TABLE OF CONTENTS

TABLE OF CONTENTS..........................................................................................................................1

PREFACE..................................................................................................................................................3

1.GUIDELINES FOR PREPARATION OF DETAILED PLANNING SCHEMES

(NEIGHBOURHOOD PLANS) OF 2007................................................................................................4

1.1 AUTHORITIES FOR THE PREPARATION AND IMPLEMENTATION FOR ALL

DETAILED PLANNING SCHEMES.....................................................................................................4
1.2 PREPARATION PROCESS........................................................................................................4
1.3 TIME FRAME...................................................................................................................................5
1.4 DETAILED CONTENTS OF THE OUTPUT.............................................................................6
1.5 IMPLEMENTATION PROCESS................................................................................................6
2. THE URBAN PLANNING ACT OF 2007...........................................................................................8

2.1 PLANNING AUTHORITIES............................................................................................................8

2.2. DECLARATION OF PLANNING AREAS.....................................................................................8
2.3 PLANNING AUTHORITY FOR DETAILED PLANNING SCHEME (WITH RESPECT TO
GENERAL PLANNING SCHEME).......................................................................................................8
2.4 JOINT DETAILED PLANNING SCHEMES...................................................................................9
2.3 AMENDMENT OF THE DETAILED PLANNING SCHEMES......................................................9
2.4 OBJECTIVE AND CONTENTS OF A DETAILED PLANNING SCHEME...................................9
2.5 STAGES FOR THE PREPARATION OF DETAILED PLANNING SCHEMES..........................11
2.6 TAKING DETAILED PLANNING SCHEME INTO EFFECT......................................................11
3. LAND USE PLANNING ACT OF 2007............................................................................................12

3.1 PLANNING AUTHORITIES..........................................................................................................12

4.THE UNIT TITLE ACT OF 2008.......................................................................................................12

5.1 CREATION OF UNITS..................................................................................................................12

5.2 THE DESCRIPTION OF UNIT PROPERTY.................................................................................12
5. LAND ACT No.4 1999.........................................................................................................................13

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6. LAND ACQUISITION ACT, 1967.....................................................................................................13

8.1 GOVERNMENT TO PAY COMPENSATION..............................................................................13

7. BUILDING CODES, 1968..................................................................................................................14

9.1 APPLICATIONS OF THE BUILDING CODES............................................................................14

8. THE ENVIRONMENTAL MANAGEMENT ACT OF 2004..........................................................14

8.1 DEFINITION OF SOME KEY TERMS.........................................................................................14

8.2 IMPLICATIONS OF THE EMA, 2004 IN NEIGHBOURHOOD PLANNING.............................15
8.3 ENVIRONMENTAL IMPACT ASSESSMENT.............................................................................15
8.4 DESIGNATING WASTE TRANFER AND COLLECTION POINTS...........................................16
9. THE URBAN PLANNING (URBAN FARMING) REGULATIONS, 2018....................................17

9.1 GRANTING THE PERMISSION FOR URBAN FARMING.........................................................17

9. 2 SPECIAL ZONES FOR URBAN FARMING................................................................................17
10. THE URBAN PLANNING (USE GROUPS AND USE CLASSES) REGULATION, 2018.........17

OPINIONS AND RECOMMENDATIONS..........................................................................................19

REFERENCES........................................................................................................................................20

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 PREFACE
When it comes to Neighbourhood planning it is the aspect/process which needs a serious and
effective implementation of the guiding principles and regulations concerning neighbourhood
preparation process, the reason to as why it is always the first procedure in a neighbourhood
preparation process.

This report has passed across some of the selected legal documents in this context so as to
justify the statement above. It is the expectation of the group members that it will be helpful in
shaping and reminding the authorities for neighbourhood planning so as to create sustainable and
livable neighbourhoods.

At the second last page there are our recommendations and opinions about these selected
legal documents, may them be considered by anyone passing over this report, Thanks!

