Town and Country Planning (Development) (Amendment) Regulations, 1993 (L.N. No. 111 of 1993)

LEGAL NOTICE NO. 111 OF 1993 Town and Country Planning (Development) (Amendment) Regulations, 1993 In exercise of the powers conferred on me by section 10(1) and 11(5) of the Town and Country Planning Act 1980', I, LESAO LEHOHLA Minister of Home Affairs make the following regulations Short title and commencement 1. These Regulations may be cited as the Town and Country Planning (Development) (Amendment) Regulations 1993 and shall come into operation on the date of publication in the Gazette. Title 2. The principal Regulations-are amended by omitting " order" appearing in the title and inserting "Regulations". Arrangement of sections 3. The principal Regulations are amended by omitting "SECTIONS" appearing immediately below the title and inserting "REGULATIONS" . Schedules 4. The principal Regulations are amended by omitting " TP 15" and inserting "TP 12" under schedules appearing in the Arrangement of Sections. Enabling provision 5. The principal Regulations are amended in the enablingprovision " Order and inserting "REGULATIONS". Citation and commencement 6. Regulation 1 of the principal Regulations is amended by (a) omitting "THIS" and inserting 'THESE" and (b) omitting "Order" wherever it appears and inserting " Regulations"; Applications of Order 7. Regulation 2 of the principal Regulations is amended by omitting "Order" and inserting "Regulations". biterpretatlon • 8. Regulatioins 3 of the principal Regulations is amended (a) by omitting "In this Order" and inserting " In these Regulations," and (b) in the definition of "outline planning permission" by (i) by omitting "addtion" and inserting "addition"; and (ii) omitting "condtions" and inserting "conditions ." . Permitted development 9. Regulation 5 of the principal Regulations is amended (a) in sub-regulation (1) by omitting "section" and inserting "regulation' ' ; , (b) in sub-regulation (2) by (i) omitting " this Order" and inserting "these Regulations"; and (ii)omitting "condtions" and inserting "conditions"; and (c) in sub-regulation (3) by (i) omitting "section" and inserting "Regulation". and (ii)omitting "cotrary" and inserting " contrary". Directions restricting permitted development 10. Regulation 6 of the principal Regulations is amended by omitting "section" and "subsections" wherever they appear and inserting "regulations" and "sub-regulation" respectively. 11. Regulation 7 of the principal Regulations is amended by omitting "section" and "subsection" wherever they appear and inserting "regulation" and "sub-regulation" respectively. General Provisions relating to applications 12. Regulation 8 of the principal Regulations is amended (a) in sub-regulation (I) by (i) by omitting "any section of this Order" and inserting "these regulations" ; (ii)inserting "or Council" between "Authority" and "shall" ; (iii) inserting "or Council" bewteen " Authority" and "will" in paragraph (b); (iv) omitting "or refer it for decisionto a Council" in paragraph(b); (v) omitting "if the matter dealt with by the Planning Authority" in paragraph (c); (b) by repealing sub-regulation (2); (c) in sub-regulation (3) by (i) omitting "subsection" and inserting "sub-regulation" wherever they appear; (ii)omitting " (4)" and inserting " (3)"; and (iii) omitting " 42 days" and inserting " 2 months"; (d) in sub-regulation (4) by omitting "subsection" and inserting "sub-regulation" ; (e) in sub-regulation (5) by (i) omitting "the" between "within" and "period" and inserting "a" in paragraph (a); (ii) omitting " 6" and inserting "2" in sub-paragrph (a); (iii) omitting "subsection" and inserting "sub-regulation" wherever it appears in paragraph (b); (iv) omirting " (3)" and inserting "6" in paragraph (b); (f) in subregulation (7) by inserting " or reserved matters " between "permission" and "stating" . Directions to a Council 13. Regulation 9 of the principal Rgulations is amended by omitting "section" and "subsection" and inserting "regulation" and "sub-regulation" respectively . Appeals 14. Regulation 10 of the principal Regulation is amended (a) in sub-regulation (1) by (i) inserting " or council" bewteen " Authority" and "to" in paragraph (b) ; and (ii) omitting "from Tn or Form TP3" and inserting " Form TP7"; (b) in sub-regulation 2 by omitting " of ' between " Authority" and "council" and inserting "or"; (c) in sub-regulation (3) by (i) omitting "section" and "subsection" and inserting "regulation" and "sub-regulation" respectively; (ii) omiting " or (2) (b)" between " (c)" and "or" in paragraph (b). Register of Applications 15. Regulation 11 of the principal Regulations is amended (a) in sub-regulation (5) by (i) omitting "idex" and inserting "index"; and (ii) omitting "reference" and inserting "referenced" ; (b) omitting "subsection" wherever it appears and inserting "sub-regulation" . • Register of directions to Council 16. Section 13 of the principal Regulations is amended by omitting "section" and inserting "regulation" Schedules 17. (l) The First Schedule to the principal Regulations is amended by omitting " section" wherever it appears and inserting " regulation" . (2) Any reference to the principal Regulations as " the Orde r" in the Schedules shall be construed as reference to " these regulations. " L. Lehohla, Minister of Home Affairs. SECOND SCHEDULE (REGULATION 7) T.P. STANDARD FORMS FORM T.P. 1 T.P. 2 T.P. 3 T.P. 4 T.P. 5 T.P. 6 T.P . 