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NATIONAL DEVELOPMENT PLANNING (SYSTEM)  REGULATIONS, 2016  L.I. 2232'

ARRANGEMENT OF REGULATIONS

Regulations

Preparation and Approval of District Development Plans

1.Initiation of district development plan

2.Preparation, collation and integration of district development plan

3.Consultative process for a district development plan

4.Research for a district development plan

5.Adoption of district development plan and procedure for approval

6.Modification of an approved district development plan

Implementation of District Development Plans

7.Procedure for the preparation and approval of district monitoring and evaluation plans

8.Responsibility of district planning authority to implement and monitor
.a district development plan

9.Collaboration with other bodies

10.Compliance with district development plan

11.Local action plans

Planning Functions of Regional Co-ordinating Councils

12.Role of Regional Co-ordinating Council in development planning

13.Procedure for the co-ordination and harrnonisation of district development plans

14.Format for the preparation of regional integrated plans

Planning Functions of Ministries and Sector Agencies

15. Functions of a Ministry and sector agency in development planning

Planning Procedures For the Co-ordination and Approval of Sector Development Plans

16.Procedure for preparation and approval of sector development plan

17.Procedure for preparation and approval of sector monitoring and evaluation plan

18.Co-ordination and approval of development plans

19. Submission of monitoring and evaluation report

 Joint Development Planning Areas

20.Request for joint development planning area

21.Development plan for joint development planning area

Special Development Areas

22. Criteria to determine a special development area

Miscellaneous Matters

23.Data and information

24.Training of planning personnel

25.Grievance procedure

26.Offences

27.Timelines

28.Interpretation

SCHEDULES

FIRST SCHEDULE

Composition of Metropolitan, Municipal and District Planning Co-ordinating Unit

SECOND SCHEDULE

Procedure for the preparation, collation and integration of a district development plan

THIRD SCHEDULE

Guidelines for the conduct of public hearings on district development plan

FOURTH SCHEDULE
Format of monitoring and evaluation plan

FIFTH SCHEDULE
Format for district annual action plan

SIXTH SCHEDULE

Format of district quarterly and annual monitoring and evaluation report

SEVENTH SCHEDULE
Regional Planning Co-ordinating Unit

EIGHTH SCHEDULE
Format for the regional integrated plan

NINTH SCHEDULE

Outline of sector medium term development plan

TENTH SCHEDULE

Format for quarterly and annual sector monitoring and evaluation report

ELEVENTH SCHEDULE

Draft Executive Instrument for the designation of a Joint Development Planning Area

TWELFTH SCHEDULE

Criteria for the creation of a special development area

THIRTEENTH SCHEDULE

Draft Executive Instrument for the designation of a Special Development Area

FOURTEENTH SCHEDULE
Grievance procedure

"FIFTEENTH SCHEDULE
Timelines

L.I. 2232

NATIONAL DEVELOPMENT PLANNING (SYSTEM) REGULATIONS, 2016

IN exercise of the powers conferred on the chairperson of the National Development Planning Commission by section 19 of the National Development Planning (System) Act, 1994 (Act 480) and with the approval of the President, these Regulations are made. this 5th day of January, 2016.

Preparation and Approval of District Development Plans

Initiation of district development plan

1. (1) A district planning authority, through the district planning co-ordinating unit, shall commence the preparation of a district development plan based on the national development policy framework and guidelines issued by the Commission.

(2) A district planning authority in directing the composition of a district planning co-ordinating unit, shall

(a) have regard to the membership stipulated in the First Schedule; and

(b) comply with the role and administrative arrangements assigned to it in that Schedule.

(3) The sub-committees of an executive committee shall

(a) specify the development priorities of the district, and

(b) prioritise development in the district fer the executive committee.

(4) The decision of the executive committee shall be adopted by the district planning authority as the basis for the draft district development plan to be prepared by the district planning co-ordinating unit.

Preparation, collation and integration of district development plan

2. (1) A department of a District Assembly established under the Local Government (Departments of District Assemblies) (Commencement) Instrument, 2009 (L.l. 1961) shall prepare a district sectoral plan in consultation with stakeholders as an input to the draft district develop- ment plan.

(2) The district planning co-ordinating unit shall collate the district sectoral plans prepared by the departments of a District Assembly and prepare a draft district development plan in accordance with the Second Schedule.

 (3) The district planning co-ordinating unit shall consult with the members of the assembly representing the electoral areas, the urban, zonal, town and area councils and unit committees, chiefs, traditional authorities, civil society organisations, the private sector, opinion leaders and other relevant stakeholders in the district, when preparing the draft district development plan.

(4) The draft district development plan shall incorporate the development plans of non-decentralised departments, public corporations, state owned enterprises and other organisations operating in the district.

(5) The district planning co-ordinating unit shall integrate strategic environmental considerations into a district development plan.

Consultative process for a district development plan

3. (1) The district planning co-ordinating unit shall conduct public hearings on the draft district development plan and may modify the plan to reflect the views expressed at the public hearing.

(2) The public hearing shall be conducted in accordance with the guidelines in the Third Schedule.

Research for a district development plan

4. (1) A district planning authority may conduct research for the preparation of a district development plan.

(2) The research may be conducted through the use of consultants engaged by the district planning authority or by any other means that the district planning authority considers appropriate.

Adoption of district development plan and procedure for approval

5. (1) An executive committee shall ensure compliance with the administrative and development planning guidelines issued by the Commission for the preparation of a district development plan.

(2) A district planning authority shall

(a) adopt the draft district development plan prepared by the district planning co-ordinating unit; and

(b) submit the district development plan through the Regional Co-ordinating Council to

(3) Each district planning authority in a region shall submit its district development plan in a hard copy and a soft copy to the Regional Co-ordinating Council four months after the initiation of the planning process.

(4) Each Regional Co-ordinating Council shall submit the regional integrated plan to the Commission not later than two months after receipt of the district development plan from the district planning authority.

(5) The Commission, as part of the process to approve the new district development plan, may refer any matter to the district planning authority through the Regional Co-ordinating Council for reconsideration.

(6) The Regional Co-ordinating Council, in consultation with the Commission, shall work with the district planning authority to ensure that the referred matter is reconsidered and make appropriate recommendations to the Commission.

