CHAPTER 355
TOWN AND COUNTRY PLANNING ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.-10.   [Repealed.]

   11.   Power of Minister to give directions.

   12.   [Repealed.]

PART II
PLANNING AREAS

   13.   Declaration of planning areas.

   14.   Validity of orders.

   15.   Area Planning Committees.

   16.   [Repealed.]

   17.   Preparatory Authorities.

   18.   Power of Minister to delegate functions.

   19.   Cancellation of powers of certain Preparatory Authorities.

   20.   Restriction on powers of Preparatory Authorities other than Minister.

PART III
PREPARATION OF SCHEMES

   21.   Resolutions to prepare general planning schemes.

   22.   [Repealed.]

   23.   Preparation of general planning schemes and amending schemes.

   24.   Preparation and adoption of detailed schemes.

   25.   Minister to furnish estimate of cost of compensation and to consult Area Planning Committee.

   26.   Contents of schemes.

   27.   Redistribution of land in certain cases.

   28.   Minor boundary adjustment to give effect to schemes.

   29.   Deposit of schemes.

   30.   Inspection and objections.

   31.   Submission of scheme to, and approval of scheme by, Minister.

   32.   Consideration of objections and approval of schemes by Minister.

   33.   Publication of schemes.

   34.   Date of coming into effect of scheme.

PART IV
CONTROL OF DEVELOPMENT AND EXECUTION OF SCHEMES

   35.   No development in planning area without planning consent.

   36.   Authorities responsible for control of development in planning area.

   37.   Development and planning consent to have regard to scheme in course of preparation.

   38.   Conformity with scheme when in force.

   39.   Power to impose conditions.

   40.   Planning consent not to be withheld in certain cases.

   41.   Powers of Minister to arrest certain development in planning areas.

   42.   General development orders.

   43.   Ad hoc planning consent.

   44.   Application for planning consent.

PART V
ACQUISITION OF LAND AND COMPENSATION

   45.   Acquisition of land.

   46.   Land owner may require land to be acquired in certain circumstances.

   47.   Restriction on right to require land to be acquired.

   48.   Allocation of land acquired.

   49.   Valuation for purposes of acquisition and expenses.

   50.   Value of land for purposes of compensation.

   51.   Public land subject to compensation in certain cases.

   52.   Compensation for injury caused by scheme.

   53.   Factors to be taken into account in assessing compensation.

   54.   No compensation in certain cases.

   55.   No compensation in respect of undeveloped area.

   56.   Circumstances limiting compensation.

   57.   Date when compensation becomes payable.

   58.   Local government authority may pay compensation in certain cases before scheme in operation.

   59.   Making of claims for compensation.

PART VI
MISCELLANEOUS PROVISIONS

   60.   Determination of disputes.

   61.   Appeals.

   62.   Determination of appeals.

   63.   Finances of Area Planning Committees.

   64.   Duty of certain local government authorities to make provision for acquisition and compensation and power of Government to contribute.

   65.-69.   [Repealed.]

   70.   Revocation of a scheme.

   71.   Obligation to give information to Minister or Area Planning Committee.

   72.   Power of entry.

   73.   Payment of compensation for damage.

   74.   Penalty for contravention of scheme.

   75.   Powers of local government authority to order demolition, etc.

   76.   Appeal against demolition order.

   77.   Power of local government authority to effect compliance with notice.

   78.   Recovery of costs by local government authority.

   79.   Service of notices.

   80.   Protection from liability.

   81.   Power to make regulations.

   82.   Records of planning consent.

   83.   Planning consent to prevail over certain by-laws and rules.

   84.   [Repeal.]

SCHEDULES

CHAPTER 355
THE TOWN AND COUNTRY PLANNING ACT

An Act to make provision for town and country planning.

[28th December, 1956]

[R.L. Cap. 378]
Ords. Nos.
42 of 1956
14 of 1961
Acts Nos.
38 of 1966
41 of 1969
13 of 1991
9 of 1996
2 of 2002
G.Ns. Nos.
260 of 1974
68 of 1978

PART I
PRELIMINARY PROVISIONS (ss 1-12)

1.   Short title

   This Act may be cited as the Town and Country Planning Act.

