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Guide to the Draft

Urban and Regional


Planning Bill
Zambia
June 2009
EDITORIAL NOTES
Guide to the Draft Urban and Regional Planning Bill
June 2009
AUTHORS Hifab International AB
GRAPHIC DESIGN Viera Larsson, Visual Communication AB
PHOTOS Daniel Phiri, Henry Machina, Sixten Larsson
Ministry of Local Government and Housing, Zambia
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CONTENT
VISION 5
INTRODUCTION 6
PLANNING SYSTEM 7
Local Planning Authority 8
Planning Committee 9
Provincial Planning Authority 11
Planning Appeals Tribunals 12
The role of the Minister 13
PLANNING FRAMEWORK 14
Planning Guidelines 15
Integrated Development Plans 16
Local Area Plans 20
Sectoral Local Plans 23
Planning Agreements 23
THE PLANNING PROCESS 24
Planning Programme 26
Plan preparation process for Integrated Development Plan 27
Preparation of Local Area Plan 31
Partnership with Private Developers 33
Joint Planning Initiatives 33
Provincial Supervision 34
PLANNING APPLICATIONS 35
Development Permits 36
Plan Variation 36
Appeals against Planning Decisions 38
Report and Registers 38
PLANNING CONTROL AND COMPENSATION 39
Planning Control 39
Compensation 39
GENERAL PROVISIONS 40
Regulations 40
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T
his Guide is prepared to explain to people in Zambia the new
proposed Urban and Regional Planning Bill and to help the under-
standing of the Bill once it changes into law. It describes the means
and processes that are provided and presents the opportunities that the new
law will offer to the people. Remember that the document, which is being
explained here, is a Bill and not yet a law. The Minister of Local Govern-
ment and Housing will take the Bill to Parliament for debates, after which
the Bill will turn into law.
Democratic Republic
of Congo
Tanzania
Malawi
Mozambique
Zimbabwe
Namibia
Botswana
Angola
Guide to the Draft
Urban and Regional
Planning Bill
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VISION
The new proposed Bill named as the Urban and Regional Planning Bill
aims to promote and encourage development in the entire country. It will
include areas that previously have not benefted from planned development.
It will enable authorities to plan better to promote investment in housing,
businesses and social facilities. It will encourage people and communities
to take initiatives to improve their living environment. The administrative
procedures and planning rules will be simplifed, while at the same time they
will assist those who plan for our provinces, towns and cities (the Planning
Authorities) to ensure sustainable, orderly and affordable development.
The preparation of the Bill is based on the following principles:
Development principles
Sustainable urban and rural development
Functional and socio-economic integration
Institutional integration and coordination
Democratic processes accountability, transparency, participation and inclusion
Decentralisation
Planning principles
Poverty alleviation and satisfaction of basic needs
Focus on special needs groups
Gender equality and equity
Environmental management
Community involvement and public participation
Partnership and private sector involvement
Implementation orientation
Encouraging local economic development
Cultural sensitivity
Regional linkages and coordination
Security of tenure

The new Urban and Regional Planning Bill will facilitate sustainable development,
encouraging emerging businesses and housing projects to meet the needs of the people.
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INTRODUCTION
When the Urban and Regional Planning Bill becomes law, it will apply to
the entire country, to both urban and rural areas. The law will promote the
Decentralisation Policy that the Government of Zambia adopted in 2006. It
will guide planning and development regardless of the land tenure or land
administration system and provide for cooperation with traditional authorities.
The Urban and Regional Planning Bill describes the planning system,
planning framework and the planning process that will guide development
in Zambia. It provides for planning permission and enforcement of decisions
taken by the authorities. It also provides for the preparation of planning
guidelines that will form the basis for preparation and implementation of all
spatial plans.
The Local Authorities District, Municipal and City Councils are the
main authorities in terms of urban and regional planning. Close cooperation
between the different levels of Government (local, provincial and central
government) is the basis for an effcient implementation of the planning
legislation.
For the authorities at both central and local government level the new
Law will make it clear what their duties are in terms of planning.
glossary
Bill
a draft law which is prepared for
discussion in Parliament. After
Parliament approves it then it
become a law, known as an Act
Planningsystem
the administrative structures
and authorities responsible for
planning
Planningframework
the types of plans and docu-
ments available for planning
Planningprocess
the way in which plans are
prepared and enforced
Planningpermission
permission from a planning
authority to proceed with a
particular development or
change of land use
LocalAuthority
district, municipal or city
elected body
The new planning Bill will apply to the entire country.
Planning for all sectors of society will include economic activities, agriculture,
social service and support to the most vulnerable.
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glossary
LocalPlanningAuthority
district, municipal or city councils
ProvincialPlanningAuthority
central government planning
authority at provincial level
DirectorofUrbanand
RegionalPlanning
head of the Department within
Central Government responsible
for regional and urban planning
PLANNING SYSTEM
The Planning System consists of the following Planning
Authorities
Minister of Local Government and Housing
Local Planning Authorities
Provincial Planning Authorities.

The planning system means the administrative structure, the institutions and
authorities that will guide planning and support development. The system
identifes different levels of government and describes the responsibilities
assigned to the authorities.
The new Urban and Regional Planning Bill emphasises that the Local
Authorities Districts, Municipalities and City Councils will have the
main role in the system, regarding plan preparation, approval and implemen-
tation. Provincial Planning Authorities will have a supporting and monitoring
role and will assist Districts that lack capacity and resources. The Ministry
of Local Government and Housing will have a controlling function. It will
formulate policies, strategies, regulations and guidelines. The Minister will
through the Director of Urban and Regional Planning provide the services of
Central Government.
However, the different levels of government need to cooperate and
coordinate their plans and programmes. The legislation therefore describes
how the responsibilities of these authorities will be distributed.
As the law will apply to the entire Zambia, the administration will need to
be fexible to meet the needs in different parts of the country.
Districts in Northern Province.
An important aspect of the Bill is decentralisation of planning functions to
the Local Authorities.
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Local Planning Authority
Every Local Authority will be a Planning Authority provided it
meets the requirements set out in the regulations. The Local
Authorities will be responsible for
preparation of development plans
receiving and processing planning applications
implementation of development plans
promoting and facilitating sustainable land development.

