1 Introduction

During the colonial era, British influence replaced traditional or customary control over land ownership in Ghana. After the state gained independence, the territory's Governor took ownership of the lands that had previously been under the English crown (Obeng-Odoom, 2016). Chiefs and Tindaanas have historically been important to various regimes, including those that came after independence. Both customary and statutory management methods are currently in place in land governance. As per neo-liberal reforms that advocate for land privatization and the establishment of land markets, communal land ownership has transitioned into a system of land tenure. The Lands Commission serves as a citizen representative and oversees both vested and public lands on behalf of the government. Additionally, the Lands Commission provides guidance to the government (Imam, 2015).

The Lands Commission Act of 2008 (ACT 767) and Article 258 of the 1992 Constitution of Ghana established the legal entity known as the Lands Commission. It possesses a common insignia, perpetual existence, and the power to initiate and receive legal proceedings in its official capacity. Act 767 has significantly modified the efficacy and output of the Lands Commission to align with the Public Sector Reform Programmes and the Land Administration Project. The Lands Commission's divisions are as follows: survey and mapping, land valuation, land registration, and public and vested land, as specified in the Act.

Planning has emerged due to evolutionary processes that have influenced nature, contextual factors that have an effect on planning, and the development of multiple levels of planning. These developments and innovations are not restricted to Ghana or Africa alone; they are global in scope. In the European Union, planning has become an increasingly vital function over the last two decades. According to Needham (2005), the implementation of planning concepts occurred in 2004 when a planning act was enacted in Britain, replacing previous physical planning restrictions in Dutch and British laws. Spatial planning comprises various endeavours pertaining to the strategic arrangement and advancement of urban regions, in addition to town and country planning, urban planning, and regional and city planning (Taylor, 2010). It is hypothesised that the various attributes associated with these terms originated from the nomenclature employed by authors (Taylor, 2010).

The journals "Town and Country Planning," "Urban Land Use Planning," "Urban and Regional Planning," and "Environmental Planning" use a unified planning approach and address interconnected subjects (Keeble, 1952; Chapin and Hightower, 1965; McLoughlin, 1969; Hall, 1974). An established and widely recognised concept is the act of planning is an established and well-known concept. Researchers commonly employ various synonymous terms, such as spatial planning, urban planning, physical planning, land use planning, regional planning, and town and country planning, to define this concept.

Many nations governance systems depend heavily on land development and planning. Fundamental to the development and execution of government programmes, these systems support the achievement of a logical and well-structured collection of activities (Owens & Cowell, 2002). Planning, according to many scholars, is essential to ensuring equitable economic benefits distribution throughout the various regions of a state and to encouraging sustainable development.

The definition, extent, and goal of planning are regulated by the governing laws. The planning process operates within a number of limitations that are modifiable when these laws are amended. The peculiarities of any nation, such as the effect of changing economic paths inside it, affect regulatory reform (Adarkwa, 2012). Global dynamics are important for regulatory changes; examples of these are the Millennium Development Goals (MDGs) and Sustainable Development Goals (SDGs) implementation (Acheampong, 2018; Chigudu & Chirisa, 2020; Korah et al., 2017).

To improve current and future planning strategies, it is critical to have a comprehensive understanding of past events and laws related to land development and planning, as well as how they have influenced the physical expansion of areas. This analysis will be valuable for addressing planning and land-related concerns in Ghana, a country that has undergone substantial changes in regulatory frameworks over time, similar to other nations. The planning and land law systems in Ghana have been critically examined by Yeaboah (Yeboah, 2003) and Owusu (2008), who both noted their shortcomings and inefficiency in achieving their goals. When Ghana adopted a thorough national development framework with spatial orientations, it advanced far above other African countries (UN-Habitat, 2014).

