LoGSAPP demands parliamentary approval before rezoning public spaces

The Local Government Service Association of Physical Planners (LoGSAPP) has reminded Metropolitan, Municipal and District Assemblies (MMDAs), traditional authorities, landowners, developers, physical planners and the general public that public spaces cannot be allocated, sold, leased, rezoned or developed without complying with the law.

In a statement signed by its National President, Planner Gifty Nyarko, the Association stressed that Parliamentary approval is a mandatory legal requirement before any public space can be rezoned or its designated use changed.

"No Parliamentary approval, no rezoning or change of use of a public space," the statement emphasised.

Legal framework
Planner Nyarko, who also heads the Physical Planning Department of the Nkoranza South Municipal Assembly, said the requirement is clearly stipulated under Section 93(4) of the Land Use and Spatial Planning Act, 2016 (Act 925).

The Association explained that Act 925 defines public space as any open area accessible to and used by the public, including resource lands, urban utility spaces, riparian buffer zones, natural parks, forests, recreational areas, infrastructure rights of way, and sites of cultural or historical importance.

According to LoGSAPP, once land has been lawfully designated as a public space in an approved Structure Plan or Local Plan, it is reserved for public use and benefit, irrespective of whether it was originally state, stool, vested, family or privately-owned land.

Parliamentary approval
The statement noted that although District Spatial Planning Committees are empowered to consider rezoning and change-of-use applications under Section 93 of Act 925, any application involving a public space must first receive Parliamentary approval.

It stressed that no chief, family head, landowner, developer, Physical Planner, District Spatial Planning Committee, Spatial Planning Authority, MMDA or any other person or institution has the legal authority to approve or effect the rezoning or change of use of a public space without Parliament's approval.

LoGSAPP warned that any rezoning or change of use undertaken in contravention of Section 93(4) of Act 925 could be declared unlawful, null and void by a court of competent jurisdiction.

The Association called on all stakeholders to uphold the law, respect approved spatial plans, protect public spaces from unlawful encroachment and conversion, and support sustainable, orderly and resilient urban development for the benefit of present and future generations.