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The Physical and Land Use Planning Regulations,2021.

  • The Physical and Land Use Planning (Development Permission and Development Control) (General) Regulations 2021.

These Regulations govern the submission of applications for development permissions highlighting the requirements for submission, the procedure used in processing the applications and the monitoring and inspection mechanisms as well as enforcement actions. Key development permissions highlighted in the regulations are change and extension of user, extension of lease and renewal of lease, subdivision and amalgamation, easements, wayleaves and riparian reserves.

  • The Physical and Land Use Planning (Outsourcing Professional Services) Regulations, 2021.

The Regulations provide for the procuring of consultant(s), a registered and practicing physical planner, to provide professional physical and land use planning services of an intellectual, technical, or advisory nature. Where consultants are engaged, they are to be guided by the Regulations in terms of factors to consider when costing for the development of a Physical and Land Use Development Plan.

The main costing elements are clustered into (a) public participation – publications and stakeholder workshops; (b) personnel – hiring of planning department personnel; (c) tools and equipment – procuring computers, GPS, software, plotters, printers, servers, internet, vehicles and setting up a GIS laboratory; (d) data acquisition – socio-economic data, mapping information (satellite images, aerial photography, topographic information); (e) work sessions/technical workshops – expert work sessions; (f) packaging, printing and dissemination; and (g) logistical costs – transport, daily subsistence allowance (per diem), airtime and lunch allowances.

  • The physical and land use planning (development control enforcement), regulations 2021. 

The Regulations provide for enforcement teams who are tasked with inspecting buildings and works checking the compliance status. In case of non-compliant buildings or works an Enforcement, Notice shall be issued outlining the non-compliance and the required action and the developer is expected to comply failure to which a penalty may accrue or even an order for demolition.

It is thus important to ensure that in any undertaking of a development project that one has complied in terms of procuring the required licenses and approvals to avoid being found non-compliant when such inspections are conducted.

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