7 T.P. 8 T.P. 9 R.P.IO T.P. 11 T.P . 12 Application for planning permission. Application form for outline planning permission. Application form for approval of Reserved Matters. Standard letter of notification of receipt of application. Standard letter requesting further information on receipt of an application. Standard letter to applicant requesting an extension of time . Form of Notice of appeal to the Minister. Notice of grant of planning permission. Notice of grant of outline planning permission. Notice of approval of "reserved matters ". Notice of refusal of planning permission. Notice of refusal of reserved matters. FORM T.P.I Name of Applicant Nature of proposed development If the land has a plot or site number and is in an urhan area supply Application, Agent and Title details Estimated costs APPLICATION FOR PLANNING PERMISSION SECOND SCHEDULE (REGULATION 7 [2] FOR OFFICIAL USE ONLY Application No . Received on .. GOVERNMENT OF LESOTHO MINISTRY OF HOME AFFAIRS To the Planning Authority, P.O. Box 876, Maseru 100. (I) IlWe/The . here~y . make application for planning permIssIOn for . ............................................................ in accordance with the particulars given in this Form, and with the plans which accompany application. Signature of applicant or agent .. Date . The description of the land to be developed is (2) . (3) Particulars of applicant (IN BLOCK LETTERS) Surname Mr/Mrs/Miss . Other Names . Postal Address . The applicant's right to the land are held under the following title .. Particulars of agent (if any ) acting on applicants behalf Name . Postal Address .. Telephone No .. (4) It is estimated that the total cost of any works to be carried out is M . Brief details to com firm enclosures submitted with application Materials Access Mark boxes as appropriate Water, Mark boxes as appropriate Sewerage, Mark box as appropriate (5) The plans, drawings, documents and statements listed below are attached (in tripli cate) in support of this application . (6) If building operatio ns are proposed give description of materials including the finishes and colours to be used in the construction of: (a) Outside walls . (b) Roof covering . (c) Boundary walls or fences . (7) Methods of existing, improved or proposed means of access to and from adjoining road: access exists and is not proposed to be altered new or improved pedestrian access proposed new or improved access proposed (New or improved, as wellas existing access, to be shown on the submitted plan) (8) Water supply into building: public pipes into the building public pipes to standpipes within site other sources, specified as . water supply is already provided and is to be extended to new buildings (Existing and proposed facilities to be shown on the submitted plan) (9) Sewerage is to be disposed of as follows: direct to sewerage mains which exist into a conservancy tank into septic tank other (e.g. improved pit latrines), specified as (Existing and proposed facilities to be shown on the submitted plan) Electricity, Mark box (10) Electricity connection: as appropriate Connection is to be made as shown on the submitted plan no connection will be made at the present time Enlargements (11) In the case of proposed rebuilding, enlargment, improvement or other alterations to any building, please supply the following information: (a) Approximate year of construction of existing building (Before 19..... is sufficient, if applicable) (b) If the building has been enlarged in any way since 1980, the year the enlargement was completed: B not enlarged enlargement on (All enlargements since 1980 are to be clearly shown In colour or otherwise on the submitted plan) (c) The estimated cubic content of the building as it stood on 1980 was .. • (d) The estimated cubic content of enlargement since 19... .. excluding the present application is Temporary consent Further information (12) In the case of permission, consent or approval required for a limited period of time, the period for which permission is requested is.... Additional