By analysing its historical background and important issues, academics tried to clarify Ghana's planning and land development laws. To enhance current and future planning strategies, it is essential to possess a comprehensive understanding of the past history of land development and planning laws, as well as their impact on spatial development. This analysis will be valuable for addressing planning and land-related matters in Ghana, a country that, like others, has experienced substantial modifications in regulatory frameworks over time. Ghana has complex and many-faceted land development and planning laws. The successful use of sustainable development solutions depends critically on the thorough and multidimensional treatment of these problems. This paper looks at, using a review of a few chosen sources, how Ghanaian land development and planning laws are seen to be complex, how hard it is to put plans into practice, and how these things might affect next land development and planning projects. With reference to the land development and planning laws in Ghana, this article attempts to offer a historical overview from the 1990s colonial era to the present.

2 Methodology

The methodological approach is based on a thorough examination of historical information and seeks to tackle the objectives and concerns raised by the study. According to Fink (2019), a historical review is a systematic and recurring process that involves locating, evaluating, and summarising a collection of academic and research works. In comparison, these investigations can encompass a far wider range of issues. There is a pressing need for a comprehensive and systematic approach to land development and planning law. Conducting a historical review process will be crucial in addressing this demand, as the existing research in this field is fragmented and inconsistent. To achieve this objective, the article outlines the events that took place in the 1990s, during which a number of writers documented the inception and implementation of planning and land laws for Ghana's expansion. However, achieving a thorough understanding of these laws is difficult, and the existing information on this subject is dispersed and lacks coherence. Examining the planning and land development laws could provide a fresh perspective on comprehending and navigating Ghana's intricate legal framework. This paper aims to offer a thorough historical analysis of specific sources, shedding light on how unsustainable development methods have shaped Ghana's planning and land development laws. It is established that current land development and planning laws have evolved throughout time, even though further study is required in the literature.

The acknowledgment, inclusion, and compliance of planning and land development laws to different development plans—regardless of their implementation status—is the next step. The planning began in the 1990s, employing planning concepts to support Ghana's growth, as described by several authors (see Dickson, 1968; Adarkwa, 2012; Baffour Awuah and Hammond, 2014; Acheampong & Ibrahim, 2016). The literature meticulously examined secondary sources of information such as publications, articles, books, laws, magazines, and reports extensively cover Ghana's land development and planning laws. We analysed the National Development Planning Act of 1994 (Act 480), the Local Government Act of 1993 (Act 462), the National Development Planning Commission Act of 1994 (Act 479), and the Local Government Act of 2016 (Act 936). We also scrutinized the Town and Country Planning Ordinance, 1945, CAP 84.

The study aimed to determine the motivations behind the enactment of each piece of laws and their contributions to future planning and land development in Ghana, and any shortcomings that resulted in their eventual abolition or repeal. However, gaining a thorough understanding of these laws is challenging, and the available resources on this topic are scattered and lack coherence. An examination of the planning and land development laws could provide a fresh perspective on comprehending and managing the complexity of Ghana's legal system. This paper attempts to provide a comprehensive historical analysis of specific sources to elucidate Ghana's planning and land development laws, which have been a consequence of unsustainable development practices.

3 Colonia Era

In Ghana, there were institutions controlling land and its use even before the country became independent. While there was informal and varied land governance before colonisation, customary systems dominated the capture of land and its aftermath. In the past, societal norms acknowledged that acts of conquest, inheritance, and discovery established land ownership and utilisation (Sarfo-Mensah, 2001). Typically, groups within a community, family, or tribe, involved in the process of exploration and conquering, shared land ownership. The property was granted to the chief or priest in order to preserve tranquilly in its administration.

Chiefs or the priest or priestess of the land gathered and kept in trust the rights of a freeholder over the land. This happened because land was not treated as a commodity, as it encompassed history, the current situation, and future prospects. Following conquests or exploration of new territories, the main method of obtaining land, whether through the mother's or father's side, was to trace one's ancestry back to a shared forebear (Joireman, 2008; Kasanga and Kotey, 2001). Prior to colonialism, land trustees allocated land in a manner that demonstrated high regard and avoided any unnecessary acts of unfairness (Selase et al., 2015). When it came to land allocation, the chiefs and priestesses in the communities were reluctant to engage in any form of unfair treatment. They believed that the ancestors would respond severely to anyone who attempted to exploit others in matters related to land (Selase et al., 2015).

