URBAN AND REGIONAL PLANNING AND DEVELOPMENT LAW OF LAGOS STATE

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  
A- C G – K M – I R – T
D – F L – L P – P U – Z

URBAN AND REGIONAL PLANNING AND DEVELOPMENT LAW

ARRANGEMENT PF SECTIONS

1.            Establishment of Relevant physical Planning and Development Agencies

2.       Functions of the Ministry

3.       Powers of the Commissioner

4.       Assent of the Governor for Special Building Projects

5.       Procedure to be adopted for the Preparation and Review of Development Plans.

6.       Publication and Preparation of Draft Development Plans

7.       Exhibition of Draft Development Plan

8.       Submission of Objection to Draft Plan by members of the Public

9.       Schedules of Summaries of objections and Comments.

10.     Consideration of Comments and Objections.

11.     Procedure for Amendment of Draft Plan

12.     Withdrawal of Objection

13.     Notice of Amendment

14.     Meetings.

15.     Additional Power of Amendment

16.     Objection to Development Plan.

17.     Objection to Development Plan.

18.     Operative Development Plan.

19.     Correction of Operative Development Plan.

20.     Deposit of Operative Development Plan

21.     Revocation of Operative Development Plan.

22.     Correction of Final Operative Development Plan

23.     Review of Operative Development Plan.

24.     Establishment of the Planning Permit Authority.

25.     The General Manager of the Planning Permit Authority.

26.     Functions of the Planning Permit Authority.

27.     Planning Permit.

28.     Application for Planning Permit

29.     Submission of Technical Report.

30.     Grant of Rejection of Planning Permit.

31.     Grounds for Rejection of an Application for Planning Permit.

32.     Delay of Planning Permit.

33.     Consideration of Representation by Developer.

34.     Grant of Planning Permit

35.     Approved Planning Permit.

36.     Compliance with Planning Permit.

37.     Validity of Planning Permit.

38.     Enforcement of Rights and Duties attached to a Planning Permit.

39.     Register of Applications and Publication of Planning Permits.

40.     Provision for Planning of Trees and Greenery.

41.     Revocation of Planning Permit.

42.     Payment of Compensation.

43.     Assessment of Compensation.

44.     Period of payment of Compensation.

45.     Establishment of the Building Control Agency.

46.     The general Manager of the Building Control Agency.

47.     Functions of Building Agency.

48.     Building Insurance

49.     Establishment of the Urban Renewal Agency.

50.     The General Manager of the Renewal Agency.

51.     Functions of renewal Agency.

52.     Exercise of Powers under this Part.

53.     Improvement Area.

54.     Consultation and Co-operation in Improvement Area.

55.     Power to prepare an Improvement Plan.

56.     Restriction of the Power to Demolish.

57.     Demolition Orders.

58.     Compensation for Demolition

59.     Enforcement Notices

60.     Service of Enforcement Notice by Relevant Agencies.

61.     Conditions in order to alter, vary, etc.

62.     Requirement of Enforcement Notices

63.     Requirement of Enforcement Notices

64.     Enforcement of Order.

65.     Enforcement of Order.

66.     Stop Work Order.

67.     Extension of Stop Work Order.

68.     Effect of Enforcement Notices.

69.     Penalty.

70.     Power of Relevant Agency on Contravention.

71.     Defective Structures.

72.     Power of building Control to Agency to Demolish Defective Buildings.

73.     Power of Relevant Agencies over Abandoned Buildings.

74.     Forfeiture of Property on Collapse of Building or Structure.

75.     Offences and Penalties.

76.     Power to Acquire Land.

77.     Payment of Compensation.

78.     Facilitation and Execution of Operative Development Plan.

79.     Establishment of Appeals Committee

80.     Composition of the Appeals Committee

81.     Functions of the Appeals Committee

82.     Powers of the Appeal Committee

83.     Recommendations of the Appeals Committee

84.     Proceedings of the Appeals Committee

85.     Sittings of the Appeals Committee

86.     Remuneration and Allowances

87.     Tenure of Office of the Appeals Committee

88.     The Secretariat

89.     Appeal Against Decisions of the Committee

90.     Establishment of the Technical Advisory Committee

91.     Composition of the Advisory Committee

92.     Functions of the Advisory Committee

93.     Proceedings of the Advisory Committee 

94.     Sittings of the Advisory Committee 

95.     Remuneration and Allowance

96.     Tenure of Office of the Advisory Committee

97.     Cessation of Office

98.     The Secretariat

99.     Power to make Regulations

100.   Savings

101.   Repeals

102.   Interpretation

103.   Citation and Commencement

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

URBAN AND REGIONAL PLANNING AND DEVELOPMENT

A LAW TO PROVIDE FOR THE ADMINISTRATION OF PHYSICAL PLANNING , URBAN DEVELOPMENT, URBAN REGENERATION AND BUILDING CONTROL: IN LAGOS STATE AND FOR CONNECTED PURPOSES

(5TH July 2010)               Commencement.

(5TH July 2010)               Commencement.

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:

PART 1 – ADMINISTRATION OF PHYSICAL PLANNING URBAN DEVELOPMENT AND BUILDING CONTROL IN LAGOS STATE

Establishment of Relevant physical Planning and Development Agencies.

1.(1)  There is established the following Physical planning and Development agencies (referred to in this Law as the “Agencies”) to implement the policies of the Ministry:

(a)     The Lagos State Physical Planning Permit Authority (referred to as the Planning Permit Authority”);

(b)     The Lagos State Building Control Agency (referred to as the “Building Control Agency”); and

(c)     The Lagos State Building Control Agency (referred to as the “Renewal Agency”).

(2)     The Ministry of Physical Planning and Urban Development (referred to in in this Law as The Ministry”) shall be responsible for all Physical Planning Urban Development, Urban Regeneration and Building Control policies of the State.

(3)     The Ministry shall have direct responsibility to supervise the Agencies established (1) of this Section and any other Physical Planning Agency as may be established.

Functions of the Ministry

2.       The Ministry shall be responsible for the—

(a)     initiation, formulation of Policies, coordination of programmes and review of all aspects of Physical Planning Urban Development, Urban Regeneration and Building Control in the State.

(b)     Implementation of its policies through the relevant agencies established order the provisions of this Law;

(c)     preparation approval of the following hierarchies of Physical Development Plans;

          (i)      Regional Plans

          (ii)      Sub-Reg oral Plans

          (iii)     District Plans

          (iv)    Model City Plans

          (v)     Urban/Town Plans

          (vi)    Urban Regeneration Plans

          (vii)    Development Guide Plans; and

(d)     provisions of technical assistance to all government ministries and agencies on matter relating to physical planning, urban development, urban regeneration and building control;

(e)     determination of the locations of infrastructural facilities and centres of economic activities

(f)      offering advice on State development project/programmes with socio-economic and environmental impacts as may be referred to it from time to time;

(g)     formulation  legislation on physical planning, urban development, urban regeneration and building control in the State;

(h)     formulation of guidelines for fostering inter-ministerial, inter-governmental bilateral and multi-lateral cooperation on physical planning urban development urban regeneration, urban regeneration and building control.

(i)      adoption of measures for the promotion of physical planning, urban development, urban regeneration and building control policies in the State;

(j)      conducting research on physical planning, urban development, urban regeneration, building construction and control.

(k)     creation and administration of data base for physical planning urban development, urban regeneration, building construction and control in the State;

(l)      consideration of all matters referred to it by the State Executive Council, other government ministries, agencies and the general public;

(m)    liaising with agencies of other government including Federal, States and Local Government in the executive Council, other government ministries, agencies and the general public;

(n)     regulating the location, positioning, dimensions, appearance, display and manner in which urban furniture shall be affixed to land in the State; 

(o)     prescription of fee, chargeable for its services;

(p)     executing such other planning, urban development, urban regeneration and building control funtions and duties as may be assigned to it by the Governor.

Powers of the Commissioner

3.       The Commissioner shall have powers to—

(a)     review the issuance of Planning Permits by the relevant Authority and Agencies.

(b)     direct any relevant Authority/Agency established under this law to seal up any premises for any alleged contravention of any physical planned, urban development, urban regeneration or building control law and regulation, for the purpose of enforcement and compliance;

(c)     direct any relevant Authority/Agency established under this Law to demolish any unauthorised structure or development on, under, or over any land or or seabed in the State after the issuance of appropriate notices;

(d)     authorise the entry into any premises

(e)     delegate specific responsibilities and functions for implementation to any Agency established under this Law and to any other person and;

(f)      organise stakeholders meetings for the purpose of deliberating on any matter under this Law.

Assent of the Governor for Special Building Projects.

4.       The assent of the Governor shall be obtained in respect of development of special building projects.

Procedure to be adopted for the Preparation and Review of Development Plans.

5-(1) The relevant Physical Planning Agency in the State shall, with the approval of the Commissioner:

(a)     set up programmes for the preparation and review of development plans and the reviews of an Operative Development Plan which shall take place periodically as may be determined by the relevant agency;

(b)     approve where it considers appropriate, certain plan(s) as shall be drafted and processed for approval in defined parts;

(c)     direct that same sections of the Operative Development Plans be reviewed, revised, redrafted and processed for approval.

(2)     For the purpose of preparing Development Plans in the State, the ministry or relevant Agency shall from time to time invite relevant stakeholders including Ministries, Agencies, Non-Governmental Organisations, Professional Bodies and Individuals for the purpose of considering any matter relating to physical planning and urban development.

Publication and Preparation of Draft Development Plans

6-(1) Notice shall be given in the Official Gazette and in at least two daily newspapers circulated within the State and by other specified means, of the date on which preparations shall commence for a draft plan or for reviewing an Operative Development Plan or part of it and the Official Gazette Notice shall, where appropriate, provide the following information:

(a)     the collation, boundary, geographic co-ordinates and description of the proposed area for the Development Plan(s);

(b)     a general description of the type(s) of development proposed and working population;

(c)     matters which could be contentious; or

(d)     any other matter of public interest.

