Physical Planning Act Group 3
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Transcript of Physical Planning Act Group 3
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The physical planning act, 2010
Group 3
AINEMBABAZI PATIENCE J12B27/003
MARY BADAWI J12B27/110
RUSOKE EDWARD J12B27/741
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Introduction
The act is made up of 61 sections, 8 parts and 9 schedules
Each part comprises of different sections
The act was assented on 28thApril, 2010
The entire country is declared a planning area and this act
shall apply to the entire country in all respects
Commencement. This act shall come into force on a date
appointed by the minister, by statutory instrument
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The physical planning act 2010
An act
To provide for the establishment of a national physical
planning board
To provide for the composition, functions and procedure ofthe board
To establish district and urban physical planning
committeesTo provide for the making and approval of physical
development plans and for the applications for
development permission; and for related matters.
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Parts of the Act
I. Preliminary
II. National physical planning board
III. District, urban and local physical
District physical planning committee.
Urban physical planning committees.
Local physical planning committee.
IV. Physical development plans
National and regional physical development plans
District and local physical development plans.
V. Control of development
VI. Financial provisions
VII. General provisions
VIII. Miscellaneous
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Schedules
First sch edule currency point.
Second schedule proceedings of the board.
Third sch edu ledetailed plans and area action plans.
Four th schedule matters to be dealt with in national and
regional physical development plans.
Fif th sch edule matters to be dealt with in district, urban
and local physical development plans.
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Schedules
Sixth sch edu le application for developmentpermission
Seventh schedu le application for subdivision/consolidation of
land and all buildings
Eigh th sch edu le notification of approval/refusal/deferment
of Development permission
Ninth schedule enforcement notice.
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PART I
PRELIMINARY
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Interpretation Advertisement means any word, letter, device, model,
sign, placard, board, notice or representation, whether
illuminated or not, in the nature of and employed wholly
or in part for the purpose of public communication and
includes any hoarding or similar structure used or
adapted for use for the display of the communication but
does not include any communication displayed inside a
building;
Area action plan means a local plan intended to
address
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Interpretation 2
Building means any structure or erection on, in orunder any land and any part of any structure or erection
of any kind whatsoever whether permanent, temporary
or movable, and whether completed or uncompleted
Court means the high court
Density of development means the maximum
amount of development permitted or the maximum
number of persons permitted to reside, as the case
may be, on any area of land;
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Interpretation 4
Building operations include any building or erectionoperations, rebuilding operations, structural alterations
or additions to buildings and other similar operations
and the making of access roads, railways, waterworks,
sewerage and drainage works, electrical and telephone
installations and any road works preliminary to, or
incidental to, the erection of buildings;
Detailed plan means a local physical development
plan that operationalizes the provisions of a structure
plan;
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Interpretation 5 Development means
(A) the making of any material change in the use or
Density of any buildings or land or the subdivision of any land;
and
(B) the erection of such buildings or works and the carrying out
of such building operations
Development permission means a development
permission granted under section 33 by a local
government to an applicant to develop land;
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Interpretation 6 Dwelling means a building or any part or portion of a
building, used or constructed, adapted or designed to be
used for human habitation, as a separate tenancy or by
one family only, whether detached, semi-detached, or
separated by party walls or floors from adjoining buildings
or part or portion of the same building together with such
outbuildings as are reasonably required to be used or
enjoyed
Land includes any land covered with water, and any
buildings or other things permanently attached to land, and
any interest or right of easement in, to or over land
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Interpretation 7Local government includes
(A) a district council;
(B) a city council;
(C) a city division council;
(D) a municipal council;
(E) a municipal division council;(F) a town council;
(G) a sub county council
Road means any way open to the public for the circulationof vehicles which is maintained by the government or an
administration and includes any street, square, court, alley,
bridge, footway, path, passage or highway whether a
thoroughfare or not;
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PART II
NATIONAL PHYSICAL PLANNING
BOARD.
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Establishment of the National PhysicalPlanning BoardA board to be known as the national physical planningboard consisting of 9 members appointed by the minister.
