A MODEL NATIONAL TOWN AND COUNTRY
PLANNENG ACT FOR THE
REPUBUC 0F ERAQ

Theaés for the Degree of M. U. P.
MiCHiGAN STATE UNWERSITY
NAMIR YUSUF ZAINAL
1970

LIBRARY ‘

TH E513 ° 0
Machzgan 5‘2: 3
University

 

    
      

 
 

7 maroma UV ‘3‘
"MG & SGNS' ,
800K BINDERY INC.

‘ Llamnv amocns
n s;;::::.-:::. iiifiiiill

  

A MODEL NATIONAL TOWN AND COUNTRY
PLANNING ACT FOR THE
REPUBLIC OF IRAQ

BY

Namir Yusuf Zainal

National planning and planning for settlements in
Iraq are both functions of government and should continue
so. Based on this premise, the Model Act provides for the
creation of a central governmental planning unit to function
as a staff agency to the President of the Republic in
matters related to town and country planning and to exer-
cise regulatory powers, establish procedures, and provide
essential services.

The organizational structure of the national
planning body is composed of a director, a planning staff,
and an advisory commission. The Model Act provides for the
appointment and establishes functions and duties of each
element of this national planning body. In addition, this
planning body is authorized to prepare a National Develop-
ment Plan whose purpose and scope, and procedures for its
preparation, adoption and ammendment, and legal effect are

provided.

Namir Yusuf Zainal

The Model Act recognizes that regional planning
offers the framework within which development projects of
national as well as local importance can find their place
and hence guides urban and rural growth which might cause
physical and social blight. The national planning body is
authorized to delineate, within the country, workable
planning regions based on such criteria as geographical
identity, cultural unity, and natural resources. A
regional planning body composed of a regional officer, a
planning staff, and an advisory board is created to carry
out functions and duties as provided. The Act establishes
the functions, duties and responsibilities of each element
of this planning body. Among such functions, the regional
planning body is authorized to prepare a Regional Plan
whose purpose and scope, and procedures for its adoption
and ammendment, and legal effect are provided for.

At the local level of government, the legislation
designates all provincial capitals and municipalities as
Local Planning Areas. It provides for the creation of a
local planning body composed of a planning officer, a
planning staff, and an advisory local council to assume
responsibilities and carry out functions as provided.
Among those, the preparation of an Interim Development

Plan and Master Plan are emphasized.

Namir Yusuf Zainal

The Model Act, also, provides measures and regu-
lations in relation to control of development and use of
land. In addition, it provides general supplemental and

miscellaneous provisions.

A MODEL NATIONAL TOWN AND COUNTRY
PLANNING ACT FOR THE

REPUBLIC OF IRAQ

by

Namir Yusuf Zainal

A THESIS

Submitted to
Michigan State University
in partial fulfillment of the requirements
for the degree of

MASTER IN URBAN PLANNING

School of Urban Planning and
Landscape Architecture

1970

(Afl/OA277
z/ _- é - 7(2

DEDICATION

To my father and mother,

To Amal and Omar,

To the "Land between the river," the Euphrates

and the Tigris,

with love, gratitude, and esteem.

ii

‘l I III“ I I‘ll I'll II I. .II‘I'IIII

ACKNOWLEDGMENTS

I wish to express my deepest gratitude and
sincerest appreciation to the many professors and class-
mates for their earnest help during my study at Michigan
State University.

Grateful appreciation is also extended to the
United Nations: Fellowship and Training Programme
Section for its financial aid.

I am deeply indebted to Professor Charles W.
Barr who, as my advisor inspired, helped, advised, and
directed me toward the successful completion of my pro-

gram and this thesis.

iii

INTRODUCTION .

Chapter
I.

II.

III.

Section
of Act

Section
Section

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

Section 18 Declaration of a

PRELIMINARY

1 Title,

TABLE OF CONTENTS

2 Objects of Act. .
3 Definitions. . .

NATIONAL TOWN AND COUNTRY PLANNING

Creation of Directorate.

Duties of Directorate

O

Appointment of Director.

Duties of Director

Appointment of Staff.

Duties of Staff .

Creation of Commission .
Duties of Commission.

National Development Plan

Purpose of Plan. .
Contents of Plan .
Adoption of Plan .
Amendment of Plan.
Legal Effect . .

REGIONAL PLANNING . . . . .

Planning Area. . . . . .

Section 19 Creation of Regional Planning

Agency

Section 20 Duties of Agency .

Section 21 Appointment of Regional Plan-

ning Officer . . . . . .

iv

Regional

Extent and Commencement

10

10
10
12

l7

l7
18
21
21
23
24
25
28
30
30
31
33
36
36

37

37

39
40

42

Chapter

IV.

Section
Officer
Section

22

23

ning Staff

Section
Staff .
Section
Board .
Section
Board .
Section
Section
Section
Section
Section
Section

24
25
26

27
28
29
30
31
32

Duties of Regional Planning

Appointment of Regional Plan-
Duties of Regional Planning

Creation of Regional Planning
Duties of Regional Planning

Regional Plan. . . . . .
Purpose of Plan . . . . .
Contents of Plan. . . . .
Adoption of Plan. . . . .
Amendment of Plan . . . .
Legal Effect . . . . . .

LOCAL PLANNING. . . . . . . . . .

Section 33 Declaration of Local Planning
Area . . . . . . . . . . . .
Section 34 Creation of Local Planning
Authority. . . . . . . . . . .
Section 35 Duties of Local Planning
Authority. . . . . . . . . . .
Section 36 Transfer of Function . . .
Section 37 Appointment of Town Planning
Officer . . . . . . . . . . .
Section 38 Duties of Town Planning
Officer . . . . . . . . . . .
Section 39 Appointment of Town Planning
Staff . . . . . . . . . . . .
Section 40 Duties of Town Planning Staff
Section 41 Creation of Local Planning
Council . . . . . . . . . . .
Section 42 Duties of Local Planning
Council . . . . . . . . . . .
Section 43 Interim Development Plan,
Purpose and Content . . . . . . .
Section 44 Master Plan . . . . . .
Section 45 Purpose of Master Plan. . .
Section 46 Contents of Master Plan . .
Section 47 Adoption of Master Plan . .
Section 48 Amendment of Master Plan . .
Section 49 Legal Effect . . . . . .

43
45
45
46
50
52
52
53
56
59
59

61

61

63

64
67

67
68

70
70

71

75

76
79
79
81
83
86
87

Chapter
V. CONTROL OF DEVELOPMENT AND USE OF LAND. . 88

Section 50 Use and Development of Land

in Conformity with Master Plan. . . . 88
Section 51 Prohibition of Development
Without Payment of Development Charges

and Without Permission . . . . . . 89
Section 52 Right to Appeal . . . . . 93
Section 53 Lapse of Permission . . 94
Section 54 Power to Stop Unauthorized
Development . . . . . . . . . . 94
Section 55 Power to Require Removal of
Unauthorized Development. . . . . . 95
Section 56 Power to Require Removal of
Authorized Development or Use . . . . 97

VI. SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS. 101

Section 57 Power of Entry . . 101
Section 58 Public Notice How to be Made
Known O O O O O O O O O O O l 0 2

Section 59 Notices, Etc., to Fix Reason-

able Time. . . . . . . . . . . 103
Section 60 Keeping of Records . . . . 103
Section 61 Interim Period . . . . . 104
Section 62 Transitory Provisions . . . 104
Section 63 Laws Repealed. . . . . . 104
Section 64 Power of President to Make

Rules and Regulations. . . . . . . 105
Section 65 Penalty. . . . . . . . 105

SELECTED BIBLIOGRAPHY AND REFERENCES . . . . . 106

vi

INTRODUCTION

Short History

 

The need for comprehensive planning legislation
at the National Level has been evident for a long time.
The United Nations publications and the studies done by
several International Consultants seem to agree that,
comprehensive national, regional, and local planning and
the execution of urban development policies cannot be
carried out without an adequate legislation. To deal
with the huge urban development problems, a special
organization is often required for the task of planning,
and co-ordination of development policies covering all
related fields of Town and Country Planning on a national,
regional and on a more detailed local scale, as well as
to provide technical assistance to municipalities in all
fields of Town Planning.

In order to formulate suggestions in connection
with changes and modifications of existing town planning
legislation, it is necessary to become acquainted with

the existing situation.

Control of physical planning problems in cities,
towns, and municipalities, the relevant institutions,
procedures, and connected administrative actions of
municipal authorities, have their formal and legal frame-
work in two basic documents:

a. The Law of Municipal Administration.

b. The Regulations related to Roads and Buildings.

The Law of Municipal Administration/No. 165 of
1964/ is the basic legal regulation, controlling all
problems connected with municipalities and their activity.
Among others, it incorporates the procedure for organizing
such units, appointment or election of authorities, also
scope of activities, duties and rights, means and ways
to effect their tasks, and several other problems. In
addition, within articles 43-47, are very generalized
indications, referring to object and scope of plans for
physical development within cities, towns and muncipalities.
In other words, these articles deal with master plans,
the way they are implemented, the degree of their obli-
gation, the procedure of their approval, and the intro-
duction of revisions and changes.'

Among problems dealt with by articles 48-51, are
also statements referring to municipal administration, also
supervision of investment and building activity, both
closely connected with the implementation of the plan's

provisions.

The problems of land economy, also closely con-
nected with problems of plan's implementation, are in-
cluded in articles 52-55, 60-63 and 70. They deal with
the disposition of public land areas, land areas registered
in the name of the public as a result of subdivision
activities and from rights of way of streets, and with
ways of disposing of these areas.

Regulations related to Roads and Buildings/No. 44
of 1935/, together with several later revisions, changes
and additions, controls several different problems. They
incorporate:

1. Regulations related to physical planning/
residential zones, as elements of master plan; their
division into particular classes, conditions for devel-.
opment, and also design of roads and streets in separate
classes.

2. Regulations covering building bylaws and the
supervision of buildings which refer solely to design
and construction of buildings, roads and streets, to
building licenses, to maintenance and repair of streets.

Besides the above mentioned Law and regulations,
there are several others such as the Amended Law of
Appropriation No. 57 of 1960, which controls the problem
of land acquisition, conditions for its application and

principles for assessing recompensation.

Finally, on the one hand, from the incompleteness
of the relevant regulations, or from the lack of them;
and on the other hand, from the fact that they do not
provide the legal framework or answer the requirements of
effective town planning activity, there is an urgent
need for developing a formal and legal basis for such
activity in the form of a complete system of regulations
incorporating all relevent factors and elements.

National Town and Country
Planning Act

 

 

This Act is the first step toward comprehensive
planning legislation in Iraq. Further studies and elab-
orations in regard to national regional and municipal
planing should be pursued. The provisions of the Act
should be considered necessarily tentative. Further
research and investigation to find the formulae and turn
them into finished legal products, is the real challenge

that lies ahead for the Iraqi planners.

Basic Structure of the Act

The National Town and Country Planning Act pro-
vides for the constitution by the President of a Direc-
torate of National Town and Country Planning, and a
National Town and Country Planning Commission for the
purpose of advising the President and for co-ordinating
and implementing general policies on the national level,

regional level, and the local level, the constitution

of a Regional Planning Agency and a Regional Planning
Board for the purpose of carrying out a regional planning
program, advising, co-ordinating and implementing regional
policies on the regional and local level, and the setting
up of a number of Local Planning Authorities and Local
Planning Councils for different urban and rural areas
within the Republic to undertake preparation of master
plans and to enforce them.

The Act provides for several steps at different
levels in the administration of the Act. First, at the
national level, there will be the preparation of a National
Development Plan and its enforcement. At the regional
level there will be the preparation of a Regional Plan
and its enforcement. At the local level there will be
the preparation of the Interim Development Plan and its
enforcement. Last, the preparation of the Master Plan and

its enforcement.

Application Stage by Stage

The application of the Act will extend to the
entire Republic of Iraw immediately the Act comes into
force; this necessitates planning control to be exercised
all over the Republic by the respective planning authori-
ties. Considering the administrative difficulties which
such a provision will involve; it is thought better to
empower the President, upon recommendation of the Director

of the Directorate of National Town and Country Planning

and the National Town and Country Planning Commission, to
define the areas to which the Act will apply stage by
stage and to extend the application of the Act to other
areas as and when the necessary machinery is set up to
shoulder the responsibilities. This provision will enable
priority areas to be brought under planning control im-
mediately the Act comes into force, and other areas to

be brought gradually under planning control, thus pro-
viding for a stage by stage development of planning
administration within the Republic. The said statement
applies to regional and local planning areas.