(2)     After the publication of a draft Development Plan, the Ministry or relevant agency shall ensure that there is:

(a)     acknowledgement of all written submission which shall be kept on record until the draft Development Plan becomes the Operative Development Plan.

(b)     consideration of all written submission, relevant information and suggestions;

(c)     convening of public meetings, public hearings and interviews to discuss and decide on the relevance of written comments it considers necessary; and

(d)     submission of all written comments together with a summary of such comments on the draft plan.

(3)     On receipt of the draft Development Plan, the Ministry  or the relevant Authority/Agency shall:

(a)     direct that specific amendments be made to meet requirements which are considered necessary in the public interest; and

(b)     approve that the draft Development Plan, as submitted or as amended in accordance with its directions as stated in paragraph (a) of this subsection, is suitable for exhibition.

Exhibition of Draft Development Plan

7.-(1) A draft Development of Plan or part of it shall be made available for public inspection at the Ministry and the Agencies offices between the hours of 9.00 a.m. and 4.00 p.m or working days for a period of twenty –eight (28) days.

(2)     During such period, the plan shall be advertised in at least two daily newspapers circulated within the State and in specified medial stating the places and hours at which the Plan may be inspected.

(3)     A copy of the draft Development Plan shall be available to any person on the payment of a prescribed fee as may be specified from time to time.

Submission of Objection to Draft Plan by members of the Public

8.-(1) During the period of the draft Development Plan as set out in Section 7 of this Law, any member of the public including Non-Governmental Organization State Ministries, Agencies, Local Governments and Professional Bodies, may submit to the Ministry or the relevant Agency, written statements of their objections which shall:

          (a)     define the nature and reasons for the objection(s);

          (b)     suggest alterations and amendments that could be made to resolve the objection(s).

(2)     Such suggestions shall be made by the objector personally or through  relevant appropriately registered professional as advocate to the objector.

(3)     All written statements of objections shall be acknowledged.

Schedules of Summaries of objections and Comments.

9-(1) The Ministry or relevant Agency shall prepare schedule of summaries of the objections, comments and suggestions submitted to it.

Consideration of Comments and Objections.

10.     The Ministry or relevant agency shall within sixty (60) days after final date of exhibiting a draft development plan, consider the schedules of objections and comments submitted to it.

Procedure for Amendment of Draft Plan

11.     The Ministry or relevant or relevant Agency may give preliminary consideration to any objection in the absence of the objector and may propose amendments to the draft Plan in the public interest.

Withdrawal of Objection

12.(1)         Where an objection has been conditionally withdrawn and the ministry or relevant Agency does not proceed with the proposed amendment, the written statement of objection shall be considered at a meeting.

(2)     The objector shall be given reasonable notice of such meeting, which he or his representative may  attend and shall be heard.

Notice of Amendment

13.(1)         Where an amendment appears to affect any approved land use or development project which has been granted development permit, notice of such amendment shall be given to the applicant by registered post or advertisement or other practicable means.

(2)     Any written objection received within fourteen (14) days after giving otice under subsection (1) shall be considered at a meeting of the Ministry or relevant Agency where the objector, other objectors or their representatives may be present and shall be heard.

(3)     Upon the consideration of any objection in accordance with subsection (2) of this Section, the Ministry or relevant Agency may reject the objection in whole or in part or may cause amendments to be made to the draft Development Plan in order to wholly or partially satis fy such objection.

(4)     The final decision of the relevant Agency shall be communicated in writing to the parties within a week from the date of the decision.

Meetings.

14.(1)         The Commissioner shall preside at any meeting for the consideration of a Development Plan in the Ministry.

(2)     The Commissioner on the advice of the General Manager of the relevant Agency shall call for a meeting for the consideration of any Development Plan.

(3)     The General Manager shall  preside at any other meeting of the relevant Agency.

Additional Power of Amendment

15.-(1)The draft Development Plan made under Section 5 of this Law may be amended after exhibition, but only before it is approved by the Commissioner on the advice of the relevant agency.

(2)     Every amendment to a draft Development Plan made under section 6(3) of this Law shall be exhibited for public inspection between the hours of 9.00 a.m and 4.00 p.m. on working days for a period of fourteen (14) days and during such period be advertised in at least two (2) daily newspapers circulated within the State.

(3)     A copy of an amended draft Plan made under this Section shall be made available to any person on payment of such fee as may be prescribed from time to time.

Objection to Development Plan.

16.     Any person affected by an amendment to a proposed draft Development Plan made under this Law may make an objection within a period of twenty-one (21) days in the manner provided for under Section 8 of this Law.

Submission for Approval.

17.     After the consideration of objections of the draft final Development Plan with or without amendments, shall be submitted to the Commissioner for approval together with:

          (a)     any objection made and not withdrawn;

(b)     a schedule of the amendments made, if any, with a view to meeting such objections; and

(c)     copies of the minutes of meetings ad hearing held in relation to the consideration and hearing of the objections and amendments of the draft Development Plan.

Operative Development Plan.

18.-(1)Subject to the provisions of this Law upon the submission of a final Development Plan, the Commissioner on the advice of the relevant Agency.

          (a)     approve it in part;

          (b)     approve it in whole;

          (c)     decline approval; or

(d)     refer it to the relevant Agency for further consideration and amendment of the whole or part thereof.

(2)     A Final Development Plan approved under this Law shall be referred to as an “Operative Development Plan” and a notice to this effect shall be published in the State Official Gazette and two (2) daily newspapers or published in any other suitable manner as may be prescribed by the Agency.

Correction of Operative Development Plan.

19.     There shall be a Notice in the Official Gazette of intention in correct any omission or error in any Operative Development Plan as well as due publicity for the correction or omission

Deposit of Operative Development Plan

20.(1)         Copies of the Operative Development Plan, duly signed by a Development Plan authorised Officer, shall be deposited in the Ministry, and with other organs of government responsible for its implementation, execution, administration, enforcement and compliance, and such plans shall be available for inspection between the hours of 9.00 a.m. and 4.00 p.m. on working days.

(2)     Copies of the Operative Development Plan shall be made available for sale at a price to be determined by the Ministry.

Revocation of Operative Development Plan.

21.-(1)The Commissioner on the advice of the relevant Agency Authority may:

          (a)     revoke in whole or in part, any Operative Development Plan;

          (b)     refer any Operative Development Plan or part of it to the relevant Agency for;

                   (i)      replacement by a new Development Plan or part of it or,

                   (ii)      Amendment

(2)     Notification of any revocation under subsection (1) of this section shall be published in the Official Gazette and indicated on all the copies of the Operative Development Plan deposited for inspection as required by Section 20 of this Law, as well as any other means of communication or publicity.

(3)     With reference to subsection (1xb) o this Section, a replacement or amendment of an Operative Development Plan or part of it shall be prepared approve and deposited in accordance with the provisions of this Law.

(4)     An Operative Development Plan referred for review and amendment shall be replaced by a new Operative Development Plan or read as one with any approved amendment as the case may be.

Correction of Final Operative Development Plan

22.-(1)All government agencies involved in processing applications for planning permit shall comply with the provisions of the Operative Development Plan.

(2)     All applications for planning permit shall comply with the provisions of the Operative Development Plan.

Review of Operative Development Plan.

23.     Without prejudice to Section 5 (1) of this Law, the review of an Operative Development Plan shall be undertaken every five(5) years

Part II – LAGOS STATE PHYSICAL PLANNING PERMIT AUTHORITY

Establishment of the Planning Permit Authority.

24.     There is established the Lagos State Physical Planning Permit Authority (referred to in this Law as the “Planning Permit Authority”).

The General Manager of the Planning Permit Authority.

25.-(1)        There shall be appointed by the Governor for the Planning Permit Authority a General Manager who shall:

(a)     be a holder of a recognized qualification and professional registration in Town Planning; and

(b)     who shall have not less than fifteen (15) years cognate post profession registration experience.

(2)     The General Manager shall be the Chief Executive Officer of the Planning Permit Authority and shall be responsible for the—

          (a)     general administration; and

(b)     execution of the functions conferred on the Planning Permit Authority under this Law

Functions of the Planning Permit Authority.

26.     The Planning Permit Authority shall be responsible for—

(a)     Processing and issuance of all planning permits in the State, subject to the provisions of this Law and Regulation made pursuant to this Law;

(b)     Monitoring and ensuring compliance with the provisions of approved and Operative Development Plans, Approval Orders and Regulations made under this Law;

(c)     Establishing District Planning Permit Offices for the discharge of its functions with the approval of the Governor on the recommendation of the Commissioner;

(d)     Establishing Local Planning Permit Offices in cooperation with the Local Governments and Local Council Development Areas for the discharge of its functions at the Local Government level with the approval of the Governor on the recommendation of the Commissioner;

(e)     Preparation and periodic review of the following categories of Physical Development Plans:

          (i)      District Plans;

          (ii)      Development Guide Plans;

          (iii)     Town Plans; and

          (iv)    Local Plans.

(f)      Referring any plan prepared by it to the Ministry for the purpose of obtaining the approval of the Commissioner;

(g)     Keeping records of planning permit application grated, rejected or withdrawn and publication of the lists in the State Official;

(h)     Evaluation of Physical Planning Technical Report in consultation with Ministry.

(i)      Preparation and review of Physical planning regulations in consultation with the Ministry;

(m)    Exercise other powers as may be conferred on it by Regulations made pursuant to this Law.

Planning Permit.

27.-(1)        The permit of the Planning Permit Authority shall be required for any physical development in the State.

(2)     A developer of any building above two floors shall insure his/her liability in respect of construction risks and submit a certified true copy (C.T.C) of such Insurance Policy Certificate with his/her application for planning permit.