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 1.GUIDELINES FOR PREPARATION OF DETAILED PLANNING SCHEMES
(NEIGHBOURHOOD PLANS) OF 2007

1.1 AUTHORITIES FOR THE PREPARATION AND IMPLEMENTATION FOR ALL

DETAILED PLANNING SCHEMES
Section 3.0 page.17 of this act has highlighted the responsible authorities for the
preparation and implementation of the detailed planning schemes which include The Central
Government, Local Government authorities and private institutions. But also, it states that the
land holders may also prepare the detailed planning schemes.

1.2 PREPARATION PROCESS

Section 3.1 page.17 has highlighted the whole process to be followed when
preparing the detailed planning schemes that have been described into thirteen points as follows;
-

 The LGA shall justify a need for a detailed planning scheme, and declare the area a
planning area.
 The LGA shall pass a resolution of intention to prepare a detailed planning scheme
 The Steering Committee (Council Management Team-CMT) shall let the Minister
responsible for town planning, publish intent by a notice in a Government Gazette and
newspaper circulating in the local area, and put a notice in a local government-Mtaa and
Ward offices.
 The Preparatory Authority shall convene a meeting of all stakeholders in the area to be
affected by the scheme, to allow participation in the preparation of the scheme as well as
allowing landholders to submit their proposals/schemes.
 Following a positive resolution from the above meeting the Council Management Team
(CMT) and LGA shall endorse the idea.
 The Technical Committee (TC) shall identify actors and stakeholders, their roles,
mandates, capacity for implementation

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  The CMT shall consult with the actors and stakeholders who include service providers
and seek their development proposals and views in the planning area.
 The TC shall prepare a planning program indicating population, uses and land use
budget, standards and conceptual plan.
 The TC shall prepare draft detailed planning scheme for the area and a 3-dimensional
illustration of a part or whole scheme.
 The CMT shall prepare corresponding infrastructure layout proposals in collaboration
with utility agencies and solid waste collection and disposal sites.
 The TC shall prepare action plans and budget.
 The Preparatory Authority (PA/CMT) shall present the scheme to stakeholders and the
Council for acceptance and endorsement.
 The Local Government Authority (LGA) shall submit the scheme to the Director of
Town Planning through the RAS.

1.3 TIME FRAME

The Guidelines for Preparation of Detailed Planning Scheme of 2007, Section 3.2
page. 17 has specified the time frame to be 6 months.

1.3 CONTENT AND FORM OF OUTPUTS

Section 3.3.1 page. 18 of the Guidelines for preparation of Detailed Planning Scheme
2007, has outlined the outputs of a detailed planning process that should include; -
 A report of existing situation and planning program;
 Location plan in appropriate scale
 Conceptual plan
 A plan/scheme in scale 1:2500
 Infrastructure supplement plans in appropriate scale
 Cluster plan in scale 1:1000/1:500
 Illustrative 3D-model of a part or whole scheme in appropriate scale, where applicable a
plot site plan in scale 1:200/1:100

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  Action plan and budget (implementation schedule/plan).

1.4 DETAILED CONTENTS OF THE OUTPUT.

Section 3.3.2 page. 18 of the Guidelines for preparation of Detailed Planning
Schemes of 2007 has gone further to explain the detailed contents of the outputs for Detailed
Planning Schemes which are as follows; -

 A report containing an analysis of land terrain, soils, climate, vegetation, exiting land
uses, land tenure, existing development, surveyed plots/farms, pattern of all development
within and surrounding areas, land requirements for various uses (to include utility
services, community facilities, and solid waste collection and disposal sites) needed by a
targeted population within a given planning period. The report shall also contain
identification of authorities/actors responsible for providing service and/or developing the
various land uses and their plans/any commitments for the area.

 Indicative report summarizing possible strategies for clearing third party interests in the
area.

 Land use plan (drawings) providing for reservation of areas, zones, and sites for dwelling
units, shopping facilities, community facilities, landscaping, conservation and
preservation areas, agricultural and other purposes.

 Layouts of physical infrastructure and public services to include sites for liquid and solid
wastes collection and disposal/treatment.

