Mrs Gifty Nyarko, the National President of the Local Government Service Association of Physical Planners (LoGSAPP) has urged strict enforcement of the Land Use and Spatial Planning Act 2016 (Act 925).
She said enforcement of section 97(3) of the Act in particular, would address haphazard physical development and thereby control recurring flooding in the country.
The Section 97(3) of Act 925 provides that an application for the registration of title to land shall be accompanied by a Land Use Certificate, she explained, adding that it remained a statutory planning document.
It also confirms the approved land use of a parcel of land in accordance with the applicable Structure Plan, Local Plan previously layout, Mrs Nyarko, also the Head of Physical Planning Department for the Nkoranza South Municipal Assembly told the Ghana News Agency (GNA) in an interview in Sunyani.
The requirement is intended to ensure that land registration supports orderly spatial planning and sustainable development.
That implies that: “No Land Use Certificate from Metropolitan, Municipal or District Assembly then no title registration”, explained.
Mrs Nyarko, also the Executive Director of the African Centre for Urban Resilience Planning and Inclusive Governance (ACURPIG) said enforcement of the Act was imperative amid recurring flooding, urging the Lands Commission to do so.
“The Lands Commission must ensure that no application for the registration of title to land is processed unless it is accompanied by a valid Land Use Certificate, as required by the law”, she stated.
Mrs Nyarko said enforcement of the Act would significantly reduce the registration of lands unlawfully allocated within wetlands, waterways, floodplains, public open spaces, road reservations, utility corridors and other environmentally sensitive or protected areas.
She noted that prospective land purchasers focused solely on ownership verification at the Lands Commission, overlooking the equally important requirement of planning conformity at the District Assembly.
“Ownership and land use planning are distinct legal matters”, she stated, saying that it was the responsibility of the Lands Commission to facilitate land registration and title administration.
She said the MMDAs were also responsible for determining whether land conforms to approved local plans and the intended land use purposes.
Mrs Nyarko called on the MMDAs to ensure that development permits were issued in accordance with the Act.