(3)     A developer shall make provision for access, safety and toilet facilities for physically challenged persons in all public and commercial buildings.

Application for Planning Permit

28.(1)         A developer (whether private or government) shall apply for a planning permit in such manner, using such forms and providing such information and documents as may be prescribed by the Regulations made under this Law.

(2)     An application made under this Law shall comply with all requirement and standards of  an Operative Development plan of which it is a part.

(3)     A plan required to be made under this Law shall be prepared by the appropriate registered professional and shall be in accordance with the provisions of the Regulations made pursuant to this Law.

(4)     An application for a Planning Permit to develop or partition a structure or subdivide or partition land shall be in conformity with the Planning Regulation made pursuant to this Law.

(5)     Any Planning Permit granted shall satisfy the provisions of the State Land Policy and the Land Use Act.

(6)     No development shall be commenced by any government or its agencies without obtaining a permit from the Planning Permit Authority.

Submission of Technical Report.

29.     A developer shall at the time of submitting his application for planning permit submit a detailed Technical Report as prescribed by the Regulations made pursuant to this Law

Grant of Rejection of Planning Permit.

30.     The Planning Permit Authority may approve or reject an application for Planning Permit.

Grounds for Rejection of an Application for Planning Permit.

31.(1)         An application for a planning permit may be rejected if—

          (a)     the application is not in accordance with the Operation Development Plan;

(b)     in the opinion of the Planning Permit Authority, the proposed development is likely to cause nuisance or have major impact which cannot be adequately mitigated on the environment, facilities, or inhabitants of the community or in the public interest; or

(c)     the development is not in accordance with any other condition as may be specified by Regulations made under this Law.

Delay of Planning Permit.

32.-(1)The Planning Permit Authority may if circumstances so require delay the approval of an application for planning permit until the developer:

          (a)     satisfies the following conditions:

                   (i)      provision of infrastructure and service facilities;

                   (ii)      provision of necessary commercial facility;

                   (iii)     provision of necessary social, recreational and communal facilities; or

(iv)    payment of a sum of money to the Planning Permit Authority in lieu of the provisions of (i), or (ii) or (iii) of this subsection;

(b)     enters into an agreement with an individual, corporate or unincorporated boy in respect of any matter which the Planning Permit Authority deems to be necessary for the development;

(c)     pays such fees or other charges as prescribed by the Planning Permit Authority; and

(d)     complies with any other condition stipulated by Regulations made under this Law.

(2)     In reaching its decision under sub-section (1) of this Section, the Planning Permit Authority shall comply with.

(a)     the policies and proposals of an Operative Development Plan applicable to a locality within its area of jurisdiction;

(b)     a proposed plan or an approved plan under review; and

(c)     any other consideration made particular and applicable to a locally by Regulation made under this Law.

(3)     The Planning Permit Authority may delay the approval of an application for planning permit for a period of time not exceeding three (3) months from the date of submission of the Application.

(4)     The decision of the Planning Permit Authority on an application for a planning permit shall be communicated to the applicant in writing not later than three (3) months from the date of submission of the application.

(5)     Where the Planning permit Authority decides not to approve an application shall give reasons for its decision in writing.

(6)     The decision of the Planning Permit Authority shall be evidence of information stated in it.

Consideration of Representation by Developer.

33.     The Planning Permit Authority may consider representations made to it by a person, body or organization to be affected by an intended development.

Grant of Planning Permit

34.     The Planning permit Authority may under this Law grant a permit with or without conditions to an applicant in respect of the following:

          (a)     use and development of land    

(b)     change in the used of land, seabed or structure or part of structure;

          (c)     alteration of an Approved building structures;

          (d)     renovation of existing approved building structures 

          (e)     Demolition of the existing structure by the owner/developer.

Approved Planning Permit.

35.     Any approval granted under this Law by the Planning permit Authority shall be referred to as “Planning Permit”

Compliance with Planning Permit.

36.     The Holder for the time being of a planning permit shall comply with the  contents of the permit.

Validity of Planning Permit.

37.(1)         Any Planning Permit granted in respect of any development on any land shall be deemed valid.

(2)     A Planning Permit shall become invalid where development has not been commenced within two (2) years of the grant of such permit.

(3)     Where a developer fails to commence development within two (2) years, the planning permit shall be subject to revalidation by the Planning Permit Authority on the payment of prescribed fees provided that the Operative Development Plan has not been amended, varied or altered as provided for in this Law.

(4)     A Planning Permit shall not be deemed to confer ownership of the land on the applicant.

Enforcement of Rights and Duties attached to a Planning Permit.

38.     The Planning Permit Authority shall enforce all the rights and duties attached to a planning permit, against a developer provided that, where a developer transfers or assigns his interest, the Planning Permit Authority shall enforce all the rights and duties attached to a planning permit against a holder or occupier for the time being.

Register of Applications and Publication of Planning Permits.

39.-(1)The Planning Permit Authority shall keep a register or records of all application for Planning Permit submitted to it.

Provision for Planning of Trees and Greenery.

40.-(1)The Planning Permit Authority shall grant planning permit subject to the preservation of existing trees or greener or planting of new trees or greenery on the site of development by the imposition of necessary conditions.

(2)     Without prejudice to the provisions of any existing Law under the subject matter, the Planning Permit Authority shall make “Tree Preservation and Greener Orders” or securing such amenities within its area of jurisdiction.

(3)     If it appears to the Planning Permit Authority that the amenities or part of an area or an adjoining areas seriously injured by the condition of a garden, vacant site or open land, the Planning Permit Authority shall serve on the occupier or owner of such land a notice requiring such steps to be taken for abating an injury within such period of time as may be specified in the Notice.

(4)     The Notice referred to in subsection (3) of this Section shall contain a period of Thirty (30) days within which such injury shall be abated, failure of which the garden, vacant site or open land may be acquired by the State Government subject to the provisions of the Land Use Act.

Revocation of Planning Permit.

41.     Any Planning Permit granted under this law may be revoked in part or in whole on any of the following grounds:

(a)     the proposed development and used for which the Planning Permit was granted are no longer appropriate;

(b)     the site for which the Planning Permit was granted is required for overriding public purpose;

(c)     the Planning Permit was obtained fraudulently;

(d)     the developer or owner of the Planning Permit has developed in excess of the approval granted or, has not complied with the terms and conditions under which the permit was granted;

(f)      the permitted development has not complies with building control standards.

Payment of Compensation.

42.(1)         The State Government shall pay compensation for the revocation mentioned in Section 41 (a) and (b) to the extent of all Reasonable costs that may have been incurred by the owner or developer if:

          (a)     development has commenced;

(b)     the developer or owner is liable under an existing contract to a third party for damages for a breach of contract; or

(c)     the developer has incurred any expense or has suffer a loss during the process of obtaining the Planning permit.

Assessment of Compensation.

43.(1)         The amount of compensation payable under this Law shall be such as to reimburse the developer or holder for the time being of a planning permit for the losses incurred on the development as a result of the revocation and shall not be in excess of the sum incurred by the developer.

(2)     No compensation shall be payable under this Section if:

(a)     the right of occupancy of the land on which a development was to take place has been cancelled or revoked on the grounds that the applicant did not comply with the requirements of the Land Use Act; or

(b)     a claim for compensation is not made within ninety (90) days after a notice of revocation is served on the holder for the time being of a planning permit.

Period of payment of Compensation.

44.     Compensation payable under this Law shall be paid not later than ninety (90) days after a claim for compensation has been made.

PART III – THE LAGOS STATE BUILDING CONTROL AGENCY

Establishment of the Building Control Agency.

45.     There is established the Lagos State Building Control Agency (referred to in this Law as the “Building Control Agency”).

The general Manager of the Building Control Agency.

46.(1)         There shall be appointed by the Governor for the Building Control Agency a General Manager who shall be—

(a)     a hold of a recognized qualification and professional registration in architecture, civil/structural engineering or building; and

(b)     who shall have not less than fifteen (15) years cognate post professional registration experience.

(2)     The General Manager shall be the Chief Executive Officer of the Building Control Agency and shall be responsible for the—

          (a)     general administration; and

          (b)     execution of the functions conferred on the Building Control Agency under this Law.

Functions of Building Agency.

47.     The Building Control Agency shall be responsible for the:

          (a)     enforcement of building control regulations;

(b)     regulation and inspection of building works and, certification of various stages of building construction and keeping of such records;

(c)     removal of illegal and non-conforming buildings;

(d)     identification and removal of distressed buildings to prevent collapse;

(e)     issuance of Certificate of Completion and Fitness for Habitation;

(f)      provision of building services such as material evaluation and testing fire and public health control;

(g)     establishing Local Building Control Offices in cooperation with the Local Governments and Local Council Development Areas for the discharge of its functions at the Local Government level with the approval of the Governor on the recommendation of the Commissioner;

(h)     administration of building construction control in all its ramification;

(i)      conduct of research in building construction, maintenance and control;

(j)      cooperating with the Planning Permit Authority to achieve zero tolerance of illegal developments;

(k)     operational control and supervision of its Local Building Control Offices;

(l)      enforcing the provisions of this Law and any regulations made under this Law in respect of inspection of buildings, verification and certification of building insurance;

(m)    carrying out of public enlightenment on building control; and

(n)     exercising other powers as may be conferred on it by this Law and the Regulations made under this Law.

Building Insurance

48.-(1)A developer or owner of a construction involving a structure of more than two (2) floors shall at the time of submitting his application to commence building works to the Building Control Agency submit a General Contractors All Risk Insurance Policy Certificate.

(2)     An owner or occupier of a building shall within thirty (30) days of service of demand notice, produce the Certificate of Insurance to the Building Control Agency for verification and shall produce same on an annual basis.

