Draft Plans Regulations, 1995 (L. N. No. 12 of 1995)

ISSN 0796 - 0271 Supplement "A" tIJ The (;IJm!JiIJ Gazette No. 12of 3TdMay, 1995. 39 Legal Notice No. 12of/995. THE REPIJRUr. GF THE GAMBIA. DRAFT PLANS REGULATIONS, 1995 Regulation: Arrangement of Regulations PRELIMINARY 1. Short title 2. Interpretation PART I FORM AND CONTENT OF DRAFT DEVELOPMENT PLANS 3. Title of Draft Development Plan 4. Draft Development Plan and proposals ~ap 5. Written statement Development Plan of Draft PA.RT II FORM AND CONTENT OF DRAFT LOCAL PLANS 6. Title and name ot Draft Local Plans 7. Draft Local Plan to show existing landuse map 8. Draft Local Proposals Map Plan to contain 9. Written statement of a Draft Local Plan SCHEDULE I StHEDULE II SCHEDULE III Short title ~HYSICAL PLANNING "AND DEVELOPHEHT CONTROL ACT. 1991 DRAFT PLANS REGULATIONSA,1995 (Made under section 39) PRELIMINARY 1. These regulations may he cited as the Draft Plans Regulati~, 1995. Interpretation 2 . In these regulations context otherwise requires, unless the "Existing Uses" means all the uses as existing in an area on the date of approval of Draft Develepment Plans or Draft Local Plans and depicted in the Existing Landuse Map or in the Written Statement; "Existing Landuse Map" means the map depicting the existing uses of the area covered by the Draft Local Plan; "infrastructure" means the network and appurtenances related to roads, highways, waterways, ports, landing strips, airports, dra i.naqe , water supply, sewerage, energy supply, communication, waste collection and disposal to be provided in an area covered by a Draft Local Plan; . "Landuse Zones and Codes" shall have the same meaning as defined in the Landuse Regulations, 1995; "Plan" refers to Draft Development Plan or Draft Local Plan, as the case may be; and "plan period" means the period starting from the date of approval of the Draft Development Plan to the end of the year projected by the Plan as indicated in the title of t.he Proposals Map of a Draft Development Plan. PART I FORM AND CONTENT OF D~FT DEVELOPMENT PLANS Title to Draft Development Plan 3. A Draft Development Plan shall be given a title which shall include the name of the area covered by the Plan and each map or document contained in or accom .ranying1the Draft Development Plan shall bear the title of the Plan. Draft Development Plan and Proposals Map 4. (1) The Draft Development Plan shall con tain a Proposals Map which shall in gene ral indicate the proposed landuse classes, traffic and transportation routes, community facilities and utilities as conceived or recommended by the Plan for the plan period. (2) Notwithstanding sub regulation (1), (1) the Proposals Map shall indicate (a) the boundaries of the planning area or of the area covered by the Draft Development Plan,' ~) proposed residential, commercial, industrial and public areas in their appropriate landuse classes; (c) existing and proposed location of social amenities such as schools, health, religious and recreation facilities with their appropriate codes indicated thereon,' (d) proposed transportation and communication network and areas earmarked for their facilities,' (e) proposed utility services net works and areas reserved for their needs,' (f) areas reserved for agricul't!ure and forestry,· (g) special areas earmarked for tourism, mining and quarrying, green bel ts and pro tected reserveSi and (h) other open land and wa ter areas . (3) The Proposals Map shall be drawn on an up-dated base map which shall give as much physical and topographical information as reasonably can be shown to the scale of such a map (4) The title of the Proposals Map shall also indicate the end year of the plan period by sUffixing the end year at the title. (5) The Proposals Map shall adopt the landuse classes and codes specified in the Landuse Regulations, 1995 and indicate in the legend those classes and codes and how. they are presented in the map. (6) The legend to the Proposals Map shall, in addition to the particulars mentioned in sub regulation (5), show such other details as indicated in Form 1 of Schedule II. (7) The Proposals Map of the Draft Development Plan may be presented in colours or black and white adopting the specified notations shown in Schedule I. (8) The Proposals Map of an approved Draft Development Plan shall be countersigned by the Chairman and Secretary of the Board and the Minister in the format indicated in