Physical Planning Act Group 3

8/12/2019 Physical Planning Act Group 3

1/48

The physical planning act, 2010

Group 3

AINEMBABAZI PATIENCE J12B27/003

MARY BADAWI J12B27/110

RUSOKE EDWARD J12B27/741


2/48

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


3/48

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.


4/48

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


5/48

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.


6/48

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.


7/48

PART I

PRELIMINARY


8/48

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


9/48

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;


10/48

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;


11/48

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;


12/48

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


13/48

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;


14/48

PART II

NATIONAL PHYSICAL PLANNING

BOARD.


15/48

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.


16/48

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)


17/48

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


18/48

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.


19/48

PART III

DISTRICT, URBAN AND LOCAL

PHYSICAL PLANNING COMMITTEES

Establishment of district physical


20/48

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


21/48

PART IV

PHYSICAL DEVELOPMENT

PLANS.


22/48

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


23/48

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


24/48

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.


25/48

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.


26/48

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.


27/48

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


28/48

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(


29/48

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


30/48

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


31/48

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


32/48

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


33/48

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.


34/48

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.


35/48

PART V

CONTROL OF DEVELOPMENT.

Powers of local physical


36/48

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


37/48

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


38/48

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.


39/48

PART VI

FINANCIAL PROVISIONS.


40/48


41/48

PART VII

GENERAL PROVISIONS.


42/48


43/48

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 '


44/48

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


45/48

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


46/48

46

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


47/48

Conclusion

With development of physical development

plans at all levels, there will be improved living

standards and low degradation of the

environment


48/48

References

Documents

Physical Planning Act Group 3