By Christopher Tetteh
Sunyani, (Bono), July 16, GNA – The Local Government Service Association of Physical Planners (LoGSAPP) has reminded Metropolitan, Municipal and District Assemblies (MMDAs) that re-zoning public space for development purposes requires parliamentary approval.
“It’s a mandatory parliamentary requirement for any public space to be rezoned or changed for other development purposes”, the association said.
The reminder was contained in a statement issued and signed Mrs. Gifty Nyarko, the Head of the Physical Planning Department of the Nkoranza South Municipal Assembly and National President of LoGSAPP.
The Land Use and Spatial Planning Act, 2016 (Act 925) defines public space as a generally open area accessible to the public like resource lands, urban utility spaces, riparian buffer zones, natural park areas, forests, urban parks, recreational areas, infrastructure rights of way, and areas of cultural or historical interests.
A copy of the statement made available to the Ghana News Agency (GNA) in Sunyani emphasised that without parliamentary approval no Assembly could rezone or change public spaces for other purposes.
It reminded the MMDAs, traditional authorities, landowners, estate developers and physical planners and the general public that: “public spaces are not lands that may be freely allocated, sold, leased, converted or developed without complying with the law”.
The statement noted that, the definition of public space resonates that public spaces are’’ legally protected lands reserved for the benefit of society, environmental sustainability and future generations.”
It said added, that, “once an area is lawfully designated as a public space in an approved Structure Plan or Local Plan in accordance with the Land Use and Spatial Planning Act, 2016 (Act 925), and the applicable legal requirements have been satisfied, that space is reserved for public use and benefit.”
The statement cautioned that whether the land was a state, public or stool, vested, family or private land, such public spaces were held by the MMDAs in trust of the public.
In that regard, it cautioned, that, “No person or institution may lawfully allocate, sell, lease, develop, rezone or change their use except in accordance with the law.”
The statement explained that the District Spatial Planning Committee considered applications for change of use or rezoning under Section 93 of Act 925.
However, where the application relates to the change of use or rezoning of a public space, parliamentary approval is mandatory.
It said, “The mandatory parliamentary approval requirement applies regardless of the original ownership of the land, whether the land is originally state, stool, vested, family or private land private land.”
Once it has been lawfully designated as a public space under an approved structure plan or local plan, any proposal to rezone or change its use must first obtain Parliamentary approval in accordance with Section 93(4) of Act 925.
The statement cautioned that no chief, family head, landowner, developer, physical planner or the District Spatial Planning Committee and Spatial Planning Authority as well as the MMDAs had the legal authority to approve or authorize the rezoning of public space.
It called on all stakeholders to uphold the rule of law, respect approved spatial plans, protect public spaces from unlawful encroachment and conversion.
That will ensure that the nation’s spatial planning system was well ordered, sustainable and resilient.
GNA
Edited by Dennis Peprah/Benjamin Mensah
Reporter: Christopher Tetteh
Reporter’s email address: [email protected]