TOWN AND COUNTRY PLANNING: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Town and Country Planning (Declaration of Planning Areas) Order
Town and Country Planning (General Development) Order
Town and Country Planning (Minimum Size for Subdivision of Land) Order
Town and Country Planning (Transfer of Function) Order
Town and Country Planning (Transfer of Planning Functions) Order
(section 4)
(24th February, 1978)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Preparation of Town Planning Scheme
Schedule
S.I. 16, 1978,
S.I. 17, 1978,
S.I. 18, 1978,
S.I. 19, 1978.
This Order may be cited as the Town Planning Scheme Order.
2. Preparation of Town Planning Scheme
Each city or town council specified in the Schedule to this Order shall prepare a city or town planning scheme with reference to all land situate within the area of such city or township as defined under the provisions of the Townships Act, and shall submit the scheme to the Board.
SCHEDULE
Francistown
Gaborone
Lobatse
Selebi-Phikwe
TOWN AND COUNTRY PLANNING (DECLARATION OF PLANNING AREAS) ORDER
(section 4)
(1st August, 1980)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Declaration of planning areas
3. Applicant for planning permission entitled to copy of relevant map on payment of current fee
SCHEDULE
S.I. 97, 1980,
S.I. 143, 1984,
S.I. 121, 1993,
S.I. 59, 1994,
S.I. 27, 1995,
S.I. 101, 2010,
S.I. 123, 2010,
S.I. 96, 2013,
S.I. 28, 2016,
S.I. 29, 2016,
S.I. 71, 2016,
S.I. 6, 2018,
S.I. 161, 2019,
S.I. 115, 2020,
S.I. 116, 2020,
S.I. 10, 2022,
S.I. 50, 2022,
S.I. 51, 2022,
S.I. 165, 2022,
S.I. 35, 2023,
S.I. 36, 2023,
S.I. 83, 2023,
S.I. 110, 2023.
This Order may be cited as the Town and Country Planning (Declaration of Planning Areas) Order.
2. Declaration of planning areas
Each of the areas of land in Botswana specified in the first column of the Schedule is hereby declared to be a planning area and shall, for the purposes of the Act, be known by the name specified in the corresponding entry in the second column of the Schedule.
3. Applicant for planning permission entitled to copy of relevant map on payment of current fee
(1) The Director of Town and Regional Planning shall, on written application being made to him for that purpose and on payment of the current fee, provide every prospective applicant for permission for any development in a planning area with a copy of the relevant map specified in the Schedule on which the boundaries of the planning area are delineated.
(2) The Minister shall, from time to time, fix the fee to be paid for the provision of a copy of the relevant map under this paragraph.
SCHEDULE
PLANNING AREAS
(Para. 2)
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Area Declared to be Planning Area |
Name of Planning Area |
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1 |
Francistown Township (as declared by the Declaration of Townships Order), the boundaries of which are delineated on map DTRP 4.40-104 deposited with the Director of Town and Regional Planning, Gaborone, together with the area which runs from Point “A” on the Shashe River and along the river approximately North West along the Western boundary of the Water Utilities Corporation’s lease area (around Shashe Dam), North along the Shashe River to a Point “B”; from Point “B”, the boundary runs east along the Northern boundaries of farms 111-OQ, 112-OQ, 113-OQ, 102-OQ and 115-OQ to a Point “C” across the Francistown – Ramakgwebana rail line and road; from Point “C” the boundary runs South East of the Francistown – Ramakgwebana rail line and road to a Point “D”; from Point “D” the boundary goes East to a point where it meets the Ramakgwebana River at Point “E”; from point “E” it follows the international boundary (Botswana/ Zimbabwe) along the same River to a Point “F”; from Point “F” it runs South-West along the boundary of farm 31-NQ to a Point “G”; from Point “G” it runs south and along the Eastern boundary of farm 40-NQ to a Point “H”; then along the South-Western boundary of farm 40-NQ to a Point “I”; from Point “I” the boundary follows along the Sekukwe River and the eastern boundaries of Farms 62-NQ and 63-NQ to a Point “J”; then West along the Southern boundaries of Farms 63-NQ and 64-NQ to a Point “K” in the Tati River and along the same to a Point “L”, it runs along the North-West boundaries of Farms 1/77-NQ to a Point “A”. The boundaries of the area are delineated on map TRP 4.40-262 deposited with the Director of Town and Regional Planning, Gaborone. |
Francistown Planning Area |
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2 |
Gaborone City (as declared under the Townships Act) together with the freehold farms Forest Hill 9-KO (Kgale Hill), Bonnington 7-KO Broadhurst B4-KO, Content 1-KO, Sowenflat 2-KO and Glen Valley 3-KO, the boundaries of which aggregate area are delineated on map DTRP 4.10-183 deposited with the Director of Town and Regional Planning, Gaborone. |
Gaborone Planning Area |
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Sir Seretse Khama International Airport, the freehold farms Traquair 10-KO, Atholl Home 11-KO. Werribee 12-KO, Kentholme 13-KO, Notwane 14-KO, Crocodile Pools 15-KO, and tribal territories Rem 9-KO South of Forest Hill 9-KO, Tlokweng Village and Mogoditshane Village together with their immediate hinterland. The boundaries of the area are delineated on Map No. DTRP 410-395B deposited with the Director of Town and Regional Planning, Gaborone. |
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3 |
Ghanzi Township (as declared by the Declaration of Townships Order), the boundaries of which are delineated on map DTRP 5.10-5 deposited with the Director of Town and Regional Planning, Gaborone. |
Ghanzi Planning Area |
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4 |
Jwaneng Township (as declared by the Declaration of Jwaneng Township Notice, 1979) together with an area contiguous thereto, the boundaries of which aggregate area are delineated on map DTRP 4.150-38 deposited with the Director of Town and Regional Planning, Gaborone. |
Jwaneng Planning Area |
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5 |
Kasane Township (as declared by the Declaration of Townships Order) together with an area (outside the Kasane Forest Reserve) contiguous thereto, the boundaries of which aggregate area are delineated on map DTRP 5.11-12 deposited with the Director of Town and Regional Planning, Gaborone. |
Kasane-Kazungula Planning Area |
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6 |
Lobatse Township (as declared by the Declaration of Townships Order) together with the freehold farm Woodhall 11-JO and so much of the freehold farm Readfontein 19-JO as lies east of the main road from Lobatse to Zeerust in the Republic of South Africa, the boundaries of which aggregate area are delineated on map DTRP 4.70-37 deposited with the Director of Town and Regional Planning, Gaborone. |
Lobatse Planning Area |
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7 |
The area at Selebi-Phikwe subject to the mining lease granted to BCL Limited, the boundaries of which area are delineated on map DTRP 4.100-79 deposited with the Director of Town and Regional Planning, Gaborone. |
Selebi-Phikwe Planning Area |
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8 |
Sowa Township Area; the Sowa Pan Mine Lease Area; the Dukwe Settlement Camp; the area east of the Mine Lease Area, west of Dukwe Settlement Camp, north of the Mosetse River, south of the Nata road and including strip of land north of Nata road; the boundaries of which are delineated on map DTRP 4.120-7 deposited with the Director of Town and Regional Planning, Gaborone. |
Sowa Planning Area |
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9. |
Commencing at trigonometrical beacon BPS 16 on Mmitle Hill as point A; thence in a straight line eastwards to point B on co-ordinates 7490E 7453N; thence in a straight line southwards to point C on co-ordinates 7490E 7440N; thence south-westwards to point D on co-ordinates 7486E 7436N on Mhalatswe river; thence south-eastwards along the Mhalatswe river to point E on co-ordinates 7489E 7430N; thence west-south-west-wards to point F on co-ordinates 7477E 7429N; thence in a straight line north-wards to the point of commencement. The boundaries of the area are delineated on map DTRP 5.17-48 deposited with the Director of Town and Regional Planning, Gaborone. |
Mahalapye Planning Area |
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10. |
Commencing at point A, on co-ordinates 7340E 7310N; thence in a straight line eastwards to point B on co-ordinates 7360E 7310N; thence in a straight line south-wards to point C on co-ordinates 7360E 7292N; thence eastwards in a straight line to point D on co-ordinates 7340E 7292N; thence in a straight line north-wards to the point of commencement. The boundaries of the area are delineated on map DTRP 5.16-47 deposited with the Director of Town and Regional Planning, Gaborone. |
Molepolole Planning Area |
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11. |
Commencing at trigonometrical beacon BPT 365 on Kwahu hill as point A; thence in a straight line south-eastwards to a trigonometrical beacon BPT 361 as point B; thence in a straight line west-south-westwards to point C on co-ordinates 7339E 7223N; thence in a straight line west-south-westwards to a trigonometrical beacon BPS 132 as point D; thence in a straight line north-westwards to a trigonometrical beacon BPT 360 as point E; thence in a straight line northwards to point F on co-ordinates 7323E 7244N; thence in a straight line eastwards to a trigonometrical beacon BPT 351 as point G; thence in a straight line south-east-wards to the point of commencement. The boundaries of the area are delineated on map DTRP 5.15-85 deposited with the Director of Town and Regional Planning, Gaborone. |
Kanye Planning Area |
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12. |
Commencing at point A being the intersection of the Dikabeya river and the Francistown-Gaborone road; thence south-eastwards along Dikabeya river to the confluence of the Dikabeya river and the Lotsane river and further southwards in a straight line to point B on co-ordinates 7526E 7503N; thence in a straight line to the edge of the Leupane Livestock Improvement Centre to point C on co-ordinates 7592 E 7504N; thence north-north-westwards along Morupule river to point D on co-ordinates 7500E 7509N; thence in a straight line northwards to point E on co-ordinates 7500E 7514N; thence in a straight line north-eastwards to the point of commencement. The boundaries of the area delineated on map DTRP 5.18-33 deposited with the Director of Town and Regional Planning, Gaborone. |
Palapye Planning Area |
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13. |
Commencing at trigonometrical beacon BPT 403 on Sokwe hill as point A; thence in a straight line north-westwards to point B on co-ordinates 7463E 7518N; thence in a straight line northwards to point C on co-ordinates 7463E 7530N; thence in a straight line east-north-eastwards through trigonometrical beacons BPS 38 and BPS 39 to point D on co-ordinates 7484E 7532N; thence in a straight line south-eastwards following the Veterinary Fence to point E on co-ordinates 7490E 7523N; thence in a straight line south-westwards to point F on co-ordinates 7487E 7521N; thence in a straight line south-westwards to point G on co-ordinates 7484E 7516N; thence in a straight line west-wards to the point of commencement. The boundaries of the area are delineated on map DTRP 5.13-33 deposited with the Director of Town and Regional Planning, Gaborone. |
Serowe Planning Area |
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14. |
