International Journal of Innovative Environmental Studies Research 1 (1):48-54, 2013

© SEAHI PUBLICATIONS, 2013 www.seahipub.org

THE NATURE, SCOPE AND DIMENSIONS OF DEVELOPMENT CONTROL, TOOLS AND

MACHINERIES IN URBAN PLANNING IN NIGERIA.

*VIVAN Ezra Lekwot¹, Bijimi Charles KYOM¹ & Micheal Kingsley BALASOM²
¹ Department of Geography and Planning, University of Jos, Jos, Nigeria.
² Federal Department of Agricultural Extension, Ministry of Agriculture and Rural Development, No 3
Ibrahim Idris Crescent Jabi, Abuja, Nigeria.
*Corresponding Author Email Address: ezravivan@yahoo.com, ezrav540@gmail.com
Mobile Phone Numbers: +2348032880342, +2348097601269

ABSTRACT
Development control as an effective instrument for urban management ensures that the persistent growth and
management of settlements can be such that make for orderliness, improved settlement reflection, healthy and
aesthetics. It also ensures that the environmental challenges as a result of settlement growth can be reduced to
bearable levels. In Nigeria, development control requires special skill as a result of the daily problems the
authorities are confronted with, which is ascribed to the absolute size and rate of increase of these settlements
and the difficulty of the tasks involved. The problem ranges from non-implementation of the Nigerian Urban
and Regional Planning Law (Decree No 88 of 1992, amended as No 18 of 1999), inadequate funding of physical
planning programs, lack of planning tools, political intervention and manipulation by government officials, lack
of public enlightenment on physical planning programs, poor monitoring of planning schemes amongst others.
The paper highlights the concept of development control, relevance and problems associated with development
control and presented the uses of various development control tools as well as development control mechanisms
for producing conducive, aesthetically pleasing, functional, safe and more importantly healthy environment for
all Nigerians. The review reveal the lawlessness unplanned physical development and haphazard development
recorded in many places. The solution is the ability to realise positive results in the course of enforcement. The
laws that will satisfy both private and public needs have to be harmonized into the present conditions in the
building industry.

Keywords: Development Control, Physical Development, Planning Regulation, Urban and Regional Planning
Decree,

INTRODUCTION
The British Town and Country Planners Act of 1817 defines development “ as the carrying out of building
operations, engineering, mining and other operations in , on, under or over land, or the making of any material
change in the use of building or other land”. Similarly, the Nigerian Urban and Regional Planning Decree
number 88 of 1992 describes development as “the carrying out of any building, engineering, mining or other
operations in, on, over, or under any land, or making of any environmentally significant change in the case of
any land or demolition of buildings including the felling of trees and the placing of free-standing erections use
for display of advertisement on land”.
Meanwhile, control means the process of exercising power over ones area of jurisdiction. Development control
can thus be defined precisely as the process of implementing building and land sub-division regulations and
specifications. The word control is exercised when what is actually happening is compared with and guided
towards the achievement of the proposals and specifications in approved building and layout plans.
One of the most notable features of many Nigerian cities is the very disorderly nature of the cities. There has
been a phenomenal growth of urbanization resulting in our major cities growing and expanding in an unplanned
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manner. The central parts or core areas of most cities are decaying while the some sections are increasingly
becoming slums. Despite the existence of Local Planning Ok Authorities whose portfolio includes development
control of urban land use, many buildings have been and are being constructed without approved layouts, illegal
structures springing up arbitrarily, open spaces are disappearing fast and many parts of Nigerian cities lack
access.
Compounding the problems is the alarming rate at which urban sprawl has been developing haphazardly. Many
examples abound. Nasarawa settlement in Kaduna metropolis is a typical example of such uncontrolled growth.
Almost all the urban centres are growing day-in-day-out with little or no systematic direction. The supply of
sanitary and infrastructural facilities is increasingly becoming inadequate for the ever-teaming population influx
into the urban centre. What proportion this build-up will reach in two or three decades ahead is anybody‟s guess.
Therefore, with the political changes and administrative development of the action, these cities have continued
to grow but at a rate faster than the types of facilities initially installed. The rapid population growth and
physical expansion of the cities have been accompanied by unplanned urban sprawl, environmental pollution,
deterioration, deficiencies in modern basic facilities such as water, electricity, hospitals, sewage, municipal and
community facilities, and general urban decay. As increased urbanization exert more pressures on urban
facilities, most Nigerian cities tend to have lost their pre colonial original dignity, social cohesion and
administrative efficiency.

