CHAPTER 355
TOWN AND COUNTRY PLANNING ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    NOTICES

        The Town and Country Planning (Application of Third Schedule) Notice

        The Dodoma General Planning Scheme (Approval, Deposit and Commencement) Notice

        The Constitution of a Special Committee (Area Planning Committee) for Dodoma Capital Area

        The Town and Country Planning (Nyalikungu Master Plan) Deposit Notice

        The Town and Country Planning (Master Plan Areas) Notice

        Omitted Notices

    ORDERS

        The Town and Country Planning Areas Order

        The Town Development (Control) (Application) Order

        The Town and Country Planning (Planning Areas) Order

        The Town and Country Planning (Musoma Township Planning Areas) Order

        The Town and Country Planning (Planning Areas) Order (1993)

        The Town and Country Planning (Areas Ripe for Development) Order

        The Town and Country Planning (Public Beaches Planning Area) Order

        The Town and Country Planning (Dar es Salaam Master Plan Area) Order

        The Town and Country Planning (Dar es Salaam Land Re-distribution) Order

        The Town and Country Planning (Songea Central Area Re-development Scheme) Order

        The Town and Country Planning (Planning Areas) Order (1996)

        The Town and Country Planning (Hanang District Planning Areas) Order

        The Town and Country Planning (Mererani Planning Area) Order

    REGULATIONS

        The Area Planning Committee (Dodoma Capital Development Area) Constitution, Proceedings and Delegation of Functions Regulations

        The Town and Country Planning (Appeals) Regulations

        The Town and Country Planning (Constitution and Proceedings of Joint Area Planning Committees) Regulations

        The Town and Country Planning (Use Classes) Regulations

        The Town and Country Planning (Application for Planning Consent) Regulations

        The Town and Country Planning (Modifications of Planning Schemes) Regulations

        The Town and Country Planning (Development and Zoning) (Capital Development Area) Regulations

        The Town and Country Planning (Town Planning Space Standards) Regulations

        The Town and Country Planning (Urban Farming) Regulations

NOTICES

THE TOWN AND COUNTRY PLANNING (APPLICATION OF THIRD SCHEDULE) NOTICE

(Section 27)

G.N. No. 133 of 1960

    1. This Notice may be cited as the Town and Country Planning (Application of Third Schedule) Notice.

    2. It is hereby declared that the provisions of the Third Schedule to the Town and Country Planning Act shall apply on the first day of May, 1960, to the areas of land described in the Schedule hereto in the preparation of a detailed scheme.

SCHEDULE

    All those areas of land edged in red on Drawings Nos. 1/268/358 and 1/257/957 held by the Commissioner for Town Planning.

    Note. – The effect of this Notice is to apply the Third Schedule of the Town and Country Planning Act to part of the Kisutu and Kurasini areas of Dar-es-Salaam.

THE DODOMA GENERAL PLANNING SCHEME (APPROVAL, DEPOSIT AND COMMENCEMENT) NOTICE

(Sections 33 and 34)

G.N. No. 141 of 1979

    1. This Notice may be cited as the Dodoma General Planning Scheme (Approval, Deposit and Commencement) Notice.

    2. The Dodoma General Planning Scheme entitled "The National Capital Master Plan", having been approved without any modification, shall be deposited at the headquarters of the Ministry of Capital Development in Dodoma and copies of it shall be deposited, one each, at the head quarters of the Ministry of Lands, Housing and Urban Development in Dar-es-Salaam and at the offices of the Capital Development Authority in Dodoma and in Dar-es-Salaam.

    3. Any person may, subject to the provisions of any written law for the time being in force in that behalf, inspect the scheme at any of the places in which it is deposited.

    4. It is hereby notified that upon the expiry of seven days from the date of the publication of this Notice in the Gazette, the Dodoma General Planning Scheme entitled "The National Capital Master Plan" shall come into force and all development within the Dodoma Capital Development Area shall comply with that Scheme.

THE CONSTITUTION OF A SPECIAL COMMITTEE (AREA PLANNING COMMITTEE) FOR DODOMA CAPITAL AREA

(Regulation 3 of the Area Planning Committee (Dodoma Capital Development Area) (Constitution, Proceedings and Delegation of Functions) Regulations

G.N. No. 2 of 1979

    1. Notice is hereby given to the effect that in pursuance of the provisions of Regulation 3 of the Area Planning Committee (Dodoma Capital Development Area) (Constitution, Proceedings and Delegation of Functions) Regulations *, the following have been appointed to constitute the Special Committee (Area Planning Committee) for the Dodoma Capital Area:

Chairman:

    Permanent Secretary, Ministry of Capital Development.

Members:

    1. Director of Planning and Land Management - Capital Development Authority.

    2. Director of Architecture and Housing - Capital Development Authority.

    3. Director of Horticulture and Conservation - Capital Development Authority.

    4. Director of Engineering and Construction - Capital Development Authority.

    5. Corporation Secretary - Capital Development Authority.

    6. Town Director - Dodoma.

    7. Regional Land Development Officer, Dodoma.

    8. Chairman, Dodoma Town Council.

    9. Ndugu JOHN FUNGO, Councillor - Dodoma Township.

    10. Director of Land Administration - Ministry of Capital Development.

    2. [Revokes the Appointments to the Special Committee made in 1976 under the Transfer of Powers and Duties (Town and Country Planning) (Dodoma) Order *].

THE TOWN AND COUNTRY PLANNING (NYALIKUNGU MASTER PLAN) DEPOSIT NOTICE

(Section 29)

G.N. No. 287 of 1993

    1. This Notice may be cited as the Town and Country Planning (Nyalikungu Master Plan) Deposit Notice.

    2. Notice is hereby given that the Master Plan Scheme prepared for Nyalikungu by the Capital Development Authority is deposited at the District Executive Director's Office in Maswa, and at the Director of Urban Development, Ardhi House.

    3. Any Person or body of persons can inspect and make objection in writing to the Director-General, C.D.A., P.O. Box 913, Dodoma within two months after publication of this notice in the Government Gazette.

    Copies of the said scheme may be obtained from the above-mentioned offices.

THE TOWN AND COUNTRY PLANNING (MASTER PLAN AREAS) NOTICE

(Section 33)

G.Ns. Nos.
177 of 1996
178 of 1996
179 of 1996
180 of 1996
182 of 1996
183 of 1996

    1. This Notice may be cited as the Town and Country Planning (Mwanza Master Plan Area, Musoma Master Plan Area, Nyalikungu Master Plan Area, KIA Master Plan Area and Songea Master Plan Area) Notice.

    2. The areas described in the Schedule hereto are hereby declared to have a Master Plan for the purpose of the Town and Country Planning Act.

SCHEDULE

Mwanza

    All that area of land and water outlined in the Mwanza Master Plan prepared by the Ministry of Lands, Housing and Urban Development in 1992 held by the Director of Urban Development and the Mwanza Municipal Director has a Master Plan in force.

Makambako

    All that area of land and water outlined in the Makambako Master Plan area prepared by Ardhi Institute in 1990 held by the Director of Urban Development and the Njombe District Executive Director has a Master Plan in force.

Musoma

    All that area of land and water outlined in the Musoma Master Plan prepared by the Ministry of Lands, Housing and Urban Development in 1991 held by the Director of Urban Development and the Musoma Town Director has a Master Plan in force.

Nyalikungu

    All that area of land and water outlined in the Nyalikungu Master Plan prepared by the capital Development Authority in 1990 held by the Director of Urban Development and the Maswa District Executive Director has a Master Plan in force.

KIA

    All that area of land and water outlined in the Kia Master Plan prepared by the Ministry of Lands, Housing and Urban Development in 1991, held by the Director of Urban Development and the District Executive Director of Hai and Arumeru Director has a Master Plan in force.

Songea

    All that area of land and water outlined in the Songea Master Plan area prepared by the Ardhi Institute in 1990 held by the Director of Urban Development and Songea Town Director has a Master Plan in force.

OMITTED NOTICES

    The following Notices are hereby omitted:

ORDERS

THE TOWN AND COUNTRY PLANNING AREAS ORDER

(Section 13)

    1. This Order may be cited as the Town and Country Planning Areas Order.

    2. Each of the areas described in the Schedule hereto is hereby declared to be a planning area for the purposes of the Town and Country Planning Act.

SCHEDULE

    (1) All that area of land and water coloured green and outlined in red on Map No. TCP/1/1/957 held by the Commissioner for Town Planning *.

    (2) All that area of land coloured green and yellow and outlined in purple on Map No. TCP/10/1/957 held by the Commissioner for Town Planning *.

    (3) All that area of land and water coloured pink and yellow and outlined in purple on Map No. TCP/2/1/957 held by the Commissioner for Town Planning *.

    (4) All that area of land and water coloured and hatched green and outlined in red on Map No. TCP/14/1/957 held by the Commissioner for Town Planning *.

    (5) All that area of land and water edged pink on Drg. No. 1/452/566 comprising the whole of Dar es Salaam City Council Area, and part of Mzizima District Council Area *.

    (6) All that area of land shown edged green on Map No. TCP. 8/1/1157, held by the Commissioner for Town Planning *.

    (7) All that area of land and water edged green on Map. No. TCP. 7/1/957, held by the Commissioner for Town Planning *.

    (8) All that area of land shown edged green on Map. No. TPC. 8/1/1157, held by the Commissioner for Town Planning *.

    (9) All that area of land outlined in red on Map No. TCP/7/2/152, held by the Commissioner for Town Planning *.

    (10) All that area of land in Arusha outlined in the Urban Areas (Declaration of Boundaries) Order, 1978 [G.N. No. 97 of 1978], held by the Municipal Director *.

    (11) All that area of land in Tabora outlined in the Urban Areas (Declaration of Boundaries) Order, 1978, held by Town Director *.

    (12) All that area of land in Mwanza outlined in the Local Authorities (Division into Wards) Order, 1983 [G.N. 91 of 1983] amended *.

    (13) All that area of land in Morogoro outlined in the Urban Areas (Declaration of Boundaries) Order, 1978, held by Town Director *.

    (15) All that area of Land in Dodoma shown on Map No. RW. 9/75 which is held in Dodoma by the Permanent Secretary to the Ministry of Capital Development, and copies of which are held by the Ministry of Lands, Housing and Urban Development on Dar es Salaam, and by the Capital Development Authority at its offices in Dodoma and in Dar es Salaam *.

    (16) All that area of Land in Arusha outlined in the Urban Areas (Declaration of Boundaries) Order, G.N. No. 97 of 1978, held by Municipal Director *.

    (17) All that area of Land in Tabora outlined on the Urban Areas (Declaration of Boundaries) Order G.N. No. 97 of 1978, held by Town Director *.

    Hai Planning Area Boundary:

    (18) Commencing at the junction of the Sanya river and the Moshi-Arusha Southern railway reserve belt; thence along the eastern bank of the Sanya river in a north-easterly direction for seven kilometres; thence due east in a straight line to a point on the western bank of Ngore Koe (Kware) river; thence along the western bank of the river in a south-easterly direction to the junction of the Ngore Koe river with the Moshi-Arusha southern railway reserve belt; thence along the Sanya river and the Moshi-Arusha southern reserve belt the point of commencement *.

    Explanatory Note

    (This Note is not part of the Order but is intended to indicate the general purpose).

    The effect of this order is to make Hai Urban Area mentioned in the Schedule a Planning Area. Planning Consent for all development (Building and Civil Engineering Works, change of use of land or building etc.) must be obtained from the Director of Town Planning or Regional Town Planner in accordance with section 35 of Cap. 355. Application for Planning consent must be in accordance with Town and Country Planning (Application for Planning Consent) Regulations, 1960.

    (19) All that land which is under Sanya Plains which is defined as land that lies between Kware River (south of Moshi - Arusha Highway) and Sanya River (north of the highway) to the east and Kikuletwa River to the South. Majengo village, Matuga Crater and the eastern boundary of Meru forest reserve marks the western boundary. Northern village boundaries of King'ori, Naibilie and Oldonyo Muruwa form the northern boundary of the Sanya Plains. The Sanya Plains, therefore, lies between longitudes 36℃5' and 37℃13' and 3℃30' south of the Equator *.

    Explanatory Note

    (This note is not part of the Order but is intended to indicate its general purpose). The effect of this Order is to make the Sanya Plains a Planning Area. The Planning Area Committee will be the Hia District Council and Arumeru District Council and consent for developments (building and civil engineering works, use of land and buildings etc.), must be obtained from the Area Planning Committees in accordance with section 35 of Cap. 355. Applications for such consent must be made in accordance with the Town and Country Planning (Application for Planning Consent) Regulations, 1960.

    (20) Mbezi Juu, Kunduchi/Mtongani, Radio Tanzania-Kunduchi, Tegeta, Ununio, Boko-Maji, Basi-haya, Wazo hili, Mabibo, Segera, Tabata/Kimanga, Kitunda, Yombo-Vituka, Mtoni Kijichi, Kidete, Kigamboni and Kibonde Maji-Mbagala *.

    (21) All that area of land being the area of the Arusha Town Council, as shown on registered Plan No. 13055 (Survey D5"/>31/5>) deposited with the Survey Division of the Ministry of Lands, Settlement and Water Development, and described in the First Schedule of the Local Government (Arusha Town Council) Amending Instrument, 1965 *. >

    Explanatory Note

    (This note is not part of the Order but is intended to explain its general purpose)

    The effect of this order is to make the Arusha Town Council area a Planning Area. The Area Planning Committee will be the Arusha Town Council and consent for all development (sub-division of land, erection of buildings structures, change of use of land and buildings, etc.) must be obtained, in accordance with section 35 of Cap. 355 from the Area Planning Committee. Applications for such consent must be made in accordance with the Town and Country Planning (Application for Planning Consent) Regulations, 1960.

    (22) All that area of land in Mbeya outlined in red on Map No.TP/23/144/174, held by the Director of Urban Planning *.

    Explanatory Note

    (This Note is not part of the Order but is intended to indicate its general purpose).

    The effect of this order is to make the extended Mbeya Township a Planning Area. The Planning Area Authority will be the Mbeya Sub-district Development Council and consent for all development (building and civil engineering works, change of use of land and buildings, etc.) must be obtained from the Area Planning Committee, in accordance with section 35 of Cap. 355. Applications for such consent must be made in accordance with the Town and Country Planning (Application for Planning Consent) Regulations, 1960.

    (23) All that area of land, in Katesh Planning Area covering about 18 square kilometres, bounded to the north by Sora Hill and Udamaschek Hill, to the east by Jorodom Hill, Lamay Hill and Kaharo Hill, to the south by Dumbeta Hill and Kijenga Hill, and by Darajani Hill to the west *.