Modification of an approved district development plan

6. (1) A district planning co-ordinating unit may recommend the modification of an approved district development plan and shall provide the justification for the proposed modification to the Commission.

(2) The Commission shall upon approval of the recommendation direct the district planning authority to make the required modifications to the draft district development plan.

(3) The district planning authority shall initiate and prepare a modified district development plan upon receipt of the required modifications to the draft development plan.

(4) The modified district development plan shall be adopted by a resolution of at least two thirds of the membership of the district planning authority.

(5) The resolution shall be signed by the

(a) presiding member of the District Assembly,

(b) secretary of the District Assembly, and

(c) District Chief Executive.

 (6) A hard copy of the modified district development plan adopted by the District Assembly shall be submitted to the Commission through the Regional Co-ordinating Council.

(7) The Regional Co-ordinating Council shall ensure that the modified district development plan is compatible with the regional integrated development plan and submit it to the Commission.

(8) The Commission shall notify the district planning authority through the Regional Co-ordinating Council upon approval.

Implementation of District Development Plans

Procedure for the preparation and approval of district monitoring and evaluation plans

7. A district planning authority shall

(a) prepare a monitoring and evaluation plan in accordance with the guidelines issued by the Commission, and

(b) submit the monitoring and evaluation plan to the Commission through the Regional Co-ordinating Council for approval in accordance with the format specified in the Fourth Schedule.

Responsibility of district planning authority to implement and monitor a district development plan

8. (1) A district planning authority shall implement the approved district development plan through the preparation of an annual action plan.

(2) The annual action plan shall be

(a) in accordance with the format specified in the Fifth Schedule; and,

(b) submitted to the Commission through the Regional Co-ordinating Council.

(3) A district planning authority shall submit quarterly and annual progress reports on the monitoring and evaluation of the implementation of the annual action plan to the Commission in accordance with the format specified in the Sixth Schedule.

Collaboration with other bodies

9. A district planning authority shall collaborate and co-operate with

(a) non-decentralised departments,

(b) public corporations and statutory bodies,

(c) the private sector,

(d) civil society organisations, and

(e) any other key stakeholders in the implementation of a district development plan.

Compliance with district development plan

10. A district planning authority shall prepare quarterly and annual monitoring and evaluation reports in the format specified in the Sixth Schedule to indicate compliance with the district development plan.

Local action plans

11. (1) A district planning authority shall initiate a local action plan for the implementation of an approved district development plan that indicates the level or locality for which it is required.

(2) The local action plan shall be

(a) based on the relevant parts of the approved district development plan and guidelines issued by the district planning authority; and

(b) prepared through a consultative process led by the district planning authority.

(3) After the consultative process, the district planning authority shall organise a meeting with stakeholders to discuss and approve the local action plan.

(4) The district planning authority shall approve the local action plan before implementation.

(5) The Commission may request for and modify a local action plan as it considers appropriate.

Planning Functions of Regional Co-ordinating Councils

Role of Regional Co-ordinating Council in development planning

12. A Regional Co-ordinating Council shall

(a) provide input in the drafting of district planning guidelines, especially the harmonisation of district plans at the regional level;

 (b) participate in the cross sectoral planning group meetings to ensure that district planning guidelines reflect input on the harmonisation of district plans;

(c) monitor the use of the district planning guidelines in the preparation of district development plans;

(d) use district planning guidelines to facilitate the preparation of district development plans by the district planning authorities;

(e) co-ordinate and harmonise district development plans at the regional level; and

(f) use the district planning guidelines as a reference point for the co-ordination and harmonisation of district development plans.

Procedure for the co-ordination and harmonisation of district development plans

13. (1) A Regional Co-ordinating Council shall refer district development plans to the regional planning co-ordinating unit for technical co-ordination and harmonisation.

(2) The regional planning co-ordinating unit shall

(a) comprise the heads of the departments specified in the Seventh Schedule that the Commission shall appoint in consultation with the Regional Co-ordinating Council; and

(b) comply with the role and administrative arrangements assigned to it in that Schedule.

(3) The regional planning co-ordinating unit shall provide information to a district planning authority as requested for the preparation of a district development plan.

Format for the preparation of regional integrated plans

14. The format to be used by a Regional Co-ordinating Council and regional planning co-ordinating unit for the harmonisation and integration of the district development plan is as set out in the Eighth Schedule.

Planning Functions of Ministries and Sector Agencies

Function of a Ministry and sector agency in development planning

15. A Ministry or sector agency shall

(a) initiate and formulate policies taking into account the needs and aspirations of the people;

(b) undertake development planning in consultation with the Commission;

(c) co-ordinate, monitor and evaluate the efficiency and effectiveness of the performance of the sector;

(d) provide sectoral input in the drafting of district planning guidelines;

(e) participate in cross sectoral planning group meetings to ensure that district planning guidelines reflect sectoral input; and

(f) use the district planning guidelines to check the incorporation of sectoral inputs in the preparation of the district medium term development plan.

Planning Procedures for the Co-ordination and Approval of Sector Development Plans

Procedure for preparation and approval of sector development plans

16. (1) The policy planning, monitoring and evaluation unit of a Ministry or sector agency established under the Civil Service Act, 1993, (PNDCL 327) shall, on the direction of a Minister or a sector agency, commence the preparation of a sector development plan based on the national development policy framework and guidelines issued by the Commission.

(2) The sector development plan shall be

(a) prepared by a Ministry or sector agency in consultation with key stakeholders including the National House of Chiefs, traditional authorities, civil society organisations and the private sector; and

(b) prepared and submitted to the Commission for incorporation into the sector medium-term plan in accordance with the format specified in the Ninth Schedule.

 (3) Copies of the approved sector development plans shall be made available to the district directors of the relevant departments by the sector agencies.

Procedure for preparation and approval of sector monitoring and evaluation plans

17. A sector monitoring and evaluation plan shall

(a) be prepared by a Ministry or sector agency;

(b) be submitted to the Commission for incorporation into the national monitoring and evaluation plan in accordance with the format specified in the Fourth Schedule; and

(c) provide for the participation of key stakeholders.

Co-ordination and approval of development plans

18. (1) The Commission shall review the plans including the monitoring and evaluation plans submitted by a district planning authority, Ministry or sector agency based on the criteria determined by the governing body of the Commission for approval and integration into the national development plan.

