urban and regional planning bill.pdf

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Guide to the DraftUrban and RegionalPlanning Bill

Zambia

June 2009


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EDITORIAL NOTES

Guide to the Draft Urban and Regional Planning Bill

June 2009

authors Hifab International AB

graphicdesign Viera Larsson, Visual Communication AB

photos Daniel Phiri, Henry Machina, Sixten Larsson

Ministry of Local Government and Housing, Zambia


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Guide to the Draft Regional and Urban Planning Bill Zambia 2009 |

CONTENT

VISION 5

INTRODUCTION 6

PLANNING SYSTEM 7

Local Planning Authority 8

Planning Committee 9

Provincial Planning Authority 11

Planning Appeals Tribunals 12

The role of the Minister 13

PLANNING FRAMEWORK 14

Planning Guidelines 15

Integrated Development Plans 16

Local Area Plans 20

Sectoral Local Plans 23

Planning Agreements 23

THE PLANNING PROCESS 24

Planning Programme 26

Plan preparation process for Integrated Development Plan 27

Preparation of Local Area Plan 31Partnership with Private Developers 33

Joint Planning Initiatives 33

Provincial Supervision 34

PLANNING APPLICATIONS 35

Development Permits 36

Plan Variation 36

Appeals against Planning Decisions 38

Report and Registers 38

PLANNING CONTROL AND COMPENSATION 39

Planning Control 39

Compensation 39

GENERAL PROVISIONS 40

Regulations 40


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|Guide to the Draft Regional and Urban Planning Bill Zambia 2009

This Guide is prepared to explain to people in Zambia the new

proposed Urban and Regional Planning Bill and to help the under-

standing of the Bill once it changes into law. It describes the means

and processes that are provided and presents the opportunities that the new

law will offer to the people. Remember that the document, which is being

explained here, is a Bill and not yet a law. The Minister of Local Govern-

ment and Housing will take the Bill to Parliament for debates, after which

the Bill will turn into law.

Democratic Republicof Congo

Tanzania

Malawi

Mozambique

Zimbabwe

Namibia

Botswana

Angola

Guide to the Draft

Urban and RegionalPlanning Bill


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VISION

The new proposed Bill named as the Urban and Regional Planning Bill

aims to promote and encourage development in the entire country. It will

include areas that previously have not beneted from planned development.

It will enable authorities to plan better to promote investment in housing,

businesses and social facilities. It will encourage people and communities

to take initiatives to improve their living environment. The administrative

procedures and planning rules will be simplied, while at the same time they

will assist those who plan for our provinces, towns and cities (the Planning

Authorities) to ensure sustainable, orderly and affordable development.

The preparation of the Bill is based on the following principles:

Development principles

Sustainable urban and rural development

Functional and socio-economic integration

Institutional integration and coordination

Democratic processes accountability, transparency, participation and inclusion

Decentralisation

Planning principles

Poverty alleviation and satisfaction of basic needs

Focus on special needs groupsGender equality and equity

Environmental management

Community involvement and public participation

Partnership and private sector involvement

Implementation orientation

Encouraging local economic development

Cultural sensitivity

Regional linkages and coordination

Security of tenure

The new Urban and Regional Planning Bill will facilitate sustainable development,encouraging emerging businesses and housing projects to meet the needs of the people.


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INTRODUCTION

When the Urban and Regional Planning Bill becomes law, it will apply to

the entire country, to both urban and rural areas. The law will promote the

Decentralisation Policy that the Government of Zambia adopted in 2006. It

will guide planning and development regardless of the land tenure or land

administration system and provide for cooperation with traditional authorities.

The Urban and Regional Planning Bill describes the planning system,

planning framework and the planning process that will guide development

in Zambia. It provides for planning permission and enforcement of decisions

taken by the authorities. It also provides for the preparation of planning

guidelines that will form the basis for preparation and implementation of all

spatial plans.The Local Authorities District, Municipal and City Councils are the

main authorities in terms of urban and regional planning. Close cooperation

between the different levels of Government (local, provincial and central

government) is the basis for an efcient implementation of the planning

legislation.

For the authorities at both central and local government level the new

Law will make it clear what their duties are in terms of planning.

glossary

Bill

a draft law which is prepared fordiscussion in Parliament. AfterParliament approves it then itbecome a law, known as an Act

Planningsystem

the administrative structuresand authorities responsible for

planning

Planningframework

the types of plans and docu-ments available for planning

Planningprocess

the way in which plans areprepared and enforced

Planningpermission

permission from a planningauthority to proceed with a

particular development orchange of land use

LocalAuthority

district, municipal or cityelected body

The new planning Bill will apply to the entire country.

Planning for all sectors of society will include economic activities, agriculture,social service and support to the most vulnerable.


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glossary

LocalPlanningAuthority

district, municipal or city councils

ProvincialPlanningAuthority

central government planningauthority at provincial level

DirectorofUrbanandRegionalPlanning

head of the Department within

Central Government responsiblefor regional and urban planning

PLANNING SYSTEM

The Planning System consists of the following Planning

Authorities

Minister of Local Government and Housing

Local Planning Authorities

Provincial Planning Authorities.

The planning system means the administrative structure, the institutions and

authorities that will guide planning and support development. The system

identies different levels of government and describes the responsibilities

assigned to the authorities.

The new Urban and Regional Planning Bill emphasises that the Local

Authorities Districts, Municipalities and City Councils will have the

main role in the system, regarding plan preparation, approval and implemen-

tation. Provincial Planning Authorities will have a supporting and monitoring

role and will assist Districts that lack capacity and resources. The Ministry

of Local Government and Housing will have a controlling function. It will

formulate policies, strategies, regulations and guidelines. The Minister will

through the Director of Urban and Regional Planning provide the services of

Central Government.However, the different levels of government need to cooperate and

coordinate their plans and programmes. The legislation therefore describes

how the responsibilities of these authorities will be distributed.

