Urban and strategies that regulates rural and urban planning

Urban and Rural planning has become animportant national strategy for improving lives in both developed anddeveloping countries in the world. Ghana not being an exception has also triedto adopt a lot of strategy through guidelines, Acts and procedures to helpimprove lives in both rural and urban communities in the country. Before and after independence in 1957,Ghana has initiated a lot of law, instruments, policies and strategies to helpprovide an efficient planning system for both rural and urban areas. Here aresome laws, policies and strategies that regulates rural and urban planning inGhana.LAND USE AND SPATIAL PLANNING ACT, 2016( ACT 925)This Act seeks to revise and consolidatethe laws on land use and spatial planning, provide for sustainable developmentof land and human settlements through a decentralized planning system, ensurejudicious use of land to improve quality of life, promote health and safety inrespect of human settlements and to regulate national, regional, district andspatial planning, and generally to provide for spatial aspects of socioeconomic development and for related matters.

This Act further strengthens theinstitutional capacity of the TCPD ( Town and Country Planning Authority) andtransform it from a technical advisory body into a proactive regulatoryinstitution that will play a significant role in ensuring conformity andcompliance with spatial plans, zoning regulations and planning standards at thenational, regional and district levels. (http://www.ghana.

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gov.gh/index.php/media-center/news/2963-parliament-empowers-tcpd-as-it-passes-land-use-and-spatial-bill)THE NATIONAL DEVELOPMENT PLANNING ACT (ACT 480 )This Act provides for a nationaldevelopment planning system, define and regulate planning procedure and providefor related matters. The act recognizes the National Development planningCommission as established by The National Development Planning Commission Act,1994 (Act 479) as the coordinating body of the decentralized Nationaldevelopment planning system of the country. The decentralised nationaldevelopment planning system comprise the District Planning Authorities at thedistrict level, Regional Co-ordinating Councils at the regional level andsector agencies, Ministries and the Commission at the national level. LOCAL GOVERNMENT ACT 1993 ( ACT 462)This Act establishes and regulate thelocal government system in accordance with the Constitution and to provide forrelated matters.

Section 46 of this Act declares the district assembly as the planningauthority for its area of authority. The Act further created a unit within thedistrict Assembly called the district planning co-ordinating unit which wouldbe in charge of planning in the area. However, the district development plan asprepared by the Assembly is subject to the approval of the National Developmentplanning commission through the Regional co-ordinating council.  Any development plan prepared by the districtplanning authority shall seek the approval of the National Development planningcommission before its implementation.NATIONAL BUILDING REGULATIONS 1996, (LI1630)THE NEW SPATIAL PLANNING MODELGUIDELINES,  2011This guideline seeks to streamline theuse and management of land in a sustainable manner. It proposes a three tierplanning system namely the preparation of Spatial Development Frameworks (SDF),Structure Plans (SP) and Local Plans (LP). The planning system establishes adirect connection between national development strategies and the spatial realizationof these strategies through a chain of conformity of plans. The modelrecognizes that plans so often fail in their realization because keystakeholders are not adequately involved in the plan preparation process.

Themodel, therefore, proposes and places greater emphasis on the involvement ofstakeholders, whether individual plot holders, large scale landlords,traditional rulers, real estate developers, or institutions in the planningprocess. They are intended to guide the planning activities of DistrictAssemblies, Consultants, Developers, the Academia, the Planning Authority etc.in plan preparationTOWN AND COUNTRY PLANNING ACT, 1945( CAP84)This planning Act provides for theorderly and progressive development of land, towns and other areas, to preserveand improve their amenities and for related matters. This Act empowers the Ministerto be the authority for town and country planning. It further allows theminister to delegate any of the functions concerning town and country planningto any other person he wishes.National Development Policy Framework(NDPF)         How Germany employs thisUnlike Ghana where there is a singlecomprehensive document which establishes and regulate all the planning policyand strategies in the country, there is no comprehensive spatial plan existingat the national level in Germany, but there is the specific case of spatialplans for the exclusive maritime economic zone, which are within theresponsibility of the Federal government. At the subnational level, commontypes of plans exist in all federal states, but they might differ in importantdetails from each other.

States prepare State Spatial Development Plans thatformulate the spatial goals and strategies for the state. (OECD,2017).ADMINISTRATIVE STRUCTURE OF PLANNING INGERMANY AND GHANA  Spatial development in Germany is guidedby models and guidelines which have been devised jointly by the Federal Governmentand the Länder.