(2) The Commission shall provide feedback to a district planning authority, Ministry or sector agency on the development plan submitted by the district planning authority, Ministry or sector agency and may provide recommendations for the revision of the plan.

(3) Where the Commission provides recommendations for the revision of the plan, the district planning authority, Ministry or sector agency shall submit the revised plan including the monitoring and evaluation plan to the Commission.

(4) The Commission shall review the revised plans including the monitoring and evaluation plans and issue a certificate of approval.

(5) The approved plan including the monitoring and evaluation plan shall be incorporated into the national development plan.

Submission of monitoring and evaluation report

19. A Ministry or sector agency shall submit to the Commission a monitoring and evaluation report on the implementation of an approved development plan of the Ministry or sector agency for each quarter in accordance with the format specified in the Tenth Schedule.

Joint Development Planning Areas

Request for joint development planning areas

20. (1) Two or more District Assemblies that are contiguous may propose the declaration of a joint development planning area to the Commission through the Minister.

(2) The Commission, in consultation with the Minister, shall establish a technical committee to identify the spatial, physical, social and economic characteristics that justify the creation of the joint development planning area.

(3) If the technical committee supports the creation of a joint development planning area, a report and a draft executive instrument on the joint development planning area in the form set out in the Eleventh Schedule shall be prepared for the approval of the Commission.

(4) The Commission shall submit the approved draft Executive Instrument to the President for consideration and approval.

Development plan for joint development planning area

21. (1) The joint development planning board established by the Executive Instrument shall prepare a plan for the joint development planning area in accordance with guidelines issued by the Commission.

(2) The joint development planning board shall submit the plan to the Commission for approval.

(3) The Commission shall submit the approved plan to the President for consideration and approval.

Special Development Areas

Criteria to determine a special development area

22. (1) The Commission shall consider the criteria in the Twelfth Schedule to determine the creation of a special development area.

(2) The Commission shall prepare an Executive Instrument in relation to the designation of a special development area for the consideration of the President as set out in the Thirteenth Schedule.

(3) The Commission shall submit the draft Executive Instrument to the President for consideration and approval.

Miscellaneous Matters

Data and information

23. A planning authority shall provide data and information as re- quested by the Commission.

Training of planning personnel

24. The Commission shall advise on the training, qualification and employment of planning personnel required for a planning authority, in consultation with the

(a) Ghana Institute of Planners,

(b) National Accreditation Board,

(c) Kwame Nkrumah University of Science and Technology and other tertiary institutions,

(d) Civil Service,

(e) Local Government Service,

(f) Institute of Local Government Studies, and

(g) any other relevant institution.

Grievance procedure

25. A person with a grievance about any matter concerned with the functions of a planning authority shall use the grievance procedure provided in the Fourteenth Schedule.

Offences

26. (1) A planning authority that fails to comply with these Regulations commits an offence and the person responsible for the failure to comply, shall face disciplinary action by the relevant authority.

(2) A person who exercises a statutory power or discharges a duty inconsistent with the Act, commits an offence and is liable to face disciplinary action by the relevant authority.

(3) A public officer who fails to furnish the Commission with an official document or information within the specified period, commits an offence and is liable to face disciplinary action by the relevant authority.

Timelines

27. The timelines specified in the Fifteenth Schedule shall apply to the activities to be undertaken under these Regulations.

Interpretation

28. In these Regulations, unless the context otherwise requires,

"Act" means the National Development Planning (System) Act, 1994 (Act 480);

"agency" includes an institution;

"civil society organisation" includes a non-governmental organisation, community based organisation and faith based organisation;

"composite budget" means integration of revenue and expen- diture of all departments under a District Assembly;

"consultant" means an expert who charges fees to provide advice or service in a particular field;

"consultative process" includes community meetings and announcements, written and electronic communication;

"contiguous" means adjoining or adjacent to;

"development plan" includes policies, programmes, projects and monitoring and evaluation plans;

"Director-General" means the person appointed under section 10 of the National Development Planning Commission Act, 1994 (Act 479);

"district" means the area of authority of a District Assembly and includes a metropolis and a municipality;

"District Assembly" includes a Metropolitan Assembly and a Municipal Assembly;

"district planning authority" means a District Assembly;

"environment" means the natural and man-made world induding land, water, plants and animals especially as affected by human activity;

"executive committee" is the body that performs the executive and co-ordinating functions of a District Assembly;

"governing body" means the membership of the Commission;

"government agency" means a Ministry, department, non-profit making statutory body or any other agency of government;

"guidelines" means general rules, principles or advice related to the development planning process;

"local action plans" include sub-district plans;

"Minister" means the Minister responsible for local government;

"monitoring and evaluation" means tracking of the use of resources and evaluating progress towards the achievement of stated goals, objectives and outputs through the systematic collection of data on specified indicators;

"national development planning" means the strategic measurable goals that the nation plans to meet within a specific time frame to be evaluated with a known criteria to assess whether or not the goals and targets were met;

"plan" includes development plan and an annual action plan;

"policy" means a statement of intent or course of action designed to influence and determine a decision, event and other matters;

"policy framework" means a structured set of policies and strategies designed to achieve a specified development goal;

"private sector" means the part of the national economy under private ownership in which the allocation of productive resources is controlled by market forces rather than public authorities and other sectors of the economy not under the public sector or government;

"public hearing" means a meeting to obtain the views of stake- holders;

"public office" includes

(a) an office where the emolument, remuneration or allowances attached are paid from the Consolidated Fund or a public fund provided by the Government or by Parliament;

(b) an office in a statutory corporation, a public corporation or a board or council established by an enactment; or

 (c) an office in a company partially or wholly owned by the Republic;

"relevant authority" means the body with specific responsibility to discharge a duty;

"sector" means a distinct part or branch of the economy;

"sector agency" means a body responsible for a distinct part or branch of the economy;

"stakeholders" mean individuals or groups who have an interest or concern in the ultimate decision being considered; and

"strategy" means an analytical approach designed to facilitate the achievement of a desired future by way of one or more goals and solutions to a problem under a condition of uncertainty utilising limited resources in a most efficient and effective manner.

