Evidence of title to land does not imply development, planning permits - Physical Planner

Ms. Gifty Nyarko, the Sunyani West Municipal Physical Planning Director has called for strict adherence to section 98 (sub-section 1-5), sections 97 and 113 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 the land has been zoned or rezoned for which it is being let or acquired or otherwise disposed of.”

“This legal provision is further reiterated by section 103 sub-section 1-3 of the Local Governance Act, Act 936, 2016 to help solve the rate of uncontrolled and haphazard developments in the country,”

According to her, evidence of title to lands such as Lease, statutory declaration, indentures and allocation notes does not imply development permits and that developers should adhere to Land Use and Spatial Planning Regulations which she is optimistic, would reduce most of the economic, social and environmental problems in the country.

She indicated that people usually assume that once they have evidence of title to land, they have the power to develop without due regard to planning regulations and standards, a practice she urged the public to refrain from it since it’s the Assembly that has the sole authority when it comes to the issuance of development and planning permits but not Chiefs and Landowners.

Ms. Gifty Nyarko attested to the fact that Chiefs are the custodian of land however; the power to develop the land for a specific use is the exclusive mandate of the Assembly but not Chiefs or landowners.

She noted that most of the time, the allocations made by Chiefs and landowners contradict that of the local plans, and attempts by physical planners to explain to prospective developers always result in heated arguments and conflicts.

She, therefore, entreated prospective developers to apply for development and planning permits before the commencement of physical developments and to also adhere to the laid down principles and rules regarding the acquisition of land to help prevent any misunderstanding that might occur between legally mandated land sector institutions and land users.

She disclosed that developers most of the time get frustrated due to the bureaucratic nature of the permitting process even though the new Land Use and Spatial Planning Act, Act 925,2016has simplified the process.

Madam Gifty Nyarko on this note appealed to the various Assemblies to adhere to the new permit flow chart by adhering to the 30 working days mandated duration for permit approval to fast-track the process for applicants. This according to her will go a long way to reduce the rate of uncontrolled and haphazard physical developments in the country.