information in support of the applications: Building permits Note: The grant of planning permission, consent or approval does not authorise the applic ant to commence building operations unless a building permit has also been obtained. NOTES FOR THE GUIDANCE OF APPLICANT TO FORM TPI Applicants are asked to study these Notes carefully to ensure that all necessary particulars and plans are submitted Application in triplicate I. Three copies of this application and all plans must be submitted, in triplicate and each copy must be clear and intelligible, with each copy signed by the applicant or by his agent or architect. Site or Location plan 2. The site or Location Plan must be to a scale of not less than 1 to 2500 where available mapping is at this scale, or to such other suitable scale as may be available, being I to 5000 or not less than I to 10,000. Where possible, a tracing from the Government topographic surveymap shouldbe used. The plan should show the site outlined in colour, in relation to surrounding sites, roads and other features, including any existing rights of way. Block Plan 3. The Lock Plan must be to a scale of not less than 1 to 500 and should show the boundaries of the site edged in colour, the position and width of adjacent roads, the position and width of existing accesses to the site and the position of any existing buildings or on immediately adjoining the site. The plan should also show clearly in colour or otherwise the position of any buildings proposed to be erected, rebuilt or altered, the position and width of any proposed access from the building or site to existing or proposed road, and the position of any new fences or walls. Other Plans 4. Where building operations are proposed, plans must be submitted of the foundations , each floor and the roof and a section or sections Decision FORM T.P.2 Name of applicant through the building and an elevation of every face of the proposed building, drawn to a scale of not less than 1 to 100 and showing: (a) the level of the lowest floor of the building and of the adjacent ground; (b) the materials and figured dimensions of the foundations, external walls and other wall and the position and dimensions of all chimneys and flues; (c) the position of any water closets, conser vancy tanks, septic tanks , latrines, and other sanitary fittings, and the position of any soil, water, rainwater and ventilating pipes; and (d) the size and line of all drains, the position of traps and manholes or access openings, and the relative position and level of the sewer, septic tank, or other outlet into the drains are to discharge. 5. Receipt of your application will be acknowledged by post, at which time you will be advised how soon expect a decision on the application. If the Planning Authority/Council considers that it will take more than two months from receipt to make its decision, you will be advised by post before the expiry of the initial two months. If no decision is reached within the two months or any extended period, the application is deemed to be refused, and you may appeaJ in writing to the Minister of Home Affairs, by writing to P.O. Box 876, Maseru 100. APPLICATION FOR OULTILNE PLANNING PERMISSION SECOND SCHEDULE (REGULATION 7[3] ) FOR OFFICIAL USE ONLY Application No . Receipt on . GOVERNMENT OF LESOTHO MINISTRY OF HOME AFFAIRS Town and Country Planning Act No. 13 of 1980 Application for Outline Planning permission To the Planning Authority, P .O. Box 876, Maseru 100. (I) I/We/The . hereby make application for outline planning permission for Nature of proposed development If the land has a plot or site number and is in an urban area supply details Applicant, agent and title details Estimated cost Brief details to contlrm enclosures submitted with appliction Services Further information in accordance with the particulars given in this Form, and with the plans which accompany this application. Signature of applicant or agent . Date . (2) The legal description of the land to be develop ed is (3) Particulars of applicant (IN BLOCK CAPITALS) Surname Mr/Mrs/Miss . Postal Address . and the applicant's rillhts to the land are held under the following title . Particulars of agent (if any) acting on applicant' s behalf Name . Postal address . Telephone No . (4) It is estimated that the total cost of the proposed development is M . (5) The plans, drawings, documents and statements listed below are attached details (in triplicate) in support of this application . (6) Describe the proposals for improving or provid ing the following: (a) Access (pedestrian and vehicular) ...... .. .. (b) Water supply . (c) Sewerage . (d) Electricity . Axisting and proposed facilities to be shown on the submitted Block Plan, sufficient to indicate