Individuals who are not native to a particular area but have received social or political endorsement from a community can easily obtain land through this approach to transferring land rights (Selase et al., 2015). This method linked properties to usufruct rights, inferior to freehold rights, which remained with the initial occupant and their descendants as long as they obeyed the landowner's commands. Ghana's current land and development laws reflect the influence of the common customary land tenure systems established during the colonial era (Selase et al., 2015). The Native Jurisdiction Ordinances (1878–1930) introduced a Western liberal utilitarian approach to land administration, replacing the traditional jurisdiction and thereby diminishing its strength. The 1927 Land and Native Acts Rights Ordinance is a clear and explicit piece of laws. It stated that all assets in the protectorate of Northern Ghana were considered public property and were owned by the colonial authority (Lund, 2006). The legal duality of Ghana's land governance system, encompassing both traditional and British laws, originated during the Rawlings period in 2009.

Population growth, agricultural revolution, and colonization-led adoption of secular laws in Ghana resulted in the commodification of land in certain regions (Selase et al., 2015). This event challenged the prevailing notion that land was not a tradable asset by introducing the concept of unrestricted sale. In 1970, groups of unrelated individuals united to purchase land from a vendor chief for the purpose of commercial agriculture, a phenomenon known as "company land" (Bruce et al., 1998).

Ghana has made changes to its land title ownership system. Gyasi (1994) provides three additional methods for acquiring property: (a) leasing for a fee for a period of 25–50 years; (b) a combination of leasing and sharecropping; and (c) pure sharecropping. Within the pure sharecropping category, there are three distinct layouts: abunan (1:3 ratio), where the landlord owns one quarter and the tenant owns three quarters; abusa (1:2 ratio), where the landlord owns one-third and the tenant owns two-thirds; and abunu (1:1 ratio), where the land owner owns one half and the farmer (tenant) owns the other (Selase et al., 2015).

The land governance system in Ghana is currently facing a complex situation due to the impact of historical land acquisition during colonisation and the subsequent increase in population. Currently, those who are vulnerable face limitations in terms of their ability to own and access land, despite being members of a specific group. This is due to the fact that individuals who are less affluent, particularly rural women, have inherited a system that imposes restrictions on their rights and their ability to get productive land. The open woodlands, which serve as a crucial supply of water, fuel wood, and food, have either become dry or disappeared (Nyantakyi, 2006).

The incorporation of European planning ideals during the colonial era had a significant influence on modernist planning systems throughout Africa, particularly in Ghana. The present-day nation of Ghana, once known as the Gold Coast, was under British colonial rule from 1844 to 1957, until the peak of the political independence movement. On the Gold Coast, the British had the primary goal of utilizing the region's natural resources to further the industrial revolution. However, several significant events in the latter half of the twentieth century marked the beginning of spatial planning in Ghana. Gordon Guggisberg's 10-year Development Plan (9 October 1919 to 24 April 1927) and Alan Burns' 4-year Development Plan (29 June 1942 to 2 August 1947) aimed to enhance infrastructure and deliver social services, reflecting the British influence on the Gold Coast. The primary goals of these schemes were to build hydropower projects, rejuvenate areas through housing development plans, and provide public amenities such as water, sanitation, schools, and hospitals.

Known for their wealth of resources and extensive use of social services like hospitals and schools, the southern regions of the nation saw a significant distribution of infrastructure projects carried out under these programmes. The previously mentioned developments include the Takoradi Harbour, the country's pre-existing southern railway lines, Ghana's vast 5340 km highway network, which is still being built and restored, and the start of operations in the diamond mines in the south-east and south-west. These initiatives, as their geographic distribution suggests, were undertaken with the intention of improving the fundamental infrastructure needed to enable resource extraction on the Gold Coast. But their overt geographic representation and emphasis on creating physical infrastructure made them fundamentally spatial in character, representing the first attempts at spatial planning in Ghana.

