Development

Control
Practice
URP 200
introduction
 The Town and Country Planning Act 1977 defines development as

 Carrying out of building, engineering, mining, or any other
operation in, on, over or under any land or the making of any
material change of use in any building or any other land- Sec 9 of
the T&CPA, 1977.

 Activities exempted or considered as not amounting to
development as the T&CPA, 1977
 activities involving maintenance, improvement or alteration of any
building provided this affects the interior or does not affect the
external appearance of the building
 repairing or renewing sewers main pipes , cables etc
 the use of any building or other land within the cartilage of a
dwelling house for purposes incidental to the enjoyment of the
dwelling house.
Material change of use

 could include the use of building resulting in
an increase or a reduction of the number of
dwelling units.
 deposit of refuse or waste material on land
 display of advertisement
 Use of buildings for purposes which they are
not normally used for that purpose

Development Control Code
 Central to planning control and ensures that development
proceeds as to realise the objectives of the development
plan
 Development control is enforced through the application
of the terms contained in the Development Control Code.
 The current DCC was introduced in 1978 and was revised in
1995.
 Code governs the manner in which development shall take
place at plot level.
 it is geared at providing an orderly pleasant development
in the country’s urban areas or planning areas.
 The code is binding to all developers who have to ensure
that development proceeds as provided in the code.
Application for planning
permission
 How do the planners ensure that the
provisions of the code are followed?
 requirements for planning permission.
 Part IV of the Act requires that planning
permission should be obtained for any
development that takes place in a planning
area.
 PP is required for any development in a
planning area
 Such an application is submitted to the
competent planning authorities
Planning Applications
Procedures
 Lodged with responsible authorities in the
area where development will be located
 Usually this would be the Physical Planning
Committee
 Forms are obtained from the physical
planning office
 Application accompanied by site plan,
location plan and any other necessary
diagrams
Location Plan
Site Plan
Procedure
 Has about 12 steps
 1. physical planner receives application
and registers the application and plans
 2. physical planner examines the plans –
checks compliance with development
plan and development control code and
other planning regulation
 3. Physical planner circulates application
Planning Permission
 4. Physical planner solicits comments from
other professionals (depends on nature of
proposed development)
 5.application considered by physical
planning committee which could
recommend:
 - approval
 Conditional approval
Procedure
 6.Physical planner submits all applications
referred to the T&CPB to the Board secretary
 7. Secretary registers all cases, prepares for
pre-board to iron out issues before the Board
 8 Board considers applications- either
approve them, give conditional approval,
defer for additional information
 9 decision of the Board submitted to Minister
Procedure
 All decision have 14days disallowance-
minister can vary the decisions
 Nothing is to be communicated to the
client within the 14days period
 10 Secretary of the Board notifies the
applicants about the decision
 11 any applicant disgruntled by decision
of the Board can appeal to the Minister
procedure
 Minister’sdecision is final
 decisions of the T&CPB become effective
after 14 days (following the meeting)
 Planning permission is valid for 2 years
 Applicants aggrieved by the decision of
the Board can appeal to the minister- CA,
Refusal
 Should be lodged within 1 month
Application Procedure
Development Types