    (24) All that piece of land of Usa River Planning Area covering about 13.8 sq. km. bounded by the Moshi-Arusha railway line to the south commencing at the bridge on Usa River then northwards along Usa River up to the bridge on Old Moshi road then northwards along Momella road for a distance of about 1.6km then southwesterly straight to the bridge on new Moshi road on Mbembe River then south-easterly following Mbembe River to the bridge on Moshi Arusha Railway line then along the railway line easterly up to the bridge on Usa River the point of commencement *.

Holili Planning Area Boundary:

    (25) All that area of land covering about 7.8. square kilometre. Commencing at the bridge on the junction of river Matamba and Himo/Taveta road, hence east-south direction Njoro hill for about 2.1 kilometres, hence north-east direction to Morio river for about 0.75 kilometre, hence south-west direction along the bank of the Morio river for about 1.1. kilometres; hence south-west direction in a straight line for about 3.75 kilometres in a point at Lacima hill; hence north-west direction for about 7.15 kilometres to the bridge the point of commencement *.

Tarakea Planning Area Boundary:

    (26) All that area of land covering about 3.7 square kilometres. Commencing at a point on the road to Oloitokitoki towards south-east direction for about 2.35 kilometres on a point on the Lower Rombo road; hence south-west direction for about 1.87 kilometres, hence north-west direction for about 2.6 kilometres) hence east-north direction for about 1.35 kilometres to the point of commencement *.

    (27) All that area of land, in Kakonko Planning Area covering about 23.03 square Kilometres, bounded to the north by Mbizi hills including Muganza Settlement, to the east by Muhwazi river, to the south by Kikongozi hills including Itumbiko Settlement and by Kiziguzigu hills and Kumvumbu river to the west *.

    (28) All that area of land, in Mabamba Planning Area covering about 33.4 Square Kilometres, bounded by Ruguye and Malagarasi river to the east by international boundary with Burundi to the north the slopes of Mabamba hills to the west excluding Nyakasanda village and the boundary with Nyabitaka village to the south *.

    (29) All that area of land, in Mnanila Planning Area covering about 18.7 Square Kilometres, bounded by the international boundary with Burundi to the west, Nyakimwe hills and along Mnanila/Mwayaya road to the south, to the east by Mwayaya. Mkatanga and Musagara villages and to the north by the international boundary with Burundi *.

    (30) All that area of land in Morogoro Planning Area outlined in Registered Plan No. 17380, held by the Director of Urban Planning *.

    Explanatory Note

    (This Note is not part of the Order but is intended to indicate its general purpose)

    The effect of this Order is to make the extended Morogoro Township a Planning Area. The Planning Area Authority will be the Morogoro Sub-District Development Council and consent for all development (building and civil engineering works, change of use of land and buildings, etc.) must be obtained from the Area Planning Committee, in accordance with Section 35 of Cap. 355. Applications for such consent must be made in accordance with the Town and Country Planning (Application for Planning Consent) Regulations, 1960.

    Explanatory Note

    (This note is not part of the Order but it is intended to indicate its general purpose)

    The effect of this Order is to make the villages mentioned in the Schedule as Planning Areas. Planning consent for all development (Building and Civil Engineering Works, Change of Use of Land and building etc.) must be obtained from the Director of Urban Development or respective Regional Town Planning Officers in accordance with section 35 of Cap. 355.

    Application for Planning consent must be sent to the respective District Council in accordance with the Town and Country Planning (Application for Planning Consent) Regulations, 1960.

    (39) All that area of land, in Uvinza Planning Area covering about 14.02 Square Kilometres, bounded to the south by Kasozi Nyanza hills, Malagalasi river to the west including Mkwaza solar salt plant by Nkwanza hills to the west, by Ruchugi river and Chakulu road to mines plant to the east and back to Kasonza Nyanza Hills *.

    (40) The whole of the Sumbawanga Master Plan Area *.

    Explanatory Note

    (This Note is not part of the Order but is intended to indicate its general purpose)

    The effect of this Order is to make the area covered by the Sumbawanga Master Plan to be a Planning Area. The Planning Area Authority shall be the Sumbawanga Town Council and consent for all development (building and engineering works, change of use of land, building etc.) must be obtained from the Area Planning Committee in accordance with section 35 of Cap. 355

    Application for the consent must be made in accordance with the Town and Country Planning (Application for Planning Consent) Regulations, 1960.

    Explanatory Note *

    (This note is not part of the Order but it is intended to indicate its general purpose).

    The effect of this Order is to make the villages mentioned in the Schedule as Planning Areas. Planning consent for all development (Building and Civil Engineering Works, change of the use of land and buildings, etc.) must be obtained from the Director of Urban Development or respective Regional Town Planning Officers in accordance with section 35 of Cap. 355. Application for Planning consent must be sent to the respective District Council in accordance with the Town and Country Planning (Application for Planning Consent) Regulations, 1960.

    (54) All that land, in Lituhi Planning area which extends in the northern part to the bank of river Ruhuhu, in the eastern part to river Likali, in the southern part to Ndumbine village and in the western part to the bank of Lake Nyasa *.

    (55) All that area of land, in Hedaru Planning Area covering about 2.06 square kilometres; bounded to the north by a three used for performing rituals, from here the boundary extends eastwards and westwards for about ½ kilometre in each direction, to the south by a tree known as "Mramba wa Mpako" on the main road and extends west and Eastwards for about half a kilometre in each direction; to the west by a power line *.

    (56) Kisiwani Planning Area boundary *.

    All that area of land covering about 7.31 square kilometres–

    (57) Gonja-Maore Planning Area boundary *.

    All that area of land covering about 52 square kilometres. Commencing at the bridge to westerly direction along the road for about 500 metres; hence north-westerly direction for about 400 metres; thence east-north direction along Chongweni forest on the slopes of Ndololi mountains for about 2.4. kilometres; thence east-north direction for about 300 metres on the slopes of Kwambegu hills; thence southward for about 500 metres along the slopes of Kwambegu hills; hence easterly direction for about 400 metres; hence northwards direction on the same slopes for about 400 metres; thence easterly direction for about 200 metres to the road; thence south direction for about 250 metres along the road to the bridge; thence straight east direction for about one kilometre; thence southward direction along the Maore-Maweni furrow at a distance of about 1.8. kilometre; hence west-south direction for about 2 kilometres; thence north-westerly direction for about 900 metres to the bridge the point of commencement.

    (58) All that area of land in the Kahe Planning Area covering about 3.44 square kilometres to the north the boundary lies 1½ km from the centre of the Town and runs to where it meets Oria furrow to the East Oria furrow stretches south for about ½ km, to the south it runs parallel to the Taveta railway line at a distance of about 1/2 km and this extends to meet the major Moshi-Same railway line, to the west is bounded by Moshi-Same railway line *.

    (59) Uchira Planning Area boundary *.

    All that area of land covering about 328 square kilometres–

    (60) Ndungu Planning Area Boundary. *

    All that area of land covering about 4.65 square kilometres.

    (61) All that area of land, in Makanya Planning Area covering about 4.62 square kilometres bounded to the north by a sisal estate, to the east by Tanga-Dar es Salaam road, to the south it stretches from the road Westwards for about 3 kilometre; to the west by a traditional natural tree and extends Northwards to the Sisal Estate *.

    (62) All that area of land at Maili Sita Planning Area covering about 2.81 square kilometres, bounded to the north by Old Moshi-Arusha road extending from Weruweru river, past Lyamungo road eastward for about 11/2 km, to the east extends from the Old Moshi Road southward past Njoro Primary School to the central Hai Headquarters and finally the Moshi-Arusha highway, to the south Moshi-Arusha highway stretching east-westwards to Weruweru river, to the east Weruweru river from the Moshi-Arusha highway it extends Northwards to the Old Moshi-Arusha road *.

    All that area of land in Morogoro Planning Area outlined in registered Plan No. 17380 held by the Director of Urban Planning *.

Note: The effect of this order is to make each of the areas referred to in the schedule a planning area. They are:

    (1) The City of Dar es Salaam.

    (2) The township of Morogoro and a portion of the Morogoro District including certain alienated lands adjacent to the township boundaries.

    (3) The township of Tanga the Tanga Nje (Kiomoni) Minor Settlement, portions of the Tanga Nje (Mwakidila) Minor Settlement and certain alienated lands in Tanga District.

    (4) The township of Mwanza and a portion of Lake Vitoria adjoining the Township boundary.

    (5) The township of Dodoma.

    (6) The township of Korogwe. G.Ns. Nos. 397, 398, 399 and 400 have ceased to have effects Cap. 355 s. 14.

THE TOWN DEVELOPMENT (CONTROL) (APPLICATION) ORDER

(Sections 4, 11 and 20 of the Town Development (Control) Ordinance (Cap. 103) 1)

G.Ns. Nos.
242 of 1937
35 of 1939
36 of 1939
215 of 1943
177 of 1947

    1. This Order may be cited as the Town Development (Control) (Application) Order.

    2. Parts I, II and III of the Town Development (Control) Ordinance * are hereby applied to the townships specified in the Schedule hereto.

SCHEDULE

THE TOWN AND COUNTRY PLANNING (PLANNING AREAS) ORDER

(Section 13)

G.N. No. 607 of 1994

    1. This Order may be cited as the Town and Country Planning (Planning Areas) Order.

    2. The Areas described in the Schedule to the Order are declared to be planning areas for the purposes of the Town and Country Planning Act.

    3. Detailed Schemes for the Schedule areas shall be prepared and deposited with the Director of Town Planning.

SCHEDULE

    1. Mwanza Municipality.

    Ismailo, Bungando, Butimba, Mkuyuni, Igogo, Kisumba, Mabatini, Nyakato, Kiloleni, Bwiru, Kiseke, Pasiansi, Ilemela, Nyegezi, Igoma, Mbugani, Pambe, Kitangiri, Nyamagana, Sangabuye, Kishiri, Kuchelele, Mkolani, Buhongwa, Buswelu, Mirongo, Bugongwa, Kisesa and Airport area.

    2. Arusha Municipality.

    Levolosi, Elerai, Sinon, Mushono Murriet, Mzimuni, Olasiti, Malangarini and Airport area.

    3. Tanga Municipality.

    Usagara, Makorora, Nguvumali, chumbageni, Kichangani, Mwakidila, Mzingani, Msambweni, Mwenzange, Kiemoni Kirara, Mubokweni, Majani Mapana, Makekeni, Mabawa, Mzizima, Tongoni, Pongwe, Maweni, Duga, Tangasisi, Moranzare, Marungu, and Airport area.

    4. Morogoro Municipality.

    Mji Mpya, Mazimbu, Mwembe Songo, Kichangani, Kingo, Memani, Mbuyuni, Mafigo, Boma, Kiwanja/Ndege, Kihonda, Uwanja wa Taifa, Saba Saba, Sultani Area, Mzinga, Bigwa, Mjimkuu, Kingolwira, Mindu, Tungi, Kilakala and Sokoine University area.

    5. Mbeya Municipality.

    Iyunga, Ruanda, Nzovwe, Mabatini, Sinde, Nonde, Igamilo, Ilombe, Isanga, Sisimba, Uyole, Itezi, Mwamsokwa, Ilemi, Maendeleo, Majengo and Mbalizi road.

    6. Iringa Municipality.

    Kihesa, Mtwivila, Gangilonga, Wilolesi, Kitanzini, Ruaha, Mshindo, Mivinjeni, Mlandege, Mwangata, Kwa Kilosa, Makorongoni, Ilala, Mkwawa and Airport Area.

    7. Moshi Municipality.

    Jonguo, Karanga, Msaranga, Kiborloni, Kilimanjaro, Njoro, Mji Mpya, Mawenzi, Kaloleni, Bondeni, Rau, Korongoni, Pasua, Kiusa, Sambarai, Kiharara, Mdawi, Shirimatunda and Airport area.

    8. Tabora Municipality.

    Mbungani, Kanyeye, Ngambo, Kitete, Malolo, Ipuli Mtendeni, Gongoni, Isevya, Kiloleni, Tambukareli, Chem Chem, and Airport Area.

    9. Bukoba Township.

    Namgembe, Kashai, Mafumbo, Kahororo, Miembeni, Bilele, Buhone, Nshambya, Buhombe, Ijuganyondo, Kitendafuro, Kibeta, Nyanga, Kagondo and Airport area.

    10. Mtwara Township.

    Majengo, Chikongola, Likembe, Railways, Shangani, Vigeni, Jangwani, Kisungule, Mitengo, Mtonye, Ufukoni, Magengeni, Mikindani, Cluno and Airport area.

    11. Lindi Township.

    Nsabura, Raha Leo, Mitandi, Mikumbi, Makonde, Ndoro, Msinjahili, Nachingwea, Wailes, Matopeni, Mwenge, Mtande, Mitwera, Kiwengewe, Tulieni, Kitunda, Kwela and Airport Area.

    12. Singida Township.

    Kindai, Mitunduruni, Mtipa, Mughanga, Ipemea, Utemini, Mandewa, Unyambwa, Onyomibumbi, Mungumaji, Mwankoko, Mtamaa and Majengo.

    13. Kigoma Township.

    Sangwe, Mwanga, Kusini, Mwanga Kaskazini, Gungu, Buhando, Businde, Rusimbi, Kitengoni, Kasimbu, Kasingirima, Machinjoni, Majengo, Rubuga, Kagera, Kibirizi and Airport area.

    14. Shinyanga Township.

    Kambazage, Ngokolo, Chamaguha, Ibinzamata, Kisumbi Chibe, Ibadakuli, Kitangili, Mwawaza, Ndala, Mwamalili and Kolandoto.

    15. Sumbawanga Township.

    Bangwe, Jangwani, Malangali, Chanji, Old Sumbawanga, Mazwi, Izia, Katandala, Kizwite and Airport area.

    16. Songea Township.

    Misufini, Mfaranyaki, Lizaboni, Matarawe, Bombambili, Matogoro, Ruvuma, Subira, Ruhuwiko, Mshangano, Mletele, Mahenge, Chandamali, Kibulang'oma, Msamala, Mateka, Ruhila and Makambi.

    17. Kibaha Township.

    Maili Moja, Mwanalugali, Boko Timiza, Kibaha Education Centre, Mkuza, Mwendapole, Kwa Mfipa, Miembe Saba and Tumbi.

THE TOWN AND COUNTRY PLANNING (MUSOMA TOWNSHIP PLANNING AREAS) ORDER

(Section 13)

[30th October, 1992]

G.N. No. 176 of 1994

    1. This Order may be cited as the Town and Country Planning (Musoma Township Planning Areas) Order.

    2. The areas within Musoma Township boundaries constituting thirteen wards namely Mukendo, Mwigobore, Iringo, Kitaji, Nyasho, Bweri, Nyakato, Kigera, Kamunyonge, Nyamatare, Mwisenge, Buhare, Makoko and the Airport Area are declared to be planning areas for the purposes of the Town and Country Planning Act.

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    3. [Omitted.]

