NORTH WEST FRONTIER PROVINCE URBAN PLANNING ORDINANCE, 1978. N.-W. F. P. ORDINANCE NO. IV OF 1978

THE NORTH WEST FRONTIER PROVINCE URBAN PLANNING ORDINANCE, 1978.
N.-W. F. P. ORDINANCE NO. IV OF 1978
14th March, 1978.
AN
ORDINANCE
to establish a system of urban planning for the North-West Frontier Province to provide for effective vertical and horizontal integration of physical planning with the economic and social planning at all Governmental levels, and to create suitable institutional framework to effectuate such objectives.

WHEREAS it is expedient in the public, interest to establish a system of urban planning for the North-West Frontier Province to Provide for the integration of physical planning with economic and social planning at provincial, regional and local levels' to provide a structure and processes for formulating and carrying out integrated urban and rural development policies; to co-ordinate the provincial planning system with planning under the Federal Government; to create or designate government agencies to ensure proper and effective implementation of the foregoing; and to vest them with necessary powers;

Preamble

AND WHEREAS the Governor of the North- West Frontier Province satisfied that circumstances exist which render it necessary to take immediate action:
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977), and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance :
CHAPTER I - PRELIMINARY.

1.         (1) This Ordinance may be called the North-West Frontier Province Urban Planning Ordinance 1978.

Short title, extent and commencement.

(2) It extends to the whole of the North-West Frontier Province.
(3) It shall come into force on and from the 15th day of March, 1978.

Definitions

2.         In this Ordinance, unless there is anything repugnant in the subject or context,—

(1)     "agriculture" or "agricultural" includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder trees or any kind of cultivation of soil, breeding and keeping of livestock including cattle, horses, donkeys, mules, fish and bees and the use of land which is ancillary to the farming of land of any other agricultural purposes, but shall not include the use of any land attached to building for the purposes of a garden to be used along with such building;
(2)     "Board" means the Provincial Urban Development Board, North-West Frontier Province, established under section 3.
(3)     "Collector" means the Collector of a district and includes any Officer specially empowered by Government to perform , the functions of a Collector under this Ordinance:
(4)     "Commissioner" means the Chief Officer-in-Charge of the revenue and general administration of a division and includes an Additional Commissioner of such Division;
(5)     "development" includes those subjects, embraced by the operative National Five Year Plan, Annual Development Plan of similar plan, which have special aspects or implications;
(6)     "development planning" and "development plan" means, respectively, planning and plans for development engaged in formulated by the planning agency; and include the full range of scales, types and functions of planning;
(7)     "functions" includes powers and duties;
(8)     "Government" means the Government of the North-West Frontier Province.
(9)     "government agency " includes—
         (a)     any division, department, bureau, section, commission, board, district officer or any other officer, body or unit of Government;
         (b)     any municipal body, as defined in clause (16); and
         (c)     any development authority or other public authority, company or corporation (whether autonomous or semi-autonomous in character), board or Improvement Trust owned or controlled by Government or a municipal body;
(10)   '"land" includes the earth, water and space above, below or on the surface and includes any improvements of structures customarily regarded as land;

            (11)  "land development " means the dividing of land into two of mane plots, the amalgamation of plots, the carrying out of any building operation including erection, construction redevelopment, alteration or repair, the making of any material change in the use or appearance of any structure on land and includes
         (a)    a change in the type of use of structure or land, or, if the Land Development Regulations divide uses into classes, a change from one designated class of use to a use in another designated class;
         (b)   a re-construction, alteration of the size or material change in the external appearance, of a structure or land;
         (c)    a change in the intensity of use of land, such as an increase in the number of business, manufacturing establishments offices, or dwelling units in a structure or on land;
         (d)   commencement of excavation;
         (e)    demolition of a structure or removal of trees;
         (f)    deposit of refuse, solid or liquid waste or fill on Land;
         (g)   in connection with use of land, the making of any material change in noise levels, thermal conditions, or omissions of waste material;
         (h)   commencement or change in the location of an advertising structure or use of land, the commencement or change in location of advertising on the external part of a structure;
         (i)    alteration of share, bank, or flood plain of a river, lake, pond or artificial body of water;
         (j)    the installation of underground or overhead public service facilities;
         (k)   re-establishment of a use which has been abandoned or suspended for one year regardless of the intended duration of the suspension; and
         (l)    departure from the normal use for which development permission has been granted, or failure to comply with the conditions of Land Development Regulations or an order granting the development permission under which the development was commenced or is continued, but does not include—
                 (i)    the carrying out by any Government agency of any works on land within the boundaries of a highway, road or public street for maintenance purposes;