Commencing at point A on co-ordinates 7403E 7309N; thence in a straight line eastwards to point B on Ngotwane river on co-ordinates 7420E 7309N; thence generally southwards along Ngotwane river to point C on co-ordinates 7420E 7305N; thence in a straight line south-wards to point D on co-ordinates 7420E 7295N; thence in a straight line west-wards to point E on co-ordinates 7397E 7295N; thence in a straight line north-wards to point F on co-ordinates 7397E 7300N; thence in a straight line north-eastwards to the point of commencement. The boundaries of the area are delineated on map DTRP 5.14-96 deposited with the Director of Town and Regional Planning, Gaborone. |
Mochudi Planning Area |
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15. |
Commencing at trigonometrical beacon BPT 242 on Morepo hill as point A; thence in a straight line north-north-westwards to point B on co-ordinates 7375E 7257N; thence east-south-eastwards to point C on co-ordinates 7385E 7256N; thence south-westwards along the international boundary between Botswana and Republic of South Africa to point D on co-ordinates 7385 7243N; thence in a straight line south-westwards to point E on co-ordinates 7384E 7240N; thence north-westwards to the point of commencement. The boundaries of the area are delineated on map DTRP 5.19-32 deposited with the Director of Town and Regional Planning, Gaborone. |
Ramotswa Planning Area |
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16. |
Commencing at trigonometrical beacon BPS 252 as point A; thence in a straight line southwards to point B on Boteti river on co-ordinates 7762E 7774N; thence generally south-westwards along Boteti river to point C on Drotsky’s Bridge on co-ordinates 7739E 7770N; thence in a straight line north-north-eastwards to point D on co-ordinates 7740E 7782N; thence in a straight line north-eastwards to point E on co-ordinates 7757E 7800N; thence south-eastwards along Boro river to point F on co-ordinates 7762E 7796N; thence in a straight line southwards to the point of commencement. The boundaries of the area are delineated on map DTRP 5.12-14 deposited with the Director of Town and Regional Planning, Gaborone. |
Maun Planning Area |
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17. |
Commencing at point MPA6 (lat: 23.5022, lon: 27.081 degrees) along the Tuli block freehold farms western boundary, the planning area boundary proceeds south along this boundary traversing through points MPA7, MPA8 and MPA9 up to point MPA10 (lat: 23.9618, lon: 26.7214 degrees) being the intersection of Dibete cordon fence and these farms, thence proceeding in a westerly direction along this cordon fence and crossing A1 road to point MPA11 (lat: 23.7734, lon: 26.3795 degrees), thence it turns in a northerly direction traversing through point MPA12 up to MPA1 (lat: 23.3742, lon: 26.6853 degrees), thence turning in an easterly direction crossing A1 road to point MPA2 (lat: 23.3900, lon: 26.7241 degrees), thence turning in a south easterly direction to a point MPA3 on the southern side of Dinokwe/Mmaphashalala gravel road and thence transversing through points MPA4 along this road up to MPA5 (lat: 23.5418, lon: 26.7732 degrees) on the Mmamabula mining lease area northern boundary, finally turning in an easterly direction and proceeds along the northern boundary of the lease area up the commencing point MPA6. The boundaries of which aggregate area are delineated on Data Plan 232-LP deposited with the Department of Surveys and Mapping, Gaborone. |
Mmamabula Planning Area |
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18. |
Commencing at point A, on co-ordinates 60 970.21, 2 870 686.31; thence in a straight line south eastward to point B, on co-ordinates 52 960.84, 2 873 453.60; thence in a straight line southwards to point C on co-ordinates 54 087.95, 2 891 892.55; thence in a straight line south westwards to point Don co-ordinates 62 992.49, 2 894 493.60; thence in a straight line north-westwards to point E on co-ordinates 64149.09, 2 892 301.94; thence in a straight line northward to a point F on co-ordinates 67 019.38, 2 878 722.37; thence in a straight line north-eastwards to point of commencement. The boundaries of the area are delineated on the map IL-6T deposited with Director of Town and Regional Planning, Gaborone. |
Tsabong Planning Area |
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19. |
Commencing at point A on Motloutse River, being a point South East of the Letsibogo Dam, on approximate co-ordinates Y-76 600, X 2417400, the boundary runs south-eastwards along the Motloutse River to point B on approximate co-ordinates Y -81 100, X 2418800, thence south-eastwards in a straight line to point C on approximate co-ordinates Y -82130, X 2420800; thence south-westwards to point D on Letlhakane River, on approximate co-ordinates Y-79900, X 2423400, thence westwards along the Letlhakane River to point E on approximate co-ordinates Y – 73600, X 2425000, thence in a straight line northwards to point F on approximate co-ordinates Y 73600, X 2421300, thence in a straight line north-eastwards to point G on co-ordinates Y-75000, X 2420800; thence in a straight line northwards to point H on co-ordinates Y-75000, X 2418100, being a point East of Trigonometrical Station BPT136; thence north-eastwards to the point of commencement. The boundaries of the area are delineated on Map 546/2009 deposited with the Director, Department of Town and Regional Planning, Gaborone. |
Mmadinare Planning Area |
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20. |
Commencing at point A being a point North West of Trigonometrical Station BPT507, on approximate co-ordinates Y -1600, X 2263700; the boundary runs south-eastwards to point B on approximate co-ordinates Y – 6200, X 2265100; thence on a straight line south-eastwards to point C, being a point south of Tutume-Goshwe road, on approximate co-ordinates Y-9400, X 2267300; thence in a straight line south-eastwards to point D on Matobo-Goshwe road South West of Goshwe Veterinary Cordon fence, on approximate co-ordinates Y -15400, X 2274300; thence in a straight line south-westwards to point E on approximate co-ordinates Y -7400, X 2278600; thence in a northwards direction to point F on approximate co-ordinates Y -6500, X 2271900; thence in a straight line north-westwards to point G on approximate co-ordinates Y +5100, X 2267900; thence in a straight line north-eastwards to the point of commencement. The boundaries of the area are delineated on Map 546/2009 deposited with the Director, Department of Town and Regional Planning, Gaborone. |
Tutume Planning Area |
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21. |
Commencing at point A on approximate co-ordinates Y-45100, X 2364300, being a point on the District boundary between the Central and the North East Districts on the Shashe River; the boundary runs south-eastwards along the said Districts boundary to point B on approximate co-ordinates Y-52 900, X 2375100; thence westwards in a straight line to point C on approximate co-ordinates Y-43500, X 2375900, being a point on the Francistown Gaborone road; thence in a straight line north westwards to point D on approximate co-ordinates Y-39500, X 2373200; thence in a straight line northwards to point E on approximate co-ordinates Y-39500, X2369100; thence in a straight line north north-eastwards to point F on approximate co-ordinates Y-41300, X 2364100, being a point south of Shashe Dam; thence in a straight line east-southwards to point G on approximate co-ordinates Y -43400, X 2365000, being a point South West of Trigonometrical Station BPQ065; thence in a straight line north-eastwards to the point of commencement. The boundaries of the area are delineated on Map 546/2009 deposited with Director, Department of Town and Regional Planning, Gaborone. |
Tonota-Shashe Planning Area |
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22. |
Commencing at point A on approximate co-ordinates Y-65 000, X2363500 the boundary runs in a straight line southwards to point B on approximate co-ordinates Y-65000, X2368000; thence in a straight line eastwards to point C on approximate co-ordinates Y -66 000, X 2368000; thence in a straight line southwards to point D on approximate co-ordinates Y -66 000, X 2371000; thence in a straight line westwards to point E on approximate co-ordinates Y-65 000, 2371000; thence in a straight line southwards to point F on approximate co-ordinates Y-65 000, X2373700; thence in a straight line westwards to point G on approximate co-ordinates Y-62 700, X2373700, being a point on the Letlhakane-Serowe road; thence in a straight line north-west- wards to point H on approximate co-ordinates Y -54 200, 2368600; thence north-eastwards to point I on approximate co-ordinatesY-58 500, X2367600; thence in a straight line northwards to point J on approximate co-ordinates Y-58 500, X2363500; thence in a straight line eastwards to the point of commencement. The boundaries of the area are delineated on Map 546/2009 deposited with Director, Department of Town and Regional Planning, Gaborone. |
Letlhakane Planning |
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23. |
Commencing at point A on approximate co-ordinates Y-63 500, X 2428300 on Motloutse River being a point near Trigonometric Beacon BPT179; thence generally south-eastwards along the said river to point B on approximate co-ordinates Y 53 000, X 2432000, being a point North East of sewage ponds; thence south-westwards to point C on approximate co-ordinates Y 58 000, X 2436800, being a point on Bobonong/Tsetsebjwe road; thence westwards to point Don approximate co-ordinatesY 68 500, X 2436300, being a point on Bobonong/Sefhophe road; thence northwards to point E on approximate co-ordinates Y 68 500, X 2432700; thence north-eastwards in a straight line to the point of commencement. The boundaries of the area are delineated on Map 546/2009 deposited with Director, Department of Town and Regional Planning, Gaborone. |
Bobonong Planning |
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24. |
Commencing at point A on Kgoro Hill, being a Trigonometrical Station BPP2 on the Barolong/Bangwaketse Tribal boundary, the boundary runs south-eastwards for about 1965m along the boundary to point B on approximate co-ordinates Y-51 542, X 2 813 559, thence south westwards to point C, being a point on the north east corner of Kgoro Cluster Fence on approximate co-ordinates Y-51 175, X 2 814 378, thence south westwards along the said cluster fence boundary to point D, approximate co-ordinates Y-51 600, X 2 813 350, thence south westwards to point E, being a point on the north east corner of Goodhope Ranch on approximate co-ordinates Y-51 328, X 2 819 393, thence south westwards along the Ranch to point F, being a point on the north west corner of Goodhope Ranch, on approximate co-ordinates Y-47 637, X 2 825 457; thence north westwards along the said Ranch to point G, being a point on the south west corner of the ranch on approximate co-ordinates Y-43 817, X 2 823 502; thence south-westwards in a straight line (4100m) to point H, on approximate co-ordinates Y-41 015, X 2 826 498; thence south eastwards (1609m) to point J, on approximate co-ordinates Y-41 859, X 2 827 868; thence south westwards (3755m), through borehole no. BH 8369, to point K, on approximate co-ordinates Y-38 889, X 2 830 165, being a point on the Metlojane/Hebron gravel road; thence north westwards along the same road (2935m) to point L, on approximate co-ordinates Y-37 773, X 2 827 450, thence south westwards (3927m) to point M, on approximate co-ordinates Y-33 898, X 2 828 064, thence north westwards (2053m) to point N, being a point on the Metlojane/Phitshane Molopo road, on approximate co-ordinates Y-33 327, X 2 826 095, thence north eastwards (2522m) along the same road to point P, on approximate co-ordinates Y-35 683, X 2 825 195, thence north westwards (1537m) to point Q, on approximate co-ordinates Y-35 458, X 2 823 674, thence north westwards (4495m) to point R, being a point on the Barolong/Bangwaketse Tribal boundary, on approximate co-ordinates Y-31 139, X 2 822 420, thence north east wards (9362m) along the boundary to point S, on approximate co-ordinates Y-35 443, X 2 814 105, thence north east wards along the boundary to the point of commencement. The boundaries of the area are delineated on Map DTRP 6/14/17/205 deposited with the Director, Department of Town and Regional Planning. |
