Urban and Regional Planning Law

URBAN AND REGIONAL PLANNING LAW

1. Short title. This Law may be cited as the Urban and Regional Planning Law.

2. Interpretation. In this Law unless the context otherwise requires: “Authority” means the Local Planning Authority established by section 6 of this Law; “Board” means the Urban and Regional Planning Board established by section 3 of this Law; “Building” means any structure (whether of temporary nature or not) erected or made on, in over or under land. “Commercial development” means any development or use of or any building on land for any, of the following purposes that is to say: (a) a shop; (b) an office; (c) hotel, guest house, night club, restaurant and way side stall: (d) a warehouse and other similar storage facilities; (e) a cinema theatre, sports stadium and a building providing indoor recreational and leisure facilities for a fee; (f) a market; and (g) any development or use of/and or building on the land for any purpose incidental to any of the above purposes; “Commissioner” means the State Commissioner assigned with the responsibility for environmental and physical planning. “Control Department” means any agency performing the duties of urban and regional planning and development control at the State and local government levels; “Developer” or “owner” means the person or group of persons who is for the time being entitled to a right of occupancy on a piece of land for which a plan is submitted for the purpose of development or the person who is responsible for the construction of a building or structure or agent of such person and it includes an applicant, a builder, consultancy firms or limited liability company who is applying for approval of building plan or planning information under these regulations; “Development” means in relation to land, the carrying out of any building, engineering, mining or other operations in, on, ever, or under any land; or the making of any material change in use of any land, building, structure or conversion of land, building, structure from its established or approval use, and or including the placing or display of advertisement on the land, building or structure; or the making of any environmentally significant change in the use of any land or demolition of building including felling of trees. “Development Permit” means a permit to develop any land or buildings granted by the Board or Local Planning Authority empowered to give such permission under this Law; “Development Plan” means a plan indicating the manner in which an area of land shall be developed, and it includes all plans enumerated in section 4 and 7 (1) of this Law; “Government Acquisition” means all land lawfully acquired by the Federal Government of Nigeria within the State or by a local government council; “Governor” means the Governor of the State; “Industrial Development” means any development or use of land or any building on land for the purpose of processing any mineral.; extracting or producing by whatever means other than mining ore product from another product or substance; repair and working on any mechanised equipment; “Institutional Development” means any development of land for any of the following purposes: (a) social welfare community development in education, health care, religion or charity; (b) offices for political organisation, trade unions, employees’ association and any other organisation whose principal purpose is participating in public affairs; (c) sports and social clubs but no clubs offering overnight accommodation for a charge or fee; (d) museums and galleries; (e) swimming pools available for use by member; of the public with or without payment of a fee; (f) any development or use of land for any purpose incidental to any of the above purposes; “Land” includes any building and any other thing attached to the earth or permanently fastened to anything so attached, but does not include minerals; “Land Use Plan” means a plan adopted by the State Government or any of its statutory agencies, bodies established by law or Town Planning Authority for the whole or any part of the State and approved by the Delta State Planning Board or Local Planning Authority; “Local Plan” means and includes plan formulation in detail, context of the structure plan, the ways in which the policy and general proposals are to be implemented and includes any or a combination of the following: – (a) district plans - which are plans designed for each local government or part of any local government comprehensively; (b) sub-regional plan is a plan covering more than one local government; and (c) action area plans which are plans for areas indicated (or identified) for action by structure plans i.e. where change by development, redevelopment, or improvement need to be effected; “Petitioner” means any member of the public who submits a written complaint to the Town Planning Authority referring to a contravention of a development plan which could be a public or private nuisance; “Physical Development Plan” means any of the plans set out in section 4 and 5 of this Law and includes any schemes, plans or master plans approved under the authority of any legislation repealed by this Law or made under any other authority of any legislation approved under this Law; “Plan” means land use proposal expressed in words and graphic; “Plot” or “Site” in relation to these regulations means the whole or any land which has been demarcated by a survey plan, with identified boundary walls or fences where such belongs to a person, persons or government; “Public Building” means a building used either regularly or occasionally as a public hall, public clinic, cinema post-office, theater, stadium, exhibition halls or for similar purpose and it includes any building used as a place of worship, instruction, recreation, meetings, government administration, health institution, and to which any member of’ the public has access; “Redevelopment” means the planning process whereby an urban area is cleared and prepared for a new development and it involves a total renewal of existing urban development; “Region” means an area of’ land less than the country but more than a town area, having distinctive characteristics that distinguish it from other areas; “Regional Plan” means statement of general policy and proposals for the development plan designed to channel the growth of such region in desirable directions; “Rehabilitation” means the planning process whereby individual structures are improved to meet established buildings standards and criteria, and can also be called “renovation scheme”. “Renovation;” means any act done to cause an improvement to a building’s beauty, and shall include painting, changing windows and doors, replastering, re-roofing and so on. “Repair” includes the act of renovation and/or including improvement to sanitary, electrical, mechanical, landscaping, or structural improvement to a building;

“Residential Unit” means a building or part of a building consisting of a room (rooming houses, a flat forming a habitable unit for one family with independent utilities); “State” means Delta State of Nigeria; “Tribunal” means the Delta State Urban and Regional Planning Tribunal established under section 74 of this Law; “Upgrading” means the planning process whereby an existing but decaying urban area is improved to meet established physical planning standards and criteria, and can be can be called an Improvement Scheme; “Urban Renewal” means, the planning process geared towards a physical improvement of existing urban settlements to eliminate light by any of the following methods: (a) redevelopment, (b) upgrading, and (c) rehabilitation

3. Establishment and composition of Board. (1) There is hereby established for the state a Board to be known as Urban and Regional Planning Board. (2) The Board shall comprise: (a) a Chairman; (b) one representative each of the following professions who shall be a registered member of the relevant professions and have a, minimum of ten years post qualification practising experience:- (i) Town planning; (ii) Architecture; (iii) Civil engineering; (iv) Law; (v) Estate surveying; and (vi) Land surveying (c) one representative each of the following organisations: (i) the State Environmental Protection Agency; (ii) Power Holding Company of Nigeria Plc (iii) Delta State Urban and Rural Water Board. (d) one representative not below GL. 14 from each of the following Ministries/ Departments:- (i) Ministry of Works, (ii) Ministry of Housing (iii) Ministry of Transport; (iv) Ministry of Agriculture and Natural Resources; (v) Directorate of Lands and Surveys; (vi) Ministry of Finance; (e) three representatives from the three senatorial districts in the State in rotation; and (f) a secretary to be appointed by the Board subject to the approval of the Governor, who shall be the chief executive of the Board. (3) The Chairman of the Board shall be a town planner with a minimum of 15 years professional practice experience and shall have been registered with the Town Planners Registration Council of Nigeria; (4) The Secretary shall be a Town Planner with a minimum of 10 years professional practice experience and shall have been so registered with the Town Planners Registration Council of Nigeria; (5) The post of the secretary shall be a pensionable one and all other members shall be part-time members; (6) The Secretary and members of the Board shall be paid such remuneration, fees and allowances as the Board with the approval of the Governor may from time to time determine. (7) The Secretary of the Board shall be responsible to the Chairman of the Board and shall carry out the day to day administration of the affairs of the Board.

