Town and Country Planning

TOWN AND COUNTRY PLANNING DEPARTMENT

INTRODUCTION
The Metropolitan Unit of the Town & Country Department is mainly concerned with the preparation of planning schemes (layouts) for public and stool lands and the formulation of policies to direct and guide the spatial growth and physical development of Kumasi Metropolis; and the management of development to achieve orderly and sustainable physical and socio-economic development of the Kumasi Metropolitan Area.

PROFILE
The Town and Country Planning Department was established in the mid 1940’s with the promulgation of the Town and Country Planning Ordinance, Cap 84, 1945.
The Department was established as a central government organisation with regional and district branches.
Decentralised Department of District Assemblies under Local Government Law, Act 462
The Kumasi Metropolitan Unit of the Town and Country Planning Department , as
mandated by the Ordinance Cap 84 and Local Government Act, Act 462 1993 has the
vision of attaining orderly and sustainable physical and socio-economic development of
the Kumasi Metropolitan Area.

VISION
Promote The Orderly, Harmonious And Sustainable Spatial Development Of Kumasi As The
Garden City.

MISSION
Co-Ordinate Actions To Enhance Proper Land use Planning And Development
Promote Implementation Of Planning Schemes (Planning & Building Regulations Application)
Sustain Public Education And Awareness Creation On Physical Development Issues

Functions of the Department
The Department carries out its responsibilities through:
The formulation of broad policies and plans relating to the use and development of land.
Preparation Of Structure And Detailed Plans To Guide Planning And Development
Secretariat For The Management Of Physical Development (Kumasi Planning Committee)
The preparation of regulatory detail plans and proposals to direct development and growth of
settlements.
Controlling and monitoring the diverse physical developments promoted by all developers to
ensure compliance with settlement plans and policies.
Development promotion through advice on planning and development to government
agencies, private organisations, groups and individuals.

FUNCTIONS OF PROFESSIONAL AND TECHNICAL STAFF.
Professional staff

Metropolitan Director

He is the Unit Head and therefore serves as coordinator of all activities within the department.

Planning Officers

They carry out site inspections, Preparation of planning schemes, Vetting of development applications, Represents the Department on various Committees in Kumasi Metropolitan Assembly etc.

Technical Officers

They are responsible for the scaling of drafted planning Schemes for approvals.

DAY TO DAY ACTIVITIES OF THE DEPARTMENT.
In practice the Department exercises control over development in the following way:-
i. Rezoning and change of use of planned land use sites.

ii. Receiving and vetting of development applications.

iii. Responding to petitions from the public related to planning and development.

iv. Rectification of old plans affected by new major developments.

v. Advising the general public and the Assembly in matters relating to physical development.

vi. Revision of existing planning schemes.

RELEVANT LEGAL PROVISIONS TO LAND MANAGEMENT
Some detailed legal provisions relevant to land management are as follows:

i. “No physical development shall be carried out in a district without prior approval in the form of written permit granted by the District Planning Authority” – Acts 462 Sec. 49 (1)
ii. An allocation of land shall be null and void if the purpose or use for which the allocation is made is contrary to the provision of the approved development plan….
iii. “Any person, who allocates, transfers, sells or develops land for a use or purpose that is contrary to an approved development plan, settlement structure plan, action plan or programme commits an offence….” Act 462 Sec. 6 (12).
iv. “Every person shall, before constructing a building or other structure or undertaking any work, obtain a permit from the District Planning Authority may consider necessary” – Act 462 Section 64 (1).
v. “Where:-
a. Physical development has been or is being carried out without a permit, contrary to the Act; or
b. Conditions incorporated in permit are not complied with …….the District Planning Authority may carry out the prohibition abatement; alteration, removal or demolition and recover any expenses incurred from the owner of the Land….Act 462 Sec. 52.
vi. “A District Planning Authority may without prior notice effect or carry out instant prohibition, abatement, alteration, removal or demolition of any unauthorized development carried out or being carried out that encroaches or will encroach upon a community right of space, will interface with the use of such spaces” – Act 462 Sec. 55.
vii. “Any person who intends to erect any building: or
Make any structural alteration to any building; or
Execute any work or install any fittings in connection with any building shall apply…….to the District Planning Authority” LI 1630 Sec. 2
An applicant………shall satisfy the District Planning Authority that he has good title to the land relevant to the plans – LI 1630 Sec. 3 (1).
viii. “The applicant shall also submit to the District Planning Authority a certificate signed by a Licensed Surveyor to the effect that the corners of the plot on which the building or work is to be carried out have been demarcated on the ground in a permanent manner in accordance with the site plan” – LI 1630 Sec.
ix. “Where a person submits an application for a building permit, the District Planning Authority shall notify him within seven (7) days of the receipt of the application and shall within a period of 3 months thereafter notify the applicant whether the application is granted or refused”. An applicant not informed of the grant or refusal of the application may after the expiry of the 3 months commence development on the basis that application is acceptable to the District Planning Authority – LI 1630 Sec. 8 (1,2)

DEVELOPMENT MANAGEMENT AND IMPLEMENTATION OF PLANS
The Statutory Planning Committee of the TCPD is not directly responsible for implementing the plans prepared for the District Assemblies. It is mainly the responsibility of the Metropolitan / Municipal and District Assemblies to construct roads and develop public amenities proposed in the Committee’s approved plans; and ensure that:-
a. Building Permit is obtained for every development.
b. Development is carried out in accordance with the approved plans.
c. Action is taken against those breaking the law.

COLLABORATION / LINKAGES.
The Department collaborates with several institutes and actors in the performance of its functions and activities. Notably among them are the
Lands Commission,
Land Title Registry,
The Survey Department,
Works and Health Department of the District Assemblies.
Customary land owners,