MMDAs no longer to issue building permits

The Head of the Physical Planning Department of the Sunyani West Municipal Assembly, Ms Gifty Nyarko, says Metropolitan, Municipal and District Assemblies (MMDAs) are no more to issue building permits to prospective land developers.

According to her, the Land Use and Spatial Planning Regulations, Regulation 2019 of Legislative Instrument (LI 2384) indicates that the MMDAs are rather required to issue development and planning permits, and not building permit as cited in regulation 43(1).

She stated that Section 113 of the Land Use and Spatial Planning Act, Act 925 of 2016 also stipulates that a person shall not undertake any physical development on land in a District unless with written permission from the district in which the land is situated.

According to her, Section 117 also emphasized that a person shall not carry out physical development within this country unless that development is carried out in accordance with a permit issued under the Land Use and Spatial Planning Act, Act 925 of 2016.

Permits
In an interview at Odomase near Sunyani, Ms Nyarko indicated that the Land Use and Spatial Planning Authority of the District Assembly is the authorized body to prescribe levels of permit a District Assembly can issue, as stated in Section 113, Sub-section 2 of the above Act.

She observed the LI demands that the application shall be accompanied by four sets each (a site plan to the scale of 1:2500 and conforming to the local plan of the area, a block plan to the scale of 1:100 or 1:200 depending on the scale of development, architectural drawing on the scale of 1:20 or 1:40, structural drawings to the scale of 1:20 or 1:40, evidence of a right or authorization to use the land in accordance with the laws of the country.

The LI, she added, further requires a report on stakeholder consultation, where applicable, reports relating to air or aviation safety, radiation protection, environmental protection, fire safety, petroleum operation, standard verification, traffic impact, geo-technical impact, hydrological impact and structural impact.

Procedures
Regarding Regulation 43 (3&4) of the LI 2384, Planner Nyarko was of the view that one of the key issues of haphazard development is inadequate access to reliable information on permitting procedures.

“To curb this menace, Regulation 43 (3&4) states that the District Planning Authority shall through the appropriate medium make available the procedure requirement and general information for securing a planning and development permits”, she said.

This, according to her, shall include Physical Planning Department; Public Data Room of the Assembly; Notice board at the assembly and community; leaflets and posters in designated offices; websites; community durbars; radio and television programmes and newspapers.

She further stated that even though the LI 2384 has specified the form of the development permit application Form 43A and Form 42 for planning permit of the schedule, MMDAs must use them to grant permits but most Assemblies are still using the obsolete LI1630 forms (jacket) of building permit to grant permit for developers which of course have no effect and no legal basis.

She stated all MMDAs who are still using the old jacket and other documents in granting permits which is in contravention with the provision of Act 925 and LI 2384 are advised to desist from this practice since it is illegal and has no effect.

Planner Nyarko cautioned any developer who applies to the Assembly for a physical development permit and the Assembly issues the building permit should not accept it "because it is illegal."

She advised the MMDAs to adhere to the provisions of the Act by stopping issuing building permits. She urges them to issue development permits or planning permits depending on the type of development to foster orderly development.