(3)     An owner of a building or structure existing and in use before the commencement of this Law shall within three (3) months of its commencement submit the Certificate of Insurance to the Building Control Agency for verification.

PART IV – URBAN RENEWAL, IMPROVED AREAS, REHABILITATION AND UPGRADING

Establishment of the Urban Renewal Agency.

49.     There is established the Lagos State Urban Renewal Agency (referred to in this Law as the “Renewal Agency”).

The General Manager of the Renewal Agency.

50.-(1)There shall be appointed by the Governor for the Renewal Agency a General Manager who shall –

(a)     be a holder of a recognized qualification and professional registration in town planning; and

(b)     who shall have not less than fifteen (15) years cognate post professional registration experience.

(2)     The General Manager shall be the Chief Executive Officer of the Renewal Agency and shall be responsible for the –

          (a)     general administration; and

          (b)     execution of the functions conferred on the Renewal Agency under this Law.

Functions of renewal Agency.

51.     The Renewal Agency shall be responsible for—

(a)     monitoring and identifying areas qualified for upgrading and advising the State Government on redevelopment or renewal programmes accordingly;

(b)     preparing and implementing approved State urban upgrading and urban redevelopment projects;

(c)     holding, administering, and maintaining government acquired properties within redevelopment or renewal project areas.

Exercise of Powers under this Part.

52.     Where a Development Plan prepared by the Renewal Agency in accordance with Section 5 to Section 17 has been approved under Section 18 of this Law, the Renewal Agency may exercise the power set out in this part for the purpose of assisting in the implementation of that plan.

Improvement Area.

53.-(1)The Renewal Agency may after the Plan has been approved by an order published in the Gazette, designate and declare any part of the area for which such plan has been made to be an “Improvement Area” for the purpose of rehabilitating, renovating, and upgrading the physical environment, social facilities and infrastructure of the area.

(2)     The rehabilitation, renovation and upgrading may be brought about through the combined efforts of the residents of the area concerned and the Renewal Agency.

(3)     The Renewal Agency shall before declaring an area to be an improvement area, satisfy itself that the purpose set out in subsection (1) of this Section is reasonably likely to be achieved.

Consultation and Co-operation in Improvement Area.

54.-(1)The Renewal Agency shall before declaring any part of an area to be an improvement area;

(a)     use its best endeavour to inform the residents of the proposed improvement area by such means as if deems fit of the:

          (i)      purpose and intents of the proposed improvement;

          (ii)      powers vested in the Renewal Agency; and

(iii)     facilities which would be made available and benefits to be derived by the areas;

(b)     hold meetings with the Local Government of the area or any other associations in the area to:

(i)      ascertain the views of the residents on the proposed improvement area and the exercise of powers relating to it;

(ii)      set up liaison or consultative committees between the Renewal Agency and representatives of the resident to monitor the progress of the rehabilitation, renovation or upgrading in the area

(c)     inform other relevant statutory authorities f the proposed improvement area and invite their views and comments on it;

(d)     take into account the views and comments made under paragraphs (b) and (c) of subsection (1) of this Section and from other interested parties on the proposed improvement area.

(2)     The Renewal Agency shall, after declaring an area to be an improvement area:

(a)     hold regular meeting with the committees established under subsection 1 (b) (ii) of this Section;

(b)     assist or join other persons in assisting a resident or group of residents within the area to draw up and implement plans for the improvement of the neighbourhood;

(c)     generally advise and assist the residents of the areas to take full advantage of the improvement concerned.

Power to prepare an Improvement Plan.

55.-(1) The Renewal Agency 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 parts of land within the area or part of it;

(b)     grant, guarantee or otherwise facilitate the granting of loans to a person or group of persons to;

(i)      assist in the improvement, repair or renovation of houses within the area as may be directed by the Renewal Agency; or

(ii)      provide, improve, repair or renovate social and communal facilities within the area;

(c)     subject to the provision of this Law, demolish or order the demolition of a building or part of it and, where appropriate, recover the cost of the demolition from the owner of the building or part of it;

(d)     improve, repair or renovate or order the improvement, repair or renovation of a building or part of it and where appropriate, recover the cost of the improvement of repair from the owner of the building or part of it; and

(e)     pay compensation within 90 days on such terms and conditions as may be prescribed, to a person who suffers loss or damage through the exercise of its powers in the area.

(2)     The Renewal Agency shall have power to enter into agreement with persons or body corporate for the purpose of implementing its improvement plans.

Restriction of the Power to Demolish.

56.-(1)The power of the Renewal Agency to demolish or order the demolition of a building or part of it under this Law may not be exercised unless:

(a)     the building falls so far below the standard of other buildings used for habitation in the areas that it is likely to become a danger to the health of occupiers of adjacent building;

(b)     the building is in such a state of disrepair that it is likely to become a danger to public safety and cannot be repaired at a reasonable cost;

(c)     two or more contiguous buildings 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; or

(d)     it is in connection with the provision of infrastructural facilities and other services for the area.

Demolition Orders.

57.-(1)        The Renewal Agency shall before ordering the repair, demolition or renovation of a building or part of it:

          (a)     inspect the building or part thereof to ascertain its condition and situation;

(b)     where the proposed order is for a repair of a building or part of it prepare a schedule of necessary information which shall inform the owner or occupier of the building—

          (i)      of the proposed order and the reasons for it;

(ii)      the date, time and place where the Renewal Agency shall consider any representation or objections to the proposed order; and

          (iii)     of such other matters as may be prescribed by Regulations;

(c)     affix a notice of the proposed order on a conspicuous part of the building to which the order relates

(d)     appoint a committee of members of the Renewal Agency to hear, consider and report on any representation or objection which may be made orally and in writing by the owner or occupier or his duly authorised representative; and

(c)     where the proposed order is for the demolition of a building or part of it, prepare an estimate of the compensation payable to the owner or occupier of the building.

(2)     Where the Renewal Agency, after consideration of the report of the committee appointed under paragraph (d) of subsection (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 for it in such form as may be prescribed by regulations on—

          (a)     the owner or occupier of the building; or

          (b)     the person who made representations or objections to the proposed order.

(3)     An aggrieved owner, occupier or interested party of a building which is the subject of a demolition order, may appeal against the order as provided under Part vii of this Law.

(4)     An order made under this Section shall take effect where:

          (a)     there is no appeal against the order, at least 28 (twenty-eight) days after;

                   (i)      its service on the owner or occupier of the building; or

                   (ii)      the appeal has been finally determined or dismissed.

(5)     The Renewal Agency 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, or

(b)     where there is an appeal against the repair, renovation or demolition, until the appeal has been finally determined or dismissed.

Compensation for Demolition

58.-(1)Where, under this Law, the Renewal Agency proposes to demolish a building or part thereof used for human habitation it shall make recommendations through the Commissioner to the Governor for the acquisition of the property.

(2)     Compensation shall be payable to the owners or developers as provided for under the land Use Act.

PART V – ENFORCEMENT

Enforcement Notices

59.     Enforcement Notices shall included the following:

          (a)     Contravention Notice;

          (b)     Stop Work Order

          (c)     Quit Notice;

          (d)     Seal-up Notice;

          (e)     Regularization Notice; and

          (f)      Demolition Notice

Service of Enforcement Notice by Relevant Agencies.

60.-(1)The relevant agency may serve enforcement notices on the owner of a private or public, residential, commercial, industrial, Institutional, recreational or any other land use wherever any development is commenced without planning permit and building control authorization or, where the building constitutes danger to the occupier or public or, where the building is affected by a renewal programme.

(2)     An enforcement notice may be issued under subsection (1) of this Section, notwithstanding that the unauthorized development, renovation, alteration, repair or addition took place before the commencement of this Law.

(3)     An enforcement notice served under subsection (2) may direct the developer or owner to obtain planning permit or building control authorization or alter the structure to be in conformity with building regulations within ninety (90) days of the Contravention Notice.

(4)     An enforcement notice served under subsection (1) of this Section may direct the developer or owner to alter, discontinue or remove a development.

Conditions in order to alter, vary, etc.

61-(1)         Before serving an enforcement notice in accordance with the provisions of subsection (3) of Section 60 the relevant agency shall:

          (a)     have regard to the existing for granting a Planning permit;

(b)     have regard to the likely environmental degradation or impact of development carried out or being carried out; and

(c)     consider the overriding public interest without prejudice to paragraph (b) of this subsection.

(2)     The relevant agency may impose additional conditions as it may deem fit in each circumstance.

Requirement of Enforcement Notices

62.     An enforcement notice served under Section 60 by the relevant agency shall:

          (a)     be in writing and addressed to the developer or owner;

          (b)     state the reasons for the proposed action of the relevant agency;

          (c)     give time deadlines for response to the notice;

(d)     consider any representation made by a developer or owner, or on behalf of a developer or owner.

Address and Services of Enforcement Notices.

63.-(1)The notice shall be addressed to the owner, occupier, builder, contractor or those responsible for the illegal structure, works or development and is deemed to have been duly and validly served by pasting or affixing such notice and marking on any part of the structure, premises or when handed to any representative of the developer found at the site.

(2)     Where service of notice is effected by pasting or affixing on any part of a structure or premises, the person effecting service shall make photographic evidence of the pasting or fixing of the notice.

Enforcement of Order.

64.     The relevant agency shall enforce an order of the Appeals Committee or of the High Court of Lagos State against a developer or holder for the time being of a planning permit who fails to comply with such an order.

Liability for Expenses.

65.     A developer or holder for the time being of a planning permit shall be liable for the expenses reasonably incurred by the relevant agency or any of its officers or agents, as the case may be, in enforcing the provisions of this Law.

Stop Work Order.