As the law will apply to the entire Zambia, the administration will need to

be exible to meet the needs in different parts of the country.

Districts in Northern Province.

An important aspect of the Bill is decentralisation of planning functions tothe Local Authorities.


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Local Planning Authority

Every Local Authority will be a Planning Authority provided it

meets the requirements set out in the regulations. The Local

Authorities will be responsible for

preparation of development plans

receiving and processing planning applications

implementation of development plans

promoting and facilitating sustainable land development.

Glossary

Planningapplication

request by individual or organi-sation to start development

DecentralisationPolicy

the policy adopted by theGovernment of Zambia aimingat identifying and transfer-

ring responsibilities to LocalAuthorities

The proposed planning system is strongly linked to the Decentralisation

Policy and incorporates the functions and the tasks assigned to the Local

Authorities through the Local Government Act. Emphasis is put on the role

of Local Authorities in terms of both planning and implementation powers.

To manage the new tasks the institutions must be strengthened and structures

must be established to meet the demands. The implementation will be done

step by step over a certain period of time. In cities the Local Authority will

have capacity to handle most of the tasks on its own, while rural districts

in the beginning will need more assistance from the Provincial Planning

Authorities.

Local Authorities are best suited to deal with the planning issues such as

poor infrastructure and lack of space for markets in districts and cities.


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Guide to the Draft Regional and Urban Planning Bill Zambia 2009 |9

Planning Committee

Glossary

Stakeholders

anybody with an interest in orinuenced by planned develop-ment

Planningdepartment

the administrative unit withinthe Local Authority in charge of

planning

Sectordepartments

the units within the Local Councilresponsible for specic sector

aspects of administration anddevelopment

The Planning Committee will represent and be responsible to the Local

Authority and be part of its administration. Its decisions and recommenda-

tions must be approved by the Local Council. However, planning anddevelopment affects all people and has long term implications. Therefore

the new Bill suggests that representatives from other stakeholders will have

a chance to ensure that planning decisions are made in their interest and that

information about plans and development will be more easily available. In

particular as the law will apply to the entire Local Authority area with central

government interests, customary land, privately owned land and special

protected zones, the broad consensus about development is important.

The Planning Committee will be linked to the administrative structure

of the Local Authority and its decisions will be based on coordination with

other council committees through procedures agreed upon locally.

The Planning Committee will oversee the preparation of development

plans, recommend the adoption of development plans, decide certain plan-

ning applications and monitor the implementation and enforcement of deci-

sions. The Planning Committee reports to the council of the Local Authority.

For the plan preparation, decisions on planning applications and imple-

mentation, the Planning Committee will depend on the Planning Department

of the Local Authority and cooperation with other sector departments. The

Planning Department will provide administrative and secretariat support.

This means that the different plans will be prepared by the Planning

Department. The Planning Committee will take the decision on the planning

matters and submit their recommendations to the Local Council for approval.

Each Local Authority will have a Planning Committee, which

shall be a Standing Committee and shall be responsible to

the Local Council. The committee will have a maximum of

thirteen members namely

seven Councillors

two ratepayers

a representative of Royal Establishments

private sector

civil society.

No fewer than four must be women.

The Local Authority will inform the Minister regarding the

composition of the Planning Committee. The Planning Com-

mittee shall serve for three years. Members may sit on the

Committee for two periods.


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10 |Guide to the Draft Regional and Urban Planning Bill Zambia 2009

While the Local Authority and its

Planning Committee will have the

main responsibility for planning and

implementation, it is important that

there is close cooperation with the

Provincial Planning Authority.


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In each province there will be a Provincial Planning Authority

with the responsibility to

monitor the planning and implementation processes at local

authority level

assist Local Authorities in the planning and implementation

tasks if they lack own planning capacity

facilitate inter-municipal/district coordination and joint

planning initiatives

assess Integrated Development Plans in terms of adherence

to National and Regional Planning Guidelines.

The Provincial Planning Authority will be appointed by the

Provincial Permanent Secretary and will have nine members,

representing

Local Authorities in the Province

Royal Establishments

private persons and

civil society

At least three will be women.

The appointed members of the Provincial Planning Authority

will serve for three years.

Glossary

Monitor

check or observe that plansare prepared and implementedaccording to programmes

Facilitate

assist or make it easy for partici-pants to carry out their tasks

Provincial Planning Authority

The Provincial Planning Authority will have a new role to play in planning

and development. While the Local Authorities will have the main responsi-

bility, the Provinces will provide support and assistance to Local Authorities,

especially to those councils that are not able to plan on their own or do not

have the money or experts to implement their plans. This can be a major task

during a transition period, when training and capacity building programmes

are undertaken. Provincial Planning Authorities will also monitor the planpreparation and implementation processes and will ensure that national

and regional interests and important issues are taken care of in the plans.

When there is a need for two or more districts to bring together their plans

or prepare plans together the Provincial Planning Authority will assist

these planning authorities. Such joint plans will be adopted by the involved

District Councils.


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Planning Appeals Tribunals

The Minister will establish three Planning Appeals Tribunals.

Each Tribunal shall meet at least four times per year.

The members of the Planning Appeals Tribunal will be ap-

pointed by the Minister and shall hold ofce for three years.

The Planning Appeals Tribunal will hear and determine

appeals arising from decisions made under the Urban and

Regional Planning Act.