THE NATURE AND SCOPE OF DEVELOPMENT CONTROL

Before going on to discuss the nature and scope of development control, the word development needs to be
understood. Development, according to the Urban and Regional Planning Decree (1992) means "the carrying
out of any building, mining or other operation in, on, over or under any land; the making of any material change
in the use of any land building structure, or conversion of land, building structure from its established or
approved use, and / or including the placing or display of advertisement and urban furniture on the land,
building or structure; the making of any environmentally significant change in use of any or demolition of
building including felling of trees.
Development control is seen as a mechanism to maintain standards. It is process laid down by legislation, which
regulates the development of land and building. It is the professional activity carried out by town planners in
order to ensure compliance with the approved master plan thereby ensuring orderliness.
In line with the above definition, development control actually regulates any building or rebuilding operations
in, on and under the land. It also ensures an orderly growth of settlements by stipulating adequate standards for
all aspects of land-use through the provision of adequate lighting, ventilation, open spaces and other socio-
cultural facilities that make life worth living. The power to grant or refuse as well as attach conditions to
permissions for development to take place gives the public agencies the big teeth.
Ogunsesan (2004) opined that development control is the „front line‟ of planning and the part, which affects the
general public most. There is a direction in the exercise of development control on developers. The direction
according to Ogunsesan (2004) is the objectives of development control, which include: the protection and
enhancement of the built environment; the coordination of both public and private investments in land and
property to ensure that land is efficiently used; and the control of pollution.
In development control process, time is a very important factor. There are two types of time factors in the
development control process as pointed out by Faludi (1973): „internal and external time lag‟. The internal time
lag as he explained is the time it takes to act upon information received, while the external time lag, he explains
as the time it takes for the action to be effected.
Development control is carried out by planning authorities that have legal powers conferred on them to ensure
that development is secured. The authorities according to Faludi (1973) are empowered to: plan, promote and
secure the physical development and environmental improvement by economic; as financial developers they can
initiate planning schemes and develop the area wholly or partly‟. Kimaryo (1992) is of the view that „though the
planning authorities are empowered legally to carry out their duties, it may still be restricted. Its effectiveness
reduced by lack of political backing and support from the top echelon of government functionaries‟.
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Furthermore, development control is seen as a powerful implementation weapon in the planning armory.
Positive encouragement is given to developers to compelOk them to willingly develop their land with due respect
to the requirement of the planning authorities. Public enlightenment is usually embarked upon which tend to
encourage the public to want some sort of control over physical development.
Communication is a vital tool necessary for development control to succeed. An effective and efficient
communication ensures „control development with people and not for people‟; for if people are carried along in
development control process, the authority will be able to guide development with ease and achieve their set
objectives of a well planned built-up area with good road network, building set-backs, ventilation, lighting and
pollution free environment. On the other hand, if the members of the public are not informed, they may not
accept the idea of control, with feelings that since they owned the land, they can as well carry out development
the way they want and at their own time without due consideration.

