[Chap3209]CHAPTER 32:09
TOWN AND COUNTRY PLANNING

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title and application

   2.   Interpretation

   3.   Duties of Minister

PART II
Central Administration

   4.   Declaring of planning areas

   5.   Constitution of Town and Country Planning Board

PART III
Development Plans

   6.   Preparation of development plan

   7.   Revision of development plan

   8.   Making of development plan

PART IV
Control of Development of Land and Permission for Development

   9.   Provisions as to development

   10.   Development order

   11.   Planning permission for development

   12.   Decision of Town and Country Planning Board

   13.   Method of applying for planning permission

   14.   Referral of applications to Minister

   15.   Appeals

   16.   Supplementary provisions as to grant of planning permission

   17.   Revocation and modification of planning permission

   18.   Enforcement procedure

   19.   Supplementary provisions as to enforcement

   20.   Penalties, etc., in connection with enforcement notices

   21.   Continued operations of enforcement notice

   22.   Transfer of planning functions

   23.   Trees and woodlands

   24.   Advertisements

   25.   Supplementary provisions as to advertisements

   26.   Injury to amenity

   27.   Special buildings

   28.   Supplementary provisions as to building preservation orders

   29.   Lists of buildings of special architectural or historic interest

   30.   Effect of inclusion of a building in a list under section 29

PART V
Subdivisions

   31.   Prohibition on making subdivisions without consent

   32.   Approval of diagrams and registration of deeds

   33.   Submission of applications

   34.   Consideration of applications

   35.   Appeal to Minister

PART VI
Supplementary

   36.   Powers of entry

   37.   Powers to require information

   38.   Regulations

   39.   Planning permission issued under previous laws

   40.   Temporary provisions pending operation of development plan

   41.   Application to land regulated by other enactments

   42.   Act to bind Government

      First Schedule

      Second Schedule

Act 11, 1977,
S.I. 95, 1980.

An Act to make provision for the orderly and progressive development of land in both Urban and rural areas and to preserve and improve the amenities thereof; for the grant of permission to develop land and for other powers of control over the use of land; and for purposes ancillary to or connected with the matters aforesaid.

[Date of Commencement: 1st August, 1980]

PART I
Preliminary (ss 1-3)

[Ch3209s1]1.   Short title and application

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

   (2) Parts II, III and IV shall apply to the planning areas declared under section 4.

[Ch3209s2]2.   Interpretation

   In this Act, unless the context otherwise requires-

   "advertisement" means any word, letter, model sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction, and, without prejudice to the foregoing, includes any hoarding or similar structure used or adapted for use for the display of advertisements;

   "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land, the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;

   "appointed day" means the day appointed by the Minister for the coming into force of this Act in any planning area;

   "Board" means the Town and Country Planning Board constituted under section 5;

   "building" includes any structure or erection and any part of a building as so defined, but does not include plant or machinery comprised in a building;

   "building operations" includes rebuilding operations, structural alterations of or additions to buildings, and other operations normally undertaken by a person carrying on business as a builder;

   "building or work" includes waste materials, refuse and other matters deposited on land;

   "building preservation order" has the meaning assigned to it under section 27;

   "development" has the meaning assigned to it under section 9;

   "development order" has the meaning assigned to it under section 10;

   "development plan" has the meaning assigned to it under section 6 and includes a plan made under subsection (5) of the said section 6;

   "engineering operations" includes the formation or laying out of roads and of means of access to roads;

   "erection", in relation to buildings, includes extension, alteration and re-erection;

   "land" includes a building;

   "minerals" includes all minerals and substances (including oil and natural gas) in or under land of a kind ordinarily worked for removal by underground or by surface working;

   "owner", in relation to any land, means a person who, in his own right or as agent for any other person, is entitled to receive the rent of the land, or, where the land is not let, would be so entitled if it were let;

   "permission granted for a limited period only" has the meaning assigned to it under section 11;

   "planning area" means an area declared by the Minister under the provisions of section 4;

   "subdivision", in relation to land, means the division of any land (other than buildings) held by one person or held by a number of persons indivisibly into two or more parts, and "subdivide" has a corresponding meaning;

   "tree preservation order" has the meaning assigned to it under section 23;

   "use", in relation to land, does not include the use of land by the carrying out of any building, engineering, mining or other operations thereon.