FIRST SCHEDULE
(Regulation 1 (2))

Composition of Metropolitan, Municipal and District Planning Co-ordinating Unit

metropolitan

Municipal

District

1.Metropolitan coordinating director

2.Metropolitan director, Works Department
3. Metropolitan director, Physical Planning Department

4.Metropolitan director, Department of
Trade and Industry

5.Metropolitan director, Directorate of Agriculture

6.Metropolitan director, Department of Social Welfare and Community Development

7.Metropolitan director, Legal Department

8.Metropolitan director, Waste Management Department

9. Metropolitan director, Urban Roads Department

10.Metropolitan director, Budgeting and Rating Department

11.Metropolitan director, Transport ~, Department

12.Metropolitan director, Finance Department

13.Metropolitan director, Education, Youth and Sports Department

14.Metropolitan director, Health Department

15.Municipal co-ordinating director

16.Municipal planning officer

17.Municipal budget officer

18.Municipal director, Finance Department

19.Municipal director, Health Department

20.Municipal director, Department of Education, Youth and Sports

21.Municipal director, Directorate of Agriculture

22.Municipal director, Department of Social Welfare and Community Development

23.Municipal director, Department of Trade and Industry

24.Municipal director, Physical Planning Department

25.Municipal director, works or district engineer

26.Municipal director, Disaster Prevention and Management Department

27.Municipal director, Natural Resources Conservation, Department of Forestry, Game and Wildlife Division

14. Municipal director, Transport Department

1.District co-ordinating director

2.District planning officer

3.District budget officer

4.District director, Finance Department

5.District director, Health Department

6.District director, Department of Education, Youth and Sports                                         7. District director, Directorate of Agriculture

8.District director, Social Welfare and Community Development

9.District director, Department of Trade and Industry

10.District director, Physical Planning Department

11.District director, works or district engineer

12.Distinct director, Disaster Prevention and Management Department

13.District director, Natural Resources Conservation, Department of Forestry, Game and Wildlife Division

14.Convener of the development planning subcommittee of the executive committee

115 Metropolitan director, Natural Resources Conservation Department of Forestry, Game and Wildlife Division

I 16. Metropolitan director, Disaster Prevention Department

117.Convener of the development planning subcommittee of the executive committee

[ 18. A representative each of civil society and the traditional authority identified and selected by the metropolitan planning authority with the right to vote

19.A maximum of five representatives of relevant non-decentralised agencies and
organisations co-opted by the metropolitan planning unit with the right to vote.

15, Municipal director, Urban Roads Department

16.Convener of the development planning subcommittee of the executive
committee

17, A representative each of civil society and the traditional authority identified and
selected by the municipal planning authority with the right to vote

18, A maximum of five representatives of relevant non-decentralised agencies and
organisations co-opted by the municipal planning unit with the right to vote,

15.A representative each of civil society, traditional authority, i~fied and
selected by the district planning authority with the right to vote                                                                                                                            

16.A maximum of five representatives of relevant non-decentralised agencies and
organisations co-opted by the district planning unit with the right to vote.

The role of a metropolitan, municipal or district planning co-ordinating unit is to prepare the draft metropolitan, municipal or district medium term development plan. This is in addition to other planning functions in the Act, the Local Government Act, 1994 (Act 462) and the Local Government Service Act, 2003 (Act 656).

Administrative arrangements

(1) The metropolitan, municipal or district co-ordinating director shall lead the metropolitan, municipal or district planning co-ordinating unit to prepare the draft district medium term development plan.

(2) The metropolitan, municipal or district planning officer shall be the secretary to the metropolitan, municipal or district planning co- ordinating unit.

(3) The office of the metropolitan, municipal or district planning officer shall be the secretariat of the metropolitan, municipal or district planning co-ordinating unit.

(4) The metropolitan, municipal or district planning officer shall head a smaller team within the metropolitan, municipal or district planning co-ordinating unit to provide technical support to the plan preparation exercise and the output of this team shall be considered by the metropolitan, municipal or district planning co-ordinating unit.

(5) The metropolitan, municipal or district planning co-ordinating unit shall prepare a detailed work plan on the activities to be carried out including data collection from the metropolitan, municipal or district departments, data analysis and synthesis, the responsible officials, the time frame and the budget for the plan preparation exercise to be financed by the District Assembly.

SECOND SCHEDULE
(Regulation 2 (2))

Procedure for the preparation, collation and integration of a district development plan

Executive summary

General background to the preparation of the district medium term development plan including a brief description of the process, content and participation of key stakeholders, public hearings, a brief insight into the scope and direction of the development programmes and projects for the current medium term plan (as informed by the community needs, aspirations as indicated in local or community action plans and existing medium term development policy framework) and an indicative budget, financial plan and expected outcomes.

Chapter 1: Performance review / profile / current situation/baseline
Districts are to generate composite data from all departments under the District Assembly. The data in this chapter should include a statement on the analysed status and performance of the District Assembly in implementing composite programmes and projects under each of the thematic areas of the immediate past national medium term development policy framework and other interventions at the district level. The information must include the current situation, baseline or profile of the district including maps and a summary of key composite development
problems, issues or gaps identified from the situation analysis reflecting spatial dimensions and the profile.

Chapter 2: Key development issues and priorities

Information under this chapter shall include a statement on:

(a) the district composite development priorities extracted from all the departments under the District Assembly and their spatial implications on base maps and linked to the appropriate thematic areas of the existing national medium term
development policy framework; and

 (b) development options to achieve the desired future state of the district, translated into maps.

Chapter 3: Development goal, objectives and strategies

The information should include a statement on

(a) a clear district development focus;

(b) a clear district goal consistent with the goal of the national medium term development policy framework;

(c) development projections for the medium term plan prepa- ration period;

(d) relevant policy objectives adopted from the medium term policy framework; and

(e) relevant strategies adopted under each of the adopted policy objectives from the national medium term policy framework to achieve the objectives of the district and national goals.

Chapter 4: Composite development programmes

The data and information provided in this chapter should include a statement on the broad district composite development programmes including spatial development framework for the plan preparation period (including joint programmes if any) and an indicative composite financial plan.