DEVELOPMENT CONTROL IN NIGERIA: HISTORICAL PERSPECTIVE

The genesis of development control can be associated with the land tenure system operated by both the North
and Southern parts of this country. Land was vested in the Emirs, Obi and the Oba for onward usage as it may
be necessary and conditions were set for acquisition. The out break of different types of disease and the need for
effective. Town and country planning necessitated the formulation of ordinances that touches on health, land
use, environmental preservation, and roads; classification of towns became operational. Planning scheme
approval committee was set up in 1924 and in 1928 Lagos Executive Development Board (L.E.D.B) was
established and became effective in 1929 for planning and development in Lagos. Later Town and country
planning gained recognition with the introduction of more planning schemes and planning authorities with the
promulgation of Nigerian Town and Country Ordinance No. (4 of 1946). Between 1954 and 1963 a regional
systems of planning was adopted in Lagos with the law in 1958, west as cap 123 laws of western region of 1959,
East as cap 126 laws of Eastern Nigeria 1963 and North as cap 130 laws of Northern Region 1963.
With the creation of Town planning division to enhance planning and the introduction of planning authority and
development unit in the old Mid-Western State with Edict No. 3 of 1969 herald the National Development Plan
which became operational since 1920 through 1980. Of importance in the policy are planning of urban centers,
designing and planning of new settlement and urban renewal scheme.
To make, Town and Country planning more relevant and effective, their power to function was vested in the
local government area and with the creation of more local government areas in 1976 planning authorities were
established to handle planning matters.
Various issues relating to land matters were tackled by the promulgation of Land use decree of 1978. This effort
was aimed at making land available to Nigerians and exercise control over land. It has been established that
most development control measures are not adhered to because the benefits expected are sometimes not easily
recognized. For this reason people are usually reluctant to comply with such directive. For example some clients
did not see it necessary to obtain approved building plan before embarking on construction of buildings. Until
when there is problem associated with developments, which contravene existing laws relating to development,
that is when developers will be responsive. This reaction is based on previous experience where approval is
regarded difficult or impossible. Officers are often accused of misusing the powers vested in them to the
detriment of the public. This development has generated complaints from stakeholders. With the present
commitment on the part of concerned officers, agents and bodies responsible, an appreciable success is being
recorded. The preparation for the visit of Queen Elizabeth of England around 1958 accelerated one of the
planning schemes that rejuvenated part of Lagos which the inhabitants acknowledged. Areas that are orderly and
traces of planning are noticeable especially in districts, neighbourhoods, housing estates and in some part of
settlements are not always difficult to manage and cheaper in term of renewal such example can be found in
Oyo State, Bayelsa State and some Eastern states, where world bank assisted fund was made available for the
projects. Development control measures have not been successful in some states of the federation because
necessary support is not coming from the government. Uncertainty, fears are associated with the exercise not
actually knowing that the gains derivable from it outweigh the disadvantages. Lagos State government housing
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computerization exercise which is being introduced in Edo State is a typical example. This will aid research and
investigation regarding settlement. Experience in theOkpast has shown that most of the blame arising from
physical development efforts is usually directed at selected professionals. In deed Town Planners are recognise
as professional in charge of development control. There are other professionals in the building team who have
roles to play. This is to ascertain that various contributions are being made, and will still be made.
In addressing these physical development control measures and to improve the general wellbeing of the people,
the Urban and Regional Planning Decree (88) of 1992 was promulgated. The surprising thing is that the law has
not come to full operation since then. For physical development and social well being to be realized, there is
need to actualize the usage of the act.

TOOLS AND MACHINERIES OF DEVELOPMENT CONTROL

Basically, there are two instruments or tools often used in the development control process. These are:
(i) ENFORCEMENT NOTICE: This is served on any breach of Town Planning law relating to
carrying out development without the planning permission (approval). It relates to illegal building,
engineering, mining, change of use and so on. This notice may be served either for demolition of
such building without approval or the restoration of an altered building to its previous condition
pursuant to section 47 (1) of the Urban and Regional Planning Decree (88) of 1992. Non-
compliance with an enforcement order is punishable.
(ii) STOP NOTICE: According to section of the Urban and Regional Planning Decree (88) of 1992, a
stop work order could be issued where it appears to the control department that:
a. An unauthorized development is being carried out,
b. Where a development does not comply with a development permit issued by the control department.
The document is issued pending the service of an enforcement notice on the owner, occupier or holder of such
property. It takes an immediate effect upon service on such property. The time frame is usually 21 days within
which such developer shall comply with the provisions of section 53.

