TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT) ORDER

(under sections 10 and 13)

(11th July, 1980)

ARRANGEMENT OF PARAGRAPHS

S.I. 98, 1980.

PARAGRAPH

1. Citation and application

2. Interpretation
3. Grant of planning permission
4. Restriction on grant of planning permission under paragraph 3
5. Grant of planning permission in case of emergency
6. Applications for planning permission
7. Consideration and determination of applications
8. Power of Minister to give directions restricting grant of planning permission
9. Communication of decisions of Board or responsible authority
10. Signification of grant of planning permission
11. Copies of application form, etc. in respect of successful application for planning
permission to be kept at development site
12. Procedure on refusal of planning permission by Board
13. General provisions governing notices of appeal to Minister
14. Appeals to Minister against Board's refusal of planning permission
15. Appeals to Minister against conditions attached to planning permission
16. Period of validity of planning permission granted by Minister Board, etc.
17. Notice of reference of applications for planning permission to Minister
18. Board's register of applications for planning permission
19. Responsible authority's register of applications for planning permission
20. Service
21. Fees
22. Temporary provisions pending operation of development plan

First Schedule - Classes of Development which may be Carried out without

Recourse to Board or Responsible Authority
Second Schedule - Fees

1. Citation and application

This Order may be cited as the Town and Country Planning (General Development)
Order, and shall apply to every planning area from the appointed day in respect of that area.

2. Interpretation
In this Order, unless the context otherwise requires-

"aerodrome" means any area of land or water designed, equipped, set apart or
commonly used for affording facilities for the landing and departing of aircraft;

"the development control code" means the code making provision for matters

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mentioned in the Second Schedule to the Act incorporated in the relevant development plan;

"industrial process" means any process carried out in the course of trade or business
for or incidental to any of the following purposes-

(a) the making of any article or part thereof;

(b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing, canning,
adapting for sale, breaking up or demolition of any article; or

(c) the getting, dressing or treatment of minerals,

and for the purpose of this definition "article" means an article of any description, including a
ship or other vessel;

"industrial undertakers" means undertakers by whom an industrial process is carried

on;

"large scale development" means a development which involves-

(a) more than 20 dwelling units;

(b) a commercial enterprise of more than 500m2 of floor area;

(c) an industrial development of more than 1000m2 of floor area; or

(d) a single use of land greater than 10 ha;

"local authority" includes a land board;

"painting" includes any application of colour;

"the planning area" means any planning area to which this Order applies by virtue of
paragraph 1;

"planning permission" means the permission required under Part IV of the Act for any
development of land carried out in a planning area;

"private way" means a road or footpath which is not maintained at the public expense;

"the proposed development" means, in respect of any application for planning

permission, the development for which permission is thereby sought;

"the responsible authority" means the authority to which the functions of Board to grant
or refuse planning permission in respect of the planning area or the part in question of the
planning area have been transferred by the Minister under section 22(1) of the Act, whatever
the conditions, limitations or reservations subject to which that transfer may have been
effected.

3. Grant of planning permission

Subject to paragraph 4, any development of any class specified in the first column of the
First Schedule may be carried out without planning permission:

Provided that-

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 (i) in the case of any class of development so specified, the right to carry out such
development shall be subject to the conditions and limitations (if any) specified in
the corresponding entry or entries in the second column of the First Schedule; and

(ii) such right shall not extend to any development which would be contrary to any
condition subject to which planning permission has been granted otherwise than
under this paragraph.

4. Restriction on grant of planning permission under paragraph 3

Where the Minister is satisfied that it is expedient that development of any class specified
in the First Schedule or development of any kind within such a class ought not to be carried
out in the planning area or in any part thereof without the permission of the Board or of the
responsible authority, he may, by order published in the Gazette, provide that the right to
carry out any development under paragraph 3 shall not extend to development of that class
or to development of that kind in the planning area or in that part of the planning area, as the
case may be:

Provided that the Minister shall not make such an order in respect of development of any
class specified in Group VII of the First Schedule or in respect of development of any kind
within such a class unless he has first consulted the Minister for the time being responsible
for mines on the terms thereof.

5. Grant of planning permission in case of emergency

Any development may be carried out if failure to carry out such development is likely to
result in loss of human life, serious physical harm to any person or serious damage to
property.

6. Applications for planning permission

(1) Every application for planning permission shall be lodged with the Board unless there
is a responsible authority for the planning area or for the part of the planning area in which
the proposed development is to be carried out in which case the application shall be lodged
with the responsible authority.

(2) Every application for planning permission shall-

(a) be made in such form as shall be made available for that purpose at the principal
office of the Board or of the responsible authority, as the case may be; and

(b) be accompanied by a plan sufficient to identify the land to which the application
relates and by such plans and drawings as may be necessary properly and clearly
to describe the proposed development together with such number of copies of the
application form and of the plans and drawings as the Board or the responsible
authority may from time to time require.

(3) Where an application for planning permission is made on the basis that the proposed
development is not in conformity with the relevant development plan (including the
development control code), the application shall be accompanied, in addition to the
documents required by subparagraph (2)(b), by a written statement setting out the precise
manner in which the proposed development differs therefrom and the reasons why, in the
applicant's opinion, planning permission ought nevertheless to be granted.