The Tribunal will notify the Minister and allow comments on

the appeals. The Tribunal will provide for all affected persons

to make submissions and after the decisions all parties

involved shall be notied.

Glossary

Appeals

request or application to anauthority to reconsider a decision

Tribunal

an institution in charge of hear-ing appeals

The numbers of Tribunals will in the future be increased when the resources

permit and the aim should be to have a tribunal in each province. The

Tribunals will deal with problems related to objections to plans and planning

decisions, hear complaints in relation to planning applications and other

planning related issues. The Tribunals will consider appeals from the entire

area under their jurisdiction. The Tribunal will contact and inform affectedpersons and notify the Minister about the decisions. The procedures will be

simplied to give the general public better access to the Tribunals.

A person may decide to make a nal appeal against a decision by the Plan-

ning Appeals Tribunal for judicial review or to the Minister of Local govern-

ment and Housing.

Submissions of objections to unsuitable development

will be easier through more direct access to the

Planning Appeals Tribunal.


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The role of the Minister

The Minister has the controlling function of planning and

development and in that role the Minister will

issue policies, guidelines, strategies, regulations and

standards to guide the Local Authorities relating to matters

of national and regional concern

advise the Local Authorities in the interpretation of such

policies

prescribe indicators and targets for planning and develop-

ment

assist Local Authorities in reaching targetspromote coordination and regional development

undertake research and studies

monitor progress and performances

prepare regional development plans if requested to do so

by Local Authorities

provide training and skills development

call in plans where the planning authority has not complied

with the legal requirements for plan preparation.

The decentralisation of powers and functions to the Local Authorities means

that the role of the Minister will change towards one of controlling, advising

and monitoring. One of the most important duties of the Minister will be the

formulation of planning guidelines, strategies for development and regulations

and standards required as part of the new law.

The Minister will advise and assist Local Authorities to prepare and

implement plans that meet the demands of proper and orderly development. At

the beginning, there will be a need for training and capacity building as well

as research and studies to be able to formulate standards and guidelines. The

Minister will also prepare recommendations regarding planning concepts and

provide good examples of planning projects and best practises.Monitoring will include reviews of plans and implementation programmes

submitted by Local Authorities as well as control of planning processes and

public participation approaches. The Minister will ensure that Planning Au-

thorities involve groups with special needs such as women, children or people

with disabilities in the planning process and that their needs are taken care of.

The formulation of Planning Guidelines on matters of national and regional

interest needs to be carried out together with other Ministries and relevant

authorities. In cases where two or more Local Authorities express a need for

regional development strategies or plans, the Minister may prepare such plans.

The Minister will further provide training and capacity building within

Local Authorities and undertake measures for improved work performances.

Glossary

Relevantauthorities

the ministry, department orother agency given the specic

responsibility for planning anddevelopment issues


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PLANNING FRAMEWORK

The types of plans that will be used to promote development

make up the Planning Framework. It consists of

Planning Guidelines

Integrated Development Plans

Local Area Plans

Sector Local Plans.

The Planning Framework includes the different tools and plans that can be

used by the Local Authorities. These tools and plans give a basis for the

general public, investors, communities and the authorities to plan for the

future with a high degree of certainty in terms of security, land use rights and

sustainability. The framework consists of plans and planning instruments that

are linked and related to each other. Planning Guidelines inform Integrated

Development Plans which in turn are binding for Local Area Plans and

Sectoral Local Plans.

Spatialrelationshipbetween

thedifferenttypesofplans

thatmakeupthePlanningFramework.

National andRegionalPlanningGuidelines

IntegratedDevelopmentPlan

Local Area Plan

Sectoral Local

Plan

GUIDE-LIN

ES

IDP


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The Minister will formulate Planning Guidelines, policies and strategies

for areas and matters of national and regional interest.

Planning Guidelines

The Minister can make Planning Guidelines that will cover areas and devel-

opment aspects of national and regional interests and are to be prepared toprotect such interests and important assets.

These guidelines will be prepared by the Minister in close cooperation

and with joint responsibility with other relevant ministries and authorities.

The Planning Guidelines may deal with issues such as use and development

of land in relation to national parks and game reserves, areas of environmen-

tal and cultural value, national defence and security, agricultural production

and forest reserves, major infrastructure and installations, customary tenure,

private-public partnership for land development, informal settlement upgrad-

ing and land unsuitable for development due to contamination or other safety

aspects.

The Minister shall by statutory instruments make Planning

Guidelines for planning and development.

Where such Guidelines involve other ministries the Guidelines

shall be prepared jointly and proclaimed together by the

respective ministers.


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The Integrated Development Plan shall be the principle plan-

ning instrument for the Local Authorities.

The Integrated Development Plan binds all persons and

organs of State.

Each Local Authority shall prepare an Integrated Development

Plan to cover the entire area under its jurisdiction.

The Integrated Development Plan will

link, integrate and coordinate plans and proposalsalign the resources and capacity for implementation of the

plan

provide for coordination with neighbouring Local Authorities

form the policy framework for nancing and budgeting

indicate priority areas for housing, social services, infra-

structure, local economic development, environmental

management and protection, and poverty alleviation

suggest phasing of development and areas for which Local

Area Plans should be prepared.

recognise the requirements of the Planning Guidelines.

The Integrated Plan will outline development for a period of

ve years.

Glossary

Customaryland

Land which is administered bytraditional leaders outside stateland

TraditionalAuthorities

Traditional leaders of specicareas such as chiefs, headmenand women

Detailedplanning

Planning aiming at immediate

implementation or projectidentication

The Integrated Development Plan (IDP) will give all details for the Local

Authority to guide and control development in general terms. In particular it

will indicate infrastructure requirements, expansion areas for housing, busi-

ness, service facilities and economic development. It will also provide for

socio-economic development, capacity building, environmental management

and poverty alleviation.In many cases there will be a need for more detailed planning and there-

fore the IDP will provide the basis for the preparation of Local Area Plans,

project identication and budgeting. It will be closely linked and coordinated

with the nancial planning and implementation programming.