THE NEED FOR DEVELOPMENT CONTROL

Rural- urban migration has caused congestion in the urban areas and left the towns and cities sprawling
endlessly into the countryside with dire consequences for the provision of essential urban infrastructure. That is,
the rate of expansion of each of old and newly emerging town led to the emergence of uncoordinated land-uses,
winding road network, traffic congestion, uncoordinated provision and distribution of socio-physical
infrastructure, uncollected waste and the like, amongst others with great impact on the socio-economic well
being of the inhabitants. All these are resultant effects of uncontrolled development in both rural and urban
settlements in Nigeria.
The rapid growth of our settlements, particularly urban areas need to be controlled to prevent chaotic and
haphazard physical growth and development, which certainly takes place in the absence of any development
control measure. However, some of the rationales for effective development control are the achievement of
balanced, coordinated and good development of the environment; it ensures structural soundness and the
adequate provision of necessary utilities, services and facilities for the proposed buildings; protection and the
development of the environment so that the activities of men do not have adverse effects on it. This uncontrolled
development has led to the environmental situation as presently witnessed in some squatter settlements of Lagos
(Somolu, Bariga, Ijora, Ajegunle, Mushin) and other big town and cities in Nigeria.
Development control also ensures that real estate developers or owners of landed property use their lands and
buildings in conformity with approved town planning schemes or master plans for the town; for if development
control is not enforced, landowners and estate developers will build anywhere and anyhow, causing the chaotic
and disorderly growth of the town concerned.
Development control ensures the proper use and or development of land and building in conformity with the
approved town planning schemes or comprehensive development plans, which presents a more beautiful and
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unique environment; it also eradicates inadequately and uneven distribution of government facilities to
compliment demography. This applies to the locational advantage, distribution system and general servicing
load of services like schools, hospitals and so on. Ok
Also, because of negative externalities generated by some users of land such as industrial areas, which generate
heavy traffic or pollute the environment so much as to cause a decline in the value of adjacent land uses such as
residential, it is therefore, pertinent to separate such land use activities from each other. There is then the need
for the government to establish rules about how land would be used and not leave this function to the market
allocating process because the market cannot be trusted to produce a rational, efficient land use system. Urban
land as a scarce resource needs to be husbanded in a way that will balance long and short term need of the
community and also balance the conflicting claims of different interest groups. Development control ensures
and regulates the character and appearance of buildings, their relationship to one another and to open spaces,
hence create healthy environment for living and working.
Development plan ensures that there will be adequate light, ventilation, playgrounds for children, open spaces
for relaxation and recreation. It regulates the orderly planning and growth of a country, town, or city by
stipulating adequate standards for all aspects of planning. It also ensures that residential, commercial, industrial,
educational and agricultural areas are properly and carefully zoned to prevent conflict and promote a
harmonious interrelationship.
Development control is aimed at checking the activities of developers and landowners by ensuring that they do
not develop their property, as they like and to the detriment of public interest. A development plan cannot work
without development control. As a road is to a motor vehicle and as salt is to food, so is development control to
a development plan.

