Planning Legislations in Nigeria

Presented byAbubakar Shehu Rufai

INTRODUCTIONAny societies that lack laws and order are doomed to chaos and failure. Any society with law and order in place but lacks effective implementation are also vulnerable to chaos and crises. Planning laws and ordinance are in place to control and regulate development and also to maintain perfect health of the society through their effective implementationLegislations are laws which have been promulgated by a legislature or other governing body or the process of making it. Before an item of legislation become a law it may be known as a bill.Legislations are usually proposed by a member of the legislation or executive or any member of the public.

NIGERIAN URBAN AND REGIONAL PLANNING ACT

The Nigerian Urban and regional Planning Act of 1992 came into being on 15th December, 1992 by the then military administration of General Olusegun Aremu ObasanjoThe act was created so as to ensure good physical planning system in the country provide rules and regulations concerning the physical development in the country.The Nigerian Urban and Regional Planning Act of 1992 constitutes of 92 sections that are headed under six (6) parts.

PARTS OF THE ACTPART I: Plan preparation and administration (section 1-26)PART II: Development control (section 27-63)PART III: Additional control in special cases (section 64- 74)PART IV: Acquisition of land and compensation (section75-78)PART V: Improvement areas: implementation, Renewal and

Upgrading (section 79-85) PART VI: Appeal (section 86-92)

PART 1PLAN PREPARATION AND

ADMINISTRATION

PART I: Plan Preparation And AdministrationThis part of the act is divided into 4 sub parts:#. Plans #. Administration #. Execution #. Procedures.In this part of the act it explains the type of plans that can be developed in all the three tiers of the government and the authorities responsible for making and implementing the plans, how the authorities can implement the plan and the procedure to be followed during all the processes.

PLAN# At Federal level there shall be: • National Physical

Development Plan• regional plan;• sub-regional plan• an urban plan;• subject plan

# At State level there shall be:• regional plan;• sub-regional plan• an urban plan;• Local plan• subject plan

# At local level there shall be• Town plan• Rural area plan• Local plan• Subject plan

TYPES AND LEVEL OF PHYSICAL DEVELOPMENT PLANS

ADMINISTRATIONThe federal government have the following (10) responsibilities under this act:• the formulation of national policies for urban and regional planning and development• the preparation and implementation of the National Physical Development Plan and regional plans

on the recommendation of the Minister• the formulation of urban and regional planning standards for Nigeria on the Recommendation of

the Minister• the promotion and fostering of the education and training of town planners and support staff• the promotion of co-operation and co-ordination among States and local governments in the

preparation and implementation of urban and regional plans• the promotion and conduct of research in urban and regional planning• the making of recommendation and dissemination of research results for adoption by user

organizations• the supervision and monitoring of the execution of projects in urban and regional planning;• the development control over Federal lands• the provision of technical and financial assistance to States in the preparation and implementation

of plans.

RESPONSIBILITIES OF FEDERAL GOVERNMENT

ADMINISTRATIONThe state government have the following (5) responsibilities under this act:• the formulation of a State policy for urban and regional planning within

the framework of national policies• the preparation and implementation of regional, sub-regional, urban and

subject plans within the State• the promotion and conduct of research in urban and regional planning• the dissemination of research results for adoption by user organizations• the provision of technical assistance to local governments in the

preparation and implementation of local, rural and subject plansA State Government shall exercise its physical planning responsibilities within the framework of the National physical development plan to ensure consistency in physical development at all levels of planning in Nigeria

RESPONSIBILITIES OF STATE GOVERNMENT

ADMINISTRATIONWithout prejudice to provisions of the 2 sections above, a local government shall have responsibility for the preparation and implementation of• a town plan• a rural area plan• a local plan• a subject plan• the control of development within its area of jurisdiction other than

over Federal or State lands.

RESPONSIBILITIES OF LOCAL GOVERNMENT

EXECUTIONFor the purpose of initiation, preparation and implementation of the nation physical development plan, the federal, state and local governments shall establish and maintain planning authorities. This authorities are:• National Urban and Regional Planning Commission• State Urban and Regional Planning Board in each of the States of the

Federation and the Federal Capital Territory, Abuja• Local Planning Authority in each local government areas and the area

councils of the Federation

FUNCTIONS OF EXECUTIVES

Functions of executivesNational Urban and Regional Planning Commission

• the formulation of national policies for urban and regional planning

• the initiation, preparation and implementation of the National Physical Development Plan, regional and subject plans

• the establishment and maintenance of urban and regional planning standard

• the conduct of research in urban and regional planning

• the promotion of co-ordination among State and local governments in the preparation and implementation of urban and regional plans

• the supervision and monitoring of the implementation of National Physical Development Plan and development control

• the provision of technical and financial assistance to States in the preparation and implementation of physical development plans

• any other functions as may be assigned to the Commission, from time to time.