THE TOWN AND COUNTRY PLANNING (PLANNING AREAS) ORDER (1993)

(Section 13)

G.N. No. 231 of 1993

    1. This Order may be cited as the Town and Country Planning (Planning Areas) Order.

    2. The Areas described in the schedule hereto, are declared to be Planning areas for the purposes of the Town and Country Planning Act.

    3. That detailed schemes for the Scheduled areas shall be prepared and deposited with the Director of Urban Development.

    4. That all land specified in this Order shall vest in the President on the coming into effect of this order, the President shall thereafter allocate the land so vested in him for the purposes specified in the detailed schemes.

SCHEDULE

    1. Kinondoni District:

    Mbezi Luisi, Kibamba, Msakuzi, Kiruvya, Makabe, Temboni, Mikindu, Mabwe Pande, Bunju, Mpiji, Kwembe, Mpiji Magohe, Luguruni, Ubungo Kibangu, Luhanga, Kisiwani, Changanyikeni, Makongo, Kimara, Msewe, Kimara Baruti, Kimara Matangini, Mavurunza, Mbezi Juu, Kawe, Wami, Ukwamani, Kogogo, Goba, dovya, Mbweni and All land within two kilometres on both sides of:

–    Morogoro Road – from Mavurunza to Kiruvya.

–    Bagamoyo Road – from Dovya to Mpiji river.

    2. Ilala District:

    Msongola, Mbande, Mvuti, Pugu Station and Pugu Kajiungeni, Chanika, Buyuni, Kinyerezi, Maburuka, Segerea, Ukonga, Majumba sita, Gongo la Mboto, Kipunguni, Stakashari, Karakata, Vingunguti, Kipawa, Majohe and All land within two kilometres on both sides of the Dar es Salaam - Kisarawe Road from Gongo la Mboto to the boundary of Dar es Salaam Region within Coast Region.

    3. Temeke District:

    Pembamnazi, Gomvu, Yaleyale, Puna, Kimbiji, Chekeleni Mwasonga, Mwongozo, Kajificheni, Tundwi Songani, Kibada, Kisarawe, Mbagala Kuu, Rangi Tatu, Buza, Kongowe, Charambe, Kigamboni, Kizota, Kisiwani, Kiziza, Msufini, Mjimwema, Vijibweni, Kibugumo, Jitegemee, Mbwamani, Gezaulole, Toangoma, Yasemwayo, Nzasa, Mwananseke, Msimbwini, Uhinze and all land within two kilometres on both sides of Kilwa Road from Kongowe to the boundary of Dar es Salaam and Coast Region.

    4. All lands along major river valleys within the Dar es Salaam City Boundary and their tributaries namely Msimbazi, Kizinga and Mzinga rivers.

THE TOWN AND COUNTRY PLANNING (AREAS RIPE FOR DEVELOPMENT) ORDER

(Section 13)

G.N. No. 383 of 1992

    1. This Order may be cited as the Town and Country Planning (Areas Ripe for Development) Order.

    2. The areas described in the Schedule hereto are declared to be planning areas for the purposes of the Town and Country Planning Act.

    3. The detailed schemes for the scheduled areas shall be prepared and deposited with the Director of Urban Development.

    4. All land specified in this Order shall vest in the President on the coming into effect of this Order and the President shall thereafter allocate the land so vested in him for the purpose specified in the detailed schemes.

SCHEDULE

    1.    Mbezi Juu, Kunduchi/Mtongani, Radio Tanzania - Kunduchi Tegeta, Ununio, Boko-Maji, Basi-haya, Wazo Hill, Mabibo, Segerea, Tabata/Kimanga, Kitanda, Yombo-Vituka, Mtoni Kijichi, Kidete, Kigamboni and Kibonde-Maji-Mbagala *.

    2.    Kimandu, Baraa, Olearean, Themi and Daraja Mbili.

    3.    Terrat, Sikon, Lombetini, Unga Limited, Kijenge, Ngarenarok and Majengo *.

THE TOWN AND COUNTRY PLANNING (PUBLIC BEACHES PLANNING AREA) ORDER

(Section 13)

G.N. No. 76 of 1992

    1. This Order may be cited as the Town and Country Planning (Public Beaches Planning Area) Order.

    2. This Order shall be deemed to have come into operation on the 24th day of November, 1989, in this Order referred to as "the effective date".

    3. For the purposes of this Order, the expression "water-related human activities" includes tourism, aqua recreation, luxury beach hotels, fishing, boat and ship building, harbours, mining, defence and security structures of supreme national importance.

    4. The area of land described in the Schedule to this Order are hereby declared to be planning areas for the purposes of the Town and Country Planning Act.

    5. Subject to the provisions of paragraphs 6 and 7, no development other than conservation and that consisting of water-related human activities shall be carried out within any area under this Order without planning consent or contrary to a planning scheme prepared by the Minister.

    6. Where the planning scheme is prepared for a planning area which fronts the ocean, a strip of land of a width of not less than 60 metres from the high-water mark shall be reserved exclusively for conservation and for strictly water-related human activities.

    7. Where the planning scheme is prepared for a planning area which fronts a lake, a strip of land of a width of not less than 30 metres from the high-water mark shall be reserved exclusively for conservation and for strictly water-related human activities.

    8. All development existing in the planning area on or immediately before the effective date shall not be subject to the provisions of this Order.

    9. [Revokes the Town and Country Planning (Public Beaches Planning) Order *.]

SCHEDULE

    All that land lying within two hundred and fifty metres, and forming the shores and beaches of the Indian Ocean.

    Lake Nyasa, Lake Tanganyika, Lake Victoria, Lake Rukwa, Lake Manyara, Lake Eyasi or any other lake.

    Explanatory Note

    This note is not part of the Order but is intended to explain the purpose and objectives of the Order. The objectives of the Order are:

    (a)    to reserve a strip of land fronting the Indian Ocean and the lakes so that the land can be developed and used for water-related human activities;

    (b)    to protect marine and coastal environments against pollution and degradation; and

    (c)    to avoid the privatisation of the beaches and to allow for access and enjoyment of the beaches by the general public as their common heritage.

THE TOWN AND COUNTRY PLANNING (DAR ES SALAAM MASTER PLAN AREA) ORDER

(Section 14)

G.N. No. 405 of 1985

    1. This Order may be cited as the Town and Country Planning (Dar es Salaam Master Plan Area) Order.

    2. It is hereby notified that Dar es Salaam Master Plan Area of about 112 to 126 ha. covering all that land within the three districts namely Ilala, Kinondoni and Temeke of Dar es Salaam Region, as prepared by Marshal Macklin Monaghan Ltd. under the direction of the Minister for Lands, Natural Resources and Tourism was approved without modification by the Minister.

    3. Notwithstanding any other law to the contrary, no person or institution shall develop any land within the Dar es Salaam Master Plan area without planning consent or otherwise than in accordance, with section 35 of the Town and Country Planning Act.

    4. All detailed layouts shall be sent for approval to the Minister responsible for town planning and no change of use shall be effected without a written approval of the Minister responsible for Town Planning.

THE TOWN AND COUNTRY PLANNING (DAR ES SALAAM LAND RE-DISTRIBUTION) ORDER

(Section 27)

G.N. No. 374 of 1989

    1. This Order may be cited as the Town and Country Planning (Dar es Salaam Land Re-distribution) Order.

    2. It is hereby notified that the following scheduled areas, delineated in red on Town Planning Drawing No. 1/606/680/1 which is deposited with the Director of Town Planning are declared redevelopment areas.

    3. All that land specified in this Order shall vest in the President on the coming into effect of this Order and the President shall thereafter allocate the land so vested in him for the purposes specified in the detailed schemes.

SCHEDULE

    Kariakoo area between Morogoro Road, Lumumba Street, Nkrumah/Pugu Road, Shauri Moyo/Uhuru Street, Kigogo Road and Msimbazi River, Keko, Yombo-Temeke, Mlalakuwa, Msasani Village, Ubungo, Kimara, Buguruni, Vingunguti, Majumba Sita, Gongo la Mboto, Mbagala, Mikocheni and Kawe, Mwananyamala Kisiwani, Tandale, Hananasifu, Kinondoni Shamba, Mtoni, Tandika and Manzese.

THE TOWN AND COUNTRY PLANNING (SONGEA CENTRAL AREA RE-DEVELOPMENT SCHEME) ORDER

(Section 33)

G.N. No. 54 of 1988

    1. This Order may be cited as the Town and Country Planning (Songea Central Area Re-development Scheme) Order.

    2. It is hereby notified that the Songea Central Area Redevelopment Scheme covering all that land within Blocks A, B, C, D, E, F, G, H, I, J, K, N and P excluding the open spaces, parking area and play grounds; all that land on which currently situated the Police Quarters, Regional Postal Office, District Executive Director's Office, Regional Finance Officer's Office, Resident Magistrate's Court, District Court, the Songea District Commissioner's Office, all that land currently lying opposite and overlooking the Regional Commissioner's residence and the Regional Development Director's Office; and all that land lying between Block H and the current National Provident Fund Office and overlooking the existing Ruvuma Regional Hospital under the direction of the Minister for Lands, Natural Resources and Tourism was approved without modification.

    3. It is hereby notified that the said Songea Central Area Redevelopment Scheme is declared to be in force.

    4. Notwithstanding any other law to the contrary, no person or institution shall develop any land within the Songea Central Re-development Area without planning consent or otherwise than in accordance with planning consent and any conditions specified therein.

    5. No change of use shall be effected without written approval of the Director of Town Planning in person.

    6. In accordance with sections 33 and 34 of the Town and Country Planning Act, the Scheme shall take effect seven days after the first publication of this notice in the Gazette.

    7. The Songea Central Area Re-development Scheme may be inspected or purchased during normal office hours at the Town Planning Division of the Ministry of Lands, Ardhi House, Kivukoni Front, Dar es Salaam or the office of the Songea Town Council.

THE TOWN AND COUNTRY PLANNING (PLANNING AREAS) ORDER (1996)

(Section 13)

G.N. No. 176 of 1996

    1. This Order may be cited as the Town and Country Planning (Planning Areas) Order.

    2. The areas described in the schedule hereto are declared to be planning areas for the purposes of the Town and Country Planning Act.

    3. Detailed Schemes for the scheduled areas shall be prepared and deposited with the Director of Town Planning.

SCHEDULE

THE TOWN AND COUNTRY PLANNING (HANANG DISTRICT PLANNING AREAS) ORDER

(Section 13)

G.N. No. 302 of 1996

    1. This Order may be cited as the Town and Country Planning (Hanang District Planning Areas) Order.

    2. The areas of land, within Hanang District, described in the schedule hereto are hereby declared to be planning areas for the purposes of this Act.

SCHEDULE

    All that area of land within MULBADAW, as defined in Town Planning Drawing No. 53/MULB/596; All that area of land, within NANGWA, as defined in Town Planning Drawing No. 53/NANG/596; All that area of land within CITTING, as defined in Town Planning Drawing No. 53/CITT/596 and All that area of land within BALANGDALALU as defined in Town Planning Drawing No. 53/BALANG/596 and All that area of land within MASAKTA, as defined in Town Planning Drawing No. 53/MAS/596 held by the Director of Urban Development, Ministry of Lands. Housing and Urban Development.

THE TOWN AND COUNTRY PLANNING (MERERANI PLANNING AREA) ORDER

(Section 13)

    1. This Order may be cited as the Town and Country Planning (Mererani Planning Area) Order.

    2. The area of land within Mererani Area, Simanjiro District, described in the schedule hereto, is declared to be a planning area for the purpose of this Order.

    3. A general of detailed scheme for various urban land uses shall be prepared and deposited with the Director of Human Settlements Development and the Regional Administrative Secretary of Arusha Region.

SCHEDULE

(This is not part of the Order but it is intended to indicate its general purposes)

    The effect of this Order is to upgrade the village to an urban area. Planning consent for all development (Building and Civil Engineering Works, Change of Use of Land and Building, etc.) must be obtained from the Director of Human Settlements Development in accordance with section 35 of Cap. 378. Application for planning consent must be sent to the District Town Planning Officer of Arumera District of Regional Administrative Secretary of Arusha Region.

REGULATIONS

THE AREA PLANNING COMMITTEE (DODOMA CAPITAL DEVELOPMENT AREA) CONSTITUTION, PROCEEDINGS AND DELEGATION OF FUNCTIONS REGULATIONS

(Sections 15(6), 17, 18 and 78)

G.N. No. 99 of 1978

1.    Citation

    These Regulations may be cited as the Area Planning Committee (Dodoma Capital Development Area) Constitution, Proceedings and Delegation of Functions Regulations.

2.    Interpretation

    In these Regulations unless the context otherwise requires–

    "Act" means the Town and Country Planning Act *;

    "Authority" means the Capital Development G.N. Authority established by the Capital Development Authority (Establishment) Order *;

    "Dodoma Capital Development Area" means the area of land declared to be a planning area for the purposes of the Act by the Dodoma National Capital Planning Order *;

    "Special Committee" means the Special Committee established by paragraph 3.

3.    Establishment of Area Planning Committee

    (1) There is hereby established a Special Committee which shall be the Area Planning Committee in relation to the Dodoma Capital Development Area for the purposes of the Act.

    (2) The Special Committee shall consist of–

    (a)    a Chairman appointed by the Minister;

    (b)    ten other members appointed by the Minister, of whom–

        (i)    five shall be nominated by the Authority;

        (ii)    four shall be nominated by the Regional Development Director for Dodoma Region; and

        (iii)    one shall be nominated by the Ministry of Capital Development.

    (3) The Special Committee may co-opt not more than four other persons to be members of the Special Committee, but any person so co-opted may not vote at any of its meetings.

    (4) The members of the Special Committee shall elect one of their number to be the Vice Chairman of the Special Committee.

4.    Special Committee to be Preparatory Authority

    The Special Committee shall be responsible for the preparation of schemes under the provisions of section 18 of the Act and shall, for that purpose, also be the Preparatory Authority in relation to the Dodoma Capital Development Area.

5.    Delegation of functions of Special Committee

    The Special Committee shall not delegate any of its functions to any person except the functions relating to applications for planning consent, which it may delegate only to a sub-committee of the Special Committee.

6.    Meetings of the Special Committee

    (1) The Special Committee shall hold meetings at such times and places as the Chairman may deem necessary or desirable for the proper performance of its functions, but shall hold a meeting whenever the Minister directs it to do so.

    (2) The quorum at any meeting of the Special Committee shall be six members who may vote at a meeting, but no meeting shall proceed to take place unless of the six members present at least two are members appointed under paragraph 3(2)(b)(i) and two others are members appointed under paragraph 3(2)(b)(ii).

    (3) The Chairman or, in his absence the Vice-Chairman, shall preside at all meetings of the Special Committee. In the absence of both the Chairman and the Vice-Chairman from any meeting the members present may elect one of their number to preside at that meeting.