National Town and Country

Planning Commission, Regional

Planning Board, and the Local
Planning Council

 

 

 

 

The functions of the said Commission, Board or
Council as defined in the Act are to advise the planning
officer, be it the Director of the Directorate of National
Town and Country Planning, the Regional Planning Officer
or the Town Planning Officer to co-ordinate developmental
activities at the national, regional and local levels.
They are advisory in character and all the powers vest in
the President. In exercising its functions the Commission,
Board or Council will be required to advise, coordinate
and direct not only the work of the Directorate of National
Town and Country Planning, the Regional Planning Agency or

the Local Planning Authority, but also the work of the

different national regional and local governmental de-
partments and agencies who will be promoting and pursuing
developments in their respective fields. Effective co-
ordination of the developments in different fields is
absolutely essential if maximum benefits are to accrue.
To achieve effective co-ordination, the Commission, Board
or Council will need to have sufficient authority and has
to be so constituted as to be above an individual de-
partment but at the same time all departments should have
their fullest say before any decision is taken by the
Commission, Board or Council.

The Director of the Directorate

of National Town and Country

Planning, the Regional Planning

Officer and the Town Planning
Officer

 

 

 

 

The role of the Director, the Regional or Town
Planning Officer is dual. First as the secretary to the
National Town and Country Planning Commission, Regional
Planning Board or the Local Planning Council he assists
the Commission, Board or Council in preparing and pro-
mulgating planning policies through the various channels
of governmental machinery and in effect he acts as an
executive officer to the said Commission, Board or Council.
Second, as the technical head of a governmental department,
he is responsible to the Government in carrying out its
orders, enforcing rules and regulations and discharging

responsibilities under the Act. Thus he plays a key role

in both helping the planning policy to be formed and
promulgated as well as supervising its inplementation
of such policy at the national, regional or local level
through the planning authorities and where required

directly with the help of his own staff.

Rules and Regulations

 

The Act confines itself to the important provi-
sions and leaves details to be covered by the rules and
regulations to be framed under this Act. This flexibility
is essential for any planning legislation which is very
wide in its scope and where it is not possible to foresee
all the situations that may arise. Until sufficient ex—
perience has been gained, it is desirable to leave all
detailed matters to be covered by the rules and regulations
over which the Republic legislature has sufficient control
as also the right to amend, if considered necessary or
unjust.

It appears necessary to reiterate that Planning
Laws all the world over are still in a trial stage and
have to be amended, revised and changed as experience is
gained. The different Model Acts do provide a good guide
in parts but local conditions and systems vary considerably.
Iraq's experience still does not extend over any length of
time. One cannot therefore dogmatise over any particular

set of laws. One feature must, however, be common to all

of them-~the law must serve the long term interests of
the community and region as a whole within the general

framework of national goals and objectives.

Section 1

CHAPTER I

PRELIMINARY

TITLE, EXTENT AND COMMENCEMENT OF ACT

 

Section 2

(1) This Act shall be called the "National Town

and Country Planning Act," l9__.

(2) It extends to the whole of the Republic

of Iraq.

(3) It shall come into force on such date as
the President may designate by notification

in the Official Gazette.

OBJECTS OF ACT

 

(1) To grant fundamental powers to regulate
the development of land in public interest,
that is in the interest of general welfare,

safety, morals, order and convenience.

(2) To organize the planning functions at
various levels of government and to the types
of legislation required to establish such

organizational structures and functions, to

10

11

pursue effective operation of planning functions
at different levels of government, be it on the

national, regional or local level.

I

(3) To establish the necessary channels for
stimulating, assisting and coordinating local

and regional planning activities as an integral
part of national development planning, to en-
sure a continuing interaction and communication
between and among various governmental activities
for the development of individual areas of the
Republic, taking into account their mutual bonds

and the interest of the entire Republic.

(4) To provide a system of checks and balances
designed to give opportunity to the public to
make representation; to safeguard, without pre—
judice to the paramountcy of the general public
interest, the rights of individuals; and to
ensure justice in the exercise of planning

powers.

(5) To provide the means, as opposed to the
power, whereby planning policy can be imple-

mented.

12

Section 3 DEFINITIONS

 

In this Act, unless there is anything repugnant
in the subject or context, the following meaning
of words shall prevail:

(1) "Agency" means the Regional Planning Agency

constituted under Section 19 of this Act.

(2) "Agriculture" includes horticulture, farming,
growing of crops, fruits, vegetables, flowers,
grass, trees or any kind of cultivation of soil;
heeding and keeping of livestock; the use of

land which is ancillary to the farming of land
or any other agricultural purpose, but shall not
include the use of any land attached to a build-
ing for the purposes of a garden to be used
along with such building; "Agricultural" shall

be construed accordingly.’

(3) "Amendment" includes revision, addition or

extension.

(4) "Amenities" include roads and streets, open
spaces, parks, recreational grounds, playgrounds,
water and electric supply, street lighting,
sewerage, drainage, public works and other

utilities, services and conveniences.

13

(5) "Board" means the Regional Planning Board

constituted under Section 25 of this Act.

(6) "Capital Improvement Program" means a pro-
gram of public works involving capital expendi-

ture which is to be carried out in stages.

(7) "Chief Executive" means the chief appointed
official of a province, city or municipality;
usually the governor of a province, the mayor

of a city or municipality.

(8) "Citizen Member" means any member of a plan-
ning commission, planning board or planning
council who is not an appointed official or

employee of the national or local government.

(9) "Commerce" means carrying on any trade,
business or profession, sale or exchange of goods
of any type whatsoever, and includes the running
of, with a View to make profit, hospitals,
nursing homes, educational institutions, and

also includes hotels, restaurants, boarding
houses not attached to any educational institu-
tion; and "Commercial" shall be construed

accordingly.

14

(10) "Commercial Use" includes the use of any
land or building or part thereof for purposes
of commerce as defined or for storage of goods,
or as an office, whether attached to industry

or otherwise.

(11) "Commission" means the National Town and
Country Planning Commission constituted under

Section 10 of this Act.

(12) "Development" means the carrying out of
building, engineering, mining or other operations
in, on, over or under land; or the making of

any material change by erection, construction,

or reconstruction of any building or structure,
or the redevelopment of any area and maintaining,
improving, or altering the use of any building

or land, including subdivision of land.

(13) "Director" means the person appointed by
the President under Section 6 as head of the

Directorate of National Town and Country Planning.

(14) "Directorate" means the Directorate of
National Town and Country Planning constituted

under Section 4 of this Act.

(15) "Governor" means the chief appointed offi-

cial of a province.

15

(16) "Local Newspaper" means any newspaper pub-

lished or circulated within the local planning

area.
(17) "Mayor" means the chief appointed official

of a city or municipality.

(l8) "Occupier" includes:

(a) a tenant;
(b) an owner in occupation of, or otherwise

using his land;

(c) a rent-free tenant of any land;
(d) a licensee in occupation of any land; and

(e) any person who is liable to pay to the

owner damages for the use and occupation

of any land.

(19) "Planning Area" means any area declared to

be a local planning area under this Act.

(20) "Prescribed" means prescribed by rules or

regulations made under this Act.

(21) "President" means the President of the

Republic of Iraq.

(22) "Subdivision" means the division of any

holding of land into two or more parts whether

16

the subdivision is effected for purposes of im—
mediate or future conveyance, transfer, sale,
gift, lease, mortgage or any other purpose; it
includes re-subdivision and when appropriate to
the context, shall relate to the process of

subdivision or to the land subdivided.

(23) "Use" means the principal purpose for which
a parcel of land or the main building thereon
is designed, arranged, or intended and for which

it is or may be used, occupied, or maintained.

CHAPTER II

NATIONAL TOWN AND COUNTRY PLANNING

Section 4 CREATION OF DIRECTORATE

 

(1) For proper functioning of this Act there
shall be a central governmental unit to be
known as the Directorate of National Town and
Country Planning. It shall be the sole func-
tion of the Directorate to carry out the aims,
purposes, powers and functions of this Act,

and in doing so serve the President of the
Republic of Iraq as the staff agency in town
and country planning matters, and as a technical
staff of the National Town and Country Planning
Commission. In the execution of its purposes,
the Directorate shall function as an advisory,
consultative, and co-ordinating unit, harmoni-
zing its planning activities with the planning
activities of Departments and Agencies of
Government as they relate to the physical de-

velopment of urban and rural areas.

17

l8

(2) The Directorate of the National Town and

Country Planning shall consist of the following:

(a) a Director of National Town and Country

Planning;

(b) a National Town and Country Planning

Staff.

Section 5 DUTIES OF DIRECTORATE

 

The Directorate of National Town and Country
Planning shall have the power to do everything
which may be necessary or expedient for the
purpose of carrying out its duties under this

Act, and such powers shall include the power to:

(1) Provide the President with recommendations
and assistance in developing and shaping a
balanced, coordinated set of policies and pro-
grams concerning the physical development of

the Republic.

(2) Fulfill duties connected with the National

Development Plan as given in Section 12.

(3) From time to time revise, amend, extend or
add to a plan or plans for the overall physical
development of the Republic, which plan or plans
collectively shall be known as the National

Development Plan. In carrying this function,

19

the Directorate may seek the cooperation and advice
of the appropriate Ministries, Departments, re-
search organizations, institutions, whether public
or private, civic groups, and private persons and
organizations, and establish close working rela-
tionships with governmental departments both from
the standpoint of collating national development
plans, and coordinating these plans at the regional

and local levels.

(4) Receive, review, comment upon, and recommend
concerning proposals, plans, bylaws, or projects
of regional and local bodies, when such proposals,
plans, bylaws, or projects relate to town and

country planning.

(5) Conduct surveys, studies, and researches of
agricultural, industrial, commercial, recreational,
physical and human resources, and other resources
which affect the town and country planning and

development activities of the Republic.

(6) Coordinate nationwide public works planning by
requiring departments and agencies with public works
and development planning program responsibilities
to submit these to the Directorate of National Town

and Country Planning Agency for review on their

20

relationships to the National Development Plan,
and preparation of works priority list based on
need and other factors or urgency such as public
health, local catastrophe or similar considera-
tions. Nothing in this provision however, shall
affect town and country planning and development
activities of those regional and local bodies
which are able to perform these functions with

their resources.

(7) Review in close cooperation with the Ministry
of Finance, the capital imporvement program of

all national departments and agencies and assist
in preparing a coordinated annual capital budget
and a longer range, five-year capital and public

works program.

(8) Prepare, within its financial and staff capa-
bilities, special planning studies at the request

of other governmental departments and agencies.

(9) Publish and distribute information related to
its activities, plans, works schedule and other
relevant functions or projects in order to foster
public awareness and understanding of planning
objectives, and of the functioning of national,
regional and local planning and to stimulate
public interest and participation in the

development of the Republic.

21

Section 6 APPOINTMENT OF DIRECTOR

Section 7

(1) For proper functioning of this Act, the
President, shall, by notification in the Official
Gazette, appoint for the purpose of carrying out
functions assigned to him under this Act, a town
and country planner, to be called the Director
of the Directorate of National Town and Country
Planning, and to be the chief executive and
administrative officer and head of the Direc-
torate of National Town and Country Planning and
shall function under the direct control and
supervision of the President of the Republic.
The Director shall be an ex-officio member,
secretary, and technical adviser of the National
Town and Country Planning Commission. The
Director shall be a person qualified by special
training, experience, and demonstrated ability

in the field of Planning.

(2) The Director of the Directorate of National
Town and Country Planning shall serve and hold
office at the pleasure of the President and

shall receive such salary as provided by law.

DUTIES OF DIRECTOR

 

The Director of the Directorate of National Town

and Country Planning shall perform all duties,

22

exercise all powers and carry out all functions
assigned to him under this Act, which shall in-

clude among others the following:

(1) Assume principle technical and administrative
responsibilities for overall organization and
management of the Directorate of National Town
and Country Planning and the national planning

program.

(2) Appoint, subject to the provisions in Section
8 of this act, officers and employees whose
services are necessary for the efficient per-
formance of the Directorate and which are com-
petent for the work by reason of training or

experience.

(3) Represent the Directorate of National Town
and Country Planning at official meetings and

technical or professional conferences.

(4) Submit the National Development Plan or
parts thereof to the National Town and Country
Planning Commission for review, evaluation and
recommendation prior to its submission to the
President. After review by the Commission, the
Director shall thereafter submit the National

Development Plan to the President for final

23

approval and subsequent adoption and by action

of the Council of Ministers.

(5) Prepare and submit an annual report to the
President and the Council of Ministers, and

to furnish such report to the National Town and
Country Planning Commission, the Director
Generals of national departments and agencies,

and the public.

(6) Exercise all other powers and functions
outlined in the civil law as a Director of a

national governmental directorate.