2.   Interpretation Acts Nos. 14 of 1961 ss. 2 and 3; 2 of 2002 Sch.; G.Ns. Nos. 260 of 1974; 68 of 1978">

   (1) In this Act, unless the context requires otherwise–

   "amending scheme" means a scheme amending a general planning scheme or a detailed scheme or an earlier amending scheme prepared pursuant to the provisions of subsection (2) or subsection (3) of section 23;

   "Area Planning Committee" means an Area Planning Committee constituted or appointed under the provisions of section 15;

   "building" means any building, erection or other structure erected or made on, in or under any land and includes the land on, in or under which the building is situated;

   "building operations" includes any building or erectional operations, and the making of roads, railways, water works, sewage disposal works, electrical or telephonic installations and any road works or earth-works preliminary or incidental to the erection of buildings;

   "built-up area" means an area which is predominantly developed with buildings;

   "court" includes the District Land and Housing Tribunal and the High Court (Land Division);

   "detailed scheme" means a scheme prepared or adopted pursuant to the provisions of section 24 making provision for the detailed planning of any part of a planning area included in a general planning scheme or in respect of which a general planning scheme is in course of preparation;

   "development" means the carrying out of any building operation, engineering operation or mining operation in, on, under or over any land, the subdivision or laying out of land, or the making of any change in the use of land, but does not include–

   (a)   the making of any change of use from a purpose within any class which may be prescribed to the use thereof for any other purpose within the same class; or

   (b)   any operation or change of use set out in the Second Schedule; or

   (c)   any other operation or change of use specifically excluded by regulations made under this Act,

and the expression "develop" with its grammatical variations shall be construed accordingly;

   "general development order" means an order issued under the provisions of section 42;

   "general planning scheme" means a scheme prepared pursuant to the provisions of subsection (1) of section 23 making provision for the general overall planning of a planning area;

   "land" includes mining rights, forestry rights, buildings and any permanent fixture to land whether natural or artificial;

   "local government authority" means subject to subsection (4), a local government authority as defined in the Local Government (District Authorities) Act * or, as the case may be, the Local Government (Urban Authorities) Act *:

   Provided that in the case of a planning area adjoining the boundaries of an urban authority the local government authority in relation to such planning area shall be deemed to be the urban authority or Town Council whose boundaries it adjoins in any case where the Minister so specifies in the notice declaring that area to be a planning area or in any subsequent notice;

   "material date", in relation to any planning area, means the date on which the order made by the Minister under section 13 in respect of such planning area is published in the Gazette;

   "Minister" means the Minister responsible for town and country planning; but in the case of the Capital Development Area, "Minister" means the Minister responsible for the Capital Development Area as described in Drawing Area No. CDA.74/1 (consisting of paragraphs (a) and (b)) prepared by the Capital Development Authority titled "Interim Land Use Plan for Dodoma";

   "owner" includes a joint owner, a holder of, or a lessee under, a right of occupancy or a lease, tenant for life and any other person in actual possession of any land or entitled to receive the rents of any land of any tenure or description and the holder of mining rights or forestry rights and the agent or attorney of such persons or any of them;

   "planning area" means an area declared to be a planning area under the provisions of section 13;

   "planning consent" means consent to the development of any land within a planning area given by the authority empowered to give such consent pursuant to the provisions of this Act;

   "Preparatory Authority" means the authority responsible under the provisions of section 17 for the preparation of a scheme;

   "prescribed" means prescribed by regulations under this Act;

   "road" means any road or street, square, court, alley or passage, bridge, lane, driftway, bridlepath, footpath, or highway, whether a thoroughfare or not, and whether public or private, but does not include a sanitary lane;

   "scheme" means any general planning scheme, detailed scheme or amending scheme made under this Act;

   "site" in relation to any building includes offices, outbuildings, yards, courts or gardens occupied or intended to be occupied therewith.

   (2) Save as is excepted in the Second Schedule, the placing or keeping on any land of any tent, shed, caravan or other object whether fixed or collapsible, shall be deemed to be a use of such land.

   (3) References in this Act to a scheme, in relation to any land within a planning area, shall be construed as references to the general planning scheme, as amended from time to time by any subsequent amending scheme, affecting such land or, if any detailed scheme affects such land, shall be construed as references to such detailed scheme.

   (4) Where, under Part V, section 60, or subsection (3) of section 70, provision is made–

   (a)   for an agreement between the local government authority and the owner of land for the acquisition of such land or as to the value of land; or

   (b)   for the service of notice to acquire land or otherwise on or by the local government authority; or

   (c)   for the payment of the expenses of acquisition or for the payment of compensation or costs by the local government authority; or

   (d)   for the bringing of a suit by or against the local government authority,

and, in any such case, the local government authority concerned is not a municipal, town or district council, such provisions as aforesaid shall be read as if the Minister were substituted for the Local Authority, and, accordingly, where the Minister is required to pay the expenses of acquisition or to pay compensation or costs, he shall pay the same out of moneys provided by the Legislature.

3.-10.   Repealed

   [Repealed by Ordinance No. 14 of 1961 s. 4.]

11.   Power of Minister to give directions Ord. No. 14 of 1961 s. 5">

   The Minister may, after consultation with the local government authority, Area Planning Committee or Preparatory Authority concerned, give general or special directions in writing to such local government authority, Area Planning Committee or Preparatory Authority as to the performance of its functions under this Act, and a local government authority, Area Planning Committee, or Preparatory Authority so directed shall comply with all written directions so given.

