Public reminded to adhere to Land Use and Spatial Planning regulations

The Sunyani West Municipal Director of Physical Planning, Ms Gifty Nyarko says the possession of land titles such as lease, title deeds, statutory declarations, indentures and allocation notes does not imply that a person is permitted to put up any structures on the land.

She noted that they are not planning and development permits.

She is therefore calling for strict adherence to Section 96 (Sub Sections 1-5), Sections 97 and 113 of the Land Use and Spatial Planning Act, Act 925 (2016) when developing land for any purpose.

“Most of the time, the public assumes that as they have evidence of title to land and so they have the power to develop without due regards to planning regulations and standards. Chiefs are the custodian of land, (holders of allodial title to land). However, the power to develop land into a specific use is the exclusive and legal mandate of the Assembly not Chiefs or land owners,” she stated.

She indicated that the assembly is the sole body authorized by the constitution to issue development and planning permits and not chiefs or land owners.

Land acquisition

Ms Nyarko entreated prospective developers to apply for development and planning permits prior to the commencement of physical development projects and to also adhere to the laid down principles and rules regarding the acquisition of land.

She stressed that this would help prevent any misunderstanding that might occur between legally mandated land sector institutions and land users.

This, according to her, remains the surest way to reduce the uncontrolled and haphazard physical developments in the country and facilitate a harmonious environment for land owners, developers and spatial development planning officials.

“Before any person disposes of land, the person should comply with the regulations of Section 96 (sub Section 1-4) of the Land Use and Spatial Planning Act, Act 925 2016, which stipulates that "a person shall not dispose of land or property to a prospective buyer unless that person demonstrates to the prospective buyer that the land or property has been zoned or rezoned for the purpose for which it is being let or acquired or otherwise disposed of”, she said.

She added that this legal provision is further reiterated by Section 103, (sub section 1-3) of the Local Governance Act, Act 936 of 2016 to help solve the rate of uncontrolled and haphazard physical developments in the country,

Ms. Nyarko was optimistic that complying with the provisions of the Act would drastically reduce most of the social, economic and environmental problems in the country.