Goodhope Planning Area |
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25. |
Commencing at Point A of co-ordinates Y-44 071.28, X+27 36 975.55; the boundary runs South Eastwards to Point B of co-ordinates Y-47 593.02, X+27 38 553.61; thence in a Southerly direction to Point C of co-ordinates Y-46 325.96, X+27 43 141.92; thence in a South Westerly direction to Point D of co-ordinates Y- 41 124.60, X+27 49 655.15; thence in a North Westerly direction to Point E of co-ordinates Y-36 251.08, X+27 42 012.96; thence Northwards to Point F of co-ordinates Y-36 255.73, X+27 41 734.70; thence in North Westerly direction to Point G of co-ordinates Y-34 806.92, X+27 38 610.04; thence in a North Easterly direction to the point of commencement. The boundaries of the area are delineated on DSM No. 773/2013 deposited at the Department of Surveys and Mapping. |
Moshupa Planning Area |
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26. |
Commencing at Point g of DSL No. 361/90 being the intersection of Notwane River and the northern boundary of Farm Kernmoir No. 1-KP; the boundary runs in the South Westerly direction along the said river to Point D of diagram 581/1912 of Farm Atholl Holme No. 11-KO, being the intersection of the said river with the international boundary between the Republics of Botswana and South Africa; thence eastwards along the said boundary to a Point on Dikgokong Hill; thence in a north westerly direction to a point on Modipe Hill; thence in a north westerly direction to a trigonometrical beacon BPS127 on Oodi Hill; thence generally north westwards to the point of commencement. The boundaries of the area are delineated on Map 1 pf Tlokweng Development Plan (2001-2015) deposited with the Director of Town and Regional Planning, Gaborone. |
Tlokweng Planning Area |
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27. |
Commencing at Point A on approximate of co-ordinates Y-52 187.81, X+26 69 44 60.44 being the intersection of the Trans Kalahari Highway (A2) and S02 Wildlife Management Area (WMA) cutline; the boundary runs South Eastwards along the said Highway to Point B on approximate co-ordinates Y-70 746.07, X+27 02 270.39; thence in a Southwards in a straight line to Point C on co-ordinates Y-69 279.91, X+27 11 437.52; being of point on the Mabutsane-Khokhwa road; thence in a South Westwards in a straight line to Point D on approximate co-ordinates Y-55 653.21, X+27 11 142.94; being a point on the Mabutsane-khakhea road; thence in a North Westwards in a straight line to point E on approximate co-ordinates Y-52 569.60, X+27 10 049.78; being a point on the South East corner of Sekgwasentsho Insemination camp; thence along the Southern boundary of the said camp; thence along the Southern boundary of the said camp to its intersection with the S02 Wildlife Management Area (WMA) cutline at point F on approximate co-ordinates of Y-46 235.43, X+27 07 067.83; thence in a North Easterly direction to the point of commencement. D.S.M. No. 2736/2016 Deposited at the Department of Surveys and Mapping. |
Mabutsasane Planning Area |
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28. |
Commencing at point A, approximate co-ordinates (23? 19’ 15.82″ S, 23? 03’ 32.61″ E), being the intersection of the Ghanzi/Kgalagadi and Kgalagadi/Kweneng district boundaries; the boundary runs generally southwards along the Kgalagadi/Kweneng district boundary to point B, co-ordinates (24? 00’ 18.36″ S, 23? 03’ 32.49″ E), being the tripoint of the Kgalagadi/Kweneng, Kweneng/Southern and Kgalagadi/Southern district boundaries; thence southwards along the Kgalagadi/Southern district boundary to point C, approximate co-ordinates (24? 50’ 29.73″ S, 23? 03’32.30″ E), being a point 1.3km north of the south west corner of the said boundary; thence westwards in a straight line to point D, approximate co-ordinates (24? 51’ 10.28″ S, 22? 09’ 26.82″ E), being the north eastern corner of the Kalahari Trans-Frontier Park boundary; thence generally north westwards along the said park boundary to its intersection with the Botswana/Namibia International boundary at point E, approximate co-ordinates (24? 05’49″ S, 19? 59’ 55.25″ E); thence northwards along the said International boundary to its intersection with the Ghanzi/Kgalagadi district boundary at point F, approximate co-ordinates (23? 19’ 13.71″ S, 19? 59’ 56.88″ E); thence eastwards along the said district boundary to the point of commencement, as will more fully appear on point of commencement, as will more fully appear on Map No. BP 261/4a based on BNGRS02 co-ordinate system, deposited with the Director of Surveys and Mapping |
Hukuntsi Planning Area |
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29. |
The area of land lying south of the Chobe River, bounded on the west by the Batawana Tribal Territory, on the east by Zimbabwe and on the south by the latitude 19 degrees south. |
Chobe District Planning Area |
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30. |
Commencing at a beacon on Dikgokong or Wildebeeste Kop at latitude 24?43’23-9″S, longitude 26?00’30-6″E, being a beacon on the International Boundary between Botswana and South Africa, which beacon is called “VIII” on Diagram DSL No. A3384/1922 of the Farm Almond Hill 3-KP, the boundary runs in a northwesterly direction along the northern boundary of the said Farm to a beacon lettered “Md” on the said diagram, being a beacon on the summit of Modipe Hill at latitude 24?38’46″S, longitude 26?09’06″E; thence continuing in a northwesterly direction along the northern boundary of the Farm Clent 2-KP to a beacon lettered “A” on Diagram DSL No.BI883/1912 of the said Farm Clent 2-KP; thence continuing in a northwesterly direction along the northern boundary of the Farm Kenmoir 1-KP to a beacon on the top of Oodi Mountain called “Oodi” on Diagram DSL No.B1882/1912 of the Farm Kenmoir 1-KP at latitude 24?34’44″S, longitude 26?02’00″E; thence continuing in a northwesterly direction through beacon “B” of the said diagram to the middle of the Notwane River; thence continuing in a straight line along the northern boundary of the Farm Sowenflat 2-KO to a beacon lettered “A” on Diagram DSL No.A339/1916 of the said Farm Sowenflat 2-KO;thence continuing in a straight line along the northern boundary of the Farm Content 1-KO to a beacon called “A” on Diagram DSL No. B3221/1912 of the said Farm Content 1 KO, being a beacon on the eastern boundary of the Bakwena Tribal Territory; thence in a straight line along the northern boundary of the Bakwena Tribal Territory to the confluence of the Kopong and Metsemotlhaba Rivers; thence up the middle of the Kopong River to its source near the base of Kopong Hill at approximate latitude 24?23’25″S, longitude 25?53’37″E; thence to the summit of Kopong Hill at approximate latitude 24?23’09″S, longitude 25?54’22″E; thence in a straight line northeast to a beacon in the bed of the Kgope River just north of Kgope Wells at approximate latitude 24?20’00″S, longitude 25?56’32″E; thence northwards up the middle of the Kgope River to a point 1.3 km east of Kgope Hill; thence due West for 1.3 km to a beacon 50 metres east of Trigonometrical Beacon BPS 145 at latitude 24?17’07″S, longitude 25?57’20″E; thence northwards up a cut line along the eastern boundary of the Bakwena Tribal Territory to a beacon on a hill 5 km west of Ramaselwane Village at latitude 23?34’51″S, longitude 26?01’57″E, this beacon being on the southern boundary of the Bamangwato Tribal Territory to the intersection of this boundary with the Notwane River at Lokala; thence in a generally northeasterly direction along the middle of the Notwane River to its junction with the Crocodile River being a point on the International Boundary between Botswana and South Africa; thence in a southerly direction along the International Boundary to the point of commencement. |
Kgatleng Planning Area |
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31. |
Commencing at point A on coordinates S23?34′ 52.11041″, E 26? 1′ 55 .96824″, being the intersection of Kweneng/Kgatleng District boundaries and the Bamangwato Tribal Territory; the boundary runs north westwards along the eastern boundary of the Kweneng district to its intersection with the Ghanzi District boundary at point B on coordinates S22? 56′ 50.27125″25? E26′ 47.82692″; thence north westerly along the said district boundary to its intersection with the North-West district boundary at point Con coordinates S 21?0′ 0.0″, E23? 53′ 3.84155″; thence northwards along the said district boundary to its intersection with the Chobe District boundary at point D on coordinates S19? 0′ 0.0″, E25? 0′ 0.0″; thence easterly along the said district boundary to its intersection with the Botswana – Zimbabwe International boundary at point E on coordinates S 19?0’0.0″, E25? 59′ 19.69627″; thence south eastwards along the said international boundary to its intersection with the North-East District boundary at point F on coordinates S20? 29′ 41.01976″, E27? 17′ 58.35869″; thence southerly along the said district boundary to its intersection with the Botswana- Zimbabwe International boundary at point G on coordinates S21? 33′ 57.34991″, E28? 0′ 46.41782″; thence south eastwards along the said international boundary to its intersection with the Botswana- South Africa International boundary at point H, being the confluence of the Shashe and Limpopo Rivers on coordinates S23? 44′ 48 .3112″, E26? 57′ 43.63931″; thence south westerly along the said international boundary to its intersection with the Kgatleng district boundary at point J on coordinates S23? 44′ 48.3112″, E26? 57′ 43.63931; thence north westwards along the said district boundary to point of commencement. Excluding the areas comprising Sowa and Selibe-Phikwe Township as defined in the Declaration of Townships Order made under the Township Act. |
Central District Planning Area |
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32. |
The boundary runs from the junction of the Ramokgwebana River with the Shashe River along the Ramokgwebana River to its source; thence by the watershed of the rivers Shashe and Ramokgwebana until that watershed strikes the old Hunter’s Road (called the Pandamatenga Road); thence by that road to the place where it first crosses the Shashe River; thence along that river to its junction with the Ramokgwebana River: Provided, however, that there shall be excluded from the said area the area of Francistown the boundaries of which are as described in the Statutory Instrument Cap. 03:02. |
North East District |
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33. |
1) The area of which the boundary commences at the point intersection of the western boundary of the Barnangwato Tribal Territory with the twenty-first parallel of south latitude, and runs in a northerly direction along the western boundary of the Barnangwato Tribal Territory to the marked tree on the south bank of the Boleti River at Makalamabele referred to in the description of the Bamangwato Tribal Territory contained in the Cap. 32:03 Tribal Territories Act; thence along the meridian of longitude passing through the said tree to the point of intersection of such meridian with the northern boundary of Botswana; thence in a westerly direction along the northern boundary of Botswana from the point of intersection aforesaid to the point of intersection of the said boundary with the twenty-first meridian of east longitude; thence in a southerly direction from the point of intersection last mentioned along the twenty-first meridian of east longitude, to the point of intersection of such meridian with the twenty-first parallel of south latitude; thence in an easterly direction along the twenty-first parallel of south latitude until it reaches the point of intersection of such parallel with the western boundary of the Barnangwato Tribal Territory. 2) The area of which the boundary runs from the point where the Boleti River crosses the eastern boundary of the Batawana Tribal Territory eastwards along the said river to its point of intersection with the meridian 24 degrees 31 minutes east of Greenwich; thence in an easterly direction to beacon C at the south-west corner of the Gweta area (as defined in paragraph 3 of the Schedule to the Cap. 32:03 Tribal Territories Act; thence northwards (20 miles) to beacon B at the north-west corner of the said Gweta area; thence in a north-westerly direction to the intersection of longitude 25 degrees east and latitude 20 degrees south; thence northwards longitude 25 degrees east to its intersection with latitude 19 degrees south; thence westwards along latitude 19 degrees south to its intersection with the eastern boundary of the Batawana Tribal Territory; thence south along the meridian passing through that intersection to the Boteti River. |
