Transcript Planning process

Presented by
Christopher Msipu Phiri
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Location
◦ South Central part of Africa
◦ Landlocked Country with eight neighbors
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Size
◦ 752 614 Km2
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Population
◦ 13.2million
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Administrative Structure
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Central Government
Provincial Administration
District Administration
Local Govt
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Historical Information
◦ British colony until 1964
◦ Implication
 Most legislation borrowed from the British
 This includes Current Planning Act -Town and Country
Planning (Amendment) Act No. 21 of 1997 (T&CPA),
which is largely based on the first Town & Country
Planning Act of 1962.
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Planning System
◦ Consists of various actors with varying functions
&authority regarding spatial planning.
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Actors include
◦ Minister of Local Govt &Housing
◦ Director of Physical Planning & Housing
◦ City and Municipal Councils
(These are recognized planning authorities under the
law-Town &Country Planning Act)
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Other entities
◦ Zambia Wildlife Authority (ZAWA),
◦ the Minister and Director of Health,
◦ Zambia Environmental Management Agency(
formerly Environmental Council of Zambia,
◦ the Tourism Board and
◦ the Minister of Mines.
◦ Ministry Of Agriculture & Livestock
◦ Office of the Vice President
◦ Ministry of Lands
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Other entities
◦ It also includes the Town and Country Planning
Tribunal authorised to hear and adjudicate appeals
against planning decisions.
◦ Traditional authorities exercise planning functions
in areas outside the State land areas.
◦ Zambia Institute of Planners (for advisory role on
certain matters-(though not active)
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The Zambian planning system is thus
characterised by a multiplicity of actors.
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Minister
◦ to appoint planning authorities and to delegate
functions to the Director of Physical Planning and
Housing, provincial or local authority or other authority;
◦ order the preparation of structure, regional and local
plans and to approve, revoke or modify such plans;
◦ approve or reject applications for subdivision,
development of land or change in land use
◦ refer appeals against rejection of applications by
planning authorities for development, subdivision of
land or change in land use to the Town and Country
Planning Tribunal;
◦ recommend the acquisition of reserved land for
development purposes and to attend to the payment of
compensation whenever required;
◦ to ensure enforcement of planning control.
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Director of Physical Planning and Housing,
◦ Public Officer in charge of Town and Country Planning
and who the Minister can designate as a strategic
planning authority. Thus the authority for land use
planning formerly concentrated in the hands of the
Minister in the 1962 T&CPA is to a certain extent shared
with the office of the Director following the 1997
amendment.
◦ The Director acts as a link between central government
and local authorities in respect of spatial planning.
◦ Director’s responsibilities are primarily in respect of
local plans. The Director can direct a planning authority
to prepare a local plan, conduct a public inquiry on
objections made in respect of the local plan and approve
it.
◦ The Director also approves alterations to the local plans.
 Planning Authorities
 Appointed by the Minister of Local Govt &
Housing
 Planning Authorities include;
◦ City and Municipal planning authorities and
◦ Provincial planning authorities.
 The functions of the provincial planning authorities extend
to planning functions covering planning areas where the
district council is not a planning authority.
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Perform planning functions delegated to them by
the Minister under the TC&P Act (For instance,
considering applications for development or
subdivision of land.
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Central Govt
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◦ Minister. of Local Govt &
Housing
◦ Director of Dept of
Physical Planning&
Housing
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Provincial
Administration
◦ Department of Physical
Planning &Housing
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District Administration
Local Government
Levels of Govt
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Principal mandate
holder ( planning
function under the TC&P
Act)
Provincial Planning
Authority
(members drawn from different
sectors)
City and Municipal
Planning Authorities
Planning Authority
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The planning framework consists of different
types of development plans with different
requirements in termsof detail.
The Act describes the kind of plans that can
be made.
◦ Regional Plans prepared by regional planning
authorities;
◦ Structure Plans and
◦ Local Plans
 (which may be prepared by the planning authority on
the directive of the Minister or Director).
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Contents of a Structure plan
The structure plan includes
◦ a written submission by the planning authority
stating the policy and
◦ general proposals for development in the area
including
◦ management of traffic.
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The policy has to include current policies with
respect to economic planning and
development of the region.
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Local Plans
Local plans may be prepared by a planning
authority under the direction of the Director
It includes the proposed detailed plans of private
developers.
The intention to prepare a structure or layout
plan is advertised for public scrutiny.
Structure plans have to be approved by the
Minister
These layout plans are the basis for zoning of
land, location of infrastructure, development /
expansion areas and development control.
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The planning process consists of the steps taken in the
preparation of regional, structure, local and other plans; the
process for granting permission for development of land, change
of land use or subdivision of land; and the process of
development control as provided for under the Acts.
The regulations in the Act provide for the form, content and
procedure for the submission and approval of development
plans. Regional and structure plans may be prepared on a
directive by the Minister and local plans on the directive of the
Director to a Planning Authority to prepare such plan or upon an
application by a Planning Authority to do so.
The Act requires an intention to prepare a plan to be publicised
for public scrutiny prior to the actual preparation of the plan.
Objections or comments may be made to the Planning Authority
or Minister within a period of twenty eight days following the
first publication of the notice. The Planning Authority may agree
with the objector to meet the objections or to withdraw them and
notify the Minister accordingly.
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Public participation is thus limited to response to gazetted notices or
advertisements of intentions to prepare plans or the notification of the
Planning Authority’s application for approval of structure or local plan.
The Minister has authority to order a public inquiry on the basis of an
objection.
The authority to approve regional and structure plans lies with the
Minister and that of approval of local plans lies with the Director.
The Minister is obliged to give notice to the planning authority of the
approval granted or rejection made.
The Planning Authority then makes a public notification of the Ministers
decision and serves same on the objectors.
The approved plan is a public document that is required to be published
for sale.
The planning process also provides for the acquisition of land to be
included in a structure or local plan by the President under the terms of
the Lands Acquisition Act on recommendation of the Minister.
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Development of Land
The second part of the planning process relates
to permission required for development, change
of land use or subdivision of land (Discuss
examples)
The Minister is authorised to make regulations
for the applications for development permission,
change of use and subdivision.
Applications for the subdivision of agricultural
land or for agricultural use outside the planning
area have to be submitted to the Zambia
Environmental Mgt Agency before decision is
made by planning authority
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The Minister can stipulate by regulations with
regard to the kind of development that needs
permission.
This allows the Minister to revoke, modify or
withdraw permission granted for development,
change of use or subdivision of land.
Where the Minister revokes withdrawals or
modifies a Development Order, compensation for
expenses incurred by the developer as a result of
this action has to be paid.
Permission for development in Statutory and
Improvement Areas is granted by the council
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Housing (Statutory & Improvement Areas) Act
National Housing Authority Act
Public Health Act
◦ has provisions relating to sanitation and housing
that permit the council to control development that
is injurious to public health and demolition of unfit
dwellings.
◦ The Pubic Health Act also permits the Minister of
Health to select and appoint sites for cemeteries
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Inadequate Planners
Inadequate resources (money) for plan
preparation
Delays in approval of Structure plans
Process still considered too technocratic
Public participation still limited
Too many actors in spatial planning with less
coordination in activities
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Due to stated challenges and other reasons,
new Urban and Regional Planning Legislation
is underway!
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Thank you so much for your Attention!
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