12.   Repealed

   [Repealed by Ordinance No. 14 of 1961 s. 4.]

PART II
PLANNING AREAS (ss 13-20)

13.   Declaration of planning areas Ord. No. 14 of 1961 s. 6">

   (1) If, after consultation with the local government authority concerned, the Minister is of the opinion that a general planning scheme should be made in respect of any area, he may by order published in the Gazette declare that area to be a planning area.

   (2) An order under this section shall come into operation on the material date.

   (3) A copy of every order made under this section, together with a plan of the area, shall be posted by the local government authority concerned at such places within the planning area as it may direct.

14.   Validity of orders Ord. No. 14 of 1961 s. 7">

   An order made under section 13 shall, unless it is sooner revoked, cease to have effect three years after the material date if no scheme in respect of that planning area or any part thereof has been approved by the Minister in accordance with section 31 or 32 within the said period of three years:

   Provided that the Minister may, by order published in the Gazette, extend the period of validity of such order beyond the period of three years from the material date.

15.   Area Planning Committees Ord. No. 14 of 1961 s. 2">

   (1) There shall be an Area Planning Committee for every planning area.

   (2) In the case of a planning area wholly within the boundaries of a municipality, the Area Planning Committee shall be the Municipal Council.

   (3) In the case of a planning area wholly within the boundaries of a township, whose authority is a Town Council, the Area Planning committee shall be the Town Council.

   (4) In the case of a planning area partly within and partly without the boundaries of a municipality–

   (a)   if the Municipal Council and the local government authorities of that part of the planning area outside the municipality consent, the Area Planning Committee shall be the Municipal Council;

   (b)   if the Municipal Council or the local government authorities of that part of the Planning Area outside the municipality do not agree that the Municipal Council shall be the Area Planning Committee for the whole planning area, there shall be two Area Planning Committees in respect of the planning area and the Municipal Council shall be the Area Planning Committee for that part of the planning area within the municipality and the Minister shall appoint a joint Area Planning Committee (on which there shall be at least one representative each of the Government, the Municipal Council, and the local government authorities, District Councils concerned) in respect of that part of the planning area outside the municipality.

   (5) In the case of a planning area partly within and partly without a township whose authority is a Town Council–

   (a)   if the Town Council and the local government authorities of that part of the planning area outside the township consent, the Area planning Committee shall be the Town Council;

   (b)   if the Town Council or the local government authorities of that part of the planning area outside the township do not agree that the Town Council shall be the Area Planning Committee for the whole planning area, there shall be two Area Planning Committees in respect of the planning area and the Town Council shall be the Area Planning Committee for that part of the planning area within the township and the Minister shall appoint a joint Area Planning Committee (on which there shall be at least one representative each of the Government, the Town Council, and the local government authorities, concerned) in respect of that part of the planning area outside the township.

   (6) In any other case the Minister may appoint the local government authority, or such other person as the Minister may think fit after consultation with the local government authorities concerned, as the Area Planning Committee, and may appoint a joint Area Planning Committee in respect of any planning area within the boundaries of two or more local government authorities.

16.   Repealed

   [Repealed by Act No. 9 of 1996 Sch.]

17.   Preparatory Authorities Ord. No. 14 of 1961 ss. 2 and 8">

   (1) For every planning area there shall be a Preparatory Authority responsible for preparing schemes in the manner provided in this Act.

   (2) In the case of a planning area of which the Area Planning Committee is–

   (a)   a Municipal Council; or

   (b)   a Town Council or a township which has either–

      (i)   a population of over thirty thousand inhabitants; or

      (ii)   a valuation roll for rating purposes which at the last valuation exceeded thirty million shillings,

the Preparatory Authority shall be the Area Planning Committee:

   Provided that a Preparatory Authority constituted under this subsection shall not have authority to prepare detailed schemes to which the provisions of the Third Schedule have been applied under section 27 or detailed schemes involving the re-development of built-up areas:

   And provided further that an Area Planning Committee constituted a Preparatory Authority under the provisions of paragraph (b) of this subsection may from time to time, by resolution, decline to accept the functions of a Preparatory Authority and any such resolution shall remain in force for a period of five years from the making thereof unless the Minister agrees to an earlier revocation thereof.

   (3) In the case of an Area Planning Committee to which functions of a Preparatory Authority have been delegated under section 18, the Area Planning Committee shall be the Preparatory Authority to the extent of the powers so delegated to it.

   (4) In any case where the Area Planning Committee is not the Preparatory Authority under the provisions of subsection (2) or subsection (3) of this section, and to the extent to which any Preparatory Authority constituted under those subsections has no authority in relation to the preparation or adoption of any schemes, the Preparatory Authority shall be the Minister.