Section 8 APPOINTMENT OF STAFF

 

(1) The National Town and Country Planning Staff
shall be appointed, on the basis of special
training, experience, ability and fitness, by
the Director of the Directorate of National

Town and Country Planning subject to the approv-
al of the President and the Director General of
the Civil Service and in accordance with Civil

Service Rules and Regulations.

(2) Employees of the Directorate of National
Town and Country Planning may be transferred
temporarily to other national departments and

agencies, local governments and planning

Section 9

24

agencies; or employees of departments, agencies,
local governments or planning agencies may be
transferred temporarily to the Directorate of
National Town and Country Planning. Such tempo-
rary exchange of employees shall be arranged

according to Civil Service Rules and Regulations.

DUTIES OF STAFF

 

The National Town and Country Planning Staff,
under the direct control and supervision of the
Director shall perform all duties, and exercise
all such powers, as may be necessary or expedient
for the purposes of carrying out its functions
under this Act, which shall include among others

the following:

(1) Operate the internal functions of the
Directorate of National Town and Country Plan-
ning and perform its administrative and technical

duties and services.

(2) Prepare, keep up-to-date, review, and from
time to time revise, and add to the National

Development Plan.

(3) Prepare studies, carry on researches and
investigations on matters related to the National

Development Plan and participate in the

25

development of the national town and country

planning program.

(4) Render consultive planning services to
regional planning units for the actual prepara-

tion of their regional plans, upon their request.

(5) Undertake, assist and encourage the collec-
tion, maintenance, and publication of statistics
on resources and economic activity, bulletins

and monographs on planning and its methodology.

(6) Perform any other function which is sup-
plemental, incidental or consequential to any
of the functions aforesaid or which may be

prescribed.

Section 10 CREATION OF COMMISSION

 

(1) For the purpose of this Act, the President,
shall, by notification in the Official Gazette,
constitute a National Town and Country Planning
Commission which shall be an advisory planning
body administratively attached to the Direc-
torate of National Town and Country Planning
for advising and assisting the Director of the
said Directorate, and for carrying out the
functions and duties assigned to it under this

Act.

26

(2) The Commission shall consist of not less than
six no more than twelve members, out of which

at least six shall be officials of the national
government, its departments and agencies, and

out of which at least three shall be experts

in certain phases of the National Development

Program.

(3) The President shall appoint the chairman

from among the members of the Commission.

(4) The term of office and conditions of services
of the Chairman, and other members of the Com-
mission shall be such as may be prescribed; and
they shall be entitled to receive such salaries
or allowances or both as may be fixed by the

Civil Service Laws and Regulations.

(5) The term of office of the citizen members
shall be four years and until their successors
are appointed except that of the members first
appointed one-half shall be appointed for a

two-year term and the remainder for four years.

(6) The President may terminate the services of
the Chairman or any government employee member
of the Commission at any time. The President

may also terminate the services of any citizen

member for non-fullfillment of his duties.

27

(7) The Chairman or any member may resign his
membership of the Commission by giving notice in
writing to the President and on such resignation
being accepted by the President, he shall cease

to be a member of the Commission.

(8) Vacancy by reason of resignation, death, or
termination shall be filled by the President

appointing a successor for the unexpired term.

(9) The proceedings of the Commission shall not
be invalidated by reason of any vacancy in the
membership of the Commission or any defect in

the appointment of any member.

(10) The National Town and County Planning
Commission shall meet at such times and places
as it deems necessary for the transaction of its
business at such meetings, but at intervals of
not more than three months. The Chairman of

the Commission shall convene within fifteen
days a meeting on request by the Director of

the Directorate of National Town and Country
Planning or by a majority number of the members

of the Commission.

(11) The Chairman or in his absence the Vice-

Chairman if any, or in the absence of the

28

Chairman and of the Vice-Chairman, any member
chosen by the members from amongst themselves,

shall preside at a meeting of the Commission.

(12) The National Town and Country Planning Com-
mission shall adopt its own rules of procedure
and keep minutes of its meetings and actions

which shall be filed as public records.

(13) The Commission may from time to time organize
itself into sub-committees and delegate such of
its functions to the sub-committees as it may

deem necessary. The Chairman of the Commission
may appoint to such sub-committes non-members of
the National Town and Country Planning Commission,
who, because of their expertise are qualified to
serve in such sub-committees. A regular member

of the Commission shall preside at meetings of

such sub-committees as Chairman.

Section 11 DUTIES OF COMMISSION

 

Subject to the provisions of this Act, and the
rules framed thereunder, the National Town and
Country Planning Commission shall perform all
duties, and exercise all such powers as may be
necessary or expedient for the purpose of car-
rying out its functions under this Act, which

include among others the following:

29

(l) Advise the Director of the Directorate of
National Town and Country Planning in matters
relating to planning the development and use

of rural and urban land in the Republic.

(2) Review and evaluate the National Development
Plan or any major parts thereof, including re-
visions and amendments, as prepared by the
Directorate of National Town and Country Plan-
ning, prior to its submission to the President.
The Commission shall submit a written report

(of its evaluations and recommendations to the
President and the Director of the Directorate

of National Town and Country Planning.

(3) Prepare and furnish reports relating to the
working of this Act, and shall submit written
recommendations to the President and the Direc-
tor of the Directorate of National Town and
Country Planning for revisions and amendments

to this Act for the purpose of assuring maximum
effectiveness of planning activities and organi-

zation.

(4) Promote the public interest, awareness,
understanding and participation in the planning

process.

30

(5) Prepare and submit an annual report to the
President and the Director of the Directorate
of National Town and Country Planning, on its

activities and actions.

(6) Perform any other function, which is supple-
mental, incidental or consequential to any of
the functions aforesaid or which may be pre-

scribed by the President.

Section 12 NATIONAL DEVELOPMENT PLAN

The Directorate of National Town and Country
Planning shall prepare, recommend, and regularly
review and from time to time revise, a balanced,
orderly, integrated and comprehensive long-range
general plan for the physical, social and eco-
nomic development of the Republic in order to
promote the health, saftey, morals and general

welfare of the citizens.

Section 13 PURPOSE OF PLAN
(1) To provide the general framework for a co-
ordinated physical, social and economic devel-
opment of the Republic within a unified policy
framework. Such development shall be based on
factual materials, sound data and comprehensive
surveys and studies of physical, social, ec-

onomic and governmental conditions and trends,

31

researches, analyses and realistic projections
of actual factors affecting future growth, for
the purpose of promoting health, safety, morals

and general welfare of the people.

(2) To serve as a general guide for policy
formulation and policy implementation by the
President on matters relating to National Town

and Country Planning.

(3) To serve as a coordinating document for a
nationwide physical development program of

governmental operating departments and agencies.

(4) To serve as a general guideline and basis for

more detailed regional and local plans.

Section 14 CONTENTS OF PLAN
The National Development Plan shall be presented
as a unified document or documents containing
statements in written and graphic forms. The

plan shall consist of, but not be limited to:

(l) A statement of national policies, long and
short-range goals and objectives, standards,
principles sought to be expressed in the plan,
identification of problems including economic
problems, social problems, resource development

problems, national localization, national

32

transportation development, and administrative
problems, and delineation of the Republic's
potentialities regarding the Republic's physical
growth, development and redevelopment, and

socio-economic well being.

(2) Proposals for an orderly, compatible and
harmonious pattern of land use throughout the
Republic. It shall show in a generalized form
the proposed location, extent, distribution,
character and interrelationship of land use at
specified reasonable and predictable periods of
time. The area of the Republic shall be divided
into land use districts designated as urban,
rural, conservation, natural resource development

and public use.

(3) Proposals for an efficient national trans-
portation network. It shall show in a general
outline the proposed location, character, capac-
ity and interrelationship of facilities for the
transportation of goods and people at specified,
reasonable and predictable periods of time.

Such a national transportation proposal shall

be correlated with the land use element.

33

(4) Proposals for the most efficient and de-
sirable major public works and facilities in-
cluding; utilities, flood control works,
irrigation works, national parks and recreation
and major public building locations. It shall
show in a general outline the proposed location,
extent, distribution and interrelationships of
such public facilities at specified, reasonable

and predictable periods of time.

(5) The National Development Plan may include
proposals for such other additional elements
which in the judgement of the Director and
Commission will further serve the purposes of

the plan.

Section 15 ADOPTION OF PLAN

 

(1)Upon the preparation of the National Develop-
ment plan, or any part thereof, or on the pre-
paration of an amendment or revision or addition
to the plan or any part thereof, the Director

of the Directorate of National Town and Country
Planning shall first submit the plan or func-
tional part, amendment, revision, or extension
thereof, or addition thereto, to the National
Town and Country Planning Commission for its

consideration and recommendations. The Director

34

shall evaluate the recommendations of the Com-
mission and may incorporate such recommendations
or parts thereof in the proposed National De-

velopment Plan.

(2) After the preparation of the National
Development Plan, the Director of the Directorate
of National Town and Country Planning shall pub-
lish a public notice of the preparation of the
plan and designate the place or places where
copies of the same may be inspected, inviting
objections in writing from any person with re-
spect to the plan within such period as may be
specified in the notice. Provided, that such
period shall not be less than two months from
the date the notice has been published in the

Official Gazette.

(3) After the expiry of the period mentioned in
sub-section (2), a Committee consisting of the
Director and not more than two members of the
National Town and Country Planning Commission
elected by the Commission, shall consider the
objections filed under sub-section (2) and re-
port to the Directorate of National Town and
Country Planning on these within such time as may

be fixed by the Commission.

35

(4) The Committee so constituted shall have power
to co-opt with any other person whose assistance
and advice it may desire in performing its

functions.

(5) Such Committee shall allow a reasonable

opportunity of being heard, to any person, in-
cluding representatives of governmental depart-
ments, who has filed any objection, and who has

made request for being so heard.

(6) As soon as may be, after the receipt of the
report from the Committee, the Directorate of
National Town and Country Planning shall con-
sider the report and make such amendments in the
National Development Plan as it considers proper
and the Director shall submit the National De-
velopment Plan with or without modifications
together with the written report of the Committee

to the President for final approval.

(7) Upon approval by the President, the plan
shall be filed with the Council of Ministers for
adoption and action. Certified copies of the
plan shall be distributed amongst all national
ministries, departments, agencies and to all
Regional Planning Agencies for their informa-

tion and guidance.

36

Section 16 AMENDMENT OF PLAN

 

At any time after the date on which the National
Development Plan comes into operation, and at
least once every five years after that date, the
plan shall be reviewed and subsequent amendments,
alterations or additions considered necessary by
the Directorate and the Commission shall be
adopted by the same procedure as in the original

adoption.

Section 17 LEGAL EFFECT

 

From and after the adoption of the National
Development Plan, no plan or program for national
public works or development shall be adopted un-
less it is in line with and is pursuant to the
National Development Plan. The Directorate of
National Town and Country Planning shall review
all such plans as they relate to the National
Development Plan, and the Director of the afore-
said Directorate shall inform the appropriate
agency or authority his recommendations in a

written report.

CHAPTER III

REGIONAL PLANNING

Section 18 DECLARATION OF A REGIONAL PLANNING AREA

 

(1) The National Town and Country Planning Com-
mission shall divide the territory of the Republic
of Iraq into functional and workable areas and
designate them as regions. The regions shall

be delineated and identified by name or number.
Such action shall be based on criteria, such as

"Geographical Identity,‘ where natural features
are used for boundaries like river basins,
mountains, or vast deserts; "Cultural Unity,"
where indicators like language, religion, atti-
tudes values, and needs are basic for a common
culture; and "Natural Resources" where the de-
velopment of natural resources, either specialized
like oil or diversified like oil and agricultural
land, requires coordinated effort. Based on such
criteria, the aforesaid regions shall be unified
by common geographic, economic, social and cul-

tural features, to enable them to practice

planning within a circumscribed practical area.

37

38

Such decision shall be made only after receiving
recommendations from the Director of the Direc-

torate of National Town and Country Planning.

(2) The President, thereafter, may, be notifi-
cation declare such areas, as delineated and
identified by the Commission and recommended by
the Director of the Directorate of National Town
and Country Planning, as Regional Planning Areas,
for the purposes of this Act, and on such de-

claration this Act shall apply to such area.

(3) Every such notification shall define the
boundaries and limits of the Regional Planning

Area to which it relates.

(4) The Directorate of National Town and Country
Planning shall review the boundaries and the
planning jurisdiction of each Regional Planning
Area at least once in every five years. A writ-
ten report, concerning the alterations of such
boundaries and planning jurisdictions, shall be
submitted by the Director of the Directorate of
National Town and Country Planning to the National
Town and Country Planning Commission for review
and recommendations. Approval of new boundaries
or jurisdictions shall follow the same procedure

for adoption as in the original.