Glossary
Planningapplication
request by individual or organi-
sation to start development
DecentralisationPolicy
the policy adopted by the
Government of Zambia aiming
at identifying and transfer-
ring responsibilities to Local
Authorities
The proposed planning system is strongly linked to the Decentralisation
Policy and incorporates the functions and the tasks assigned to the Local
Authorities through the Local Government Act. Emphasis is put on the role
of Local Authorities in terms of both planning and implementation powers.
To manage the new tasks the institutions must be strengthened and structures
must be established to meet the demands. The implementation will be done
step by step over a certain period of time. In cities the Local Authority will
have capacity to handle most of the tasks on its own, while rural districts
in the beginning will need more assistance from the Provincial Planning
Authorities.
Local Authorities are best suited to deal with the planning issues such as
poor infrastructure and lack of space for markets in districts and cities.
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Planning Committee
Glossary
Stakeholders
anybody with an interest in or
infuenced by planned develop-
ment
Planningdepartment
the administrative unit within
the Local Authority in charge of
planning
Sectordepartments
the units within the Local Council
responsible for specifc sector
aspects of administration and
development
The Planning Committee will represent and be responsible to the Local
Authority and be part of its administration. Its decisions and recommenda-
tions must be approved by the Local Council. However, planning and
development affects all people and has long term implications. Therefore
the new Bill suggests that representatives from other stakeholders will have
a chance to ensure that planning decisions are made in their interest and that
information about plans and development will be more easily available. In
particular as the law will apply to the entire Local Authority area with central
government interests, customary land, privately owned land and special
protected zones, the broad consensus about development is important.
The Planning Committee will be linked to the administrative structure
of the Local Authority and its decisions will be based on coordination with
other council committees through procedures agreed upon locally.
The Planning Committee will oversee the preparation of development
plans, recommend the adoption of development plans, decide certain plan-
ning applications and monitor the implementation and enforcement of deci-
sions. The Planning Committee reports to the council of the Local Authority.
For the plan preparation, decisions on planning applications and imple-
mentation, the Planning Committee will depend on the Planning Department
of the Local Authority and cooperation with other sector departments. The
Planning Department will provide administrative and secretariat support.
This means that the different plans will be prepared by the Planning
Department. The Planning Committee will take the decision on the planning
matters and submit their recommendations to the Local Council for approval.
Each Local Authority will have a Planning Committee, which
shall be a Standing Committee and shall be responsible to
the Local Council. The committee will have a maximum of
thirteen members namely
seven Councillors
two ratepayers
a representative of Royal Establishments
private sector
civil society.
No fewer than four must be women.
The Local Authority will inform the Minister regarding the
composition of the Planning Committee. The Planning Com-
mittee shall serve for three years. Members may sit on the
Committee for two periods.

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While the Local Authority and its
Planning Committee will have the
main responsibility for planning and
implementation, it is important that
there is close cooperation with the
Provincial Planning Authority.
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In each province there will be a Provincial Planning Authority
with the responsibility to
monitor the planning and implementation processes at local
authority level
assist Local Authorities in the planning and implementation
tasks if they lack own planning capacity
facilitate inter-municipal/district coordination and joint
planning initiatives
assess Integrated Development Plans in terms of adherence
to National and Regional Planning Guidelines.
The Provincial Planning Authority will be appointed by the
Provincial Permanent Secretary and will have nine members,
representing
Local Authorities in the Province
Royal Establishments
private persons and
civil society
At least three will be women.
The appointed members of the Provincial Planning Authority
will serve for three years.

Glossary
Monitor
check or observe that plans
are prepared and implemented
according to programmes
Facilitate
assist or make it easy for partici-
pants to carry out their tasks
Provincial Planning Authority
The Provincial Planning Authority will have a new role to play in planning
and development. While the Local Authorities will have the main responsi-
bility, the Provinces will provide support and assistance to Local Authorities,
especially to those councils that are not able to plan on their own or do not
have the money or experts to implement their plans. This can be a major task
during a transition period, when training and capacity building programmes
are undertaken. Provincial Planning Authorities will also monitor the plan
preparation and implementation processes and will ensure that national
and regional interests and important issues are taken care of in the plans.
When there is a need for two or more districts to bring together their plans
or prepare plans together the Provincial Planning Authority will assist
these planning authorities. Such joint plans will be adopted by the involved
District Councils.
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Planning Appeals Tribunals
The Minister will establish three Planning Appeals Tribunals.
Each Tribunal shall meet at least four times per year.
The members of the Planning Appeals Tribunal will be ap-
pointed by the Minister and shall hold offce for three years.
The Planning Appeals Tribunal will hear and determine
appeals arising from decisions made under the Urban and
Regional Planning Act.
The Tribunal will notify the Minister and allow comments on
the appeals. The Tribunal will provide for all affected persons
to make submissions and after the decisions all parties
involved shall be notifed.