4. Functions of the Board. The Board shall perform the following functions: (a) the formulation of state polices for urban and regional planning; (b) the initiation, preparation and review of regional, sub-regional and urban or master plans; (c) the development control of State lands; (d) the conduct of research in urban and regional planning; (e) the provision of technical assistance and policy guidelines to local planning authorities; (f) the consultation and co-ordination with Federal Government and, local government/Planning Authorities in the preparation of development plans; (g) the preparation and submission of annual progress report on the operation of the National Physical Plan as it affects the State; (h) the review of the annual report submitted to it by the Local Planning Authority; (i) the formation and adoption of programmes for the co-ordination and progressive preparation and review of master plans as and when due; and (j) such other functions as may from time to time be assigned to it by the Government.

5. Function of the Directorate of Lands and survey. Not-withstanding the provisions of section (4) of this Law, the Town Planning Department of the Directorate of Lands and Surveys shall perform the following Directorate of functions:- (a) advise the State Government and initiate actions towards the establishment of Local Planning Authorities in the State; (b) the acceptance and review of the annual reports on the implementation of the National Physical and Regional Development Plans submitted to it by the Board and the Local Planning Authorities; (c) act as the seat of the Planning Tribunal in the State; (d) acquisition of State lands. (e) the processing of Application for certificate of occupancy; (f) scrutinise and amend draft master plans and their adoption for exhibition to the public.

6. Establishment and composition of Local Planning Authority. (1) There is hereby established in each local government area of the state a body to be known as the Local Planning Authority, with branch offices situate in the towns specified in the third column of the First Schedule of this Law. (2) The Authority shall comprise the following members: (a) Chairman; (b) one representative each of the following professions who shall be a registered member of the relevant profession, that is to say: (i) Architecture; (ii) Civil Engineering; (iii) Land Surveying Law; (iv) Law; (v) Town Planning (vi) Estate Surveying and Valuation; (c) the works supervisor of each local government council; (d) the education supervisor of the local government area; (e) not more than five representatives of the wards in the local government area; (f) a secretary appointed by the Authority who shall be the chief executive of the Authority. (3) The Chairman of the Authority shall be a Town Planner with a minimum of ten years professional practice experience. (4) The Secretary of the Authority shall be a registered Town Planner with a minimum of five years professional practice experience shall have been so registered. (5) The post of Secretary shall be a pensionable one; all other members shall be on part time. (6) The Secretary shall be paid such remuneration, fees and allowances as the Board may determine with the approval of the Governor having regard to the conditions of service in the public service. (7) The Chairman and other members of the Board shall be paid such remuneration fees, and allowances as the Governor may determine.

7. Functions of the Authority. (1) The Authority shall be charged with responsibilities for preparing town, rural, local and subject plans their review as and when necessary subject to the approval of the Board. (2) The Authority shall prepare and submit to the Board two copies of annual report on the implementation of the National Physical Development Plan, the Regional Master Plan and Urban Master Plan. (3) Subject to the provision of section 35 subsections (1)(b) (2) and (3) the Authority shall undertake all development control including control of advertisement within its area of jurisdiction.

8. Tenure of office of members of the Board and the Authority. (1) The Chairman and members of the Board and the Authority shall hold office for 3 years and shall be eligible for re-appointment for such further terms as the Governor may from time to time determine. (2) Notwithstanding anything contained in the instrument by which the Chairman or a member is appointed the Governor may revoke the appointment if he is satisfied that the Chairman or a member:- (a) has been absent from three consecutive meetings of the Board of Local Planning Authority without the permission of the Chairman; (b) has been adjudged bankrupt by a court of competent jurisdiction; (c) has been convicted by a court of law for an offence involving dishonesty, corruption and office mismanagement; (d) is incapacitated by physical or mental illness; (e) is otherwise unable or unfit to discharge the functions as a member. (3) Notwithstanding anything contained in the instrument by which he is appointed a member of the Board or Local Planning Authority may resign his appointment in writing under his hand addressed to the Governor and upon receipt of the letter of resignation by the Governor the appointment of the member shall terminate.

9. Power of delegation. (1) Subject to Subsection (2) of this section, the duty assigned to the Board or Authority by section 4 and 7 of this Law may in each case be delegated to any person registered under the relevant profession as the Board or authority, may deem fit in each circumstance. (2) Notwithstanding the provisions of subsection (1) of this section, the Board or Authority, may perform any duty assigned to it under subsection (1) of this section.

10. Procedure for the State Physical Development Plans. (1) For the purpose of securing co-operation and co-ordination within and between all levels of the development plans in the State, the Board shall during the preparation of plans referred to in section 4 of this Law call for submissions from all relevant government, non-governmental organisations and interested persons whose contribution shall serve as part of the input towards the preparation of the draft physical development plans. (2) The Commissioner or Permanent Secretary of the Directorate of Lands and Surveys may make rules as to the manner and method of notice and method of submission of the input towards the preparation of the draft development plan. (3) The Secretary of the Board shall collate all the submission made in compliance with the provisions of this section. (4) Without prejudice to section 4(d) of this Law; where a Planning Authority fails in its duty as provided in section 7(1) - (3) of this Law, the board may itself take the requisite action to make a development plan or as the case may be amend an existing development plan; the Board may with the approval of the Commissioner or Permanent Secretary authorise a person or agency to act in the place of the authority in default and, either case, the Board may recover any expenses incurred by it from the authority in default.

11. Appointment and functions of technical committee. (1) The Board shall have powers to appoint a technical committee for the purpose of analysing and collating submissions received under section 10 of this Law. (2) The technical committee shall comprise of the Secretary of the Board, the Local Planning Authorities and such other two persons as the Board may consider fit and necessary. (3) Notwithstanding the provisions of subsection (1) of this section, the technical committee shall have responsibility for evaluating the proposals submitted and preparing and exhibiting the draft State physical development plans for the purpose of this Law.

12. Submission of objection to draft plans. (1) Any member of the public, governmental organisations and professional bodies during the period of exhibition of the draft State physical development plan may submit to the Board within 21 days of exhibition written statements of their objections to anything appearing in the said plan and these shall - (a) define the nature and reason for the objections; and (b) suggest alterations and amendments to be made to remove the objections. (2) The Board shall acknowledge receipt of all such written statement of objections.

