PHYSICAL PLANNING REPORTS FOR DEVELOPMENT PERMITS IN LAGOS STATE BASED ON 2019 LASPPPA REGULATIONS

1.0 INTRODUCTION

In line with the Lagos State Physical Planning Permit Regulations of 2019 Schedule 2 (professional skills required for preparation of technical reports and drawings), there are four principal planning reports expected on physical development projects for a development permit, these reports are Physical Planning Technical Report (PPTR), Environmental Impact Assessment Report (EIAR), Land Use Planning and Analysis Report (LUPAR) and Traffic Impact Assessment Report (TIAR). These reports are expected to be prepared by a TOPREC registered urban planner. Also, based on the 2019 regulations pursuant to the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019, the expected development in need of these planning reports varied. The relevant provisions and physical development in need of these planning reports are examined below.

2.0 PHYSICAL PLANNING REPORT TYPES

a. Physical Planning Technical Report (PPTR): Section 4 Subsection 7 of the 2019 regulations specified submission of “Two (2) copies of a Physical Planning Technical Report (P.P.T.R) on the PROPOSED DEVELOPMENT”

a1. Physical Planning Audit Report (PPAR): Furthermore, Section 4 Subsection 7 of the 2019 regulation introduced a report for EXISTING DEVELOPMENT named PPAR. It is stated in the regulation that for existing development “Physical Planning Audit Report (P.P.A.R) where the development is existing”. Therefore, in addition to the principal four planning report stated in schedule 5 of the 2019 regulation, there is a report for existing development referred to as PPAR.

b. Environmental Impact Assessment Report (EIAR): Section 4 Subsection 8 of the 2019 regulations specified the submission of “One (1) copy of the Environmental Impact Assessment Report (E.I.A.R)”.

c. Land Use Planning and Analysis Report (LUPAR): Section 4 subsection 2 (iv) of the 2019 regulation required development seeking permit approval to submit a Land Use Planning and Analysis Report (LUPAR) in addition to other documents.

d. Traffic Impact Assessment Report (TIAR): Section 4 subsection 11 of the 2019 regulations indicated and specified submission of “One (1) copy of the Traffic Impact Analysis Report (T.I.A.R)” for a proposed development.

3.0 PHYSICAL PLANNING REPORT FOR SPECIFIC PHYSICAL DEVELOPMENT PERMIT

a. Physical Planning Technical Report (PPTR):

Section 4 subsection 15 (a) of the 2019 regulations specifies planning development required to submit a Physical Planning Technical Report for planning permit to include: (i) a residential land from 1 (one) hectare and above; (ii) a residential development in excess of (eight ) family units; (iii) factory or warehouse building or its expansion, (iv) office or other commercial buildings; (v) places of worship/assembly/conference/event center; (vi) recreational development; (vii) institutional buildings and public buildings (including all government projects); (viii) petrol or gas filling and service stations; (ix) educational institution/facilities or; (x) any development which, in the opinion of the Ministry and the Authority, requires the submission of a Physical Planning Technical Report.

a1. Physical Planning Audit Report (PPAR):

Development requirement for physical planning audit report is subject to the discretion of the ministry and the authority. Section 17 of the 2019 regulations stated “The Ministry and or the Authority may carry out or request Physical Planning Technical Audit Report on any existing development where and when necessary”.

b. Environmental Impact Assessment Report (EIAR):

Section 4 subsection 16 of the 2019 regulations specify development required to submit an environmental impact assessment report to include: (i) oil and gas pipeline depots and installation; (ii) tank farm; (iii) gas storage; (iv) other liquefied petroleum storage; (v) refineries; (vi) large scale industrial development; (vii) roads, rail lines, seaport, and airport development; (viii) large scale educational institutions or facilities such as for Tertiary Institution; (ix) development or production process which may be injurious to the environment; (x) other development which, in the opinion of the Ministry and the Authority, requires the submission of an Environmental Impact Assessment; and (xi) other projects as may be deemed necessary by the Ministry and/or the Authority.

c. Land Use Planning and Analysis Report (LUPAR):

To be submitted with physical development seeking permit approval in addition to other documents.

d. Traffic Impact Assessment Report (TIAR):

Section 4 subsection 16 of the 2019 regulations noted that in addition to an environmental impact assessment report Commercial Centres and Mass Housing Estates development projects requires a Traffic Impact Assessment (T.I.A).

By: Tpl. Adeleke Akinpelu, MINITP, AITD, MNES, MGARP, RTP