Town and Country Planning (Use Groups) Regulations (Cap. 283)

SECTION 53-THE TOWN AND COUNTRY PLANNING (USE GROUPS) REGULATIONS Government Notice 359 of 1962 Regulations by the Minister 1. These Regulations may be cited as the Town and Country Planning (Use Groups) Regulations. Title 2. These Regulations shall apply to all land (a) in any area in respect of which there is an order, made under the provisions of the Act, to prepare a development plan; and (b) in any area subject to an approved development plan; and (c) in such areas as are within a distance of twenty miles from the boundaries of any area mentioned in paragraph (a) or (b); and (d) in such other areas as may be specified by the Minister by statutory notice. Application 3. In these Regulations, unless the context otherwise requires- Interpretation "building" includes any structure or erection and any part of a building so defined, but does not include plant or machinery comprised in a building, and references to a building shall, except where otherwise provided, include references to land occupied therewith and used for the same purposes as that building; "funfair" includes an amusement arcade or pin-table saloon; "general industrial building" means an industrial building other than a light industrial building or a special industrial building; "industrial building" means a building (other than a shop, or a building in or adjacent to and belonging to a quarry or mine) used for the carrying on of any process for or incidental to any of the following purposes, namely: (a) the making of any article or of any part of an article; or (b) the alteration, repair, ornamentation, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or (c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture; "light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grift; "office" includes a bank, but does not include a post office or betting office; "shop" means a building used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods by retail, and includes a building used for the purposes of a hairdresser, undertaker or ticket agency or for the reception of goods to be washed, cleaned or repaired, or for any other purpose appropriate to a shopping area, but does not include a building used as a funfair, repair garage or garage, petroleum filling station, office, betting office, or hotel or premises (other than a restaurant) licensed for the sale of intoxicating liquors for consumption on the premises; "special industrial building" means an industrial building used for one or more of the purposes specified in Use Groups 18, 19, 20, 21 and 22 in the Schedule. 4. (1) Where a building or land is used for a purpose described in any group specified in the Schedule, the use of such building or land for any other purpose described in the same group shall not be deemed for the purposes of the Act to involve development. Use groups (2) A use which is ordinarily incidental to and included in any use specified in the Schedule is not excluded from that use as an incident thereto merely by reason of its specification in the Schedule as a separate use. SCHEDULE (Regulations 3 and 4) USE GROUPS Group 1. Use as a board or guest house, a residential club or an hotel providing sleeping accommodation. Group 2. Use as a residential or boarding school or a residential college. Group 3. Use as a building for public worship or religious instruction or for the social or recreational activities of the religious body using the building. Group 4. Use as a home or institution providing for the boarding, care and maintenance of children, old people or persons under disability, a convalescent home, a nursing home, a sanatorium or a hospital (other than a hospital, home, hostel or institution included in Group 7). Group 5. Use (other than residentially) as a health centre, a school treatment centre, a clinic or a dispensary or use as a consulting room or surgery unattached to the residence of the consultant or practitioner. Group 6. Use as a creche, a day nursery or a non-residential school for children. Group 7. Use as a hospital; home or institution for persons suffering from mental disorder or epileptic persons, or a home, hosted or institution in which persons may be detained by order of a court or which is approved by Government for persons residing there under a requirement of a probation or supervision order. Group 8. Use as an art gallery (other than for business purposes), a museum, a public library, a concert hall, an exhibition hall, a non-residential club or a social or community centre. Group 9. Use as a non-residential college or technical institute or a Local or Central Government office. Group 10. Use as a theatre, a cinema other than a drive-in cinema, a music hall, a swimming bath, a Turkish or other vapour bath or