit authorising a person to carry out development in accordance with the conditions specified in the permit;

“district” means the area of authority of a District Assembly, a Municipal Assembly and a Metropolitan Assembly as defined under section 162 of the Local Government Act, 1993 (Act 462);

“District Assembly” includes a Municipal Assembly and a Metropolitan Assembly;

“District Spatial Development Framework” means the spatial strategy and indicative plan for achieving defined social, economic and environmental policies and which comprises among others, the location of key components of the strategy aimed at achieving the desired development in the area of authority of a District Assembly;

“District Development Plan” means a consolidated plan of the economic, social, spatial, environmental, sectoral and human settlement and the policies of a district in respect of them which are duly approved by the National Development Planning Commission;

“District Spatial Planning Committee” means a committee of a District Assembly is constituted in accordance with section 37 to perform the functions of preparation of district and local plans and approve development and building permits and other functions spelt out under this Act and in the Regulations;

“erf” means a portion of land smaller than a minimum plot for a building and usually bounded on one side by a fence line, access, a waterbody or anything as a result of which a building cannot be erected on that portion of land;

“fence line” means a line determined by the planning authority for the purpose of defining the boundaries of a plot;

“Fund” means the Land Use Planning and Development Fund established under section 21;

“infrastructure” includes transportation links and other key features for managing the effects of development;

“joint development plan” means a detailed plan of any contiguous area whose special physical or social economic characteristics necessitate it being considered as a single unit for the purpose of development and that has been designated by the National Development Planning Commission as a joint development planning area;

“land use management” means the system of legal requirements, regulations and guidelines that apply to the use of land in order to achieve the objectives of this Act for the built environment;

“land use plan or planning scheme” means a plan which proposes the disposition of land by function and purpose, including land for which the purpose is yet to be defined or which is to be preserved in its present state, to meet the present and future identified community needs within the time frame for which the plan is valid;

local plan” means a detailed plan which proposes a dimensionally accurate disposition of parcels of land by function and purpose to meet the present and future identified community needs within the time frame for which the plan is valid;

local planning authority” or “district planning authority” means a District Assembly;

marine space” means the jurisdiction of the maritime waters of Ghana extending up to two hundred nautical miles from the shorelines of Ghana as prescribed by the United Nations Convention on the Law of the Sea, (UNCLOS);

Minister” means the Minister responsible for town planning;

National Development Plan” means a consolidated plan of the economic, social, spatial, environmental, sectoral and institutional issues and policies of this country;

National Spatial Development Framework” means the spatial strategy and indicative plan for achieving defined social, economic and environmental policies and which comprise the location of key components of the strategy aimed at achieving the desired development of the entire territory of this country;

neighbourhood” means a geographically localised community located within a larger community administrative area in the nature of a city, town or suburb;

parcel” means an extended area of land which can be used for several purposes;

physical development” means the carrying out of building, engineering, mining or other operations on, in, under or over land or the material change in the existing use of land or building comprising among others the sub-division of land, the disposal of waste on land including the discharge of effluent into a body of still or running water and the erection of an advertisement or other hoarding among others;

planning authority” includes a district planning authority at the district level, a Regional Coordinating Council at regional level and any other body designated by the Authority to carry out a development planning function;

planning entity” means the Authority, Regional Coordinating Council, Metropolitan, Municipal and District Assemblies, Ministries, Departments and Agencies and Special Development Authorities;

planning standards” means the standards approved by the Authority for the development of land and comprising among others, the type of permissible development, density of development, plot coverage, building heights, setbacks from the road and surrounding buildings, accessibility, width of roads and open space requirements;

plot” means an area of land that has been measured and considered as a unit for a particular purpose;

public space” means a generally open area accessible to and used by the public including resource lands, urban utility space, riparian buffer zones, natural park areas, forests, urban parks, recreational areas, infrastructure right of way, areas of cultural or historical interests;

region” means a specified political and administrative territory with assigned boundaries recognised under the 1992 Constitution of the Republic of Ghana or otherwise created under article 5 of the 1992 Constitution of the Republic of Ghana;

Regional Development Plan” means a detailed plan of the economic, social, spatial, environmental, sectoral and human settlement issues and policies of a region approved by the National Development Planning Commission;

Regional Spatial Development Framework” means the spatial strategy and indicative plan for achieving defined social, economic and environmental policies comprise among others the location of key components of the strategy aimed at achieving the desired development within a specified region of the country and where applicable a joint development framework;

right of way” has the same meaning as community right of space;

rural area” means an area other than an urban area and which is generally characterised by low population density and does not possess the human settlement characteristics of an urban area;

settlement” means a permanent or temporary community in which people live, without being specific as to size, population, importance or hierarchy;

Spatial Development Framework” means the spatial strategy and indicative plan for achieving defined social, economic and environmental policies and which comprise among others the location of key components of the strategy aimed at achieving the desired development and where applicable a joint development framework;

strategic planning” means the determination of the steps required to reach an objective that makes the best use of available resources;

structure plan” means a statutory long term framework used to guide and define the development, redevelopment and land use patterns of a town or city or a particular area;

Technical Sub-Committee” means the committee of a District Assembly constituted in accordance with section 39 to perform the functions spelt out under this Act and in the Regulations including the preparation of district and local plans and approved development and building permits;

title to land” means legal proof of ownership of real property;

town” shall have the meaning as prescribed from time to time by the Authority and may include such settlements as an estate;

town planning scheme” as used under the Town and Country Planning Ordinance, 1945 (Cap 84) and the Towns Act, 1951 (Cap 86) has the same meaning as local plan in this Act;

traditional council” means a house of chiefs or a council or body established or recognised by customary law;