North West District |
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34. |
The boundary commences at the intersection of latitude 21 degrees south and longitude 21 degrees east being a point on the international boundary between Botswana and Namibia and runs eastwards along latitude 21 degrees south to its intersection with the western boundary of the Ghanzi District; thence in a south-easterly direction to Beacon A of Diagram S.G. No. 25/69 of Farm No. 1-LO; thence south-westwards following the boundaries of Farm No. 1-LO to Beacon E of the said Diagram; thence westwards to the north-western corner point of the Kweneng District; thence continuing westwards to the point of intersection of the parallel of latitude which passes through Beacon B of Diagram S.G. No. 26/69 of Farm No. 2-LO with longitude 20 degrees east being a point on the international boundary between Botswana and Namibia; thence northwards along the meridian longitude 20 degrees east to its intersection with latitude 22 degrees south being a point on the international boundary between Botswana and Namibia; thence eastwards along the parallel of latitude 22 degrees south to its intersection with the meridian longitude 21 degrees being a point on the international boundary between Botswana and Namibia; thence northwards along the meridian longitude 21 degrees east to the point of commencement. |
Ghanzi District Planning Area |
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35. |
1) The Bakwena Tribal Territory namely the area of which the boundary commences at a beacon three-quarters of a mile south-east of the eastern entrance to the gorge named Pata Levika, which beacon forms the southernmost point of such Territory, and runs in a west north-westerly direction to a large isolated stone at the western entrance of the said gorge; thence to a small hill called Die Mowe; thence to a beacon on the Kolobeng Hills; thence to a beacon near the Mafatelo River on the south side thereof, and on the west side of the Molepolole-Moshupa Road; thence to a spot in the centre of the Mafatelo River immediately opposite to the said beacon; thence up the centre of the Mafatelo River to its junction with the Kubung Spruit; thence up the centre of the Kubung Spruit to the spot where the said spruit is intersected by a straight line drawn from the aforesaid beacon on the south side of the Mafatelo River to a point half-way between Luthlu and Sekgoma; thence along such straight line until it reaches the said point half-way between Luthlu and Sekgoma; thence in the same direction until it strikes the meridian of longitude, which passes three miles west of the pan Kopong, situated in the Bangwaketse Tribal Territory, thence northwards to the point of intersection of the said meridian with the parallel of latitude which passes through Beacon B of Diagram SG No. 26/69 of the Farm No. 2-LO; thence eastwards to Beacon E of Diagram SG No. 25/69 of Farm No. 1-LO; thence following the boundaries of the Farm No. 1-LO in a clockwise direction to Beacon D of Diagram SG No. 25/69 of the Farm No. 1-LO; thence eastwards to Beacon B of Diagram SG No. 26/69 of the Farm No. 2-LO which is the Beacon between Tsitle and Lowale referred to in the definition of the Bamangwato Tribal Territory; thence in a south-easterly direction along the western boundary of the Bamangwato Tribal Territory, already described, to the beacon on Ramaselwane Hill; thence in a southerly direction along the western boundary of the Bakgatla Tribal Territory to a point two miles west of the spot where the Railway crosses the said boundary; thence to a point two miles west of the Dimudumani Pits; thence to a beacon on Matsidikwe Hill, and thence to the aforesaid beacon three-quarters of a mile south-east of the eastern entrance to the gorge Phatayalefika. 2) The area known as Farm No. 2-LO represented on Diagram SG No. 26/69. |
Kweneng District Planning Area |
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36. |
Bangwaketse Tribal Territory namely the area of which the boundary commences at the north-eastern corner of the said Territory and runs from the beacon, specified in the description of the Bakwena Tribal Territory, three-quarters of a mile south-east of the eastern entrance to the gorge named Pata Levika in a southerly direction to a beacon approximately half-way between the aforesaid beacon south-east of Pata Levika and a beacon on Kika Hill; thence in a south-westerly direction to a beacon on Lekgolobotlo ridge; thence in a south-easterly direction to a beacon on Morolwana Hill; thence in a south-westerly direction to a beacon two miles south-west of Magotlhwane Hill; thence in an easterly direction to a beacon one mile south of Noga Hill; thence to a beacon on Kgomokasitoa; thence to a beacon on Lojoanna; thence in a line nearly due south to a beacon on the Barolong boundary: thence westward to a beacon on Korwe Kop; thence to a beacon close to and to the north-west of the pan Mogholala; thence in a south-westerly direction to a limestone beacon in the Makletsi Laagte, being the most southern of the three limestone beacons about three hundred yards apart on the north side of the flat; thence to a beacon at the junction of the Pharing Spruit and the Molopo River; thence in a westerly direction along the Molopo River to a beacon two miles west of Mabule; thence due north to a beacon on the parallel of latitude passing through a blazed tree known as Blazed Tree No. 2 about eight miles north of Mabule; thence due west to a beacon ten miles east of the meridian 24 degrees 15 minutes of east longitude; thence in a north-westerly direction for 14.142 miles to a beacon on the said meridian; thence north along the said meridian to a beacon at the point of its intersection with the parallel of latitude passing twenty miles to the south of the center of Khakhea Pan; thence in a north-westerly direction for 14.142 miles to a beacon on the parallel of latitude passing ten miles to the south of the centre of Khakhea Pan; thence westward along the said parallel to the point of its intersection with the meridian of longitude passing three miles west of the pan Kokong; thence northward along the said meridian till it meets the southern boundary of the Bakwena Tribal Territory; thence along that boundary in a south-easterly direction, till it reaches the aforesaid beacon three-quarters of a mile south-east of the eastern entrance of the gorge Pata Levika but excluding the area known as the four miles corridor commencing from a beacon at the point of intersection of a parallel of latitude passing through the blazed tree known as Blazed Tree No. 2 with the meridian of longitude passing through the beacon two miles west of Mabule to a beacon four miles due south of the aforesaid intersection; thence due east to a beacon approximately four miles south-east of the point known as Blazed Tree No. 1; thence in a north-easterly direction to a beacon approximately four miles south-east of a beacon on Moosi Hill; thence in an easterly direction to a beacon on the Barolong boundary; thence in a north-easterly direction to the limestone beacon in the Makletsi Laagte; thence westward to a beacon on Moosi Hill; thence in a south-easterly direction passing south of the pan Chuanyani to a blazed tree known as Blazed Tree No. 1 about four and a half miles north of the Molopo River; thence due west of the aforesaid beacon described at the commencement of the description of the excluded area. |
Southern District Planning Area |
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37. |
Tsabong District Planning Area Commencing at Point A, (being beacon A of Diagram DSM 3304/17) approximate coordinates (Y+101821,65m, X+2665493.25m), being a point where the Hukuntsi District boundary intersect the Botswana-Natrdbia International boundary; the boundary runs generally south eastwards along the said District boundary to its intersection with the Southern District boundary at Point B, (being beacon A of Diagram DSM 3329/17) approximate coordinates (Y-5967.60m, X+2748237.22m); thence eastwards along the said District boundary to its intersection with the Botswana-South Africa International boundary at Point C, (being beacon D of Diagram DSM 3409/17) approximate coordinates (Y+151274.28m, X+2850954.86m); thence generally south westwards along the said International boundary to its intersection with theBotswana-Namibia International boundary at Point D, (being beacon H of DingramDSM 3304/17) approximate coordinates (Y+101156.12m, X+2740139.25m); thence northwards along the Botswana-Namibia International boundary to the point of commencement. |
Tsabong District Planning Area |
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38. |
The boundary commences at the beacon South East District Planning Area lettered Z on Diagram No. 581/1912 of the Farm No. 6-KO and runs in a south-westerly direction through the beacon lettered Sb to the beacon lettered Lbr on the said Diagram No, 581/1912, which beacon Lbr is lettered B on Diagram S.G. No. 9/70 of the Farm Forest Hill No. 9-KO; thence continuing in a south-westerly direction through the beacon lettered A on the said Diagram S.G. No. 9/70 and lettered A on Diagram No. 2A/1907 of the Farm Traquair No. 10-KO; thence continuing south-westwards through the beacons lettered E and D on the said Diagram No. 2A/1907, which beacon D is lettered E on Diagram No. 1A/1907 of the Farm Crocodile Pools No. 15-KO; thence continuing south-westwards to the beacon lettered D on the said Diagram No. 1A/1907, which beacon is at the junction of the Bamalete, Bangwaketse and Bakwena Tribal Territories and the Gaborone Block; thence in a southerly direction to a beacon approximately halfway between the said beacon D of Diagram No. 1A/1907 and a beacon on Kike Hill; thence in a south-easterly direction to a beacon on Morolwana Hill; thence in a south-westerly direction to a beacon approximately 3200 metres south-west of Magotlhwane Hill; thence in an easterly direction to a beacon on the western boundary of the Lobatse Block approximately 1600 metres south of Noga Hill; thence in a southerly direction through the beacons lettered Dg and K3 on Diagram No. 582/1912 of the Farm, the Lobatse Block No. 1-JO to the beacon lettered ad on the said Diagram No. 582/1912; thence in an easterly direction to the beacon lettered nu on the said Diagram No. 582/1912 and lettered D on Diagram No. 1390/1920 of the Farm Hildavale No. 33-JO; thence continuing eastwards through the beacon lettered C to the beacon lettered B on the said Diagram No. 1390/1920, which beacon is the beacon known as Maclase on the surveyed international boundary between the Republic of Botswana and the Republic of South Africa as shown on Plan No. BP-113; thence in a north-easterly direction through the international boundary corner beacons known as Sebatoul Skaapkuil South and Skaapkuil North as shown on Plan No. BP-113; thence continuing in a north-easterly direction through the international boundary corner beacons known as Pitlaganyane Patamakola B, and Tshakutswana to the beacon known as Sengoma as shown on Plan BP-112; thence continuing along the median line of the Notwane River, the said median line being the said international boundary, to the point where the prolongation of the section of the said international boundary between Beacon No. 3 and Beacon No. 2 intersects the said median line of the said Notwane River; thence generally eastwards through the international boundary beacons Nos. 2,3,4,5,6 and 7 to beacon No. 8 as shown on Plan No. BP-111; thence generally north-eastwards through the beacons on Modipe Hill and Oodi Hill to the point of commencement as will more fully appear on Plan No. BP 129 deposited with the Director of Surveys and Mapping, Gaborone: Provided that from the area so bounded the area of the Gaborone Township Administrative District and the area of Lobatse Township Administrative District shall be excluded. |