1.5 IMPLEMENTATION PROCESS

Section 3.4 page. 18 &19 of The Guidelines for Preparation od Detailed Planning
Schemes has pointed out the implementation process for Detailed Planning Schemes as
follows; -

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 The TC shall send copies of approved scheme to the Regional Secretariat and planning
authority for custody.
 The CMT shall present approved scheme to Ward/Mtaa Offices and avail copies for
display and custody of Mtaa/Ward Leaders.
 The CMT shall mobilize resources for effecting cadastral survey and infrastructure
provision.
 The CMT shall convene a consultation meeting with actors and stakeholders to agree on
implementation, operation and maintenance modalities to include sharing of roles and
responsibilities; timeframe; and commitment.
 The CMT shall establish a committee comprising stakeholder’s representative to
mobilize resources needed for implementation.

 The TC shall coordinate the carrying out of cadastral surveying by local authority or
private surveyor.
 The TC shall get the survey plan approved by the Ministry.
 The CMT shall collaborate with basic utility agencies to ensure provision of
infrastructure, community facilities as well as solid waste collection and disposal sites.
 The LGA shall dispose plots to prospective developers and facilitate processing of
certificate of occupancy.
 The LGA shall facilitate issuing of building permits.
 The TC shall enforce and ensure adherence to development conditions
 The TC shall ensure developers have obtained building permits or planning consents.
 The TC in collaboration with Ward/Mtaa Offices shall ensure that development
conforms to development conditions.

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 2. THE URBAN PLANNING ACT OF 2007

2.1 PLANNING AUTHORITIES

Part.III Section. 7 (1) of the Urban Planning Act 2007 has also mentioned out the
responsible authorities for the on which it states that:

“Every city council, municipal council, town council and township authority shall each become a
planning authority in respect of its area of jurisdiction.”

2.2. DECLARATION OF PLANNING AREAS

The Detailed planning scheme has to be implemented on the areas declared by the
Minister to be as areas for planning, the whole process has been described on Part.IV(a)
Section.8 (1)-(4) page.14 as follows; -

8.-(1) The Minister may, by order published in the Gazette, declare any area of land to be a
planning area.
(2) Every planning area shall have defined boundaries.
(3) Declaration of planning area shall be preceded by-
(a) favourable response at public hearing or public hearings in the area conducted by the
planning authority;
(b) resolution by planning authority recommending declaration of planning area; and
(c) positive recommendation by the Regional Secretariat of the respective region .

2.3 PLANNING AUTHORITY FOR DETAILED PLANNING SCHEME (WITH RESPECT

TO GENERAL PLANNING SCHEME)
Again Part.IV(c) section.15 (1) has explained that the detailed planning scheme can be
done even when the general planning scheme has not been prepared for the area. It emphasizes
that:

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“A planning authority may on own motion prepare a detailed planning scheme in respect of all or
any land situated within a planning area notwithstanding that a general planning scheme has not
been prepared for the planning area.”
But when it comes to the situation that the General Planning Scheme is present the planning
authorities should take into account the General planning as published by the minister for Land,
Housing and Human settlements as explained on Part.IV(c) section.15 (5)

Nevertheless, Part.IV(c) section.15 (2) states that the land holder can also prepare the
detailed planning scheme which conforms to the general planning scheme when available as
follows:
“A landholder may prepare a detailed planning scheme on his land notwithstanding that a
detailed planning scheme has been prepared by the planning authority in respect of that land so
long as it conforms to general planning scheme”

2.4 JOINT DETAILED PLANNING SCHEMES

The Urban Planning Act of 2007 also explains about the so called Joint Detailed
Planning Scheme that is the one which incorporates two or more planning authorities on
Part.IV(c) section.15 (3) that,

“A joint detailed planning scheme may be made by two or more planning authorities.”

This has also been explained on Part.IV(c) section.15 (6) that any urban authority and district
authority can incorporate in the detailed planning scheme, land use plan of villages within its
areas of Jurisdiction.

2.3 AMENDMENT OF THE DETAILED PLANNING SCHEMES

Part.IV(c) section.15 (7) of the urban planning Act 2007 explains that a detailed
planning scheme can be amended where the need arises.