Thus “Guidelines for Regional Planning”(Raumordnungspolitischer Orientierungs- rahmen) and the “Framework of Actionfor Regional Planning” (Raumord- nungspolitischer Handlungsrahmen) . With theseabove-mentioned guidelines, Länder and regional planning put these models andconcepts into concrete terms for their respective areas, the municipalitiesfinally implement them in legally binding plans. Spatial planning in Germany istherefore shaped by diverse integration and co-ordination processes between thespatial planning levels of the Federal Government, the Länder, the regions andthe municipalities.(FederalOffice for Building and Regional Planning, 2001).

                          (Pahl-Weber & Henckel, 2008)The distribution of the capabilities andfunctions between the three organs produces the system with legally,organisationally, and substantively differentiated planning levels. They arealso interlinked by the mutual feedback principle as well as complex requirementsof notification, participation, coordination and compliance. Federal spatialplanning is limited essentially to the development of guiding principles and, principlesof spatial planning which also provide the legal basis for state spatialplanning and superordinate specifications for sectoral planning. State spatialplanning gives concrete form at the state level to the federal principles ofspatial planning, while at the local level, final planning goals are developedin compliance with both federal and state spatial planning specifications. (Pahl-Weber& Henckel, 2008)This system somehow is not differentfrom that of Ghana where there is an interlink between the National Developmentplanning Commission, the regional coordinating council and the various (Metropolitan,Municipaland District Assemblies MMDAs). The decentralised national developmentplanning system which comprises of the District planning Authorities at thedistrict level, Regional Co–ordinating Councils at the regional level andSector agencies, Ministries and the Commission at the national level as statedby the National Development Planning Act ( Act 480) are empowered to takecharge of planning of all kinds within their areas of jurisdiction but the NDPCmandated to exercise a supervisory role to ensure that local level developmentplans reflect broader national development goals(Owusu, 2004.)                                                       (Kwaku,2013)CITIZEN PARTICIPATIONThe potential benefits of localinformation and human resources cannot be realised and local developmentaccelerated if the people at the grassroots are not made active participants inthe shaping of decisions that affect them (Ayee, 2002).

The planning paradigmtherefore seeks to consider community participation, involvement of interestgroups, horizontal and vertical coordination, sustainability, financialfeasibility and interaction of physical and economic planning (Widianingsih,2005),The planning system in Germany thereforeactively involves the citizens with whom the whole planning scheme is going tobe affected. The initiation of planning schemes such as village renewal andland consolidation usually start from the collection of ideas from thecitizens. For the people toparticipate competently they need to know the planning events and methods whichlead to a decision being made. The Schools of Village and Rural Development equipsthe people with the basic knowledge needed to carry out the particular project.(BavarianMinistry of Agriculture and Forestry, 2006). After a decade of decentralized planningin Ghana, there seem to be little to show for the involvement of the localpeople in development planning, this is evidenced by the abandonment ofcompleted District Assembly Common Fund (DACF) projects in several communitiesin protest by community members against their suitability.(Zakari,2012)                LAND MANAGEMENT CHALLENGES IN GHANAThe following are some major landmanagement challenges facing Ghana;1.              ExpensiveLand Services.

The expensiveness of getting servicesfrom the various land delivery institutions in the country has affected themanagement system in Ghana. One would have to spend a lot of money beforegetting access to services such as Building permit, Development permit, Landregistration etc. The total amount people usually spend in getting some ofthese services is not only related to official fees charged but also unofficialcharges in the form of bribe paid by clients in order to get their services. Thistherefore defeats the pro poor land administration system every country aspireto achieve.

  2.              Delaysand Non payment of Compensation to land ownersThough there are a lot of legislationsand Acts which complement the main constitution of the Republic of Ghanaproviding a legal process for compulsorily acquiring land and also ensuring aprompt payment of fair and adequate compensation for the expropriated person,there is still the issue of delays and sometimes no payment of compensation to  expropriated persons. Landowners are thereforeleft almost landless, denied their source of livelihood and usually becometenants on their own lands, giving rise to poverty and disputes between the stateand the stools. as well as within the private land sector.(Ministryof Lands and Forestry, 1999)3.              PoorManagement of Land Information System(LIS)Unlike most developed countries,developing countries of which Ghana is not an exception have a huge challengewith how to manage a responsive land information systems (LIS), which basicallyinvolves land information harnessing through, data gathering, processing,storage and dissemination.