The Local Authority will have to work with other local authorities that

are situated nearby and Central Government to ensure that other interests are

taken into account in the formulation of the Integrated Development Plan. As

the entire area of the Local Authority will be covered including customary

land, it will be important to work closely with Traditional Authorities.


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Content of the Integrated Development Plan

IntegratedDevelopmentPlanIDP

SpatialPlanImplementation

ProgrammeFinancialPlan

LocalAreaPlan

SectoralLocalPlan

project project project

The Integrated Development Plan includes spatial and

non-spatial components, implementation programme

and nancial considerations. It also provides the basis

for detailed planning and project identication.

The Integrated Development Plan includes a planning survey,

a written statement, diagram and plans and key performance

indicators.

The Integrated Development Plan will have a multi-sectoral approach

covering the various areas of responsibilities related to local authority and

central government administration. The Integrated Development Plan will

include spatial and non-spatial aspects of development. The formal product

will consist of

1) Planning survey

Spatial and economic characteristics such as density, open space, land use

Population and demographic structure for example age, household size,

Communication and transport system

Assessment of existing conditions

Strategic environmental assessment

Identication of need of infrastructure services.

2) Plan proposals in a written statement

Vision for long term development

Development objectives, priorities and strategies

Spatial development framework


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Improvements in terms of environmental, social and economic aspects

Identication and demarcation of protection zones for environmental

sensitive areas

Financial planIdentication of national and regional interests

Relationship to neighbouring local authorities

Implementation programme

Report of the consultation process

Programme for preparation of Local Area Plans

Identication of areas in need of upgrading

Planning agreements for areas under the powers of Traditional Leaders.

3) Plans and illustrations

These can be plans, drawings and other illustrations that will show the

intended development in a way that make it easier to understand the propos-als and the results.

4) Key Performance Indicators

The performance indicators are meant to make it possible to measure and

assess to what extent the development objectives have been achieved. They

will also be useful tools in monitoring and review of the implementation.

Integrated Development Plan may include areas that fall under customary

law. For that purpose special Planning Agreements will describe the relation

between the traditional leaders and the Local Authority and the sharing of

responsibilities. Specic methods, processes and procedures for consultation

and participation will be applied taking into account the cultural require-

ments in the area.

Glossary

Multisectoral

areas and issues that covermore than one sector or adminis-trative concern

Spatial

aspects of planning that havephysical characteristics such as

buildings, vegetation, roads andother infrastructure

Non-spatial

aspects of planning that do nothave physical characteristicssuch as economic development,community involvement, equality,social services

Delineation

demarcation or marking of areasand boundaries

Protectionzones

areas that serve the purpose torestrict development or use of

sensitive environments or naturalresources

The Integrated Development Plan will include proposals for all

aspects of development including city centre improvement and

transport planning.


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The Spatial Development Framework Integrated Development Plan for Lusaka

from 1999 is an example for the format of spatial planning.


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Local Area Plans

The Local Area Plan shall be the planning instrument to pro-

vide detailed proposals for development for areas indicated in

the Integrated Development Plan.

A Local Area Plan may not deviate from the provisions in the

Integrated Development Plan and must recognise poverty

alleviation, local democracy, public participation, account-

able governance and other planning principles and recognise

national and regional guiding principles.

The preparation of a Local Area Plan may be initiated by a

community or a Ward Committee.

Glossary

Communityareas

areas with a group of peoplethat have common interests and

concerns

Wards

A lowest unit of government inwhich each district is divided.Each ward is represented by acouncillor who is elected into thedistrict council

Informalsettlements

settlements developed withoutplanning and formal approval,often with self-built, make-shiftshelters and without anyinfrastructure or social services.

Cadastralsurvey

the demarcation of property forregistration and legal tenure

Local Area Plans (LAP) will be prepared when there is a need for more

detailed proposals for development in an area. In most cases the Integrated

Development Plan will prescribe that Local Plans are to be prepared, but the

planning can also be based on a Council decision, requests from a commu-

nity or from a private developer.

A Local Area Plan must take into account the content, proposals and

requirements specied in the Integrated Development Plan.The Local Area Plans can be prepared for community areas, sub-districts,

wards and suburbs. It may deal with new housing areas, upgrading of informal

settlements, industrial zones and city centres or other specic land uses or

developments. It may be applied for private development initiative, traditional

or customary land, for infrastructure or other service facilities as well as for the

protection of environmentally, culturally or historically valuable areas.

In cases where a community has initiated or requested the preparation

of a Local Area Plan, it is particularly important that the views, issues and

concerns of that community are taken into consideration.

If the Local Area Plan preparation nds that the conditions warrant a

deviation from the IDP, it may require a review or amendment to the IDP.

Local Area Plans will

Take into account the content, policies, objectives and proposals of the

Integrated Development Plan

Be directly linked to implementation and nancial planning

Indicate infrastructure and other service requirements such as roads,

clinics and cemeteries

Provide a basis for property demarcation, cadastral survey and land

tenure registration

Take into account other planning initiatives and proposals in the neigh-bourhood


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Provide for adherence to Planning Guidelines

Involve the public, communities and other stakeholders in a participatory

approach.

Content of Local Area Plans

Similarly to the IDP the Local Area Plan will consist of a Planning Survey,

Plan Proposals in the form of a written statement, Plans and Illustrations and

Key Performance Indicators. As a Local Area Plan aim at immediate imple-

mentation the documents most likely will be more detailed.