7.    Decisions of the Special Committee

    (1) Subject to subparagraph (2), all questions proposed at a meeting of the Special Committee shall be decided by a majority of the votes of the members present and voting and in the event of an equality of votes the person presiding shall have a second or casting vote.

    (2) A decision may be made by the Special Committee without a meeting by circulation of the relevant papers among the members of the Special Committee and the expression of the views of the majority of the members of the Special Committee in writing, but any member may require that the decision be deferred and the subject-matter be considered at a meeting of the Special Committee.

8.    Minutes of meetings

    (1) The Chairman shall cause to be recorded and kept minutes of all proceedings of its meetings, and the minutes of each meeting of the Special Committee shall be confirmed by the Special Committee at the next meeting and signed by the person presiding at that meeting.

    (2) Any minutes purporting to be signed by the Chairman or by any other person pursuant to subparagraph (1) shall, in the absence of proof to the contrary, be deemed to be a correct record of the meeting whose minutes they purport to be.

9.    Special Committee may regulate own proceedings

    Subject to these Regulations and to the Act, the Special Committee may regulate its own proceedings.

THE TOWN AND COUNTRY PLANNING (APPEALS) REGULATIONS

(Section 78)

G.N. No. 362 of 1961

    1. These Regulations may be cited as the Town and Country Planning (Appeals) Regulations.

    2. In these Regulations unless the context otherwise requires–

    "delegate" means a delegate appointed under section 59 of the Act;

    "inquiry" means an inquiry held under section 59 of the Act.

    3. (1) Any person (hereinafter called "the appellant") aggrieved by the decision of an Area Planning Committee or local government authority who wishes to appeal against such decision under the provisions of section 58 of the Act, shall–

    (a)    within fourteen days of the notification of the decision or such further period as the Minister may in any particular case allow, give notice in writing to the Minister and to the Committee or the local government authority which made the decision of his intention to appeal; and

    (b)    within ninety days of the notification of the decision deliver to the Minister two copies of a written memorandum of appeal together with a fee of one hundred shillings.

    (2) A memorandum delivered pursuant to paragraph (1) shall contain all such information and such plans and other documents as may be necessary to enable the Minister to identify the site and to show the appellant's interest therein, his proposals for the development of the site, the decision of the Committee or the local government authority and the arguments upon which he relies.

    4. As soon as is practicable after delivery to him pursuant to regulations 3 of a memorandum of appeal the Minister shall require the Committee or the local government authority against whose decision the appeal is made to submit to him two copies of a document setting out the reasons for their decision accompanied by two copies of such plans as in the opinion of the Committee or the authority are necessary, and the Committee or the authority, as the case may be, shall comply with such requirement within thirty days of the receipt thereof.

    5. Upon receipt of the documents and plans mentioned in regulation 4 the Minister shall send one copy thereof to the appellant and shall send to the Committee or the local government authority against whose decision the appeal is made one copy of any information, documents and plans delivered by the appellant pursuant to regulation 3.

    6. (1) The Minister shall as soon as may be, after regulation 5 has been complied with, appoint one or more delegates to hold an inquiry and, after consultation with the appellant and the Committee or the authority concerned, shall appoint the place and time for such inquiry to be held.

    (2) The Committee or the authority concerned shall, if so requested by the Minister, provide, a suitable room for the inquiry.

    7. The Minister shall notify in writing the appellant and the Committee or the authority concerned of the place and time fixed for the inquiry and shall cause to be published in a newspaper circulating in the area concerned a notice stating such place and time and inviting any person who has an interest in the subject matter of the appeal to appear and give evidence at the inquiry.

    8. Any party to an inquiry may appear thereat in person or may be represented by an advocate.

    9. The fees to be paid to witnesses at an inquiry shall be at the rate currently allowed for witnesses in the High Court.

    10. (1) As soon as possible after completion of the inquiry the delegate or delegates shall submit to the Minister a report in two parts containing–

    (a)    in Part I a summary of the arguments put forward by each party to the appeal; and

    (b)    in Part II the delegates' advice as to the Minister's decision on the appeal.

    (2) The delegate or delegates shall furnish a copy of Part I only of their report to each of the parties to the appeal and such parties may, within seven days of receiving the report, make representation to the Minister for the purpose of correcting any alleged errors of fact contained therein.

    11. As soon as possible after receiving the report of the delegate or delegates and after considering any representations made under regulation 10 the Minister shall communicate his decision in writing together with the reasons therefor to the parties to the appeal.

THE TOWN AND COUNTRY PLANNING (CONSTITUTION AND PROCEEDINGS OF JOINT AREA PLANNING COMMITTEES) REGULATIONS

G.N. No. 17 of 1960

    1. (1) These Regulations may be cited as the Town and Country Planning (Constitution and Proceedings of Joint Area Planning Committees) Regulations.

    (2) These Regulations shall apply only to joint Area Planning Committees appointed by the Minister under sections 15(4)(b) and 15(5)(b) of the Act.

    2. In these Regulations unless the context otherwise requires–

    "Act" means the Town and Country Planning Act *;

    "Minister" means the Minister for the time being responsible for town and country planning.

    3. (1) A joint Area Planning Committee shall be appointed by the Minister from nominations made by the local government authorities concerned in such proportions as the Minister shall decide in each case and shall consist of not less than seven members, at least one of whom shall be a representative of the Government.

    (2) Where any local government authority concerned fails, within the time specified by the Minister, to nominate any representative under the provisions of subparagraph (1) of this regulation, the Minister may appoint a member or members of such authority or such other person or persons as the Minister deems proper to be a member or members of a joint Area Planning Committee.

    (3) Where a member of a joint Area Planning Committee ceases to be a member of the local government authority he represents, he shall also cease to be a member of the joint Area Planning Committee.

    4. (1) Notice of all appointments to a joint Area Planning Committee shall be published in the Gazette and shall take effect from the date of such publication.

    (2) The Minister shall be advised of all vacancies as they occur and such vacancies shall be filled within sixty days of their occurrence.

    (3) A person appointed to fill a vacancy howsoever caused occurring during the period of office of a member, shall hold office for the unexpired portion of the term of office of the member whose place has become vacant.

    5. (1) The members of a joint Area Planning Committee shall elect a Chairman and a Vice-Chairman from among themselves at the first meeting of the joint Area Planning Committee and thereafter, subject as provided in subparagraph (4) of this regulation, annually.

    (2) The Chairman and Vice-Chairman elected under subparagraph (1) of this regulation shall, unless they resign or cease to be capable or qualified to continue to remain members, remain in office until their successors in the office of Chairman and Vice-Chairman are elected.

    (3) The Chairman and Vice-Chairman, if not disqualified, shall be eligible for re-election to the office of Chairman or Vice-Chairman.

    (4) In the event of the office of Chairman or Vice-Chairman becoming vacant for any cause whatsoever during the term of office of the holder thereof a successor shall be elected at the next meeting of the joint Area Planning Committee held after the date on which the vacancy occurs and shall serve for the remainder of the period of office for which his predecessor had been elected and shall then retire but shall be eligible for re-election.

    (5) The Chairman shall preside at all meetings of a joint Area Planning Committee but in the absence of the Chairman the Vice-Chairman shall preside or, if both the Chairman and the Vice-Chairman are absent, another member shall be elected to act as Chairman for that meeting only.

    6. Four members of a joint Area Planning Committee shall constitute a quorum and no business shall be conducted at a meeting unless such quorum is present.

    7. All questions that may come before a joint Area Planning Committee shall be decided by votes of the majority of the members present and voting and in the event of an equality of votes the Chairman shall have a casting vote in addition to his deliberative vote.

    8. (1) A joint Area Planning Committee appointed by the Minister shall, subject to any other regulations made under the Act hold meetings as often as occasion may require or as the Minister may in any particular case direct.

    (2) A member appointed to a joint Area Planning Committee–

    (a)    shall, subject to the provisions of regulations 3(3) hold office for a period of three years or such shorter period as the Minister may direct and shall be eligible for re-appointment;

    (b)    may resign his membership of the joint Area Planning Committee on giving to the Minister two months' notice in writing or such less period as the Minister may direct in any particular case.

    9. A joint Area Planning Committee may, with the approval of the Minister, appoint such staff as the Minister may approve.

    10. (1) Minutes of the proceedings of every meeting of a joint Area Planning Committee shall be regularly entered in books kept for the purpose and shall be read and confirmed or amended as the case may require and signed by the Chairman presiding at the same or the next meeting and all minutes so signed shall, in the absence of proof of error, be deemed to be a correct record of the meeting of which they purport to be minutes.

    (2) The names of members present and absent shall be recorded in the minutes.

    (3) The minutes shall at all reasonable times be open to inspection by any member of the joint Area Planning Committee.

    11. Any member of a joint Area Planning Committee having a direct or indirect pecuniary interest in any matter to be dealt with at a meeting of the joint Area Planning Committee of which he is a member shall declare such interest and shall withdraw from the meeting whilst such matter is under consideration.

THE TOWN AND COUNTRY PLANNING (USE CLASSES) REGULATIONS

(Section 78)

G.Ns. No.
504 of 1960
14 of 1980
249 of 1993

    1. These Regulations may be cited as the Town and Country Planning (Use Classes) Regulations.

PART I
USE CLASSIFICATIONS

    2. For the purposes of planning and the control of development, all buildings and uses of land are arranged in the following use classes *–

Use Group A - Dwelling Houses

Use Class:

    (a)    Individual dwelling houses designed for use as dwellings by single families, together with such outbuildings as are normally used therewith, but not including dwelling houses designed for occupation by more than one family, and not including dwelling accommodation built over or attached to commercial, office or industrial buildings of Groups E to M inclusive.

    (b)    Terraced dwelling houses (in blocks of two or more) each dwelling designed for use by a single family, together with such outbuildings as are normally used therewith, but not including dwelling accommodation attached to commercial, industrial or office buildings of Groups E to M inclusive.

    (c)    Dwelling houses occupied principally as dwellings, but also used by the occupiers or tenants for professions and occupations and not used in any way as industrial buildings or for the public display or sale of goods or for the storage of bulky equipment or materials used in the occupier's profession or occupation.

    (d)    Dwelling houses of customary native design constructed of mud brick, mud and wattle fair faced and plastered, rough broken stone set in mud, and similar materials, with permanent roofs, not exceeding six habitable rooms and suitable for occupation by one or more families, or by lodgers, or both.

    (e)    Dwelling houses of customary native design constructed of rough mud and wattle or other shortlived materials, or thatched with grass or palm fronds, not exceeding six habitable rooms and suitable for occupation by one or more families, or by lodgers, or both.

    (f)    Dwelling houses of the type described under Use Class A (d) or A (e) but containing not more than one room used for retail trade in non-offensive commodities or handicrafts undertaken for profit:

            Provided that:

        (i)    the primary use of the building is for a dwelling house;

        (ii)    the area of the room used for such retail trading or handicraft shall not exceed 120 square feet and the frontage of such room to any street shall not exceed 12 feet;

        (iii)    any handicrafts undertaken shall be of such a nature as to be inaudible in neighbouring buildings.

Use Group B – Residential Buildings (other than dwelling houses)

Use Class:

    (a)    Boarding Houses.

        "Boarding house" means any residential building the predominant use of which is to provide accommodation with meals for persons, run as a business undertaking for the purpose of gain or profit.

    (b)    Blocks of flats.

    (c)    Tenements or apartment houses.

        "Tenement or apartment house" means any building constructed or adapted for residential purposes in which rooms or a number of rooms are let for individual occupation by person or family units without board.

    (d)    Residential accommodation over or attached to shops and offices, so far as it applies to that portion designed for dwelling purposes only.

    (e)    Residential Clubs

        "Residential club" means a building occupied by a club or society, the predominant use of which is to provide social and recreational facilities for its members, and in which a proportion of not less than one-fifth of the total covered floor area is designed or adapted for the purpose of bedrooms for members other than the club's employees.

    (f)    Convalescent and nursing homes.

Use Group C – Special Residential Buildings

Use Class:

    (a)    Hostels and the residential portion of schools, colleges, convents and monasteries.

    (b)    Hospitals, sanatoria and approved homes for mentally defective persons.

    (c)    Residential hostels, public or private, licensed or unlicensed for the sale of intoxicating liquor.

    (d)    Barracks for armed forces or police.

    (e)    Common lodging houses.

        "Common lodging house" means a house in which or in any part of which persons are harboured or lodged for payment for any period in such circumstances that more than two such persons, not necessarily being members of the same family, are permitted to occupy a single room, but does not include any such house or part of a house used solely as a nursing home, hospital, school or similar institution.

    (f)    Hotels and motels, public or private, licensed or unlicensed, for the sale of intoxicating liquor.

Use Group D – Shops

Use Class:

    (a)    Buildings for retail trade or retail services but excluding cafés or restaurants, bars (licensed or unlicensed for the sale of intoxicating liquor), hairdressers, cleaners and dyers, shops for the sale of uncooked meats, fish or fried fish, retail markets and petrol service stations.

    (b)    Cafés or restaurants.

    (c)    Bars licensed for–

        (i)    sale of intoxicating liquor;

        (ii)    carnivals;

        (iii)    festivals.

    (d)    Hairdressers.

    (e)    Cleaners and dyers.

    (f)    Workshops incidental to the running of retail trade and attached to the premises thereof, but not exceeding the total floor area of the trade premises.

    (g)    Shops attached to service trades (Use Group M) not exceeding 50 percent of workshop area so far as the portion devoted to retail sales only is concerned.

Use Group E – Special Retail Services

Use Class:

    (a)    Shops for the retail sale of uncooked meat or fish.

    (b)    Shops for the retail sale of fried fish and other hot food.

    (c)    Retail markets.

    (d)    Informal trade activities.

Use Group F – Petrol Service Stations

Use Class:

    (a)    Petrol Service Stations not equipped with facilities for garage or motor repairs.

    (b)    Fire stations.

    (c)    Solid fuel storage.

Use Group G – Offices

Use Class:

    (a)    Offices of business or professions not including public offices listed in.

    (b)    Offices of parastatal organisations.

Use Group H – Public Buildings and Places of Assembly

Use Class:

    (a)    Art galleries, museums or exhibition halls, meeting houses, public halls.

    (b)    Public bathing and swimming establishments.

    (c)    Central or local government offices.

    (d)    Clinics, health centres, dispensaries, not including animal clinics or dispensaries, and excluding retail pharmacists shops.

    (e)    Clubs - non-residential, community centres.

    (f)    Concert halls, cinemas, theatres, lecture halls, gymnasia.

    (g)    Courts of law.

    (h)    Buildings for social service, voluntary or charitable associations.

    (j)    Public libraries.

    (k)    Post offices, police stations.

    (l)    Offices of the Party.