Unit Area” means the smallest established administrative area within a District Assembly in accordance with the Local Government Act, 1993 (Act 462);

Unique Parcel Number” means the computer generated number based on a system of identifying coordinates provided by the Survey and Mapping Division of the Lands Commission, assigned to each parcel of land or consolidated land by the District Spatial Planning Committee by virtue of its powers under section 140;

urban area” means an area officially declared as an urban area under this Act or generally considered a built up area characterised by higher population density and diverse human settlement;

urban regeneration” means a process of reviving the local economy, invigorating the community and improving the natural and urban environment through an integrated programme of restoration of building and redevelopment of land and related infrastructure as well as complementary social and economic programmes and projects;

wayleaves” means any right of way or other similar right over any land which permits entry onto any land for the purpose of the construction, installation and maintenance of works for a public utility in the public interest on the authority of an Executive Instrument issued by the President under the Lands (Statutory Wayleaves) Act, 1963 (Act 186);

zone” means an area in any region, district or town that has been prescribed as a zone pursuant to a spatial planning framework structure or local plan and has been given restrictions as building type or size, land use or permitted activity;

zoning map” means a map approved by the Authority that shows the various approved zoning within a structure plan or any area or a part of a territory of Ghana;

zoning Regulations” means Regulations passed under this Act by the Authority that relates to the use to which land within any part of the country, a region or district may be put; and

zoning scheme” means a scheme of a zone.

199. Repeals and savings

(1) The laws referred to in the Schedule to this Act, are subject to subsection (2) repealed, amended or otherwise affected to the extent referred to in the Schedule.

(2) Anything made or prescribed or done under any law repealed by subsection (1), including Regulations and having the force of law immediately before the commencement of this Act shall continue to be valid and remain in force as far as it is consistent with this Act, until it is altered or revoked under this Act.

200. Transitional provisions

(1) The Town and Country Planning Department established under the Town and Country Planning Act, 1945 (Cap 84) and in existence immediately before the coming into force of this Act, shall continue to be in existence until otherwise dissolved in accordance with subsection (2).

(2) The President shall not later than sixty days after the coming into force of this Act constitute the Board of the Authority and issue an Executive Instrument that the Town and Country Planning Department referred to under subsection (1) has ceased to exist from the date of the Executive Instrument.

(3) Staff of the Town and Country Planning Department referred to in subsection (1), except those otherwise transferred in accordance with the rules of the public service shall be deemed to have been transferred to the Authority immediately after the Executive Instrument comes into force.

(4) A property owned by the Town and Country Planning Department shall, upon the coming into force of this Act, be deemed to be the property of the Authority.

(5) A disposal, net accrual, income or royalty received from the property shall be lodged into the Fund for the exclusive use of the Authority.

(6) A planning authority that has an application for permit pending before it before the commencement of this Act shall process the application within six months after the commencement of this Act.

(7) Where the District Spatial Planning Committee is unable to process a pending application because the applicant is unable to satisfy a condition or supply relevant information, the application shall lapse at the end of the sixth months.

(8) An application which has lapsed may be processed only if an application for renewal is submitted and the applicable fee is paid.

(9) An applicant whose application lapses may submit a fresh application.

(10) The following actions required to be taken in connection with this Act shall be taken after the commencement of this Act, within the time specified:

(a) the establishment of Regional Spatial Planning Committee by the Regional Coordinating Council in consultation with the Minister responsible for Local Government under section 26, within one hundred and twenty days after the constitution of the Board of the Authority;

(b) the inauguration of the District Spatial Planning Committee and the Technical Sub-Committee by the Regional Minister under sections 37 (2) and 39 (1), within ninety days;

(c) the establishment of a permanent Public Data Room by each District Assembly under section 47 (1), within sixty days; and

(d) the publication of register of approved or adopted zoning or local plans already in effect in districts by each Regional Coordinating Council after consultation with the Regional Spatial Committee and District Assemblies in the region under section 91 (1), within twenty-four months.

(11) Except as otherwise determined by the Authority, where before the commencement of this Act,

(a) a District Assembly had adopted a zoning scheme which was prepared in a accordance with the Towns Act, 1951 (Cap 86); or

(b) a zoning scheme had been approved by the head office of the Town and Country Planning Department in accordance with the Town and Country Planning Ordinance, 1945 (Cap. 84) the zoning scheme shall continue to be the applicable zoning scheme for a period of five years after the commencement of this Act.

(12) Except as otherwise directed by the Authority in writing, an approved zoning scheme or local plan under subsection (1) is the zoning scheme for the purpose of this Act including the determination of land use rights.

(13) A town which exists before the commencement of this Act shall continue to be a town within the meaning and scope of this Act.

SCHEDULE

Repeal

(Sections 196 and 199)

ENACTMENT HOW AFFECTED
Town and Country Planning Ordinance 1945, (Cap 84) Repealed

 

Local Government Act 1993, (Act 462) Part II of the Act on planning functions repealed
Towns Act of 1892, (Cap 86) Repealed
Town and Country Planning (Amendment) Act 1960, (Act 33) Repealed

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button
Close
Close