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 (4) Where an application for planning permission is lodged with the Board or with the
responsible authority in accordance with this paragraph, the Board or the responsible
authority, as the case may be, shall cause to be served forthwith on the applicant written
confirmation that the application has been so lodged.

7. Consideration and determination of applications

(1) For the purpose of considering or determining an application for planning permission,
the Board or the responsible authority, as the case may be, may, by written directions
served on the applicant, require him-

(a) to provide such further information and submit such further plans and drawings in
relation to the application as the Board or the responsible authority may think it
necessary to have; and

(b) to produce to an officer of the Board or of the responsible authority such evidence
as the Board or the responsible authority may reasonably call for in order to verify
any information, plan or drawing provided or submitted under this subparagraph.

(2) For the purpose of considering or determining an application for planning permission
the Board or the responsible authority, as the case may be, shall-

(a) determine and take into account whether the proposed development is or is not in
conformity with the relevant development plan (including the development control
code); and

(b) where it determines that the proposed development is in conformity with the
relevant development plan (including the development control code), further
determine whether the applicant is or is not entitled to carry out such development
under paragraph 3.

(3) If, at the expiry of the period of seven weeks (or of such extended period for which
provision has been made under subparagraph (4)) immediately after an application for
planning permission has been lodged with the Board or referred to it by the responsible
authority, the Board has failed-

(a) to give notice to the applicant of its decision; or

(b) to give notice to him that the application has been referred to the Minister in
accordance with directions given by him under section 14 of the Act,

permission for the proposed development shall be deemed, for the purposes of the Act, to
have been refused by the Board and notification of the Board's decision shall be deemed, for
the purposes of the Act, to have been received by the applicant at the expiration of the
aforesaid period of seven weeks (or of such extended period for which provision has been
made under subparagraph (4)) and section 15(1) of the Act shall apply accordingly.

(4) The period of seven weeks prescribed by subparagraph (3) may be extended or
further extended by such period-

(a) as the Minister may in writing direct, on application being made to him by the Board
for this purpose; or

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 (b) as the applicant may, in writing addressed to the Board, agree to.

(5) Where the period of seven weeks prescribed by subparagraph (3) is extended or
further extended by the Minister under subparagraph (4)(a), the Secretary of the Board shall
forthwith serve written notice on the applicant of the extension or further extension, as the
case may be.

(6) The responsible authority shall, within five weeks (or within such extended period for
which provision has been made under subparagraph (7)) immediately after an application for
planning permission has been lodged with it, grant permission for the proposed development
or refer the application to the Board under or in accordance with subparagraph (8):

Provided that this subparagraph shall not apply where the application has been referred
to the Minister in accordance with directions given by him under section 14 of the Act.

(7) The period of five weeks prescribed by subparagraph (6) may be extended or further
extended by such period as the applicant may, in writing addressed to the Board, agree to.

(8) Where an application for planning permission has been lodged with the responsible
authority, the responsible authority may, for any reason, refer the application to the Board for
the Board to determine the same:

Provided that the responsible authority shall so refer the application to the Board-

(i) where the application is made on the basis that the proposed development is not in
conformity with the relevant development plan (including the development control
code);

(ii) where, although the application is not made on that basis, the responsible authority
is nevertheless of the opinion that the proposed development is not in conformity
with the relevant development plan (including the development control code);

(iii) where the proposed development is a large scale development; or

(iv) where the responsible authority is of the opinion, for any reason, that permission for
the proposed development ought to be refused.

(9) No application for planning permission shall be referred to the Board under or in
accordance with subparagraph (8) unless the responsible authority has fully considered the
application in accordance with this paragraph.

(10) Where an application for planning permission is referred to the Board under or in
accordance with subparagraph (8), the responsible authority shall transmit to the Board-

(a) such number of copies of the application form and of all other documents submitted
to the responsible authority in connection with the application as the Board may
from time to time require;

(b) all such information or evidence as may have been provided or produced to the
responsible authority in connection with the application; and

(c) a written statement setting out-

(i) the opinion of the responsible authority in respect of the application, and

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 (ii) where it is of the opinion that planning permission ought to be granted, the
conditions (if any) subject to which, in its opinion, that permission ought to be
granted.

(11) The responsible authority shall cause to be served forthwith on the applicant a copy
of every written statement transmitted to the Board in accordance with subparagraph (10(c)
together with written notice of the date of the next meeting of the Board.

(12) Notwithstanding paragraph 6(1), where, in the case of an application for planning
permission lodged with the responsible authority, the responsible authority contravenes
subparagraph (6) by failing to grant permission for the proposed development or to refer the
application to the Board within the period of five weeks therein prescribed (or within such
extended period for which provision has been made under subparagraph (7)), an application
for planning permission may be lodged directly with the Board.

8. Power of Minister to give directions restricting grant of planning permission

(1) Where the Minister is of the opinion that any development for which permission has
been granted by the Board or by the responsible authority has seriously prejudiced or is
likely so to prejudice the objectives of the relevant development plan (including the
development control code), whether that development is viewed alone or together with any
other such development, he may give directions restricting the power of the Board or of the
responsible authority to grant planning permission for such development or for development
of such class as may be specified in the directions.