    (m)    Embassies and other diplomatic missions, including offices of international organisations enjoying diplomatic privileges.

    (n)    Places of worship, mandalas.

Use Group J – Special Places of Assembly

Use Class:

    (a)    Billiard saloons, dance halls, amphitheatres, skating rinks, amusement halls, fair booths, fun fairs, operas, plays and band stands.

    (b)    Open spaces for active recreation:

            Athletics grounds, sports grounds, playing fields, race courses, golf courses, outdoor stadia, indoor stadia, velodromes, traditional ngoma grounds, tot-lots.

    (c)    Open spaces for passive recreation:

            Private and public parks, public gathering grounds, green belts, hiking trails, horse trails, gardens, botanical gardens, urban squares, incidental open space, scenic sites.

    (d)    Cemeteries and crematoria.

    (e)    Camp sites and caravan parks.

    (f)    Aqua-based recreation sites:

            Swimming pools, sites for boating, rowing and canoeing, marinas, yachting, scuba-diving, wind surfing, water skiing.

    (g)    Beaches, sun bathing, swimming.

Use Group K – Educational Buildings

Use Class:

    (a)    Nursery schools.

    (b)    Schools, colleges, training colleges and institutes.

Use Group L – Wholesale and Storage Warehouses

Use Class:

    Wholesale warehouses designed both for storage of goods and transaction of business (other than retail business) relating to such goods; storage and transit warehouses and godowns (not including storage of offensive goods or materials); furniture repositories; wholesale markets where no retail trade is carried on; including, in every case, necessary offices.

Use Group M – Industrial-Service Trades

This Use Group covers–

(1)    Small-scale industries serving the day-to-day needs of the local populations, which–

    (a)    do not employ machinery or plant which is clearly audible in the street or in neighbouring premises under normal working conditions;

    (b)    do not employ prime movers other than manual or wind-driven machines or electric motors with a maximum individual output of 5 h.p. or a total of 20 h.p.; and

    (c)    are not, in any case, of such a nature as to be likely to cause nuisance or annoyance to the neighbourhood.

(2)    Craftsman trades carried on at a scale not sufficient to warrant the provision of a factory.

    These activities are divided into the following classes:

Use Class:

    (a)    The manufacture or processing of confectionery, bread and cakes, ice cream, meat pies, sausages and cooked meats, preserves and aerated waters, pasteurising and bottling of milk, processing of cream, refrigerated storage; small-scale milling of grains; laundries; book-binding; printing of books, posters and newspapers.

    (b)    General light joinery using only scantlings milled or cut from the bulk elsewhere (but not including sawmilling), furniture repairing, upholstering, french polishing; awning, blind and sail making and repairing, workshops for radio mechanics, electricians, plumbers, tinsmiths, copper-smiths and tinkers (but not including panel beating), painters and decorators, sign writers.

    (c)    Motor vehicle light repairs and servicing, workshops, storage yards and depots.

(3)    Activities in (1) and (2) above but carried out in an informal manner.

Use Group N – Special Industrial

    Special industries are industries (including storage) which may be offensive by reason of smell, noise or fumes, or dangerous by reason of the use and storage of dangerous or inflammable materials, or inimical to public health by reason of vermin or other causes.

    Special industrial buildings include buildings, yards, storehouses and necessary office accommodation used in any of the following processes–

Use Class:

    (a)    Kilns, ovens, furnaces or plant for the burning, calcining, sintering, smelting or converting of ores, minerals or metals (but excluding glass works), plant for milling, crushing, grinding or screening materials; installations for power hammering or power forging of iron and steel, recovery of metals from scrap (but excluding scrap storage yards and crush baling of scrap for shipment), panel beating, chromium plating and galvanizing, the dissolution of metals in acid.

    (b)    Industrial processes involving the production or treatment of noxious, offensive or explosive chemicals or gases or compounds thereof. Works which employ such materials in other processes on a scale considered by the Minister to constitute an offensive industry. Works for the production, manufacture, moulding or rolling of glass. Vegetable oil extraction, distilling, refining or blending. Soap manufacture using only vegetable oils.

    (c)    Bulk storage of petroleum products and inflammable fuel oils and inflammable or explosive gases; the filling, storage in bulk and dispatch of containers containing such fluids or gases.

    (d)    Storing or processing any form of putrescible, offensive or noxious animal matter, offal, by-products or butcher's waste; tanning, leather dressing, hide and skin storage, fish curing or drying (including shark meat and the storage of dried fish in other than refrigerated storage); manufacture of fertilizers from putrescible organic matter; manufacture of soap from animal oils or fats; decortication of sisal (but excluding storage of baled sisal fibre); any trade or process generally similar to the above and likely to be offensive or noxious in any way.

    (e)    Industrial and other processes involving the treatment or use of radio-active material.

    Proposals to use land or premises for industries under paragraph (b) above will be considered in relation to the size and scale of the development proposed and may, in suitable cases, be regarded as general industrial by special permission of the Minister.

Use Group O – General Industrial

Use Class:

    (a)    All other industries not included in Use Groups M and N:

            Provided that certain industries enumerated in Use Class N (a) and (b) may be admitted by the Preparatory Authority to this group if it is satisfied in each individual case that the scale of the industrial process is such that it is not likely to require segregation from general industries:

            Provided further that certain industries of the Group (excluding the production or storage of foodstuffs) may be added to an industry of Use Group O.

Use Group P – Transport Terminal Facilities

Use Class:

    (a)    Bus stations and terminals, car parks, lorry parks, garages, multilevel parking garages, lock-up garages.

    (b)    Railway stations and terminals, subway stations.

    (c)    Aerodromes.

    (d)    Posts and dockyards, marina docking, beachcraft landing.

Use Group Q – Communications and Public Works

Use Class:

    (a)    Radio or television broadcasting or booster stations, satellite stations, meteorological stations, telephone exchange stations or structures connected with wireless telegraphy.

    (b)    Electricity generating stations or substations or transformer stations.

    (c)    Water works including intake, treatment, pumping or storage works.

    (d)    Sewage treatment or pumping works.

Use Group R – Plant and Animal Husbandry

Use Class:

    (a)    Cultivation of crops, horticulture, viticulture, floriculture, plant stirpiculture including medicinal and cosmetic herbs.

    (b)    Hearing of cattle, goats, sheep, piggeries, poultry, rabbits, horses and animal stirpiculture.

    (c)    Farm homesteads. Carrying out of activities in use class (a) and (b) associated with residential accommodation.

    (d)    Forestry including arboriculture, silviculture, apiculture, sericulture.

    (e)    Wildlife keeping including zoos, zoological gardens, menageries, terrariums, aviculture and aviaries.

    (f)    Aquaculture, pisciculture including fish ponds and aquariums.

    (g)    Snake parks, crocodile farms.

    (h)    Game hunting sites.

    (j)    Eco-reserves including animal and bird sanctuaries, areas of unique vegetation population.

Use Group S – Leave Ways for Public Utility Services

Use Class:

    (a)    Roads and road reserves, railway lines, footpaths and cycle ways.

    (b)    Overhead utility services including electricity supply, telecommunications, telephone, telegraph and wireless lines.

    (c)    Underground utility services including pipelines for conveyance of water, sewage, oil, gas and underground cables.

    (d)    Canals, waterways for commercial carriage of freight; waterways for cruising, fishing or other recreational purposes.

Use Group T – Ecologically Fragile Lands for Conservation

Use Class:

    (a)    Marine and lacustrine beaches, mangrove swamps, onshore and offshore outcrops of coral reefs, continental shelf, estuaries, coastal mudflats, coastal, riverine and terrestrial wetlands, deltas, marshlands, swamps and lagoons.

    (b)    Streams, rivers, river valleys, river banks and shoulders springs, and geysers.

    (c)    Mountains, hills, volcanic craters, steep slopes.

    (d)    Relic lands including abandoned mines, quarries and pits, saltpans.

    (e)    Areas of outstanding physiological or geological interest.

Use Group U – Shooting Ranges

Use Classes:

    (a)    Rifle ranges, shot-gun shooting ranges, skeet shooting fields.

    (b)    Archery ranges.

Use Group V

    All land and building uses which do not fall within use groups A to U inclusive, including those which have special technical requirements in siting.

    Approved schools; agricultural buildings and buildings essential for housing and labour lines; public lavatories, prisons; places for detention for mentally defective persons; boarding kennels, animal clinics or dispensaries, small maintenance depots for large housing estates:

    Provided that this group shall not constitute a class within the meaning of that word in paragraph (a) of the definition of "development" in section 2 of the Town and Country Planning Act *.

Use Group W – Cultural Properties Buildings, Sites and Areas for Preservation as Heritage

Use Classes:

    (a)    All buildings and sites of historic, architectural or cultural interest or value and all lands with such buildings or sites which are preserved as national or local heritage under the Antiquities Act *.

    (b)    Archaeological Sites.

        Notwithstanding any other law to the contrary, all building plans for carrying out of any repair, renovation or restoration of buildings and site or for erecting additional structures in any area with buildings and sites as defined in Use Group W shall require the consent of the Minister.

    In granting consent for the repair, renovation or restoration of buildings and sites, or for erecting additional structures in any area with buildings and sites as defined in Use Class "A" of Use Group W, or for any development in archaeological sites, the Minister shall hold consultations with the Minister responsible for the preservation of antiquities or the Minister responsible for archaeology, as the case may be:

    Provided that this group shall not constitute an independent use group but may be associated with any other of use Groups A to S inclusive and that this group shall not constitute a class within the meaning of that word in paragraph (a) of the definition of "development" in section 2 of the Town and Country Planning Act *.

PART II
CHANGE OF USE

    3. (1) The making of any change of use of any land or buildings from a purpose within any use class prescribed under Part I of these Regulations to the use thereof for any other purpose within the same use class shall not be deemed to be "development" as defined in section 2 of the Town and Country Planning Act.

    (2) The making of any change of use of any land or buildings, from a purpose within any use class specified in column 1 of the Table hereto to any other purpose within any use class or classes set out opposite thereto in column 2 of the said Table shall not be deemed to be "development" as defined in section 2 of the Town and Country Planning Act:

    Provided that–

    (a)    in making any such aforesaid change of use, a building or premises shall not be sub-divided into two or more separate premises or the sub-divisions devoted to two or more separate uses;

    (b)    no external structural alterations affecting the outward appearance of the building are made.

    (3) The provisions of paragraph (1) of this regulation shall not apply to the making of any change of use of any land or building from any use which is not in conformity with any scheme or scheme in course of preparation or, in the case of paragraph (b) thereof, to any use which is not in conformity with any scheme or scheme in course of preparation.

    4. Nothing in these Regulations shall be interpreted as exempting any person who proposes to make a change of use of land or buildings from obtaining any consent or permit required under any Act, Rules or Regulations other than the Town and Country Planning Act and any regulations made thereunder.

TABLE

THE TOWN AND COUNTRY PLANNING (APPLICATION FOR PLANNING CONSENT) REGULATIONS

G.N. No. 505 of 1960

    1. These Regulations may be cited as the Town and Country Planning (Application for Planning Consent) Regulations.

    2. In these Regulations–

    "Act" means the Town and Country Planning Act *.

    3. (1) Any person who wishes to obtain planning consent in respect of any development shall make application therefor on the appropriate form (in duplicate) as set out in the Schedule hereto to the area Planning Committee.

    (2) In cases where the Area Planning Committee is not the local government authority, the Area Planning Committee shall forward the application to the local government authority with such recommendations and directions as it may deem appropriate.

    4. (1) Subject to the provisions of paragraph (4) of this regulation, every application shall be accompanied by–

    (a)    where the proposed development is the subdivision or layout of land–

        (i)    key plans to a scale of not less than 1/5000 where necessary to identify the site;

        (ii)    layout and subdivision plan to a scale of not less than 1/1000, except where the plan would thereby be of an unwieldy size when a scale of 1/2500 may be accepted; all adjoining and surrounding development shall be shown;

        (iii)    plans and longitudinal section of roads and drainage to a horizontal scale of 1/1000 and an exaggerated vertical scale of 10 feet to 1 inch and constructional cross sections to a natural scale of 10 feet to 1 inch;

    (b)    where the proposed development is a change of use of land or premises–

        (i)    a key plan sufficient to show the size and location of the property, where required by an Area Planning Committee;

        (ii)    where construction works are to be undertaken, a plan of the proposed works to a scale of 1/8 inch to 1 foot.

    (c)    where the proposed development involves any building or engineering or mining work in, on, under or over any land or premises–

        (i)    a block plan to a scale of not less than 1/500 sufficient to show the boundaries of the property;

        (ii)    plans to a scale of 1/8 inch to 1 foot showing all elevations fronting a street or open space together with a list of external materials to be used, and floor plans showing the proposed use of each floor and internal division where possible;

        (iii)    a key plan, scale of not less than 1/5000, where necessary to identify the site.

    (2) All plans shall be on durable material and shall be submitted in triplicate, one copy of which will be returned to the applicant together with the decision of the Area Planning Committee.

    (3) Any person who desires to obtain planning consent subject to subsequent approval of the particulars of the proposed development shall give sufficient details on the appropriate form and plans to enable a decision to be made and any consent shall be endorsed accordingly.

    (4) This regulation shall not apply to applications to develop land for uses described in Use Class A (d), A (c) or A (f) of the Town and Country Planning (Use Classes) Regulations.

    5. On receipt of an application for planning consent, other than an application to which paragraph (4) of regulation 4 refers, the Area Planning Committee or, where the application has been forwarded to the local government authority, the authority shall, unless the Minister otherwise directs with respect to development in any specified area, as soon as possible forward the duplicate of the application form, together with one copy of the plans, to the Minister; and after a decision has been reached shall inform the Minister of the decision.

    6. For the avoidance of doubt it is hereby declared that–

    (a)    any consent or decision made under the Act or these Regulations shall not be deemed to be a consent or decision made under any other Act, rules or regulations and shall not absolve the applicant from obtaining consent required under any other Act, rules or regulations;

    (b)    any consent or decision made under any other Act, rules or regulations shall not be deemed to be a consent or decision made under the Act or these Regulations and shall not absolve the applicant from obtaining planning consent.

SCHEDULE
FORMS

(Regulation 3)

FORM "A"
APPLICATION FOR PLANNING CONSENT

THE TOWN AND COUNTRY PLANNING ACT (CAP. 355)

This form should be submitted in duplicate

(All development other than Use Classes A (d), A (e) and A (f))

FORM "B"
APPLICATION FOR PLANNING CONSENT

THE TOWN AND COUNTRY PLANNING ACT (CAP. 355)

This form should be submitted in duplicate

(Use Class A (d), A (e) and A (f) only)

THE TOWN AND COUNTRY PLANNING (MODIFICATIONS OF PLANNING SCHEMES) REGULATIONS

G.N. No. 678 of 1964

1.    Citation

    These Regulations may be cited as the Town and Country Planning (Modifications of Planning Schemes) Regulations.