66.(1)         Where it appears to the relevant agency that:

          (a)     an unauthorised development is being carried out; or

(b)     a development does not comply with a planning permit issued by the relevant agent; or

(c)     a development is defective or poses danger to the owner, contractor , occupier, or the public, or constitutes a nuisance to the occupier or public, the relevant agency shall issue a Stop Work Order on the owner, occupier, or contractor or holder for the time being of a development pending the service of any other enforcement notice, and such owner, occupier, etc. Shall immediately cease any further development or use of the development.

(2)     where a development or use is a minor development or use, the relevant Agency shall have the power to order the developer to discontinue, alter, or remove the development or use.

Extension of Stop Work Order.

67.     Where enforcement notice is served in respect of a development to which, a stop work order is served, the Appeals Committee may on the application of the relevant agency extend the period of time for which a stop work order shall remain in force.

Effect of Enforcement Notices.

68.     Every enforcement notice served as provided in this Law shall take immediate effect upon service on a developer, occupier, contractor or owner of the development for the time being.

Penalty.

69.     Any person who failed to comply with the terms of an enforcement notice issued and served under this Law shall be guilty of an offence and liable on conviction to a fine as specified in this Law and Regulations made under this Law.

Power of Relevant Agency on Contravention.

70.-(1)Where a developer contravenes the provisions of this Law or any Regulation made under it, the relevant agency shall have power to require the developer to—

          (a)     submit an application for planning permit and building control authorization; or

(b)     carry out such alterations to the building as may be necessary to ensure compliance; or

(c)     pull down the building; or

(d)     reinstate a piece of land to its prior state.

(2)     Where a developer fails to comply with the provisions of subsection (1) of this Section, the relevant agency shall carry out demolition of the structure without further notice, and recover cost of demolition from the owner or developer.

(3)     Where the owner or developer refuses to pay the cost of demolition within 3 (months) of service of a demand notice, such property shall be forfeited to the Lagos State Government.

Defective Structures.

71.-(1)The Building Control Agency shall have powers to serve on a developer or holder for the time being of a planning permit, a demolition notice if a structure erected by the developer or holder of the permit is found to be defective as to pose danger or constitute a nuisance to the occupier or public.

(2)     Notice served in sub-section (1) of this Section shall contain a date not later than 21 (twenty-one) days on which the Building Control Agency shall take steps to commence demolition of the defective structure.

Power of building Control to Agency to Demolish Defective Buildings.

72.-(1)After the expiration of the time specified in the notice served under sub-section (2) of Section 71 of this Law, the Building Control Agency shall demolish the defective structure and recover cost of demolition from the owner or developer.

(2)     Where the owner or development refuses to pay the cost of demolition within 3 (three) months of service of a demand notice, such property shall be forfeited to the State Government.

Power of Relevant Agencies over Abandoned Buildings.

73.     The relevant agency shall have power over any abandoned building in the State in the following ways:

          (a)     seal up the property to prevent its conversion by unauthorised persons;

          (b)     unseal the property upon satisfaction that it is structurally stable; or

(c)     unseal the property where the owner or developer submits a written application  supported by an affidavit that he is ready to continue further development or reoccupy the building within fourteen (14) days of the unsealing; or

(d)     make the owner of the structure pay penal fees to be determined from time to time before such structure is unsealed.

Forfeiture of Property on Collapse of Building or Structure.

74.     In the event of the collapse of any property or structure due to negligence on the part of the owner, or the developer, such property shall be forfeited to the State Government after due investigation and or publication in the State Official Gazette

Offences and Penalties.

75.-(1)Any person who contravenes the provisions of this Law and Regulations made pursuant to this Law is guilty of an offence and shall be liable on conviction to a fine not exceeding the sum of Two Hundred and Fifty Thousand Naira (N250,000.00) or One (1) month of Community Service or both.

(2)     Any person who breaks any seal or, removes any marking placed upon any property by or with the orders of the relevant agency commits an offence and shall on conviction be liable to a fine not exceeding the sum of Five Hundred Thousand Naira (500,000.00) or two (2) months Community Service or both;

(3)     Any  person who fails to insure his building as required under this Law commits an offence and shall on conviction be liable to a fine not exceeding the sum of Two Hundred and Fifty Thousand Naira (N250,000.00) or one (1) month Community Service or both.

(4)     Subject to any restrictions or conditions prescribed by the Constitution or any other law, a Magistrates’ Court shall have jurisdiction and powers in respect of trial of offences contained in this Law or Regulations made pursuant to this Law.

(5)     Where any cost is incurred by the relevant agency in the course of demolition or removal or enforcement of compliance, such cost shall be assessed and communicated in writing to the owner, builder, developer, occupier or any other person responsible for the illegal structure demanding for reimbursement of the cost.

(6)     Any person who fails to pay the assessed cost of demolition shall be guilty of an offence and be liable to a fine not exceeding the sum of One Hundred Thousand Naira (100,000.00) or one (1) month Community Service in addition to the payment of the assessed cost referred to ain subsection (5) of this Section.

(7)     Where an offence under this Law is committed by a body corporate, the time on conviction shall be twice the fine imposed for the commission of such offence or payment of a fine not exceeding the sum of Two Hundred and Fifty Thousand Naira (250,000.00) where there is no option of fine.

(8)     Where the act constituting an offence under this section continues after the service of the relevant notices, the offender upon conviction in addition to the penalty for the offence shall be liable to additional fine not exceeding One Thousand Naira (N1000.00) for every day the offence continues.

(9)     For the purpose of this Section, “any person” shall include an owner, his servants, agents or privies, a developer, an independent contractor, architect, engineer or builder and each of these persons who knowingly participated in contravening the provisions of this Law or any Regulation  made under this Law.

PART VI – ACQUISITION OF LAND AND COMPENSATION

Power to Acquire Land.

76.-(1)Where it appears to the Commissioner 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 Operative Development Plan, any right of occupancy subsisting on that land may be revoked on recommendation to the relevant agency.

(2)     Any right of occupancy referred to in subsection (1) of this Section shall be revoked only in accordance with the relevant provisions of the Land Use Act.

Payment of Compensation.

77.-(1)All matters connected with the payment of compensation for the revocation of a right of occupancy under this Part 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 part shall be paid within twenty-eight (28) days.

(3)     Where in the opinion of the relevant Agency, a person has committed a gross contravention of an existing scheme, the land together with the building on it may be forfeited for the breach of the scheme under this Law without payment of any compensation.

Facilitation and Execution of Operative Development Plan.

78.     Notwithstanding any provision of this Law, the relevant agency may when it deems it necessary:

          (a)     facilitate the execution of the Operative Development Plan;

(b)     make payment or reasonable compensation to any person who had developed or who is carrying on lawful development who sustains a damage or suffers any loss while if his land is affected by—

          (i)      injurious affection; or

          (ii)      disturbance; or

(iii)     displacement in order to give effect to any provisions of this Law or Regulations made under the Law.

PART V11 – APPEALS AND OTHER MATTERS

Establishment of Appeals Committee

79–(1)There is established a body to be known as the physical planning and building control agency appeals committee (referred to in this Law as “the Appeals Committee”)

Composition of the Appeals Committee

80–(1)The chairman and members of the Appeals Committee shall be appointed by          the governor on the recommendation of the relevant professional bodies.

          The Appeals Committee shall comprise of;

(2)     The chairman who shall be  a registered professional in the built environment with at least fifteen (15) years cognate post registration experience.

(3)     The following members who shall be registered members of the relevant professional bodies with not less than ten (10) years cognate post       registration experience;

(a)     a town planner;

(b)     an architect

(c)     a legal practitioner;

(d)     an engineer;

(e)     a land surveyor;

(f)      a builder;

(g)     an estate surveyor and valuer

(h)     a quantity surveyor;

(i)      a representative of the Ministry of physical planning and urban development

(j)      two(2) members of the public of suitable standing and not members in the built environment          profession; and

(k)     a secretary who shall be a registered Town Planner in the Civil Service of the state and not less than Grade Level 14.

Functions of the Appeals Committee

81.     The functions of the Appeals Committee shall include –

(a)     investigation of petitions sent to it on Physical Planning, regeneration or building control matters;

(b)     consideration of appeals from members of the public on the decisions of the relevant agency;

(c)     investigation of complaints concerning officials on matters relating to the grants of Planning permits

(d)     recommendation of appropriate remedial action;

(e)     submission of an annual report to the Commissioner; and

(f)      advise on matters referred to it by the commissioner or relevant agency or other Departments and agencies of government and the general public.

Powers of the Appeal Committee

82.     The appeals committee shall have powers to:

(a)     investigate and decide on;

(i)      all public complaints concerning decisions on development permit application. Developing   plans, layouts or schemes, change of use, approval – in – principle, demolition, conduct of planning or building control officials  and  service of notices; and

(ii)      dispute arising from compensation or other matters affecting physical planning and development and building control in the state.

(b)     invite any member of the public including officials for interview in the course   of carrying out its      investigation for the purpose of obtaining information or  advise;

(c)     call for documents, plans, schemes, files, in the course of its investigation

(d)     consult the Physical Planning law and regulations of the state in its proceedings;

(e)     recommend the approval or withdrawal or reinstatement of any planning permit granted.

(f)      recommend the suspension of further physical development activities in relation to a building, site or premises the subject of investigation; and

(g)     enter any building, site or premises the subject of investigation

Recommendations of the Appeals Committee

83.     The appeals committee shall make recommendations for the consideration of         the Governor through the Commissioner.

Proceedings of the Appeals Committee

84-(1) The Appeals Comitte shall regulate its own proceedings, operations and meetings

     (2) Quarum shall be by a simple majority of the members of the Appeals Committee.

Sittings of the Appeals Committee

85–(1) The chairman of the Appeals committee shall cause a sitting of the Appeals committee once a        month or as may be deemed necessary to hear appeals.

(2)     The aggrieved owner, occupier, developer or interested party may attend sittings of the committee and shall be heard if he so desires or through  his authorized representatives.