Glossary
Appeals
request or application to an
authority to reconsider a decision
Tribunal
an institution in charge of hear-
ing appeals
The numbers of Tribunals will in the future be increased when the resources
permit and the aim should be to have a tribunal in each province. The
Tribunals will deal with problems related to objections to plans and planning
decisions, hear complaints in relation to planning applications and other
planning related issues. The Tribunals will consider appeals from the entire
area under their jurisdiction. The Tribunal will contact and inform affected
persons and notify the Minister about the decisions. The procedures will be
simplifed to give the general public better access to the Tribunals.
A person may decide to make a fnal appeal against a decision by the Plan-
ning Appeals Tribunal for judicial review or to the Minister of Local govern-
ment and Housing.
Submissions of objections to unsuitable development
will be easier through more direct access to the
Planning Appeals Tribunal.
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The role of the Minister
The Minister has the controlling function of planning and
development and in that role the Minister will
issue policies, guidelines, strategies, regulations and
standards to guide the Local Authorities relating to matters
of national and regional concern
advise the Local Authorities in the interpretation of such
policies
prescribe indicators and targets for planning and develop-
ment
assist Local Authorities in reaching targets
promote coordination and regional development
undertake research and studies
monitor progress and performances
prepare regional development plans if requested to do so
by Local Authorities
provide training and skills development
call in plans where the planning authority has not complied
with the legal requirements for plan preparation.

The decentralisation of powers and functions to the Local Authorities means


that the role of the Minister will change towards one of controlling, advising
and monitoring. One of the most important duties of the Minister will be the
formulation of planning guidelines, strategies for development and regulations
and standards required as part of the new law.
The Minister will advise and assist Local Authorities to prepare and
implement plans that meet the demands of proper and orderly development. At
the beginning, there will be a need for training and capacity building as well
as research and studies to be able to formulate standards and guidelines. The
Minister will also prepare recommendations regarding planning concepts and
provide good examples of planning projects and best practises.
Monitoring will include reviews of plans and implementation programmes
submitted by Local Authorities as well as control of planning processes and
public participation approaches. The Minister will ensure that Planning Au-
thorities involve groups with special needs such as women, children or people
with disabilities in the planning process and that their needs are taken care of.
The formulation of Planning Guidelines on matters of national and regional
interest needs to be carried out together with other Ministries and relevant
authorities. In cases where two or more Local Authorities express a need for
regional development strategies or plans, the Minister may prepare such plans.
The Minister will further provide training and capacity building within
Local Authorities and undertake measures for improved work performances.
Glossary
Relevantauthorities
the ministry, department or
other agency given the specifc
responsibility for planning and
development issues
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PLANNING FRAMEWORK
The types of plans that will be used to promote development
make up the Planning Framework. It consists of
Planning Guidelines
Integrated Development Plans
Local Area Plans
Sector Local Plans.

The Planning Framework includes the different tools and plans that can be
used by the Local Authorities. These tools and plans give a basis for the
general public, investors, communities and the authorities to plan for the
future with a high degree of certainty in terms of security, land use rights and
sustainability. The framework consists of plans and planning instruments that
are linked and related to each other. Planning Guidelines inform Integrated
Development Plans which in turn are binding for Local Area Plans and
Sectoral Local Plans.

Spatialrelationshipbetween
thedifferenttypesofplans
thatmakeupthePlanning
Framework.
National and
Regional
Planning
Guidelines
Integrated
Development
Plan

Local Area Plan
Sectoral Local
Plan
G
U
I
D
E
-
L
I
N
E
S
I
D
P
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The Minister will formulate Planning Guidelines, policies and strategies
for areas and matters of national and regional interest.
Planning Guidelines
The Minister can make Planning Guidelines that will cover areas and devel-
opment aspects of national and regional interests and are to be prepared to
protect such interests and important assets.
These guidelines will be prepared by the Minister in close cooperation
and with joint responsibility with other relevant ministries and authorities.
The Planning Guidelines may deal with issues such as use and development
of land in relation to national parks and game reserves, areas of environmen-
tal and cultural value, national defence and security, agricultural production
and forest reserves, major infrastructure and installations, customary tenure,
private-public partnership for land development, informal settlement upgrad-
ing and land unsuitable for development due to contamination or other safety
aspects.
The Minister shall by statutory instruments make Planning
Guidelines for planning and development.
Where such Guidelines involve other ministries the Guidelines
shall be prepared jointly and proclaimed together by the
respective ministers.

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Integrated Development Plans
The Integrated Development Plan shall be the principle plan-
ning instrument for the Local Authorities.
The Integrated Development Plan binds all persons and
organs of State.
Each Local Authority shall prepare an Integrated Development
Plan to cover the entire area under its jurisdiction.
The Integrated Development Plan will
link, integrate and coordinate plans and proposals
align the resources and capacity for implementation of the
plan
provide for coordination with neighbouring Local Authorities
form the policy framework for fnancing and budgeting
indicate priority areas for housing, social services, infra-
structure, local economic development, environmental
management and protection, and poverty alleviation
suggest phasing of development and areas for which Local
Area Plans should be prepared.
recognise the requirements of the Planning Guidelines.
The Integrated Plan will outline development for a period of
fve years.

Glossary
Customaryland
Land which is administered by
traditional leaders outside state
land
TraditionalAuthorities
Traditional leaders of specifc
areas such as chiefs, headmen
and women
Detailedplanning
Planning aiming at immediate
implementation or project
identifcation
The Integrated Development Plan (IDP) will give all details for the Local
Authority to guide and control development in general terms. In particular it
will indicate infrastructure requirements, expansion areas for housing, busi-
ness, service facilities and economic development. It will also provide for
socio-economic development, capacity building, environmental management
and poverty alleviation.
In many cases there will be a need for more detailed planning and there-
fore the IDP will provide the basis for the preparation of Local Area Plans,
project identifcation and budgeting. It will be closely linked and coordinated
with the fnancial planning and implementation programming.
The Local Authority will have to work with other local authorities that
are situated nearby and Central Government to ensure that other interests are
taken into account in the formulation of the Integrated Development Plan. As
the entire area of the Local Authority will be covered including customary
land, it will be important to work closely with Traditional Authorities.
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Content of the Integrated Development Plan
IntegratedDevelopmentPlan
IDP
SpatialPlan
Implementation
Programme
FinancialPlan
Local
AreaPlan
Sectoral
LocalPlan
project project project
The Integrated Development Plan includes spatial and
non-spatial components, implementation programme
and fnancial considerations. It also provides the basis
for detailed planning and project identifcation.
The Integrated Development Plan includes a planning survey,
a written statement, diagram and plans and key performance
indicators.
The Integrated Development Plan will have a multi-sectoral approach
covering the various areas of responsibilities related to local authority and
central government administration. The Integrated Development Plan will
include spatial and non-spatial aspects of development. The formal product
will consist of
1) Planning survey
Spatial and economic characteristics such as density, open space, land use
Population and demographic structure for example age, household size,
Communication and transport system
Assessment of existing conditions
Strategic environmental assessment
Identifcation of need of infrastructure services.
2) Plan proposals in a written statement
Vision for long term development
Development objectives, priorities and strategies
Spatial development framework