13. Board to prepare summary of objection and comments. (1) The Board shall prepare a schedule of summaries of the objections and comments submitted to it. (2) The Secretary of the Board shall submit such schedules within a period of two months after the final day, of exhibiting the draft physical development plan to the technical committee. (3) The technical committee shall evaluate and review the objections and comment: and pass its report which takes account of all objections and comments to the Board.

14. Scrutiny, comments, objections to draft physical development plans. Board shall within a period of 2 months meet to consider the revised draft State physical development plan together with the accompanying schedule of objections and comments.

15. Submission of final draft plan for approval. (1) After the consideration of all objections and comments on the revised plan, the Board shall prepare and submit a final draft plan with or without amendments to the appropriate legislative body for approval. (2) Upon the receipt of the final draft plan, the legislative body may: (a) approve it wholly; (b) approve part of it, or (c) refer it to the Board for further consideration and amendment of the whole or part thereof. (3) A plan approved under sub-section (2) of this section shall be referred to as an Operative State Physical Development Plan published in the State Official Gazette and in at least two national daily Newspapers circulating in the State.

16. Deposit of the operative physical development plan. (1) Copies of the Operative State Physical Development Plan certified by the appropriate office of the legislative body shall be deposited in the office of the Director of Town Planning for safe keeping and in all State Government Agencies responsible or Town and Country Planning, Land Matters, the Board and all the Local Planning Authority for records and official use. (2) The Operative State Physical Development Plans shall be available for inspection during normal working hours and the places of exhibition shall be notified in the State Official Gazette and in at least one national daily newspapers circulating in the state. (3) Copies of the Operative State Physical Development Plan shall be made available for sale to members of the public at a price to be determined by the Board.

17. Adherence to provisions of Operative State Physical Development Plan. The Directorate, Board, Authorities as well as other public and private organisations and individuals shall adhere to the provisions and requirements of the Operative State Physical Development Plan.

18. Review of the Operative State Physical Development Plan. (1) The Operative State Physical Development Plan shall be reviewed every five years to reflect physical and socio-economic changes in the State. (2) The procedure for the review of the State Physical Development Plan shall be as they relate to the procedure for the making of a physical development plan as specified in this Law.

19. Procedures for making a town plan, rural plan, local plan and subject plans, etc. The procedure for making the State Physical Development Plan shall be adopted with necessary modifications in the making of urban master plans, town plan, rural plan, a local plan and a subject plan

20. Subject plans. Subject plans shall be approved by the Board the Authority respectively.

21. Annual reports. It shall be the duty of the Board to review the annual reports submitted to it by the Local Planning Authorities.

22. Power of the governor to revoke. (1) The Governor may: (a) revoke in whole or in part any Operative Physical Development Plan on the advice of the Board or; (b) refer any Operative Physical Development Plan or part thereof to the Board for (i) replacement by a new physical development plan or part thereof, or (ii) amendment. (2) Notification of any revocation referred to under sub-section (1) (a) of this section shall be published in the Gazette and noted by the Directorate on all the copies of the plan deposited for inspection as required by section 16(2) of this Law. (3) Upon any reference under paragraph (b) of sub-section (1) of this section, a new replacement of the operative physical plan or part thereof referred to under sub-section (1) or any amendment thereto as the case may be shall be prepared, exhibited, considered, submitted, approved and deposited in accordance with the foregoing provisions of this Law in like manner as the operative physical plan it replaces or amends. (4) A physical plan referred to the Board under paragraph (1)(b) of this section shall be replaced by the new approved and operative physical plan or read as one with any approved amendment, as the case may be and the Board shall endorse accordingly the copies of the operative physical plan deposited under section 15 of this Law which have been replaced or amended.

23. Compliance of application with planning requirements and regulations. (1) There shall be established in the Board a Development Control Department hereinafter, called the Control Department), to be headed by the Secretary. (2) Any application for development permit to erect or partition a structure shall be in conformity with the Building Regulations. (3) Under this Law development permit may be granted to any applicant in respect of the following Regulations: (a) use and development of land; (b) material changes in the use of land sea bed or structure or part of structure; (c) interim use of land or sea bed that is zoned or schedule for an approved development but not required for that use within 2 years, provided such development or structure that may be erected shall be of temporary building materials; (d) Modification of an approved development plan.

24. Establishment and powers of Development Control Department. (1) Any application for development permit made under this Law shall comply with all the requirements, regulations and standards of the operative comprehensive physical development plans where they apply. (2) The Control Department shall be charged with the responsibility for matters relating to control of physical development and implementation of all physical development plans. (3) The Control Department of the Planning Authority shall have powers over the control of all physical developments in its area of jurisdiction. (4) The Control Department shall have powers to give development permit to any applicant who complies with the provisions of this Law and the Regulations made thereunder. (5) Where development permit has been given under this Law by the Control Department in respect of any development plan submitted for approval the plan shall hereinafter be referred to as “Approved Development Plan” or “Approved Building Plan”.

25. Limitation of powers of the Authority. (1) Subject to the provisions of this Law, and to Regulations made pursuant to it, the Authority shall have power to: (a) grant development permit to residential development application on a parcel of land. (b) grant development permit for a structure of not more than four floors including the ground floor. (c) grant permit for development for structures exceeding five floors what shall be referred to the Board for their comments and such comments shall be taken into account by the Authority in granting the development permit. (2) Without prejudice to subsection (1) of this section, the Authority shall notify the Board of all development plan applications of letable space exceeding 1000 square metres or commercial industrial, recreational, agricultural and institutional use for their comments and such comments made by the Board shall be considered in granting the permit. (3) All physical development plan applications made by any Government, Federal or State or local government institutions made to the Authority shall be referred to the Board for the purpose of granting development permit. (4) All Development control activities of the Authorities shall be Co-ordinated by the Board to which the Authority shall submit monthly statistics and report.

26. Government agencies to obtain approval for land development. Notwithstanding any provision in any Law to the contrary Government or it agency involved in development of land shall obtain approval of the Control Department.

27. Application for a development permit. (1) A developer shall apply for a development permit in such forms and providing such information including plans, designs, drawings and any other information as may be prescribed by regulations made pursuant to this Law. (2) No development shall be commenced by any government or its agencies without obtaining an approval from the Control Department. (3) No outdoor advertisement billboards, or sign-posts may be erected by any person, group of persons, organisation, government or its agencies without prior approval of the Control Department, except as specified in the Building Regulations made pursuant to this Law.