39

Section 19 CREATION OF REGIONAL PLANNING AGENCY

 

(1) As soon as may be, after declaration of a
Regional Planning Area, the President in con-
sultation with the Director of the Directorate

of National Town and Country Planning and the
National Town and Country Planning Commission,
shall, by notification in the Official Gazette,
constitute for the purposes of the performance

of the functions assigned to it under this Act,
an administrative and technical planning agency
to be called the "Regional Planning Agency" of
that region, having jurisdiction over that region
as declared by the President and as provided in
Section 18, sub-sections (2) and (3) of this Act.
Such Regional Planning Agency shall be a field
administrative and technical unit of the Direc-
torate of National Town and Country Planning and
also serve as the technical staff of the Regional

Planning Board.

(2) Every Regional Planning Agency shall consist
of the following:

(a) a Regional Planning Officer;

(b) a Regional Planning Staff.

40

Section 20 DUTIES OF AGENCY

 

The Regional Planning Agency shall have the power
to do everything which may be necessary or expe-

dient for the purpose of carrying out its duties

under this Act, and such power shall include

the power to:

(1) Prepare, recommend, keep up-to-date, and from
time to time revise, amend, extend or add to a
plan or plans for the overall development of the
region, which plan or plans collectively shall

be called a Regional Plan.

(2) Collect information about the region, which
shall include collecting, compiling, collating,
and processing, such as, mapping and mathemati-
cal processing of all existing data and studies,
in addition to carrying out further surveys and
studies on a continuing basis. It also shall
include recommendations from time to time of
future censuses, other surveys to gather other

information about the region.

(3) Study the human ecology of the region. Pro-
cessed data shall be used to prepare diagrams
and maps to show spatial relationships, past and

present development, and future trends of the

41

development of the basic regional elements:

human beings and natural resources.

(4) Analyze the problems of the region, related
to growth or decline of population, natural re-

sources, relationships between regions and others.

(5) Propose alternative solutions for these

problems.

(6) Seek the cooperation and assistance of the
Directorate of National Town and Country Planning,
and other departments and agencies of national
and local governments, institutions, research
organizations, private persons and organizations,
in the preparation of the regional plan which
shall offer the framework within which develop-
ment projects of national as well as local

importance can find their place.

(7) Establish close working relationships with

the individual local governments and appropriate
agencies for relating the regional plan to their
operations and areas of responsibility and to aid

in the effectuation of the Regional Plan.

(8) Render consultive and technical planning
services to local planning units for the actual
preparation of their comprehensive and detailed

plan, upon their request.

42

(9) Publish and distribute information related
to its activities, plans and other relevant
functions or projects in order to promote public
awareness and understanding of planning objec-
tives and to stimulate public interest and

participation in the planning process.

(10) Perform any other function, which is sup-
plemental, incidental or consequential to any of
the functions aforesaid or which may be pre-

scribed.

Section 21 APPOINTMENT OF REGIONAL PLANNING OFFICER

 

(1) For every Regional Planning Agency, as de-
scribed in Section 19 of this Act, the Director
of the Directorate of National Town and Country
Planning, after consultation with the appropriate
Regional Planning Board, shall recommend to the
President and the Director General of Civil
Service for their approval, a town and country
planner, to be appointed as the Regional Planning
Officer for that region for the purpose of car-
rying out functions assigned to him under this
Act. The Regional Planning Officer shall be the
chief executive and administrative officer and
head of Regional Planning Agency, shall function
under the supervision, and shall be administra-

tively responsible to the Director of the

43

Directorate of National Town and Country Plan-
ning. The Regional Planning Officer shall be an
ex-officio member, secretary, and technical

advisor of the Regional Planning Board.

(2) The Regional Planning Officer shall serve,
hold office and receive a salary, subject to the

provisions of Civil Service Rules and Regulations.

Section 22 DUTIES OF REGIONAL PLANNING OFFICER

 

The Regional Planning Officer shall perform all
duties, exercise all powers and carry out all
functions assigned to him under this Act, which

shall include among others the following:

(1) Assume principle technical and administrative
responsibilities for overall organization and
management of the Regional Planning Agency and

the regional planning program.

(2) Submit his recommendations to the Director
of the Directorate of National Town and Country
Planning, concerning the appointment of those I
officers and employees whose services are neces-

sary for the efficient performance of the Agency.

(3) Represent the Regional Planning Agency at
official meetings and technical or professional

conferences.

44

(4) Submit the Regional Plan or parts thereof to
the Regional Planning Board for review, evalua-
tion and recommendation prior to its submission
to the Director of the Directorate of National
Town and Country Planning. After review by the
Board, the Regional Planning Officer, shall,
thereafter, submit the Regional Plan to the
Director of the Directorate of National Town and
Country Planning for review, approval and in-

corporation into the National Development Plan.

(5) Convey the Regional Plan to local authori-
ties and departments and agencies of national

government operating within the region.

(6) Prepare and submit an annual report to the
Director of the Directorate of National Town
and Country Planning and the Regional Planning
Board, and to furnish such report to the gover-
nors of provinces, mayors of cities, chiefs of
municipalities, and representatives of the

national government within the region.

(7) Perform any other function, which is supple-
mental, incidental or consequential to any of the

functions aforesaid or which may be prescribed.

45

Section 23 APPOINTMENT OF REGIONAL PLANNING STAFF

 

(l) The Regional Planning Staff shall be ap-
pointed by the Director of the Directorate of
National Town and Country Planning, upon recom-
mendation by the Regional Planning Officer and
subject to the approval of the Director General
of Civil Service on the basis of special training,
experience, ability and fitness and in accordance

with Civil Service Rules and Regulations.

(2) Employees of the Regional Planning Agency may
be transferred temporarily to other local govern-
ments, planning agencies and departments in the
region; or employees of such departments, local
governments and planning agencies, may be trans-
ferred temporarily to the Regional Planning
Agency. Such temporary transfer of employees
shall be arranged according to Civil Service Laws

and Regulations.

Section 24 DUTIES OF REGIONAL PLANNING STAFF

 

The Regional Planning Staff, under the direct
control and supervision of the Regional Planning
Officer shall perform all duties, and exercise

all such powers, as may be necessary and expedi-
ent for the purposes of carrying out its functions
under this Act, which shall include among others

the following:

46

(1) Operate the internal activities of the
Regional Planning Agency and perform its adminis-

trative and technical duties and functions.

(2) Prepare, keep up-to-date, review and from
time to time revise, and add to the Regional

Plan.

(3) Prepare studies and researches on matters re-
lated to the Regional Plan and participate in

the development of the regional planning program.

(4) Undertake, assist and encourage the collec-
tion, maintenance, and publication of statistics,
bulletins and monographs on regional planning

and its methodology.

(5) Perform any other function, which is supple-
mental, incidental or consequential to any of
the functions aforesaid or which may be pre-

scribed.

Section 25 CREATION OF REGIONAL PLANNING BOARD

 

(1) For the performance of this Act, after the
declaration of a Regional Planning Area, the
President in consultation with the Director of
the Directorate of National Town and Country
Planning and the National Town and Country

Planning Commission, shall, by notification in

47

the Official Gazette, constitute for the purpose
of carrying out the functions assigned to it
under this Act, an advisory planning body admini-
stratively attached to the Regional Planning
Agency and having jurisdiction over that area to
be called the "Regional Planning Board" of that

area.

(2) The provincial governor, the city mayor and
the chief of municipalities of each province

and Local Planning Area located within the region
shall serve in the Regional Planning Board as

ex-officio members with voting rights.

(3) The Director of the Directorate of National
Town and Country Planning in consultation with
the National Town and Country Planning Commis-
sion, shall recommend to the President additional
members, which number shall be no less than four
nor more than twelve members. The members so
recommended for appointment shall be either as
private citizens living with the region or of-
ficials of the national and local government,
their departments, and agencies operating within
the region. In such appointment, consideration
shall be given to the size and population of the
area and to the urgency and complexity of its

economic, social and physical problems.

48

(4) The President, shall, upon recommendation of
the Director of the Directorate of National Town
and Country Planning, appoint the members of the
Regional Planning Board. The chairman and other
officers of the aforesaid Board shall be elected

from among its members.

(5) The term of office and conditions of services
of the members of the Board; salaries or allow-
ances or both to which they may be entitled shall
be fixed by the Civil Service Laws and Regula-

tions.

(6) The term of office of the citizen members
shall be four years. Although their term may be
expired, the members of the Board shall continue

to serve until their successors are appointed.

(7) The President may terminate the services of
any government employee member of the Board at
any time. The President may also terminate the
services of any citizen member for non-fullfill-

ment of his duties.

(8) Any member may resign his membership of the
Board by giving notice in writing to the Direc-

tor of National Town and Country Planning Agency

49

and on such resignation being accepted by the
President, he shall cease to be a member of the

Board.

(9) Vacancy by reason of resignation, death,
or termination shall be filled by the President

appointing a successor for the unexpired term.

(10) The proceedings of the Board shall not be
invalidated by reason of any vacancy in the mem-
bership of the Board or any defect in the

appointment of any member.

(11) The Regional Planning Board shall meet at
intervals of not more than two months for the
transaction of its business. The Chairman of
the Board shall convene within fifteen days, a
meeting on request by the Regional Planning

Officer or by a majority number of the members.

(12) The Regional Planning Board shall adopt its
own rules of procedure and keep minutes of its
meetings and actions which shall be filed as

public records.

(13) The Board may from time to time organize
itself into sub-committees and delegate such of
its functions to the sub-committees as it may

deem necessary. The Board may appoint to such

50

sub-committee non-members of the Board, who,
because of their expertise, are qualified to
serve in such sub-committees. A regular member
of the Board shall preside at meetings of such

sub-committees as chairman.

Section 26 DUTIES OF REGIONAL PLANNING BOARD

 

The Regional Planning Board shall perform all
duties and exercise all such powers as may be
necessary or expedient for the purposes of car-
rying out its functions under this Act, which

shall include among others the following:

(1) Advise and assist the Regional Planning
Officer in matters related to the planning and

development of the Regional Plan.

(2) Review and evaluate the Regional Plan or any
major parts thereof, including revisions and
amendments, as prepared by the Regional Plan-
ning Agency, prior to its submission to the
Director of the Directorate of National Town and

Country Planning.

(3) Function as a clearinghouse where all dis-
agreements, problems and conflicts in planning

shall be reconciled, along or across municipal,

51

city, or provincial boundary lines within the

region.

(4) Coordinate the activities of governmental
agencies and departments within the region,
directly associated with regional development,

and the Regional Planning Agency.

(5) Become a continual mixed-membership official

resource body to aid the Regional Planning Agency
in implementing regional plans and programs such

as highway and housing construction, and in

pollution control.

(6) Assist in the development of a general work

program for regional planning.

(7) Promote the public interest, awareness, under-
standing and participation in the regional plan-
ning program in all provinces, cities and munici-

palities within the region.

(8) Prepare and submit an annual report to the
Director of the Directorate of National Town and
Country Planning and furnish such report to the
governors of provinces, Local Planning Areas, and
heads of national agencies operating within the

region.

52

(9) Perform any other function, which is supple-
mental, incidental or consequential to any of

the functions aforesaid or may be prescribed.

Section 27 REGIONAL PLAN

 

The Regional Planning Agency shall prepare, main-
tain, and keep up-to-date a balanced, orderly,
integrated and comprehensive long-range general
plan for the physical, social and economic de-

velopment of the region.

Section 28 PURPOSE OF PLAN

 

The Regional Plan shall be developed:

(1) To provide the general framework for a co-
ordinated physical, social and economic develop-
ment of the region, such development plan shall
be based on comprehensive surveys and studies,
researches and analyses of physical, social,
economic and governmental conditions and trends
for the purpose of promoting health, safety,
morals and general welfare of the people, and
shall show the manner and stages of its imple-
mentation, principles for the allocation of
production forces and service facilities, the
shaping of the settlement network, the dis-
tribution of the population and the designation

of areas for definite purposes.

53

(2) To serve and offer a suitable framework for
national town and country planning action and
to provide the opportunity to mobilize human,
natural, and physical resources throughout the

Regional Planning Area.

(3) To serve as a general framework and guide for
more detailed comprehensive plans for local units

of government.