(2) Where any directions are given by the Minister under this paragraph, the Board or the
responsible authority, as the case may be, shall comply with those directions.

9. Communication of decisions of Board or responsible authority

(1) The decision of the Board in respect of every application for planning permission
referred to it by the responsible authority under or in accordance with paragraph 7(8) or
lodged with the Board under paragraph 7(12) shall be communicated forthwith to the
responsible authority (in addition to being communicated to the Minister in accordance with
section 11(3) of the Act) and every such communication (whether to the Minister or to the
responsible authority) shall-

(a) where planning permission is granted by the decision, be in the form of a written
statement setting out-

(i) the applicant's full name and postal address;

(ii) the date on which the application was referred to or lodged with the Board;

(iii) the plot number or such other information sufficient to identify the land for the
development of which permission has been granted;

(iv) brief particulars of the development for which permission was sought and of the
development for which permission has been granted including the conditions (if
any) subject to which permission has been granted,

(v) the date on which permission has been granted, and

(vi) the reference number given by the Board to the application and, where it is
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 known to the Board, the reference number given by the responsible authority to
the application or, where the application was lodged with the Board under
paragraph 7(12), to the corresponding application originally lodged with the
responsible authority; or

(b) where planning permission is refused by the decision, consist of a copy of the
application form together with a copy of the written statement, setting out the
reasons for the refusal, served on the applicant in accordance with paragraph
12(a).

(2) Every decision of the responsible authority granting planning permission shall be
communicated forthwith to the Board (in addition to being communicated to the Minister in
accordance with section 11(3) of the Act) and every such communication (whether to the
Minister or to the Board) shall be in the form of a written statement setting out-

(a) the applicant's full name and postal address;

(b) the date on which the application in question was lodged with the responsible
authority;

(c) the plot number or such other information sufficient to identify the land for the
development of which permission has been granted;

(d) brief particulars of the development for which permission was sought and of the
development for which permission has been granted including the conditions (if
any) subject to which permission has been granted;

(e) the date on which permission has been granted; and

(f) the reference number given by the responsible authority to the application in
question.

10. Signification of grant of planning permission

(1) Where planning permission is granted by the Board or by the responsible authority,
the grant of permission shall be signified by the Secretary of the Board or the member or
officer of the responsible authority authorized in that behalf by the authority (in this
paragraph referred to as "the authorized person"), as the case may be, date stamping and
signing such number of copies of the application form and of the plans and drawings
submitted under this Order in relation to the application as the Minister may from time to time
specify.

(2) Where planning permission is granted by the Minister, he shall direct the Secretary of
the Board to signify the grant of permission in the manner prescribed by subparagraph (1)
and the Secretary shall forthwith comply with that direction.

(3) Where planning permission is granted by the Minister or by the Board or the
responsible authority subject to conditions, no copy of the application form shall be date
stamped and signed in accordance with this paragraph unless each of those conditions is
clearly set out in the copy or in another document securely annexed thereto, which last
document the Secretary of the Board or the authorized person, as the case may be, shall
also date stamp and sign.

(4) At least one copy of every document date stamped and signed in accordance with this
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paragraph shall be served by the person so date stamping and signing it on the applicant.

11. Copies of application form, etc., in respect of successful application for

planning permission to be kept at development site

(1) Where planning permission is granted by the Minister or by the Board or the
responsible authority, the applicant shall ensure, subject to paragraph 15(1), that at least
one copy of every document date stamped and signed in accordance with paragraph 10 is
kept at the site of the development in question.

(2) The person having custody of the copies kept at the site of the development in
accordance with subparagraph (1) shall immediately produce those copies for inspection by
any member or officer of the Board or of the responsible authority on being required to do so
at any reasonable time by such member or officer.

12. Procedure on refusal of planning permission by Board

Where planning permission is refused by the Board, the Secretary of the Board shall
forthwith serve a copy of the application form on the applicant together with-

(a) a written statement, signed by the Secretary, setting out the reasons for the refusal;
and

(b) a written statement informing the applicant of his right of appeal under section 15 of
the Act against the Board's decision and setting out the procedure for appeals.

13. General provisions governing notices of appeal to Minister

Every notice of appeal to the Minister under section 15 of the Act against a refusal by the
Board to grant planning permission or against any condition subject to which planning
permission has been granted by the Board or the responsible authority shall be in writing
and shall be served on the Minister together with the prescribed fee.

14. Appeals to Minister against Board's refusal of planning permission

(1) Every notice of appeal to the Minister against a refusal by the Board to grant planning
permission shall include-

(a) the appellant's full name and postal address;

(b) the date on which the application for planning permission was referred to or lodged
with the Board;

(c) the date on which planning permission has or is deemed to have been refused by
the Board;

(d) the plot number or such other information sufficient to identify the land for the
development of which permission has or is deemed to have been refused by the
Board;

(e) brief particulars of the development for which permission has or is deemed to have
been refused by the Board; and

(f) the reference number given to the application for planning permission by the Board.