(Adiaba,2014). This therefore affect the whole system of landadministration of Ghana. The problem of poor record management, delays inservice delivery among other can all be resolved if there is a propermanagement of Land Information System.4.              GeneralIndiscipline in the Land MarketThis is characterised by landencroachments, multiple land sales, use of unapproved development schemes,haphazard development, indeterminate boundaries of customary-owned, resultingfrom lack of reliable maps and plans, compulsory acquisition by government oflarge tracts of land without utilizing.(Ministryof Lands and Forestry, 1999)1.              Critically evaluate the scope of land management inyour home country and its chances to implement for rural and urbandevelopment.

(max.3 pages). The different types of land tenure andthe land administration prevailing in Ghana today evolved over-time from theinterplay of socio-political organization of various ethnic groups, clans andfamilies through trade, wars and incorporation. As a result, customary andstate laws play an important role in the management and administration of landsin Ghana.(Fiadzigbey,2006)Ghana operates a legal pluralistic landtenure system, with customary and statutory law coexisting and interacting witheach other (Lupembe,2012). This is because the customary land holders own80%(including vested lands) of the total land in Ghana and the remaining beingstate land (Ehwi& Asante, 2016). The categories of the customaryholding groups include the various stool, skin, clan and familys .

  Article 267 of the 1992 constitution ofGhana vest all stool landsin Ghana in the appropriate stool on behalf of, and in trust for the subjectsof the stool in accordance with customary law and usage. The management of customarily ownedlands has therefore been the preserve of these traditional politicalinstitutions with the state having an oversight regulatory responsibility (Issifu,2015). The leaders of the various stool are guided by thefollowing customary tenets in in the management of the land: ·                 Ownershipis inter-generational ·                 Landis held in trust by the head of the community for the entire members of thecommunity, clan or family in the belief that land is owned by the dead, livingand those yet unborn.·                 Allodialtitle to the land resides in the community, clan or family and it is nontransferable.(Ministryof Lands and Forestry, 2003)As part of the process ofensuring a justifiable management system in the customary lands, The Article267(2) of the constitution establishes the Office of the Administration ofstool lands which mandate is to create a stool land account for each stool intowhich shall be paid all rents, dues, royalties, revenues or other paymentswhether in the nature of income or capital from the stool lands. This is toprovide a mechanism, which would ensure equitable enjoyment of the benefitsaccruing from stool land resources by the entire subjects of stools.

In addition to the abovestated provisions and laws guiding the management and administration of stoollands in Ghana, there is also the Customary Land Secretariats (CLS)  established by local landowning communities withthe support from central government under the supports of the LandAdministration Project ( LAP ) to improve land management and administration atthe local level. Thesecretariat serves as an interface between the land owning communities and thepublic land sector agencies. It also in addition provide land administrativeservices to holders and seekers of customary land rights, working under thedirect authority of traditional authority (Ministryof Land and Natural Resorces, 2011). The idea of this secretariat is to provideland administrative services for holders and seekers of customary land rightsworking under the direct authority of traditional authorities. Its also seeks toclarify land rights and ownership especially for the vulnerable, in areas wheregender disparity is high. (https://www.

graphic.com.gh/features/opinion/customary-land-secretariats-evolution-and-prospects.html) Article 257(1&2) of the1992 constitution of Ghana also describes Public land as any land which,immediately before the coming into force of the Constitution, was vested in theGovernment of Ghana on behalf of, and in trust for, the people of Ghana for thepublic service of Ghana, and any other land acquired in the public interest.The constitution further clearly empowers the president to hold the all publicland on behalf of, and in trust for, the people of Ghana. The president holdingthe land on behalf of the citizens as stated in the constitution administershis management responsibilities through certain state institutions.     (Kombat,2009) basically categories the various land managementinstitutions in the country        as theBIG 6. Thus; The Lands Commission, Land Title Registrars, Office of theAdministrator of Stool Lands, Town and Country Planning Department as wellDistrict Land Officers.

However after the implementation of the LandsCommission Act in 2008, some of these land management institutions were mergedthereby reducing the Big 6 as categorized by Kombat to four(4). Namely; TheLands Commission, the office of the administration of stool lands and the Townand Country Planning Department. The lands Commission as establishedunder the Lands Commission Act 2008 ( Act 763) is mandated to manage public andany lands vested in the President by the Constitution or by any other law andalso advise the Government, local authorities and traditional authorities onthe policy framework for the development of particular areas of Ghana to ensurethat the development of individual pieces of land is co-ordinated with therelevant development plan for the area concerned.