the proposed use of any or all of the above services. (7) Additional information in support of the application: Building operation and building permits Outline planning pennission and reserved matters Application in triplicate Site or location plan Block plan Decision period and appeal Note: The grant of outline planning permission does not authorise the applicant to commence building operations until the " approval of re served matters" has been obtained and a building permit has also been obtained. NOTES FOR THE GUIDANCE OF APPLICANTS TO FORM TP2 Applicants are asked to study these Notes carefully before any application is submitted. (I) "Outline Planning Permission means a permission for the development of land which is granted to a condition (in addition to any other conditions which may be imposed) requiring subsl:9uent approval and to be obtained from the Plannmg Authority, or a council as the case may be with respect to one or more reserved matters, and the grant of outline Planning permission shall be deemed to be "planning permission". (2) Three copies of this application and all plans must be submitted, and each copy must be clear and intelligible, with each copy signed by the appli cant in triplicate or his agent or architect. (3) A site Location Plan must be submitted and must be to a scale of not or less than I to 2500 where available mapping is at this scale or to such other suitable scale as may be available, being I to 5000 or not less than I to 10,000 . Where possible a tracing from the Government topo graphic survey map should be used. The plan should show the site outlined in colour, in rela tion to surrounding sites, roads and other features , including any existing rights of way . (4) A Block Plan must be submitted to a scale of not less than I to 500, and should show the boundar ies and ares of the site edge in colour, the positioin and width of adjacent roads, the position and width of existing accesses to the site and position of any existing buildings on or immediately adjoining the site . The plan should also show the position of any water supply, sewerage or electricity services within or adjoining the site. (5) Receipt of your application will be acknowledged by post, at which time you will be advised how soon to expect a decision on the application. If the Plan ning authority/council considers that it will take more than two months from receipt to FORM T.P.3 Name of applicant Nature of development proposed H the land has plot or site number and Is In an urban area, supply details Applicant, agent and tbe detaIIs make its decision, you will be advised by post before the expiring of the initial two months. If no decision is reached within the two months or any extended period , the application is deemed to be refused, and you may appeal in writing to the Minister of Rome Affairs, by writing to P.O. Box 876, Maseru 100. APPLICATION FOR APPROVAL OF RESERVED MATIERS (SECOND SCHEDULE (REGULATION 7 [6] ) FOR OFFICIAL USE ONLY Application No . Received no . GOVERNMENT OF LESOTHO MINISTRY OF HOME AFFAIRS Town and Country Planning Act No. 13 of 1980 Application for Approval of Reserved Matters To the Planning Authority, P.O . Box 876, Maseru 100. (1) I/We/The . hereby make application for the approval of one or more reserved matters for . in accordance with the grant of Outline Planning Permission No and the particulars given in this Form, and with plans which accompany this application. Signature of applicant or agent . Date . (2) The legal desciption of the land to be developed is . (3) Particulars of applicant (IN BLOCK CAPITALS) Surname: Mr/Mrs/Miss . • Other Names: . Postal Address: . Particulars of agent (if any) acting on applicant's behalf Estimated cost Brief details to confirm enclosures submitted with application Material Access Mark box as appropriate Water Mark box as appropriate Name: . Postal Addresss : . Telephone No: . and the applicant's rights to the land are held under the following title . (4) It is estimated that the total cost of any works to be carried out is M . (5) The plans , drainage, documents and statements listed below are atached (in triplicate) in support of his application (6) Give description of materials, including the finishes and colour to be used in the construction of: (a) Outside wall . (b) Roof covering . (c) Boundary walls . (7) Methods of existing, improved or proposed means of access to and from an adjoining road: access exists and is not to be altered new or improved pedestrian access propoesd new or improved vehicle access proposed (New, or improved, as well as existing access to be shown on the submitted plans) (8) Water supply is to be taken from: public pipes into the building public pipes to standpipes within site