28. Development plans to be prepared by registered professional. The Control Department shall have powers to grant development permit to any applicant if: (a) the land in which any building shall be erected shall have its development plan prepared by a relevant professional registered to practice in Nigeria and as prescribed in the Building Plan Regulations made pursuant to this Law; (b) any application which involves civil or structural engineering works shall be accompanied on submission to the Control Department by structural details and calculations prepared and signed by qualified civil/structural engineer registered practice in Nigeria and as specified in the building Plans Regulations made pursuant to this Law; (c) the applicant or developer shall seek the services of the relevant registered professionals during construction; (d) detailed information relating to construction works, provision of services, clearance from the State fire service, police, Nigerian National Petroleum Corporation, drainage department, report on environmental impact assessment or any other relevant information in respect of the application shall be supplied as specified in the Building Plan Regulations made pursuant to this Law.

29. Ground for rejection of application for development permit. (1) An application for a development permit may be rejected if: (a) Development for which the permit is being sought is not in accordance with an approved physical development plan, or (b) the physical development plan for the area is in the course of preparation; or (c) in the opinion of the Control Department, the development is likely to have a major impact on the environment, facilities, or inhabitants of the community or contains such additional facilities which are not within the estimation of the physical development plan for that community, or (d) the prepared development falls within set back of road, electric high tension power line, drainage channel in canal or water body; (e) the proposed development falls within public recreation open space or other service plot within a layout, government acquisition or revocation areas; (f) the development is not in accordance with any other condition as may be specified under any Regulations made pursuant to this Law. (2) The Control Department may consider representation made to it by person, body or organisation to be affected by an intended development.

30. Submission of environmental impact. A developer shall at the time of submitting his application for development, submit to an appropriate Control Department a detailed environmental impact assessment report in respect of application for:- (a) a residential land in excess of half hectare or development in excess of 4 floors or whether office, commercial or residential; (b) factory building or expansion of factory building; (c) office or commercial development with letable space exceeding 1000m; (d) places of worship; (e) major recreation development covering more than 200 square metres; (f) institutional building; (g) petrol filling service stations; (h) waste disposal including toxic waste, soil or soiled waste disposal farm; (i) sand quarrying and similar excavation of the soil; (j) any other building(s) as specified in the Building regulations made pursuant to this Law.

31. Approval or rejection of development plan application. (1) The Control Department may approve or reject an application for development permission. (2) The Control Department may delay the approval of an application for development permit, if circumstances so require that: (a) developer at his own expense shall: (i) provide necessary commercial facility; or (ii) provide public infrastructure and facility; or (iii) provide necessary social, recreational, communal facility: (iv) pay a sum of money to the Control Department in lieu of providing (i) and (ii) of this paragraph. (b) the developer enters into an agreement with individual applicant, corporate or incorporated body in respect of any matter the Control Department deems to be necessary for the development; (c) the developer pays such fee or other charges imposed by the Control Department; and (d) the developer shall comply with any other conditions stipulated by Regulations made under this Law. (3) In reaching the decision under sub-sections (1) and (2) of this section the Control Department shall comply with: (a) the policy and proposal of an operative physical development plan applicable to a locality within in area of jurisdiction; (b) a proposed physical development plan or an approved physical development plan under review, and (c) any other consideration made pursuant to this Law. (4) Subject to such directives as may be given by the State, a Control Department may delay the approval of an application for development permit for a period of time not exceeding three months with reasons communicated to the applicant. (5) The decision of the Control Department on an application for development permit shall be communicated to the applicant in writing. (6) Where the Control Department decides not to approve an application it shall give reasons for its decision; (7) The decision of the Control Department shall be conclusive evidence of information stated therein. (8) The refusal or rejection of an application shall not confer on a developer any legal rights or other rights until it has been communicated in writing to the developer or applicant.

32. Enforcement or rights and duties attached to a development permit. The Control Department shall enforce all the rights and duties attached to a development permit against the holder for the time being of a development permit: Provided that where a holder of a development permit transfers or assigns his interest, the Control Department shall enforce all the rights and duties attached to a development permit against a holder or occupier for the time being.

33. Validity of development permit. (1) A development permit granted in respect of any development on any land shall remain valid for two years from the date of communication to the developer. (2) Where the holder for the time being of a development permit fails to commence development within two years of such permit, the development permit shall be subject to revalidation by the Control Department which issued original permit.

34. Conditions of grant of a development permit and certificate of occupancy to conform. The conditions attached to the grant of a development permit by the Control Department shall not conflict with the conditions attached to a grant of a certificate of occupancy or a customary right of occupancy.

35. Revocation of development permit. (1) Any development permit granted by the Control Department under section 31 of development this Law may be revoked on any of the following grounds: (a) that the proposed developments and uses for which the development permit was given are no longer appropriate; (b) that the site to which the development permit applies is required for overriding public interest; (c) that false information was given by the developer or person who applied for its development permit; (d) that the development for Which the permit was granted contravenes any other conditions as may from time to time be stipulated by the Control Department; (e) that the structure for which the permit was granted collapsed, gutted by fire or damaged by other natural disasters. (2) the developer or holder for the time being of development permit shall be served a notice of the intention to revoke the permit. (3) The conditions attached to the grant of a development permit may be altered, amended, varied or revoked by the Control Department which shall serve a notice of its intention to the holder for the time being of a development permit. (4) The notice shall state the reasons for the proposed action of the Control Department. (5) The Control Department shall consider any representation made to it by the holder for the time being of a development permit or his agents.

36. Appeals against revocation of development permit. (1) A dissatisfied holder of a development permit or his agents may appeal against the decision of the Control Department in the first instance to the Commissioner or Permanent Secretary charged with responsibilities for matters relating to Town Planning. (2) An appeal against the decision of the Commissioner shall be to the Planning Tribunal set up under this Law to hear appeals within 28 days of the decision of the Commissioner or Permanent Secretary which shall be communicated to the applicant or developer in writing. (3) An appeal against the decision of the Planning. Tribunal shall lie as of right to the High Court of the State.

37. Compensation payable. On such revocation mentioned in sub-section (1) (a), (b) and (d) of section 35 the Board shall be liable to pay compensation if: (a) development has commence, or (b) the holder for the time being of development permit or his agents is liable under an existing; contract to a third party to damages for a breach of contract or (c) the holder for the time being of a development permit or his agents has incurred arty expense or has suffered a loss during the progress of obtaining the development permit.

38. Compensation payable. (1) The amount of compensation payable under this Law shall be used to reimburse the holder of a development permit for the losses incurred as a result of the revocations and shall not be in excess of the sum incurred by the holder or developer. (2) No compensation shall be payable if: (a) a development is not in accordance with the terms and conditions under which a development permit was granted; (b) the right of occupancy of the land, with which development was to lake place has been revoked on the ground that the holder for the time being of the development permit or his agents did not comply with the requirements of the Land Use Act, or (c) a claim for compensation is made 28 days after a notice of revocation of development permit is served on the developer or the holder for the time being of a development permit.