DEVELOPMENT CONTROL MECHANISMS

The development control mechanisms provide tools through which planning goals and ideals are achieved.
Robert (1975) identified two technical devices used in development control processes. These are land – use
zoning and planning standards. The planning standards also have two main divisions. These are the prescriptive
and the regulatory standards. The prescriptive standards are the guides or specifications used in dimensioning in
the preparation of a disaster risk reduction plan or any development plan for that matter. Planning standards are
used in Town Planning as recognized model for imitations (Keeble, 1976). They are legislated standards which
in most cases are mandatory and inflexible. They serve as tools or specifications before building operations can
be approved under the law.
Examples of the planning standards are residential density standards, plot ratio, setbacks from the stream, rivers
or roads, airspace standard car parking control standards and highway standards among others. Above all, the
planning standards are entrenched in the building and sub-division regulations as well as the sanitary and zoning
codes of local government councils for enforcement (Adeleye and Olayiwola, 2006).
PROBLEMS OF DEVELOPMENT CONTROL
Despite the fact that it is over two decades of enactment of urban and Regional Planning Decree No 88 of 1992,
numerous constraints still militate against the effectiveness of development control especially in urban areas.
Some of these constraints include:
 Non-implementation of the long approved Nigerian Urban and Regional Planning Law (Decree No 88
of 1992, amended as No 18 of 1999) by all tiers of government except in few states like Lagos and Oyo.
That is, the establishment of the National Urban and Regional Planning Commission, State Urban and
Regional Planning Boards and the Local Planning Authorities, which are yet to take effect in Nigeria.
 Compared to other sectors of the economy, physical planning programs suffer a lot of set-backs through
inadequate funding. Government particularly at local government level misconstrues Planning
Authorities to be revenue generating unit rather than social service providers.

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 Lack of planning tools which includes up- to-date base maps for settlements and regions. This has
hindered the preparation of development plans Okfor settlements, particularly regions and urban areas.
 There is political intervention and the manipulation by government functionaries. For instance,
government functionaries at all levels connive with other departments in the ministries and local
governments in carrying out siting and development of projects without (legal) approval from
development control agencies.
 Lack of public enlightenment on physical planning issues by government at all levels makes members
of the public “ignorant” of physical planning programs. Consequently, leading to development of illegal
structures over space both in urban and rural settlements.
 There is also no proper monitoring of planning schemes, which leads to abandoning of plots in some
cases by allotees.
 Inadequate number of professional town planners in government service, that is, shortage of man power
in physical planning agencies is a major problem. For instance, by the provision of the Nigerian Urban
and Regional Planning Decree No 88 of 1992, each of the Local Planning Authorities is to have a
minimum of six professionally qualified Town Planners to effectively man various units.
 Poor attitudes of employers that is Federal, State and Local Governments in sponsoring Town Planners
for training, retraining and refresher courses.
 Corruption among development control agencies in their decision to process and give approval to
development proposals. This act has spread to official who collect bribe in the name of processing fees.

RECOMMENDATIONS FOR DEVELOPMENT CONTROL PROBLEMS

The enforcement of the control laws and regulations constitute the major difficulties in the development control.
The following are suggestion aimed at reducing the problem to a considerable level;
 The Urban and Regional Planning Decrees 88 of 1992 should be fully implemented; as this will give
legal power to all physical planning agencies to enforce physical planning regulations.
 Regular staff development programs (retraining, refresher courses, seminars, conferences and
workshops) for the physical planning personnel, particularly those engaged in development control.
 Officers should ensure that undue excuses, delay and corruption should be avoided as much as possible
because the bulk of the problem in Nigeria‟s urban areas today is as a result of corruption on the part of
the officers in development control agencies.
 Also power vested in this office should not be abused as it is often done through arbitrary refusal to
grant approval. Genuine case must be treated promptly and innovative ideas that can help resolve any
teething issue should be employed as when due.
 Development control agencies should not be blinded by the pursuit for revenue generation.
 There is need for new and relevant. bye laws, edict, acts and regulations to channel the new course of
challenges in the planning profession so that the gains associated with the discipline can be appreciated
by all.
 Personnel involved in development control should be encouraged and rewarded as when due. Effort
should be made to stream line the conditions for carrying out responsibilities within this setting.

CONCLUSION
This paper has attempted an examination of the nature, scope and dimensions of development control tools and
machineries in Nigeria. It highlighted the concept of development control and presented the uses of various
town development control as well as development control mechanisms for producing conducive, aesthetically
pleasing, functional, safe and more importantly healthy environment for all Nigerians. It emphasized the futurist
element of development control as the most relevant for healthy and functional urban and rural areas in Nigeria.

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