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 (2) Where the Minister allows an appeal against a refusal by the Board to grant planning
permission-

(a) planning permission shall be deemed, for the purposes of paragraphs 10 and 11, to
have been granted by the Minister; and

(b) where the appeal was in respect of an application for planning permission referred
to the Board by the responsible authority under or in accordance with paragraph
7(8) or lodged with the Board under paragraph 7(12), the Minister shall direct the
Secretary of the Board to communicate the Minister's decision to the responsible
authority and the Secretary shall forthwith comply with that direction.

(3) Every communication such as is referred to in subparagraph (2)(b) shall contain the
particulars prescribed by paragraph 9(1)(a) and, in addition, the reference number given to
the appeal by the Minister.

15. Appeals to Minister against conditions attached to planning permission

(1) Every notice of appeal to the Minister against any condition subject to which planning
permission has been granted by the Board or the responsible authority shall be
accompanied by every copy in the appellant's possession of the application form and of any
other document annexed thereto, date stamped and signed in accordance with paragraph
10, and shall include-

(a) the appellant's full name and postal address;

(b) the date on which the application for planning permission was referred to or lodged
with the Board or, where the application was neither referred to nor lodged with the
Board, the date on which it was lodged with the responsible authority;

(c) the date on which planning permission has been granted;

(d) the plot number or such other information sufficient to identify the land for the
development of which permission has been granted;

(e) brief particulars of the development for which permission has been granted; and

(f) the reference number given to the application for planning permission by the Board
or, where the application was neither referred to nor lodged with the Board, the
reference number given to it by the responsible authority.

(2) Where the Minister allows an appeal against any condition subject to which planning
permission has been granted by the Board, he shall-

(a) transmit a certified true copy of his decision to the Secretary of the Board together
with every copy of the application form and of any other document annexed thereto,
date stamped and signed in accordance with paragraph 10, that accompanied the
notice of appeal; and

(b) where the appeal arose out of an application for planning permission referred to the
Board by the responsible authority under or in accordance with paragraph 7(8) or
lodged with the Board under paragraph 7(12), transmit a certified true copy of his
decision to the responsible authority.

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 (3) On receipt of the certified true copy of the Minister's decision transmitted to him in
accordance with subparagraph (2)(a), the Secretary of the Board shall alter every copy of
the application form and of any other document annexed thereto, date stamped and signed
in accordance with paragraph 10, to bring the conditions set out therein into conformity with
the Minister's decision.

(4) Where the Minister allows an appeal against any condition subject to which planning
permission has been granted by the responsible authority, he shall-

(a) transmit a certified true copy of his decision to the responsible authority together
with every copy of the application form and of any other document annexed thereto,
date stamped and signed in accordance with paragraph 10, that accompanied the
notice of appeal; and

(b) transmit a certified true copy of his decision to the Secretary of the Board.

(5) On receipt by the responsible authority of the certified true copy of the Minister's
decision transmitted to the authority in accordance with subparagraph (4)(a), the member or
officer of the responsible authority authorized in that behalf by the authority (in this
paragraph referred to as "the authorized person") shall alter every copy of the application
form and of any other document annexed thereto, date stamped and signed in accordance
with paragraph 10, to bring the conditions set out therein into conformity with the Minister's
decision.

(6) Where the Secretary of the Board or the authorized person alters any document in
accordance with subparagraph (3) or (5), he shall make thereon or securely annex thereto
his written certificate to the effect that he has altered the document to bring it into conformity
with the Minister's decision on appeal and shall date stamp and sign the certificate.

(7) Having performed the duties imposed on him by subparagraph (3) or (5) and by
subparagraph (6), the Secretary of the Board or the authorized person, as the case may be,
shall forthwith return to the appellant every copy of the application form and of any other
document annexed thereto, signed and date stamped in accordance with paragraph 10, that
accompanied the notice of appeal.

16. Period of validity of planning permission granted by Minister, Board, etc.

(1) Planning permission granted by the Minister or by the Board or the responsible
authority shall be deemed, for the purposes of the Act, to be granted subject to the condition
that the development for which that permission is so granted shall be completed within two
years immediately after the date stamped on the relevant documents in accordance with
paragraph 10.

(2) Any person to whom planning permission has been granted may at any time lodge a
written application with the person or body by whom that permission was granted for the
period of two years prescribed by subparagraph (1) to be extended or further extended.

(3) Every application under this paragraph shall-

(a) contain sufficient particulars to enable the original application for planning
permission and any earlier application or applications under this paragraph to be
readily identified; and

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 (b) set out the reasons why the application is being made.

(4) The Minister or the Board or the responsible authority shall consider every application
lodged with him or it under this paragraph and may, by order in writing, extend or further
extend the period of two years prescribed by subparagraph (1) for such period as he or it
may think fit:

Provided that, where there is a responsible authority for the planning area or for the part
of the planning area in which the development in question is being or is to be carried out, no
such order shall be made by the Minister or by the Board unless he or it has first consulted
the responsible authority.

17. Notice of reference of applications for planning permission to Minister

(1) Where the Minister gives directions to the Board or the responsible authority under
section 14 of the Act requiring that any application for planning permission lodged with or
referred to the Board or lodged with the responsible authority shall be referred to him, the
Board or the responsible authority, as the case may be, shall, within two weeks immediately
after receipt of the directions, cause to be served on the applicant written notice of the terms
of the directions and of the reasons (if any) given by the Minister for giving the directions.