Chapter 5: District composite annual action plan

The data and information should include a statement on

(a) district composite annual action plan of all departments under the district reflecting spatial planning interventions including structure plans and local plans;

(b) district composite budget on all activities in the composite district annual action plan for incorporation into the national budget; and

(c) implementation of composite annual action plan and budget.

Chapter 6: Monitoring and evaluation arrangements:

(See Fourth Schedule)

Chapter 7: Communication Strategy

The data and information should include a communication strategy or plan relating to

(a) dissemination of the district medium term development plan and annual progress reports on the implementation of the district medium term development plan;

(b) creation of awareness on the expected roles of the stake- holders, in the implementation of the district programmes, projects and activities;

(c) promotion of dialogue and generation of feedback on the performance of the district; and

(d) promotion of access to and management of expectations of the public concerning the services of the District Assembly.

THIRD SCHEDULE
(Regulation 3 (2))

Guidelines for the conduct of public hearings on district development plan

1.      Introduction

The development planning system recognises community participation as an essential and integral part of effective development planning.

In pursuance of this objective, Sections 3(1), (2) and (3) of the Act provides the main features of community participation as follows:

(1) Each District Assembly is required to conduct a public hearing on its draft district development plan before the plan is adopted.

(2) Sub-district authorities, such as town or area councils and unit committees, or a local community that has been authorised by the district planning authority to prepare a sub-district plan or a local action plan, must also conduct a public hearing before the adoption of the plans.

(3) A written report on the public hearing including written submissions by individuals, groups, communities and organisations must be attached to the proposed district development plan and subsequently sent to the District Assembly.

(4) The following guidelines seek to operationalise these features by focusing on

(a) levels and number of public hearings,

(b) dates, time and scheduling of public hearing,

(c) participation in public hearing,

(d) notice of public hearing,

(e) procedure and ethics at public hearing, and

(d) format for public hearing report.

2. Levels and number of public hearings

2.1 District and sub-district levels

(1) A district planning authority shall organise a public hearing on the draft district development plan.

(2) The public hearing shall be open to each citizen in the district and at the sub-district leve1.

(3) Citizens shall be informed and educated on the entire district development planning process and its implications.

2.2 Types of public hearings

(1) A district planning authority may hold public hearings on sub- district development plans.

(2) The district planning authority shall prescribe a procedure to be followed at the public hearings on the sub-district development plan.

(3) The district planning authority shall hold at least two public hearings on the draft district development plan.

2.3 Procedure at district public hearings

(1) The district planning co-ordinating unit shall conduct the first public hearing after the collection and analysis of data to assess the current situation and problems of the district.

(2) The district planning co-ordinating unit shall conduct a second public hearing for the discussion of the draft district development plan.

(3) The participants at the public hearing shall include

(a) the District Chief Executive or the representative of the District Chief Executive;

(b) Assembly Members including Members of Parliament;

(c) the chairpersons and members of the Urban, Zonal, Town or Area Councils;

(d) the chairpersons and members of the unit committees;

(e) the members of the district planning co-ordinating unit;

(f) Heads of the departments of the District Assembly or their representatives;

(g) chiefs, traditional authorities and opinion leaders;

(h) civil society organisations, non-governmental organisations, community-based organisations, faith based organisations, private sector organisations, labour unions;

(i) voluntary and youth associations, women's groups and cultural organisations ,excluded, disadvantaged and marginalised groups;

(j) political party-representatives; and

(k) heads of non-decentralised government departments and agencies and state-owned corporations and enterprises.

(4) Copies of the draft district development plan shall be displayed on the premises of the District Assembly and on their website at least two weeks before the date of the hearing.

2.4. Notice of public hearing

(1) Notice of public hearings that indicates the venue, date and time should be given by the district planning co-ordinating unit through the local media and other appropriate means.

(2) The Regional Co-ordinating Council shall be notified and invited to observe the public hearing.

(3) A public hearing shall be held on days that are devoid of any other major activity, function or meeting.

2.5. Discussion at a public hearing

The district planning co-ordinating unit shall present the draft district development plan and facilitate a discussion of the plan by the participants.

2.6. Ethics during discussion at a public hearing

(1) As far as practicable, participants at a public hearing shall be given the opportunity to be heard in a civil manner.

(2) At the public hearing, particular care shall be taken to encourage the participation of women and excluded, disadvantaged and marginalised groups.

2.7. Language and style used for discussion

(1) Presentation and discussions at a public hearing shall be in the language that is common to the majority of the participants.

(2) Where a common language at the public hearing does not exist some mechanisms, interpretation and translation should be provided.

This mechanism may involve the use of pictorial images to demonstrate programme or project characteristics, location and spatial or environ- mental impact among others.

(3) The style shall be friendly and encourage participation.

2.8. Format for public hearing report

The following format should be used to prepare the report on the public hearing:

Name of District/Region

Name of Urban, Zonal, Town, Area Council or Unit

Venue

Date

(I) Identifiable representations at hearing such as chiefs, government agencies, political parties and economic groupings;

(2) Total number of persons at the hearing;

(3) Gender ratio or percentage represented or give a head count of women present;

(4) Major issues at public hearing in order of importance;

(5) Main controversies and major areas of complaints;

(6) A brief comment on the general level of participation; and

(7) Any other relevant information.

Assent to Acceptance of public hearing report:

Signature of:

      District Chief Executive: ......................... .

      Leader of district planning co-ordinating unit: .................... .

       Secretary to the district planning co-ordinating unit: ............... .