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Improvements in terms of environmental, social and economic aspects
Identifcation and demarcation of protection zones for environmental
sensitive areas
Financial plan
Identifcation of national and regional interests
Relationship to neighbouring local authorities
Implementation programme
Report of the consultation process
Programme for preparation of Local Area Plans
Identifcation of areas in need of upgrading
Planning agreements for areas under the powers of Traditional Leaders.
3) Plans and illustrations
These can be plans, drawings and other illustrations that will show the
intended development in a way that make it easier to understand the propos-
als and the results.
4) Key Performance Indicators
The performance indicators are meant to make it possible to measure and
assess to what extent the development objectives have been achieved. They
will also be useful tools in monitoring and review of the implementation.
Integrated Development Plan may include areas that fall under customary
law. For that purpose special Planning Agreements will describe the relation
between the traditional leaders and the Local Authority and the sharing of
responsibilities. Specifc methods, processes and procedures for consultation
and participation will be applied taking into account the cultural require-
ments in the area.

Glossary
Multisectoral
areas and issues that cover
more than one sector or adminis-
trative concern
Spatial
aspects of planning that have
physical characteristics such as
buildings, vegetation, roads and
other infrastructure
Non-spatial
aspects of planning that do not
have physical characteristics
such as economic development,
community involvement, equality,
social services
Delineation
demarcation or marking of areas
and boundaries
Protectionzones
areas that serve the purpose to
restrict development or use of
sensitive environments or natural
resources
The Integrated Development Plan will include proposals for all
aspects of development including city centre improvement and
transport planning.
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The Spatial Development Framework Integrated Development Plan for Lusaka
from 1999 is an example for the format of spatial planning.
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Local Area Plans
The Local Area Plan shall be the planning instrument to pro-
vide detailed proposals for development for areas indicated in
the Integrated Development Plan.
A Local Area Plan may not deviate from the provisions in the
Integrated Development Plan and must recognise poverty
alleviation, local democracy, public participation, account-
able governance and other planning principles and recognise
national and regional guiding principles.
The preparation of a Local Area Plan may be initiated by a
community or a Ward Committee.

Glossary
Communityareas
areas with a group of people
that have common interests and
concerns
Wards
A lowest unit of government in
which each district is divided.
Each ward is represented by a
councillor who is elected into the
district council
Informalsettlements
settlements developed without
planning and formal approval,
often with self-built, make-shift
shelters and without any
infrastructure or social services.
Cadastralsurvey
the demarcation of property for
registration and legal tenure
Local Area Plans (LAP) will be prepared when there is a need for more
detailed proposals for development in an area. In most cases the Integrated
Development Plan will prescribe that Local Plans are to be prepared, but the
planning can also be based on a Council decision, requests from a commu-
nity or from a private developer.
A Local Area Plan must take into account the content, proposals and
requirements specifed in the Integrated Development Plan.
The Local Area Plans can be prepared for community areas, sub-districts,
wards and suburbs. It may deal with new housing areas, upgrading of informal
settlements, industrial zones and city centres or other specifc land uses or
developments. It may be applied for private development initiative, traditional
or customary land, for infrastructure or other service facilities as well as for the
protection of environmentally, culturally or historically valuable areas.
In cases where a community has initiated or requested the preparation
of a Local Area Plan, it is particularly important that the views, issues and
concerns of that community are taken into consideration.
If the Local Area Plan preparation fnds that the conditions warrant a
deviation from the IDP, it may require a review or amendment to the IDP.
Local Area Plans will
Take into account the content, policies, objectives and proposals of the
Integrated Development Plan
Be directly linked to implementation and fnancial planning
Indicate infrastructure and other service requirements such as roads,
clinics and cemeteries
Provide a basis for property demarcation, cadastral survey and land
tenure registration
Take into account other planning initiatives and proposals in the neigh-
bourhood

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Provide for adherence to Planning Guidelines
Involve the public, communities and other stakeholders in a participatory
approach.
Content of Local Area Plans
Similarly to the IDP the Local Area Plan will consist of a Planning Survey,
Plan Proposals in the form of a written statement, Plans and Illustrations and
Key Performance Indicators. As a Local Area Plan aim at immediate imple-
mentation the documents most likely will be more detailed.
The Local Area Plan will cover the following:
1) Planning survey
Spatial and economic characteristics
Population and demographic structure
Communication and transport system
Assessment of existing conditions and effect of any changes
Description of the applied planning process
Description of the consultation process
Strategic environmental assessment.
2) Plan proposals in a written statement
Development objectives, priorities and strategies
Spatial development framework
Improvements in terms of environmental, social and economic aspects
Demarcation of protection zones for environmental sensitive areas
Financial plan and cost estimates
Relationship to neighbouring areas
Implementation programme
Report of the consultation process

Local Area Plans can deal with


new development and upgrading of
informal areas.
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Local Area Plans aim at immediate implementation and the effects of the proposals will be
more directly obvious to people.
Assessment of existing development and assets
Identifcation of built-up areas of cultural and historical value.
3) Plans and illustrations
These can be plans, drawings and other illustrations that will show the
intended development in a way that make it easier to understand the propos-
als and the results.
4) Key Performance Indicators
The performance indicators are meant to make it possible to measure and
assess to what extent the development objectives have been achieved. They
will also be useful tools in monitoring and review of the implementation.