Other sources, specified as Water supply is already provided , and is to be extended to new buildings Sewerage, Mark box as Appropriate (Existing and proposed facilities to be shown on the submitted plans) (9) Sewerage is to be disposed of as follows : direct to sewerage mains which exists into a conservancy tank into a septic tank T.P.4 RECEIPT OF APPLICATION FORM PLANNING AUTHORITY/COUNCIL SECOND SCHEDULE (REGULATION 8 [1] ) (1) Department of Lands. Surveys (2) Maseru City Council and Physical Planning. P.O. Box 911 Minstry of Home Affairs, Maseru 100 P.O. Box 876. Lesotho MASERU 100 Date: Date: Our reference: . Your reference: . Dear Sir/Madam, Town and Country Planning Act No. 13 of 1980 the Development Regulations 1991 1. Your application dated has been received and given the reference number . 2. (a) This application has been referred to the council for decision . OR (b) This application will be decided by the Planning Authority . In either case. a notice in writing of the decision should be issued by unless this date has been extended in terms of Regulation 8 of the Development Regulations 1991. If the date elapses and no decision notice has been issued, you should take note that the application is deemed to have been refused and under Regulation 10 of the Development Regulations 1991 you may appeal to the Minister for Home Affairs within six months of the . ... ..... .. . . ..... ............ . . ........ ..... ... . using Form " TP7" (of which (2) Maseru City Council P.O. Box 911 Maseru 100 Lesotho copies are available from the Planning Authority) setting out the grounds on which the appeal is made. Your faithfully, for PLANNING AUTHORITY/COUNCIL T.P.S FURTHER INFORMATION REQUIRED ON PLANNING APPLICATIOIN (REGULATION 7 [5] SECOND SCHEDULE (I) Department of Lands, Surveys and Physical Planning Ministry of Home Affairs P.O. Box 876, MASERU 100. Lesotho Date: . Ref. No .. Dear . Town and Country Planning Act 1980 Application For Planning Permission Your application for planning permission dated has been examined but the information required is incomplete. Before I can deal with your application 1 require the following information: Please forward the details, listed above, as soon as possible so that your application can be considered. Please quote the above reference number with your reply . If 1 do not hear from you within 3 months 1 will treat your application as being withdrawn. Your faithfully , for PLANNING AUTHORITY/COUNCIL T.P.6 REQUEST TO EXTEND TIME (1) Department of Lands, Surveys (2) Maseru City Council and Physical Planning, P.O . Box 911 Ministry of Home Affairs Maseru 100 P.O . Box 876 , Lesotho MASERU 100. Lesotho Date: . Dear Sir/Madam, Town and Country Planning Act 1980 Development Regulations 1991 With reference to your application No received in this office on , the period within which the Planning Authority/ Council is required to decide the application in accordance with Regulation 8(4) of the above Regulations expires on .. It will not be possible to give a decision on the application by this date for the following reasons: In order that consideration of the application may be continued would you please agree to extend the period within which a decision may be issued until . .. ..... ..... .... .... .. .... .... .. .. .. .. .... .. .. .. . .... or such other later date acceptable to you, otherwise the application will be deemed to be refused. Please complete and sign the tear off and return it to me. Yours faithfully, for PLANNING AUTHORITY/COUNCIL I agree to extend the period within which this application No .. .. .. .. .. can be decided until (date) .. Signed . Date . T.P.7 Name of Appellant Address of Appellant Enter date of decision and (if necessary) council name and application No. Enter Council name (if applicable) and Application No. NOTICE OF APPEAL TO THE MINISTER SECOND SCHEDULE THE TOWN AND COUNTRY PLANNING ACT 1980 THE DEVELOPMENT REGULATIONS 1991 (REGULATION 10 [1] ) *delete where applicable APPEAL TO THE MINISTER OF HOME AFFAIRS c/o - The Commissioner of Lands, P.O. Box 876, MASERU 100. I1We/The . hereby appeal against: (i) a decision taken by the Planning Authority or the council on in respect of application No .. *OR (ii) refusal by the Planning Authority or the .. .. .. .. .. .. .. .. council in respect of application No . *OR (iii) an unreasonable extension of the period within which the Planning Authority or the .. .. .. .. .. .... .. ..... Council is to take a decision. Lists grounds of appeal and attach statements and other plans drawings or documents to support the appeal Name of councd" Involved 2. The ground of the appeal are as follows: 3. A copy of this Form has been forwarded to the council which made the decision or the refusal