39. Time limit for the payment of compensation. (1) Compensation payable under sections 37 and 38 shall be paid not later than 90 days after a claim for compensation has been made. (2) Any dispute arising from the amount of compensation payable to a developer may be referred to a Planning Tribunal in the first instance and an appeal against the decision of a Planning Tribunal shall lie as of right to the High Court of the State.

40. Service of enforcement notice. (1) The Control Department shall serve, an enforcement notice which shall include any or all of the following: (a) notice of contravention; (b) notice of stop work (stop work order); (c) notice to quit; (d) notice to seal up; (e) notice of demolition; on the developer or owner of any structure on any land, whenever development commenced without obtaining its development permit. (2) Any enforcement notice may be issued pursuant to sub-section (1) of this section notwithstanding that the unauthorised development took place before the commencement of this Law.

41. Alteration variation of a development. (1) Any enforcement notice served pursuant to sub-section (1) of section 40 of this Law may direct the development or owner to alter, vary, remove, or discontinue the development, in question. (2) The Control Department may impose additional condition as it may deem fit in each circumstance. (3) Before issuing or serving an enforcement notice the Control Department shall: (a) have regard to the existing conditions for granting a development permit. (b) have regard to the likely environmental degradation or impact of a development carried out or being carried out; (c) consider the over-riding public interest without prejudice to paragraph (b) of this sub-section.

42. Forms of enforcement notice. (1) An enforcement notice served under section 40 of the Law by the Control Department shall: (a) be in writing and served on the de per or owner of the building; (b) be served by pasting such enforcement notice on the development in lieu of subsection (1) (a) of this section; (c) state the reason for the proposed action the Control Department. (2) The Control Department shall consider any representation made by the developer or owner or his agent and inform him of its final decision on the development.

43. Enforcement of an order. The Control Department or its authorised agent shall enforce an order of the Planning Tribunal or High Court against a developer or holder for the time being of a development permit who fails to comply with such an order.

44. Developer or owner liable for expenses incurred by Control Department. A developer or holder for the time being of a development permit shall be liable for all expenses reasonably incurred by the Control Department or any of its officers or agents as the case may be in enforcing the provisions of section 43 of this Law.

45. Issuance of stop work order. Where it appears to the Control Department that: (a) an unauthorised development is being carried out; or (b) where a development does not comply with a development permit issued by the Control Department. The Control Department shall issue stop-work-order, pending the service of an enforcement notice on file owner, developer, occupier or holder of development permit, as specified in section 40 of this law; Provided that where the development or use is a minor development or use the Control Department shall have the power to order the developer to alter, remove, or discontinue the development or use without reference of the matter to the Board or Tribunal.

46. Stop work order to take effect on service. (1) A Stop-work-order shall take immediate effect upon service on a developer, owner or occupier or agent of the owner of the development for the time being. (2) A top-work-order shall comply with the provisions of section 45 and shall in addition inform the developer or occupier of- (a) the development which is required to be stopped, and (b) the work to be done on the site to conform with the development permit issued thereto.

47. Reasonable time to be given to a developer to comply with stop-work order. The Control Department shall give a reasonable time not exceeding 21 days within which the developer shall be required to comply with the provisions of section 45 of this Law.

48. Duration of stop-work order. A stop-work-order shall cease to have effect if within 21 days of its issue the enforcement notice is not served on a developer.

49. Power of the Control Department on contravention of the provisions of Planning Regulations. Where a developer or owner contravenes the provisions of a planning law or any regulation made pursuant to a law, the Control Department shall have the power to require the developer to- (a) prepare and submit his building plan for approval, or (b) carry out such alterations to a building as may be necessary to ensure compliance; (c) pull down the building; or (d) re-instate a piece of land or building to its original state prior to the commencement of development.

50. Offences and penalty. Any person who fails to comply with the terms of an enforcement notice or disregard a stop-work-order issued and served under this Law shall be guilty of an offence and shall be liable on conviction to a fine not exceeding N10,000 in case of an individual and in case of a corporate body to a fine not exceeding N100,000.00.

51. Demolition. (1) The Control Department shall have the power to serve on a developer or owner a demolition notice if a structure erected by the developer or owner is found to be structurally defective as to pose danger or constitute a nuisance to the occupier and the public. (2) Notice served pursuant to sub-section (1) of this section shall contain a date not later than 21 days on which the Control Department shall take steps to commence demolition action on the structure. (3) After the expiration of the time specified in the notice served under sub-section (1) of this section and Control Department shall take such necessary action to effect demolition of the defective structure

52. Reimburse cost of demolition. A developer or owner shall reimburse the Control Department for all expenses, incurred in the exercise of its powers under section 51 of this Law.

53. Listing of buildings of special architectural or historical interest. (1) In the performance of its functions under this Law in relation to control of advertisement wasteland, trees and buildings of special architectural or historical interest, the Control Department shall compile a list of such buildings of special architectural or historical interest. (2) In carrying out its functions under paragraph (a)of this section the Control Department may also obtain a list of buildings of special architectural and historical interest from individuals and corporate bodies for compilation.

54. Conditions for listing of a building. A building may be included in the Control Department list if: (a) the building is of historic or special architectural interest; (b) its exterior contributes to the architectural or historic interest of a building or a group of buildings of which it forms a part; (c) a desirable man-made object or structure is fixed to the building or part of the land comprised with the curtilage of the building.

55. Consult persons with special knowledge. The Control Department may before compiling a list, consult persons as may appear, to have specific knowledge in building of architectural or historic interest.

56. Deposit of List. The Control Department shall deposit a list of buildings of special architectural or historic interest, with the Town Planning Offices or agencies of the local government.

57. Publication, in the Gazette. The Control Department shall cause to be published in the State Official Gazette a list of buildings of special architectural or historic interest within the State for the purpose of preservation.

58. Demolition alteration of listed building. A listed building may be demolished, altered or extended if the Control Department gives a written consent for the execution of works on the listed building;

59. Offences and penalty. Any person who: (a) executes or causes to be executed any work aimed at the demolition, alteration, extension in any manner which changes the character of a listed building, or (b) fails to comply with any condition attached to a written consent of the Control Department, shall be guilty of an offence and liable on conviction to a term of imprisonment not exceeding twelve months or to a fine of two thousand naira in the case of an individual; or (i) to a fine of five hundred thousand naira in the case of corporate body; (ii) and to a fine of ten thousand naira for every day the offence continues.