Remuneration and Allowances

86.     The Chairman and members of the Appeals Committee shall be paid such remuneration and allowances as may be approved by the Governor from     time to time.

Tenure of Office of the Appeals Committee

87-(1)         The chairman and members of the Appeals Committee shall hold office for  3(three years) and shall be eligible for re –appointment for another  term  of three years by the Governor on the  recommendation of the  Commissioner,

(2)     The office of the Chairman or a member 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    through the Commissioner;

(c)     without good cause he absents himself from sittings for the hearing of an  appeal referred to the       Committee on three consecutive occasions;

(d)     he is adjudged bankrupt by a court of competent jurisdiction;

(e)     he is so incapacitated either by reason of illness or otherwise as to make him  incapable of attending meetings of the committee;

(f)      he is adjudged to be of unsound mind;

(g)     his appointment is terminated by the governor in the interest of the     Public;

(h)     he is found guilty of professional misconduct by the relevant professional registration council in Nigeria; and

(i)      he is convicted of corruption by a court of law

(3)     The office of the chairman or member shall also be vacant by reason or good            cause

(4)     For the purpose of subsection (3) of this Section “good cause” means –

(a)     failure to disclose a professional involvement in the case before the Appeals  Committee at its earlier or prior stage; and

(b)   having direct or indirect propriety or pecuniary interest in the case before   the Appeals Committee

The Secretariat

88.       The Office of the Secretary shall serve as the Secretariat for the appeals   committee

Appeal Against Decisions of the Committee

89.-(1) An aggrieved person or any interested party may appeal against the decision of the Appeals Committee and such appeal must be made within twenty-eight(28) days after notification of the  final decision of the committee has been communicated.

(2)     An appeal against the decision of the Appeals Committee shall lie as of right to the high Court of the State, and the appeal must be made within twenty –eight (28) days after written notification of the final decision of the Committee.

Establishment of the Technical Advisory Committee

90.     There is established a body to be known as the Technical Advisory Committee on Physical           Planning and Building Control (referred to in this Law as “the advisory Committee”)

Composition of the Advisory Committee

91.     The Advisory Committee shall be comprised of;

(1)     The Chairman and members of the Advisory Committee shall be appointed by the governor on the recommendation of relevant professional bodies.

(2)     The chairman shall be a registered professional in the built environment with   at least fifteen (15) years cognate post registration experience.

(3)     The following members shall be registered members of the relevant professional bodies with not less than 10 years cognate post registration     experience:

(a)     a town planner;

(b)     an architect;

(c)     a legal practitioner;

(d)     an engineer;

(e)     a land surveyor;

(f)      a builder;

(g)     an estate surveyor and valuer;

(h)     a quantity surveyor;

(i)      two(2) members of the public of suitable standing and not members in the built environment profession.

(j)      a representative of the Ministry of physical Planning and Urban Development of not less than a director grade level and;

(k)     a secretary who shall be a registered member in the built environment profession and a serving         officer in the Civil Service of Lagos State and not     less than Grade Level 14.

Functions of the Advisory Committee

92–(1) The advisory committee may make recommendations and give advice for the proper carrying out of the provisions of this Law with respect to all or any of the following matters;

(a)     implementing Operative Development plans in the state;

(b)     The fees payable in respect of any application for planning permit and building control authorization and other incidental matters.

(c)     Granting exemption from any fees.

(d)     Fees payable for service rendered by the relevant agencies directing the time and place of payment of such fees;

(e)     Forms of all notices required to be given or sent under this Law and the issuance and service of same.

(f)      The control, whether by prohibition or otherwise of a Development Plan

(g)     The regulation of the operation of physical and building control activities;

(h)     submission of an animal report to the Commissioner;

(i)      advise on matters referred to it by the Governor through the Commissioner or relevant agency or other departments and agencies  of government  and the general public; and

(j)      Any other matter incidental to Physical Planning and Building Control activities in the State.

Proceedings of the Advisory Committee  

93-(1)         The advisory Committee shall regulate its own proceedings operations and meetings.

(2)     Quorum shall be by a simple majority of the members of the Advisory Committee.

PART VII – APPEALS

Sittings of the Advisory Committee  

94-(1)         The Chairman of the Advisory Committee shall call a sitting of the committee           once a month or    as may be deemed necessary to consider issues relating to its functions.

(2)     The aggrieved owner, occupier, developer or interested party may attend sittings of the Advisory Committee and shall be heard if he so desires or through his authorized representatives;

(3)     The advisory committee may invite interested persons with or without by such persons to attend its sittings for the purpose of obtaining information or advise.

Remuneration and Allowance

95.     The Chairman and members of the Advisory Committee shall be paid such remuneration and allowance as may be approved by the Governor from time        to time.

Tenure of Office of the Advisory Committee

96.     The chairman and members of the Advisory Committee shall hold office for three(3) years, and shall be eligible for re-appointment from another term of three years by the Governor on the recommendation of the commissioner.

Cessation of Office

97-(1)         The office of the chairman or a member 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 through the commissioner;

(c)     without good cause he absents himself from sittings of the committee on three consecutive occasions;

(d)     he is adjudged bankrupt by a court of competent jurisdiction;

(e)     he is so incapacitated either by reason of illness or otherwise as to make   him incapable of attending meetings of the committee

(f)      he is adjudged to be of unsound mind;

(g)     his appointment is terminated by the governor in the interest of the public;

(h)     he is found guilty of professional misconduct by the relevant professional registration council in                                            Nigeria and

          (i)      he is convicted of corruption by a court of law

(2)     The office of the Chairman or member shall also be vacant by reason of good cause.

The Secretariat

98.     The office of the Secretary shall serve as the Secretariat for the advisory committee.

Power to make Regulations

99-(1)         The commissioner on the recommendation of the relevant Agency may make           regulations for the purposes of carrying into effect the provisions of this Law including implementing development planning relating to the following;

(a)     the format, scales, standard, notations and matters to be included and covered in all types of physical development plans;

(b)     the format, documents, survey plans, development plans and matters           to be  dealt with in all applications for planning permit;

(C)     the form and content of the comprehensive records that must be kept of all applications for planning permits; and

(d)     prescribing in particular the fees payable in respect of any application for planning permit and other matters incidental to it.

(2)     The commissioner shall have power to make regulations determining the forms and contents of physical development plans in the state and the said power shall come within the following:

(a)     outline development plans as specified in the first schedule to this Law

(b)     the preparations of development plans by the planning permit authority and

(c)     the mode of objection to physical development plan or scheme;

(d)     the preparation of scheme by relevant agencies of the state and the execution of such schemes.

(e)     applications for grant of physical planning permit and building control authorization; and

(f)      to set standards of building work for construction of buildings and structures with documents containing practical and technical guidance on compliance.

(3)     The commissioner shall have power to make regulations on the recommendations of the           Building control Agency for the regulation of building control standards and any matter incidental to it.

(4)     The commissioner shall have power to make regulations for the location, position dimensions, appearances, display and manner in which urban furniture shall be affixed to land.

Savings

100-(1)Subject to the provisions of this Law, any planning permit granted in respect of any physical development in any part of the state before the commencement of this Law, is deemed valid.

(2)     The Lagos state regional plan 1980-2000, metropolitan and master plan 1985 -2000 as amended from time to time shall remain valid subject to any enactment of the Lagos state House of Assembly.

(3)     The Guidelines for approval of Layout published under L.S.L.N. NO 6 of 1983 shall remain valid subject to any enactment of the Lagos state House of assembly.

(4)     The town and Country planning (Governing conditions for development of estates by private developers) regulations 1999 L.S.L.N No 15 shall remain valid subject to any enactment of the     Lagos State House of Assembly.

Repeals

101-(1) The Lagos State urban Renewal Board Law No7 of 1991 Cap 153 Laws of Lagos State 2003 is repealed.

(2)     The Lagos state Urban and Regional Planning and Development Law, No 9 of 2003 is repealed.

(3)     The Lagos state urban and regional planning board law No. 2 of 1998 Laws of Lagos state is repealed.

Interpretation

102.   In this Law, unless the context otherwise requires:

Abandoned Building” includes an existing previously occupied but vacated building and left in that condition for a period of up to five years, or a        building which is under construction but on which work has ceased for up to five years;

“Commissioner” means the Commissioner who for the time being is charged with the responsibility for Physical Planning, Building Control and Urban development;

          “Constitution” means the Constitution of the Federal Republic of Nigeria 1999;

          “Developer” means a builder, contributor, creator, pioneer;

          “Development” means:

(i)      the carrying out of any building, mining, or other operation in, on over, or under any land, or

(ii)      the making of any material change in use of any land building or structure, or

(iii)     conversion of land, building or structure from its established or approved use, or

(iv)    placement or display of urban furniture on the land, on building or structure, or

(v)     making of any environmentally significant change in use of any land and,

(vi)    demolition of building including felling of trees;

“Development plans” means details, drawing and specifications for a development rendered at appropriate scales, dimensions and sizes as        prescribed by the Regulations made pursuant to this Law;

          “Gazette” means Lagos State Government Official Gazette;

          “Good cause” means failure to disclose a professional involvement in any matter before the Advisory Committee; having direct or indirect propriety or pecuniary interest in any matter before the Advisory Committee;

          “Governor” means Governor of Lagos state;

“Land” includes land covered with water and everything attached to the earth or permanently fastened to anything which is attached to the earth and also chattels real, and tenures of every description and any interest therein, and undivided shares of land.