Section 29 CONTENTS OF PLAN

 

The Regional Plan shall be presented as a unified
document or documents containing statements in
written and graphic forms. The plan shall con-

sist of, but not be limited to:

(l) A statement of regional policies, long and
short-range goals and objectives, principles,
standards, priorities sought to be expressed in
the plan, identification of problems including
economic problems, social problems, resource
development problems, natural localization, re-
gional transportation development, and adminis-
trative problems, and delineation of the poten-
tialities of the region, regarding the region's
physical growth and socio-economic well being,

considering both the urban and rural sectors of

54

the region as complementary rather than competing
to maintain a more balanced urban rural relation-
ship. Such statement shall stress that rural
development is required to supply more food for
the increasing ubran population, to replace im-
ported farm products, to supply raw materials for
rapidly increasing industries, to increase the
Republic's exports, and to allow for rural-urban
migration without decreasing farm production; and
that urban development is required to construct
more urban aminities and develop direct productive
activities which are designed to create job

opportunities.

(2) Recommendations for the most desirable and
compatible patterns of rural and urban land use
within the region. It shall show the proposed
location, extent, distribution, character, and
interrelationship of land use at specified,
reasonable and predictable periods of time in
light of the best available information concern-
ing topography, soil, climate and underground
conditions, water courses and bodies of water,
and other natural or environmental factors, as
well as in the light of the best available in-
formation concerning the present and prospective

economic bases of the regional area, trends of

55

industrial, population or other developments, the
habits and standards of the people of the region,
and the relation of land use within the region

to land use in adjoining areas. Such recommenda-
tions shall, insofar as appropriate, indicate
areas for residential use and maximum recommended
densities therein; areas for farming and forestry,
mining and other extractive industries; areas for
manufacturing and industrial uses, with classi-
fication of such areas in accordance with their
compatibility with land use in adjoining areas;
areas for commercial uses; areas for recreational
uses, and for open spaces, and areas of mixed

USES .

(3) Proposals for an efficient regional trans-
portation network. It shall show the proposed
location, character, capacity and interrelation-
ships of facilities for the transportation of
goods and people at specified reasonable and
predictable periods of time. Such regional
transportation proposals shall be correlated
with the land use element and their relationships
with other regional transportation networks
according to the general framework of the Na-
tional Development Plan and consideration should

also be given to the local transportation networks.

56

(4) Proposals for the most efficient and de-
sirable regional public works and facilities.

In the urban sector, they shall include the
construction of urban amenities such as housing,
community services and community facilities, and
in the rural sector, they shall include the con-
struction of village amenities, irrigation and
drainage works. Such proposals shall also in-
clude regional flood control works and regional

parks.

(5) The Regional Plan may include proposals for
such other additional elements concerning current
and impending problems as may affect the region
as a whole which in the judgement of the Re-
gional Planning Officer and the Regional Plan-
ning Board will further serve the purposes of

the plan.

Section 30 ADOPTION OF PLAN
(1) Upon the preparation of the Regional Plan,
or any part thereof, or on the preparation of an
amendment or revision or addition to the plan or
any part thereof, the Regional Planning Officer
shall first submit the plan, or functional part,
amendment, revision or extension thereof, or

addition thereto, to the Regional Planning Board

57

for its consideration and recommendations. The
Regional Planning Officer shall evaluate the
recommendations of the Board and may incorporate
such recommendations or parts thereof in the
proposed Regional Plan. The Regional Planning
Officer shall, thereafter, submit the reviewed

or adjusted proposed Regional Plan to the Director
of the Directorate of National Town and Country
Planning for further review and evaluation in

case it agrees with the National Development

Plan.

(2) As soon as may be, after the Director of the
Directorate of National Town and Country Plan-
ning has reviewed the Regional Plan, the Regional
Planning Officer shall receive back the plan with
a written report and the consent of the Director
to the publication of a public notice. Upon re-
ceipt of such consent the Regional Planning
Officer shall publish a notice in the Official
Gazette and local newspapers, of the preparation
of the Regional Plan and the place or places
where copies of the same may be inspected, in-
viting objections in writing from any person
with respect to the Regional Plan within such
periods as may be specified in the notice.

Provided that such period shall not be less than

58

two months from the date the notice is published

in the Official Gazette.

(3) After the expiry of the period mentioned in
sub-section (2), a Committee considting of the
Regional Planning Officer and not more than two
members of the Regional Planning Board elected

by the Board, shall consider the objections filed
under sub-section (2) and report on them within

such time as may be specified.

(4) The Committee so constituted shall have
power to co-Opt with any other person whose as-
sistance and advise it may desire in performing

its functions.

(5) Such a Committee shall allow a reasonable
opportunity of being heard, to any person, who
has filed any objection, and who has made re-

quest for being so heard.

(6) As soon as may be, after the receipt of the
report from the Committee, the Regional Planning
Agency shall consider the report and make such
amendments in the Regional Plan as it consider
proper, and the Regional Planning Officer shall
submit the Regional Plan with or without modifi-

cations together with the written report of the

59

Committee to the Director of the Directorate of
National Town and Country Planning for final

approval.

(7) The Regional Plan, thereafter, shall be filed
with the Directorate of National Town and Country
Planning. Certified copies of the plan shall be
distributed amongst all national agencies opera-
ting within the region and transmitted to the
governors of provinces and Local Planning Areas
within the region for their information and

guidance.

Section 31 AMENDMENT OF PLAN

 

At any time after the date on which the Regional
Plan comes into operation, and at least once
every five years after that, the plan shall be
reviewed and subsequent amendments, alterations
or additions considered necessary by the Regional
Planning Agency and Board shall follow the same
procedure as in the original preparation and

adoption.

Section 32 LEGAL EFFECT
From and after the adoption of the Regional Plan,
no plan or program for regional development shall
be adopted unless it is in line with and is pur-

suant to the Regional Plan. The Regional Planning

60

Agency shall review all such plans as they re-
late to the Regional Plan, and the Regional
Planning Officer shall inform the appropriate
agency or authority his recommendations in a
written report. To facilitate effective and
harmonious planning of the region, all Local
Planning Authorities shall file with the ap-
propriate Regional Planning Agency, for its
information, all local plans, official maps, or
amendments or revisions of any of them, as well
as copies of their regular and special reports
dealing in whole or in part with planning mat-
ters. All Local Planning Authorities may also
submit proposals for such plans, maps, amendments
or revisions prior to their adoption, in order

to afford an opportunity to the Regional Planning
Officer to study such proposals and to render

his advice thereon.

CHAPTER IV

LOCAL PLANNING

Section 33 DECLARATION OF LOCAL PLANNING AREA

 

(l) The President may by notification declare
areas with an urban core in the Republic to be
a Local Planning Area for the purposes of this
Act, and on such declaration this Act shall
apply to such area. Such declaration shall be
based on the recommendation of the Regional
Planning Officer, and the Director of the
Directorate of National Town and Country Plan-
ning after the preparation of preliminary re-
ports based on investigation and decision to
proceed, in the matter of designating of any
provincial capitals, municipality, town, district
or area or parts or combination thereof, as a
Local Planning area. Provided that no military
cantonment or part of a military cantonment

shall be included in any such area.

61

62

(2) Every such notification shall define the

limits of the area to which it relates.

(3) The President may, after consultation with
the Regional Planning Officer, and the Director
of the Directorate of National Town and Country
Planning amalgamate two or more planning areas
into one Local Planning Area, sub-divide a
Local Planning Area into different Local Plan-
ning Areas, and include such divided areas in

any other Local Planning Area.

(4) When the President amalgamates or divides
Local Planning Areas according to above sub-
sections (1) and (3), he may by notification
direct that all or any of the rules, regulations,
orders, directions or powers made, issued, con—
ferred and in force in any other Local Planning
Area at the time, with such exceptions and
adaptations and modifications as may be con-
sidered necessary by the President, shall apply
to the area declared as, amalgamated with or
included in, a Local Planning Area under this
section and such rules, regulations, bylaws,
orders, directions and powers shall forthwith
apply to such Local Planning Area without further

publication.

63

(5) The President may, by notification withdraw
from the Operation of this Act the whole or
part of any Local Planning Area declared there-
under. When such notification is issued, this
Act and all notifications, rules, regulations,
orders, directions and powers issued, made, or
conferred under this Act, shall cease to apply

to the said area.

Section 34 CREATION OF LOCAL PLANNING AUTHORITY
(1) As soon as may be, after declaration of a
Local Planning Area, the President in consulta-
tion with the Regional Planning Officer, and
the Director of the Directorate of National Town
and Country Planning, shall, by notification in
the Official Gazette, constitute for the purposes
of the performance of the functions assigned to
it, an authority to be called the "Local Planning
Authority" of that area, having jurisdiction
over that area as declared by the President and
as provided in Section 33 of this Act. Such an
Authority shall be a staff organization of the
Local Chief Executive on planning matters and
also serve as the technical staff of the Local

Planning Council.

64

(2) Every Local Planning Authority shall consist
of the following:

(a) a Town Planning Officer;

(b) a Town Planning Staff.

Section 35 DUTIES OF LOCAL PLANNING AUTHORITY
The Local Planning Authority shall perform all
duties, exercise all powers, assume and dis-
charge all responsibilities and carry out and
effect all functions vested by this Act, which

shall include among others the following:

(1) Preparation, review and maintenance of the
local Master Plan including data collection,

mapping and analysis.

(2) Projection, evaluation, goal formulation,

design of policies and plan.

(3) Devising a program for carrying out the

local master plan into effect.

(4) Participation in regional long-range studies

and planning.

(5) Preparation, review and maintenance of
master plans for special areas, neighborhoods,

or communities.

65

(6) Preparation, review and maintenance of area-
wide plans for special functions, in greater
detail than the master plan, such as, but not
limited to, a system of fire stations, or of

off-street parking.

(7) Promotion of public participation in neigh-

borhood of area-wide planning.

(8) Promotion of public education and information
on planning problems, needs, aims, and long-range
proposals, ranging from newsletters and displays
on current programs to staff participation in

civic affairs.

(9) Review and assist in the preparation of a
long-range capital improvements program and an

annual capital budget.

(10) Undertake zoning studies, including periodic
comprehensive revision of the regulations and
map, also recommend amendments to the text of

the regulations and, if so designated, adminis-
ter and enforce such regulations. Such procedure
shall apply to subdivision regulations and mapped

improvement regulations.

66

(ll) Undertake renewal studies, specifically

participating in community renewal program pre-
paration, which shall include but not be limited
to: identification of renewal areas, determina-

tion of development standards and use changes.

(12) Initiating or participating in the framing
of other programs or systems of community action,
whether governmental, civic and private sector,
such as, a comprehensive housing program an
economic development program, or a community

action program related to poverty.

(13) Occasionally, advise and, if so designated,
regulate controls over the architecture of public
and private buildings and design of street

structures.

(14) Seek the cooperation and assistance of other
national and regional departments and agencies,
institutions, research organizations, private
persons and organizations in the preparation of
the master plan which shall offer the framework
within which development projects of local im-

portance can find their place.

(15) Establish close working relationships with

the appropriate agencies and departments for

67

relating the master plan to their operations
and programs and to aid in the effectuation of

the master plan.

Section 36 TRANSFER OF FUNCTION

 

Where a municipality, town, district or area or
parts or combination thereof, has been declared
as a Local Planning Area and is incapable or
unable to establish a Local Planning Authority
due to limited financial and/or technical re-
sources, the Regional Planning Agency shall
assume the duties and powers of the Local

Planning Authority as provided by this Act.

Section 37 APPOINTMENT OF TOWN PLANNING OFFICER

 

(1) For every Local Planning Authority, as
described in Section 34 of this Act, the chief
executive of the Local Planning Area shall
appoint, a town and country planner to be

called the Town Planning Officer of that area
subject to the approval of the Director General
of Civil Service and for the purpose of carrying
out functions assigned to him under this Act ac-
cording to the Civil Service Laws and Regulations.

The Town Planning Officer shall be the chief

68

administrative and technical officer and head of
Local Planning Authority, and shall be adminis—
tratively responsible to the chief executive of
the said area. The Town Planning Officer shall
be an ex—officio member, secretary, and technical
advisor of the Local Planning Council. (See Sec-

tion 41)

(2) The Town Planning Officer shall serve, hold
office, and shall receive a salary subject to

the Civil Service Law.

Section 38 DUTIES OF TOWN PLANNING OFFICER

 

The Town Planning Officer, subject to the super-
vision and direct control of the chief executive
of the Local Planning Area, shall perform all
duties, exercise all powers and carry out all
functions assigned to him under this Act, which

shall include among others the following:

(1) Assume principle administrative and technical
responsibilities for overall organization and
management of the Local Planning Authority and

the local planning program.

(2) Submit his recommendation to the chief execu-
tive of the Local Planning Area, concerning the

appointment of those officers and employees whose

69

services are necessary for the continuous and

efficient performance of the Authority.

