OCTOBER 2013
Legal Focus
99
(ii) of the budget of the district related to the approved plans to the Minister for Finance for approval;
(b) formulate and execute plans, programmes and strategies
the effective mobilization of the resources necessary for the overall development of the district;
(c) promote and support productive activity and social development in the district and remove any obstacles to initiative and development; (d) initiate programmes
for the
development of basic infrastructure and provide municipal works and services in the district;
(e) be responsible for the development, improvement and management of human settlements and the environment in the district;
A district assembly subject to this Act and to Government policy has the responsibility to take such steps and measures as are necessary and expedient to — (a) execute approved development plans for the district;
(b) guide, encourage and support sub-district
local
bodies, public agencies and local communities to perform their rules in the execution of approved development plans;
(c) initiate and encourage joint participation with other persons or bodies
to execute approved development plans;
(d) promote or encourage other persons or bodies to undertake projects under approved development plans; and
(e) monitor the execution of projects under approved development plans and assess and evaluate their impact on the people’s development, the local, and district and national economy.
(5) A District Assembly shall co-ordinate, integrate and harmonize the execution of programmes and projects under approved development plans for the district and other development programmes promoted or carried out by Ministries, Departments, public corporations and other statutory bodies and non-governmental organizations in the district.
contact:
dr. abdul Baasit aziz Bamba Lecturer Faculty of Law University of Ghana Legon
ayine and Felli Law offices no.03 Mango Street adjacent Lion House East Legon tel: +233-302542092 www.
ayineandfelli.com
government for
(6) Without prejudice to subsection (5) of this section, a District Assembly shall in the discharge of its functions— (a) be subject to the general guidance and direction of the President on matters of national policy; and
(b) act in co-operation with the
appropriate public corporation, statutory body or non-governmental organization.
Flowing from the above, a company entering into planning agreement with a local government unit must take cognizance of the district assembly’s own development plan in addition to relevant Government policy. In this regard, a local government unit can refuse a building permit simply because the said plan does not situate well within the development plan of the Assembly. Again, due to the fact that a district assembly can at any time redevelop an area, which can affect the planning agreement it has entered into with with a developer it is important that any planning agreements with the local government is properly executed in accordance with the laws governing local government decision-making and a developer seeks stability and clarity in how the local government will in future exercise its power to plan and re-plan a district. LM
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