          “Ministry” means Lagos state ministry of physical planning and Urban development;

          “Operative Development plan” means any plan that has formally been endorsed for implementation;

          “Planning Permit” means an approval or assent given for the time being to a development and includes, layout or subdivision plan, building control authorizations given at construction and post construction stages

“Person” means an applicant for or holder of development permit under this law and includes for the avoidance of doubts, an owner, his servant or agent, consultants, an independent contractor or a builder or a corporate or an unincorporated body registered under the relevant       Acts;

“Relevant Agency”  means the Lagos State Physical Planning Permit Authority, the Lagos state Building Control Agency, the Lagos state Urban        Renewal Agency and any other bodies that may be created under this Law;

“Rehabilitation” means a planning process whereby individual structures are improved to meet established building standards and criteria. It can also be called Renovation Scheme;

“Redevelopment” means a planning process where an existing old and decayed settlement or      neighborhood which has been declared a blighted area is completely pulled down and redeveloped from scratch and thereby creates a new and modern development in replacement of the old one.

“Renovation” means to rebuild, reclaim, recondition, reconstruct, rehabilitate, reinstate, rejuvenate, restitute, restore, a building (excluding painting);

          “State” means the Lagos State Government;

          “Special Building Project” includes refineries, petrochemical plants or complex, storage/holding tank farms, container/bonded terminals and other       developments that may be classified by the   relevant agencies as special building projects;

“Urban Furniture” Includes all those physical structures placed on the landscape and affixed to the land distinct from actual building and includes bus stops shelter, telecommunication antennae, mast and tower, cables and pipes, street neon signs, advertisements billboards, light    statute, artifact placement, fountains and direction finders;

“Urban Renewal” means a planning process geared towards a physical improvement of existing urban settlement to eliminate blight by any of the following methods; Redevelopment, upgrading or regeneration or rehabilitation, preservation and conservation;

“Up-Grading or “Regeneration” means a planning process whereby an existing but decaying urban area is improved in parts to meet established     physical planning; and

“waste land” includes land which for the time being is unworkable and includes borrow pit, land, degraded by erosion, abandoned waste dumps and land liable to flooding.

Citation and Commencement

103.   This Law may be cited as the Lagos State Urban and Regional Planning and Development Law and shall come into force on the 5th of July 2010.

FIRST SCHEDULE

PART 1 – COMPREHENSIVE (MASTER) DEVELOPMENT PLANS, FUNCTIONS

1.       The main function of comprehensive Development Plan is to present the Lagos state government’s broad intentions for the use and development of all areas within its jurisdiction in such a manner as to provide a statutory framework minimum standards and guidance for –

(1)     the preparation of state, Metropolitan District, and other more detailed plans;

(2)     the administration of the development plans and development control system.

PART II – MATTERS TO BE DEALLT WITH AND SCALE OF MAPS

2        SCALE

Scale of Maps for comprehensive development plans (Regional, state, metropolitan Areas, shall   be prepared to vary from 1:20,000 to          1:100,000.The planning permit Authority may approve deviation for specific       reasons; Scale of Maps for Development plans for small and medium towns           shall vary from 1:5,000 to 1:10,000

3.       SOCIO –ECONOMIC OPPORTUNITIES

Provision of social and economic opportunities appropriate to the employment, housing welfare        and needs for the future populations.

4.       NATURAL RESOURCES AND ENVIRONEMENT

The identification, preservation and development of natural resources   including water, soil, air,     and other natural systems, farmlands, forests, fisheries, mineral (including sand, metal, gravel and brick clays) and areas of value for the enjoyment of nature and the landscape.

5.       POPULATION

          The general location of present and future developments and population distribution including;

(1)     The pattern and general form of urban and rural population distribution;

(2)     General identification of existing urban pattern, areas for future urban growth and expansion and areas for comprehensive development programmes for land assembly, development and disposal;

(3)     General land use pattern by broad areas of existing and planned future (twenty years ahead) –

(a)     residential areas and their design population’

(b)     industrial and commercial areas and their work force capacities;

(4)     General identification of rural land and resources to provide all the fresh water and most of the fresh food requirements for the future population and adequate green belts to contain the metropolis and state as an entity;

(5)     General identification of areas to be excluded from future urban development, including land of       high productive capability, land subject to hazards such as flooding and earth subsidence, land with high activities of recreational value and land to separate and to enhance the environments and individually of urban complexes and local Government Areas.

6.       TRANSPORTATION

Assessment of the present transportation system for projection of future demands and proposals to meet them with specific reference to the location and capacities of;

(a)     Major Highways;

(b)     Mass Transit Railways or mono rails;

(c)     Waterways; and

(d)     Air traffic corridors.

7.       RECREATION

The present provisions and future needs for active and passive recreational facilities including standards for their provisions in district plans and development plans.

8.       EDUCATION

Assessment of the standards and provisions of existing facilities and estimates of future needs and standards for the provision of:

(1)     Primary Schools;

(2)     Secondary Schools;

(3)     Polytechnics; and

(4)     Universities

9.       HEALTH

          Assessment of existing facilities and future requirements and standards for;

(1)     Health or Medical Centers including Dental Services;

(2)     Clinic including Maternity Services;

(3)     Specialist Hospital (private and public); and

(4)     General Hospitals.

10.     COMMUNAL FACILITIES/AMENITIES

          Assessment of existing facilities and future requirements and standard of provision for –

(1)     Civil, entertainment and commercial facilities;

(2)     Police, fire and ambulance services;

(3)     Refuse disposal sales and systems; and

(4)     Cemeteries or Crematoria.

11.     CULTURAL FACILITIES AND AMENITIES

Assessment of existing facilities and future requirements and standard of provision for;

(1)     Cultural facilities including libraries, auditoriums, museums, art galleries, theatres, cinemas, and Public halls.

(2)     Resort areas, camps and sporting facilities including sports stadia and race courses;

(3)     Zoological and botanical gardens; and

(4)     Shrines, mosques and churches.

12.     REGULATIONS AND STANDARDS

Comprehensive Development plans shall include regulations and standards which define the scope and limits within which District plans and other Development plans are to be framed and drafted. These shall include the following;

(1)     Definition of the main planning zones and the main types of developments and uses that are permissible and departure developments and uses within them plus certain, but not all           restrictions and conditions that may be imposed by the planning permit Authority on departure planning permissions;

(2)     Planning, Regulations defining –

(a)     Requirements for the provision of formed streets, provision of site and          service;

(b)     Formation, minimum requirements for dwelling units of various types including sizes, services cores, room sizes, ceiling height and day lightening or ventilations; and

(c)     Building site requirements and limitations, minimum building lines, airspaces, and maximum coverages, height and plot ratios, for the main types of residential, commercial, industrial and institutional developments in defined use zones.

(3)     The Building Regulations defining –

(a)     Guidance documents that contain practical ways and explanations of how to comply with the functional requirements of the building control;

(b)     Requirements for Structural Stability of buildings;

(c)     Requirements for Fire safety in the construction of buildings;

(d)     Requirements for Site Preparation and resistance to contaminants and           Moisture;

(e)     Requirements for protection against sound from other parts of the buildings   and adjoining buildings;

(f)      Requirements of adequate ventilation in buildings;

(g)     Requirements for sanitary conveniences and washing facilities in buildings;

(h)     Requirements for toxic substances and Cavity insulation within buildings;

(i)      Requirements for Drainage and waste Disposal;

(j)      Requirements for Cool and Hot air appliances in a building;

(k)     Requirements for stairs, ladders, ramps and Guards in a building;

(i)      Requirements for Conservation of fuel and power;

(m)    Requirements for Access and Use of buildings

(n)     Requirements for Glazing – Safety in relation to impact, opening and cleaning in building; and

(o)     Requirements for electrical safety in building.

(4)     Defined requirements for the sub –division of land and the partitioning of buildings include –

(a)     Minimum and Maximum building site requirements for the type of building to   be construct on them;

(b)     Offences and penalties for illegal developments and

(c)     The new requirements for Change of use of land and building.

13.     PROGRAMMING

In presenting policies and strategies, the development plan may indicate the   scale, sequence, timing and relative priority of developments.

14.     IMPLEMENTATION

The Development of plan shall include such of the following as may be appropriate –

(1)     Levels of service and operating policies for public utilities, services and facilities

(2)     Amount, type and source of financial and other resources necessary; and

(3)     identification of the bodies or agencies requirement for implementation.

SECOND SCHEDULE

DISTRICT PLANS

PART 1- FUNCTIONS

1.       The primary function of District plan is to interpret the policies and requirements of           comprehensive Development plan and present a clearer indication of the future disposition of major uses, development patterns and population distribution in the areas of their jurisdiction.    They should present an indication of the phasing and timing of development, provision of services and population growth.

2.       They provide a clear framework and guide for the formation of more, detailed planning proposals and the preparation of all types of development, plans for application to the planning permit Authority for development permit to use and develop.

3.       Within the areas of their jurisdiction and when they become operative, they provide the criteria for the consideration of all applications for planning permit and their approval, conditional approval or disapproval by the planning permit Authority.

PART II – REQUIRMENTS

4.       District plans shall conform with all the requirement and minimum standards   of comprehensive      Development plans in so far as they pertain to the area.

5.       Draft District Plans shall be prepared by the Planning permit Authority and shall be displayed for public scrutiny, comments and objections, hearing and deciding on objections after which it shall be submitted to the Commissioner for Physical Planning and Urban development for approval.

PART III – MATTERS TO BE DEALT WITH IN DISTRICT PLANS

6.       District plans shall cover all relevant matters referred to in Comprehensive Development Plan, which are operative and applicable in their areas, in more specific and detailed terms, if appropriate.  Scales of maps to be used are to vary from 1:5,000 to 1:10,000 and the development permit Authority may approve deviation for specific reasons.

7.       District plans shall comprise written statements and such plans, diagrams, schedules and tablets as may be required to clearly portray their intentions.

8.       They shall provide a statement of existing conditions, constraints and   potentials in its area, based on sound and updated survey data.

9.       They shall provide assessments of existing and future design, residential populations and           employment opportunities within defined neighborhoods and zones.

