Who Controls Development?

WHO CONTROLS DEVELOPMENT?

The Nigerian Urban and Regional Planning Act 1992 confer responsibilities for control of development on three tiers of government – Federal, State and Local governments with the following institutions:

National Planning Commission – Federal

State Urban and Regional Planning Board – State

Local Planning Authority – Local Government.

a.      The Rivers State Physical Planning and Development Law, No 6 of 2003 provides for the establishment of Urban and Regional Planning Board with functions to formulate policies for Urban and Regional Planning and Physical development of the State [Section 11(a)].  The Law in Section 39(1) provides for the establishment of Development Control Department in the Board with responsibility, Section 39-(2-5) for matters relating to:

-          Control of Physical Development

-          Control of all Physical Development on state lands and government estates

-          Powers to give Development Permit

Note:  The Board, on State level is non-existent rather its responsibilities are vested in the Ministry of Urban Development with a Development Control Department.  There are in some Local Government Headquarters the Ministry’s Zonal Offices functioning as local planning authorities.

b.      The Greater Port Harcourt City Development Authority (GPHCDA).

The Greater Port Harcourt City Development Authority Law, No. 2 of 2009 established the Greater Port Harcourt City Authority to develop policies and plan for the implementation of the Greater Port Harcourt Master Plan (Section 3 (a).  While Section 9(1) empowers the Authority to create departments it was not specific on departments to be established.  However, the Board with powers conferred on it established the Development Control Department.

The responsibilities of the Control Department are set out in Section 26(1-3):

-          To stop persons or body engaging in constructions or improvements within the boundaries of the new city except as provided in the Master Plan.

-          To issue notices to unauthorized developers

-          To prosecute/penalize contraveners.