(2) Every notice under this paragraph shall include a statement-

(a) that the application has been or will be referred to the Minister in accordance with
his directions; and

(b) that the Minister will, if the applicant so desires, afford him or his representative an
opportunity of appearing before and being heard by a person appointed by the
Minister for that purpose.

18. Board's register of applications for planning permission

(1) The register required to be kept by the Board under section 13(2) of the Act (in this
paragraph referred to as "the Board's register") shall be kept in two parts at the principal
office of the Board in accordance with this paragraph.

(2) The first part of the Board's register shall be in respect of applications for planning
permission lodged with the Board or referred to the Board by the responsible authority under
or in accordance with paragraph 7(8) and shall be kept by retaining, for at least seven years,
a copy of every application form together with a copy of every plan and drawing submitted or
transmitted to the Board under this Order in connection with every such application.

(3) The second part of the Board's register shall contain-

(a) in respect of every application for planning permission lodged with the Board or
referred to the Board by the responsible authority under or in accordance with
paragraph 7(8), the following information-

(i) particulars of the application, including the applicant's full name and postal
address, the date of the application and brief particulars of the development in
question; and

(ii) particulars of any decision or directions made or given under the Act or this
Order in respect of the application, including any such decision or directions
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 made or given on appeal or on a reference under section 14 of the Act; and

(b) in respect of every application for planning permission in respect of which a

responsible authority has granted planning permission, the written statement by
which the relevant decision of the responsible authority was communicated to the
Board in accordance with paragraph 9(2).

(4) The Board's register shall include an index so that any entry in the register may be
readily traced and that index shall be on the basis of geographic location and application
reference number.

(5) Every entry required to be made in the Board's register shall be made forthwith.

19. Responsible authority's register of applications for planning permission

(1) The register required to be kept by the responsible authority under section 13(2) of the
Act (read with section 22(2) of the Act) (in this paragraph referred to as "the responsible
authority's register") shall be kept in two parts at the principal office of the responsible
authority in accordance with this paragraph.

(2) The first part of the responsible authority's register shall be in respect of applications
for planning permission in respect of which the responsible authority has granted planning
permission and shall be kept by retaining, for at least seven years, a copy of every
application form together with a copy of every plan and drawing submitted to the responsible
authority under this Order in connection with every such application.

(3) The second part of the responsible authority's register shall contain in respect of every
application lodged with the responsible authority or with the Board under paragraph 7(12),
the following information-

(a) particulars of the application, including the applicant's full name and postal address,
the date of the application and brief particulars of the development in question; and

(b) particulars of any decision or directions made or given under the Act or this Order in
respect of the application, including any such decision or directions made or given
on appeal or on a reference under section 14 of the Act or under paragraph 7(8).

(4) Paragraph 18(4) and (5) shall apply to the responsible authority's register as if every
reference therein to the Board's register were a reference to the responsible authority's
register.

20. Service

(1) Where any notice or other document is required to be served on any person by this
order, the service may be effected-

(a) by personal service;

(b) by post;

(c) by leaving it for him with some person apparently over the age of 16 years at his
usual or last known place of abode or business; or

(d) in the case of a corporate body or an association of persons, whether incorporated

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 or not, by delivering it to the chairman, a director or the secretary or clerk of the
body or association at the registered office or principal office in Botswana of the
body or association or by serving it by post on such chairman, director, secretary or
clerk at such office.

(2) Service on any person by post of any notice or other document shall be deemed, for
the purposes of this Order-

(a) to be effected by properly addressing to that person's last known private or

business postal address, prepaying and posting, by registered mail, a letter
containing the notice or other document; and

(b) to have been effected at the time at which the letter would be delivered in the
ordinary course of post.

21. Fees

Fees shall be payable under this Order as provided by the Second Schedule.

22. Temporary provisions pending operation of development plan

(1) During any period before a development plan has become operative in respect of the
planning area or relating to any part thereof, the Minister may from time to time issue written
guide-lines in respect of the planning area or that part of the planning area.

(2) Any written guide-lines issued by the Minister under this paragraph shall remain in
force, unless earlier revoked, until a development plan in respect of the planning area or
relating to the part of the planning area in question becomes operative.

(3) Where any written guide-lines issued by the Minister under this paragraph are in force
in respect of the planning area or any part thereof, every reference in this Order to the
relevant development plan shall, as regards the planning area or that part of the planning
area, be deemed, for the purposes of this Order, to be a reference to those guide-lines.

FIRST SCHEDULE
CLASSES OF DEVELOPMENT WHICH MAY BE CARRIED OUT WITHOUT RECOURSE
TO BOARD OR RESPONSIBLE AUTHORITY
(paras. 3, 4)

Classes of development which may be Conditions and limitations subject to which

carried out under paragraph 3 development may be carried out under
paragraph 3

Group I
CLASSES OF DEVELOPMENT RELATING TO DWELLING-HOUSES

1. The carrying out of works for the (a) The cubic content of the dwelling-house
maintenance or for the enlargement, (as ascertained by external measurement)
improvement or other alteration of a shall not thereby be increased by more
dwelling-house or for the erection, where than 50m3 or one tenth, whichever is the
l d i t f t 3

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none already exists, of a separate garage greater, subject to a maximum of 100m3.
within the curtilage of a dwelling-house.