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The Local Authority may prepare Sectoral Local Plans to
support development within its area of jurisdiction.
Sectoral Local Plans may include action area plans and district
layout plans directing land use for development such as
infrastructure and service provision, health and education,
housing and economic development
communication, transport, waste management water and
sanitation
agriculture, wild-life management, forestry and tourism.

Glossary
Sectoral
a specifc planning and develop-
ment issue
Sectoral Local Plans
The new legislation will make it possible for the Local Authority to prepare
plans that deal with special aspects or issues. These are called Sectoral Local
Plans. The reason is to ensure that the plans and programmes prepared by dif-
ferent district departments or other government authorities are in line with the
Integrated Development Plan. It will be important for the different authorities
and departments within the local administrative structure to work together.
Sectoral Local Plans should be prepared following the same process and
outline as Local Area Plans.
Planning Agreements
In order to facilitate the implementation of an Integrated
Development Plan a Local Authority may enter into planning
agreements with one or more traditional leaders or chiefs.
The Minister may in consultation with the Republican Presi-
dent order a Local Authority and Traditional Leaders to enter
into a Planning Agreement, if it is considered to be a matter
of national interest.
Planning agreements may deal with the identifcation of land under custom-
ary law and for which special standards or procedures will be needed. It will
also be possible under such an agreement to outline which planning applica-
tion will be handled by the chiefs. The procedures for communication and
decision-making in planning issues and land development that will involve
traditional leaders may be covered by such agreements.

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THE PLANNING PROCESS
Every Local Authority must initiate the planning process by
a Council resolution directing the Planning Committee to
prepare or review an Integrated Development Plan or by
similar Council resolution endorse a valid Integrated Develop-
ment Plan.
If the Local Authority does not have a Planning Department
or lacks the capacity, the resolution will be directed to the
Provincial Planning Authority.

The Planning Process consists of a number of phases: programming phase,


plan preparation phase and implementation phase and plan review. The
proposed Bill emphasises the links between the different phases and the
sequence of actions necessary for effcient planning and implementation.
The focus is also put on the need for involvement of the public, civic
organisations, interest groups, NGOs and CBOs and other stakeholders from
the very beginning of the process. Public participation and consultation will
take place all the time and at every stage throughout the planning process.
The planning process must be based on a Council decision, although there
may be requests from other actors such as communities, private developers or
Glossary
Publicparticipation
involving members of the public
in coming up with area plans
Consultation
allow comments and other
contributions from the public and
other stakeholders
Stakeholder
different types of people repre-
senting different groups that will
be affected by the developments
in the plan
NGO
non-governmental organisation
CBO
community-based organisation
Planningprogramme
a document that describes the
background, goals and objec-
tives and the work programme
for planning
Planpreparation
the process applied for the
formulation of proposals and the
land use framework design
Implementation
realising the plan proposals and
carrying out decided actions
Planreview
checking and changing some of
the things or making corrections
in the plan to cater for new
needs
The involvement of the public from the very beginning of the
planning process is promoted by the new Bill. The frst contact
may be through a baseline study.
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Plan
Review
2
Planning
1
Programming
3
Implementation
Plan
Review
2
Planning
1
Programming
3
Implementation
Plan
Review
2
Planning
1
Programming
3
Implementation
The planning process has three
main phases that are linked to
each other and are repeated
over time. The Plan Review is
the start of a new process.
central government, especially for LAPs. The Local Authority must publish
the resolution in a newspaper for information to the public and also inform
the Minister.
The instructions to prepare a plan will be given to the Planning Com-
mittee or, if the Local Authority lacks the capacity to prepare a plan, to the
Provincial Planning Authority.
Regarding the preparation of the IDP, the elected Council must within a
period of 6 months after the election initiate the process to prepare or review
the existing IDP.
For the preparation of Local Area Plans and Sectoral Local Plans the
Local Authority will similarly initiate the planning process through a Council
resolution directing the Planning Committee to prepare the plans.
Community members can infuence the planning by
giving views and information.
26 | Suide to the Draft Regional and Urban Planning Bill Zambia 2000
Planning Programme
Glossary
Goals
the overall purposes of the plans
Objectives
the means and measures to
achieve the goals
Issues
aspects and concerns that will
be addressed in the plan
Planningdepartment
the administrative unit within
the Local Authority in charge of
planning

The Planning Committee shall prepare a planning programme


prepared by the Planning Department that will identify
goals, objectives, needs and issues
detailed work programme for the inputs by the Planning
Committee and any other actors to be consulted
identify the planning requirements binding on the Local
Authority
methods, means and schedule for public participation and
consultation.
The Planning Committee shall submit the planning pro-
gramme to the Council for approval. The Local Authority must
publish the proposed planning programme and display notices
relating to the programme.