referred to above. T.P.8 GRANT OF PLANNING PERMISSION Regulation 8 [7] (a) SECOND SCHEDULE MINISTRY OF HOME AFFAIRS Department of Lands, Surveys and Physical Planning TOWN AND COUNTRY PLANNING ACT, 1980 Development at plot application No . Planning permission is granted to . for . in accordance with the approved plans, subject to the following condition(s): Signed . P.P. PLANNING AUTHORITY Date . Note: The applicant is advised that under section II (2) of the Town and Country Planning Act 1980 this permission will lapse if the approved development has not commenced to the satisfaction of the Planning Authority before the expiry of twelve months from the date of this grant of permission. The applicant is also advised that under section II (3) of the Town and Country PlanningAct, 1980, a person aggrievedby this decisionmay appeal to the Minister of Home Affairs, whose decision on the matter is [mal. An appeal should be submitted on form T.P.? available at the Department of Lands, Surveys and Physical Planning. T.P.9 GRANT OF OUTLINE PLANNING PERMISSION Regulation 8 [7] (a) SECOND SCHEDULE MINISTRY OF HOME AFFAIRS Department of Lands, Surveys and Physical Planning TOWN AND COUNTRY PLANNING ACT, 1980 Notice of Grant of Outline Planning Permission Development of plot application No . OUTLINE planning permission is granted to . for . in accordance with the approved plans, subject to the following conditions and the approval of reserved matters as follows: Signed . P.P. PLANNING AUTHORITY Date . Note: The applicant is advised that under section 11(2) of the Town and Country Planning Act 1980 this permission will lapse if the approved development has not commenced, to the satisfaction of the Planning Authority, before the expiry of twelve months from the date of this permission. The applicant is advised that under section 11(3) of the Town and Country Planning Act 1980, a person aggrieved by this decision may appeal to the Minister of Home Affairs, whose decision on the matter is final. The applicantisadvisedthat under Regulation 7(6) of the Town and Country Planning (Development) Regulations 1991 and application for approval of reserved matters is to be made within 6 months of the grant of outline planning permission. T.P.I0 APPROVAL OF RESERVED MATTERS Regulation 8 [7] (a) SECOND SCHEDULE MINISTRY OF HOME AFFAIRS Department of Lands, Surveys and Physical Planning TOWN AND COUNTRY PLANNING ACT, 1980 Development of plot . Subsequent to the outline planning permission granted to . on application number .. approval is granted to the reserved matters submitted and to development in accordance with the approved plans , subject to the following conditions: Signed . P.P. PLANNING AUTHORITY Date . Note : The applicant is advised that under section II (3) of the Town and Country Planning Act 1980, a person aggrieved by this decision may appeal to the Minister of Home Affairs, whose decision on the matter is final . An appeal should be submitted on form T.P. 7 available at the Department of Lands, Surveys and Physical Planning. The applicant is advised that under Section II (2) of the Town and Country Planning Act 1980 this permission will lapse if the approved development has not commenced, to the satisfaction of the Planning Authority, before the expiry of twelve months from the date of this permission. T.P,l1 REFUSAL OF PLANNING PERMISSION Regulation 8(7) (b) SECOND SCHEDULE MINISTRY OF HOME AFFAIRS Department of Lands, Surveys and Physical Planning TOWN AND COUNTRY PLANNING ACT, 1980 The application No for planning permission for development at plot No by . is refused for the following reasons : Signed . P.P. PLANNING AUTHORIY Date . Note : The applicant is advised that under section 11(3) of the Town and Planning Act, 1980a person aggrieved by this decision may appeal to the Minister of Home affairs, whose decision on the matter is final. An appeal should be submitted on from T.P. 7 available at the Department of Lands. Surveys and Physical Planning. T.P.12 REFUSAL OF RESERVED MATTERS Regulation 8(7) (b) SECOND SCHEDULE MINISTRY OF HOME AFFAIRS Department of Lands, Surveys and Physical Planning TOWN AND COUNTRY PLANNING ACT, 1980 The application for approval of reserved matters subsequent to the outline planning permission No granted to . on for plot No . is REFUSED for the following reasons» Signed . P.P. PLANNING AUTHORITY Date . Note: The applicant is advised that under section 11(3) of the Town and country Planmng Act, 1980 a person aggrieved by this decision may appeal to the Minister of Home Affairs, whose decision on the matter is final. An appeal should be submitted on form T.P.? available at the Department of Lands, Surveys and Physical Planning. NOTE 1. Act 21 of 1980 2. L.N . 233 of 1991