(b) The height of the dwelling-house shall not

thereby be increased or exceeded.

(c) No part of the dwelling-house or of any

garage shall thereby project beyond the
forward most part of any wall of the
dwelling-house which, immediately before
the works are carried out, fronts on a
highway.

2. The carrying out of works for the (a) The area of ground covered by buildings
erection, construction or placing or the (other than by the dwelling-house itself)
maintenance or the enlargement, within the curtilage shall not thereby
improvement or other alteration, within the exceed one tenth of the total area of the
curtilage of a dwelling-house, of any building curtilage excluding the ground area of the
(other than a human dwelling or garage) or dwelling-house.
enclosure required for a purpose incidental to
the enjoyment of the dwelling-house as such (b) The height of any such building shall not
(including the keeping of poultry, bees, pet or shall not thereby exceed, in the case of
animals or birds and the growing of fruits, a building with a ridge roof, 4 m or, in the
flowers or vegetables). case of any other building, 3 m.

(c) No part of any such building or enclosure

shall or shall thereby project beyond the
forward most part of any wall of the
dwelling-house which fronts on a highway.

3. The construction, within the curtilage of a

dwelling-house, of a hard standing for
vehicles for a purpose incidental to the
enjoyment of the dwelling-house as such.

Copyright Government of Botswana

 Group II
CLASSES OF DEVELOPMENT CONSISTING OF SUNDRY MINOR OPERATIONS

1. The carrying out of works for the (a) Such works shall not include works for the
erection or construction or the maintenance provision of a new access or the alteration
or the improvement or other alteration of any of an existing access from any adjacent
gate, fence, wall or other means of highway.
enclosure.
(b) The height of any such means of
enclosure shall not or shall not thereby
exceed 1,25 m.

2. The painting of the exterior of any Such painting shall not be for the purpose
building or other works of advertisement, announcement or direction.

Group III
CLASSES OF DEVELOPMENT RELATING TO BUILDINGS, ETC. OR USES
TEMPORARILY NEEDED

1. The carrying out of works for the (a) The principal operation shall be one for
erection, construction or placing on land in, which planning permission has been
on, over or under which any operation is granted or is not required.
being or is about to be carried out or on land
adjacent to such land of any building, works, (b) Every such building, works, plant or
plant or machinery temporarily needed in machinery shall be removed forthwith
connection with the operation. upon the completion of the principal
operation and, where the same are sited
on such adjacent land, that land shall
thereupon be rehabilitated.

2. The making of a material change in the

use of land for not more than 28 days in
aggregate in any one year and the erection
or placing of movable structures on the land
for the purpose of the temporary use.

Group IV
CLASSES OF DEVELOPMENT RELATING TO THE USE OF LAND FOR
AGRICULTURAL PURPOSES

1. The carrying out of building or No part of any building (other than a movable
engineering operations for agricultural structure) or works erected, constructed or
purposes within an area allocated for use for otherwise effected in the carrying out of such
such purposes by the relevant development operations shall be within 35 m of the centre
plan. line of a public road.

Copyright Government of Botswana

 2. The working and winning, on land held No part of any excavation made for the
or occupied with land used for agricultural purpose of working or winning any such
purposes within an area allocated for use for mineral shall be within 35 m of the centre line
such purposes by the relevant development of any public road.
plan, of any mineral required for the purposes
of that use including-

(a) the fertilisation of the land so used; and

(b) the maintenance or the improvement or

other alteration of buildings or works
which are occupied or used for the
purposes of that use.

Group V
CLASSES OF DEVELOPMENT RELATING TO THE USE OF LAND FOR FORESTRY
PURPOSES

The carrying out of building and other No part of any building (other than a
operations for forestry purposes (including movable structure) or works erected,
afforestation) within an area allocated for use constructed or otherwise effected in the
for such purposes by the relevant carrying out of such operations shall be
development plan and the construction, within 35 m of the centre line of a public road.
maintenance or alteration of private ways
within such an area.

Group VI
CLASSES OF DEVELOPMENT RELATING TO THE USE OF LAND FOR INDUSTRIAL
PURPOSES

The carrying out of works of the following The height of any plant or machinery or
descriptions, by an industrial undertaker structures or erections of the nature of plant
within an area allocated for use for the or machinery installed or erected by way of
carrying out of any industrial process by the replacement shall not exceed that of the plant
relevant development plan, for the purposes or machinery or structures or erections of the
of such process- nature of plant or machinery thereby replaced

(a) the installation or erection, by way of

addition or replacement, of plant or
machinery or structures or erections of the
nature of plant or machinery;

(b) the provision, rearrangement or

replacement of private ways, private
railways (including railway sidings) or
conveyors; or

(c) the provision or rearrangement of sewers,

mains, pipes, cables or other apparatus.

Copyright Government of Botswana

 Group VII
CLASSES OF DEVELOPMENT RELATING TO THE USE OF LAND FOR MINING
PURPOSES

1. The carrying out of works or the making The works or change in use shall be
of a material change in the use of any carried out or made in accordance with the
building or other land, by the holder of a lease and with the Mines and Minerals Act.
mining lease or restricted mining lease, within
an area allocated for use for mining purposes
by the relevant development plan, which
works or change in use are directly
necessary for winning the mineral to which
the lease relates.