The Planning Committee will have the duty for programming and plan-
ning, but in practice the Planning Department of the Local Authority will
undertake the tasks. The Planning Programme will describe the purpose of
the plan and what it should achieve, but also the conditions and requirements
that will infuence and guide the preparation of the plan. It will result in a
work programme and description of the tasks to be carried out.
Already at this stage the way in which the plan can be implemented
should be considered. The programme will also include a schedule for public
participation, community involvement and stakeholder contributions. The
community involvement will be particularly important when the initiative to
prepare a plan arises from the community.
The Planning Programme must be published (that is, it must be shown to
members of the public through radio, television, notice boards, etc.) and the
Planning Committee must make it easy for the public to review the Planning
Programme and to make comments. Comments and submission from the
public will be encouraged. The programme will be submitted to the Provin-
cial Planning Authorities for comments, after which it will be adopted by the
Council of the Local Authority.
Suide to the Draft Regional and Urban Planning Bill Zambia 2000 | 27
Consultation and participation may include different activities, such as hearings,
drama, dancing and other performances.
Plan preparation process for
Integrated Development Plan
The IDP must be prepared in accordance with the Planning
Programme.
The plan must be aligned with planning in neighbouring
Local Authorities.
The Local Authority must consult with Traditional Authorities
in respect of land under customary tenure.
During the preparation period the public, communities and
other stakeholders must be given opportunities to submit
comments and objections.

The Planning Committee must inform the communities and stakeholders


how the plan will be prepared and inform about the opportunities for partici-
pation and involvement in the process. The different occasion for publication
and participation will have to be announced. During the entire plan prepara-
tion period there will be opportunities for the public, communities and other
stakeholders to comment and submit views and proposals. The Planning
Committee will be responsible to ensure that such contributions are taken
into account.
The Planning Department of the Local Council will have a multisectoral
structure to make sure that the IDP will be a planning tool for truly integrated
development and operation.
28 | Suide to the Draft Regional and Urban Planning Bill Zambia 2000
Participation and Consultation during plan
preparation
The Planning Committee and the Planning Department within the Local
Council must use a variety of methods to reach out to the public, communi-
ties and other stakeholders depending on which areas and groups will be
addressed. Contact with the people will take place during the data collection
stage, baseline surveys, presentation of fndings in meetings, during initial
planning stages, and during fnal formulation of plan proposals.
The Planning Committee through the Planning Department will under-
take consultation and closer cooperation with neighbouring local authorities
to ensure that proposals are compatible with other planned development in
the surroundings. At the same time, it will be important to work with Central
Government and other authorities so that national, regional and sectoral
interests are taken into account and that Planning Guidelines are taken care
of. These other authorities may include ministries and departments or agen-
cies specialised in agriculture, forestry, environment, infrastructure, roads
and social services.
Consultation on the draft Integrated Development
Plan

The Planning Committee must publish the draft Integrated


Development plan for public scrutiny.
The draft Integrated Development Plan must be available for
public scrutiny for 30 days.
The Local Authority must give public notice and publicly
exhibit the Integrated Development Plan.
The formal consultation will include publication in a newspaper, display of
a notice informing the public about the opportunity to review the plan. It
will be possible for the Local Authority to arrange exhibitions, presentation
sessions and public hearings.
The public notice will explain that the Planning Committee recommends
the adoption of the Integrated Development Plan and that it is available for
inspection. The notice will give the contact details and schedule of public
meetings.
Stakeholders and the public will be given the chance to submit com-
ments, objections or other submissions during the 30 days of public consul-
tations. Objections may be heard in public hearings and must be considered
by the Planning Committee and the Planning Department.
Suide to the Draft Regional and Urban Planning Bill Zambia 2000 | 20
Adoption of the Integrated Development Plan

The Local Authority will adopt a single, inclusive Integrated


Development Plan for the development of its area and submit
a report to the Minister within 30 days of the date of adoption.
The adoption of the Integrated Development Plan assumes that the plan has
been publicised in a newspaper, exhibited publicly and been subjected to
hearings. The stakeholders and general public have had the chance to submit
comments and objections.
The Local Authority will submit the fnal version of the Integrated Develop-
ment Plan to the Minister. The submission will include:
The Integrated Development Plan
Details of objections and responses
Report of public hearings
Report about the consultation process
Comments about the adherence to the National and Regional Planning
Guidelines.
The Integrated Development Plan will be the basis for implementation and
other decisions of the Local Authority. It will be used for more detailed
planning and in project identifcation and implementation as well as for
budgeting and will therefore need the total support of the Local Council.

Announcing the public meetings and


reaching out to communities can be achieved
with audio and visual means.
80 | Suide to the Draft Regional and Urban Planning Bill Zambia 2000
Powers of Minister to call in Plans
The Minister may call in the Integrated Development Plan or
any Local Area Plan
if it contravenes National and Regional Planning Guidelines
or other national or regional strategies or policies
if the plan making process has ignored procedural require-
ments such as the resolution to initiate the planning
process, public participation, submission of objections,
consultation with authorities etc.

The Minister can get involved only if the Local Authorities do not carry out their
tasks in accordance with the law and the regulations related to the law. This may
refer to content, programme or process for the preparation of the plan.
If the Minister takes over the plan preparation, it must follow the same
process as describe for the Integrated Development Plan prepared by the
Local Authority. The fnal IDP will be approved and adopted by the Local
Authority.
Plan Review and Amendments of the Integrated
Development Plan
Glossary
Review
carrying out a study to fnd out if
there is need to change anything
in the plans
A Local Authority must review its Integrated Development
Plan every third year in accordance with an assessment of its
performance indicators.
A Local Authority may amend or update the Integrated
Development Plan following the three-yearly reviews or more
frequently.

The review will ensure that the plan meets the changing demands of de-
velopment and that it is in line with the goals and objectives as well as the
capacity of the Local Authority to implement it.
Amendments may be necessary due to infrastructural demands, urgent
housing development needs, community requests or earlier mistakes done in
plan preparation.
The review or amendment of the Integrated Development Plan should in
principle follow the same process as set out for the frst Integrated Develop-
ment Plan.
Suide to the Draft Regional and Urban Planning Bill Zambia 2000 | 81
Preparation of Local Area Plan
Where the Local Authority has resolved that a Local Area
Plan shall be prepared, either due to the recommendations
included in the IDP, the identifed needs or on the request of
a community, the Local Authority shall
issue a notice to the Planning Committee to prepare a Local
Area Plan for a specifed area
deposit such notice to the Provincial Planning Authority for
information.
The Local Authority shall develop a Planning Programme,
prepare the Local Area Plan according to the same proc-
esses and with the same requirements as for the Integrated
Development Plan.