2.    Scheme in preparation

    Where a scheme is in course of preparation or has been placed on deposit as required by section 29 of the Town and Country Planning Act (hereinafter called "the Act") but has not as yet been approved by the Minister, and where the Minister is satisfied that it is in the public interest that planning consent should be granted which is not in accordance with such scheme, he may authorise the grant of such planning consent as aforesaid so long as–

    (a)    it does not conflict with the general intentions of the scheme;

    (b)    it does not involve a substantial departure from the provisions of the scheme;

    (c)    it does not injuriously affect the amenities of any adjoining land.

3.    Application for planning consent

    An application to grant planning consent under regulation 2 shall be made in writing by the Area Planning Committee and if not approved by the Minister within two calendar months from the date of application shall be deemed to be disapproved.

4.    Scheme to be approved

    Where a scheme has been approved by the Minister under sections 31 and 32 of the Act and where the Minister is satisfied that it is in the public interest that planning consent which does not accord with the scheme should be granted, he may authorise the grant of planning consent so long as–

    (a)    it does not conflict with the general intentions of the scheme;

    (b)    it does not involve a substantial departure from the provisions of the scheme;

    (c)    it does not injuriously affect the amenities of adjoining land.

5.    Application to grant planning consent

    An application to grant planning consent under the preceding regulation shall be made in writing by the Area Planning Committee, and if not approved by the Minister within two calendar months shall be deemed to be disapproved.

6.    Desire to modify

    Where it is desired to modify any zoning or other provision of an approved scheme in such a way as not to be a substantial departure from the intentions of an approved scheme, the Preparatory Authority may apply to the Minister to consent to such modification.

7.    Preparatory Authority desire to modify

    The Preparatory Authority desiring such a modification under regulation 6 shall submit to the Minister a written explanation as to the need for such modifications, together with a drawing to show its effect on the scheme, the observations of the Area Planning Committee, the local government authority (if the local government authority is not the Area Planning Committee), and the owners of the land concerned.

8.    Approval of modification by Minister

    The Minister shall consider an application under paragraph 7 within two calendar months of the receipt thereof and may approve the modification as submitted or may himself modify it, and shall within fourteen days of granting approval thereof publish a notice to the effect that such modification has been made and that the approved scheme has been amended.

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT AND ZONING) (CAPITAL DEVELOPMENT AREA) REGULATIONS

(Section 78)

G.N. No. 14 of 1980

PART I
PRELIMINARY PROVISIONS (regs 1-3)

1.    Citation

    These Regulations may be cited as the Town and Country Planning (Development and Zoning) (Capital Development Area) Regulations.

2.    Application

    These Regulations shall apply to all activities relating to development within the capital development area.

3.    Interpretation

    In these regulations unless the context requires otherwise–

    "Act" means the Town and Country Planning Act *;

    "Authority" means the Capital Development Authority established by the Capital Development Authority (Establishment) Order;

    "capital development area" means the area of land declared to be a planing area by the Dodoma National Capital Planning Order;

    "development" has the meaning ascribed to it by the Town and Country Planning Act, and "develop", with its grammatical variations and cognate expressions, shall be construed accordingly;

    "development notice" means a notice specifying whether and what development is likely to be permitted on land to which the notice relates;

    "Dodoma General Planning Scheme" means the scheme, including any amendment made to it, approved for the development of the capital development area;

    "enforcement notice" means a notice served on a developer, in relation to any development activity, requiring him to comply with the provisions of the scheme;

    "Minister" means the Minister for the time being responsible for capital development;

    "non-conforming development" means development which does not conform to the provisions of the scheme by which it is governed;

    "planning consent-in principle" means approval of a particular development or use of land granted by the Special Committee upon the condition that an application for a planning consent be submitted to it in respect of the particular development;

    "register" means the register caused by the Special Committee to be kept and maintained under Regulation 30 for the purpose of these Regulations;

    "Special Committee" means the Special Committee established by the Area (Constitution, Proceedings and Delegation of Functions) Regulations to be the Area Planning Committee in relation to the Dodoma Capital Development area;

    "unauthorised development" means development which is not authorised by or under the Act;

    "zone" means an area of land within the capital development area the nature of whose development is classified and prescribed by these Regulations and "sub-zone" shall be construed accordingly;

    "zoning map" means a map in which the boundaries of zones and sub-zones within the capital development area are delineated.

PART II
PROVISIONS RELATION TO PLANNING CONSENT, PLANNING CONSENT-IN-PRINCIPLE AND DEVELOPMENT NOTICES (regs 4-21)

Application for and Grant of Planning Consent (regs 4-12)

4.    Application for planning consent

    (1) Subject to subparagraph (2) every application for planning consent shall be submitted in triplicate to the Special Committee through the Authority in the form prescribed in the First Schedule to these Regulations.

    (2) Every application made pursuant to subparagraph (1) shall be

    (a)    accompanied by such signed appropriate plans, designs and drawings as may be required by the forms prescribed in the First Schedule to these Regulations; and

    (b)    signed by the applicant or by his duly authorised agent.

5.    Application to develop land within village

    (1) Where the person applying for planning consent intends to develop land within a under the Local Government District village Authorities Act *, he shall, on making his application to the Special Committee, submit a copy of the application to the secretary of the village concerned together with a note appropriately explaining the nature of the development he intends to carry out.

    (2) The village concerned may make representations to the Special Committee in relation to the development proposed by the applicant.

    (3) The applicant shall furnish to the Special Committee such evidence of his having complied with the provisions of this paragraph as the Committee may require.

6.    Application to carry out non-conforming development

    Where the person applying for planning consent intends to carry out–

    (a)    non-conforming development; or

    (b)    development whose impact on the environment of any part of the capital development area is likely to be such that the Area Planning Committee considers that this Regulation should be complied with by that person,

he shall give such publicity to his application, and notice of it, to such parties as the Committee may, from time to time, direct.

7.    Power of the Special Committee in relation to applications

    (1) The Special Committee may, in its discretion, grant an application for planning consent and may, subject to section 40 of the Act reject such application.

    (2) Without prejudice to the general power conferred by subparagraph (1), the Special Committee may reject any application for planning consent if that application–

    (a)    is not submitted in the appropriate forms; or

    (b)    is submitted in an appropriate form which is not completed to the satisfaction of the Area Planning Committee; or

    (c)    is not accompanied by the prescribed plans, designs and drawings; or

    (d)    in appropriate cases, has been submitted in contravention of any of the provisions of paragraphs (1) and (3) of Regulation 5.

    (3) The Special Committee may, in lieu of rejecting an application for planning consent, require that the applicant furnish to it such further information as it may specify in the requirement.

8.    Imposition of conditions on planning consent

    (1) Subject to section 39 of the Act, the Special Committee may, on granting an application for planning consent, impose such conditions as it may consider necessary or which are desirable taking into account the intent and the purpose of the Dodoma General Planning Scheme.

    (2) Without the generality of the power to impose conditions which is conferred by subparagraph (1), the Special Committee may impose conditions for all or any of the following purposes–

    (a)    maintaining and preserving trees or other vegetation on a plot undergoing development;

    (b)    maintaining and preserving trees or other vegetation and open spaces in a completed development in accordance with the standards and for the duration prescribed by the Authority;

    (c)    requiring the developer to plant and maintain trees or other vegetation in accordance with standards, and for the duration, prescribed by the Authority;

    (d)    requiring the developer to fence or otherwise secure the safety of a site undergoing development;

    (e)    ensuring that a site undergoing development does not develop into a public nuisance or become a source of danger to public health;

    (f)    requiring the developer to clean up and remove all building waste and other materials and rubbish from the site of a completed development;

    (g)    requiring the developer to provide adequate points of access to development;

    (h)    requiring the use of prescribed materials in a development and prohibiting the use in it of particular materials;

    (i)    requiring the developer to provide commercial or social facilities or open spaces in a residential development;

    (j)    regulating or controlling the uses to which land or buildings to which the application for the planning consent relates may be put;

    (k)    limiting the duration of operation of planning consent;

    (l)    phasing the timing and implementation of a development;

    (m)    requiring the developer to use particular services provided by the Authority;

    (n)    requiring the developer to apply for a further planning consent for different or successive phases of a development over a period of time;

    (o)    requiring the developer to permit representatives and officers of the Authority to enter any land on which development is going on pursuant to the terms of the planning consent;

    (p)    requiring the developer to design and construct a building in accordance with any general principles, drawings or designs provided or prescribed by the Authority;

    (q)    requiring the developer to demolish or remove buildings or other structures from the land before commencing development;

    (r)    requiring the developer to preserve and maintain buildings or other structures on any land undergoing development;

    (s)    requiring the developer to preserve and maintain the natural features and landscape of land undergoing development;

    (t)    requiring the developer to landscape any completed development in accordance with any standards or designs prescribed or specified by the Authority;

    (u)    requiring the developer to finish the exterior of any development in accordance with the standards and designs prescribed or specified by the Authority;

    (v)    requiring the developer, where development consists of the extraction of minerals or other substance or substances from the ground or the felling and removal of trees or other vegetation, to so design and operate the process of extraction, felling or removal as to preserve the natural features and flora of the landscape and to restore and replant the site during the course of development in accordance with any standards or designs prescribed or specified by the Authority;

    (w)    regulating and controlling the deposit and disposal of waste from any industrial process, whether by burning, or by effluent through rivers, lakes, or other water courses, natural or otherwise, or by vehicular traffic;

    (x)    limiting the hours of the day or the night during which an industrial process may operate;

    (y)    requiring the developer or user of an industrial process to use materials in constructing it, and install mechanical or other machinery or devices, designed or intended to reduce the levels of emission of noise, smoke and effluent during its operation, in accordance with the provisions of any written law relating to the control of industrial pollution or with any standards prescribed by the Authority, and to maintain them at that level;

    (z)    requiring the developer to provide adequate car parking facilities or to abide by such other conditions as the Minister may direct to be imposed.

9.    Factors for consideration by Area Special Committee

    In considering whether or not to grant, grant subject to conditions or refuse to grant an application for a planning consent or to require that an applicant furnish further information, the Special Committee shall, in so far as they are relevant to the application before it, take into account the following matters–

    (a)    the observation of the Authority on the application made in accordance with the provisions of the First Schedule to these Regulations;

    (b)    the intent and purposes, and the policies arising from the implementation, of the Dodoma General Planning Scheme;

    (c)    the provisions of any detailed Scheme;

    (d)    any guidelines, design briefs or other documents prepared by or on behalf of the Authority pertaining to the planning, development and construction of the Capital City and available with or without payment to any member of the public;

    (e)    the need to encourage and promote development within the capital development area;

    (f)    the existing and proposed use of land and the height of any buildings in its immediate vicinity;

    (g)    the topography and physical condition of the land;

    (h)    the shape and size of each proposed plot;

    (i)    the design, construction, appearance and environmental effects of the proposed plot or development;

    (j)    the number, location, safety and convenience of proposed points of access to the development;

    (k)    the adequacy of transport services and roads to and from the proposed development;

    (l)    the adequacy of educational, social and commercial facilities adjacent to, within, or proposed for, or together with, the proposed development;

    (m)    the adequacy of open spaces adjacent to or within the proposed development; and

    (n)    any other matters relevant to the application which are deemed by the Area Planning Committee to be necessary or desirable.

10.    Planning consent in respect of non-conforming development

    (1) Where an application for planning consent relates to a non-conforming development, the Special Committee may, after consultation with the Minister, grant planning consent to the applicant permitting him to undertake that non-conforming development.

    (2) In considering whether or not to grant planning consent in respect of a non-conforming development the Special Committee shall have regard to all matters specified in Regulation 9 which are relevant to the application and shall, insofar as they are relevant to the application, have regard to the following matters–

    (a)    the importance or otherwise of attracting the particular development to the capital development area;

    (b)    the probable effect of the proposed non-conforming development on the immediate environment;

    (c)    the degree to which the proposed non-conforming development or use of land departs from the zone or sub-zone classification in any zoning map;

    (d)    the probable impact of the proposed non-conforming development on the sewerage, water, electricity and other infrastructural service in the locality and the capital development area as a whole;

    (e)    the economic and social benefits derivable from, and costs of, the proposed non-conforming development or use of land;

    (f)    the views, if any, of the Village or Ward Council within whose area of jurisdiction the proposed non-conforming development is to be undertaken.

    (3) Planning consent granted in respect of non-conforming development may be accompanied by such conditions as the Special Committee considers necessary or desirable.

11.    Decisions of Area Special Committee

    Every decision made by the Special Committee in accordance with these Regulations relating to an application for planning consent shall be communicated in writing to the applicant and shall, where an application is rejected, specify the reason or reasons for the rejection.

12.    Exemptions

    The Special Committee may exempt any applicant or category of application from all or any of the provisions of this Part or may modify the application of all or any of those provisions to any applicant or category of applicants.

Application for and Grant of Planning Consent-in-Principle (regs 13-15)

13.    Application

    (1) Any person who wishes to ascertain whether or not a particular development or use of land would be approved in principle by the Special Committee may apply for planning consent in principle in respect of that development or use of land.

    (2) Every application for planning consent-in-principle shall be submitted in triplicate to the Special Committee through the Authority in the form prescribed in the Second Schedule to these Regulations.

14.    Powers of Special Committee in relation to for planning consent-in-principle

    (1) The Special Committee may, in its discretion, grant an application for planning consent-in-principle and may, subject to subparagraph (3) reject any such application if, in its opinion, the application is not applications properly submitted.

    (2) For the purpose of this Regulation, an application shall be deemed to be improperly submitted if–

    (a)    it is not submitted in the prescribed form;

    (b)    it is not accompanied by any documents or information prescribed by the Minister in that behalf from time to time; or

    (c)    it does not contain any particulars which, in the opinion of the Special Committee, are material or necessary for reaching a proper decision.

    (3) The Special Committee may, in lieu of rejecting an application for planning consent-in-principle, require the applicant to furnish to it such further information or particulars as it may specify in the requirement.

    (4) Where the Special Committee considers that the circumstances of the case require that an application for planning consent-in-principle be considered together with the siting, design, layout, external appearance of the development or site, or the means of access to it, it shall require the applicant to furnish to it, within twenty-eight days from the date of that requirement, such further information as it may specify or to withdraw the application.

    (5) Any further information furnished pursuant to a requirement given under subparagraph (4) shall not be deemed to become part of the application for a planning consent-in-principle.

15.    Grant, and consequences of grant, of planning consent-in-principle

    (1) Every planning consent-in-principle granted by the Special Committee shall relate only to the matters of principle contained in the application for it and to any other matter, whether or not other matters in relation to the application are specifically reserved for later decision.

    (2) Upon the grant of an application for planning consent-in-principle, the development or use of land in relation to which the application was made may be undertaken, subject to an application for planning consent being made to and granted by the Special Committee.

