Nigerian Urban and Regional Planning Decree No 88 Of 1992

Summary of the Nigeria Urban and Regional Planing (NURP) Decree NO 88 of 1992.

Introduction.

Prior to the enactment of the Nigerian Urban and Regional Planning Decree of 1992 in the country, there have been several ordinances and laws put in place either by the colonial administrators or the Nigerian government, which in one way or the other had facilitated the growth of Town and Country planning as well as its scope. These ordinances and laws include but not limited to: the 1863 Town Improvement Ordinance, 1904 Cantonment Proclamation, 1917 Township Ordinance, 1928 Lagos Town Planning Ordinance, 1946 Town and Country Ordinance, Western Nigerian Town and Country Planning Law Cap 130 of 1959, Northern Nigerian Town and Country Planning Law Cap 130 of 1963, Eastern Nigerian Town and Country Planning Law Cap 126 of 1963, Town and Country Planning of Bendel state of 1976, Kwara state Town Planning and Development Authority Edict of 1984, Ogun state Town and Country Planning Law Cap 127 of 1978, etc.

Revocation of Rights of Occupancy for Overriding Public Interest

What is Revocation of Rights of Occupancy for Overriding Public Interest?

According to the provision of the Nigerian Urban and Regional Planning Decree of 1992, Section 75(1) states that:

“where it appears to the Commission, the Board or the Authority 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 approved plan, any right of occupancy subsisting on that land shall be revoked on the recommendation of the appropriate authority”.

These rights of occupancy shall be revoked in accordance with the relevant provision of the Land Use Act (Section 75(2)). The revocation of the rights of occupancy by the Governor for overriding public interest is categorically stated in Section 28(1) of the Land Use Act of 1978:

“It shall be lawful for the Military Governor to revoke a right of occupancy for overriding public interest”.

The Land Use Act never set out to abolish all existing title and rights to possession of land (Section 34). It vested the land in the Governor who holds it in trust and administered for the use and common benefits of the general public (Section 1). This in long way as made it easy for the government to acquire land for public purpose and also it has made the issue of compensation easier.

Before going further, it is pertinent to say here that there are two types of rights of occupancy as provided by the Section 5 and 6 of the Land Use Act and each stand as a case for overriding public interest. These are statutory right of occupancy and customary rights of occupancy.

Statutory right occupancy is granted by the Governor in respect of land, whether in rural or urban area, to any person for all purposes (Section 5(1a) of Land Use Act), while, customary rights of occupancy is granted by the local government in respect of land not in urban area (rural area) to any person or organization for the use of land in local government area for agricultural, residential, grazing and other purposes (Section 6(1a, b)).

Revocation of statutory rights of occupancy for overriding public interest means:

• The alienation by the occupier by assignment, mortgage, transfer of possession, sublease, or otherwise of any right of occupancy or part thereof contrary to the provisions of this Decree or of any regulations made under;
• The requirement of the land by the Government of the state or by Local Government in the state, in either case for public purposes  within the State,  or the requirement of the land by the Government of the Federation for public purposes of the Federation;
• The requirement of the land for mining purposes or oil pipelines or for any purpose connected therewith.

Revocation of customary rights of occupancy for overriding public interest means:

• The requirement of the land by the Government of the state or by a Local Government in the State, in either case for public purposes within the State, or the requirement of the land by the Government of the Federation for public purposes of the Federation;
• The requirements of the land for mining purposes or oil pipelines or for any purpose connected therewith;
• The requirement of the land for the extraction of building materials;
• The alienation by the occupier by sale, assignment, mortgage, transfer of possession, sublease, bequest or otherwise of the right of occupancy without the requisite consent or approval.

This begs the question "What are the  public purposes for which the state or local government may revoke rights of occupancy?"

References

L.A. Adeyeye (2010), Understanding Urban and Regional Planning Law and Administration in Nigeria

Public Purposes for which the Government could Acquire Land

Public Purposes for which the Government could Acquire Land in Nigeria

According to the interpretation Section of the Nigerian Urban and Regional Planning Decree NO 88 of 1992, public purposes for which the government of   Nigeria could acquire land include:

• For exclusive Government use or for general public use;
• For use by anybody corporate directly established by law or by law or by anybody corporate registered under the Companies Decree 1968 as respects;
• For or in connection with sanitary improvements of any kind;
• For obtaining control over land contiguous to any part or over land the value of which will be enhanced by the construction of any railway, road or other public work or convenience about to be undertaken or provided by the Government;
• For obtaining control over land required for or in connection with development of telecommunication with mining purposes;
• For obtaining control over land required for or in connection with planned urban and rural development settlement;
• For obtaining control over land required for or in connection with economic, industrial or agricultural development;
• For educational and other social services.