The Local Area Plan will cover the following:

1) Planning survey

Spatial and economic characteristics

Population and demographic structure

Communication and transport systemAssessment of existing conditions and effect of any changes

Description of the applied planning process

Description of the consultation process

Strategic environmental assessment.

2) Plan proposals in a written statement

Development objectives, priorities and strategies

Spatial development framework

Improvements in terms of environmental, social and economic aspects

Demarcation of protection zones for environmental sensitive areas

Financial plan and cost estimates

Relationship to neighbouring areas

Implementation programme

Report of the consultation process

Local Area Plans can deal with

new development and upgrading of

informal areas.


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Local Area Plans aim at immediate implementation and the effects of the proposals will bemore directly obvious to people.

Assessment of existing development and assets

Identication of built-up areas of cultural and historical value.

3) Plans and illustrationsThese can be plans, drawings and other illustrations that will show the

intended development in a way that make it easier to understand the propos-

als and the results.

4) Key Performance Indicators

The performance indicators are meant to make it possible to measure and

assess to what extent the development objectives have been achieved. They

will also be useful tools in monitoring and review of the implementation.


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The Local Authority may prepare Sectoral Local Plans to

support development within its area of jurisdiction.

Sectoral Local Plans may include action area plans and district

layout plans directing land use for development such as

infrastructure and service provision, health and education,

housing and economic development

communication, transport, waste management water and

sanitation

agriculture, wild-life management, forestry and tourism.

Glossary

Sectoral

a specic planning and develop-ment issue

Sectoral Local Plans

The new legislation will make it possible for the Local Authority to prepare

plans that deal with special aspects or issues. These are called Sectoral Local

Plans. The reason is to ensure that the plans and programmes prepared by dif-

ferent district departments or other government authorities are in line with the

Integrated Development Plan. It will be important for the different authorities

and departments within the local administrative structure to work together.

Sectoral Local Plans should be prepared following the same process and

outline as Local Area Plans.

Planning Agreements

In order to facilitate the implementation of an Integrated

Development Plan a Local Authority may enter into planning

agreements with one or more traditional leaders or chiefs.

The Minister may in consultation with the Republican Presi-

dent order a Local Authority and Traditional Leaders to enterinto a Planning Agreement, if it is considered to be a matter

of national interest.

Planning agreements may deal with the identication of land under custom-

ary law and for which special standards or procedures will be needed. It will

also be possible under such an agreement to outline which planning applica-

tion will be handled by the chiefs. The procedures for communication and

decision-making in planning issues and land development that will involve

traditional leaders may be covered by such agreements.


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THE PLANNING PROCESS

Every Local Authority must initiate the planning process by

a Council resolution directing the Planning Committee to

prepare or review an Integrated Development Plan or by

similar Council resolution endorse a valid Integrated Develop-

ment Plan.

If the Local Authority does not have a Planning Department

or lacks the capacity, the resolution will be directed to the


The Planning Process consists of a number of phases: programming phase,

plan preparation phase and implementation phase and plan review. The

proposed Bill emphasises the links between the different phases and the

sequence of actions necessary for efcient planning and implementation.

The focus is also put on the need for involvement of the public, civic

organisations, interest groups, NGOs and CBOs and other stakeholders from

the very beginning of the process. Public participation and consultation will

take place all the time and at every stage throughout the planning process.

The planning process must be based on a Council decision, although there

may be requests from other actors such as communities, private developers or

Glossary

Publicparticipation

involving members of the publicin coming up with area plans

Consultation

allow comments and other

contributions from the public andother stakeholders

Stakeholder

different types of people repre-senting different groups that willbe affected by the developmentsin the plan

NGO

non-governmental organisation

CBO

community-based organisation

Planningprogramme

a document that describes thebackground, goals and objec-tives and the work programmefor planning

Planpreparation

the process applied for theformulation of proposals and theland use framework design

Implementation

realising the plan proposals andcarrying out decided actions

Planreview

checking and changing some ofthe things or making corrections

in the plan to cater for newneeds

The involvement of the public from the very beginning of the

planning process is promoted by the new Bill. The rst contact

may be through a baseline study.


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PlanReview

2Planning

1Programming

3Implementation

PlanReview

2Planning

1Programming

3Implementation

PlanReview

2Planning

1Programming

3Implementation

The planning process has three

main phases that are linked to

each other and are repeated

over time. The Plan Review is

the start of a new process.

central government, especially for LAPs. The Local Authority must publish

the resolution in a newspaper for information to the public and also inform

the Minister.

The instructions to prepare a plan will be given to the Planning Com-mittee or, if the Local Authority lacks the capacity to prepare a plan, to the


Regarding the preparation of the IDP, the elected Council must within a

period of 6 months after the election initiate the process to prepare or review

the existing IDP.

For the preparation of Local Area Plans and Sectoral Local Plans the

Local Authority will similarly initiate the planning process through a Council

resolution directing the Planning Committee to prepare the plans.

Community members can inuence the planning by

giving views and information.


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Planning Programme

Glossary

Goals

the overall purposes of the plans

Objectives

the means and measures toachieve the goals

Issues

aspects and concerns that willbe addressed in the plan

Planningdepartment

the administrative unit within

the Local Authority in charge ofplanning

The Planning Committee shall prepare a planning programmeprepared by the Planning Department that will identify

goals, objectives, needs and issues

detailed work programme for the inputs by the Planning

Committee and any other actors to be consulted

identify the planning requirements binding on the Local

Authority

methods, means and schedule for public participation and

consultation.