South East Planning Area |
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TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT) ORDER
(under section 22)
(16th May, 2014)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Interpretation
3. Grant of planning permission
4. Restriction on grant of planning permission under paragraph 3
5. Grant of planning permission in case of emergency
6. Application for planning permission
7. Consideration and determination of applications
8. Power of Minister to give directions restricting grant of planning permission
9. Communication of decisions of planning authority or responsible authority
10. Signification of grant of planning permission
11. Copies of application form, etc., in respect of successful application for planning permission to be kept at development site
12. Procedure on refusal of planning permission by planning authority
13. General provisions governing notices of appeal to land tribunal
14. Appeals to land tribunal against planning authority’s refusal of planning permission
15. Appeals to land tribunal against conditions attached to planning permission
16. Period of validity of planning permission granted by Minister, planning authority, etc.
17. Notice of reference of application for planning permission to Minister
18. Planning authority’s register of applications for planning permission
19. Service
20. Temporary provisions pending operation of development plan
21. Revocation of S.I. No. 98 of 1980
Schedule
S.I. 98, 1980,
S.I. 51, 2014.
This Order may be cited as the Town and Country Planning (General Development) Order.
In this Order, unless the context otherwise requires—
“aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departing of aircraft;
“authorised person” means a member or officer of the responsible authority authorised by such authority;
“development control code” means the code incorporated in the development plan;
“industrial process” means any process carried out in the course of trade or business for or incidental to any of the following purposes—
(a) the making of any article or part thereof;
(b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
(c) the getting, dressing or treatment of minerals, and for the purpose of this definition;
“article” means an article of any description, including a ship or other vessel;
“industrial undertakers” means undertakers by whom an industrial process is carried on;
“large scale development” means a development which involves—
(a) more than 20 dwelling units;
(b) a commercial enterprise of more than 500m2 of floor area;
(c) an industrial development of more than 1000m2 of floor area; or
(d) a single use of land greater than 10ha;
“local authority” includes a land board;
“painting” includes any application of colour;
“physical planning committee” means a committee appointed by the planning authority under section 5;
“planning area” means any planning area to which this Order applies pursuant to paragraph 1;
“planning permission” means the permission required under Part V of the Act for any development of land carried out in a planning area;
“private way” means a road or footpath which is not maintained at the public expense;
“proposed development” means, in respect of any application for planning permission, the development for which permission is thereby sought; and
“the responsible authority” means the authority to which the functions of the planning authority to grant or refuse planning permission in respect of the planning area or the part in question of the planning area have been transferred by the Minister under section 36(1) of the Act, whatever the conditions, limitations or reservations subject to which that transfer may have been effected.
3. Grant of planning permission
Subject to paragraph 4, any development of any class specified in the first column of the Schedule may be carried out without planning permission—
Provided that—
(i) in the case of any development so specified, the right to carry out such development of class specified shall be subject to the conditions and limitations, if any, specified in the corresponding entry or entries in the second column of the Schedule; and
(ii) such right shall not extend to any development which would be contrary to any condition subject to which planning permission has been granted otherwise than under this paragraph.
4. Restriction on grant of planning permission under paragraph 3
(1) Where the Minister is satisfied that it is expedient that development of any class specified in the Schedule or development of any kind within such a class ought not to be carried out in the planning area or in any part thereof without the permission of the planning authority or of the responsible authority, the Minister may, by Order published in the Gazette, provide that the right to carry out any development under paragraph 3 shall not extend to development of that class or to development of that kind in the planning area or in that part of the planning area.
(2) The Minister shall not make such order under subparagraph (1) in respect of development of any class specified in Group V of the Schedule or in respect of development of any kind within such a class unless he or she has first consulted the Minister responsible for minerals, energy and water resources on the terms thereof.
5. Grant of planning permission in case of emergency
(1) Any development may be carried out if failure to carry out such development is likely to result in loss of human life, serious of physical harm to any person or serious damage to property.
(2) Every developer undertaking developments under subparagraph (1) shall apply for planning permission for regularisation.
6. Application for planning permission
(1) Every application for planning permission shall be lodged with the planning authority unless there is a responsible authority for the planning area or for the part of the planning area in which the proposed development is to be carried out in which case the application shall be lodged with the responsible authority.
(2) Every application for planning permission shall—
(a) be made in such form as shall be made available for that purpose at the principal office of the planning authority or of the responsible authority; and
(b) be accompanied by a plan sufficient to identify the land to which the application relates and by such plans and drawings as may be necessary properly and clearly to describe the proposed development together with such number of copies of the application form and of the plans and drawings as the planning authority or the responsible authority may from time to time require.
(3) Where an application for planning permission is made on the basis that the proposed development is not in conformity with the relevant development plan and the development control code, the application shall be accompanied, in addition to the documents required by subparagraph (2)(b), by a written statement setting out the precise manner in which the proposed development differs with the relevant development plan and the reasons why, in the applicant’s opinion, planning permission ought nevertheless to be granted.
(4) Where an application for planning permission is lodged with the planning authority or with the responsible authority in accordance with this paragraph, the planning authority or the responsible authority shall cause to be served forthwith on the applicant written confirmation that the application has been so lodged.
(5) Every application for change of land use shall be published by the applicant in the Gazette and in one newspaper circulating in the planning area providing details of the proposed amendments and the places where the plans for such development may be inspected.
(6) Any objections made to the proposal referred to in subparagraph 5, shall be made, in writing, to the planning authority within 14 days of the publication of the notice.
(7) The planning authority shall address any objections raised under subparagraph (6) before the application is referred to the physical planning committee.
7. Consideration and determination of applications
(1) For the purpose of considering or determining an application for planning permission, the planning authority or the responsible authority may, by written directions served on the applicant, require him or her—
(a) to provide such further information and submit such further plans and drawings in relation to the application as the planning authority or the responsible authority may think it necessary to have; and
(b) to produce to an officer of the planning authority or of the responsible authority such evidence as the planning authority or the responsible authority may reasonably call for in order to verify any information, plan or drawing provided or submitted under this subparagraph.
(2) For the purpose of considering or determining an application for planning permission, the planning authority or the responsible authority shall—
(a) determine and take into account whether the proposed development is in conformity with the relevant development plan and the development control code; and
(b) where it determines that the proposed development is in conformity with the relevant development plan and the development control code, further determine whether the applicant is entitled to carry out such development under paragraph 3.
(3) If, at the expiry of the period of seven weeks or of such extended period for which provision has been made under subparagraph (4) immediately after an application for planning permission has been lodged with the planning authority or referred to it by the responsible authority, the planning authority has failed—
(a) to give notice to the applicant of its decision; or
(b) to give notice to the applicant that the application has been referred to the Minister in accordance with directions given by the Minister under section 25 of the Act,
permission for the proposed development shall be deemed, for the purposes of the Act, to have been refused by the planning authority and notification of the planning authority’s decision shall be deemed, for the purposes of the Act, to have been received by the applicant at the expiration of the aforesaid period of seven weeks or of such extended period for which provision has been made under subparagraph (4) and section 27 of the Act shall apply accordingly.
(4) The period of seven weeks prescribed by subparagraph (3) may be extended by such period—
(a) as the Minister may in writing direct, on application being made to him or her by the planning authority for this purpose; or
(b) as the applicant may, in writing addressed to the planning authority, agree to.
(5) Where the period of seven weeks prescribed by subparagraph (3) is extended by the Minister under subparagraph (4)(a), the Secretary of the planning authority shall forthwith serve written notice on the applicant of the extension.
