TOWN AND COUNTRY PLANNING ACT
Arrangement of Sections
1. Short title
4. Disagreement between Republic and planning authority
5. Appointment of planning authorities
TOWN AND COUNTRY PLANNING TRIBUNAL
6. Establishment of Tribunal
7. Constitution of Tribunal
8. Appointment of Vice-President
9. Remuneration of President, Vice-President, members and advisers
10. Record of proceedings
11. Appeals to Tribunal
12. Witnesses and evidence
13. Protection of President, Vice-President, members and advisers
STRUCTURE PLANS OR LOCAL PLANS
15. Order for preparation of development plans
16. Preparation of development plans
16A. Local plans
17. Approval of structure plan or local plan
18. Alteration of structure plan or local plan
PROCEDURE FOR THE PREPARATION AND SUBMISSION OF STRUCTURE PLANS OR LOCAL PLANS AND THEIR MODIFICATION AND EXTENSION
19. Preparation and submission of structure plans or local plans and objection thereto
20. Consideration of approval by the Minister or Director
21. Notice of approval or rejection by the Minister or Director
PERMISSION REQUIRED FOR DEVELOPMENT AND SUBDIVISION OF LAND
22. Permission required for development and subdivision
23. Development or subdivision orders
24. Delegation to planning authorities
25. Application for planning permission
26. Additional powers of Minister to give directions to any planning authority
27. Supplementary provisions re grant of planning permission
28. Supplementary provisions re grant of permission to subdivide
29. Additional provisions for appeal to Tribunal
30. Revocation and modification of planning permission by the Minister
31. Enforcement of planning control
32. Supplementary provisions as to enforcement including penalties
33. Repealed operation of enforcement notices
COMPENSATION FOR REFUSAL OR CONDITIONAL GRANTOF PLANNING PERMISSION
34. Definition of “planning decision”
35. Compensation for planning decision
36. No compensation payable in certain cases
37. No compensation if other development permitted
38. Exclusion and limitation of compensation in certain other cases
39. General provisions as to claims for compensation
ACQUISITION OF LAND
40. Acquisition of land
41. Owner may require acquisition of reserved land
42. Disposal of land
43. Assessment of valuation
44. Preparation of regional plan
45. Appointment of regional planning authority
46. Approval of regional plan
47. Revocation or modification of approved regional plan
48. Application to Customary Areas and townships
49. Power to hold or cause the holding of public inquiries
50. Service of notices
51. Right of entry
52. Additional consent required
55. Acts, orders and conditions given or imposed under former Act
to make provision for the appointment of planning authorities, for the establishment of a Town and Country Planning Tribunal, for the preparation, approval and revocation of development plans, for the control of development and subdivision of land, for the assessment and payment of compensation in respect of planning decisions, for the preparation, approval and revocation or modification of regional plans; and for matters connected with and incidental to the foregoing.
[16th November, 1962]
Act 32 of 1961,
Act 25 of 1962,
Act 28 of 1964,
Act 16 of 1965,
Act 28 of 1965,
Act 69 of 1965,
Act 46 of 1969,
Act 47 of 1970,
Act 53 of 1970,
Act 13 of 1994,
Act 29 of 1995,
Act 21 of 1997,
GN 232 of 1964,
SI 65 of 1965.
This Act may be cited as the Town and Country Planning Act
In this Act, unless the context otherwise requires—
“advertisement” means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purpose of advertisement or announcement and, without prejudice to the foregoing definition, includes any hoarding or similar structure used or adapted for use for the display of advertisement, and references to the display of advertisements shall be construed accordingly;
“agriculture” means the use of land exclusively or mainly for agriculture, whether as arable, pasture, ranching, grazing, orchard or seed growing, or for fish farming, forestry or for the breeding and keeping of livestock including any creature kept for the production of food, wool, silk, skins or fur, and includes buildings necessary therefor and uses ancillary thereto;
“appointed day” means the 16th November, 1962;
“approved development plan” means a development plan and any amendment or modification thereof approved by the Minister under section 17;
“building” includes any structure or erection and any part of a building so defined, but does not include plant or machinery comprised in a building;
“building line” means a line specifying the minimum distance between the boundary of a stand, lot, plot or road, and any building or proposed building on the stand, lot or plot;
“class”, in relation to development, means the group of land or building uses to which the development is deemed to belong by virtue of any regulation made under section 53;
“Customary Area” has the meaning assigned thereto by section 2 of the Lands Act;
“development” has the meaning assigned to it by section 22 and “develop” has a corresponding meaning;
“development order” has the meaning assigned thereto by section 23;
[“development plan” rep by s 2(a) of Act 21 of 1997.]