2. The carrying out of works, by the holder (a) The works or change in use shall be
of a mining lease, within an area allocated for carried out or made in accordance with
use for mining purposes by the relevant the lease and with the Mines and Minerals
development plan, for the erection, Act.
construction or placing or the maintenance or
the enlargement, improvement or other (b) No such works or change in use shall be
alteration of any- carried out or made unless the Minister for
the time being responsible for town and
country planning has been consulted
during the planning stage of the relevant
feasibility report approved by the Minister
for the time being responsible for mines.

Copyright Government of Botswana

 (a) training school;

(b) railway;

(c) power station;

(d) transformer station;

(e) power line;

(f) fuel storage depot;

(g) fuel storage tank;

(h) tailings pond;

(i) drainage ditch;

(j) sewerage treatment plant;

(k) cess pool;

(l) tank;

(m) reservoir;

(n) sawmill;

(o) concrete block plant;

(p) concrete mixing plant;

(q) fence; or

(r) sign,

not directly related to townsite development

for the benefit of the community at large, or
the making of a material change in the use of
any such thing, by the holder of such a lease,
within such an area.

Group VIII
CLASSES OF DEVELOPMENT RELATING TO UNADOPTED STREETS OR PRIVATE
WAYS

The carrying out of works for the The works shall be carried out within the
maintenance of an unadopted street or boundaries of the street or way in question.
private way.

Group IX
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED BY LOCAL
AUTHORITIES

Copyright Government of Botswana

 AUTHORITIES

The carrying out of works for the erection, The works shall be carried out in
construction or placing or the maintenance or accordance with any written law applicable
the improvement or other alteration by a local thereto.
authority of-

(a) such small ancillary buildings,

works or equipment as are
reasonably required on land
belonging to or occupied or
maintained by the local authority for
the purpose of performing on that
land any function vested in the local
authority; or

(b) lamp standards, information kiosks,

passenger shelters and kiosks,
telephone boxes, fire alarms, public
drinking fountains, refuse bins or
baskets, barriers for the control and
safety of persons awaiting to enter
public service vehicles, and such
similar structures or works as are
reasonably required in connection
with the operation of any public
service administered by the local
authority.

Copyright Government of Botswana

 Group X
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY ROAD
AUTHORITIES

The carrying out by a road authority of works (a) The works shall be carried out in
required for or incidental to the maintenance accordance with any written law
or improvement of an existing road. applicable thereto.

(b) The works shall be carried out within the

boundaries of the road reserve of the road
in question.

Group XI
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY
DRAINAGE AUTHORITIES

The carrying out by a drainage authority, in, The works shall be carried out in accordance
on or under any existing watercourse or with any written law applicable thereto.
drainage works, of works required for or
incidental to the maintenance or
improvement of such watercourse or
drainage works.

Group XII
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY
SEWERAGE AUTHORITIES

The carrying out by a sewerage authority of (a) The works shall be carried out in
works required for or incidental to the accordance with any written law
maintenance or improvement of an existing applicable thereto.
sewer.
(b) The works shall not involve any change
above ground level other than a
temporary change.

Group XIII
CLASSES OF DEVELOPMENT RELATING TO THE USE OF LAND BY RAILWAY
AUTHORITIES

Development by a railway authority of (a) The development shall be in accordance

operational land of the authority required for with any written law applicable thereto.
or incidental to the movement of traffic by rail.
(b) The development shall not include the
carrying out of works for the erection,
construction or placing of any residential
building, office or workshop unless the
same is wholly situated within the
Copyright Government of Botswana
 same is wholly situated within the
perimeter of an existing railway station.

(c) The development shall not involve or

result in the obstruction of the view of any
person using a road used by vehicular
traffic in such a way as to endanger or be
likely to endanger any person or property.

Group XIV
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY
ELECTRICITY AUTHORITIES

The carrying out by an electricity authority The works shall be carried out in
of works required for or incidental to the accordance with any written law applicable
maintenance or improvement of existing thereto.
electricity distribution lines including the
installation of new service lines to individual
consumers from an existing distribution line.

Group XV
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY WATER
AUTHORITIES

The carrying out by a water authority of The works shall be carried out in
works required for or incidental to the accordance with any written law applicable
maintenance or improvement of existing thereto.
water mains, water distribution pipes,
services and all associated waterworks
fittings (including hydrants, valves and
associated surface boxes, valve marker
posts, etc.) required to supply water to
consumers within a waterworks area
including the installation of new service pipes
from an existing distribution pipe.

Group XVI
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY FIRE
AUTHORITIES

The carrying out of works by a fire

authority required for or incidental to the
installation or maintenance of fire hydrants.

Group XVII
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS CARRIED OUT BY

Copyright Government of Botswana

 POSTAL AUTHORITIES

1. The carrying out by a postal authority, The works shall be carried out in
in performance of its functions as such, of accordance with any written law applicable
works for the erection, construction or placing thereto.
or the maintenance or the improvement or
other alteration of-

(a) public telephone boxes, posting

boxes or selfservice postal
machines; or

(b) telegraphic service lines for

individual subscribers in the
exercise of a servitude or other
right.