(3) Represent the Local Planning Authority at
Official meetings and technical or professional

conferences.

(4) Submit the Master Plan or parts thereof to
the Local Planning Council for review, evaluation
and recommendations prior to its submission to
the chief executive of the Local Planning Area.
After review by the Council, the Town Planning
Officer shall, thereafter, submit the Master Plan

to the chief executive of the Local Planning Area.

(5) Prepare and submit an annual report to the
chief executive and the Local Planning Council

of the Local Planning Area and furnish such re-
port to the Regional Planning Officer and the
Director of the Directorate of National Town and
Country Planning and to all local departments and
national agencies operating within the Local

Planning Area.

(6) Perform any other function, which is supple-
mental, incidental or consequential to any of

the functions aforesaid or may be prescribed.

70

Section 39 APPOINTMENT OF TOWN PLANNING STAFF

(l) The Town Planning Staff shall be appointed
by the chief executive of the Local Planning
Area, upon recommendation by the Town Planning
Officer and subject to the approval of the
Director General of Divil Service on the basis
of special training, experience and ability in
accordance with the Civil Service Rules and

Regulations.

(2) Employees of the Local Planning Authority
may be transferred temporarily to the Regional
Planning Agency, the Directorate of National
Town and Country Planning, other local depart-
ments and national agencies for a specified
period of time for the purpose of special train-
ing and education. Such temporary transfer of
employees shall be arranged according to Civil

Service Laws and Regulations.

Section 40 DUTIES OF TOWN PLANNING STAFF

 

The Town Planning Staff, under the direct con-
trol and supervision of the Town Planning Officer
shall perform all duties, and exercise all such
powers, as may be necessary or expedient for the
purposes of carrying out its functions under this
Act, which shall include among others the follow—

ing:

71

(l) Operate the internal activities of the Local
Planning Authority and perform its administra-

tive and technical duties and functions.

(2) Prepare, keep up-to-date, review and from

time to time revise, and add to the Master Plan.

(3) Prepare studies and researches on matters
related to the Master Plan and participate in the

development of the local planning program.

(4) Undertake the collection, maintenance, and
publication of statistics, bulletings and mono-

graphs on community Planning and its methodology.

(5) Provide technical service to other govern-
mental agencies and private groups operating

within the area.

(6) Administer and enforce land use controls

such as zoning and subdivision regulations.

(7) Perform any other function, which is supple-
mental, incidental or consequential to any of
the functions aforesaid or which may be pre-

scribed.

Section 41 CREATION OF LOCAL PLANNING COUNCIL
(1) After the declaration of a Local Planning

Area, and for the performance of this Act, there

72

shall be an advisory planning body administra-
tively attached to the Local Planning Authority
to be called the "Local Planning Council" of

that area, having jurisdiction over that area.

(2) The number of members of Local Planning
Council shall be no less than four nor more than
nine members and whose composition shall be as
follows:
(a) the heads of national agencies operating
within the Local Planning Area, in addition
to the Town Planning Officer, shall serve
in the Local Planning Council as ex-officio

members with voting rights:

(b) the chief executive of the Local Planning
Area shall select additional members to the
council from citizens living within the area,
to be appointed because of their knowledge
of, experience, training, contributions, or
active interest in planning and concern for
the public welfare, provided that the number
of additional members shall be a majority

of the total membership of the council.

(3) The chairman and other officers of the Local
Planning Council shall be elected from among its

members, provided that the Town Planning

73

Officer shall be designated secretary of the

council.

(4) The term of office and conditions of services
of the members of the Council shall be such as may
be prescribed, and they shall be entitled to
receive such salaries or allowances or both as
may be fixed by the Civil Service Laws and Re-

gulations.

(5) The term of office of the citizen members
shall be four years. Although their terms may
be expired, the members of the Council shall
continue to serve until their successors are

appointed.

(6) The services of any government employee
member of the Local Planning Council may be
terminated by the appointing authority for in-
efficiency, neglect of duty and conflict of
interest according to the Civil Service Laws and
Regulations. The services of the citizen member
may also be terminated for non-fullfillment of

his duties.

(7) Vacancy by reason of resignation, death, or
termination shall be filled by the appropriate
authority appointing a successor for the un-

expired term.

74

(8) The proceedings of the council shall not be
invalidated by reason of any vacancy in the
membership of the council or any defect in the

appointment of any member.

(9) The Local Planning Council shall meet at
intervals of not more than a month for the
transaction of its business. The Chairman of
the Council shall convene within seven days, a
meeting on request by the Town Planning Officer

or by a majority number of the members.

(10) The Local Planning Council shall adopt its
own rules of procedure and keep minutes of its
meetings and actions which shall be filed as

public records.

(11) The Local Planning Council may associate
with itself in such manner and for such purposes
as may be prescribed by rules any person whose
assistance or advice it may desire in perform-

ing any of its functions under this Act.

(12) Any person associated with it by the council
under sub-section (11) for any purpose shall have

a right to take part in the discussions of the

75

council relevant to that purpose but shall not
have a right to vote at a meeting and shall not

be a member for any other purpose.

Section 42 DUTIES OF LOCAL PLANNING COUNCIL

 

The Local Planning Council shall perform all
duties and exercise all such powers as may be
necessary or expedient for the purposes of car-
rying out its functions under this Act, which

shall include among others the following:

(1) Advise and assist the Town Planning Officer
in matters related to the planning and develop-

ment of the Master Plan.

(2) Review and evaluate the Master Plan or any
major parts thereof, including revisions and
amendments, as prepared by the Local Planning
Authority, prior to its submission to the chief
executive, the Regional Planning Officer and the
Director of the Directorate of National Town and

Country Planning.

(3) Coordinate the activities of governmental
agencies and departments within the region, di-
rectly associated with local development, and the

Local Planning Authority.

76

(4) Hear and determine appeals from the decisions
of administrative officers in respect to the
enforcement and application of specific ordin-
ances, regulatory measures, and administrative
rules relative to implementation and effectua-

tion of the Master Plan or parts thereof.

Section 43 INTERIM DEVELOPMENT PLAN, PURPOSE AND CONTENT
(1) As soon as may be, but not later than
one year, after the declaration of a Local
Planning Area, the Local Planning Authority
shall prepare, after consultation with the
Regional Planning Agency, and the local
authorities concerned, and submit to the
Local Planning Council and the chief execu-
tive of the Local Planning Area, a plan
(herein after called the "Interim Development
Plan") for the Local Planning Area or any

of its parts.
(2) The Interim Development Plan shall:

(a) include a broad statement of policies
goals and objectives, principles, standards,
identification of problems and delineation

of the potentialities of the area, regarding

77

the area's physical growth, development and

redevelopment and socio-economic well being;

(b)

indicate broadly the manner in which

the proposals for the uses of land in such

area shall be set;

(C)

(d)

allocate areas or zones of land for use:

(i) for residential, commercial, in-

dustrial and agricultural purposes;

(ii) for public and semi-public open

spaces, parks and playgrounds;

(iii) for such other purposes as the

Local Planning Authority may think fit.
indicate, define and provide:

(1) for existing and proposed national
and regional highways, arterial roads,

ring roads, and major streets;

(ii) the existing and proposed other
lines of communication, including

railways, airports.

(e) include zoning regulations to regulate

within each zone the location, height, number

of stories and size of buildings and other

78

structures, the size of yards, courts and
other open spaces, and the use of buildings,
structures, and land, and the density of

population.

(3) The Interim Development Plan may indicate,

define and provide for:

(a) the existing and proposed public and

semi-public buildings; and

(b) all or any of the purposes and matters
as may be indicated, defined and provided

for in the Master Plan under Section 44.

(4) Subject to provisions of the rules made under
this Act for regulating the form and contents of
the Interim Development Plan any such plan shall
include such maps and such descriptive matters
as may be necessary to explain and illustrate

the proposals in the Interim Development Plan.

(5) Promote the public interest, awareness,
understanding and participation in the local

planning program in the Local Planning Area.

(6) Prepare and submit an annual report to the
chief executive and furnish such report to the

Regional Planning Officer, the Director of the

79

Directorate of National Town and Country Plan-
ning and to all executive officers of local
departments and national agencies operating

within the Local Planning Area.

(7) Perform any other function which is supple-
mental, incidental or consequential to any of

the functions aforesaid or may be prescribed.

Section 44 MASTER PLAN

 

As soon as may be , but not more than three
years, after adOpting an Interm Development
Plan or five years from creation of a Local
Planning Area, each Local Planning Authority
shall prepare, maintain, keep up-to-date and
regularly review a comprehensive long-range
plan for a balanced, orderly and integrated
physical, social and economic development of
the Local Planning Area. This plan shall be

called the Master Plan for that area.

Section 45 PURPOSE OF MASTER PLAN

The Master Plan shall be developed to:

(1) To improve the physical environment of the
community as a setting for human activities--to
make it more functional, beautiful, decent,
healthful, interesting, and efficient for the

purpose of promoting the health, safety, morals,

80

order, convenience, prosperity and general wel-

fare of the community.

(2) To promote the public interest, the interest
of the community at large, rather than the in-
terest of individuals or special groups within

the community.

(3) To facilitate the democratic determination
and implementation of community policies on

physical development.

(4) To effect political and technical coordina-

tion in community development.

(5) To inject long-range considerations into the

determination of short-range actions.

(6) To bring professional and technical knowledge
to bear on the making of political decisions
concerning the physical development of the com-

munity.

(7) To indicate, define and provide for all the
matters that have to be or may be indicated, de-
fined and provided for in the Interim Development
Plan with such modifications as the Local Plan-

ning Authority deems fit.

81

Section 46 CONTENTS OF MASTER PLAN

 

The Master Plan shall be contained in a unified
and published document or documents, which shall
include a large drawing showing the general
physical design proposed for the entire Local
Planning Area, written text, and whatever maps,
illustrations and tables are needed to support
the text. The plan shall consist of, but not be

limited to:

(l) A statement of policies, long and short-range
goals and objectives, principles, standards,
identification of problems and delineation of

the potentialities of the Local Planning Area,
regarding the area's physical growth, development

and redevelopment, and socio-economic well being.

(2) Proposals for a harmonious, compatible and
desirable pattern of land use throughout the
Local Planning Area. It shall show in detail the
proposed location, extent, distribution, char-
acter, and interrelationship of land use at
specified, reasonable and predictable periods of
time. Such proposals shall include comprehensive
land allocation for areas or zones for residen-
tial, commercial, industrial, agricultural, and

other purposes.

82

(3) Proposals for a complete and efficient trans-
portation network. It shall show in detail the
proposed location, character, capacity and in-
terrelationship of facilities for the transporta-
tion of goods and people at specified, reasonable
and predictable periods of time. Such proposals
shall include a complete road and street pattern
and traffic circulation pattern for present and
future requirements, major road and street im-
provements and public transit. The plan which
shall incorporate the said proposals shall be

correlated with the land use plan.

(4) Proposals for the most appropriate and
desirable community facilities and public services
for present and future requirement. Such pro-
posals shall include among others: amenities,
services and utilities, flood control system, a
system of local parks and recreation areas, edu-
cational and cultural facilities, social welfare,

public health and medical facilities and other

public buildings and institutions.

(5) Include zoning regulations to regulate within
each zone, the location, height, number of stories
and size of buildings and other structures, the

size of yards, courts, and other open spaces and

83

the use of buildings, structures and land, and

the density of population.

(6) Indicate the stages by which the plan is

proposed to be carried out.

(7) The Master Plan may include proposals for
such other additional elements which in the
judgement of the Town Planning Officer and Local
Planning Council will further serve the purpose

of the plan.

Section 47 ADOPTION OF MASTER PLAN
(1) Upon the preparation of the Master Plan, or
any part thereof, or on the preparation of an
amendment, revision or addition to the plan or
any part thereof, the Town Planning Officer shall
first submit the plan, or functional part, amend-
ment, revision or extension thereof, or additions
thereto, to the Local Planning Council for its
consideration and recommendations. The Town
Planning Officer shall evaluate the recommendations
of the Council and may incorporate such recommen-
dations or parts thereof in the proposed Master
Plan. The Town Planning Officer shall, thereafter,
submit the reviewed or adjusted proposed Master
Plan to the chief executive, who shall submit the

plan to the Regional Planning Officer and the

84

Director of the Directorate of National Town

and Country Planning, for review and recommenda-
tion as the plan refers to the Regional Plan and
the National Development Plan. The plan, there-
after, shall be transmitted back to the Town
Planning Officer together with a written report.
Any proposals for adjustment on the proposed
Master Plan as recommended by the reviewing
officer may be incorporated by the Town Planning

Officer as he thinks fit.