FOURTH SCHEDULE
(Regulations 7 (b) and 17 (b))

Format of monitoring and evaluation plan

Chapter One

1.0 Introduction

1.1 Goal and objectives of the district or sector development plan
1.2 Purpose of the monitoring and evaluation plan

1.3 Implementation status of the district or sector development plan

Chapter Two

2.0 Monitoring and evaluation activities

2.1      Stakeholders analysis

2.2     Monitoring and evaluation conditions and capacities

2.3      Indicators and targets

2.4     Monitoring and evaluation matrix

2.5     Monitoring and evaluation calendar (work plan)

2.6     Monitoring and evaluation budget

2.7      How data will be collected and collated

2.8      How data will be analysed and used

2.9     How and when to report on progress

2.10    How and when to report on findings
2.11    How dissemination will be done

2.12   How participatory monitoring and evaluation will be done

Chapter Three

3.0 Other issues of relevance to monitoring and evaluation,such as

3.1 Collaboration with development partners

3.2 Process of developing the monitoring and evaluation plan

FIFTH SCHEDULE
(Regulation 8 (2))

Format for district annual action plan

(l) District goal

(2) Adopted district objectives

(3) Composite activities (local spatial plans with maps)

(4) Location (on maps)

(5) Time frame (in quarters)

(6)     Annual composite budget (internally generated funds and external sources)

(7) Implementing agencies (lead and collaborating)

SIXTH SCHEDULE

(Regulations 8 (3) and 10)

Format of district quarterly and annual monitoring and evaluation report

Title page

(1) District

(2) Monitoring and evaluation report for (time or period)

Introduction

(1) Status of implementation of the district medium term development plan

(2)Purpose of the monitoring and evaluation for the stated period

(3) Processes involved and difficulties encountered

Monitoring and evaluation activities report

(1) Programme or project status for the quarter or year

(2) Update on disbursements from funding sources

(3) Performance of indicators against targets

(4) Update on critical development and poverty issues

(5) Evaluations conducted, findings and recommendations

(6) Participatory monitoring and evaluation approaches used and the results

The way forward

(1) Key issues addressed and those yet to be addressed

(2) Recommendations

SEVENTH SCHEDULE
(Regulation 13 (2))

Regional Planning Co-ordinating Unit

Composition

1.The regional co-ordinating director as head

2.The regional economic planning officer as secretary

3.Regional budget officer

4.Regional finance officer /internal auditor

5.Regional director of health

6.Regional director of education

7.Regional director of agriculture

8.Regional chief works engineer

9.Regional town and country planning officer
10 Regional statistical officer

10.Regional Co-ordinating Council nominee

11.One representative each from chiefs and traditional authorities, civil society organisations, the private sector and other relevant regional departments and organisations identified and selected by the Regional Co-ordinating Council.

Role

A Regional Co-ordinating Council should submit the regional integrated plan to the Commission not later than one month after the receipt of the district development plans from the district planning authority.

Where the Regional Co-ordinating Council's recommendation to modify the district development plan is not accepted by a resolution of a particular District Assembly, the District Chief Executive of that District Assembly should inform the chairperson of the Regional Co-ordinating Council and state the reasons for the non-acceptance with
a copy of the district development plan approved by the District Assembly attached.

The chairperson of the Regional Co-ordinating Council should submit the district development plan to the Commission without changes with the position of the District Assembly on the modifications, the recomended modifications by the Regional Coordinating Council and a copy of the integrated plan of the region.

Administrative arrangements

(1) The regional harmonisation process begins with the receipt of the district development plans. and the completed integrated plans by the regional co-ordinating council.

(2) The integrated plans shall be in the format specified in the Eighth Schedule.

(3) The regional co-ordinating council shall refer the district development plans and the completed integrated plans to the regional planning co-ordinating unit for study and advice.

(4) The regional planning co-ordinating unit shall take into consideration the interventions for each district, location in adjoining districts and other matters of relevance and ensure that the development plans are integrated with national development policies and priorities.

(5) The regional co-ordinating council shall consider the advice of the regional planning co-ordinating unit and adopt it as a regional inte- grated plan.

(6) If the regional integrated plan has the effect of modifying any district development plan, the modified district development plan shall be referred back to the relevant district planning authority.

(7) A modification accepted by the district assembly shall be incorporated into the district development plan and re-submitted to the regional co-ordinating council.

(8) The regional planning co-ordinating unit shall prepare the final draft of the regional integrated plan for approval by the regional co-ordinating council.

(9) The approved regional integrated plan shall be submitted to the Commission for approval and incorporation into the draft national development plan.

EIGHTH SCHEDULE
(Regulation 14)

Format for the regional integrated plan

The integrated plan of the regional planning co-ordinating unit should follow this outline:

Executive summary

This should include

(a) general background to the preparation of the integrated plan of the regional planning co-ordinating unit including a brief description of the process and participation of key stake- holders; and

(b) brief insight into the scope and direction of the develop- ment of the region based on the medium term policy frame- work.

Chapter 1: Background of the region

This should be a statement on

(a) physical characteristics of the region disaggregated by district where applicable;

(b) socio-economic characteristics disaggregated by district where applicable; and

(c) political and administrative arrangements disaggregated by district and their composition where applicable, for example, current District Assemblies and their composition, urban, zonal, town and area councils, unit committees and Members
of Parliament.

Chapter 2: Integrated district and national development plans and strategies

This chapter should include the integrated development plans and strategies related to

Chapter 3: Proposed interventions in the region

This chapter should be a statement on the summary of proposed thematic activities relating to

(a) spatial distribution,

(b) indicative cost,

(c) allocation of financial resources,

(d) complementarities,

(e) issues identified for joint district assemblies' planning, and

(f) gender equity.

Chapter 4: Conclusion and recommendations

After each integration exercise, the regional planning coordinating unit should indicate the key observations they arrived at and proposal for the Commission's consideration.

Procedure for the integration of plans

The district planning co-ordinating unit shall

(a) identify the issues of the 'medium term policy framework under the appropriate thematic and focus areas;

(b) identify the issues of the district medium term development plans under the appropriate thematic area of the district;

(c) in the harmonisation format provided by the Commission, match and tick against the district if an issue of the district relates to that of the medium term policy framework;

(d) continue this process until all the issues of the district are covered;

(e) place a dash against the district where an issue does not relate to the medium term development plan; and

(f) sum up and strike the percentage of the relationship of the issues of the district to those of the medium term policy framework and conclude whether the relationship is strong or weak.

NINTH SCHEDULE
(Regulation (16) 2) (b))

Outline of sector medium term development plan

Executive summary:

General background to the preparation of the sector medium term development plan including brief description of the process and participation of key stakeholders, a brief insight into the scope and direction of the development policies, programmes and projects for current medium term development policy framework, indicative budget, financial plan and expected outcomes.

Chapter 1: Profile/current situation/baseline

The information under this chapter shall include a statement on the analysed status of the performance of the Sector in implementing programmes and projects under the thematic areas of the immediate past national medium term development policy framework and other interventions. The information shall include the current situation or
baseline or profile of the Sector, maps and a summary of key development problems, issues or gaps identified from the situation analysis.