“Director” means the Director of Physical Planning and Housing who is a public officer in charge of town and country planning;
[Ins by s 2(b) of Act 21 of 1997.]
“Environmental Council of Zambia” means the Environmental Council of Zambia established under section 3 of the Environmental Protection and Pollution Control Act;
[Ins by s 2(b) of Act 21 of 1997.]
“erection”, in relation to buildings, includes extension, alteration and re-erection;
“former Act” means the Town Planning Act, Chapter 123 of the 1959 Edition of the Laws, section 80 of the Municipal Corporations Act, Chapter 119 of the 1962 Edition of the Laws, and section 27 A of the Townships Act, Chapter 120 of the 1962 Edition of the Laws, as the case may be;
“functions” includes power and duties;
“Government purpose” means a purpose of the Government of Zambia;
“highway authority” means a highway authority as defined in the Roads and Road Traffic Act;
“holding” means any area of land which is shown as a farm, stand, lot or plot on a general plan or other plan approved under the Land Survey Act, and includes any building erected thereon;
“land” includes any building erected thereon; and also includes land covered by water and any right in or over land, excepting mineral rights;
“local authority” means a city council, a municipal council, township council or district council as defined in the Local Government Act;
“local plan” means the plan prepared by a planning authority under the direction of the Director in accordance with section 16A;
[Ins by s 2(b) of Act 21 of 1997.]
“mining” means any operation lawfully carried out under the provisions of the Mines and Minerals Act;
“Natural Resources Board” means the Natural Resources Advisory Board established under the provisions of section 3 of the Natural Resources Conservation Act;
(a) the person registered as the proprietor of any land except where that person has leased or subleased the land to another person for a period of 14 years or more;
(b) the person in whom the lease of any land is vested under a registered deed except where that person has subleased the land to another person for a period of 14 years or more;
(c) the lessee of State Land held under a lease expressed to be for a period of 14 years or more;
(d) the lessee of land held under any other lease expressed to be for a period of 14 years or more; and
(e) the allottee of land held under a provisional title and in process of alienation by the President;
and includes the liquidator of any company which is an owner as aforesaid, and the representative recognised by law of any owner as aforesaid who has died, become insolvent, assigned his estate for the benefit of his creditors, or is under any legal disability;
“planning authority” means the local or other authority appointed by or under the provisions of section 5 and shall, for the purposes of Parts V and VI, include the Environmental Council of Zambia;
[Am by s 2(c) of Act 21 of 1997.]
“prescribed” means prescribed by regulation made under the provisions of this Act;
“public notice” means a notice published once in the Gazette and either in each of two consecutive issues of a newspaper circulating in the area to which the notice relates or in such other manner as the Minister may direct;
“public purpose” has the meaning assigned thereto in the Public Lands Acquisition Act;
“statutory undertaker” means Zambia Railways, and anybody responsible under any written law for the supply of water or electricity within Zambia, and1 any other body which the Minister may be statutory notice specify;
“structure plan” means the plan prepared by a planning authority under the direction of the Minister in accordance with section 16;
[Ins by s 2(b) of Act 21 of 1997.]
“subdivision” has the meaning assigned to it by section 22 and “subdivide” has a corresponding meaning;
“subdivision order” has the meaning assigned thereto by section 23;
“township authority” means a township council;
“Tribunal” means the Town and Country Planning Tribunal established under the provisions of section 6.
[S 2 am by Act 69 of 1965; SI 65 of 1965; Act 53 of 1970.]
(1) Subject to the provisions of section 4 and save where otherwise expressly provided to the contrary, the Republic shall not be bound by the provisions of this Act.
(2) The provisions of this Act, other than those contained in Part VIII, shall not apply to customary areas as defined in the Lands Act:
Provided that the President may by statutory order apply all or any of the said provisions to any customary area.
[S 3(3) rep by Act 47 of 1970.]
(4) Notwithstanding the provisions of any other law, this Act shall apply in all matters relating to land zoning and development.
[S 3(4) subs by s 3 of Act 21 of 1997.]