(2) As soon as may be, after the Master Plan has
been reviewed as provided in sub-section (1), the
Director of the Directorate of National Town and
Country Planning and the Local chief executive
shall give their consent to the publication of a
public notice of the preparation of the plan to
the Local Planning Authority. Thereafter, the
Local Planning Authority shall publish the public
notice in the Official Gazette and in a local
newspaper, of the preparation of the Master Plan
and the place or places where copies of the same
may be inspected, inviting objections in writing
from any person with respect to the Master Plan
within such period as may be specified in the

notice, provided that such period shall not be

85

less than two months from the date the notice is

published in the official Gazette.

(3) After the expiry of the period mentioned in
sub-section (1), a Committee consisting of the
Town Planning Officer and not more than two
members of the Local Planning Council elected
by the Council, shall consider the objections
filed under sub-section (2) and report on them

within such time as may be fixed in this behalf.

(4) The Committee so constituted shall have power
to co-opt any other person, such co-option being
subject to the provision of Section 40, sub-

section (ll), (12).

(5) Such Committee shall allow a reasonable
opportunity of being heard, to any person, in-
cluding representatives of governmental depart-
ments or local authorities, who has filed any
objection, and who has made request for being

so heard.

(6) As soon as may be, after the receipt of the
report from the Committee, the Local Planning
Authority shall consider the report of the Com-
mittee and may make such amendments in the

Master Plan as it considers proper, and shall

86

submit the Master Plan with or without modifica-
tions together with a written report of the
Committee to the Local Planning Council, the
local chief executive, the Regional Planning
Officer and the Director of the Directorate of
National Town and Country Planning for final

approval and adoption.

(7) Upon adoption of the Master Plan, or any
major part thereof, a certified copy of the

plan shall be furnished to the Regional Planning
Agency of the region within which the Local
Planning Area is located and the Directorate of
National Town and Country Planning. Such plans
shall also be furnished to all local departments
and such other area or areas contiguous or ad-

jacent to the said Local Planning Area.

(8) After adoption of the Master Plan, the Interim
Development Plan shall stand modified or altered
to the extent the proposals in the Master Plan

are at variance with the Interim Development

Plan.

Section 48 AMENDMENT OF MASTER PLAN
At any time after the date on which the Master
Plan comes into operation, and at least once

every five years after that, the plan shall be

87

reviewed and subsequent, amendments, alterations
or additions considered necessary by the Local
Planning Authority and Council shall follow the
same procedure as in the original preparation

and adoption.

Section 49 LEGAL EFFECT

 

From and after the adoption of the Master Plan,
no plan or program for local public works or
development and regulatory measures shall be
adopted unless it is in line with and is pursuant
to the Master Plan. -The Local Planning Authority
shall review all such plans and measures as they
relate to the Master Plan, and the Town Planning
Officer shall inform the appropriate agency or
authority his recommendations in a written re-
port. All proposals for local development, major
parts thereof, revisions, amendments and additions
thereto, specific plans and programs, shall be
submitted to the Local Planning Authority for
review and recommendations and conformance with

the Master Plan prior to their adoption.

CHAPTER V

CONTROL OF DEVELOPMENT AND USE OF LAND

Section 50 USE AND DEVELOPMENT OF LAND IN CONFORMITY WITH
MASTER PLAN

 

 

(1) After the adoption of any development plan,
be it a National Development Plan, Regional

Plan or Master Plan, in any area, no person shall
use or be permitted to use any land or carry

out any development in that area which does not

conform to such development plan.

(2) The planning authority, be it the Direc-
torate of National Town and Country Planning,
Regional Planning Agency or Local Planning
Authority, may allow the continuance of the
use, for a specified period, of any land for
the purpose and to the extent, for and to
which it is being used on the date of adoption
of the development plan, upon such terms and
conditions as may be prescribed by the rules

and regulations made in this behalf.

88

89

Section 51 PROHIBITION OF DEVELOPMENT WITHOUT PAYMENT OF
DEVELOPMENT CHARGES AND WITHOUT PERMISSION
(1) After the application of this Act to any
area makes it subject to rules and regulations
relating to the development charge and asses-
sment, no development, institution or change of
use, of any land shall be undertaken or carried

out in that area:

(a) without obtaining a certificate from
the Local Planning Authority certifying
that the development charge as leviable
under the rules and regulations made in
this behalf has been paid or that no such

development charge is leviable;

(b) without obtaining the permission in
writing as provided for hereinafter. Pro-
vided that no such permission shall be
necessary:
(i) for carrying out such works for
the maintenance, improvement or other
alterations of any building, which
affect only the interior of the build-
ing or which do not materially affect

the external appearance of the building.

90

(ii) for the carrying out by any govern-
mental authority of any works required
for the maintenance or improvement of

a highway, road or public street, being
works carried out on land within the
boundaries of such highway, road or

public street;

(iii) for the carrying out by an govern-
mental authority of any works for the
purpose of inspecting, repairing or re-
newing any drains, sewers, mains, pipes,
cables or other apparatus including the
breaking open of any street or other

land for that purpose;

(iv) for the excavations (including wells)
made in the ordinary course of agricul-

tural Operations;

(v) for normal use of land which has been

used temporarily for other purposes.

(2) Any person or body intending to carry out any
development on any land shall make an application
in writing to the Local Planning Authority for
permission in such form and containing such

particulars and accompanied by such documents

91

and plans as may be prescribed by the rules or
the regulations. Provided that in the case of a
governmental authority intending to carry out any
development on any land the concerned authority
shall notify in writing the Local Planning Author-
ity of its intention giving full particulars
thereof and accompanied by such documents and
plans as may be prescribed by rules or regula-
tions, at least one month prior to the undertak-
ing of such development; where a Local Planning
Authority has raised any objection in regard to
such development under sub-section (4), the
governmental authority concerned, shall make the
necessary modifications in the proposals for
development to meet the objections raised by the
Local Planning Authority. In this case the pro-

visions of sub-section (3) shall not apply.

(3) On such application having been duly made, and
on payment of the development charge as may be

assessed by rules and regulations:

(a) The Local Planning Authority may pass an

order:
(i) granting permission unconditionally; or

(ii) granting permission subject to such

conditions as it may think fit; or

92

(iii) refusing permission.

(b) The Local Planning Authority may impose
conditions to the effect that the permission
granted is only for a limited period and
after the expiry of that period, the land
shall be restored to its previous condition
or the use of land permitted shall be dis-

continued.

(4) The Local Planning Authority in dealing with
the applications for permission shall have re-

gard to:

(a) the provisions of the Master Plan, if it

has been adopted officially;

(b) the proposals or provisions which it
thinks are likely to be made in any Master

Plan under preparation; or to be prepared; and

(c) any other material consideration.

(5) When permission is granted subject to con-
ditions or is refused, the grounds of imposing
such conditions or such refusal be recorded in

the order.

(6) Any such order shall be communicated to the

applicant in the matter prescribed by regulations.

93

Section 52 RIGHT TO APPEAL

 

(1) Any applicant aggrieved by an order passed
under Section 51, or if no order is passed, may
appeal, within one month of the communication of
that order to him, or after the expiry of the
aforesaid period of three months, in the manner
and accompanied by such fees as may be prescribed

by the rules, to the Local Planning Council.

(2) The Local Planning Council, after receiving
the appeal, may give a reasonable opportunity to
the appellant and the Local Planning Authority

to be heard.

(3) After hearing the appellant and the Local
Planning Authority concerned the Council may pass
an order dismissing the appeal or accepting the

appeal by:

(a) granting permission unconditionally;

(b) granting permission subject to such con-

ditions as it may think fit;

(c) removing the conditions subject to which
permission has been granted and imposing

other conditions, if any, as it may think fit.

94

(4) The Council may, by a resolution, delegate
any of its functions and powers under this sec-
tion to the Town Planning Officer, in such cases
and subject to such conditions, if any, as may

be specified therein.

Section 53 LAPSE OF PERMISSION

Every permission for any development granted
under this Act shall remain in force for three
years only from the date of such permission;
provided that the Local Planning Authority may,
on application made in this behalf before the
expiry of the aforesaid period, extend such
period, for such time as it may think proper;
but such extended period shall in no case ex-

ceed three additional years.

Section 54 POWER TO STOP UNAUTHORIZED DEVELOPMENT
(1) Where any development of land is being car-
ried out in contravention of any Master Plan,
without obtaining a certificate regarding
development changes under Section 51 (1) (a),
without permission as required under this Act,
or in contravention of any condition subject
to which such permission has been granted, but
has not been completed, the Local Planning

Authority may serve on the owner and the person

95

carrying out the development a notice requiring
the development of land to be discontinued from

the time of the service of such notice.

(2) Any person, who continues to carry out the

development of land, whether for himself or on

behalf of the owner or any other person, after

such notice has been served shall be punishable
as specified in the rules and regulations.

Section 55 POWER TO REQUIRE REMOVAL OF UNAUTHORIZED
DEVELOPMENT

 

 

(1) Where any development of land has been car-
ried out in contravention of any Master Plan,
without obtaining a certificate regarding de-
velopment changes under Section 51 (1) (a),
without permission as required under this Act,
or in contravention of any condition subject to
which such permission has been granted, the Local
Planning Authority may, within two years of such
development, serve on the owner a notice requir-
ing him, within such period, being not less than
one month, as may be specified therein, after
the service of the notice, to take such steps

as may be specified in the notice and, in parti-
cular, any such notice may, for the purpose

aforesaid require:

96

(a) the demolition or alteration of any

building or works;

(b) the carrying out on land, of any building

or other operations; or

(c) the discontinuance of any use of land;
provided that in the case the notice requires
the discontinuance of any use of land, the
Local Planning Authority shall serve a

notice on the occupier also.

(2) Any person aggrieved by such notice may,
within the said period and in the manner pre-

scribed:

(a) apply for permission under Section 51
of this Act for the retention of the land
of any buildings or works or for the continu-
ance of any use of the land, to which the

notice relates; or
(b) appeal to the Council.

(3) On an appeal made to the Council under sub-
section (2), the Town Planning Officer or any
other person appointed by him in this behalf
shall, after allowing a reasonable Opportunity

of being heard to the appellant and the Local

97

Planning Authority concerned, submit his report

to the Council.

(4) After considering the said report, the Council
may dismiss the appeal or accept the appeal by
quashing or varying the notice as it may think
fit.

Section 56 POWER TO REQUIRE REMOVAL OF AUTHORIZED DEVELOP-
MENT OR USE

 

(1) If it appears to a Local Planning Authority
that it is expedient in the interest of the
proper planning of its Local Planning Area and
in the interest of the general welfare of the
people, having regard to the Master Plan pre-
pared or under preparation, or to be prepared,

and to any other material consideration:

(a) that any use of land should be dis-

continued; or

(b) that any conditions should be imposed

on the continuance thereof; or

(c) that any buildings or works should be

altered or removed;

the Local Planning Authority may, by notice

served on the owner:

98

(1) require the discontinuance of that

use; or

(ii) impose such conditions, as may be
specified in the notice, on the continu-

ance thereof; or

(iii) require such steps as may be speci-
fied in the notice to be taken for the
alteration or removal of any building or

works, as the case may be;

within such period, being not less than one
month, as may be specified therein, after the

service of the notice.

(2) Any person agrieved by such notice, may within
the said period, and in the manner prescribed,

follow the provisions of Section 55, sub-sections

(2), (3) and (4).
(3) If any person,

(a) who has suffered damage in consequence
of the compliance with the notice, by the
depreciation of any interest in the land to
which he is entitled or by being disturbed

in his enjoyment of the land, or

99

(b) who has carried out any works in com-

pliance with the notice,

claims, from the Local Planning Authority, within
the time and in the manner prescribed, compensa-
tion in respect, of that damage, or of any ex-
penses reasonably incurred by him for complying
with the notice, the following provisions then

shall apply:

(1) when a claim is received by the
Local Planning Authority, the Town Plan-
ning Officer shall, after giving an
opportunity of being heard to the ap-
plicant, make a report to the Local

Planning Authority.

(ii) The Local Planning Authority shall,
after considering the aforesaid report,
assess the compensation, as may be
prescribed by the rules or the regula-

tions, and offer it to the owner.

(iii) If the owner does not accept the
compensation and given notice, within
such time as may be prescribed, of his
refusal to accept, the Local Planning

Authority shall refer the matter for

100

the adjudication of the court and the
decision of the court shall be final and
be binding on the owner and the Local

Planning Authority.