2. The making by a postal authority, in (a) The change in use shall not be made
performance of its functions as such, of a except in a case of emergency.
material change in the use of any land by the
stationing and operation of movable (b) The changed use shall not continue for
apparatus required for the replacement of more than six months.
telephone exchanges, telephone repeat
(c) At the expiry of the said period of six
stations, radio stations generators which
months or at the conclusion of the
have become unservicable.
changed use, whichever is earlier, the
apparatus shall forthwith be removed and
the land rehabilitated.

Group XVIII
CLASSES OF DEVELOPMENT RELATING TO OPERATIONS FOR SOIL
INVESTIGATION

The carrying out of works for the sinking Six months immediately after the
of a borehole to ascertain the nature of the commencement of the works or at the
subsoil or for the installation or erection of completion of the purpose for which the
plant or machinery or structures or erections borehole was sunk, whichever is the earlier,
of the nature of plant or machinery the plant or machinery or structures or
reasonably required in connection therewith. erections of the nature of plant or machinery
shall forthwith be removed and the land
rehabilitated.

Group XIX
CLASSES OF DEVELOPMENT RELATING TO AERODROMES

Development of land within the perimeter of (a) The development shall be in accordance
an existing aerodrome for such maintenance with any written law applicable thereto.
or improvement of the aerodrome as is
required for or incidental to the movement of (b) The development shall not include the
traffic by aircraft. carrying out of works for the erection,
construction or placing of any residential
Copyright Government of Botswana
 construction or placing of any residential
building, office or workshop.

Copyright Government of Botswana

CLASSES OF DEVELOPMENT RELATING TO CHANGES IN THE USES OF BUILDINGS
OR OTHER LAND

Any change in the use of any buildings or

other land whereby such use remains wholly
within any one of the following classes of
use-

Class A

Use as a single-family dwelling.

Class B

Use as a home for old people, children's

hospital, sanitarium, nursing home or school
for the handicapped.

Class C

Use as a mental hospital, mental

sanitarium, prison or house of correction.

Class D

Use as a boarding house, guest house,

residential club or hotel providing sleeping
accommodation.

Class E

Use as the residential section of a school

or college.

Class F

Use as an office, including a bank or

building society office open to the public but
excluding a post office.

Class G

Use as buildings in which light industrial

processes are carried on which, if carried on
in a residential area , would not result in loss
of amenity to that area through noise, smoke,
rubbish, odours, light, shadow, gases or
temperature changes.

Class H

Use as general industrial buildings or a

factory, such use not falling within Class G.

Class I

Copyright Government of Botswana

Use in a manner reasonably regarded as
injurious to visual or other amenities,
including use for any of the following
purposes-

(a) smelting or reduction of ores,

minerals or concentrates;

(b) forging or casting of iron or other

metals;

(c) recovery of metal from scrap;

(d) brick burning or crushing of stone;

(e) chemical processes such as the

manufacture of paint or varnish;

(f) noxious industries, including those

for the processing of animal
products.

Class J

Use as a shop, other than a change to

use as a take-away cooked food shop, bottle
store, butchery, motor vehicle showroom or
petrol filling station.

Class K

Use of buildings as a place of public

worship or religious instruction or for the
social or recreational activities of the religious
body using the buildings.

Class L

Use as buildings providing a service to the

community, including a school, clinic or day
care centre.

Class M

Use of buildings as a museum, library or

hall generally used by the public.

Class N

Use of buildings as a theatre, cinema,

dance hall, discotheque or bar or other
licensed premises.

Class O

Use as a stadium, reviewing stand or

amusement park.

Copyright Government of Botswana

amusement park.

Class P

Use of buildings as a wholesale

warehouse or repository of any kind.

SECOND SCHEDULE
FEES

(para. 21)

1. Where an application is lodged with the Board or the responsible authority under
paragraph 6 of this Order for permission-

(a) to erect, construct or place or to enlarge, improve or otherwise alter any building
(other than a building in or intended for residential use situated within a self-help
(site and service) housing area); or

(b) to make any material change in the use of any building, there shall be lodged,
together with the application, a fee calculated on the basis of the aggregate area of
all the floors of the building, measured inside the enclosing external walls of the
building, in accordance with the following scale-

Aggregate floor area Fee

not exceeding 150m2

exceeding 150m2 but not exceeding 500m2 P 8,00

exceeding 500m2 but not exceeding 2000m2 P16,00

exceeding 2000m2 P32,00

2. For the issue by the Board or by the responsible authority of maps and other documents
relating to the control of development, such minor fees shall be payable as the Board or the
responsible authority with the approval of the Board, as the case may be, may determine.

3. For removing doubts, it is hereby declared that, where an application is lodged directly
with the Board under paragraph 7(12) of this Order, no fee shall be payable in addition to the
fee (if any) lodged together with the corresponding application originally lodged with the
responsible authority.

TOWN AND COUNTRY PLANNING (TRANSFER OF PLANNING FUNCTIONS) ORDER

(under section 22(1))

(1st August, 1980)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH
Copyright Government of Botswana