60. Development permit to include appropriate provisions for preservation and, planting of trees. The Control Department shall: (a) where appropriate, grant a development permit subject to a provision on the preservation of existing trees and of planting of new trees by the imposition of necessary conditions; and (b) without prejudice to the provisions of existing laws under this subject, make ‘tree preservation orders’ for securing such amenity within its area of jurisdiction.

61. Control of outdoor advertisement. (1) The Control Department shall regulate the dimensions, appearance, display, sitting and manner in which an advertisement billboard shall be affixed to land. (2) No person shall display an advertisement without the written consent of the Control Department.

62. Maintenance of wasteland, etc. If it appears to the Development Control Department that the amenity of a part of an area or an adjoining area is seriously injured by the condition of a garden vacant site or an open land, the Control Department shall serve on the developer or occupier or owner of such land a notice requiring such steps to be taken for abating, the injury as may be specified in the notice to be served on such owner, developer or occupier within such period of time as may be specified.

63. Power to revoke a right of occupancy. (1) Where it appears to the Board or Authority that it is necessary to obtain any land in connection with planned urban or rural development in accordance with the policies and proposals of any approved plan, arty right of occupancy subsisting on that land shall be revoked on the recommendation of the appropriate authority. (2) Any right of occupancy held in pursuance of subsection (1) of this section shall be revoked in accordance with the relevant provisions of the Land Use Act. [Cap. L3. LFN Cap. L5.)

64. Compensation. (1) All matters connected with the payment of compensation for the revocation of a right of occupancy under this Law shall be governed in accordance with the relevant provisions of the Land Use Act. (2) Any compensation payable as a result of the revocation of a right of occupancy under this Law shall be paid within a reasonable period. (3) Where in the opinion of the Control Department any person has committed a gross contravention of an existing scheme, the land together with any building and any goods or furniture therein may be requisitioned or forfeited for the breach of the scheme under this Law without the payment of any compensation.

65. Facilitation and execution of approved plan. Notwithstanding any provisions of this Law, the Control Department may, where it deems fit and necessary: (a) facilitate the execution of the approved plan; (b) make payment of reasonable compensation to any person who sustains a damage or suffers any loss by reason of his land being affected by: (i) injurious affection (ii) disturbance; (iii) severance; and (iv) displacement, as a result of the land being lawfully developed or which after lawful activity is being carried forth in order to give effect to any provisions of this Law.

66. Recovery of betterment from owners of land or property increase in value. (1) Where by the coming into operation of any provisions contained in a Physical Development Plan or by the execution of any work under an operative Physical Department Plan, any land or property within the areas to which the Physical Development Plan or work relates is increased in value, the Control Department may recover within three years after the date on which the provision came into operation, or within three years after the completion of the development or activity, as the case may be, from any person whose property is thereby increased in value for an amount not exceeding seventy- five percent of the increase thereto. (2) For the purpose of this provision, the Control Department may make rules and regulations; (3) A claim in respect of an increase in the value of any land or property shall be made by the Control Department by serving upon the person from whom the amount is recoverable, a notice in writing stating the basis of the claim and the amount. (4) Any sum recoverable under this section may be set off against any claim for compensation payable under this Law. (5) Where any provision of an existing scheme is revoked or modified by a subsequent, scheme, no claim for betterment shall accrue to the Control Department in respect pf any land or any property whose value is being increased: Provided that any, outstanding claim due to Control Department from any person whose land property is affected by previous scheme before the revocation or modification shall not thereby be discharged but the payment of the amount recoverable shall remain enforceable as a debt due and payable to the Control Department under this Law.

67. Exercise of power under this part. Where development plan specified in section 7 of this Law is prepared by the appropriate planning agency and approved under section 15 of this Law; the Authority may exercise the power hereinafter set out for the purpose of assisting in the implementation of that development plan.

68. Improvement areas. (1) A development plan to which section (7) of this Law applies may designate and the appropriate Authority, after the plan has been approved, by under published in the State Official Gazette, declare any part of the area for which such plant has been made to be an improvement area for the purpose of rehabilitating, renovating and upgrading the physical environment, social facilities and infrastructures of the area. (2) The rehabilitation, renovation and upgrading may be brought about through the combined efforts of the residents of the area concerned, the Control department and any other statutory bodies as may be relevant and complimentary to the rehabilitation, renovation or upgrading of the area. (3) The Urban Renewal Board shall, before declaring an area to be an improvement area, satisfy itself that the purpose set out in sub-section (2) of this section is reasonably likely to be achieved.

69. Consultation and co-operation in improvement areas. (1) The appropriate authority shall before declaring any part of an area to be improvement area- (a) use its best endeavour to inform, by such means as it deems fit, the residents of the proposed improvement area of: (i) the purposes and contents of the proposed improvement; (ii) the power vested in the Authority; and (iii) the facilities which would be made available and benefits to be derived in the area. (b) hold meeting with the local government of the area or any other bodies in the area to: (i) ascertain the views of the residents on the proposed improvement area and the exercise of power relating thereto; (ii) set up liaison or commutative committees between the authority and representative of the residents to monitor the progress of the rehabilitation, renovation or upgrading in the area; (iii) inform other relevant statutory authorities of the proposed improvement area and invite their views and comments thereon; (iv) take into account the views and comments trade under paragraph (b) and (c) of this subsection and from other interested parties in the proposed improvement area. (2) The appropriate authority shall, after declaring an area to be an improvement area: (a) hold regular meetings with the committees established under paragraph (b) (ii) of sub-section (1) of this section; (b) assist or join other persons and authorities in assisting a resident or group of resident within the area to draw tip and implement plans for the improvement of the neighbourhood; (c) generally advise and assist the resident of the area to take full advantage of the improvement concerned.

70. Power of the authority in an improvement area. The appropriate authority shall, in an improvement area, have power to: (a) prepare an improvement area plan showing what ways and over what period of time, the area is to be improved and may, where necessary, include a plan for the redistribution of rights of occupancy of plots of land within the area or part hereof, or (b) grant, guarantee or otherwise facilitate the granting of loans to persons or groups of persons: (i) to assist in the improvement, repair or renovation of the house within the area as may be directed by the appropriate authority; or (ii) to provide, improve, repair or renovate social and community facilities within the area; (c) subject to section 45 of this Law, demolish or order the demolition of a building or part thereof and, where appropriate, recover the cost of the demolition from the owner of the building or part thereof; or (d) improve, repair or renovate or order the improvement, repair or renovation of a building or parts thereof and, where appropriate recover the cost of the improvement, repair or renovation from the owner of the building or pact thereof; or (e) pay compensation promptly on such terms and conditions as may be prescribed, to a person who suffers a loss or damage through the exercise by the authority of its powers in the area.