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2.4 OBJECTIVE AND CONTENTS OF A DETAILED PLANNING SCHEME
Section 16 (1) of the Urban Planning Act of 2007 has also stated about the objective of
the Detailed Planning Scheme as follows:

“The objective of every detailed planning scheme shall be to coordinate all development
activities, to control the use and development of land including intensive use of urban land and,
in particular, vertical and compact urban development.”

Nevertheless, Section 16 (2) – (4) have continued to explain about other contents
concerning detailed planning schemes as follows; -
16. (2) A detailed planning scheme may be a long-term or short-term physical development
scheme or for renewal or re-development of any part of the planning area.

(3) A detailed planning scheme shall consist of:

(a) a survey in respect of the area to which the scheme relates and carried out in a manner as may
be prescribed; and

(b) maps and descriptions as may be necessary to indicate the manner in which the land in the
area may be used.

(4) A detailed planning scheme may make provision of matters set out in the Second Schedule to
this Act.
The Second schedule of the Urban Planning Act 2007 includes the statement of problems and
objectives which include:
 unemployment,
 traffic congestion
 pollution
 land tenure
 lack of services
 bad terrains or soils

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Not only that, but also schedule 2 of the Urban planning Act explained about Physical analysis,
land use projection tables, population and economic base and communication and services.

2.5 STAGES FOR THE PREPARATION OF DETAILED PLANNING SCHEMES

Section 19(1) of the Urban Planning Act of 2007, the stages for preparation have been
outlined to be as follows; -
(a) initiate the process by passing a resolution of intention to prepare a detailed planning scheme;

(b) convene a meeting of all stakeholders, including landholders, public and private institutions,
Community Based Organizations and Non-Government Organizations in the area to be affected;

(c) in the event of a positive resolution by the said meeting, endorsing the proposal and the
planning authority shall proceed to prepare a detailed planning scheme;

(d) within three months of the making of the scheme the planning authority shall conduct a
public hearing or hearings in the planning area; and

(e) make alterations or modifications, if any, by taking into account the results of public hearing
before submitting it to the scheme for its approval.

2.6 TAKING DETAILED PLANNING SCHEME INTO EFFECT

The urban Planning Act of 2007 on Section.20 (2) page 20 has made it clear that that the
detailed planning scheme shall be into effect 7 days after the date of publication in the gazette.

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 3. LAND USE PLANNING ACT OF 2007

3.1 PLANNING AUTHORITIES

Part V Section. 18 (1) of the Land Use Planning Act of 2007 has pointed out the
planning authorities, which have the mandate to prepare the plans that shall include:

 A village council
 A district council
 The national Land use commission and
 Any such body or organ which the minister may, by order published in the Gazette,
declare to be a planning authority or joint planning authority.

4.THE UNIT TITLE ACT OF 2008

5.1 CREATION OF UNITS
Section 4 Sub section 1, Unit property shall be created when certain units of real property are
owned by co-owners for their exclusive use and certain portion of the same property are held in
co-ownership for common use

5.2 THE DESCRIPTION OF UNIT PROPERTY

Section 5 Sub section 1, For the purpose of this Act a unit property shall include a single
building or several buildings comprising of sections of unified site together with the land on
which they are located and all real rights existing in their favor

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 5. LAND ACT No.4 1999
This act provides for the categories of public land this is under part three of the act section four
(4) subsections a, b and c which classify public land into;

 General land
 Village land
 Reserved land

From which the general land and the village land are the lands where planning can be conducted
while the reserved land cannot unless it is transferred to either village land or general land.

The land act also gives importance of land tenure under section four part three of the act where it
states that for a person to be paid compensation for his land, he or she must be a rightful owner
of the land.

6. LAND ACQUISITION ACT, 1967

8.1 GOVERNMENT TO PAY COMPENSATION
On Section 11(1) of the Land Acquisition Act,1967 explains that the government should
pay the citizens for compensation in case their properties had been demolished as follows:

6.(11) Subject to the provisions of this Act, where any land is acquired by the President
under section 3 the minister shall on behalf of the Government pay in respect thereof, out of
moneys provided for the purpose by parliament, such compensation as may be agreed upon or
determined in accordance with the provisions of this Act.