The history of spatial planning in Ghana can be succinctly described by delineating four distinct eras characterized by significant events. The study examines the initial historical period prior to 1945, when Britain held administrative authority over the Gold Coast. The adoption of the Town and Country Planning Ordinance (CAP 84) in 1945 marks a significant milestone in the advancement of spatial planning and warrants proper recognition. The above listed laws create the required legal foundation for the important cities and towns inside the nation as well as for several national planning projects. It was started to be implemented in 1957, the year Ghana gained its independence. The years 1966–1980 are generally seen as being especially turbulent in Ghana's history after independence. This is mostly because of a string of military takeovers that overthrew long-standing administrations and then dismantled the state apparatus. As such, at the national and sub-national levels, there was a notable dearth of ongoing, thorough, and forward-looking strategic planning throughout this time (Rawlings, 2009).

Following more than forty years of political and economic instability, a new approach to planning was introduced in 1992 with the restoration of constitutional government and the growing popularity of the decentralisation plan. The Town and Country Planning Act of 1945 (CAP 84) was a significant milestone in Ghanaian legal history by aligning spatial planning with contemporary knowledge and practices. Following the conclusion of the Second World War in 1945, Britain, which still maintained authority over the Gold Coast, initiated a restoration initiative. The British government implemented a set of planning laws from 1945 to 1952 to effectively oversee the reconstruction projects following the conclusion of World War II (Greed & Johnson, 2014). During that period, Ghana, previously referred to as the Gold Coast, a former British territory in West Africa, adopted the planning approach. The Act's enactment on April 21, 1945, facilitated the establishment of Ghana's contemporary planning system. In 2017, the Town and Country Planning Department changed its name to the Land Use and Spatial Planning Authority. The goal was;

......to ensure the organized and gradual growth of land, towns, and other regions, as well as the preservation and enhancement of their amenities, while also addressing connected issues (Town and Country Planning Act 1945 [CAP 84]).

In addition, the Town and Country Planning Act of 1945 (CAP 84) provided a definition of development on land, which encompasses the following:

... repurposing refers to the process of modifying or reconstructing a structure or property in order to use it for a different purpose than its previous use.

The primary objective of spatial planning is to systematically and sustainably promote the development of human settlements within a country. Spatial planning clearly articulated its regulatory and development control tasks, highlighting their potential contributions to modernization and social transformation goals. Despite the passage of comparable laws in Ghana and other African colonies, the anticipated beneficial and forward-thinking outcomes of the 1945 Act did not materialize. According to Nkrumah (1973), the planning law really promoted the exploitative and geographically imbalanced development objectives of the pre-1945 colonial development planning regime.

While Britain's planning system successfully rebuilt the war-torn economy and societies, the colonies, such as the Gold Coast, did not achieve the same welfare objectives through their planning strategies (Greed & Johnson, 2014). However, only a selected number of urban regions were able to implement spatial planning. The primary objectives, intentions, and results of this initiative were to protect the interests of colonial rulers and a limited group of local elites. British politicians and their families received the majority of the revenues, leaving the common population without significant additional benefits. Particularly in South Africa and other colonies, zoning and planning restrictions promoted segregationist goals (Mabogunje, 1990).

Mabogunje provided the following insights into the extent, purpose, and outcomes of planning in the colonies:

…..during colonial times, the primary goal of urban planning was to improve overall sanitation conditions for white people, who served as colonial capitalism's local representatives. Hence, the state's dedication to ensuring sufficient health security for its officials and those associated with global capitalism had a direct influence on the design of metropolitan areas in Africa during colonial times, rather than efforts to resolve class tensions or disputes (Mabogunje, 1990, pp. 137–139).

