Lecture 4 - Development and Planning Permit.pptx

A development slide

1. Development and Planning Permit Kwabena Obeng Asiama , PhD., MGhIS . 20/07/2022 1

2. Development Permitting The main instrument for controlling or managing physical development.  Effective development permitting promotes orderliness, convenience of movement, public safety and enhanced economic development.  20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 2

3. Development Permit Development permit in this context refers to permits issued in relation to planning and building applications.  Effective planning combined with proactive development management is also known to have enhanced aesthetics of human settlements and improved environmental sustainability throughout the world.  20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 3

4. Legal Basis Local Governance Act (2016) Act 936 Land Use and Spatial Planning Act (2016) Act 925 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 4

5. Local Governance Act (2016) Act 936 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 5

6. Permit to Carry out physical development A person shall not carry out a physical development in a district except with the prior written approval in the form of a written permit issued by the District Planning Authority. A District Planning Authority may approve an application referred to in subsection (1), before the adoption of an approved District Development Plan for the district. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 6

7. Permit to Carry out physical development A District Planning Authority shall consult public agencies and local communities as may be prescribed by Regulations issued by the Minister in the determination of an application for a permit to develop prior to the adoption of an approved District Development Plan. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 7

8. Development charges A District Planning Authority may levy a development charge in respect of a permit to carry out a physical development. Development charges shall be utilised for the provision of infrastructure and services. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 8

9. Development charges Development charges shall be rated by, payable to and collected by the District Planning Authority to the exclusion of any other body, except in the case of land estates where other specific bodies take responsibility to provide infrastructure and services. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 9

10. Conditionality of Development Permit A District Planning Authority may issue a permit for physical development with conditions or without conditions. Where a District Planning Authority refuses to issue a permit, or issues a permit with conditions, that District Planning Authority shall provide reasons in writing in each case. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 10

11. Conditionality of Development Permit A District Planning Authority may revoke a permit to develop or impose additional conditions in respect of a permit already issued. Where a District Planning Authority makes a decision under the above, the District Planning Authority shall, subject to the receipt of a claim, pay compensation as it may determine to the affected person. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 11

12. Conditionality of Development Permit The following activities and any other action, programme or project shall not require prior written approval from a District Planning Authority unless the proposed activity obstructs or interferes with a community right of space: subsistence farming; farming in any settlement that comprises a population of not more than five thousand; and small-scale vegetable and flower gardening 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 12

13. Land Use and Spatial Planning Act (2016) Act 925 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 13

14. Permits 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. The Authority shall from time to time prescribe the levels of permits to be issued by a District Assembly. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 14

15. Certification of plans of special buildings 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. Despite the above, 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. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 15

16. Certification of plans of special buildings A person shall not submit to a district planning authority the plan of a building which is required to be submitted under the above 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. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 16

17. Fee for Permit A planning authority shall charge a fee for the grant of a permit for a physical development. 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. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 17

18. Fee for Permit 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 forcompliance has lapsed. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 18

19. Fee for Permit 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. 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. 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 19

20. State of Development Permit in Ghana The impact of development control is yet to be felt, judging from the result of various research findings over the years.  16 procedures over 170 days at the cost of 3.5% (warehouse) – from ( Doing Buisness in Ghana, 2022). 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 20

21. State of Development Permit in Ghana The impact of development control is yet to be felt, judging from the result of various research findings over the years.  16 procedures over 170 days at the cost of 3.5% (warehouse) – from ( Doing Buisness in Ghana, 2022). 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 21

22. State of Development Permit in Ghana The procedure for development permitting differed widely across all these places and this seriously frustrated business, especially those that transcend regional and district boundaries.  20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 22

23. Forms of Development Permits and their Application Process 20/07/2022 Land Use Planning and Administration Kwabena Obeng Asiama, PhD., MGhIS. 23