The government has said the Tema Metropolitan Assembly has regulatory authority over planning and development within the Tema Metropolis, ending a dispute with TDC Ghana Ltd over their respective powers.
A letter from the Office of the President directs TDC to comply with TMA on development control, spatial planning, building permits, municipal services, rates and fees.
The Presidency also said TDC’s status as a commercial property developer does not give it municipal or regulatory authority.
The decision follows a public disagreement between the two institutions over who has the final say on development in Tema.
What the law says
The Local Governance Act says a District Assembly is the highest political authority in its district and gives it responsibility for overall development and human settlements.
The Land Use and Spatial Planning Act also requires a person undertaking physical development to obtain a permit from the District Assembly in whose jurisdiction the land is located.
Those provisions support the government’s position that TMA controls the regulatory process within the metropolis.
TDC still retains its role as a developer. In August, the company said its mandate to plan, lay out and develop the Tema area remained intact and was separate from TMA’s municipal functions.
The Presidency has not removed that commercial role. It has instead said TDC must operate within the planning and permitting system administered by the Assembly.
What still needs to be settled
The ministries responsible for local government and for works and housing have been directed to develop an operating framework for TMA and TDC.
The framework is expected to cover permits, infrastructure coordination, revenue obligations, information sharing and dispute resolution.
That means the broad division of authority is now clearer, but some of the day-to-day arrangements between the two institutions still have to be agreed.