(6) The responsible authority shall, within five weeks or within such extended period for which provision has been made under subparagraph (8), immediately after an application for planning permission has been lodged with it, grant permission for the proposed development or refer the application to the planning authority in accordance with subparagraph (9).
(7) Subparagraph (6), shall not apply where the application has been referred to the Minister in accordance with directions given by him or her under section 25 of the Act.
(8) The period of five weeks prescribed by subparagraph (6) may be extended by such period as the applicant may, in writing addressed to the planning authority, agree to.
(9) Where an application for planning permission has been lodged with the responsible authority, the responsible authority may, for any reason, refer the application to the planning authority for determination.
(10) Notwithstanding subparagraph (9), the responsible authority shall refer the application to the planning authority where—
(a) the application is made on the basis that the proposed development is not in conformity with the relevant development plan and the development control code;
(b) although the application is not made on that basis, the responsible authority is nevertheless of the opinion that the proposed development is not in conformity with the relevant development plan and the development control code;
(c) the proposed development is a large scale development; or
(d) responsible authority is of the opinion, for any reason, that permission for the proposed development ought to be refused.
(11) An application for planning permission shall not be referred to the planning authority under subparagraph (9), unless the responsible authority has fully considered the application in accordance with this paragraph.
(12) Where an application for planning permission is referred to the planning authority in accordance with subparagraph (9), the responsible authority shall transmit to the planning authority—
(a) such number of copies of the application form and of all other documents submitted to the responsible authority in connection with the application as the planning authority may from time to time require;
(b) all such information or evidence as may have been provided or produced to the responsible authority in connection with the application; and
(c) a written statement setting out—
(i) the opinion of the responsible authority in respect of the application, and
(ii) where it is of the opinion that planning permission ought to be granted, the conditions, if any, subject to which, in its opinion, that permission ought to be granted.
(13) The responsible authority shall cause to be served forthwith on the applicant a copy of every written statement transmitted to the planning authority in accordance with subparagraph (12)(c) together with written notice of the date of the next meeting of the planning authority.
(14) Notwithstanding paragraph 6(1), where, in the case of an application for planning permission lodged with the responsible authority, the responsible authority contravenes subparagraph (6) by failing to grant permission for the proposed development or to refer the application to the planning authority within the period of five weeks therein prescribed or within such extended period for which provision has been made under subparagraph (8), an application for planning permission may be lodged directly with the planning authority.
8. Power of Minister to give directions restricting grant of planning permission
(1) Where the Minister is of the opinion that any development for which permission has been granted by the planning authority or by the responsible authority has seriously prejudiced or is likely so to prejudice the objectives of the relevant development plan and the development control code, whether that development is viewed alone or together with any other such development, he or she may give directions restricting the power of the planning authority or of the responsible authority to grant planning permission for such development or for development of such class as may be specified in the directions.
(2) Where any directions are given by the Minister under this paragraph, the planning authority or the responsible authority, as the case may be, shall comply with those directions.
9. Communication of decisions of planning authority or responsible authority
(1) The decision of the planning authority in respect of every application for planning permission referred to it by the responsible authority in accordance with paragraph 7(9) lodged with the planning authority under paragraph 7(14) shall be communicated forthwith to the responsible authority and the Minister in accordance with section 24(4), of the Act and every such communication whether to the Minister or to the responsible authority shall—
(a) where planning permission is granted by the decision, be in the form of a written statement setting out—
(i) the applicant’s full name and postal address,
(ii) the date on which the application was referred to or lodged with the planning authority,
(iii) the plot number or such other information sufficient to identify the land for the development of which permission has been granted,
(iv) brief particulars of the development for which permission was sought and of the development for which permission has been granted including the conditions, if any, subject to which permission has been granted,
(v) the date on which permission has been granted, and
(vi) the reference number given by the planning authority to the application and, where it :is known to the planning authority, the reference number given by the responsible authority to the application or, where the application was lodged with the planning authority under paragraph 7(14), to the corresponding application originally lodged with the responsible authority; or
(b) where planning permission is refused by the decision, consist of a copy of the application form together with a copy of the written statement, setting out the reasons for the refusal, served on the applicant in accordance with paragraph 12(a).
(2) Every decision of the responsible authority granting planning permission shall be communicated forthwith to the planning authority and the Minister in accordance with section 24(4) of the Act and every such communication whether to the Minister or to the planning authority shall be in the form of a written statement setting out—
(a) the applicant’s full name and postal address;
(b) the date on which the application in question was lodged with the responsible authority;
(c) the plot number or such other information sufficient to identify the land for the development of which permission has been granted;
(d) brief particulars of the development for which permission was sought and of the development for which permission has been granted including the conditions, if any, subject to which permission has been granted;
(e) the date on which permission has been granted; and
(f) the reference number given by the responsible authority to the application in question.
10. Signification of grant of planning permission
(1) Where planning permission is granted by the planning authority or by the responsible authority, the grant of permission shall be signified by the Secretary of the planning authority or authorised person, date stamping and signing such number of copies of the application form and of the plans and drawings submitted under this Order in relation to the application as the Minister may from time to time specify.
(2) Where planning permission is granted by the Minister, he or she shall direct the Secretary of the planning authority to signify the grant of permission in the manner prescribed by subparagraph (1) and the Secretary shall forthwith comply with that direction.
(3) Where planning permission is granted by the Minister or by the planning authority or the responsible authority subject to conditions, a copy of the application form shall be date stamped and signed in accordance with this paragraph unless each of those conditions is clearly set out in the copy or in another document securely annexed thereto, which last document the Secretary of the planning authority or the authorised person, shall also date stamp and sign.
(4) At least one copy of every document date stamped and signed in accordance with this paragraph shall be served by the person so date stamping and signing it on the applicant.
11. Copies of application form, etc., in respect of successful application for planning permission to be kept at development site
(1) Where planning permission is granted by the Minister or by the planning authority or the responsible authority, the applicant shall ensure, subject to paragraph 15(1), that at least one copy of every document date stamped and signed in accordance with paragraph 10 is kept at the site of the development in question.
(2) The person having custody of the copies kept at the site of the development in accordance with subparagraph (i) shall immediately produce those copies for inspection by authorised person of the planning authority or of the responsible authority on being required to do so at any reasonable time by such authorised person.
12. Procedure on refusal of planning permission by planning authority
Where planning permission is refused by the planning authority, the Secretary of the planning authority shall forthwith serve a copy of the application form on the applicant together with—
(a) a written statement, signed by the Secretary of the planning authority, setting out the reasons for the refusal; and
(b) a written statement informing the applicant of his or her right of appeal under section 27 of the Act against the planning authority’s decision and setting out the procedure for appeals.
13. General provisions governing notices of appeal to land tribunal
Every notice of appeal to the land tribunal under section 27 of the Act against a refusal by the planning authority or the Minister to grant planning permission or against any condition subject to which planning permission has been granted by the planning authority or the responsible authority shall be in writing and shall be served on the land tribunal.
14. Appeals to land tribunal against planning authority’s refusal of planning permission
(1) Every notice of appeal to the land tribunal against a refusal by the planning authority to grant planning permission shall include—
(a) the appellant’s full name and postal address;
(b) the date on which the application for planning permission was referred to or lodged with the planning authority;
(c) the date on which planning permission has or is deemed to have been refused by the planning authority;
(d) the plot number or such other information sufficient to identify the land for the development of which permission has or is deemed to have been refused by the planning authority;
(e) brief particulars of the development for which permission has or is deemed to have been refused by the planning authority; and
(f) the reference number given to the application for planning permission by the planning authority.
(2) Where the land tribunal allows an appeal against a refusal by the planning authority to grant planning permission—
(a) planning permission shall be deemed, for the purposes of paragraphs 10 and 11, to have been granted by the land tribunal; and
(b) where the appeal was in respect of an application for planning permission referred to the planning authority by the responsible authority under paragraph 7(9) or lodged with the planning authority under paragraph 7(14), the land tribunal shall direct the Secretary of the planning authority to communicate the land tribunal’s decision to the responsible authority and the Secretary shall forthwith comply with that direction.
(3) Every communication such as is referred to in subparagraph (2)(b) shall contain the particulars prescribed by paragraph 9(1)(a) and the reference number given to the appeal by the land tribunal.
15. Appeals to land tribunal against conditions attached to planning permission
(1) Every notice of appeal to the land tribunal against any condition subject to which planning permission has been granted by the planning authority or the responsible authority shall be accompanied by every copy in the appellant’s possession of the application form and of any other document annexed thereto, date stamped and signed in accordance with paragraph 10, and shall include—
(a) the appellant’s full name and postal address;
(b) the date on which the application for planning permission was referred to or lodged with the planning authority or, where the application was neither referred to nor lodged with the planning authority, the date on which it was lodged with the responsible authority;
(c) the date on which planning permission has been granted;
(d) the plot number or such other information sufficient to identify the land for the development of which permission has been granted;
(e) brief particulars of the development for which permission has been granted; and
(f) the reference number given to the application for planning permission by the planning authority or, where the application was neither referred to nor lodged with the planning authority, the reference number given to it by the responsible authority.
(2) Where the land tribunal allows an appeal against any condition subject to which planning permission has been granted by the planning authority, it shall—
(a) transmit a certified true copy of its decision to the Secretary of the planning authority together with every copy of the application form and of any other document annexed thereto, date stamped and signed in accordance with paragraph 10, that accompanied the notice of appeal; and
(b) where the appeal arose out of an application for planning permission referred to the planning authority by the responsible authority under or in accordance with paragraph 7(9) or lodged with the planning authority under paragraph 7(14), transmit a certified true copy of its decision to the responsible authority.
(3) On receipt, of the certified true copy of the land tribunal’s decision transmitted to the Secretary of the planning authority in accordance with subparagraph (2)(a), the Secretary of the planning authority shall alter every copy of the application form and of any other document annexed thereto, date stamped and signed in accordance with paragraph 10, to bring the conditions set out therein into conformity with the land tribunal’s decision.
(4) Where the land tribunal allows an appeal against any condition subject to which planning permission has been granted by the responsible authority, it shall—
(a) transmit a certified true copy of its decision to the responsible authority together with every copy of the application form and of any other document annexed thereto, date stamped and signed in accordance with paragraph 10, that accompanied the notice of appeal; and
(b) transmit a certified true copy of its decision to the Secretary of the planning authority.