The Planning Committee shall submit the planning pro-

gramme to the Council for approval. The Local Authority must

publish the proposed planning programme and display notices

relating to the programme.

The Planning Committee will have the duty for programming and plan-

ning, but in practice the Planning Department of the Local Authority will

undertake the tasks. The Planning Programme will describe the purpose of

the plan and what it should achieve, but also the conditions and requirements

that will inuence and guide the preparation of the plan. It will result in a

work programme and description of the tasks to be carried out.

Already at this stage the way in which the plan can be implemented

should be considered. The programme will also include a schedule for public

participation, community involvement and stakeholder contributions. The

community involvement will be particularly important when the initiative to

prepare a plan arises from the community.

The Planning Programme must be published (that is, it must be shown to

members of the public through radio, television, notice boards, etc.) and the

Planning Committee must make it easy for the public to review the Planning

Programme and to make comments. Comments and submission from thepublic will be encouraged. The programme will be submitted to the Provin-

cial Planning Authorities for comments, after which it will be adopted by the

Council of the Local Authority.


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Consultation and participation may include different activities, such as hearings,drama, dancing and other performances.

Plan preparation process forIntegrated Development Plan

The IDP must be prepared in accordance with the Planning

Programme.

The plan must be aligned with planning in neighbouring

Local Authorities.

The Local Authority must consult with Traditional Authorities

in respect of land under customary tenure.

During the preparation period the public, communities and

other stakeholders must be given opportunities to submitcomments and objections.

The Planning Committee must inform the communities and stakeholders

how the plan will be prepared and inform about the opportunities for partici-

pation and involvement in the process. The different occasion for publication

and participation will have to be announced. During the entire plan prepara-

tion period there will be opportunities for the public, communities and other

stakeholders to comment and submit views and proposals. The Planning

Committee will be responsible to ensure that such contributions are takeninto account.

The Planning Department of the Local Council will have a multisectoral

structure to make sure that the IDP will be a planning tool for truly integrated

development and operation.


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Participation and Consultation during planpreparation

The Planning Committee and the Planning Department within the Local

Council must use a variety of methods to reach out to the public, communi-ties and other stakeholders depending on which areas and groups will be

addressed. Contact with the people will take place during the data collection

stage, baseline surveys, presentation of ndings in meetings, during initial

planning stages, and during nal formulation of plan proposals.

The Planning Committee through the Planning Department will under-

take consultation and closer cooperation with neighbouring local authorities

to ensure that proposals are compatible with other planned development in

the surroundings. At the same time, it will be important to work with Central

Government and other authorities so that national, regional and sectoral

interests are taken into account and that Planning Guidelines are taken care

of. These other authorities may include ministries and departments or agen-

cies specialised in agriculture, forestry, environment, infrastructure, roads

and social services.

Consultation on the draft Integrated DevelopmentPlan

The Planning Committee must publish the draft IntegratedDevelopment plan for public scrutiny.

The draft Integrated Development Plan must be available for

public scrutiny for 30 days.

The Local Authority must give public notice and publicly

exhibit the Integrated Development Plan.

The formal consultation will include publication in a newspaper, display of

a notice informing the public about the opportunity to review the plan. It

will be possible for the Local Authority to arrange exhibitions, presentationsessions and public hearings.

The public notice will explain that the Planning Committee recommends

the adoption of the Integrated Development Plan and that it is available for

inspection. The notice will give the contact details and schedule of public

meetings.

Stakeholders and the public will be given the chance to submit com-

ments, objections or other submissions during the 30 days of public consul-

tations. Objections may be heard in public hearings and must be considered

by the Planning Committee and the Planning Department.


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Adoption of the Integrated Development Plan

The Local Authority will adopt a single, inclusive IntegratedDevelopment Plan for the development of its area and submit

a report to the Minister within 30 days of the date of adoption.

The adoption of the Integrated Development Plan assumes that the plan has

been publicised in a newspaper, exhibited publicly and been subjected to

hearings. The stakeholders and general public have had the chance to submit

comments and objections.

The Local Authority will submit the nal version of the Integrated Develop-

ment Plan to the Minister. The submission will include:

The Integrated Development Plan

Details of objections and responses

Report of public hearings

Report about the consultation process

Comments about the adherence to the National and Regional Planning

Guidelines.

The Integrated Development Plan will be the basis for implementation and

other decisions of the Local Authority. It will be used for more detailed

planning and in project identication and implementation as well as for

budgeting and will therefore need the total support of the Local Council.

Announcing the public meetings and

reaching out to communities can be achieved

with audio and visual means.


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Powers of Minister to call in Plans

The Minister may call in the Integrated Development Plan or

any Local Area Plan

if it contravenes National and Regional Planning Guidelines

or other national or regional strategies or policies

if the plan making process has ignored procedural require-

ments such as the resolution to initiate the planning

process, public participation, submission of objections,

consultation with authorities etc.

The Minister can get involved only if the Local Authorities do not carry out their

tasks in accordance with the law and the regulations related to the law. This may

refer to content, programme or process for the preparation of the plan.

If the Minister takes over the plan preparation, it must follow the same

process as describe for the Integrated Development Plan prepared by the

Local Authority. The nal IDP will be approved and adopted by the Local

Authority.

Plan Review and Amendments of the IntegratedDevelopment Plan

Glossary

Review

carrying out a study to nd out if

there is need to change anythingin the plans

A Local Authority must review its Integrated Development

Plan every third year in accordance with an assessment of its

performance indicators.

A Local Authority may amend or update the Integrated

Development Plan following the three-yearly reviews or more

frequently.