(5) The provisions of this Act, other than those contained in Part VIII, shall not apply to the area of any mine township.
[S 3 am by Act 28 of 1964; SI 65 of 1965; Act 46 of 1969, 47 of 1970.]
(1) In any area which is subject to an approved structure plan or local plan, the Republic shall not carry out any development or subdivision of land without prior consultation with the planning authority for that area.
[S 4(1) am by s 4 of Act 21 of 1997.]
(2) Where, after consultation as provided in sub-section (1), the Republic and the planning authority are not in agreement concerning the carrying out of any development or subdivision of land, the planning authority may, within 28 days of the completion of the said consultation, make written submissions to the Minister against the proposed development or subdivision of land.
(3) As soon as may be after the receipt of the aforesaid written submissions, the Minister shall refer them, together with any written submissions on behalf of the Republic, to the Tribunal.
(4) The Tribunal shall consider the written submissions referred to it and shall give the Minister its opinion concerning the proposed development or subdivision of land.
(5) The Tribunal may, for the purpose of giving its opinion, call on the Republic or the planning authority to provide it with such information as it may deem necessary for the purpose of reaching an opinion.
(6) As soon as may be after the Tribunal has given its opinion to him, the Minister shall notify the planning authority of his decision in relation to the written submissions made to him.
(7) In reaching his decision the Minister shall not be bound by the opinion of the Tribunal:
Provided that, where the Minister does not accept the opinion of the Tribunal, he shall notify the planning authority accordingly and shall advise the planning authority as to his reason for not accepting the opinion of the Tribunal.
(8) The decision of the Minister on any written submissions made to him shall be final and shall not be challenged in any proceedings whatsoever.
[S 4 am by Act 28 of 1964; SI 65 of 1965.]
(1) The Minister shall designate the Director as the strategic planning authority to—
(a) exercise such other functions as the Minister may delegate to the Director under section 24; or
(b) exercise such other functions as may be prescribed by the Minister.
[S 5(1) ins by s 5(a) of Act 21 of 1997.]
(2) The local authorities set out in the First Schedule are hereby appointed as the planning authorities for the respective areas described in that Schedule.
[S 5(1) renumbered as s 5(2) by s 5(c) of Act 21 of 1997.]
(3) The Minister may, from time to time by statutory notice, appoint a planning authority for both or either of the following purposes and may specify the constitution of any such planning authority—
(a) to prepare a structure plan or local plan ordered under the provisions of section 15;
[S 5(3)(a) am by s 5(b) of Act 21 of 1997.]
(b) to exercise such functions as may be delegated to it under the provisions of section 24.
[S 5(2) renumbered as s 5(3) by s 5(c) of Act 21 of 1997.]
(4) The Minister may, by statutory notice, change the constitution in whole or in part of any planning authority appointed under the provisions of sub-section (2):
Provided that no change shall be made before the expiry of 28 days' notice of the proposed change has been given by the Minister to the planning authority having jurisdiction at the time of such notice, and such planning authority may within such period of 28 days request an inquiry under the provisions of section 49, in which case no change shall be made until the inquiry has been held, and its decision, which shall be binding on the Minister, made known by public notice.
[S 5(3) renumbered as s 5(4) by s 5(c) of Act 21 of 1997.]
(5) The Minister may prescribe the procedure to be followed by the planning authorities appointed under the provisions of sub-section (2).
[S 5 am by Act 25 of 1962; s 5(4) renumbered as s 5(5) by s 5(c) of Act 21 of 1997.]
TOWN AND COUNTRY PLANNING TRIBUNAL
There is hereby established a Tribunal to be known as the Town and Country Planning Tribunal which shall have the jurisdiction, power and authority conferred upon it by this Act and by any regulation made hereunder.
(1) The Judicial Service Commission shall appoint a President of the Tribunal who shall hold office for such period and subject to such conditions as may be agreed.
(2) The President of the Tribunal shall be a barrister or solicitor entitled to practice in Zambia, or a person who holds or has held judicial office.
(3) The Tribunal shall consist of the President or the Vice-President of the Tribunal and such other members, not less than two in number, as may be appointed by the Judicial Service Commission from time to time to sit with the President or the Vice-President as members of the Tribunal for the determination of any matter before the Tribunal:
Provided that one of the members of the Tribunal so appointed shall be a Chartered Planner of the Town Planning Institute of the United Kingdom or hold such similar qualification as the Minister may approve.