Form 1 of Schedule II. Written statement of Draft Development Plan 5. (1) The written statement of the Draft Development Plan shall contain an analysis of the existing conditions of the planning area or the area to be covered by the Draft Development Plan and broad policies and guidelines for the development of that area within the framework of the national plan and divisional plan, if such plans exist. (2) Notwithstanding subregulation (1), the written statement of the Draft Development Plan may contain (a) a uescription of the location and general physical characteristics of the area; (b) the role and importance of the area in the national and regional cpntext; (c) the demographic and socio economic characteristiGS of the population and its growth trends; (d) the economic activities of the area and their future potential; (e) the existing landuse classes, their characteristics and problems; "(f) the existing and future needs of social facilities; (q) the existing transportation and communication and their inadequacies, if any; (h) the existing and future needs of utilities; (i) the alternative physical development strategies and their evaluation; (j) a recommended physical develop ment strategy; (k ) a proposed landuse plan and its main features; (1) the policies! guidelines and phasing for implementation and moni toring of the Draft Development Plan,. and (m) a proposal on the need for drafting local plans and action area plans. (3) The text of the written statement of the Draft Development Plan shall suffi ciently explain the matters mentioned in subregulations (1) and (2) and shall contain the necessary diagrams, charts, tables and illustrations to support the statements in the text. (~) The written statement accompanying an Approved Development Plan shall be countersigned by the Chairman and Secretary of the Board and the Minister in the formrtt indicated in Form 1 of Schedule III. PART II FORM AND CONTENT OF DRAFT LOCAL PLANS Title and name of Draft Local Plan 6. (1) A Draft Local Plan shall be given a title which shall include an indication of the area to which the plan- relates and any name 'given to the particular plan by virtue of sub-regulation (2) , and there shall be stated separately from the title the name of the Planning Authority which authorised the pteparation of the plan, and each document contained in or accompanying the local plan shall bear the title of the plan. (2) A Draft Local Plan shall be given the name Draft Local Plan to show existing landuse map (a) "Layout Plan", if such a plan indicates detailed boundaries of plots of lands for all or most of the uses in an area to be demarcated; (b) "Action Area Plan", if the Draft Local Plan is fdr an action area so indicated in the Draft Development Plan; or (c) of any subject to which the Local Plan relates 7. (1) A Draft Local Plan shall show. an Existin~ Landuse Map which shall, in sufficient detail, indicate all existing uses in the area covered by the Draft Local Plan as on the date of approval of the Plan, but an Existing Landuse Map need not be shown if the existing Landuse can be sufficiently described within the written statement. (2) Notwithstanding subregulation (l) the Existing Landuse Map may indicate (a) the boundaries of the area covered by the Draft Local Plani (b) the existing buildings, structures and boundaries of properties and their uses,. (e) the existing social amenities; (d) the existing wooded areas, forests, areas of cultivation and other open land; te) the low lying areas, swamps, drainage courses and water bodies (f) the existing roads, txeck«, footpaths and any other transportation and communication facilities; Draft Local Plan to contain Proposals Map (g) the existing utili ties services networks, it: any; and (h) the existing mines, quarries, dumping sites, protected reserves, buffer zones and green belts. (3) The Existing Landuse Map of the Draft Local Plan shall be drawn on an updated base map which shall give as much physical and topographical information as can reasonably be shown to the scale of such a map. (4) The Exis t ing Landuse Map of a Draf t Local Plan shall adopt the landuse zones and codes specified in the Landuse Regula tions, i995 and the legend of that map shall indicate how they are presented in the map. (5) The legend to the Existing Landuse Map of a Draft Local Plan shall, in addition t o' the particulars mentioned in sub regulation (4), show the details indicated in Form 2 of Schedule II. (6) The Existing Landuse Map of a Draft Local Plan may be presented in colours or black and,white, adopt~ng the specified notations shown in Schedule I. (7) The Exis ting Landuse Map of an Approved Local Plan shall be countersigned by the Chairman and Secretary of the Planning Authority and the Minister in the format indicated in Form 2 of S,chedule II. 8. (1) A Draft Local Plan prepared for any area as specified in regulation 6 shall contain Proposals Map which shall indicate the manner in which the area covered by the Plan shall be developed within a specified period of time. (2) Notwithstanding subregulation (1), the Proposals Map of a Draft Local Plan mayl contain a) the boundaries of the area covered by the local plan; b) tIle area for residential, i ndue cri s.l., commercial and institutional purposes possibly subdivided into suitable plots of land; c) the sites for social amenities such as schools, health, religious and recreational facilities; d) the roads and other transportation and communication networks and sites for their facilities; e) the utility services network and sites reserved for its facilities; f) the sites, if any, for agriculture and forestry; g) the sites, if any, for special uses for tourism, mining and quarrying, green bel ts and protected reserves; h) other open land and water areas; i) the existing as well uS proposed major trees, and proposed land scaping measures such as renaturation programmes; and j) the intensity of development indi cated by plot and floor ratios, and the number of storeys permi tted for different parts of the area. (3) The Proposals Map of the Local Plan shall be drawn on an updated base map which shall give as much physical and topographical information as reasonably can be shown to the scale of such a map (4) The Proposals Map shall adopt the land use zones and codes as well as the ipten sity of development. permitted in the Landuse Regulatidns, 1995 and indicate in the legend those zones and codes and how they are presented in the map Written statement ::;-f a Draft Local Plan 5 The legend to the Proposals Map shall, i a) in addition to' the particulars merit ioned in subregulation (4) , show the details indicated in Form 1 of 2chedule II· (b) be presented in colours or or black and white, adopting the specified notations in Schedule I. The Proposals Map of an Approved Local Plan shall be countersigned by the Chair man and the Secretary of the Planning .::.uthority and the Minister in the format .indicated in Form 2 of Schedule II. The written statement of a Draft Local Plan shall contain a brief description of the existing conditions of the area ~o~ered by the Draft Local Plan and de tailed pr~posals for the development of that area within the framework of the ph~sical development plan covering that a l~ea . Notwithstanding subregulation \1!, the written statement of a Draft Local Plan shall contain fa) a description of the location and the general physical characteristics of the area covered bv the Draft Local Plant" (bJ the existing developments such as propex c i ee and buildings, roads a~d other cransportation and ccrnnm i ce t i on net.wor):s services such as wa t e r supply, electricity and s ewe re.qe facili t i ee , Ie! the development plan proposals for the area, if any; (dl an estimation of SDace requirerr:ento workeci out for various needs of the area, especially for public amenities: (e) a description of the basic concept of the Plan; (f) a detailed local plan proposals as contained in the Proposals Map; (g) a phasing of the local plan, if such phasing is found necessary; (h) the preliminary cost estimates of in frastructural works reauired for full or partial implementation of the local plan,· and (i) the appendices including a checklist ot consultations undertaken for the preparation of the local plan. (3) The written s t e c emerit. or the Draft Local Plan shall ,sufficiently explain the matters mentioned in sUbregulations (1) and (2) and may contain the necessary diagrams, charts, tables and illustrations to support the statements in the text. (4) The written statement accompanying the approved Draft Local Plan shall be countersigned by the Chairman and Secretary of the Planning Authority and the Minister in t.he format indicated in Form 2 of Schedule III. SCHEDULE :r NOTATIONS TO BE USED IN EXISTING LANDUSE MAPS AND PROPOSALS