The review will ensure that the plan meets the changing demands of de-

velopment and that it is in line with the goals and objectives as well as the

capacity of the Local Authority to implement it.

Amendments may be necessary due to infrastructural demands, urgent

housing development needs, community requests or earlier mistakes done in

plan preparation.

The review or amendment of the Integrated Development Plan should in

principle follow the same process as set out for the rst Integrated Develop-

ment Plan.


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Preparation of Local Area Plan

Where the Local Authority has resolved that a Local Area

Plan shall be prepared, either due to the recommendations

included in the IDP, the identied needs or on the request of

a community, the Local Authority shall

issue a notice to the Planning Committee to prepare a Local

Area Plan for a specied area

deposit such notice to the Provincial Planning Authority for

information.

The Local Authority shall develop a Planning Programme,

prepare the Local Area Plan according to the same proc-

esses and with the same requirements as for the Integrated

Development Plan.

The preparation of Local Area Plans shall follow the same process and

meet the same requirements in terms of programming, plan prepara-

tion, participation and consultation as is specied for the Integrated

Development Plan. Thus the Local Authority through the Planning

Committee and the Planning Department will be responsible for the

planning process. The Planning Programme will outline the process,

identify the planning requirements and stakeholders and suggesting

the means for consultation and participation much in the same way as

for the overall Integrated Development Plan. It will be more detailed

and precise as it deals with a limited area of a community, neighbour-

hood, sub-district or a ward.

The Plan Preparation will require close cooperation and consulta-

tion with communities and other stakeholders as they will benet or

be affected in a more direct way by the implementation of the Local

Area Plan.

A Local Area Plan will be adopted by the Council of the LocalAuthority and a report submitted to the Provincial Planning Authority.

It is however important to note that the Local Area Plan must be in

line with the recommendations and proposals of the Integrated Devel-

opment Plan. If it is found that the conditions or requirements call for

a deviation from the IDP, the Local Authority shall consider a review

or amendment to the IDP.

The Local Area Plan is more directly linked to implementation and

these plans should therefore be more detailed, include detailed cost

estimate and provide implementation guidelines.

Community involvement and stakeholder participation is likely to

be more intense and will require even more attention, as proposals will


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be more concrete and scheduled for implementation. All concerned people

should be given sufcient opportunities to participate and contribute their

views. There may also be a need for recommendations regarding institutional

arrangements or development agreements in particular in relation to imple-mentation.

In many cases the Local Area Plans may be initiated by a community,

in which case the planning process needs to take into account the active

involvement of such a community.

Local Area Plans will most likely get great attention and

provide opportunities for planners to reach out to members

of the communities. Workshops and on-site meetings are

methods for community involvement.

Glossary

Notice

a written statement to direct thePlanning Committee to start the

planning process and a state-ment informing the provincial

authorities about the intention toprepare a plan


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Partnership with Private Developers

The Local Authority may enter into partnerships for plan

preparation, implementation, operation and maintenance

related to areas covered by Local Area Plans.

A private developer may prepare and submit a Local Area

Plan that complies with the Integrated Development Plan and

the procedural requirements for Local Area Plans.

Local Authorities may form partnership with private developers for thepreparation of Local Area Plans for specic areas. The agreements may

cover programming, planning and implementation. Any such planning and

development project must follow the same procedures and meet the same

requirements as any Local Area Plan prepared by the Planning Committee

of a Local Authority. Partnerships can also be used for actual construction,

operation and maintenance for instance for streets, open space and waste

collection and other services.

If a private developer wishes to prepare a Local Area Plan, it must be in

an area that the IDP has identied for development. The proposals must be in

line with the principles and intentions shown in the IDP. The private devel-

oper must prepare the plan in the same way as any other Local Area Plan and

it needs to be approved and adopted by the Local Council.

Joint Planning Initiatives

Glossary

PrivateDeveloper

a registered company orindividual who plans to carry outconstructions or either buildings,roads or any other developments

but who is not a governmentagency

Two or more Local Authorities may by written agreement

prepare Integrated Development Plans jointly.

When development is planned for areas covering more than one Local Author-

ity, the Urban and Regional Planning Bill proposes joint administration of

planning and development. This will require specic agreements and also

institutional arrangements. In most cases such needs will occur in the develop-

ment of major cities. However, it can also be used to facilitate development in

more rural settings, where a number of Local Authorities share resources and

development opportunities.


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Provincial Supervision

The Provincial Planning Authority will support the Local Authorities to carry

out their planning duties, but also control that the content and processes

meet the demands of the law. It will also control that national and regional

interests and policies are properly taken into account in the plans and thatthe public, communities and other stakeholders have been involved in the

planning process. It can play an facilitating and coordinating role for Joint

Planning Initiatives and in formulation of regional development strategies.

The Provincial Planning Authority will play an important role to support

Local Authorities that lack capacity. In particular during the transition period

it is envisaged that the provincial authorities will engage in training of staff

and the introduction and establishment of the new procedures.

The Provincial Planning Authority has the responsibility to

monitor the process followed by Local Authorities

assist Local Authorities in any planning tasks, in cases

where Local Authorities lack capacity

facilitate coordination and alignment of Integrated Develop-

ment Plans of different Local Authorities

facilitate alignment of Integrated Development Plans with

plans, policies and strategies of national and provincial

organs

facilitate and guide joint planning initiativesensure that consultation with communities and stakehold-

ers has been carried out adequately

ensure consultation with the Ministry responsible for

nance.


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PLANNING APPLICATIONS

The new proposed Bill provides for two types of planning applications

Development Permits

Plan Variation.

Planning permission from a Planning Authority is required for

the carrying out of any development or change of use of land,

including subdivision of land.