The preparation of Local Area Plans shall follow the same process and
meet the same requirements in terms of programming, plan prepara-
tion, participation and consultation as is specifed for the Integrated
Development Plan. Thus the Local Authority through the Planning
Committee and the Planning Department will be responsible for the
planning process. The Planning Programme will outline the process,
identify the planning requirements and stakeholders and suggesting
the means for consultation and participation much in the same way as
for the overall Integrated Development Plan. It will be more detailed
and precise as it deals with a limited area of a community, neighbour-
hood, sub-district or a ward.
The Plan Preparation will require close cooperation and consulta-
tion with communities and other stakeholders as they will beneft or
be affected in a more direct way by the implementation of the Local
Area Plan.
A Local Area Plan will be adopted by the Council of the Local
Authority and a report submitted to the Provincial Planning Authority.
It is however important to note that the Local Area Plan must be in
line with the recommendations and proposals of the Integrated Devel-
opment Plan. If it is found that the conditions or requirements call for
a deviation from the IDP, the Local Authority shall consider a review
or amendment to the IDP.
The Local Area Plan is more directly linked to implementation and
these plans should therefore be more detailed, include detailed cost
estimate and provide implementation guidelines.
Community involvement and stakeholder participation is likely to
be more intense and will require even more attention, as proposals will
82 | Suide to the Draft Regional and Urban Planning Bill Zambia 2000
be more concrete and scheduled for implementation. All concerned people
should be given suffcient opportunities to participate and contribute their
views. There may also be a need for recommendations regarding institutional
arrangements or development agreements in particular in relation to imple-
mentation.
In many cases the Local Area Plans may be initiated by a community,
in which case the planning process needs to take into account the active
involvement of such a community.
Local Area Plans will most likely get great attention and
provide opportunities for planners to reach out to members
of the communities. Workshops and on-site meetings are
methods for community involvement.
Glossary
Notice
a written statement to direct the
Planning Committee to start the
planning process and a state-
ment informing the provincial
authorities about the intention to
prepare a plan
Suide to the Draft Regional and Urban Planning Bill Zambia 2000 | 88
Partnership with Private Developers
The Local Authority may enter into partnerships for plan
preparation, implementation, operation and maintenance
related to areas covered by Local Area Plans.
A private developer may prepare and submit a Local Area
Plan that complies with the Integrated Development Plan and
the procedural requirements for Local Area Plans.

Local Authorities may form partnership with private developers for the
preparation of Local Area Plans for specifc areas. The agreements may
cover programming, planning and implementation. Any such planning and
development project must follow the same procedures and meet the same
requirements as any Local Area Plan prepared by the Planning Committee
of a Local Authority. Partnerships can also be used for actual construction,
operation and maintenance for instance for streets, open space and waste
collection and other services.
If a private developer wishes to prepare a Local Area Plan, it must be in
an area that the IDP has identifed for development. The proposals must be in
line with the principles and intentions shown in the IDP. The private devel-
oper must prepare the plan in the same way as any other Local Area Plan and
it needs to be approved and adopted by the Local Council.
Joint Planning Initiatives
Glossary
PrivateDeveloper
a registered company or
individual who plans to carry out
constructions or either buildings,
roads or any other developments
but who is not a government
agency
Two or more Local Authorities may by written agreement
prepare Integrated Development Plans jointly.

When development is planned for areas covering more than one Local Author-
ity, the Urban and Regional Planning Bill proposes joint administration of
planning and development. This will require specifc agreements and also
institutional arrangements. In most cases such needs will occur in the develop-
ment of major cities. However, it can also be used to facilitate development in
more rural settings, where a number of Local Authorities share resources and
development opportunities.
84 | Suide to the Draft Regional and Urban Planning Bill Zambia 2000
Provincial Supervision
The Provincial Planning Authority will support the Local Authorities to carry
out their planning duties, but also control that the content and processes
meet the demands of the law. It will also control that national and regional
interests and policies are properly taken into account in the plans and that
the public, communities and other stakeholders have been involved in the
planning process. It can play an facilitating and coordinating role for Joint
Planning Initiatives and in formulation of regional development strategies.
The Provincial Planning Authority will play an important role to support
Local Authorities that lack capacity. In particular during the transition period
it is envisaged that the provincial authorities will engage in training of staff
and the introduction and establishment of the new procedures.
The Provincial Planning Authority has the responsibility to
monitor the process followed by Local Authorities
assist Local Authorities in any planning tasks, in cases
where Local Authorities lack capacity
facilitate coordination and alignment of Integrated Develop-
ment Plans of different Local Authorities
facilitate alignment of Integrated Development Plans with
plans, policies and strategies of national and provincial
organs
facilitate and guide joint planning initiatives
ensure that consultation with communities and stakehold-
ers has been carried out adequately
ensure consultation with the Ministry responsible for
fnance.

Suide to the Draft Regional and Urban Planning Bill Zambia 2000 | 85
PLANNING APPLICATIONS
The new proposed Bill provides for two types of planning applications
Development Permits
Plan Variation.

Planning permission from a Planning Authority is required for


the carrying out of any development or change of use of land,
including subdivision of land.