MAPS Landuse Class and Landuse Zone Codes (Mandatory) Black « White (Optional) Colours (Optional) .Business and.Commercial CU Dark Red Red Light Red Oranqe Medium Dark Light Grey Light Grey Dark Grey Dark Grey with black stripes I I ['\ll'~l': Residential Predorninantly Residential Residential village p~.f' i dent i a l Industrial Centra] Business & CommercialD:C] Neighbourhood Business and Commercial Sma Ll Scale ; Industr-ial Medium Scale Industrial Heavy Industrial Pink Light Pink Dark pink Light Brown .lnark Brown [U CRill [ill [I:J ITIJ C1E CIT] I THI I TAl DO I UEI Qlli] I usl & Disposal I UR] Social Amenit1.es Public Administration Utilities· Services Electricity Water Supply Sewerage Refuse Collection 5. 4. Public Area 5. Transportation & Communication Parking Bus Terminal. Ferry Termlnal Harbours and Ports Airport Landuse Class and Landuse Zone Codes (Mandatory) Black and White (Optional) Colours (Optional) 7. Open Land N:J Green Green Area [QQ] f:'i!:::~:-.~:,:::~~I Light Green Agriculture [QA] 1:-:-:-:-:-:->1 " " Forests [Q£] ttoutl . Dark Khaki Scrubs [QS] ~Light Khaki Vacant cmo Beaches QI] Yellowish Brown 8. Special Areas I~T I }Tourism }Light Violet Mining and Quarryinf [£1] } Green Belts & Buffe Zones [EJ Dark Green Protected Reserves []]J Dark Green Cemetery' [K] " " 9. Water Areas GL::J Blue Water Bodies ~ Dark ,blue Swamps & Flooded Areas ~ E-- -"'-3 Greenish Blue Note: i) Other Notations of developpement SCHEDULE II FORM 1 AUTHENTICATION ~F EXISTING LANDUSE MAP AND PROPOSALS MAP OF DEVELOPMENT PLANS The Planning Board has authorised the The Draft Development Draft Development Plan comprising the Plan comprising the Proposals Map, and Written Statement Proposals Map and the for Public Exhibition on: Written Statement has been pUblicly exhibited from: Sgd: Chairman, Planning Board Sgd: Secretary, Planning Board After considering all the Objections The Draft Development and observations made during the Plan has been approved exhibition period the Planning Board "by the Cabinet on: has endorsed the Draft Development Plan on: and its operative date is: Sgd: Chairman; Planning Board Sgd: "Minister for Local Government and Lands .~ SCALI , u 1 2 3 4KMS . II 11111"11 I I I I MINISTRY FOR LOCAL GOVERNMENT AND LANDS DEPARTMENT OF PHYSICAL PLANNING AND HOUSING Drawing No. Date: Ref. No. Drawn by: Supervised by: Checked by: FORM 2 AUTHENTICATION OF EXISTING LANDUSE MAP AND PROPOSALS MAP OF LOCAL' PLANS The Planning Authority has The Draft Local Plan authorised the Draft Local comprising the Existing Plan comprising the Existing Landuse Map, Proposals Map and Landuse Map, Proposals Map, the Written Statement has been and Written Statement for pUblicly exhibited from: Public Exhibition on: Sgd: Chairman, Planning Sgd: Secretary, Planning Aut]:1ority Authority After considering all the The Draft Local Plan has been objections and observations approved by the Cabinet on: made during the exhibition and period the Planning Authority its operative date is: has endorsed the Draft Local Plan on: Sgd: Chairtnan, Planning Sgd: Minister for Local Authority Government and Lands SCALE II ~ 1 0 1 2 3 4KMS .111111 IIIII I I ,- I MINISTRY FOR LOCAL GOVERNMENT AND LANDS DEPARTMENT OF PHYSICAL PLANNING AND. HOUSING Drawing No. Date: Ref. No. II Drawn by: Supervised. by: Checked by; CHEDtJ1,E III FORM 1 . AUTHENTICATION OF WRITTEN STATQiNT OF DEVELOegJ!TPLAN The Planning Board has endorsed the Written Statement of the Draft Development Plan on: ~ ~ .. .. " .. .. .. .. .. .. .. ,..... .. .. .. .. ...... ...... " .. ,. .. .. ...... .. ." Sgd: Chairrr.an, Planning. Board Date ~ ~ .. .. .. .. .. .. .. .. .. .. .. -~ .. ..' .. Sgd: Secretar¥t,pianning Board . Date: The Written Statement-of the Draft Development Plan has been approved by the Cabinet on: . and the opexat.Lvedate of th,.eApproyed .Planis: Sgd: Minister for LbcalGovernment and Lands Date: FORM 2 AUTHENTICATION OF WRITTEN STATEMENT OF LOCAL PLANS The Planning Authority has endorsed the written Statement of the Draft Local Plan/on:-----..,.. Sgd: Chairman, Planning Authority Date: Sgd: Secretary, Planning Authority Date: , The Written st.atement of the Draft Local Plan has been approved by the Cabinet on: and t operative date of the Approved Plan,is:, " -..,.. Sgd: Minister fGr Local Government and Lands Da t.e e: MADE TIUS9TH DAYOFFEBRnARY~ 1995 Cpt. YANKUBA TOURAY Minister for Local Government and Lands