Gender equity and appropriate technical qualifications of
the appointees is considered
The chairperson shall be appointed by the minster & the
members of the board shall elect the one person amongst
themselves to be the vice chairperson
The head of the national physical planning department shall
be the secretary to the board.
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Tenure of office of membersof the Board.
The members of the board shall hold office for three yearsand are eligible for reappointment for one further term.
A member may at anytime before the expiry of his or her
term, resign in writing signed by him or her, addressed to
the minister.
A member may be removed from office by the minister (for
inability to perform his or her functions, convicted of an
offence involving fraud, dishonesty or moral turpitude,
misbehaviour or misconduct)
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Functions of the Board
To advise government on all matters relating to physical
planning;
To hear appeals lodged by persons or local governments
aggrieved by the decision of any physical planning committees;
To determine and resolve matters referred to it by physical
planning committees
To approve regional, urban or district physical development
plans and recommend to the minister national plans for
approval
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Functions of the secretary
In addition to any other function conferred upon him or her bythe board, the secretary shall
Initiate draft national and regional physical development policies,
guidelines and strategies for consideration by the board
Be responsible for the preparation of all national, district and local
physical development plans
Require local authorities to ensure the proper execution of physicaldevelopment control and preservation orders and
Assist districts and lower local governments to prepare district and
local physical development plans.
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PART III
DISTRICT, URBAN AND LOCAL
PHYSICAL PLANNING COMMITTEES
Establishment of district physical
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Establishment of district physicalplanning committee
The chief administrative officer
of the district, who shall be the
chairperson
District physical planner whoshall be the secretary
District surveyor
District roads engineer
councils within the district
District environment officer
Natural resources officer
A physical planner in private
practice appointed by the Council
on the advice of the secretary to
the board District education officer
District agricultural officer
District water engineer
District community developmentofficer
District medical officer
Clerks of all urban and town
Each district council shall establish a district physical planning
committee, which shall consist of
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PART IV
PHYSICAL DEVELOPMENT
PLANS.
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Physical development plans.
The physical development plans shall be
oThe national physical development plan
oRegional physical development plans
oDistrict physical development plansoUrban physical development plans, and
oLocal physical development plans
The national physical development plan shall be
largest physical development plan
All other plans shall conform to the national physical
development plan
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National and regional physical developmentplans.
Prepared by the board
In the preparation, the board shall take into account the
securing of suitable provision for industrial development,oagricultural development,
o infrastructure,
o
environmental protection,onatural resource management,
ourbanisation,
ohuman settlements conservation,.
P bli di l f h i l d l t
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Public display of physical developmentplans
Upon the completion of a draft, the board shall publish a notice,
inviting the public to inspect the draft plan at the place and timespecified in the notice.
The board may accept or reject the representations orobjections to the plan
The person raising concern shall within 30 days be notified in
writing about the boards decision
A person aggrieved by a decision of the board may appeal to
the court against the decision.
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Approval of national and regionalphysical development plans
On expiration of the 90 days, if no concerns have been raised
the board shall certify the plan in triplicate and recommend the
plan to the minister for approval.
The minister may approve any national or regional physical
development plan without, or subject to, any conditions or
modifications as he or she may consider necessary.
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Publication of approved national andregional physical development plans.
The board shall, within 14 days after the minister approves a
national or regional physical development plan, publisha
notice stating that the plan has been approved
The published plan shall have full force and effect and every
person shall comply with the requirements of the approved
plan
No development shall take place on any land within the area to
which the plan relates, unless it is in conformity with the
approved plan.
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Amendment of approved national and regionalphysical development plans.
The board may submit to the minister, proposals for therevocation or modification of an approved development plans
where
o There are practical difficulties in the execution or enforcement of the
approved plan
On expiration of the period, if no concerns have been made,
the board shall submit the proposed modification or alteration
of the approved plan to the minister for his or her approval
The minister may approve or refuse to approve the proposed
alteration or modification of the approved plan
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Special planning areas
The minister may declare an area with unique development
potential or problems, a special planning area for the
purposes of preparation of a physical development plan.
The minister may suspend any development(
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District, urban and local physicaldevelopment plans.