State Urban and Regional Planning Board• the formulation of State policies for urban and

regional planning• the initiation and preparation of regional, sub-

regional and urban/master plans• the development control on State lands• the conduct of research in urban and regional

planning• the provisions of technical assistance to local

governments• the consultation and co-ordination with the

Federal Government and local governments in the preparation of physical plans

• the preparation and submission of annual progress report on the operation of the National Physical Plan as it affects the State

• the review of the annual report submitted to it by the Local Authority

Functions of executivesLocal Planning Authority• The Authority shall be charged with the responsibilities for preparing

town, rural, local and subject plans.• The Authority shall prepare and submit to the Board an annual report

on the implementation of the National Physical Development Plan and State Regional Plan• The Authority shall undertake development control within its area of

jurisdiction

PROCEDURESProcedures for preparation of National Physical Development Plans• Appointment and functions of technical committee• Submission of objections to draft plan by members of the public to the Commission• Commission to prepare summary of objections and comments• Commission to prepare summary of objections and comments• Submission of final draft plan of approval• Approval of plan by the legislative body (approve it wholly; approve part of it; or refer it to

the Commission for further consideration and amendment of the whole or part thereof)• Deposit of the Operative National Physical Development Plan• Review of the Operative National Physical Plan• Adherence to provisions of Operative National Physical Development Plan• Annual reports• Proceedings

PART 2DEVELOPMENT CONTROL

PART II: Development ControlIn this part of the act, the establishment and jurisdiction of development control is discussed and powers of the development control department which includes: approval of planning authority, application for planning permit, revocation of permits, compensation, enforcement, relocation, penalties, demolition etc.

Establishment & Jurisdiction Of Development Control Department • Authority shall respectively establish a department to be known as a

Development Control Department• The Control Department shall be a multi-disciplinary department charged

with the responsibility for matters relating to development control.• The Control Department at the Federal level shall have power over the

development control on Federal lands and estates. • The Control Department at the State level shall have power over the

development control on State lands• The Control Department at the local government level shall have power

over• control of development on all land within the jurisdiction of the local

government

PART 3ADDITIONAL CONTROL IN

SPECIAL CASES

PART III: Additional Control In Special CasesIn this part of the act certain additional control for special cases were highlighted. This special areas includes;• Compiling list of buildings of special arch. or historical interest• Conditions for including a building in the Development Control Department's list• Deposit of list.• Publication in the Gazette• Demolition, alteration, etc., of a listed building• Offences• Penalty• Control permission to include appropriate provision for preservation and planting of trees• Control of outdoor advertisement• Maintenance of waste land

Conditions for including a building in the Development Control Department's listA building may be included in the Control Department's list if• the building is of historic or special architectural interest• its exterior contributes to the architectural or historic interest of a

building or a group of buildings of which it forms a part• a desirable man-made object or structure is fixed to the building or a

part of the land comprised with the curtilage of the building

Demolition, alteration, etc., of a listed building

• A listed building may be demolished, altered or extended if the Control Department gives a written consent for the execution of works on the listed building: Provided however that the National Commission for Museums and Monuments‘ consent shall be obtained before the demolition, alteration or extension• For the purposes of this section, the

Control Department referred to means the Federal Development Control Department

Offences

A person shall be guilty of an offence if he:• executes or causes to be

executed any work aimed at the demolition, alteration or extension in any manner which changes the character of a listed building• fails to comply with any condition

attached to a written consent of the Control Department.

PENALTY• on summary conviction be liable to imprisonment for a term not

exceeding three months or to a fine not exceeding N1,000 or to both such imprisonment and fine• on conviction on indictment be liable to imprisonment for a term not

exceeding twelve months or to a fine not exceeding N2,000 or to both such imprisonment and fine• in the case of a body corporate, to a fine of N5,000• be liable to a fine not exceeding N200 for every day the offence

continues or to imprisonment for a term not exceeding one month

PART 4ACQUISITION OF LAND AND COMPENSATION

PART IV: Acquisition Of Land And CompensationPart four of this act discusses on the powers the authorities have in revoking acquisition right of occupancy, compensation, facilitation and execution of approved plans.• Power to revoke right of occupancy:• Where it appears to the Commission, the Board or Authority that it is

necessary to obtain any land in connection with planned urban or rural development in accordance with the policies and proposals of any approved plan, any right of occupancy subsisting on that land shall be revoked on the recommendation of the appropriate authority.• Any right of occupancy held in pursuance of subsection (1) of this

section shall be revoked in accordance with the relevant provisions of the Land Use Act

COMPENSATION• All matters connected with the payment of compensation for the

revocation of a right of occupancy under this Part of this Act shall be governed in accordance with the relevant provisions of the Land Use Act• Any compensation payable as a result of the revocation of a right of

occupancy under this Part of this Act shall be paid within a reasonable period• Where in the opinion of the Control Department any person has

committed a gross contravention of an existing scheme, the land together with any building and any goods or furniture therein may be requisitioned of forfeited for the breach of the scheme under this Act without the payment of any compensation

PART 5IMPROVEMENT AREAS

(Rehabilitation, Renewal & Upgrading)

PART V: IMPROVEMENT AREAS (Rehabilitation, Renewal & Upgrading)Part 5 of the act talks about how the authorities can exercise the power under this act. Improvement areas, consultation & co-operation in improvement areas, restriction on power to demolish, exercise of power of repair, demolition & renovation Provision of alternative accommodation etc.

PART 6APPEAL

PART VI: AppealThe last part of the act deals with the establishment of the Urban and Regional Planning Tribunal, composition of Tribunal, tenure of office, rules of procedure, repeal and savings, interpretation, citation.

THANK YOU��

✌