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 7. BUILDING CODES, 1968
It was made under the Local government (Adoptive By-law) in 1968. Part II of this
Building codes has explained about the sitting and space about buildings. Part III has explained
about the building materials as follows:

 Sec. 38-45 has explained about the building site

 Sec. 43-45 has highlighted about Foundation
 Sec. 46-51 has explained about General load bearing requirement
 Sec 169-184 has explained about Drainage system
 Sec. 194-201 has explained about sewer

Part. IV of the building codes has explained about advertisement which involve how the building
codes shall be put into effect and implemented.

9.1 APPLICATIONS OF THE BUILDING CODES

The following include the applications for the building codes which are as follows; -

i. Help in allocating different infrastructures such as sewer as explained under Part III
Section 194-201
ii. Provide proper Land use by considering types of soils as explained under Part III
iii. Provide proper setbacks and size of different plots.

8. THE ENVIRONMENTAL MANAGEMENT ACT OF 2004

8.1 DEFINITION OF SOME KEY TERMS
From this Act, section 2 has provided definitions of necessary terms that have been used in
the act and some of them include the following; -

 Environmental planning: Is the planning that takes into account environmental

exigencies.

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  Environmental Impact assessment: Means a systematic examination conducted to
determine, whether or not a program, activity or project will have adverse effect on the
environment.

 Solid waste management: an essential service that is provided to protect the environment
and public health, promote hygiene, recover materials, avoid waste, reduce waste
quantities, decrease emission and residuals and prevent spread of diseases.

8.2 IMPLICATIONS OF THE EMA, 2004 IN NEIGHBOURHOOD PLANNING

i. Section 4(1) of the Act justifies that everyone in the neighbourhood shall have the right
to clean, keep safe and healthy environment. This will involve people in their residential
plots up to small service industries and informal trade activities that are going on in the
neighbourhood, both of them should ensure that the environment is protected and kept
safe and healthy.
This continues to section 6 which states that the duty to safeguard and enhance the
environment should be of everyone in the neighbourhood and one should inform the
responsible authority of any activity that may affect the environment significantly.
ii. Section 5(2)(f) explains about providing compensation to the victim(s) of any activity
that caused harm to their health or the environment. For instance, in the neighbourhood,
if the small-scale industry such as milling machines will be making noises that cause
disturbance, they should report to the responsible authorities to come and inspect the
service and direct them to set sound proof materials.
This is the same to when the connections of sewerage systems will be poor enough
to pollute the environment and harm the people in the neighbourhood then the
responsible authority should have to provide compensation to the affected ones.
iii. Moreover, the objective of this Act with respect to neighbourhood planning is to provide
for and promote the enhancement, protection, conservation and management of the
environment.

8.3 ENVIRONMENTAL IMPACT ASSESSMENT

Section 81(1)-(4) of the Environmental Management Act explains that an environmental
impact assessment should be done prior to any project or activity and the permit or license for
carrying out of the project will be issued once the Minister has approved the environmental

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impact assessment done for that project will have no adverse effect to the environment as
explained under Section 92.

Eventually anyone who will carry out the project or activity without Environmental
Impact Assessment will commit an offense as per under Section 81(4).

Application with respect to the neighbourhood is that before starting the construction of the
neighbourhood or construction of the significant large project in the neighbourhood the
Environmental impact assessment

8.4 DESIGNATING WASTE TRANFER AND COLLECTION POINTS

Section 114(3) depicts that there should be the creation of collection points at housing
clusters at a reasonable distance from the residential units for accessibility but also, the methods
of waste transfer to the collection centres should be defined and be effective.

But the waste transfer stations for the purposes of collection of solid waste should be
located far from the neighbourhoods to avoid any inconveniences like air pollution and outbreak
of poor hygienic disease such as cholera.