Conditions for Payment and Non-payment of Compensation for the Revocation of Development Permit off a Developer

Conditions for Payment and Non-payment of Compensation for the Revocation of Development Permit off a Developer

According to Section 42 of the Nigerian Urban and Regional Planning Decree No 88 of 1992, compensation shall be payable for the revocation of development permit to a developer or the holder for the time being of a development permit if:

• Development has commenced; or
• The developer or holder is liable under an existing contract to a third party to damages for breach of conflict; or
• The developer has incurred any expense or has suffered a loss during the process of obtaining development permit.

The amount of compensation payable shall be such as to reimburse the developer or holder for the time being of a development permit of the loss incurred as result of the revocation and shall not be in the form of payment of damages or in excess of the sum incurred by the developer.

According to Section 43(2) no compensation shall be payable if:

• A development is not in accordance with the terms and conditions under which the development permit was granted; or
• The right of occupancy of the land on which a development was to take place has been cancelled or revoked on the ground that the applicant did not comply with the requirements of the Land Use Act of 1978  (check revocation of rights of occupancy for overriding public interest); or
• A claim for compensation is made 28 days after a notice of revocation is served on the developer or the holder for the time being of a development permit.

References

L.A. Adeyeye (2010), Understanding Urban and Regional Planning Law and Administration in Nigeria

Categories of Development Plan Application that Requires Environmental Impact Statement in Nigeria

Categories of Development Plan Application that Requires Environmental Impact Statement in Nigeria

Environment is defined as the sum total of all conditions that surround man on earth surface. These conditions are known not only to be physical, but also social, economic, cultural, aesthetic and/or political dimensions and their various interactions and interrelationships.  It therefore follows that any damage done to any of the conditions mentioned that surrounds man will have adverse impact on man’s quality of life. The main effect of the development activities of man on land is the alteration of the natural environment.  Such developmental activities may include the location of building uses, mechanized farming, lumbering, and mining, quarrying, etc. It has been observed that, in many instances, these developmental activities have been sources of major environmental problems. Hence, environmental impact of any development on the physical, social, economic, aesthetic and cultural aspects of the environment and its location need to be predicted and evaluated and measures to mitigate negative impacts before the inception of development need to be identified.

Environmental Impact Statement or Environmental Impact Assessment Report (used interchangeably) can be defined as the process of predicting and evaluating the various aspects of the environmental effects, both adverse and beneficial of a proposed development, the conclusions of which is to be used as a tool in decision making. There are two types of project effects and these are primary and secondary impact. Primary impacts of a project are those that can be attributed directly to the proposed action. These may include impact related to its construction and operation. Secondary effects are always referred to as the indirect or the induced changes which may be positive or negative. This may include the population movement during festivals, break and the associated traffic situation, pressures likely to be exerted on water, electricity, and solid waste and noise to be generated among others.

The desire to reduce or control environmental problems has been a major concern in recent times.  Such concerns are targeted towards ensuring the sustainability of the environment. Countries all over the world (developed and developing) have responded to this issue of environmental quality sustainability in various ways. In Nigeria most importantly, the promulgation of the decree No 89 that established the Federal Environmental Protection Agency and the launching of the National Policy on the Environmental in 1989 were steps taken towards achieving this goal. A component of the National Policy on the Environment is that Environmental Impact Assessment Report (EIAR) which is aimed at predicting and controlling the consequences of a proposed developmental activity be prepared for certain types and magnitude of projects. 

Most states in Nigeria had taken the right step by including the preparation of Environmental Impact Statement in their planning regulations for some categories of buildings/ development. However, the categories of development plan application that requires environmental impact statement in may vary from states to states, and this may be influence by the degree and magnitude of planning problems in that state. But notable among the development plan applications that require Environmental Impact Statement can be seen in Section 33 of the Nigerian Urban and RegionalPlanning (NURP) Decree No 88 of 1992 and Section 38 of the Lagos Urban and Regional Planning (LURP) Edict No 2 of 1998.  
The categories of development plan applications that requires environmental impact statement in Nigeria include but not limited to:

• Residential land in excess of 2 hectares (NURP);
• Permission to build or expand a factory or for the construction of an office building in excess of four floors or 5000 square metres of a lettable spaces (NURP); 
• Permission for a major recreational development (NURP);
• Office or other commercial building (LURP);
• Place of worship (LURP);
• Major recreational development covering more than 2000 square metres (LURP);
• Institutional buildings (LURP);
• Petrol filling and service stations. (LURP).