(4) If the President or the Vice-President of the Tribunal considers that any matter which has been brought before the Tribunal is likely to involve professional or special considerations, other than considerations pertaining to town and country planning, he may, with the agreement of the Minister, appoint a suitable person to advise the Tribunal on the said professional or special considerations.
(5) The Minister shall appoint a secretary to the Tribunal.
[S 7 am by GN 232 of 1964; Act 16 of 1965; SI 65 of 1965.]
(1) The Judicial Service Commission may appoint a Vice-President of the Tribunal who shall hold office for such period and subject to such conditions as may be agreed.
(2) The Vice-President of the Tribunal shall be a barrister or solicitor entitled to practice in Zambia, or a person who holds or has held judicial office.
(3) The President of the Tribunal or, if the President is unable to do so because of illness or other cause, the Minister, may call upon the Vice-President to exercise and perform such functions of the President for such period as the President or the Minister may specify, and thereupon the Vice-President shall, and the President shall not, exercise and perform such functions for such period.
[S 8 am by Act 16 of 1965.]
The Minister may prescribe fees to be paid to the President, the Vice-President and members of the Tribunal and to any advisers appointed by the President or the Vice-President under this Part, who are not officers of the public service, and the President, the Vice-President, members or advisers shall be paid in respect of the expenses incurred by them in travelling and subsistence when discharging their duties such sums as may be prescribed.
[S 9 am by Act 16 of 1965.]
A record of the proceedings of the Tribunal shall be kept and filed in the office of the secretary to the Tribunal and may be inspected and copies thereof obtained upon like conditions and upon payment of the same fees as if they were civil records of a subordinate court.
(1) Without prejudice to the provisions of section 29 and Part VI—
(a) any person whose interest in any land may be affected by any decision of an appeal by the Tribunal shall have the right to appear and be heard on the hearing of any such appeal;
(b) the Tribunal shall hear and determine the matter of the appeal and may make such order therein in addition to, or in substitution for, the matter appealed against as it thinks fit, including the award of costs to any party to an appeal, subject to the provisions of paragraph (c);
(c) if the Tribunal, after considering any matter brought before it under this section, is of the opinion that the appeal should be allowed, it shall, before making any order under the provisions of paragraph (b), afford the Minister or planning authority an opportunity of making representations as to any conditions or requirements which he or it considers ought to be included in the order and shall afford the appellant an opportunity of replying thereto, and thereafter the Tribunal may make such order in the matter as it thinks fit, and any such order shall be binding on the Minister, planning authority and the appellant:
Provided that the Tribunal shall not make any order which would operate in conflict with any provision of an approved structure plan or local plan;
(d) all matters requiring to be determined by the Tribunal shall be decided by a majority of votes and such decision shall be the determination of the Tribunal:
(i) any decision on a matter of law or on whether a matter for determination is a matter of fact or a matter of law shall be made solely by the President or the Vice-President;
(ii) the President, the Vice-President and each member shall have and shall exercise one vote, and no adviser to the Tribunal shall be entitled to vote on any matter before the Tribunal.
[S 11(1) am by s 6 of Act 21 of 1997.]
(2) Where any person who has appealed to the Tribunal under the provisions of this Act is dissatisfied with the decision of the Tribunal, he may, within 28 days of such decision, appeal to the High Court against such decision.
[S 11 am by Act 25 of 1962, 28 of 1964, 16 of 1965.]
(1) The Tribunal may by notice in writing require any person, subject to the payment or tender of reasonable expenses of attendance, to attend as a witness and give evidence or to produce any documents in his possession or power which relate to any matter in question on an appeal under this Act, and if any person without reasonable excuse fails to comply with any of the provisions of such notice, he shall be guilty of an offence and may be fined summarily by the President or the Vice-President of the Tribunal an amount not exceeding one thousand five hundred penalty units.
[S 12(1) am by Act 13 of 1994.]
(2) The Tribunal may take evidence on oath and for that purpose the President or the vice- President shall have the power to administer oaths, and may make such other investigations as it may deem necessary in assisting it to come to a decision regarding any matter before it.
[S 12 am by Act 16 of 1965.]
No action shall be brought against the President, the Vice-President or members of the Tribunal or advisers to the Tribunal in respect of any act done or order made by them in good faith in the execution or supposed execution of the powers and duties conferred upon them under this Act or any regulation made hereunder.
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.