    (3) For the avoidance of doubt, no development or use of land or change of use of land, may be undertaken by any person after, or as a result of, the grant to him of planning consent-in-principle until planning consent in relation to the details of the proposed development or use has been sought and obtained from the Special Committee.

Application for and Grant of Development Notice (regs 16-21)

16.    Persons who may apply for a development notice

    Any person may apply for a development notice if he wishes to ascertain whether any or what development may, or is likely to be permitted to be undertaken on any particular plot or plots, or in any zone or sub-zone.

17.    Application

    An application for a development notice shall be made to the Special Committee through the Authority in such manner as the Minister may, by notice published in the Gazette, prescribe.

18.    Grant of development notice

    (1) Where, in the opinion of the Special Committee, no development is likely to be permitted in the area of land to which the application relates within ten years from the date of the application, the Special Committee shall send to the applicant a development notice informing him that no development is likely to be permitted on the land concerned.

    (2) If, in the opinion of the Special Committee, development is likely to be permitted in the area of land to which the application relates before the expiration of ten years from the date of the application, it shall grant a development notice to the applicant, specifying–

    (a)    the area of land to which the notice relates;

    (b)    what development or category of development which is likely to be permitted on that area of land;

    (c)    any standards and special conditions which are likely to be imposed on the development;

    (d)    the approximate time or date when development is likely to be permitted in the area;

    (e)    the particular development or categories of development which are likely to be first permitted,

and accompanied by such plans, designs and drawings as the Special Committee may consider necessary for the purposes of clearly illustrating the siting, style and quality likely to be required in or of any development or category of development in the area to which the notice relates.

    (3) A development notice informing the applicant that development of the kind he inquired about is likely to be permitted in the area shall be binding upon the Special Committee for a period of one year from the date of its grant to the applicant.

19.    When development notice is deemed to have been granted

    Where no development notice is granted to an applicant within ninety days from the date of receipt of an application for it by the Special Committee, a development notice shall be deemed to have been granted to the applicant informing him that development of the kind he inquired about is not likely to be permitted in the area concerned within ten years from the date of his application.

20.    Decisions of the Special Committee

    Every decision made by the Special Committee in accordance with there Regulations relating to an application for planning consent-in-principle shall be communicated in writing to the applicant and shall, where an application is rejected, specify the reasons for the rejection.

21.    Committee not to give reasons for contents of development notice

    Where the Special Committee grants to an applicant a development notice informing him that development or a particular development is not likely to be permitted in the area concerned, it shall not be necessary for it to furnish to the applicant any reason for holding that view.

PART III
ENFORCEMENT (regs 22-31)

22.    Where unauthorised development undertaken

    (1) Where it appears to the Special Committee that any unauthorised development has been, is being or is about to be carried out, it may–

    (a)    require the developer or prospective developer concerned to apply for planning consent for the development in question; or

    (b)    serve an enforcement notice on the developer, occupier or the person who appears to it to be responsible for the development in question.

    (2) The Special Committee may take the measures in subparagraph (1) concurrently or consecutively.

    (3) The Special Committee shall take necessary measures to ensure that the terms of any notice are explained to and complied with by the person on whom it is served.

23.    Consideration for serving notice

    In considering whether or not to serve any notice, the terms to be imposed in relation to the work to be required by the notice and the duration of that notice, the Special Committee shall have regard to the reasonableness of the conduct, and the resources at the disposal, of the person on whom the notice is intended to be served, the gravity and likely environmental impact of the alleged unauthorised development.

24.    Development carried out before commencement of Dodoma Planning Scheme

    (1) Where any development carried out before the commencement of the Dodoma General Planning Scheme becomes non-conforming as a result of the commencement of the Dodoma General Planning Scheme, the Special Committee may serve an enforcement notice in relation to General that development.

    (2) Where the Special Committee serves an enforcement notice in relation to a development pursuant to subparagraph (1), the provisions of sections 52 and 53 of the Act which relate to compensation shall apply in relation to the person on whom the notice is served in respect of the development in question.

25.    Contents of an enforcement notice

    An enforcement notice shall specify–

    (a)    the person or persons on whom it is to be served;

    (b)    the development or the part of it, which is alleged to be unauthorised;

    (c)    the building, engineering or other works, including demolition, which must be undertaken and completed to the satisfaction of the Special Committee so as to restore the land to the condition in which it was before the development commenced or, as the case may be, so as to comply with the conditions of any planning consent given in respect of the development;

    (d)    the time within which the work must start and be completed;

    (e)    subject to Regulation 26, the date on which the notice shall take effect;

    (f)    the power of the Special Committee under sections 74 and 75 of the Act to enter upon the land to carry out the required work and recover the cost of that work from the owner or occupier of the land or premises;

    (g)    the right to appeal and the procedure for making appeals.

26.    When enforcement notice takes effect

    An enforcement notice shall take effect within such time after it is served, not being less than one month, as may be specified in the notice, if within that period a notice of intention to appeal has not been served by the person on whom the enforcement notice was served.

27.    Enforcement notice to remain in force

    Subject to Regulation 26, an enforcement notice shall continue to have effect notwithstanding that it has been complied with.

28.    Offences relating to notices

    (1) No person may, after complying with a notice served upon him, continue or recommence the unauthorised development whether or not that unauthorised development is one to which the notice served on him relates.

    (2) Any person who contravenes or fails to comply with the provisions of subparagraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four thousand shillings and, in the case of a continuing offence, a further penalty not exceeding fifty shillings for each day during which the default continues after conviction.

    (3) A person who contravenes or fails to comply with the provisions of subparagraph (1) may be proceeded against on the basis of the notice served on him as if there has been any compliance by him with that notice.

29.    Appeals

    Subject to section 58 of the Act relating to the giving of a notice of intention to appeal, any person aggrieved by any decision made by the Special Committee under these Regulations, involving–

    (a)    a refusal to grant an application for planning consent; or

    (b)    the imposition of any conditions upon planning consent; or

    (c)    the imposition of a particular condition or particular conditions upon planning consent; or

    (d)    the service upon him of an enforcement notice under these Regulations,

may appeal against that decision in accordance with the provision of the Town and Country Planning (Appeals) Regulations.

30.    Register

    The Special Committee shall cause to be kept and maintained, in such form as the Ministry may direct a register in which there shall be appropriately entered the following particulars–

    (a)    the name of the person applying for planning consent;

    (b)    the area of land to which the application relates, its location and the development proposed in respect of it;

    (c)    the date and the details of the decision of the Special Committee on the application;

    (d)    the date and the particulars of any decision upon any appeal made to the Minister under section 58 of the Act;

    (e)    the name of any person on whom any notice is served under these Regulations;

    (f)    the particulars of the notice served and the date when it takes effect;

    (g)    the date and the particulars of any decision upon any appeal made to the Minister under section 73 of the Act;

    (h)    the date and the particulars of any action taken by the person on whom any notice is served, to comply with the terms of that notice and whether or not he has complied with the notice;

    (i)    the date and effect of any action taken by the Special Committee to enforce the notice; and

    (j)    the date and the particulars of any decision by a court arising from proceedings under section 71 of the Act for failure to comply with the terms of any notice.

31.    Public may inspect Register

    (1) The register kept and maintained under regulation 30 shall be made available for inspection by any person wishing to do so.

    (2) The Special Committee may, subject to subparagraph (3), on payment to it of a prescribed fee, avail to any person the particulars of any entry in the register which are required by him.

    (3) The Special Committee may prescribe any amount, being not less than five shillings, to be the fee payable by any person wishing to obtain particulars of any entry in the register.

PART IV
GENERAL PROVISIONS (regs 32-35)

32.    Functions of Authority under these Regulations

    (1) For the purposes of the better carrying out of the intent and purposes of these Regulations in relation to the orderly development of the capital development area, the Authority shall provide all consultancy, advisory and supporting services to the Special Committee and to persons intending to undertake development activities within the capital development area.

    (2) Without prejudice to the generality of subparagraph (1), the Authority may–

    (a)    provide general information to the public relating to the various phases envisaged for the development of the capital development area;

    (b)    provide advice and guidance to any prospective developer relating to the completion of appropriate forms and the preparation of required plans, designs and drawings;

    (c)    notwithstanding the preceding provisions relating to applications for and grant of development notices, advise the public on what development is likely to be permitted in any part of the capital development area at any particular time or within a specified period of time;

    (d)    notwithstanding the preceding provisions relating to applications for and grant of development notices and planning consent-in-principle, advise the public generally on whether a particular development or particular development or what development is likely to be permitted on any area or area of land;

    (e)    perform such other functions as the Special Committee may, from time to time, direct.

33.    Application of Use Classes Regulations to capital development area

    (1) Subject to subparagraphs (2), the Town and Country Planning (Use Classes) Regulations which are reproduced in the Third Schedule to these Regulations shall, for the purposes of planning and controlling buildings and use of land, apply to the capital development area.

    (2) For the purposes of their application to the capital development area, the Town and Country Planning (Use Classes) Regulations are modified–

    (a)    in Use Group C, by adding, immediately after Use Class (e), the following Use Class–

        "(f)    Hotels and motels, public or private, licensed or unlicensed, for the sale of intoxicating liquor";

    (b)    in Use Group E, by adding, immediately after the words, "fried fish" in Use Class (b), the words " and other hot food";

    (c)    in Use Group G, by adding, immediately after Use Class (a), the following Use Class–

        "(b)    Offices of parastatal organisations";

    (d)    in Use Group H–

        (i)    by deleting the words "places of worship, mandalas" which occur in Use Class (a);

        (ii)    by adding, immediately after Use Class (k), the following Use Classes–

            "(1)    Offices of the Party;

            (m)    embassies and other diplomatic missions, including offices of international organisations enjoying diplomatic privileges;

            (n)    places of worship, mandalas".

34.    Restriction on application of regulations

    The Town and Country Planning (Application for Planning Consent) Regulations shall not apply in relation to applications for and grant of planning consent in respect of development or use of land within the capital development area.

35.    Zoning not part of regulations

    Any zoning prepared by or on behalf of the Special Committee shall be used as guides for the purposes of the proper implementation of these Regulations but shall not be, or be deemed to be, part of them.

FIRST SCHEDULE

(Paragraph 4(1))

FORM D. C. D. A. 1.
APPLICATION FOR PLANNING CONSENT

THE TOWN AND COUNTRY PLANNING ACT
(DEVELOPMENT AND ZONING)
(CAPITAL DEVELOPMENT AREA)
REGULATIONS

SUBMISSION OF PLANS

    1. Each sheet of every plan and every drawing should be signed by the applicant or his agent. All plans and drawings should be drawn in permanent ink or reproduced in a clear and intelligible manner on suitable material.

    2. This form and the plans and drawings appended to it, should be duly completed and submitted in triplicate, unless it is otherwise directed by the Special Committee.

PLANS AND DRAWINGS TO BE APPENDED

Site Plan:    To an appropriate scale whereby the site and the development to which the application relates are sufficiently identified and conspicuous.

Block Plan:    To a scale not less than one to five hundred, showing–

    (a)    The boundaries of the land any adjoining stands, and any road fronting or adjoining those stands and its name and width;

    (b)    the position of any existing or proposed building on the land;

    (c)    the position of any existing or proposed boreholes, septic tanks, cesspits or cesspools, drains or sewers or other sewage disposal plant on the land;

    (d)    the position with, and gradient of any existing or proposed means of access to any road from the land;

    (e)    in the case of commercial development, the height of any canopy, window head or parapet on the proposed building and on any adjoining building in relation to the pavement or road level.

Sub-division Plan (other than an Estate Layout):

    To a scale appropriate to the area of the land, showing–

    (a)    the boundaries of the land, the number and area of any existing or proposed subdivisions, and their existing or proposed uses;

    (b)    the position of any existing or proposed buildings and of any roads, carriageway, service or sanitary lanes or roads or any footpaths adjacent to the land;

    (c)    the position, width and gradient of all existing and proposed means of access from the land to any road;

    (d)    the existing natural features and trees.

NOTE: The subdivision plan may be combined with the Site plan if the scale permits.

Site layout plan: same details as for the subdivision plan, with the following additional information:

    (a)    the line of any water courses, water mains, drains, sewers, underground or overhead cables on the land.

    (b)    the proposed layout of roads within the estate including all drains, culvert and storm water drainage;

    (c)    the proposed water reticulation, sewerage and electricity systems, showing the source and method of servicing the individual stands;

    (d)    reservation for public utility services and other public purposes.

Building Plans: To a scale of not less than one to one hundred, showing–

    (a)    the plan of each floor and the proposed use of each floor;

    (b)    the elevation of all sides of the building;

    (c)    the levels of the land and the ground floor in relation to the level of any adjoining or adjacent road.

NOTES

    1. This application is for planning consent under the Town and Country Planning (Development and Zoning) (Capital Development Area) Regulations. It does not preclude the necessity for, or duty of, the applicant to obtain any other consent which may be required by or under the provisions of the Town and Country Planning Act or any other written law.

    2. The Special Committee reserves the right to require any further information or additional copies of plans and drawings which it may consider necessary.

SECOND SCHEDULE

(Regulation 13(2))

FORM D. C. D. A. 2
APPLICATION FOR PLANNING CONSENT-IN-PRINCIPLE

THE TOWN AND COUNTRY PLANNING ACT
(DEVELOPMENT AND ZONING)
(CAPITAL DEVELOPMENT AREA)
REGULATIONS

SUBMISSION OF PLANS

    1. Each sheet of every plan and every drawing should be signed by the applicant or his agent. All plans and drawings should be drawn in permanent ink or reproduced in a clean and intelligible manner on suitable material.

    2. This form, and the plans and drawings appended to it, should be duly complete and submitted in triplicate.

PLANS AND DRAWINGS REQUIRED

    Site Plan: To an appropriate scale whereby the site and the land to which the application relates are sufficiently identifiable and conspicuous.

    NOTE: The Authority reserves the right to require any further or additional information or copies of plans and drawings which it may consider necessary.

THIRD SCHEDULE
THE TOWN AND COUNTRY PLANNING (USE CLASSES) (MODIFICATION) REGULATIONS

(Regulation 33(1))

    1. These Regulations may be cited as the Town and Country Planning (Use Classes) (Modification) Regulations.

PART I
INTERPRETATION

    2. For the purposes of planning and the control of development all buildings and uses of land are arranged in the following use classes–

Use Group A – Dwelling Houses

Use Class:

    (a)    Individual dwelling houses designed for use as dwellings by single families, together with such outbuildings as are normally used therewith, but not including dwelling houses designated for occupation by more than one family, and not including dwelling accommodation built over or attached to commercial, office or industrial buildings of Groups E to M inclusive.