10.     They shall, where appropriate provides plans at suitable scales indicating the   appropriate provisions and disposition of:

(a)     Main roads, footways, cycle – ways, railways, mono rails, ferry routes and other means of transportation;

(b)     Drainage and utility reserves are where urban development is restricted or prohibited, green belts, wooded and amenity areas to be preserved;

(c)     Residents Zones (A,B,C &D as appropriate) and the type, form and intensely for development permitted in them, their residential densities and design    populations;

(d)     Mixed Use, commercial, residential zones and type, form and intensity of development permitted in them and their design populations;

(e)     Commercial Zones and type, form and intensity of development permitted in           them and their design population;

(f)      Industrial Zones (A,B,C&D as appropriate) and the types, forms and intensities of uses permitted in them;

(g)     District, Government, institutional and community Use Zone and the type of uses permitted in them, where specific use have been determined for sites, these should be annotated;

(h)     District open space zones and the recreational facilities provided in them;

(i)      specified use zones which should indicate those major uses which are likely to provide public comment or objections or which have extraordinary, restrictions such as cemeteries, abattoirs, refuse tips and reclamations, petro fitting and gas stations; and

(j)      Schedules of design populations and residential densities for all zones with residential elements and the design population for total areas.

11.     They shall provide schedules, regulations and standards to:

(a)     The provision to be made at local level within any or all of the above mentioned zones for –

(i)      Local Community facilities (including educational)

(ii)      Local open spaces and recreational area,

(iii)     Local pedestrian and vehicles access, and

(iv)    Any other local facilities as may be appropriate;

(b)     Land sub-division and building portioning regulations;

(c)     Planning, building regulations for all zones including site coverage, building heights, building lines and plots ratios

(d)     Regulations relating to excavation and contouring of the ground, the provision of landscaping, fences, wall or barriers;

(e)     Regulation controlling advertising displays and urban furniture;

(f)      Regulations relating to the location, design and appearance of roads, street, pedestrian ways, railways, mono rails, cycle –ways and waterways

(g)     Regulations controlling effluents and

(h)     Such other regulations as may necessary or appropriate in the District.

12.     They shall indicate the assessed scale, sequence and timing of development   and population growth and the priorities for the provision of excess and   community facilities.

THIRD SCHEDULE – LOCAL AND TOWN PLANS

1.       FUNCTIONS

          Functions of local or town plans shall include the following;

(1)     To complement parts or all of district plans and to indicate in great detail and on plans at larger seals the disposition of all uses and facilities that are required for comprehensive and complete development for a specified area and design population; and

(2)     To provide guidance for the administration of the proposed development permit and building control system.

2.       REQUIREMENTS

          Requirement for local town plans:

(1)     The local and town plans must conform with all the requirements and minimum standards of operative state and metropolitan master plan in so           far as they pertain to the area;

(2)     The local and town plans must comply with all the requirements and standards of operative districts plans for the area, where they exist;

(3)     All development plans prepared by the relevant agency or any other agency, corporate body or      individual must be processed for statutory approval after adoption at the district level.

3.       SCOPE

          Matters to be shown on Local and Town Plans or included in their Schedules shall be:

(1)     roads, footways cycle – ways and other means of transportation;

(2)     drainage and utility reserves, areas not to be used for development, green belts and amenity areas;

(3)     zones for various classes of uses;

(4)     possible patterns of land sub-divisions;

(5)     specific sites for State Government’s institutional and community facilities;

(6)     specific area for open space and recreational uses;

(7)     sites for other specified uses;

(8)     the design populations and net site and gross residential densities;

(9)     the number of dwelling units and their total gross floor area, residential plot    ratios, site coverage e.t.c, relating to residential buildings sites should also   be shown.

(10)   Sites formation requirements, level and key distinctions of building platforms and formed sites, roads and drains, extent of cutting, better slopes, and other necessary engineering information, and

(11)   such other matters as may be necessary to indicate the type and form of actual development of the area.

4.       NOTES

(1)     These plans indicate optional layouts of their areas providing all the required   facilities. Private developers or other interested parties could produce equally suitable layouts in their draft comprehensive Development plans which may be more attractive to their sponsors for financial or other reasons and this shall be processed for statutory approval.

(2)     Should each alternative options arise, they should not be dismissed but considered on merits and accepted if they would expedite development and meet a demand.

(3)     The machineries for reviewing and amending adopted outline local and town   plans shall not be onerous.

FOURTH SCHEDULE  – TYPES OF PLANS

1.       BUILDING DEVELOPMENT PLANS

(i)      Building Development plans are the documents attached to application for Development permit and complete written statements, schedules and plans which are submitted with application for:

(a)     permit to use and develop land or building; or

(b)     approval of partition of land and building; or

(c)     departures from approved plans or operative planning scheme

Or

(d)     approval of temporary non conforming uses

(ii)      The functions of the Building Development Plans shall be to portray as clearly as possible all the inherited uses and proposed development on the site and the effect they will have “on” adjacent developments and the neighborhoods in which they are situated. These matters must be taken into account when the applications are being considered.

(iii)     Persons authorized to prepare Building Development Plan:

(a)     All Development plans and planning application shall be prepared by or under the supervision of qualified relevant professional bodies registered to practice       in Nigeria.

(b)     The relevant professionals registered to practice in Nigeria shall be responsible for the reliability, accuracy feasibility and correctness of any building development plans which bear their signature and which are submitted to the relevant authority for approval.

2.       LOCATION PLAN

All development plan shall be accompanied by location plan on a convenient   scale indicating its where about in relation to other developments and existing and proposed main roads, drainage, channels , major community facilities and the like, co-ordinates of the boundaries of the site and its total area must be given.

3.       LAYOUT PLANS: ESTATE DEVELOPMENT REGULATIONS

(i)      Layout plans indicate the physical layout of the area and show the location and dimensions of road, footways, drainage channels, and the sites for the various uses intended, according to a standard notation. Levels should be indicated on roads, drains, building and other sites. Cutting slopes, batters, walls, and other physical features should be indicated. All sites should be serially numbered and clearly defined , and shall have accompany schedule.

(ii)      Schedules shall indicate the areas and uses of all sites, including roads, footways, reserves e.t.c and the building coverage, building lines, plots ratios and gross areas of all building to be erected on them. They shall also indicate the occupancy rates assumed by gross floor area per person, and the residential densities and design populations for the proposed developments.

(iii)     Every Layout Plan shall be prepared and endorsed by a town planner Registered to practice in Nigeria.

4.       LAYOUT ENGINEERING PLANS

These shall be included for all Development plans, involving site formation works, construction of roads, footways, drain, walls, sewage works and    service reticulations. They shall indicate the location and levels of all the above mentioned elements and others that may be proposed in the development and provide specifications for their construction. Where standard approved elements are used, no specification would be required.

FIFTH SCHEDULE -PLANNING BRIEFS

FUNCTIONS

(1)     The function of planning brief is to provide:

(a)     frame and a reliable indication of the intended uses;

(b)     the extent of various types of development;

(d)     the areas of their jurisdiction

          For those responsible for preparing draft District plans and comprehensive development plans.

(2)     Planning briefs shall also serve to identify;

(i)      constraints;

(ii)      proposed public works which will directly affect or influence the form of development in the area; and

(iii)     all relevant available data to be considered and used in the preparation of plans.

2.       PREPARATION

Planning briefs are to be prepared by the relevant Agency within the framework and requirements of Comprehensive Developments plans, in the case of government proposals and prepared by developers in the case of private projects.

3.       ISSUANCE OF PLANNING BRIEFS

          They shall be issued by the relevant Agency and the developer or his    representatives, as the case may be.

4.       A definition of the area covered by the planning Brief by co –ordinates and areas, shall be given.

5.       They shall provide an indication of the appropriate timing of development in    relation to comprehensive development programmes, and the provision of access, services and community facilities.

6.       They shall indicate whether or not it is appropriate to proceed with more detailed planning at a particular time.

7.       A description of the intended functions of the area shall be given.

8.       The intended population for the area and its likely household and income structure shall be given.

9.       Any relevant information that may be available or should be obtained by surveys on existing physical conditions, populations and uses shall be identified.

10.     Known constraints on development due to flooding grounds conditions, reclamations, fillings, ground water table level, etc shall be stated.

11.     Constraints identified for environmental, ecological or amenity reasons shall be stated.

12.     The location of existing or proposed public works, which will affect the use and planning of the area, such as major highways, canals, drainage reserves, railways, overhead power transmission lines and the like shall be given.

13.     Regional reserves and facilities, which must be provided for in the planning of the area shall be identified.

14.     The type and extent of the major uses, which should be provided to produce           a balanced development, shall be broadly stated.

15.     The provisions that should be made for open spaces, recreation facilities, schools, other community facilities, shopping and marketing shall be stated.

16.     An indication of the level of services that should be provided and when they   will be available to the area shall be given.

17.     An indication of the types of housing and residential occupancies and destinies that would be appropriate in the area shall be stated.

18.     The amount and type of commercial, shopping and industrial uses which should be provided for the planning of the area shall be identified.

19.     Any other relevant information which may be available and could assist in the planning of the area shall be identified.

20.     Regulation of proceedings

21.     PROCEEDINGS AT MEETINGS

22-(1)         Subject to the provisions of this Law the relevant agency may make standing orders regulating its proceedings or any of the committee it may set up of it.

(2)     Quorum shall be by a simple majority of the members of the relevant Agency.

23.     AUTHORITY TO OBTAIN ADVICE

Where the relevant agency decides to obtain the advice of any person on a particular matter, it may invite such person or persons as it deems fit.

This printed impression has been compared by me with the Bill which has been passed by the Lagos State House of Assembly and found by me to be a true and correctly printed copy of the said Bill.

A. T. Olatunji

Clerk of the House of Assembly

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