CHAPTER VI

SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

Section 57 POWER OF ENTRY
(l) The Director of the Directorate of National
Town and Country Planning or any persons duly
authorized by him, any Regional Planning Agency,
any Local Planning Authority, their members and
employees in the performance of their duties and
functions may enter into or upon any land or
building with or without assistants or workmen
for the purpose of:
(a) making any inquiry, inspection, measure-
ment or survey or taking levels of such land

or building;

(b) ascertaining whether any land is being
or has been developed in accordance with
any provision of this Act or rules and reg-

ulations thereunder;

(c) doing any other acts necessary for the

efficient administration of this Act. In

101

102

general, the planning officials shall have
such powers as may be necessary to enable

them to perform their duties; provided that:

(i) no such entry shall be made (unless
with the consent of the occupier thereof)
without giving such occupier at least
twenty-four hours notice in writing of

the intention to enter;

(ii) due regard shall always be had, so
far as may be compatible with the exi-
gencies of the purpose for which the

entry is made, to the social and religious
usages of the occupants of the land or

building entered.

(2) The power of the Director under sub-section
(1) shall extend to the whole of the Republic and
the power of any Regional Planning Officer and
any Town Planning Officer under sub-section (1)
shall extend only to its planning area and such
other which the President may have directed to

be included in Regional or Master Plan.
Section 58 PUBLIC NOTICE HOW TO BE MADE KNOWN

Every public notice given under this Act or rules

or regulations thereunder shall be in writing

103

over the signature of the secretary to any plan-
ning authority or such other officer who may be
authorized in this behalf by any planning author-
ity and shall be widely made known in the locality
to be affected thereby by affixing copies thereof
in conspicuous public places within the said
locality, or by publishing the same by advertise-
ment in the Official Gazette or in the local
newspaper and by such other means which the

secretary to the planning authority thinks fit.

Section 59 NOTICES, ETC., TO FIX REASONABLE TIME
Where any notice, order or other document issued
or made under this Act or any rule or regulation
made thereunder requires anything to be done for
the doing of which no time is fixed in this Act
or rule or regulations thereunder the notice,
order or other document shall specify a reasonable

time for doing the same.

Section 60 KEEPING OF RECORDS
Any planning authority shall keep a record of
its resolutions, transactions, findings, and
determinations, which record shall be a public

record.

104

Section 61 INTERIM PERIOD

 

For the purpose of this Act, the period between
the commencement of this Act and the notification
of a Planning Area shall be considered as an
interim period. Any application for use or de-
velopment of land or building in this period
shall be considered by the appropriate planning
'authority which may grant permission for such use
or development with or without modifications or

refuse it.

Section 62 TRANSITORY PROVISIONS

 

The structural organization of any existing plan-
ning authority, and the existing plans and plan-
ning regulations shall remain in force until they
are superceded by the enactment of this Act or
any part thereof. At such time, any planning
organization, any plan and planning regulation
shall be in accordance with the provisions of

this Act.

Section 63 LAWS REPEALED

 

All acts, executive orders, administrative orders
or parts thereof inconsistent with any provisions
of this Act shall be repealed or modified accord-

ingly.

105

Section 64 POWER OF PRESIDENT TO MAKE RULES AND REGULATIONS

Without prejudice to the generality
going powers, established under the
of this Act, the President may make
reasonable rules and regulations to
the purposes of this Act. Such Act

effective upon its approval.

Section 65 PENALTY

 

of the fore-
provisions
and enforce

effectuate

shall be

Any violation of this Act, the rules and regula-

tions thereunder, shall be declared

demeanor punishable by a fine of $

to be a mis—

, and

 

imprisonment of

 

or both, as

ruled by a judicial court and as provided by law.

SELECTED BIBLIOGRAPHY AND REFERENCES

SELECTED BIBLIOGRAPHY AND REFERENCES

Abrams, Charles. Man's Struggle for Shelter in an Urbaniz-
ing World. Cambridge: The M. I. T. Press, 1964.

 

. Regional Planning in Underdeveloped Areas.
Housing, Building and Planning. No. 12 and 13.
New York: U.N., 1960.

Adams, Doris. Iraq's People and Resources. Berkeley:
University of California Press, 1958.

Alabanza, Joseph M. "A Planning Act for the Republic of
the Philippines." Unpublished MUP thesis, Michi-
gan State University, 1967.

American Institute of Planners, Planning-Policy Committee.
Planning Enabling Legislation. Washington:
American Institute of Planners, 1963.

Assembly of the State of California. The Sub-Committee on
County and Community Planning. A State Office of
Planning for California. California: Assembly
of the State of California, 1955.

Assembly of the State of California. The Sub-Committee on
Planning and Zoning. Regional and Metropolitan
Planning:in California. California: Assembly
of’the State of California, 1957.

Banfield, Edward C. Urban Government: Reader in Politics
and Administration. New York: Free Press off
Glencoe, Inc., 1961.

 

 

Bassett, Edward M. The Master Plan. New York: Russell
Sage Foundation, 1938.

Bassett, Edward M., and others. Model Laws for Planning
Cities, Counties, and States. Harvard City Plan-
ning Studies, Vol. VII. Cambridge: Harvard
University Press, 1935.

106

107

Berger, Morroe., ed. The New Metropolis in the Arab World.
New Delhi: Allied Publishers, 1963.

 

Boskoff, Alvin. The Sociology of Urban Regions. New York:
Meridith Publishing Co., 1962.

 

Boudeville, J. R. Problems of Regional Economic Planning.
Edinburgh University Press, 1965.

 

Chandhuri, Sachin. Centralization and the Alternate Forms
of Decentralization: A Key Issue. India's
Future Plan. (Turner, ed.) Berkeley: University
of California Press, 1961.

Commonwealth of Kentucky. Department of Commerce. Plan-
ning Legislation 1966.

 

Connecticut Development Commission. Progress Toward Re-
gional Plannipg in Connecticut. Hartford, Conn:
Connecticut Development Commission, 1959.

 

 

The Council of State Government. StateJResponsibility in
Upban Regional Development. Chicago: The
Council of State Governments, 1962.

 

Dahir, James. Region Building. New York: Harper and Row,
1955.

Dickinson, R. E. City_Region and Regionalism. London:
Kegan Paul, Trench, Trubner and Co., Ltd., 1947.

Dixon, Robert G. Jr., and Kerstetter, John R. Adjusting
Municipal Boundries: The Law and Practice in
48 States. Chicago: American Municipal Associa-
tion, 1959.

Doxiadis Associates. Basic Foupdation Program. Baghdad:
Development Board, 1957.

Eliott, John E. Economic Systems and National Planning.
Los Angeles: University of Southern California,
1964.

France, Ambassade de, Service de Presse et d'information.
France, Town and Country Environment Planning,
New York, 1965.

Friedmann, John. "Regional Development and Planning:
Introduction." Journal of the American Institute
of Planners, XXX, No. 2 (May 1, 1964), 42-83.

 

108

. "Regional Planning As a Field of Study."
Journal of American Institnte of Planners, XXIX,
No. 3 (August 19637 168-175.

Goodman, William I. and Jerome L. Kaufman. City Planning
in the Sixties, A Restatemenpyof Principles and
Techniques. Urbana, Ill.: Bureau of Community
Planning, University of Illinois, 1965.

 

 

Government of Northern Rhodesia. Town and Country Planning
Ordinance, Chapter 123 of the Laws. 1964 edition.
Lusaka:

 

Green, Philip P., Jr. Cases and Materials on Planning Law
3nd Administration. Chapel Hill: Institute of
Government, University of North Carolina, 1962.

 

 

Gulick, Luther and Pollock, James K. Government Reorganiza-
tion in the United Arab Republic. Cairo: Central
Committee for the ReorganizaEiOn of the Machinery
of Government, 1962.

 

 

Haar, Charles M. Land-Use Planning, A Casebook on the Use,
Misuse and Re-Use of Urban Ennd. Boston and
Toronto: Little Brown and Company, 1959.

 

 

Haar, Charles M. "The Master Plan: An Impermanent Consti-
tution" in Law and Contemporary Problems, xx,
No. 3 (Summer 1955).

 

Harris, George. Iraq, Its People, Its Society, Its Culture.
New Haven: HRAF Press, 1958.

 

Hill, H. A. The Complete Law of Town and Country Planning.
Fourth edition. London: Butterworth and Com-
pany (Publishers) Ltd., 1949.

 

India, National Government. Central Regional and Urban
Planning Organization. Model Town and Country
Planninngct. A mineographed class handout from
Prof. Charles W. Barr, School of Urban Planning
and Landscape Architecture, Michigan State
University, 1966.

 

 

International Bank for Reconstruction and Development.
Economic Development of Irng. Baltimore: John
Hopkins Press, 1952.

 

Iraq Development Board. Amendment (1954-1955) for the
General Program Law for the Development Board
and Ministry of Development. Baghdad: 1956.

109

Iraq, Local Administration for Baghdad Liwa, 1954-55.

. Projects of the Local Administration for
Baghdad Liwa, 1956-57.

. Projects of the Local Administration for
Baghdad Liwa, 1957-58.

Iraq, Ministry of Guidance. Provisional Economic Plan,
’ 1960. Baghdad: 1960.

Iraq, Ministry of Interior. Statistical Abstracts for the
Administrative Divisions in the Republic of Iraq.
Baghdad: 1962.

Iraq, Ministry of Municipalities in its Third Year.
Baghdad: 1961.

Iraq, Minigtry of Municipalities in its Fourth Year.
Baghdad: 1962.

Iraq, Ministry of Planning. Five Years Economic Plan, 1961-
62 to 1965-66. Baghdad: 1961.

 

Kent, T. J., Jr. Tne Urban General Plan. San Francisco:
Chandler Publishing Company, 1964.

Khadduri, Majid. Independent Iraq 1932-1958. A Study in
Iraq, Politics. (2nd ed.). London: University
Press, 1960.

May, Richard Jr. State Responsibilites for Urban Develop-
ment. A Proposed Position Statement at the 1963
Government Relations and Planning Policy Con-
ference, 1963. Washington: A.I.P., 1963.

 

McLean, Mary, ed. Local Planninngdministration. Chicago:
International City Managers1 AssociaiiOn, 1959.

Michigan Chapter, American Institute of Planners. Laws
Relating to Plnnning. Compiled under the super-
vision ofithe Secretary of State, 1959.

National Municipal League. Model State and Regional Plan-
ning Law. New York: National Municipal League,

1955.

Ontario Municipal Board. The Planning Act. Revised Statues
9f Ontario, 1960, Chapter 296. Toronto: Frank
Fogg, Queen's Printer, 1967.

110

People's Republic of Poland. Physical Planning Act. A
mimeographed class handout from Prof. Charles
W. Barr, School of Urban Planning and Landscape
Architecture, Michigan State University, 1966.

Prothin, Andre. French Experience in the Matter of Regional
Development. International Congress on Regional
Economics, Paris, 1958. '

 

State of Hawaii, Department of Planning and Research.
State Planning in Hawaii 1957 to 1963. Honolulu:
Department ofiPIanning and Research, 1963.

Tesdell, Loren. "Iraq Development Board: Structure,
Functions, and Criticisms." The Middle East
Journal, XV, No. 4 (Autumn 1961), 389-402.

The Subcommittee on State Planning. The Governor's Con-
ference. State Planning A Poligy Statement.
Chicago: The Councii of State Government, 1962.

Union of Burma. National Town and Countrnglanning Act
1961. (As Passediby Parliament, March 1961).
A m1meographed class handout from Prof. Charles
W. Barr, School of Urban Planning and Landscape
Architecture, Michigan State University, 1966.

United Nations. Regional Physical Planning and Its Relation
to Economic Planning. New York, 1964.

. Report of the Conference on the Social Aspects
of Develppment Planning in the Arab States, Beiurt,
Lebanon, No. 6-12, 1961. New York, 1962.

. Department of Economic and Social Affairs. Com-
munity Development and National Development. New
York, 1963. »

. Technical Assistance Programme. Administrative
Problems of Rapid Urban Growth in the Arab States.
New York: United Nations, 1964.

 

. Technical Assistance Programme. Decentralization
for National and Local Development. New York:
United Nations, 1962.

U.S. Department of Commerce, The Advisory Committee on City
Planning and Zoning. A Standard City Planning
Enabling Act. Washington: U.S. Government
Printing Office, 1928.

 

111

Walker, Robert A. The Planning Function in Urban Govern-
ment. Chicago: University of Chicago Press,

1950.

 

Warren, E. Kirby. Long Range Planning: The Executive
Viewpoint. Englewood Cliffs: Prentice Hall,

Inc., 1966.

 

Webster, Donald Hopkins. Urban Planning and Municipal
Public Policy. New York: Harper and Bros. 1958

 

FEB 2 51959

 

"'TITI'ITI)I) fl) 1))?” I] ((1)11) 711)?) I)?!“