[Ch3209s3]3.   Duties of Minister

   It shall be the duty of the Minister to secure consistency and continuity in the framing and execution of a comprehensive policy with respect to the use and development of all land in Botswana in accordance with development plans for Botswana prepared in accordance with the provisions of Part III.

PART II
Central Administration (ss 4-5)

[Ch3209s4]4.   Declaring of planning areas

   The Minister may, from time to time, declare, by order published in the Gazette, areas of land in Botswana to be planning areas and the provisions of this Act shall apply to any planning area declared as aforesaid from such date or dates as shall be appointed by the Minister.

[Ch3209s5]5.   Constitution of Town and Country Planning Board

   (1) There is hereby constituted the Town and Country Planning Board.

   (2) The constitution and procedure of the Board shall be in accordance with the First Schedule and the provisions of that Schedule shall have effect with respect to the Board.

   (3) The functions of the Board shall be-

   (a)   to determine (subject to the provisions of section 12) applications for permission to develop land submitted to it under section 10; and

   (b)   to advise the Minister on any matter within its knowledge or on which the Minister may seek its advice and, in particular, on the preparation or revision of development plans under Part III.

PART III
Development Plans (ss 6-8)

[Ch3209s6]6.   Preparation of development plan

   (1) In any planning area the Minister shall, as soon as may be practicable after the appointed day, carry out a survey of the whole of the planning area.

   (2) Not later than two years after the appointed day, or within such extended period as the National Assembly may by resolution allow, the Minister shall prepare in draft a development plan consisting of a report of the survey together with a plan indicating the manner in which he proposes that the land in the planning area may be used (whether by the carrying out thereon of development or otherwise) and the stages by which any such development may be carried out.

   (3) A development plan shall include such maps and such descriptive matter as may be necessary to illustrate the proposals aforesaid with such degree of particularity as may be appropriate to different parts of the planning area; and a development plan may in particular-

   (a)   define the sites of proposed roads, public and other buildings and works, airfields, parks, pleasure grounds, nature reserves and other open spaces; and

   (b)   allocate areas of land for use for agricultural, forestry, mining, water resource, industrial, residential, or other purposes of any class specified in the plan.

   (4) Without prejudice to the provisions of subsection (3), a development plan may make provision for any of the matters mentioned in the Second Schedule.

   (5) At any time before a development plan with respect to the whole of a planning area has been made by the Minister under this section, the Minister may prepare in draft a development plan relating to any part of the planning area, and the foregoing provisions of this section shall apply in relation to any such plan as they apply in relation to a plan relating to the whole of a planning area.

[Ch3209s7]7.   Revision of development plan

   The Minister may at any time prepare proposals for such alterations or additions to any development plan as appear to him to be expedient.

[Ch3209s8]8.   Making of development plan

   (1) The Minister shall, in the course of preparing a development plan relating to any land, or proposals for the revision of any such plan, consult with any local authority in whose district such development plan will have effect and may consult with such other persons, bodies of persons or authorities as he thinks fit.

   (2) Notice shall be published in the Gazette and in one newspaper circulating in the planning area that the Minister has prepared in draft any such plan or proposals for the revision of any such plan, and of the place or places where the copies of such plan or proposals may be inspected by the public.

   (3) If any objection or representation with respect to any such plan or proposals for the revision of any such plan is made in writing to the Minister within one month of the publication of the notice in the Gazette referred to in subsection (2), the Minister shall take into consideration the objection or representation and, having done so, shall make the development plan with or without modification of the draft plan or proposals.