New technologies and improved management


will be required to achieve the objectives of
more effcient and simplifed planning application
procedures.
86 | Suide to the Draft Regional and Urban Planning Bill Zambia 2000
Development Permits
A person must submit an application for a Development Permit to the Plan-
ning Department of the Local Authority.
Development Permits may be used for development proposals that are in
accordance with the adopted Integrated Development Plan or any Local Area
Plan.
As plans are prepared with emphasis on participation and consultation, the
opportunities that the plan provides and restrictions that it includes, should
be well known. It will therefore also be easier for investors and developers to
adjust their proposals to the adopted plans. This will be encouraged by a more
simplifed handling of the planning applications that follow the plans.
The Planning Department will notify the Planning Committee and ask for
the chairpersons support for the issuing of the development permit.
The Development Permit can on this basis be issued directly by the Plan-
ning Department of the Local Authority and should be decided upon within
28 days.
In considering the application for a Development Permit the planning
department must ensure that the Planning Guidelines, the Integrated Develop-
ment Plan, Local Area Plans and other planning requirements are adhered to.
Plan Variation
Application for a Plan Variation will be needed when a development pro-
posal deviates from the proposals and recommendations of the Integrated
Development Plan or any Local Area Plan.
This may refer to change of use, subdivisions, difference from height or
coverage regulations or the size of the planned development. The application
will in this case be handled by the Planning Committee and will require
detailed assessment and scrutiny as well as consultation.
Before submitting the application the applicant for a Plan Variation must,
Notify in writing all owners and occupier of property adjacent to the land
to be developed
Consult with concerned stakeholders
Publish a notice in newspapers
Post a notice on the land to be developed.
The application shall include
Description of the project
Nature of the deviation from adopted plans
Reasons for the proposed change
Plans showing the intended development
Decision on the application made by the Environmental Council of
Zambia
Evidence of consent of neighbours
Description of any objections received.

Suide to the Draft Regional and Urban Planning Bill Zambia 2000 | 87
A Plan Variation may only be approved if the Planning Committee is
convinced that the proposed development satisfes public interests and good
environment.
When considering the application the Planning Committee will make sure
that consultation has taken place, all objections are registered, other related
developments are taken into account, and that infrastructure needs have been
regarded.
It is also important to assess if the Plan Variation will lead to a need for
review or alteration of the IDP.
The Planning Committee shall take a decision within 90 days and al-
low for those concerned to submit appeals against the decision. Where the
committee does not decide within this period of time the plan variation will
be considered as approved.
The Planning Committee may give conditions for the approval and
explain the reasons for approval or refusal.
In considering the application for a Plan Variation the Planning Committee
must
Verify the consent of stakeholders
Take into account land use plans and other land use legislation
Regard the recommendations of the planning department
Take into account the needs for public utilities and environmental protection
Regard the impact on the IDP and Planning Guidelines in terms of review
requirements.

An advertisement board informing the public about intended development


is part of a more transparent and participatory planning administration.
88 | Suide to the Draft Regional and Urban Planning Bill Zambia 2000
Appeals against Planning Decisions
If a person is dissatisfed with a decision by the Planning Committee may
send an appeal to the Planning Appeals Tribunal. Such an appeal must be
submitted within 30 days after the publication of the notifcation of the
decision.
Report and Registers
The Planning Department will report on all applications for Development
Permits to the Planning Committee once every quarter.
The Planning Committee must report on all Plan Variations to the Council
and to the Provincial Planning Authority every quarter.
The Planning Committee shall keep a record of all Development Permits
and Plan Deviations that are processed and submit reports to the Local
Authority and the Provincial Planning Authority.
Notices regarding planning and development project should be
available at the Local Authority, Planning Department.
Suide to the Draft Regional and Urban Planning Bill Zambia 2000 | 80
PLANNING CONTROL AND
COMPENSATION
Planning control and compensation deals with the practical enforcement
of the decisions taken by the Planning Committee. This is also an essential
part of the implementation of plans and a way to ensure quality in the built
environment.
Planning Control
Each Local Authority must have a Planning Inspector who will be responsi-
ble for planning control and enforcement.
In most Local Authorities and in particular in cities and towns there will
be need for a number of planning inspectors and additional administrative
staff.
If development takes place without a development permit or an approved
application for Plan Deviation, the Planning Inspector will have the right to
take action on behalf of the Local Authority, and
Issue an enforcement notice
Impose conditions to ensure compliance
Require actions to change or remove the development
Require that the land is restored.
If a person does not do what he or she has been told to do in the enforcement
notice the Local Authority has the right to take action and the person can be
charged a fne.
A person who has received an enforcement notice but does not agree with
what the notice tells him or her to do can appeal to the Planning Appeals
Tribunal.
Compensation
If a person incurs expenses that are due to revocation or modifcation of a
planning decision, he or she will be entitled to compensation.
However compensation will not be paid for
Work carried out before permission was granted
Development in areas unsuitable for the use intended in the application
Development that is not in line with the Integrated Development Plan or
any Local Area Plan.

Glossary
Enforcement
carrying out actions based on
decisions taken by the Planning
Authority
Enforcementnotice
a notice issued by a planning
authority confrming that a build-
ing or change of use is illegal
and must stop immediately
Compliance
obeying the laws and rules
Revocation
the complete cancellation of a
previous decision
Compensation
payment of money to make good
the damage or loss suffered as
the result of a decision or action
40 | Suide to the Draft Regional and Urban Planning Bill Zambia 2000
GENERAL PROVISIONS
The sections under General Provisions deal with regulations, guidelines and
notices. These are issues in terms of the legislation that will be the responsi-
bility of the Minister.
Regulations
The Minister may issue regulations for
Local Planning Authorities
Provincial Planning Authorities
Planning Committees
Planning Appeals Tribunals
Compensations
Planning Applications
Integrated Development Plans
Local Area Plans
Sectoral Local Plans
Upgrading of Informal Settlements.

The new Urban and Regional Planning Bill promotes urban and rural development and protects
natural resources and national and regional assets.
Suide to the Draft Regional and Urban Planning Bill Zambia 2000 | 41
notes
42 | Suide to the Draft Regional and Urban Planning Bill Zambia 2000
notes
Suide to the Draft Regional and Urban Planning Bill Zambia 2000 | 48