   (5) It is hereby declared for the avoidance of doubt that, notwithstanding that the valuation roll of any township includes any property which is not rateable property, all such property shall be excluded in ascertaining the amount of such roll for the purposes of subsection (2) of this section.

18.   Power of Minister to delegate functions Ord. No. 14 of 1961 s. 2">

   The Minister may, at any time after the material date, delegate to an Area Planning Committee all or any of the functions of–

   (a)   preparing a general planning scheme;

   (b)   preparing an amending scheme;

   (c)   preparing a detailed scheme, other than–

      (i)   a detailed scheme to which the provisions of the Third Schedule have been applied under section 27; or

      (ii)   a detailed scheme involving the re-development of a built-up area;

   (d)   the adoption, with or without modification, of a detailed scheme prepared by owners, other than–

      (i)   a detailed scheme to which the provisions of the Third Schedule have been applied under section 27; or

      (ii)   a detailed scheme involving the re-development of a built-up area.

19.   Cancellation of powers of certain Preparatory Authorities Ord. No. 14 of 1961 s. 9">

   (1) The Minister may, for good cause, after serving not less than one month's notice upon an Area Planning Committee constituted a Preparatory Authority under subsection (2) of section 17, direct that all or any of the functions of such Preparatory Authority shall be vested in himself; and, from the date specified in such direction until it is cancelled, the functions specified therein shall no longer be performed by the Area Planning Committee concerned.

   (2) The Minister may, for good cause, after serving not less than one month's notice upon an Area Planning Committee to which any functions of a Preparatory Authority have been delegated pursuant to the provisions of subsection (3) of section 17 and section 18, direct that all or any of the functions so delegated be withdrawn and revested in himself; and from the date specified in such direction, until it is cancelled, the functions specified therein shall no longer be performed by the Area Planning Committee concerned.

20.   Restriction on powers of Preparatory Authorities other than Minister Ord. No. 14 of 1961 s. 2">

   An Area Planning Committee constituted a Preparatory Authority under subsection (2) of section 17 or to which functions have been delegated pursuant to the provisions of subsection (3) of section 17 and section 18 may perform its functions as a Preparatory Authority only in respect of the planning area for which it is appointed or constituted under the provisions of this Act.

PART III
PREPARATION OF SCHEMES (ss 21-34)

21.   Resolutions to prepare general planning schemes

   (1) An Area Planning Committee which is constituted a Preparatory Authority under subsection (2) of section 17 shall be deemed to have passed a formal resolution to prepare a general planning scheme for its area with effect from the material date.

   (2) An Area Planning Committee which is constituted a Preparatory Authority under subsection (3) of section 17 shall be deemed to have passed a formal resolution to prepare a general planning scheme with effect from the date of such delegation.

22.   Repealed

   [Repealed by Ordinance No. 14 of 1961 s. 10.]

23.   Preparation of general planning schemes and amending schemes

   (1) The Preparatory Authority shall prepare a general planning scheme for the planning area for which it is responsible.

   (2) The Preparatory Authority may, at any time after the coming into effect of a general planning scheme, prepare an amending scheme in respect of its planning area, as amended from time to time, or any part thereof.

   (3) The Preparatory Authority shall, at intervals of not more than five years from the date of the coming into effect of a general planning scheme or amending scheme, carry out a re-examination of such scheme, and if, in its opinion, revision is necessary, the Preparatory Authority may prepare a further amending scheme in respect of its planning area, as amended from time to time, or any part thereof.

24.   Preparation and adoption of detailed schemes Ord. No. 14 of 1961 s. 11">

   (1) Notwithstanding that a general planning scheme has not been prepared for a planning area, a Preparatory Authority may, subject to the provisions of section 17, prepare a detailed scheme for the development of any area within its planning area:

   Provided that, before preparing any such detailed scheme, other than a detailed scheme to which the provisions of the Third Schedule have been applied under section 27 or a detailed scheme involving the re-development of a built-up area, the Preparatory Authority shall–

   (a)   serve six months' notice on the land owners concerned of its intention to prepare such scheme; and

   (b)   allow during that period an opportunity for the land owners concerned to prepare their own scheme and submit it to the Preparatory Authority.

   (2) A Preparatory Authority may, between the material date and the coming into effect of a general planning scheme, adopt, with or without modification, a detailed scheme prepared by a land owner or group of land owners in respect of the land comprised therein.

   (3) A Preparatory Authority may, after the date of coming into effect of a general planning scheme, adopt, with or without modification, a detailed scheme prepared by a land owner or group of land owners in respect of an area scheduled in a general planning scheme for detailed planning.

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