A district urban and sub-county physical committee shall
prepare a district urban physical development plan.
The secretary to the board may, at the request and costof a local government through the district, urban physical
or sub county planning committee, prepare
A district physical development plan;
A city, municipality or town physical development plan; or
A sub county physical development plan.
Di t i t b d l l h i l
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District, urban and local physicaldevelopment plans 2
The prepared plan shall be presented and discussed by the
appropriate committee and if adopted, it shall be presented
to the appropriate local government council.
The development plan adapted by the respective physical
planning committee shall be submitted to the board upon
payment of the prescribed fee.
A plan adopted by a sub-county council shall be transmitted
to the district physical planning committee and the district
council for approval.
C t t f di t i t b d l l h i l
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Contents of district, urban and local physicaldevelopment plans.
A topographical survey in respect of the area to which the planrelates, carried out in the prescribed manner
Maps and descriptions indicating the manner in which the land
in the area may be used
A technical report on the conditions, resources and facilities in
the area
A statement of policies and proposals with regard to the
allocation of resources and the locations for development withi
the area
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Contents of district, urban and local physicaldevelopment plans 2
A description and analysis of the conditions of development
in the area as may be necessary to explain and justify the
statement of policies and proposals
Relevant studies and reports concerning the physical
development of the area
Maps and plans showing present and future land use and
development in the area
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Publication of approved district, urban and localphysical development plans
The board shall, within 14 days after approval of the
plan, publish a notice in the gazette, specifying
whether or not the respective plan has beenapproved, with or without modification, and
specifying the place and time where it may be
inspected during normal working hours.
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Private local physical development plans
A land owner shall use the services of a qualified planner to
prepare a physical plan which shall be submitted to the local
physical planning committee for adoption with or without
modification.
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PART V
CONTROL OF DEVELOPMENT.
Powers of local physical
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Powers of local physicalplanning committee
Prohibit or control the use and development of land and
buildings in the interests of the proper and orderly
development of its area
Control or prohibit the consolidation or subdivision of land orexisting plots
Ensure the proper execution and implementation ofapproved local physical development plans
Initiate formulation of by-laws to regulate physical
development
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Environmental impact assessment
Where a development application relates to matters that
require an environmental impact assessment to be carried
out, the approving authority or physical planning committee
may grant preliminary approval of the application subject to
the applicant obtaining an environmental impact
assessment certificate in accordance with the national
environment act.
A l f l f
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Approval or refusal ofdevelopment permission.
A local planning committee may Grant an applicant,
development permission with or without conditions; or refuse to
grant an applicant development permission.
The committee shall, within 30 days after making a decision,
notify the applicant of its decision
A person aggrieved by the decision of the local physical
planning committee may appeal in writing to a higher physical
planning committee.
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PART VI
FINANCIAL PROVISIONS.
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PART VII
GENERAL PROVISIONS.
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PART VIIIMISCELLANEOUS
Appeals
Exemption from liability for acts done in good faith
Minsters general powers
Disposal of land, extension of lease, etc
Access to records.
Secrecy.
Service of notice.
Power of entry.
Preservation of buildings of special architectural value or historic interest.
Penalty for giving false information.
Publication of notices.
Regulations.
Repeal and savings.
P bli h lth l '
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Public health relevance's
The economy of Uganda is dependent on agriculture thatutilizes land thus the need for the act to provide guidelines on
its use
Development of land may lead to spread of both communicable& non-communicable diseases
The development of land will determine population distribution
thus disease pattern
The act promotes conservation of the natural resources thus
preserving the eco-system
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Implementation challenges
The general public lacks knowledge about the act
There may be misinterpretation of the act
There is limited funding to promote implementation and
promotion of public awareness of the act
There is low enforcement of the act
Corruption
Lack of development plans in most areas of the country
R d ti
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Recommendations
The community should be sensitized about the act
The respective boards should develop national and
regional development plans
The act should be interpreted into the local languages
Funding should be increased to the sector for the
implementation and monitoring of the act
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Conclusion
With development of physical development
plans at all levels, there will be improved living
standards and low degradation of the
environment
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References