New technologies and improved management

will be required to achieve the objectives of

more efcient and simplied planning applicationprocedures.


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Development Permits

A person must submit an application for a Development Permit to the Plan-

ning Department of the Local Authority.Development Permits may be used for development proposals that are in

accordance with the adopted Integrated Development Plan or any Local Area

Plan.

As plans are prepared with emphasis on participation and consultation, the

opportunities that the plan provides and restrictions that it includes, should

be well known. It will therefore also be easier for investors and developers to

adjust their proposals to the adopted plans. This will be encouraged by a more

simplied handling of the planning applications that follow the plans.

The Planning Department will notify the Planning Committee and ask for

the chairpersons support for the issuing of the development permit.

The Development Permit can on this basis be issued directly by the Plan-

ning Department of the Local Authority and should be decided upon within

28 days.

In considering the application for a Development Permit the planning

department must ensure that the Planning Guidelines, the Integrated Develop-

ment Plan, Local Area Plans and other planning requirements are adhered to.

Plan Variation

Application for a Plan Variation will be needed when a development pro-posal deviates from the proposals and recommendations of the Integrated

Development Plan or any Local Area Plan.

This may refer to change of use, subdivisions, difference from height or

coverage regulations or the size of the planned development. The application

will in this case be handled by the Planning Committee and will require

detailed assessment and scrutiny as well as consultation.

Before submitting the application the applicant for a Plan Variation must,

Notify in writing all owners and occupier of property adjacent to the land

to be developed

Consult with concerned stakeholders

Publish a notice in newspapers

Post a notice on the land to be developed.

The application shall include

Description of the project

Nature of the deviation from adopted plans

Reasons for the proposed change

Plans showing the intended development

Decision on the application made by the Environmental Council of

Zambia

Evidence of consent of neighboursDescription of any objections received.


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A Plan Variation may only be approved if the Planning Committee is

convinced that the proposed development satises public interests and good

environment.

When considering the application the Planning Committee will make surethat consultation has taken place, all objections are registered, other related

developments are taken into account, and that infrastructure needs have been

regarded.

It is also important to assess if the Plan Variation will lead to a need for

review or alteration of the IDP.

The Planning Committee shall take a decision within 90 days and al-

low for those concerned to submit appeals against the decision. Where the

committee does not decide within this period of time the plan variation will

be considered as approved.

The Planning Committee may give conditions for the approval and

explain the reasons for approval or refusal.

In considering the application for a Plan Variation the Planning Committee

must

Verify the consent of stakeholders

Take into account land use plans and other land use legislation

Regard the recommendations of the planning department

Take into account the needs for public utilities and environmental protection

Regard the impact on the IDP and Planning Guidelines in terms of review

requirements.

An advertisement board informing the public about intended development

is part of a more transparent and participatory planning administration.


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Appeals against Planning Decisions

If a person is dissatised with a decision by the Planning Committee may

send an appeal to the Planning Appeals Tribunal. Such an appeal must besubmitted within 30 days after the publication of the notication of the

decision.

Report and Registers

The Planning Department will report on all applications for Development

Permits to the Planning Committee once every quarter.

The Planning Committee must report on all Plan Variations to the Council

and to the Provincial Planning Authority every quarter.

The Planning Committee shall keep a record of all Development Permits

and Plan Deviations that are processed and submit reports to the Local

Authority and the Provincial Planning Authority.

Notices regarding planning and development project should be

available at the Local Authority, Planning Department.


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PLANNING CONTROL ANDCOMPENSATION

Planning control and compensation deals with the practical enforcement

of the decisions taken by the Planning Committee. This is also an essential

part of the implementation of plans and a way to ensure quality in the built

environment.

Planning Control

Each Local Authority must have a Planning Inspector who will be responsi-

ble for planning control and enforcement.

In most Local Authorities and in particular in cities and towns there will

be need for a number of planning inspectors and additional administrative

staff.

If development takes place without a development permit or an approved

application for Plan Deviation, the Planning Inspector will have the right to

take action on behalf of the Local Authority, and

Issue an enforcement notice

Impose conditions to ensure compliance

Require actions to change or remove the development

Require that the land is restored.

If a person does not do what he or she has been told to do in the enforcement

notice the Local Authority has the right to take action and the person can be

charged a ne.

A person who has received an enforcement notice but does not agree with

what the notice tells him or her to do can appeal to the Planning Appeals

Tribunal.

Compensation

If a person incurs expenses that are due to revocation or modication of aplanning decision, he or she will be entitled to compensation.

However compensation will not be paid for

Work carried out before permission was granted

Development in areas unsuitable for the use intended in the application

Development that is not in line with the Integrated Development Plan or

any Local Area Plan.

Glossary

Enforcement

carrying out actions based ondecisions taken by the Planning

Authority

Enforcementnotice

a notice issued by a planningauthority conrming that a build-ing or change of use is illegaland must stop immediately

Compliance

obeying the laws and rules

Revocation

the complete cancellation of aprevious decision

Compensation

payment of money to make good

the damage or loss suffered asthe result of a decision or action


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GENERAL PROVISIONS

The sections under General Provisions deal with regulations, guidelines and

notices. These are issues in terms of the legislation that will be the responsi-

bility of the Minister.

Regulations

The Minister may issue regulations for

Local Planning Authorities

Provincial Planning Authorities

Planning Committees

Planning Appeals TribunalsCompensations

Planning Applications


Local Area Plans

Sectoral Local Plans

Upgrading of Informal Settlements.

The new Urban and Regional Planning Bill promotes urban and rural development and protects

natural resources and national and regional assets.


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notes


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notes


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urban and regional planning bill.pdf

Documents