The implication to this is that within the neighbourhood there should be enough waste
collection points for instance for every two ten cell units there should be a waste collection point
located at accessible distance from all the housing plots so as to keep safe and clean the
neighbourhood.

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 9. THE URBAN PLANNING (URBAN FARMING) REGULATIONS, 2018
9.1 GRANTING THE PERMISSION FOR URBAN FARMING
Section 3(1)(a) explains that every planning authority may receive, consider, grant or
effuse application for urban farming permits however it has not specified exactly which planning
authority is responsible because even private institutions and land holders can also prepare the
detailed planning schemes.

9. 2 SPECIAL ZONES FOR URBAN FARMING

Section 4(1) states that no farming activity shall be allowed in areas other than those
zoned for urban farming upon grant of urban permit. By referring to the neighbourhood planning
zoned areas for urban farming should be located far from residential plots to not pose a hazard,
environmental harm, pollution or environmental degradation as stated in Section 4(2) to ensure
this they may be located to the periphery of the neighbourhoods.

10. THE URBAN PLANNING (USE GROUPS AND USE CLASSES) REGULATION,
2018.
This regulation has managed to give the various use groups and use classes which consist of
buildings, public facilities, open spaces and other components which are essential when doing
planning as explained in Section 3(1) that: “For the purposes of planning and the control of
development, all uses of land are categorized in the use of groups and use classes in the first
schedule.”

The first Schedule has explained on the different use groups and use classes but the ones
which are applicable for our context of Neighbourhood planning include the following; -

A, B, C, D, E, F, H, J, K, M, P, Q and S.

Section 4 depicts that the planning authority may permit any use not classified under a
separate use class in these regulations provide that such use is in the public interest for instance
in the neighbourhood there are often residential commercial plots or bread and bakeries as

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service industries, laundry, dry cleaning and dry facilities so they will be permitted as long as
their use is of public interest.

Nevertheless, Section 6 has explained about the change of land uses is allowed but if its
aim is to maximize the use of land and the existing infrastructure, to control urban sprawl and to
allow for new investment. For instance, in the neighbourhood plan the plots for low density may
be turned into plots for multi-storeyed buildings so as to cover the rapid population growth.

Moreover, Section 6(3) has specified areas that are strictly prohibited to be changed into
other uses that include: -

 Public Open Spaces

 Car parking
 Worshiping plots
 Industrial area
 Cemeteries
 Special areas for living national figures

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 OPINIONS AND RECOMMENDATIONS
1. From the Environmental Management Act of 2004, the separation of wastes should begin
at the house level by introducing special facilities to put wastes according to their
categories for instance garbage, plastics, glass and so on no matter that the wastes from
the neighbourhoods (residential) are substantially garbage and biodegradable wastes but
this will help to increase efficiency even at the city level.

2. The environmental management Act should also specify the penalties for different
environmental pollution activities that tend to interfere with human daily activities.

3. The Use groups and Use classes Regulation of 2018 can help to know the activity of
people particularly foreigners hence ensuring security in the country. For instance, in Use
groups C it indicates that a person is living for a certain purpose for instance in the hotels,
hospitals etc.

4. The use groups and use class regulation helps to categorize the value of Tax for different
land uses and buildings.

5. There is no Use Group I which can be a reason for future categorization of land use in the
Use Groups and Use classes regulation of 2018.

6. The Urban Planning (Control and management of Public Open Spaces) Does not specify
on the types of open spaces which can cause complication when planning for the open
spaces

7. The Use groups and use classes regulation has talked about different public facilities and
components but missing its space standards which can cause the work to be hard when
someone has no access to planning space standards at the time.

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 REFERENCES

1. The Urban Planning Act of 2007

2. Guideline for preparation of detailed planning schemes, 2007

3. Land Act Number 4 of 1999

4. Land Acquisition Act of 1967

5. The Land Use Planning Act of 2007

6. The Unity Title Act, 2008

7. Building Codes, 1968

8. Urban farming regulation of 2018

9. Use groups and Use classes regulation of 2018

10. Control and management of public open spaces regulation of 2018

11. The environmental management Act, 2004

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