Chapter 2: Development priorities

The information under this chapter shall include a statement on the sector development priorities and their spatial implication on base maps and linked to the appropriate thematic area of the immediate past national medium term development policy framework. Development options to achieve the desired future state of the sector, translated in maps.

Chapter 3: Development goal, objectives and strategies

The data and information shall include a statement on

(a) a clear sector goal consistent with the goal of the current national medium term development policy framework;

(b) development projections for current national medium term development policy framework; and

 (c) relevant policy objectives and strategies adopted from the current national medium term development policy frame- work to achieve sector and national goals.

Chapter 4: Development programmes

The information shall include a statement on broad sector development programmes including spatial development framework for current planning period (including joint programmes if any) and an indicative financial plan.

Chapter 5: Sector annual action plan

The data and information under this chapter shall include a statement on

(a) annual sector action plan reflecting spatial planning interventions including structure plan;

(b) annual sector action plan linked to the sector medium term expenditure framework and the national annual budget; and

(c) implementation of annual action plan and budget.

Chapter 6: Monitoring and evaluation plan format as specified in the Fourth Schedule

Chapter 7: Communication strategy

The data and information shall include a statement on communication strategy or plan relating to

(a) dissemination of the medium term sector development plan and annual progress report on the implementation of the sector medium term development plan;

(b) creation of awareness on the expected roles of the stake- holders in the implementation of the sector programmes;

(c) promotion of dialogue and generation of feedback on the performance of the sector; and

(d) promotion of access and management of expectations of the public concerning the services of the sector.

TENTH SCHEDULE
(Regulation 19)

Format for quarterly and annual sector monitoring and evaluation report

Title page

(1) Sector

(2) Monitoring and evaluation report for (time or period)

Introduction

(1) Status of implementation of the medium term sector development plan

(2) Purpose of the monitoring and evaluation for the stated period

(3) Processes involved and difficulties encountered

Monitoring and evaluation activities report

(1) Programme or project status for the quarter or year

(2) Update on disbursements from funding sources

(3) Performance of indicators against targets

( 4) Update on critical development and poverty issues

(5) Evaluations conducted, findings and recommendations

(6) Participatory, monitoring and evaluation approaches used and the results

The way forward

(1) Key issues addressed and those yet to be addressed

(2) Recommendations

ELEVENTH SCHEDULE
(Regulation 20 (3))

Draft Executive Instmment for the designation of a Joint Development Planning Area

JOINT DEVELOPMENT PLANNING AREA INSTRUMENT, 2016

In exercise of the powers conferred on the President by subsection (2) of section 12 of the National Development Planning (System) Act, 1994,

Act 480, this Instrument is made this ......................... day of ................ . 2016

Designation of Joint Development Planning Area

1. The contiguous areas specified in the Schedule to this Instrument are designated as a Joint Development Planning Area and shall for the purposes of this Instrument be known and described as the ............................. Joint Development Planning Area.

Establishment of Joint Development Planning Board

2. There is established for the Area a Joint Development Planning Board referred to in this Instrument as "the Board".

Composition of the Board

3. (1) The Board comprises

(a) the regional Ministers of the districts constituting the area;

(b) the District Chief Executives of the area constituting the area;

(c) the regional representative of the National Development Planning Commission of the districts constituting the area;

(d) the chairpersons of the Development Planning Sub-Committees of the Executive Committees of the districts constituting the area;

 (e) the District planning officers of the districts constituting the area;

(f) the District Directors of the Departments of Physical Planning of the District Assemblies of the districts constituting the area;

(g) representatives of the Regional Houses of Chiefs of the districts constituting the area; and

(h) a representative of the Ministry of Local Government.

(2) The Board may co-opt the representatives of non-decentralised agencies and civil society organisations identified and selected by the Board.

(3) The chairperson of the Board shall be a regional representative of the Commission elected by the Board who shall serve as chairperson for a period of two years but is eligible for re-election.

Objects and functions of the Board

4. The object of the Board is to formulate and supervise the implementation of development plans for the designated Area.

Functions of the Board

The functions of the Board are to

(a) determine the economic, social, spatial and sectoral policies of the designated Area;

(b) mobilise human, physical and financial resources for the development of the designated Area;

(c) perform the planning functions of district planning co-ordinating units specified in Section 7 of the Act in relation to the designated Area to the extent that they are
consistent with the broad objectives for the designation of the Area; and

(d) prepare a draft development plan for the designated Area.

Commission to approve draft development plans

5. (1) The draft development plan prepared by the Board shall be submitted to the Commission for approval with copies to the District Planning Authorities of the districts constituting the Area and the relevant Regional Co-ordinating Councils.

 (2) Where an Area comprises districts in more than one region, copies of the draft development plan shall be submitted to each of the affected Regional Co-ordinating Councils.

(3) The plans of the District Planning Authority constituting the Area shall be modified upon approval of the development plan of the Board by the Commission.

Board not to be responsible for other functions of District Assemblies
6. A Board shall not be responsible for any other functions of a District Assembly with the exception of the planning functions specified in paragraph 4 of this Instrument.

Interpretation

7. In this Instrument, unless the context otherwise requires:

"Act" means the National Development Planning (System) Act, 1994 (Act 480);

"Area" means the Joint Development Planning Area designated under regulation 1 of this Instrument;

"Board" means the Joint Development Planning Board established under regulation 2 of this Instrument;

"Commission" means the National Development Planning Commission;

"district" includes a municipality and metropolis; and

"District Assembly" includes a Municipal Assembly and a Metropolitan Assembly.

SCHEDULE

Description of Joint Development Planning Area

Signed ................................................................. .

President of the Republic of Ghana

TWELFTH SCHEDULE
(Regulation 22 (1))

Criteria for the creation of a special development area

A special development area may be designated for the following reasons:

That it is an area

(a) with a special strategic national facility such as a hydro- electricity dam facility, a major irrigation facility, a nuclear facility and similar facilities that must be managed with
specialised expertise;

(b) which produces a strategic resource such as crude oil, natural gas, uranium and similar Resources;

(c) with strategic defence, security and intelligence installations and similar Installations;

(d) reserved as an exclusive Presidential, ministerial or diplomatic enclave or similar enclaves; and

(e) that must be specially preserved and managed on account of its unique scenic, aesthetic, ecological and similar characteristics.