71. Restriction on power to demolish. The power of an authority to demolish or order the demolition of a building or part thereof under this Part of this Law shall not be exercised unless: (a) the building falls so far below the standard or other buildings used for habitation in the area that it is or is likely to become a danger to the health of its occupiers; or (b) the building is in such a state of disrepair that it is or is likely to become a danger to public safety and cannot at a reasonable cost be repaired; (c) two or more contiguous building are badly laid out and so congested that without the demolition of one or more of them that part of the improvement area cannot be improved; (d) it is in connection with the provisions of infrastructural facilities of the area.

72. Exercise of power of repair, demolition and renovation. (1) The appropriate authority shall, before ordering the repair, demolition or renovation of a building or part hereof: (a) inspect the building or part thereof to ascertain its conditions and situation; (b) where the proposed order is one of repair of a building or part thereof, prepare a schedule of necessary regulations which shall inform the owner or occupier of the building (i) of the proposed order and the reason thereof; (ii) the date and time when and place where the authority shall consider any representations or objections to the proposed order; and (iii) of such other matters as may be prescribed by regulations; (iv) affix a notice of the proposed order onto a conspicuous part of the building to which the order relates; (v) appoint committee of member of the authority to hear, consider and report on any representation on objection which may be made in writing by the owner or occupier or his duly authorised representative, (vi) where he proposed order is for the demolition of a building or part thereof, prepare an estimate of the compensation payable to the Owner or occupier of the building. (2) Where the authority, after consideration of the report of the committee appointed under paragraph (b) of sub-section (1) of this section, confirms the proposed order, with or without modifications or alterations, it shall serve a notice of the order and the reasons therefore in such forms as shall be prescribed by regulations on: (i) the owner or occupier of the building; or (ii) the duly authorised agent or representative of the owner or occupier as the case may be. (3) An aggrieved owner, occupier or interested party of a building which is the subject of a demolition order may appeal against: (a) the order to the Planning Tribunal established under section 74 of this law for the determination of the object; and (b) the Planning Tribunal’s decision, to the High Court of the State; (4) An order made under this sections shall take effect where: (a) there is no appeal against the order, at least 28 days after its service on the owner or occupier of the building, or (b) there is appeal against the order, at least 28 days after the appeal has been finally determined or dismissed. (5) The authority shall not enter to repair, renovate or demolish, a building or part thereof which is the subject of an order until: (a) after the period stated in the notice of the proposed order has expired; (b) where there is an appeal against the repair, renovation or demolition, the appeal has been finally determined or dismissed.

73. Provision of alternative accommodations etc. (1) Where the authority proposes to make an order for the demolition of a building or part thereof used for human habitation shall: (a) provide a person likely to the displaced from his home by the order: (i) alternative accommodation or site and materials for building an alternative accommodation; (ii) assistance in the planning and construction of the alternative accommodation; (iii) assistance in moving to and settling in the alternative accommodation; or (iv) financial assistance by way of a grant, loan or guarantee either directly or through other authorities, on such terms and conditions as the authority shall deem fit; and (b) allow the person to move to and settle in the alternative accommodation before effecting demolition. (2) For the purpose of this Part of this Law, the word “authority” means the Board or the Authority as the case may be.

74. Establishment of Urban and Regional Planning Tribunal. There is hereby established an Urban and Regional Planning Tribunal which shall have the jurisdiction, power and authority conferred on it by this Law and by any regulation made thereunder.

75. Composition of tribunal The Tribunal shall consist of: (a) a Chairman who shall be a registered Town Planner with at least 15 years post qualification experience: (b) all architect; (c) an engineer with civil structural bias; (d) a legal practitioner of not below ten (10) years post-call experience at the bar. (e) a government licenced land surveyor not below Grade Level 14; (f) an estate surveyor or valuer registered with the Estate Surveyors Registration Board of Nigeria with not below ten years post-registration experience; (g) a Secretary who shall be a registered Town Planner with at least ten (10) yeas post qualification experience.

76. Appointment of members. The Governor shall appoint: (a) the Chairman of the Tribunal, on the recommendation of the Town Planners Registration Council; (b) the other members of the Tribunal, in section 75 (b), (c) and (d) other recommendation of the professional bodies; and (c) the Secretary to the Tribunal who shall be a serving officer in the State Government Civil Service.

77. Tenure of office and termination of appointment of a member of the Tribunal. (1) The Chairman and members of the Tribunal except the ex-officio members shall hold office for three (3) years and shall be eligible for re-appointment for such further terms as the Governor may from time to time determine. (2) The office of the Chairman or a member of the Tribunal shall become vacant if- (a) the Chairman or a member has completed his tenure of office; (b) he resigns his appointment in writing under his hand to the Governor; (c) without good cause, declines to sit for the hearing of an appeal referred to the Tribunal on three consecutive occasions; (d) he is adjudged bankrupt by a court of competent jurisdiction; (e) he is adjudged to be of unsound mind; (f) his appointment is revoked by the Governor; or (g) he is found guilty of professional misconduct by an appropriate Registration Council in Nigeria. (3) For purpose of sub-section (2) (c) of this section without `good cause’ means: (a) illness certified as such by a qualified medical practitioner; (b) a professional involvement in the case before the Tribunal at its earlier or prior stages; (c) having direct or indirect proprietary or pecuniary interest in the case before the Tribunal.

78. Remuneration of members of the Tribunal. The Chairman and members of the Tribunal shall be paid such remuneration, fees and allowances as the Governor may approve from time to time.

79. Jurisdiction of the Tribunal. The Town Planning Tribunal shall have jurisdiction to investigate and adjudicate on all public complains concerning the activities of the Board or Authority as regards building plans approval or rejection, preparation of master or district plans, layout or scheme, disputes arising from compensation or any matters affecting physical developments in the State.

80. Appeal. (1) An aggrieved person or any interested party may appeal against the decision of the Board, or any of its agencies or departments in the State and such appeal shall be made to the Tribunal within 28 days after the notification of the final decision of the Board or Authority or relevant agency or department has been communicated. (2) An appeal against the decision of the Tribunal shall lie as of right to the high court in the State and such appeal shall be made within 28 days after written notification of final decision of the Tribunal. (3) (a) The Chairman of the Tribunal will cause a sitting of the Tribunal within 20 days of the receipt of an appeal; (b) The aggrieved owner, occupier or interested party may attend and be heard or if the desires his authorised representative may attend, the sitting of the Tribunal.

81. Mode of appeal. An appeal against the decision of the Board shall be on the prescribed form and on payment of a fee as may be prescribed in the regulations made pursuant to this Law.

