Town and Country Planning (Amendment) Decree, 1960 (No. 4 of 1960)

1- Jcgal 8/lpp!eJllent (Part 1) to the OfJir:i(/l Gazette of the Zou zib ar Govel'ldnent, Vol. LXiX, No. 4004. 0/ tuu June, 196U. ....... ~ ,.•. - .. -- ,.-.-. .' .-.-- - ..• " - . ..----..-. - - - .- -"••.... ZANZIBAR PROTECTORATE. :nECR'ER'r.rOAMEND •. THETO\·lN-ANDCOUliTRY'PLANNI:iiG , - - . . DECREE, 1955. - . No.4 of 1960. (;;;j;:·;Gj:lJilZl1f.1' 0 ';' ;. - ". . - " '..7., :I, ',' . . Be it enacted by His Highness by and with-the advice and consent; the Legislative Council as follows: 1~ This Decree may be cited as the Town and OountryT'Ianning Short fitle. ~mendment) Decree, 1960 and shall be read as one with the Town Decree No. Id Country Planning peeree,. 1955 and shall come int~ operation on ~4 or 1955. ,. Z rch date as the Briblsh Resident may by order appoint. . ~ . ('1/ f"J I 'to No.4 of 1960.]8 Town and Country Planning ( Amcllchncnt). ---------- . --. - . --.-- .... --- . Section 13 of the principal Decree amended. l:lection lJ of the principal Decree amended. Section 15 of the principal Decree reo pealed and replaced. 2. Section 13 of the priucipul Decree is amended as foiiows: (a) by deleting sub-section (2) thereof and by substituting then the following new sub-sections to be numbered (2) and respectively: - . "(2) An application for permission to carry au t developm of land shall be published by the applicant in the Gazette two successive issues and the planning authority shall take such action as is set out in sub-section (1) hereof u a period of seven days after the dute of publication of second issue of. the. Gazette has elapsed. (3) Any owner :.oJ.:tenant ...ofanypropertythe boundary ,,'~ichis withi:9 a,··presCl·ibed.distsllceof nnypal't of 'boundary of the landfor which application for permission develop has been made may withiunpe.dod of seven days Ir the date of publication ofthe..seconclissue,of the Gazette referred to in sub-seotion (2) .hereof objf3ct in writing to planning authority and, such objection ·sha.ll be considered the planning,aut!;toritY,,'hen considering the.applic~tionfor J Illission'to;develoj):Jand and the planning authoritymay.~ust or overrule the ' objection as 'they see fit."; ~b) by re-numbering sub-sections (3),(4), (5), (6) nnd(7) ns (5), (6), (7) and ,(8) respectively; and . (0) -in sub-section(5} thereof. as so re-numbered by deleting I phrase at the' beginning thereof" Subject to the provisions of 8: section (2), the British Resident." and by substituting then the words "The British Resident". 3. Section J4 of the principal Decree . is amended in sub-section thereof by deleting .the words, figures an<l-brack~ts .'·Sub-sections and (2)"occurring in the third line thereof, nnd Stlbstituting words, figure 'nnd brackets "Sub-section (1)". 4. Section 15 of the principal Decree is rep-ealed find replaced the following new section to be numbered 15: "Appeals. 15. (1) For the purposes ofthiss~ction."an aggric person"> means either an applicant Jorpermission to c. out development of lnnd who is'aggrieved by.the deci: of a planning authority with respect to his appliontloi 0. person who has lodged an objection under the provis of sub-section (2) of section 13 and is aggl'ieved by decision of the planning authority thereon. (2) Whenever a- planning authol'ity (a) overrules an objection made under sub-section of section 13 whether 01' not it allows the applicn to which the objection is made unconditionall subject to any conditions; or 'I'ouni and Country Planning ( Amendment). [No. 40f 1.960. 9 (b) refuses an application made under sub-section (1) of section 13; 01' (c) allows an application made under sub-section (1) of section 13 subject to 'any conditions, it shall record its reasons for so doing in wribing (herein after called the record) signed by the Chairman of the meeting at which the decision was made. (3) An aggrieved person shall on npplleation therefor made within four days of the meeting at which the deci sion was made and on paying the prescribed fee be entitled to a. certified copy r.L,thel'·ecord. (4) An uQ'QTieved uerson rnav ,,;ithintliirtv days' from \ , 00 . . .....- u - ,,',./ : - -' IU ' ...... :, - , :;:~; the receipt by him of 1.\ certified copyof·the· record appeal to the British Resident whose decision shall' be" final. Such appeal shall only be entertained if made on prescribed grounds. (5) Reference in this section to a planning 'authority shall be' deemed to ,include. a persorito whom a planning authority has delegated its ·powers." Passed in the Legislative Council on the 31st day of May, 1960. IC S. MADON, merle to ib« Legislative Oottncil. Countersigned. under' the provisions of Article 42 of the Zanzibar Order in Council, 1924. e A. G. H. MOORING,British Resident. lth -Iune; 1960.