THIRTEENTH SCHEDULE
(Regulation 22 (2))

Draft Executive Instrument for the designation of a Special Development Area

SPECIAL DEVELOPMENT AREA INSTRUMENT, 2016

In exercise of the powers conferred on the President by subsection (1) of section 14 of the National Development Planning (System) Act, 1994, (Act 480), this Instrument is made this           day of ............................ , 2016.

Designation of Special Development Area

1. The area specified in the Schedule to this Instrument is hereby designated a Special Development Area and shall be known and described

                                                                        as the             Special Development Area.

Local Authority for the Area

2. The .......................................................................................................... ,

is hereby constituted as the local authority for the Area and shall be the planning authority for the area.

The Area's electoral areas to elect representatives to the .................. .

District Assembly     3. (1) Despite paragraph 2 of this Instrument, the          .

.............................. . District Assembly established under the [Local

Government ( ................................. District Assembly) (Establishment)

Instrument, ..................... (L.I .............................. ) shall include persons

who represent the electoral areas of the Area who shall be elected directly by the electorate in accordance with Regulations made in that behalf by the Electoral Commission.

(2) For the purpose of election to the Assembly, the Area shall be divided into the electoral areas specified in the Schedule to the [Local

                                         Government (       District Assembly) (Establishment) Instrument,

................................................................ )

The Authority to perform certain functions of a District Assembly

5. (1) Except as otherwise provided in this Instrument,

                                                  the    .............................Authority shall, in relation to the Area,

perform the functions conferred on a District Assembly by the Local Government Act, 1993 (Act 462).

(2) Without limiting subregulation (1) , the ............................................. .

                                                           Authority         shall perform the functions specified

in the Local Government (Departments of District Assemblies) (Commencement) Instrument, 2009, (L.l. 1961)

The Authority not to exercise political authority

6. The Authority shall not exercise any political authority in relation to the area.

The Authority to be rating, licensing and fee-charging authority

7. (1) For the avoidance of doubt, the Authority shall be the rating, licensing and fee-charging authority for the area but shall not impose any

rates lower than those charged by the ....................................... District Assembly in respect of similar properties, services, facilities, licences or permits in the ........ district.

(other revenues or moneys levied, charged, raised or received by the Authority in relation to the functions conferred on it under regulation 4 of this Instrument.

Interpretation

8.In this Instrument, unless the context otherwise requires

"Area" means the Special Development Area designated under regulation 1 of this Instrument;

"Authority" means the institution responsible for the day to day administration of the Area;

"Minister" means the Minister responsible for Local Government; and

"political authority" includes any authority exercised by the local authority in pursuance of general political guidelines or directives issued by the Electoral Commission and
includes specific guidelines on the registration of voters, organisation and conduct of District Assembly and Unit Committee elections.

SCHEDULE

Description of Special Development Area

Signed ...................................................... .

President of the Republic of Ghana

FOURTEENTH SCHEDULE
(Regulation 25)

Grievance procedure

(1) A grievance shall be in written form and signed by the aggrieved person or an agent of the aggrieved person.

(2) The grievance shall contain the full name and address of the aggrieved person, the planning authority against whom the grievance is being made, the nature of the grievance and the documents in support of the claim or relief sought.

(3) A grievance against a district planning authority shall be lodged with the Regional Minister of the relevant region within three months after the grievance arises.

(4) The Regional Minister shall cause an investigation to be conducted into the grievance and determine appropriate redress within six weeks of receipt of the grievance.

(5) In the event that redress is not obtained at that level, the Regional Minister shall be required to submit the original grievance as well as the findings from the investigation conducted by the Regional Minister to the Commission within two weeks.

(6) Where the Commission considers that the grievance relates to a function of a district planning authority, the Commission shall set up an Advisory Board comprising a member of the Commission, a lawyer and a person with expertise in the area of the grievance within two months.

(7) The Advisory Board shall make a full report on its findings and make recommendations to the Commission within two months.

(8) The Commission shall consider the report and may accept or reject the recommendation or request for further investigations within six weeks.

(9) The Commission may direct a public inquiry into the grievance if it considers it necessary instead of a hearing. A public enquiry may take place if numerous objections are made against a proposed development plan, structure plan or local action plan.

(10) An Advisory Board may make recommendations to the Commission for improvement in the planning process.

FITTEENTHSCHEDULE
(Regulation 27)
Timelines

I

I
I

r

I Submssion of draft

district or sector

 development plan from
the Regional Co-

 

ordinating Councilor

sector to the National
Development Planning
Commission

Regional or
sector
Minister

May

National Development Planning l
Commission to acknowledge date

and time of receipt of the draft distnct \'
or sector development plan

N
N
W
N

June

National Development Planning
Commission provides comments for
the revision of the draft district or
sector development plan

  Approval of the draft         District             Chairman,

  district or sector                  development National

  Development plan by the plan or sector            Development

National Development development        Planning

I Planning Commission plan approved   Commission

                    I Feedback and                    Assessment       Director-

                    approval for the district       report       General,

                    I development plan or              National

                    : the sector development         Development

                    i plan by the                         Planning

                    i Commission                       Commission

~~~~------+---------~~~~~------+-----~------------------. --

                      Re-submssion of the        Revised district Planning        End July        Planning Authorities to revise the

                      revised plan to the            development Authorities                     draft sector development plan or

                      Commission    plan or sector                                                district development plan based on

                                                development                                                 the recommendations of the

                                                plan re-                                          Commission and adopted for

                                                submitted                                                      resubmission to the Commission
through the Regional Co-ordinating

L- ______ -L _________ -L ______ -J ______ ~ ___ ~ _____ ~Co~u~nc~il~. ____ _

Draft district
development
plan or sector
development
plan submitted
and
acknowledged

End June

National Development Planning
Commission to provide detailed
assessment report that includes
recommendations on the draft dislrict
or sector development plan

I

~

I

Chairperson of the National Development
Planning Commission

Date of Gazette notification: 19th February, 2016.

Entry into force: 20th May, 2016.

GHANA PUBLISHING COMPANY LTD, ASSEMBLY PRESS, ACCRA GPCLlAS12l1,400/07/2016
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