(5) On receipt by the responsible authority of the certified true copy of the land tribunal’s decision transmitted to the responsible authority in accordance with subparagraph (4)(a), an authorised person shall alter every copy of the application form and of any other document annexed thereto, date stamped and signed in accordance with paragraph 10, to bring the conditions set out therein into conformity with the land tribunal’s decision.
(6) Where the Secretary of the planning authority or the authorised person alters any document in accordance with subparagraph (3) or (5), he or she shall make thereon or securely annex thereto his or her written certificate to the effect that he or she has altered the document to bring it into conformity with the land tribunal’s decision on appeal and shall date stamp and sign the certificate.
(7) Having performed the duties imposed on him or her by subparagraph (3) or (5) and by subparagraph (6), the Secretary of the planning authority or the authorised person, shall forthwith return to the appellant every copy of the application form and of any other document annexed thereto, signed and date stamped in accordance with paragraph 10, that accompanied the notice of appeal.
16. Period of validity of planning permission granted by Minister, planning authority, etc.
(1) Planning permission granted by the Minister, by the planning authority or by the responsible authority shall be deemed, for the purposes of the Act, to be granted subject to the condition that the development for which that permission is so granted shall be completed within two years immediately after the date stamped on the relevant documents in accordance with paragraph 10.
(2) Any person to whom planning permission has been granted may at any time lodge a written application with the person or body by whom that permission was granted for the period of two years prescribed by subparagraph (1) to be extended or further extended.
(3) Every application under this paragraph shall—
(a) contain sufficient particulars to enable the original application for planning permission and any earlier application under this paragraph to be readily identified; and
(b) set out the reasons why the application is being made.
(4) The Minister, the planning authority or the responsible authority shall consider every application lodged with them under this paragraph and may, by order in writing, extend the period of two years prescribed by subparagraph (1) for such period as they may think fit.
(5) Notwithstanding subparagraph (4), where there is a responsible authority for the planning area or for the part of the planning area in which the development in question is being or is to be carried out, no such order shall be made by the Minister or by the planning authority unless the Minister or the planning authority has first consulted the responsible authority.
17. Notice of reference of application for planning permission to Minister
(1) Where the Minister gives directions to the planning authority or the responsible authority under section 25 of the Act requiring that any application for planning permission lodged with or referred to the planning authority or lodged with the responsible authority shall be referred to him or her, the planning authority or the responsible authority, as the case may be, shall, within two weeks immediately after receipt of the directions, cause to be served on the applicant written notice of the terms of the directions and of the reasons, if any, given by the Minister for giving the directions.
(2) Every notice under this paragraph shall include a statement—
(a) that the application has been or will be referred to the Minister in accordance with his or her directions; and
(b) that the Minister will, if the applicant so desires, afford him or his representative an opportunity of appearing before and being heard by a person appointed by the Minister for that purpose.
18. Planning authority’s register of applications planning permission
(1) The register required to be kept by the planning authority under section 23(3) of the Act as read with section 36(2) of the Act (in this paragraph referred to as “the planning authority’s register”) shall be kept in two parts at the principal office of the responsible authority in accordance with this paragraph.
(2) The first part of the planning authority’s register shall be in respect of applications for planning permission in respect of which the planning authority has granted planning permission and shall be kept by retaining, for at least seven years, a copy of every application form together with a copy of every plan and drawing submitted to the planning authority under this Order in connection with every such application.
(3) The second part of the planning authority’s register shall contain in respect of every application lodged with the planning authority under paragraph 7(14), the following information—
(a) particulars of the application, including the applicant’s full name and postal address, the date of the application and brief particulars of the development in question; and
(b) particulars of any decision or directions made or given under the Act or this Order in respect of the application, including any such decision or directions made or given on appeal or on a reference under section 25 of the Act or under paragraph 7(9).
(1) Where a notice or other document is required to be served on any person by this order, the service may be effected—
(a) by personal service;
(b) by post;
(c) by leaving it for him or her with some person apparently over the age of 16 years at his or her usual or last known place of abode or business;
(d) in the case of a corporate body or an association of persons, whether incorporated or not, by delivering it to the chairperson, a director or the secretary or clerk of the body or association at the registered office or principal office in Botswana of the body or association or by serving it by post on such chairperson, director, secretary or clerk at such office; or
(e) by publishing the notice in a local newspaper circulating in the planning area.
(2) Service on any person by post of any notice or other document shall be deemed, for the purposes of this Order—
(a) to be effected by properly addressing to that person’s last known private or business postal address, prepaying and posting, by registered mail, a letter containing the notice or other document; and
(b) to have been effected at the time at which the letter would be delivered in the ordinary course of post.
20. Temporary provisions pending operation of development plan
(1) During any period before a development plan has become operative in respect of the planning area or relating to any part thereof, the Minister may from time to time issue written guidelines in respect of the planning area or that part of the planning area.
(2) Any written guidelines issued by the Minister under this paragraph shall remain in force, unless earlier revoked, until a development plan in respect of the planning area or relating to the part of the planning area in question becomes operative.
(3) Where any written guidelines issued by the Minister under this paragraph are in force in respect of the planning area or any part thereof, every reference in this Order to the relevant development plan shall, as regards the planning area or that part of the planning area, be deemed, for the purposes of this Order, to be a reference to those guidelines.
21. Revocation of S.I. No. 98 of 1980
The Town and Country Planning (General Development) Order is hereby revoked.
FIRST SCHEDULE
CLASSES OF DEVELOPMENT WHICH MAY BE CARRIED OUT WITHOUT RECOURSE TO PLANNING AUTHORITY OR RESPONSIBLE AUTHORITY
(paras. 3, 4)
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Classes of development which may be carried out under paragraph 3 |
Conditions and limitations subject to which development may be carried out under paragraph 3 |
Group I
CLASSES OF DEVELOPMENT RELATING TO DWELLING-HOUSES
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1. The carrying out of works for the maintenance or for the enlargement, improvement or other alteration of a dwelling- house or for the erection, where none already exists, of a separate garage within the curtilage of a dwelling-house. |
(a) The cubic content of the dwelling-house (as ascertained by external dwelling-house measurement) shall not thereby be increased by more than 50m3 or one tenth, whichever is the greater, subject to a maximum of 100m3. |
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(b) The height of the dwelling-house shall not thereby be increased or exceeded. |
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(c) No part of the dwelling-house or of any garage shall thereby project beyond the forward most part of any wall of the dwelling-house which, immediately before the works are carried out, fronts on a highway. |
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2. The carrying out of works for the erection, construction or placing or the maintenance or the enlargement, improvement or other alteration, within the curtilage of a dwelling-house, of any building (other than a human dwelling or garage) or enclosure required for a purpose incidental to the enjoyment of the dwelling-house as such (including the keeping of poultry, bees, pet animals or birds and the growing of fruits, flowers or vegetables). |
(a) The area of ground covered by buildings (other than by the dwelling-house itself) within the curtilage shall not thereby exceed one tenth of the total area of the curtilage excluding the ground area of the dwelling – house. (b) The height of any such building shall not or shall not thereby exceed, in the case of a building with a ridge roof, 4m or, in the case of any other building, 3m. |
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(c) No part of any such building or enclosure shall or shall thereby project beyond the forward most part of any wall of the dwelling-house which fronts on a highway. |
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3. The construction, within the curtilage of a dwelling-house, of a hard standing for vehicles for a purpose incidental to the enjoyment of the dwelling-house as such. |
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Group II
CLASSES OF DEVELOPMENT CONSISTING OF SUNDRY MINOR OPERATIONS
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1. The carrying out of works for the erection or construction or the maintenance or the improvement or other alteration of any gate, fence, wall or other means of enclosure. |
(a) Such works shall not include works for the provision of a new access or the alteration of an existing access from any adjacent highway. (b) The height of any such means of enclosure shall not or shall not thereby exceed 1.8m. |
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2. The painting of the exterior of any building or other works. |
Such painting shall not be for the purpose of advertisement, announcement or direction. |
Group III
CLASSES OF DEVELOPMENT RELATING TO BUILDINGS, ETC. OR USES TEMPORARILY NEEDED
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1. The carrying out of works for the erection, construction or placing on land in, on, over or under which any operation is being or is about to be carried out or on land adjacent to such land of any building, works, plant or machinery temporarily needed in connection with the operation. |
(a) The principal operation shall be one for which planning permission has been granted or is not required. (b) Every such building, works, plant or machinery shall be removed forthwith upon the completion of the principal operation and, where the same are sited on such adjacent land, that land shall thereupon be rehabilitated. |
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2. The making of a material change in the use of land for not more than 28 days in aggregate in any one year and the erection or placing of movable structures on the land for the purpose of the temporary use. |
Group IV
CLASSES OF DEVELOPMENT RELATING TO THE USE OF LAND FOR AGRICULTURAL PURPOSES
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1. The carrying out of works of the following descriptions, by an industrial undertaker within an area allocated for use for the carrying out of any industrial process by the relevant development plan, for the purposes of such process- (a) the installation or erection, by way of addition or replacement, of plant or machinery or structures or erections of the nature of plant or machinery; (b) the provision, rearrangement or replacement of private ways, private railways (including railway sidings) or conveyors; or (c) the provision or rearrangement of sewers, mains, pipes, cables or other apparatus. |
The height of any plant or machinery or structures or erections of the nature of plant or machinery installed or erected by way of replacement shall not exceed that of the plant or machinery or structures or erections of the nature of plant or machinery thereby replaced. |
Group V
CLASSES OF DEVELOPMENT RELATING TO THE USE OF LAND FOR FORESTRY PURPOSES
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1. The carrying out of works or the making of a material change in the use of any building or other land, by the holder of a mining lease or restricted mining lease, within an area allocated for use for mining purposes by the relevant development plan, which works or change in use are directly necessary for winning the mineral to which the lease relates. |
The works or change in use shall be carried out or made in accordance with the lease and with the Mines and Minerals Act; Cap. 66:01. |
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2. The carrying out of works, by the holder of a mining lease, within an area allocated for use for mining purposes by the relevant development plan, for the erection, construction or placing or the maintenance or the enlargement, improvement or other alteration of any- (a) training school; not directly related to townsite development for the benefit of the community at large, or the making of a material change in the use of any such thing, by the holder of such a lease, within such an area. |