82. Proceedings. The Tribunal shall be duly constituted for the purpose of exercising the power and authority conferred on it by this Law if it consists of the Chairman and two other members.

83. Rules of procedure. The Attorney-General of the State shall made rules of procedure for the Tribunal.

84. Proceedings. The standing order of the Land Use and Allocation Committee shall apply to the Board.

85. Quorum. The quorum of any meeting shall be by simple majority including the Chairman and the quorum of any committee shall be determined by the Board and local planning authorities.

86. Chairman presides at meetings. At any meeting of the Board and Local Planning Authority the Chairman shall preside or in his absence, the members present at the meeting shall appoint one of their members to preside at that meeting.

87. Meetings of the Board. Subject to the provisions of any standing orders the Board Local Planning Authority shall meet whenever it is summoned by the Chairman, and if the Chairman is required to do so by notice given to him by not less than twelve other members, he shall summon a meeting of the Board or Local Planning Authority to beheld within 14 days from the date of which the notice is given.

88. Validity of proceedings. The validity of any proceeding of that Board or Local Planning Authority shall not be affected by any vacancy in membership, or any defect in the appointment of a member or by reasons that a person not entitled to do so has taken part in such proceedings.

89. Officers of the Board. (1) The Board may from time to time engage or employ such officers and employees as deemed necessary for the due and proper execution of is function under the provisions of the Law. (2) For the purpose of this Law the Board shall comprise the following departments: (a) Physical Planning Research and Statistics Department; (b) Development Control Department; (c) Finance and Supplies Department; and (d) Personal and Legal Department. (3) The functions of the respective departments of the Board or Authority shall be as listed in the Second Schedule to this Law.

90. Transfer of certain staff of the ministry and local government council to the Board and the Local Planning Authorities. Persons who immediately before the commencement of this Law held office in the Town Planning Department of the Directorate of Lands and Surveys and Local Government Councils shall have the option in the first instance and particularly for the purpose of forming the nucleus of the boards and the Local planning Authorities of where to continue their services subject to the concurrence of the Permanent Secretary of the Directorate of Lands and Surveys or Chairman of the local government council.

91. Establishment of Planning Fund. (1) For the purpose of this law, there is hereby established: (a) an Urban and Regional Planning Fund; and (b) Local Planning Authority Fund (herein in this Law referred to as ‘the Fund’) in which shall be paid all moneys accruing to the respective Local Planning Authority. (2) The fund shall comprise: (a) such moneys as may be appropriated to the Board and Authority by the State Government and respective Local Government; (b) such moneys as may be granted to the Board and Authority from time to time; (c) all sums, debentures, investments or other property vested in the Board and Authority; (d) such moneys raised by way of loan under the powers to borrow vested in the Board and the Local Planning Authority by this Law; (e) all moneys which may vest in the Board and Local Planning Authority under any, enactment or law; and (f) all other sums accruing to the Board and Local Planning Authority by way of fines, grants, aids, gifts, sales of publication of maps, plans, journals and charges.

92. Expenditure. (1) The Board and Authority may, from time to time, apply the fund for: (a) the pursuit of all or any of its functions under the provisions of this Law; (b) the remuneration, honoraria, gratuities and pensions of the members of the Board/ Local Planning Authority and it employees under the provisions of this Law: (c) the interests payable in respect of any money borrowed under the provisions of this law; (d) the payment of taxes, state development levies, duties, rates of other charges payable by it under any enactment of law; (e) granting of in-service training, study leave with or without pay to its employees as and when necessary. (2) The Board and Authority may: (a) with the approval of the Governor, commission from time to time from the funds at its disposal any person, institution, society, body or bodies for the preparation of any development plan which in the opinion of the board and Authority is likely to be of benefit to the people of the State; (b) commission studies of Urban and Regional Plans for the purpose of collecting base-lines data; (c) plan various studies workshops and seminars on matters relating to its functions under this Law and sponsor its staff to attend such workshops and seminars.

93. Power to borrow money. The Board and the authority may with the approval of the State executive Council from time to time borrow whether by way of mortgage or otherwise, such sum of money for and in connection with the exercise of this function under this Law as the Board and the Authority may deem necessary.

94. Power to make regulations. The Board and the authority may with the approval of the Governor make regulations generally for carrying into effect the provisions of this Law. Schedule 1 URBAN AND REGIONAL PLANNING LAW SECTION 6 (1) OFFICES Local Government Main Office Branch

1. Aniocha North Issele-Uku Onicha-Ugbo

2. Aniocha South Ogwashi-Uku Nsukwa

3. Bomadi Bomadi Akugbene

4. Burutu Burutu Ojobo

5. Ethiope East Isiokolo Abraka

6. Ethiope West Ighara Town Mosogar

7. Ika North East Owa-Oyibu Umunede

9. Isoko North Ozoro Iyede

11. Ndokwa East Aboh Ashaka

13. Okpe Orerokpe Aghalokpe

14. Oshimili North Akwukwu Ibusa

17. Sapele Sapele Amukpe

18. Udu Otor-Udu Aladja

19. Ughelli North Ughelli Orogun Evwreni

20. Ughelli South Jeremi Town Agbarho

21. Ukwuani Obiaruku Umutu

22. Uvwie Effurrun Ekpan

25. Warri South-West Ogidigben The Local Planning Authority shall establish offices for effective coverage of their areas of jurisdiction. Schedule 2 URBAN AND REGIONAL PLANNING LAW SECTION 89 (3) PHYSICAL PLANNING RESEARCH AND STATISTICS DEPARTMENT

1. Collation, organisation and storage of data and records on approved development plans

2. Publicity and enlightenment activities.

3. Data base operations in urban and regional planning including housing, traffic, transportation, urbanisation, waste management, population, all technical social infrastructures.

4. Preparation and submission of annual progress report*on, the operation of the national physical plans as it affects Delta State.

5. The review of the annual reports of the local planning authorities.

6. Preparation of annual report on the operation of the Board and Local Planning Authority. DEVELOPMENT CONTROL DEPARTMENT

1. Issuance of approved building plans, fencing, renovation or development permits on State land.

2. Monitoring of physical development on State lands with a view to initiating necessary action to contain or control such patterns.

3. Identification, prevention and removal of unapproved development on all State lands.

4. Investigation of all petitions and complaints on physical development in the State.

5. Collaboration with Environmental Protection Agency on assessment of Environmental Impact Assessment and report before granting planning approval.

6. Control of outdoor advertisement on all State lands and roads. FINANCE AND SUPPLIES DEPARTMENT

5. Payment of claim. PERSONNEL AND LEGAL DEPARTMENT

3. (a) Recruitment; (b) Discipline, and (c) Promotion.