   (4) If, as a result of any objection or representation considered in connection with a development plan or proposals for a revision of such a plan, the Minister is of the opinion that a person, body or authority ought to be consulted before he decides to make the plan either with or without modifications, or to revise the plan, as the case may be, the Minister shall consult that person, body or authority but he shall not be obliged to consult any other person, body or authority or to afford any opportunity for further objections or representations.

   (5) The making by the Minister of a development plan or of proposals for revision of such a plan shall be published in the Gazette and in one newspaper circulating in the planning area and copies of any such plan or proposals as made by the Minister shall be available for inspection by the public.

   (6) A development plan or a revision of a development plan shall become operative on the date of its publication in the Gazette or on such later date as the Minister may determine.

PART IV
Control of Development of Land and Permission for Development (ss 9-30)

[Ch3209s9]9.   Provisions as to development

   (1) Subject to the provisions of this section and to the following provisions of this Act, permission shall be required under this Part for any development of land that is carried out after the appointed day.

   (2) In this Act, except where the context otherwise requires, the expression "development" means the carrying out of building, engineering, mining or other operations in, on, over or under any land or the making of any material change in the use of any buildings or other land:

   Provided that the following operations or uses of land shall not be deemed for the purposes of this Act to involve development of land-

   (i)   the carrying out of works for the maintenance, improvement or other alteration of any building, if the works affect only the interior of the building or do not affect the external appearance of the building;

   (ii)   the carrying out of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for the purpose;

   (iii)   the use of any buildings or other land within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such;

   (iv)   in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Minister under this section, the use thereof for any other purposes of the same class.

   (3) For the purposes of this section-

   (a)   the use of a building resulting in an increase or in a reduction of the number of dwelling units in which the building was previously used involves a material change in the use of the building and of each part thereof which is so used;

   (b)   the deposit of refuse or waste materials on land involves a material change in the use thereof;

   (c)   without prejudice to the provisions of any regulations made under this Act relating to the control of advertisements, the use for the display of advertisement of any external part of a building which is not normally used for that purpose involves a material change in the use of that part of the building.

[Ch3209s10]10.   Development order

   (1) The Minister may, by order published in the Gazette, provide for the grant of permission for the development of land under this Part, and such permission may be granted-

   (a)   in the case of any development specified in any such order, or in the case of development of any class so specified, by that order itself;

   (b)   in any other case, by the Board on an application in that behalf made to it in accordance with the provisions of the order.

   (2) The permission granted by any development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in such order.

[Ch3209s11]11.   Planning permission for development

   (1) Subject to this section and to sections 12, 13 and 14, where an application is made to the Board for permission to develop land, the Board, in dealing with the application, shall have regard to the provisions of the development plan, so far as is material to the application, and to any other material consideration, and-

   (a)   may grant permission, either unconditionally or subject to such conditions as it thinks fit; or

   (b)   may refuse permission.

   (2) Without restricting the generality of subsection (1), conditions may be imposed on the grant of permission to develop land thereunder-

   (a)   for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the Board to be expedient for the purposes of or in connection with the development authorized by the permission;

   (b)   for requiring the removal of any buildings or works authorized by the permission, or the discontinuance of any use of land so authorized, at the expiration of a specified period, and the carrying out of works required for the reinstatement of land at the expiration of that period,

and any permission granted subject to any such condition as is mentioned in paragraph (b) is in this Act referred to as permission granted for a limited period only.

   (3) All decisions of the Board shall be communicated to the Minister forthwith.

[Ch3209s12]12.   Decision of Town and Country Planning Board

   (1) If the decision of the Board on any application made to it under section 11 is a decision which grants permission for the development of land (whether unconditionally or subject to conditions) the operation of the decision shall be suspended for a period of 14 days from the date of the meeting of the board at which the decision was made and during the said period of 14 days the decisions shall be subject to disallowance by order in writing of the Minister.

   (2) If the Minister disallows a decision of the Board he shall state his reasons for so doing in the order disallowing the decision, and any such order shall be recorded in the register required to be kept by the Board under section 13(2).

   (3) The decision of the Minister under this section shall be final and shall not be challenged in any court.

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