An urgent bill pushed by Cabinet last month – the National Spatial Planning And Management (Amendment) Bill 2019 – aims to replace the King’s authority in appointing the ‘Planning Tribunal’ which adjudicates appeals filed by applicants against decisions made by the National Spatial Planning Authority, a body that assesses and approves draft plans of land/development projects.

The bill proposes to amend sections 55, 56 and 65 of the National Spatial Planning and Management Act 2012. In all of the amendments, the words “King in Council” are replaced with “Cabinet”.

According to explanatory notes attached to the ammendment bill, "The principal intention of the amendment is to reflect the replacement of the Judicial Appointments and Discipline Panel by Cabinet in recommending the appointment of members of the Planning Tribunal". 

The National Spatial Planning Authority was established by the 2012 National Spatial and Management Act as a “framework for planning the use, development, management and protection of land in the Kingdom in the public interest and for related purposes”. It assesses and approves draft plans submitted by the Planning and Urban Management Division of the Ministry of Lands, Survey and Natural Resources (referred to as the Agency). According to the 2012 Act, all draft plans must adhere to standards concerning various factors such as the environment, protection of resources and public utilities, fair and orderly development, and public participation in planning.

Decisions made by the Authority can be appealed by a dissatisfied applicant and taken to the Planning Tribunal who can overturn the Authority’s decision. Members of the Tribunal must be approved by the King in accordance to the 2012 Act. The urgent Bill amends this, replacing the King’s authority in appointing members with that of Cabinet.

To read the full document of the National Spatial Planning And Management (Amendment) Bill 2019, click the following link  Bill 2019.pdf [2]. 

To read the full document of the National Spatial Planning And Management Act 2012, click the following link  Act_2012.pdf [3].