a gymnasium. Group 11. Use as a funfair or an amusement hall. Group 12. Use as a football ground, an athletic ground, a sports ground, a race course or track, a stadium or a drive-in cinema. Group 13. Use as a shop for any purpose except as (i) a fried fish shop; (ii) a butcher's shop; (iii)a shop for the sale of pet animals or birds; (iv) a shop for the sale of motor vehicles; (v) a drive-in shop. Group 14. Use as an office for any purpose. Group 15. Use as a wholesale warehouse or repository for any purpose (other than the storage of offensive or dangerous matter). Group 16. Use as a light industrial building for any purpose. Group 17. Use as a general industrial building for any purpose. Group 18. Use for any of the following processes: (i) smelting, calcining, sintering or reduction of ores, minerals, concentrates or mattes; (ii) converting, re-heating, annealing, hardening, melting, carbonising, forging, rolling or casting of iron or other metals or alloys; (iii)recovery of metal from scrap, or drosses, or ashes; (iv) galvanising; (v) pickling or treatment of metal in acid; (vi) chromium plating. Group 19. Use for any of the following processes so far as not included in Group 18 and except a process ancillary to the getting, dressing or treatment of minerals, carried on, in or adjacent to a quarry or mine: (i) the burning of building bricks; (ii) the burning of lime and dolomite; (iii)the production of coke; (iv) the production of calcium carbide, zinc oxide or sulphur chloride; (v) the foaming, crushing or screening of stone or slag. Group 20. Use for any of the following processes so far as not included in Group 18: (i) the production or employment of cyanogen or its compounds; (ii) the manufacture of glass where the sodium sulphate used exceeds 1.5 per centum of the total weight of the melt; (iii)the production of zinc chloride, liquid or gaseous sulphur dioxide; (iv) the production of salt-glazed ware; (v) the production or employment of radio-active minerals. Group 21. Use for any of the following processes so far as not included in Group 18: The distilling, refining or blending of oils, the production or employment of cellulose lacquers (except their employment in repair garages in connection with minor repairs), hot pitch or bitumen, or pyridine; the stoving of enamelled ware; the production of amylacetate, aromatic esters, butyric acid, caramel, hexamine, iodoform, B-naphthol, resin products (except synthetic resins, plastic moulding or extrusion compositions and plastic sheets, rods, tubes, filaments, fibres or optical components produced by casting, calendering, moulding, shaping or extrusion), salicylic acid or sulphonated organic compounds, lampblack, ultramarine; paint and varnish manufacture (excluding mixing, milling and grinding); the production of rubber from scrap; or the manufacture of acetylene from calcium carbide for sale or for use in a further chemical process. Group 22. Use for carrying on any of the following industries, businesses or trades so far as not included in Group 18: Animal charcoal manufacturer. Animal hair cleanser, adapter or treater. Blood albumen maker. Blood boiler. Bone boiler or steamer. Bone burner. Bone grinder. Breeder of maggots from putrescible matter. Candle maker. Catgut manufacturer. Chitterling or nettlings boiler (not carried on as subsidiary to a retail butcher). Dealer in rags and bones (including receiving, storing, sorting or manipulating rags in or likely to become in an offensive condition, or any bones, rabbit-skins, fat or putrescible animal products of a like nature). Fat melter or fat extractor. Fellmonger. Fish curer (not carried on as subsidiary to a fishmonger). Fish oil manufacturer. Fish skin dresser or scraper. Glue maker. Gutscraper or gut cleaner. Leather dresser. Maker of meal for feeding poultry, dogs, cattle or other animals from any fish, blood, bone, fat or animal offal, either in an offensive condition or subjected to any process causing noxious or injurious effluvia. Manufacturer of manure from bones, fish, fish offal, blood, spent hops, beans or other putrescible animal or vegetable matter. Parchment or paper maker. Size maker. Skin drier. Soap boiler. Tallow melter or refiner. Tanner. Tripe boiler or cleaner. Wood pulp manufactuer. NOTICES AND ORDERS MADE UNDER THE TOWN PLANNING ACT-CHAPTER 123 OF THE 1959 EDITION OF THE LAWS (Section 15 of the Interpretation and General Provisions Act) APPROVED SCHEMES Area Government Notice Avondale Park 88 of 1956 as amended by 219 of 1957 Barlaston Park 214 of 1954 Buckley's 242 of 1952 Buckley's 156 of 1957 Chelston 94 of 1960 as amended by 102 of 1960 Chingola 351 of 1959 Handsworth Park 47 of 1955 as amended by 8 and 268 of 1962 Jesmondene 153 of 1956 Kabwe 246 of 1962 Kabwe 248 of 1962 Kitwe 291 of 1958 and 7 of 1959