    (b)    Terraced dwelling houses (in blocks of two or more) each dwelling designed for use by a single family, together with such out buildings as are normally used therewith, but not including dwelling accommodation attached to commercial, industrial or office buildings of Groups E to M inclusive.

    (c)    Dwelling houses occupied principally as dwellings, but also used by the occupiers or tenants for professions and occupations and not used in any way as industrial buildings or for the public display or sale of goods or for the storage of bulky equipment or materials, used in the occupier's profession or occupation.

    (d)    Dwelling houses of customary native design constructed of mud brick, mud and wattle fair faced and plastered, rough broken store set in mud, and similar material with permanent roofs, not exceeding six habitable rooms and suitable for occupation by one or more families, or by lodgers, or both.

    (e)    Dwelling houses of customary native design constructed of rough mud and wattle or other shortlived materials, or thatched with grass or palm fronds, not exceeding six habitable rooms and suitable for occupation by one or more families, or by lodgers, or both.

    (f)    Dwelling houses of the type described under Use Class A(d) or A(e) but not more than one room used for retail trade in non-offensive commodities or handicrafts undertaken for profit:

    Provided that–

    (i)    the primary use of the building is for a dwelling house;

    (ii)    the area of the room used for such retail trading or handicraft shall not exceed 120 square feet and the frontage of such room to any street shall not exceed 12 feet.

    (iii)    any handicraft trade undertaken shall be of such a nature as to be inaudible in neighbouring buildings.

Use Group B – Residential Buildings (other than Dwelling Houses).

Use Class:

    (a)    Boarding Houses.

        "boarding house" means any residential building the predominant use of which is to provide accommodation with meals for persons, run as a business undertaking for the purpose of gain or profit.

    (b)    Blocks of flats.

    (c)    Tenements or apartments.

        "Tenement or apartment house" means any building constructed or adapted for residential purposes in which rooms or a number of rooms are let for individual occupation by persons or family units without board.

    (d)    Residential accommodation over or attached to shops and offices, so far as applies to that portion designed for dwelling purposes only.

    (e)    Residential Clubs.

        "Residential Club" means a building occupied by a club or society, the predominant use of which is to provide social and recreational facilities for its members and in which a proportion of not less than one-fifth of the covered floor area is designed or adapted for the purpose of bedrooms for members other than the club's or the society's employees.

    (f)    Convalescent and nursing homes.

Use Group C – Special Residential Buildings

Use Class:

    (a)    Hostels and the residential portion of schools, colleges convents and monasteries.

    (b)    Hospitals, sanatoria and approved homes for mentally defective persons.

    (c)    Residential hostels, public or private, licensed or unlicensed for the sale of intoxicating liquor.

    (d)    Barracks for armed forces or police.

    (e)    Common lodging houses.

        "Common lodging house" means a house in which or in any part of which persons are harboured or lodged for payment for any period in such circumstances that more persons than two, not necessarily being members of the same family, are permitted to occupy a single room, but does not include any such houses or part of a house used solely as a nursing home, hospital, school or similar institution.

Use Group D – Shops.

Use Class:

    (a)    Buildings for retail trade or retail services but excluding cafes or restaurants, bars (licensed or unlicensed for the sale of intoxicating liquor) hairdressers, cleaners and dyers, shops for the sale of uncooked meats, fish or fried fish, retail markets and petrol service stations.

    (b)    Cafes or restaurants.

    (c)    Bars, licensed or unlicensed, for the sale of intoxicating liquor.

    (d)    Hairdressers.

    (e)    Cleaners and dyers.

    (f)    Workshops incidental to the running of the retail trade and attached to the premises thereof, but not exceeding the total floor area of the trade premises.

    (g)    Shops attached to service trade (Use Group M) not exceeding 50 percent of workshop area so far as the portion devoted to retail sales only in concerned.

Use Group E – Special Retail Services

Use Class:

    (a)    Shops for the retail sale of uncooked meat or fish.

    (b)    Shops for the retail sale of fried fish.

    (c)    Retail markets.

Use Group F – Petrol Service Stations

Use Class:

    (a)    Petrol service stations not equipped with facilities for garage or motor repairs.

Use Group G

Use Class:

    (a)    Offices of business or professions not including public offices listed in Use Group H.

Use Group H – Public Buildings and Places of Assembly

Use Class:

    (a)    Art galleries, museums, or exhibition halls, places of worship, meeting houses, public halls.

    (b)    Public bathing and swimming establishments.

    (c)    Central or local government offices.

    (d)    Clinics, health centres, dispensaries, not including animal clinics or dispensaries, and excluding retail pharmacists' shops.

    (e)    Clubs non-residential, community centres.

    (f)    Concert halls, cinemas, theatres, lecture halls gymnasia.

    (g)    Courts of law.

    (h)    Buildings for social service, voluntary or charitable associations.

    (j)    Public libraries.

    (k)    Post Offices, police stations

Use Group J – Special Places of Assembly

Use Class:

    (a)    Billiard saloons, dance halls, skating rinks, amusement halls, fair booths, fun fairs.

    (b)    Athletics grounds, sports grounds, stadia, race courses.

Use Group K – Educational Buildings.

Use Class:

    (a)    Nursery schools.

    (b)    Schools, colleges, training colleges and institutes.

Use Group L – Wholesale and Storage Warehouses

Use Class:

    (a)    Wholesale warehouses designed both for storage of goods and transaction of business (other than retail business) relating to such goods, storage and transit warehouses and godowns (not including storage of offensive goods or materials); furniture repositories, wholesale markets where no retail trade is carried on including, in every case, necessary offices.

Use Group M – Industrial-Service Trades

This Use Group covers–

    (1)    Small-scale industries serving the day to day needs of the local population, which–

        (a)    do not employ machinery or plant which is clearly audible in the street or in neighbouring premises under normal working conditions;

        (b)    do not employ prime movers other than manual or wind-driven machines or electric motors with a maximum individual output of 5 h.p. or a total of 20 h.p.; and

        (c)    are not in any case of such a nature as to be likely to cause nuisance or annoyance to the neighbourhood.

    (2)    Craftsman trades carried on at a scale not sufficient to warrant the provision of a factory. These activities are divided into the following classes–

        Use Class:

        (a)    The manufacture or processing of confectionery, bread and cakes, ice cream, meat pies, sausages and cooked meats, preserves and aerated waters, pasteurising and bottling of milk, processing of cream, refrigerated storage, small scale milling of grains, laundries, book binding, printing of books, posters and newspapers.

        (b)    General light joinery using only scantlings milled or cut from the bulk elsewhere (but not including sawmilling), furniture repairing, upholstering, french polishing, awning, blind and sail making and repairing, workshops for radio mechanics, electricians, plumbers, tinsmiths, coppersmiths and tinkers (but not including panel beating), painters and decorators, sign writers.

        (c)    Motor vehicles light repairs and servicing, bus stations, bus garages, lorry parks, central and local government and public service undertakers; storage yards and depots, solid fuel storage, firewood chopping.

Use Group N – Special Industrial–

    Special industries are industries (including storage) which may be offensive by reason of smoke, noise or fumes, or dangerous by reason of the use and storage of dangerous or inflammable materials, or inimical to public health by reason of vermin or other causes.

    Special industrial buildings include buildings, yards, storehouses and necessary office accommodation used in any of the following processes–

Use Class:

    (a)    Kilns, ovens, furnaces or plant for the burning, calcining, sintering, smelting or converting of ores, minerals or metals (but excluding glass works), plant for milling, crushing, grinding or screening materials; installations for power hammering or power forging of iron and steel, recovery of metals from scrap (but excluding scrap storage yards and crush baling of scrap for shipment), panel beating, chromium plating and galvanizing and dissolution of metals in acid.

    (b)    Industrial processes involving the production or treatment of noxious, offensive or explosive chemicals or gases or compounds thereof. Works which employ such materials in other processes on a scale considered by the Minister to constitute an offensive industry. Works for the production, manufacture, moulding or rolling of glass, vegetable oil extraction, distilling, refining or blending. Soap manufacture using only vegetable oils.

    (c)    Bulk storage of petroleum products and inflammable fuel oils and inflammable or explosive gases; the filling, storage in bulk and dispatch of containers containing such fluids or gases.

    (d)    Storing or processing any form of putrescible, offensive or noxious animal matter, offal, by products or butcher's waste; tanning, leather dressing, hide and skin storage, fish curing or drying (including shark meat and the storage of dried fish in other than refrigerated storage); manufacture of fertilizers from putrescible organic matter; manufacture of soap form animal oils or fats; decortication of sisal (but excluding storage of baled sisal fibre); any trade or process generally similar to the above and likely to be offensive or noxious in any way.

    Proposals to use land or premises for industries under paragraph (b) above will be considered in relation to the size and scale of the development proposed and may, in suitable cases, be regarded as general industrial by special permission of the Minister.

Use Group O – General Industrial.

Use Class:

    (a)    All other industries not included in Use Groups M and N:

    Provided that certain industries enumerated in Use Class N (a) and (b) may be admitted by the Preparatory Authority to this Group if it is satisfied in each individual case that the scale of the industrial process is such that it is not likely to require segregation from general industries:

    Provided further that certain industries of the Group (excluding the production or storage of foodstuffs) may be added to an industry of Use Group N, within the same curtilage, if the developer so requests and if the Preparatory Authority is satisfied that no danger to public health would arise thereby.

Use Group P

    All land and building uses which do not fall within Use Groups A to O inclusive, including those which have special technical requirements in their siting.

    Aerodromes, approved schools, agricultural buildings and buildings essential for the purpose of agriculture excluding housing and labour lines; cemeteries, crematoria, electricity generating stations or substations or transformer stations.

    Pumping stations, water works, sewage disposal works, telephone exchanges buildings or structures connected with wireless, radio or broadcasting; railways and dockyard operational premises, meteorological stations, fire stations, blocks of lock-up garages, public lavatories, prisons, places of detention for mentally defective persons, boarding kennels, animal clinics or dispensaries, small main tenancy depots for large housing estates:

    Provided that this Group shall not constitute a class within the meaning of that word in paragraph (a) of the definition of "development" in section 2 of the Town and Country Planning Act.

PART II
CHANGE OF USE

    3. (1) The making of any change of use of any land or buildings from a purpose within any use class prescribed under the Part I of these Regulations to the use thereof for any other purpose within the same use class shall not be deemed to be "development" as defined in section 2 of the Town and Country Planning Act.

    (2) The making of any change of use of any land or buildings, from a purpose within any use class specified in column 1 of the Table hereto to any other purpose within any use class or classes set out opposite thereto in column 2 of the said Table shall not be deemed to be "development" as defined in section 2 of the Town and Country Planning Act:

    Provided that–

    (i)    in making any such aforesaid change of use, a building or premises shall not be subdivided into two or more separate premises or the subdivisions devoted to two or more separate premises;

    (ii)    no external structural alterations affecting the outward appearance of the building are made.

    (3) The provisions of paragraph (1) of this regulation shall not apply to the making of any change of use of any land or building from any use which is not in conformity with any scheme or scheme in course of preparation or, in the case of subparagraph (2) thereof, to any use which is not in conformity with any scheme or scheme in course of preparation.

    (4) Nothing in these Regulations shall be interpreted as exempting any person who proposes to make a change of use of land or buildings from obtaining any consent or permit required under any Act, Rules or Regulations other than the Town and Country Planning Act and any regulations made thereunder.

TABLE

THE TOWN AND COUNTRY PLANNING (TOWN PLANNING SPACE STANDARDS) REGULATIONS

(Section 78)

G.N. No. 157 of 1997

1.    Citation

    These Regulations may be cited as the Town and Country Planning (Town Planning Space Standards) Regulations.

2.    Interpretation

    In these Regulations–

    "Town Planning Space Standards" include standards for residential areas, building lines and set backs, plot coverage and plot ratio, health facilities, education facilities, recreation facilities, golf course, passive and active recreation, public facilities by planning levels, public facilities by population size, parking and road width and agricultural show grounds.

3.    Functional space

    Adequate and functional space shall be allocated in accordance with the Town Planning Space Standards prescribed in the Schedule to these Regulations.

SCHEDULE
TOWN PLANNING SPACE STANDARDS

1.    Standards for Residential Areas

2.    Minimum Building Lines and Set Backs

3.    Minimum Plot Coverage and Plot Ratio for Detached Houses

4.    Health Facilities

5.    Education Facilities

6.    Recreational Facilities

7.    Golf Course

8.    Passive Recreation

9.    Active Recreation

10.    Public Facilities by Planning Levels

11.    Public Facilities by Population Size

12. Parking Requirements and Limits

13.    Space Standards for Agricultural Show-grounds

THE TOWN AND COUNTRY PLANNING (URBAN FARMING) REGULATIONS

(Section 78)

G.N. No. 215 of 2001

1.    Citation

    These Regulations, may be cited as the Town and Country Planning (Urban Farming) Regulations.

2.    Interpretation

    In these Regulations:

    "urban farming" means the carrying out of plant and animal husbandry activities within the statutory township boundaries as provided in the Schedule.

3.    No right of occupancy

    (a)    No person shall be given a right of occupancy of a parcel of land less than three (3) acres, for urban farming.

    (b)    No person shall operate urban farming involving the use of pesticides along river banks, and all related fragile lands (swampy areas, water sources, steep slopes, etc.) within zone of fifteen (15) metres.

    (c)    No person shall, except where that person practises zero grazing, graze animals in an urban entity.

    (d)    No person shall be allowed to practise intensive agricultural activities within built up areas which are not zoned for agricultural purposes.

4.    Hazardous land gazetted

    Any parcel of land earmarked as hazardous, shall be gazetted and environmentally safeguarded as provided for by Section 7 of the Land Act *.

5.    Promotion

    Agricultural related small-scale industries and informal sectors shall be promoted in urban areas.

6.    Farming activities to be allowed on zoned urban farming

    From the date of coming into effect of these regulations, no farming activity shall be allowed in areas other than those zoned for urban farming, unless it is ensured that the activity does not constitute nuisance in the form of noise, smell or pose physical danger to the public.

7.    Revocation

    [Revokes the Town and Country Planning (Urban Farming) Regulations *.]

SCHEDULE

    (i)    Cultivation of crops including horticulture, viticulture, floriculture, plant stirpiculture including medicinal and cosmetic herbs.

    (ii)    Rearing of animals including cattle, goats, sheep, pigs, poultry, rabbits, horses and animal stirpiculture.

    (iii)    Forestry including arboriculture, silviculture, apiculture and sericulture.

    (iv)    Wildlife keeping including zoos, zoological gardens, menageries, vivaria, terraria, aviculture and aviaries.

    (v)    Aquaculture including pisciculture, fishponds and aquaria.

    (vi)    Serpentaria including snake parks and crocodile farms.

    (vii)    Farm homesteads: the carrying out of any activities in (i) to (vi) in association with residential accommodation.

EXPLANATORY NOTE

{/mprestriction}