Some other major management serviceprovided by the Lands Commission as indicated by the Act 763 includes; registrationof deeds, title to land and other interests in land and also maintaining landregisters that contains records of land and other interests in land. Land Use and Spatial Planning AuthorityThe Land Use and Spacial PlanningAuthority formerly called the Town and Country Planning Department (TCPD) is chargedwith the responsibility of planning and management of growth and development ofcities, towns and villages in the country. This authority seeks to promotesustainable human settlements development based on principles of efficiency,orderliness, safety and healthy growth of communities. The functions of thisauthority amongs others include  Localgovernment Act(http://www.tcpghana.gov.gh/index.php?option=com_content&view=category&layout=blog&id=15&Itemid=153)The Metropolitan/Municipal/District Assemblies IMPLEMENTING LAND MANAGEMENT PRACTICESIN RURAL AND URBAN DEVELOPMENT IN GHANAThough there are a lot of structures andpolicies which seeks to guide the management of lands in Ghana, there is a needfor the land management agencies to implement measures towards the enhancementof rural and Urban development.

Almost all the Land Management Institution inGhana has tried to put up measures which seeks to ensure Rural and Urbandevelopment in the country.Customary Land SecretariatThis secretariat established under theLand Administration project in Ghana performs a lot of functions which all seekto improve rural and urban development in ghana. some of the functions of thesecretariat;·                 Collection,keeping and Provision of land information with regard ownership, right, use,etc. to the public.·                 Liaisingwith Plot Allocation and Town Development Committees to ensure that developmentconforms to planning schemes/layouts or as agreed by the Community at the locallevel. (Issifu,2015)The Lands CommissionThe Lands Commission ofGhana is one major Land Management Institution in the country of whose main functionsincludes the provision of Land Information services, Tenure security andregistering of Title or Deeds to lands. The Commission as a way of promotingrural and urban development has introduced a lot of strategies and measureswhich seeks to provide efficient and effective services to the populates.Famous among these is the Client Service Access Unit ( CSAU) which wasintroduced through the LAP in 2015.

The unit serves as a One Stop-Shop thatprovides the general public with a single point of entry for all LandsCommission services. This unit has help to decrease most of the initialchallenges such as; administrative bottlenecks, public frustrations and corruptionfaced by the Lands Commission. The CSAU has also help to improve publicawareness about the process of title registration Town and Country PlanningAuthorityThe Land Use Planning andManagement Project (LUPMP) in Ghana is a three year initiative (2007-2010). Itis an integral part of the broader Land Administration Project (LAP) which hasbeen implemented by the Ministry of Lands, Forestry and Mines since 2003. LUPMPis funded by the Government of Ghana and the Nordic Development Fund. The project’s overallobjective is to develop a coherent, streamlined and sustainable land useplanning and management system which is decentralised and based on consultativeand participatory approaches in order to manage effectively human settlementsdevelopment.

LUPMP is, effectively, an ambitious attempt to reform and updateGhana’s land use planning and management system. The project’s immediatecounterpart is the Town and Country Planning Department, which is a key agencyof the Ministry of Local Government, Rural Development and Environment with themandate for the planning and management of human settlements – cities, townsand villages – in Ghana. The project is proceeding byway of four activity clusters: 1.      Development and testing of pilotdecentralised land use models in selected high priority areas2.      Policy studies and the reform of thelegal and institutional framework for land use planning and management3.      Implementation of an information systemfor land use planning and management4.

      Pilot plan making and the implementationof plans at regional, district and local levels.(http://www.tcpghana.gov.gh/index.php?option=com_content=article=70:the-land-use-planning-and-management-project-ghana-=23:news-a-events=157)        Aryee,J.R.

A. and Amponsah N. (2003) ‘The District Assemblies and Local Governance:Reflections on the 2002 Local Elections’, in Nicholas A.

and Kwame B-A. (eds)Local Government in Ghana: Grassroots participation in the 2002 localGovernment Election, pp. 49-94. Accra: Uniflow publishing Ltd.Widianingsih I. (2005) ‘LocalGovernance, Decentralization and Participatory Planning in Indonesia: Seeking anew path to a harmonious society’, paper presented at the annual conference ofthe Network of Asia-Pacific Schools and Institutes of Public Administration andGovernance (NAPSIPAG), Beijing, PRC (5-7 December).