PLANNING SYSTEM, FRAMWORK AND PLANNING

PROCESS IN ZAMBIAPresented by

Christopher Msipu Phiri

Location◦ South Central part of Africa◦ Landlocked Country with eight neighbors

Size◦ 752 614 Km2

Population◦ 13.2million

Background Information

Administrative Structure

◦ Central Government◦ Provincial Administration◦ District Administration◦ Local Govt

Background Information

Zambia

Historical Information

◦ British colony until 1964

◦ Implication Most legislation borrowed from the British This includes Current Planning Act -Town and Country

Planning (Amendment) Act No. 21 of 1997 (T&CPA), which is largely based on the first Town & Country Planning Act of 1962.

Background Information

Planning System◦ Consists of various actors with varying functions

&authority regarding spatial planning.

Actors include◦ Minister of Local Govt &Housing◦ Director of Physical Planning & Housing◦ City and Municipal Councils

(These are recognized planning authorities under the law-Town &Country Planning Act)

Planning System

Other entities◦ Zambia Wildlife Authority (ZAWA), ◦ the Minister and Director of Health, ◦ Zambia Environmental Management

Agency( formerly Environmental Council of Zambia,

◦ the Tourism Board and ◦ the Minister of Mines.◦ Ministry Of Agriculture & Livestock◦ Office of the Vice President◦ Ministry of Lands

Planning System

Other entities◦ It also includes the Town and Country Planning

Tribunal authorised to hear and adjudicate appeals against planning decisions.

◦ Traditional authorities exercise planning functions in areas outside the State land areas.

◦ Zambia Institute of Planners (for advisory role on certain matters-(though not active)

The Zambian planning system is thus characterised by a multiplicity of actors.

Planning System

Minister◦ to appoint planning authorities and to delegate functions

to the Director of Physical Planning and Housing, provincial or local authority or other authority;

◦ order the preparation of structure, regional and local plans and to approve, revoke or modify such plans;

◦ approve or reject applications for subdivision, development of land or change in land use

◦ refer appeals against rejection of applications by planning authorities for development, subdivision of land or change in land use to the Town and Country Planning Tribunal;

◦ recommend the acquisition of reserved land for development purposes and to attend to the payment of compensation whenever required;

◦ to ensure enforcement of planning control.

Responsibilities of Actors

Director of Physical Planning and Housing,◦ Public Officer in charge of Town and Country Planning and

who the Minister can designate as a strategic planning authority. Thus the authority for land use planning formerly concentrated in the hands of the Minister in the 1962 T&CPA is to a certain extent shared with the office of the Director following the 1997 amendment.

◦ The Director acts as a link between central government and local authorities in respect of spatial planning.

◦ Director’s responsibilities are primarily in respect of local plans. The Director can direct a planning authority to prepare a local plan, conduct a public inquiry on objections made in respect of the local plan and approve it.

◦ The Director also approves alterations to the local plans.

Responsibilities of Actors

Planning Authorities Appointed by the Minister of Local Govt & Housing Planning Authorities include;

◦ City and Municipal planning authorities and ◦ Provincial planning authorities.

The functions of the provincial planning authorities extend to planning functions covering planning areas where the district council is not a planning authority.

Perform planning functions delegated to them by the Minister under the TC&P Act (For instance, considering applications for development or subdivision of land.

Responsibilities of Actors

Government &Planning Structure

Levels of Govt Planning Authority

Central Govt◦ Minister. of Local Govt &

Housing◦ Director of Dept of

Physical Planning& Housing Provincial

Administration◦ Department of Physical

Planning &Housing District Administration Local Government

Principal mandate holder ( planning function under the TC&P Act)

Provincial Planning Authority

(members drawn from different sectors)

City and Municipal Planning Authorities

The planning framework consists of different types of development plans with different requirements in termsof detail.

The Act describes the kind of plans that can be made. ◦ Regional Plans prepared by regional planning

authorities; ◦ Structure Plans and ◦ Local Plans

(which may be prepared by the planning authority on the directive of the Minister or Director).

Planning Framework

Contents of a Structure plan The structure plan includes

◦ a written submission by the planning authority stating the policy and

◦ general proposals for development in the area including

◦ management of traffic. The policy has to include current policies

with respect to economic planning and development of the region.

Planning Framework

Local Plans Local plans may be prepared by a planning

authority under the direction of the Director It includes the proposed detailed plans of private

developers. The intention to prepare a structure or layout plan

is advertised for public scrutiny. Structure plans have to be approved by the

Minister These layout plans are the basis for zoning of

land, location of infrastructure, development / expansion areas and development control.

Planning Framework

The planning process consists of the steps taken in the preparation of regional, structure, local and other plans; the process for granting permission for development of land, change of land use or subdivision of land; and the process of development control as provided for under the Acts.

The regulations in the Act provide for the form, content and procedure for the submission and approval of development plans. Regional and structure plans may be prepared on a directive by the Minister and local plans on the directive of the Director to a Planning Authority to prepare such plan or upon an application by a Planning Authority to do so.

The Act requires an intention to prepare a plan to be publicised for public scrutiny prior to the actual preparation of the plan.

Objections or comments may be made to the Planning Authority or Minister within a period of twenty eight days following the first publication of the notice. The Planning Authority may agree with the objector to meet the objections or to withdraw them and notify the Minister accordingly.

Planning process

Public participation is thus limited to response to gazetted notices or advertisements of intentions to prepare plans or the notification of the Planning Authority’s application for approval of structure or local plan. 

The Minister has authority to order a public inquiry on the basis of an objection.

The authority to approve regional and structure plans lies with the Minister and that of approval of local plans lies with the Director.

The Minister is obliged to give notice to the planning authority of the approval granted or rejection made.

The Planning Authority then makes a public notification of the Ministers decision and serves same on the objectors.

The approved plan is a public document that is required to be published for sale.

The planning process also provides for the acquisition of land to be included in a structure or local plan by the President under the terms of the Lands Acquisition Act on recommendation of the Minister.

Planning process

Development of Land The second part of the planning process relates to

permission required for development, change of land use or subdivision of land (Discuss examples)

The Minister is authorised to make regulations for the applications for development permission, change of use and subdivision.

Applications for the subdivision of agricultural land or for agricultural use outside the planning area have to be submitted to the Zambia Environmental Mgt Agency before decision is made by planning authority

Planning process

The Minister can stipulate by regulations with regard to the kind of development that needs permission.

This allows the Minister to revoke, modify or withdraw permission granted for development, change of use or subdivision of land.

Where the Minister revokes withdrawals or modifies a Development Order, compensation for expenses incurred by the developer as a result of this action has to be paid.

Permission for development in Statutory and Improvement Areas is granted by the council

Planning process

Housing (Statutory & Improvement Areas) Act

National Housing Authority Act Public Health Act

◦ has provisions relating to sanitation and housing that permit the council to control development that is injurious to public health and demolition of unfit dwellings.

◦ The Pubic Health Act also permits the Minister of Health to select and appoint sites for cemeteries

Other Important Legislation

Inadequate Planners Inadequate resources (money) for plan

preparation Delays in approval of Structure plans Process still considered too technocratic Public participation still limited Too many actors in spatial planning with

less coordination in activities

Challenges

Due to stated challenges and other reasons, new Urban and Regional Planning Legislation is underway!

Thank you so much for your Attention! The end