The works or change in use shall be carried out or made in accordance with the lease and with the Mines and Minerals Act. No such works or change in use shall be carried out or made unless the Minister for the time being responsible for town and country planning has been consulted during the planning stage of the relevant feasibility report approved by the Minister for the time being responsible for mines. |
Group VI
CLASSES OF DEVELOPMENT RELATING TO UNADOPTED STREETS OR PRIVATE WAYS
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The carrying out of works for the maintenance of an unadopted street or private way. |
The work shall be carried out within the boundaries of the street or way in question. |
Group VII
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED BY LOCAL AUTHORITIES
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The carrying out of works for the erection, construction or placing or the maintenance or the improvement or other alteration by a local authority of- (a) such small ancillary buildings, works or equipment as are reasonably required on land belonging to or occupied or maintained by the local authority for the purpose of performing on that land any function vested in the local authority; or lamp standards, information kiosks, passenger shelters and kiosks, telephone boxes, fire alarms, public drinking fountains, refuse bins or baskets, barriers for the control and safety of persons awaiting to enter public service vehicles, and such similar structures or works as are reasonably required in connection with the operation of any public service administered by the local authority. |
The work shall be carried out in accordance with any written law applicable thereto. |
Group VIII
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY ROAD AUTHORITY
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The carrying out by a road authority of works required for or incidental to the maintenance or improvement of an existing road. |
(a) The works shall be carried out in accordance with any written law applicable thereto. (b) The works shall be carried out within the boundaries of the road reserve of the road in question. |
Group IX
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY ROAD AUTHORITIES
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The carrying out by a drainage authority, in, on or under any existing watercourse or drainage works, of works required for or incidental to the maintenance or improvement of such watercourse or drainage works. |
The works shall be carried out in accordance with any written law applicable thereto. |
Group X
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY SEWERAGE AUTHORITIES
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The carrying out by a sewerage authority of works required for or incidental to the maintenance or improvement of an existing sewer. |
(a) The works shall be carried out in accordance with any written law applicable thereto. (b) The work shall not involve any change above ground level other than a temporary change |
Group XI
CLASSES OF DEVELOPMENT RELATING TO THE USE OF LAND BY RAILWAY AUTHORITIES
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Development by a railway authority, of operational land of the authority required for or incidental to the movement of traffic by rail. |
(a) The development shall be in accordance with any written law applicable thereto. (b) The development shall not include the carrying out of works for the erection, construction or placing of any residential building, office or workshop unless the same is wholly situated within the perimeter of an existing railway station. (c) The development shall not involve or result in the obstruction of the view of any person using a road used by vehicular traffic in such a way as to endanger or be likely to endanger any person or property. |
Group XII
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY ELECTRICITY AUTHORITIES
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The carrying out by an electricity authority of works required for or incidental to the maintenance or improvement of existing electricity distribution lines including the installation of new service lines to individual consumers from an existing distribution line. |
The works shall be carried out in accordance with any written law applicable thereto. |
Group XIII
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY WATER AUTHORITIES
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The carrying out by a water authority of works required for or incidental to the maintenance or improvement of existing water mains, water distribution pipes, services and all associated waterworks fittings (including hydrants, valves and associated surface boxes, valve marker posts, etc.) required to supply water to consumers within a waterworks area including the installation of new service pipes from an existing distribution pipe. |
The works shall be carried out in accordance with any written law applicable thereto. |
Group XIV
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY FIRE AUTHORITIES
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The carrying out of works by a fire authority required for or incidental to the installation or maintenance of fire hydrants. |
The works shall be carried out in accordance with any written law applicable thereto. |
Group XV
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY POSTAL SERVICE PROVIDERS
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The carrying out by postal service providers, in performance of their functions as such, of works for the erection, construction or placing or the maintenance or the improvement or other alteration of— (a) posting boxes or self-service postal machines; or (b) telegraphic service lines for individual subscribers in the exercise of a servitude or other right. |
The works shall be carried out in accordance with any written law applicable thereto. |
Group XVI
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS FOR SOIL INVESTIGATION
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The carrying out of works for the sinking of a borehole to ascertain the nature of the subsoil or for the installation or erection of plant or machinery or structures or erections of the nature of plant or machinery reasonably required in connection therewith. |
Six months immediately after the commencement of the works or at the completion of the purpose for which the borehole was sunk, whichever is the earlier, the plant or machinery or structures or erections of the nature of plant or machinery shall forthwith be removed and the land rehabilitated. |
Group XVII
CLASSES OF DEVELOPMENT RELATING TO AERODROMES
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Development of land within the perimeter of an existing aerodrome for such maintenance or improvement of the aerodrome as is required for or incidental to the movement of traffic by aircraft. |
(a) The development shall be in accordance with any written law applicable thereto. (b) The development shall not include the carrying out of works for the erection, construction or placing of any residential building, office or workshop. |
Group XVIII
CLASSES OF DEVELOPMENT RELATING TO CHANGES IN THE USES OF BUILDINGS OR OTHER LAND
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Any change in the use of any buildings or other land whereby such use remains wholly within any of the following classes of use- |
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Class A Use as a home for old people, children’s hospital, sanitarium, nursing home or school for the handicapped. Class B Use as a mental hospital, mental sanitarium, prison or house of correction. Class C Use as the residential section of a school or college. Class D Use as- (a) an office, including a bank or building society office open to the public but excluding a post office; and (b) a shop, including fresh produce, general dealer, clothing shop or kiosk Class E Use as buildings in which light industrial processes are carried on which, if carried on in a residential area, would not result in loss of amenity to that area through noise, smoke, rubbish, odours, light, shadow, gases, temperature changes or loss of character in the normal use of the area. Class F Use of- (a) buildings as a place of public worship or religious instruction or for the social or recreational activities of the religious body using the buildings; and (b) buildings as a museum, library or hall generally used by the public. Class G Use as buildings providing a service to the community, including a clinic or day care centre. Class H Use of buildings as a theatre, cinema, dance hall, discotheque or bar or other licensed premises. Class I Use as a stadium, reviewing stand or amusement park. Class J Use of buildings as a wholesale warehouse or repository of any kind. |
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TOWN AND COUNTRY PLANNING (TRANSFER OF PLANNING FUNCTIONS) ORDER
(under section 22(1))
(1st August, 1980)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Transfer of certain planning functions of Board to responsible authorities
Schedule
S.I. 96, 1980,
S.I. 43, 1985,
S.I. 96, 1985,
S.I. 62, 1994,
S.I. 28, 1995,
S.I. 98, 1997.
This Order may be cited as the Town and Country Planning (Transfer of Planning Functions) Order.
2. Transfer of certain planning functions of Board to responsible authorities
In respect of each planning area designated in the first column of the Schedule by the name conferred on it by the Town and Country Planning (Declaration of Planning Areas) Order, the functions of the Board under Part IV of the Act to grant permission for development are hereby transferred to the authority specified in the corresponding entry in the second column of the Schedule, subject to the provisions of the Town and Country Planning (General Development) Order.
SCHEDULE
(para. 2)
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Planning area |
Authority to which Functions of Board to Grant Planning Permission Transferred |
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1. Francistown Planning Area- |
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(a) Farms 1 NQ – 5 NQ, 7 NQ – 32 NQ, Portion 117 of 35 NQ, 36 NQ, 40 NQ – 48 NQ, 54 NQ – 56 NQ, 59 NQ – 66 NQ, 70 NQ – 77 NQ/1, 84 NQ – 86 NQ, 102 OQ, 111 OQ – 115 OQ, 80 NQ (Tati Siding Village) |
North East District Council |
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(b) Francistown City |
Francistown City Council |
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2. Gaborone Planning Area- |
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(a) Mogoditshane Village and its hinterland |
Kweneng District Council |
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(b) Tlokweng Village, Bamalete Tribal land south of Forest Hill 9-KO, the farms of Forest Hill (Kgale Hill), the freehold part of Content 1-KO, Sowenflat 2-KO, Glen Valley 3-KO, Werribee 12-KO, Kentholme 13-KO, Notwane 14-KO, Farm Traquair 10-KO and Crocodile Pools 15-KO |
South East District Council |
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(c) Gaborone City |
Gaborone City Council |
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3. Ghanzi Planning Area |
Ghanzi Township Authority |
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4. Jwaneng Planning Area |
Jwaneng Township Authority |
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5. Kasane-Kazungula Planning Area |
Kasane-Kazungula Planning Advisory Committee of the North West District Council |
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6. Lobatse Planning Area |
Lobatse Town Council |
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7. Selebi-Phikwe Planning Area |
Selebi-Phikwe Town Council |
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8. Mahalapye Planning Area |
Central District Council |
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9. Serowe Planning Area |
Central District Council |
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10. Palapye Planning Area |
Central District Council |
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11. Molepolole Planning Area |
Kweneng District Council |
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12. Mochudi Planning Area |
Kgatleng District Council |
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13. Kanye Planning Area |
Southern District Council |
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14. Ramotswa Planning Area |
South East District Council |
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15. Maun Planning Area |
North West District Council |
TOWN AND COUNTRY PLANNING (MINIMUM SIZE FOR SUBDIVISION OF LAND) ORDER
(section 37(1))
(1st November, 2019)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Minimum size for subdivision of land
3. Revocation of Statutory Instrument No. 79 of 2019
S.I. 147, 2019.
This Order may be cited as the Town and Country Planning (Minimum Size for Subdivision of Land) Order.
2. Minimum size for subdivision of land
For purposes of Part VI of the Act, 1 hectare is hereby declared the minimum size for which agricultural land may be subdivided in Botswana without the consent of a planning authority.
3. Revocation of Statutory Instrument No. 79 of 2019
Town and Country Planning (Minimum Size for Subdivision of Land) Order of 2019 is hereby revoked.
TOWN AND COUNTRY PLANNING (TRANSFER OF FUNCTION) ORDER
(section 36(1))
(8th March, 2024)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Transfer of function
S.I. 26, 2024.
This Order may be cited as the Town and Country Planning (Transfer of Function) Order.
2. Revocation of S.I. No. 66 of 1979
The function of the planning authority to authorise the subdivision and consolidation of tribal land without change of land use, is hereby transferred to the land boards, subject to such conditions, limitations and reservations, as the Minister may determine.