The Town and Country Planning Board was established in 1945, which led to the Town and Country Planning Department's subsequent acquisition of authority. The Act required the department to fulfil the designated responsibilities related to spatial planning, which became feasible as a result of this transfer. Later amendments, specifically the Town and Country Planning Act of 1958 (Act 30) and the Town and Country Planning (Amendment) Act of 1960 (Act 33), abolished the Town and Country Planning Board. Planning fell under the purview of the Minister of Town and Country Planning. The Town and Country Planning Department operated solely as a civil service organization, with its primary headquarters in Accra and several branch offices spread across the administrative regions and districts. A group of professional planners worked collaboratively under the guidance of British town planning advisers. Prior to 1993, the Minister of Planning held absolute authority within the confines of this particular institutional framework, which subsequently triggered a drive towards decentralisation.

The 1945 planning law established the criteria for determining which regions of the country would qualify for a plan, and these criteria were closely associated with the administrative systems of the time. Acts 30 of 1958 and 33 of 1960 subsequently revised the 1945 Act, which initially carried out the establishment of planning zones. In this process, a consultation with the appropriate local authority would occur before the Minister in charge of urban planning establishes a planning framework for a specific area. If necessary, the Minister can designate a region as a planning area through an executive order after the consultation. In other words, the Minister used their discretionary power to decide whether or not to provide any village, community, neighborhood, town, or city with the benefits of land use planning. The designated region must create and authorise a plan, failing which the executive instrument will lapse after three years and necessitate publication.

Publication of duplicate copies of the document was also legally required to allow interested parties to express their concerns and opinions at various locations within the designated planning area. Following the publication of the planning document, the minister for the affected region also established a planning committee. As a result, the Planning Committee is required by law to provide the Minister with the specific data and information that he or she may request regarding the current and future planning requirements, as well as the anticipated direction and nature of development in its jurisdiction. Moreover, the planning area declaration documents explicitly prohibit any development until they approve a final plan for the region. This includes activities such as building construction, demolition, alterations, extensions, repairs, or renewals.

The aforementioned characteristics of the planning system clearly demonstrate how its structure and operation influence the results of spatial planning and the equitable distribution of planning benefits among various social groups. It is worth noting the longevity of the colonial planning system, which continues to influence planning practices today.

4 At Independence

Ghana had institutions in place before it became independent that controlled land ownership and use. Although there was diverse and informal land administration prior to colonisation, customs served as the main factor affecting land acquisition and development that followed. Land use and ownership were recognised at that time via conquests, inheritance, and discovery (Sarfo-Mensah, 2001). Historically, most land was owned communally by groups like tribes, families, or communities that would jointly explore and conquer. To guarantee calm and tranquilly in its management, the chief or priest was given ownership of the property. Land rights of freeholders were gathered and controlled by the chiefs or the local religious authority. Recognizing that land holds significance for the ancestors, the present generation, and future generations, makes this occurrence possible. Most land acquisition following conquests or discoveries was done so via patrilineal or matrilineal descent from a common ancestor. Prior to colonialism, land trustees divided land with great deference and without needless injustice. Due to their conviction that the ancestors would punish those who took advantage of others in property disputes, the chiefs and priestesses in the communities were reluctant to treat anyone unfairly in land distribution (Selase et al., 2015).

Individuals not indigenous to a particular area but recognized and integrated into society were able to purchase land through this method of land transfer without encountering significant obstacles (Selase et al., 2015). The acquisition of such properties led to the creation of usufruct rights, which were considered inferior to freehold rights. The original occupant and their descendants retained these rights as long as they complied with the freeholder's authority over the property. Ghana's traditional land tenure arrangements were shaped throughout the colonial era, and the nation's existing land and development policies bear the scars of this influence (Selase et al., 2015).

Weakening the former, the Native Jurisdiction Ordinances (1878–1930) substituted a Western liberal utilitarian land governance system for traditional land authority. The colonial authority considered all land in the protectorate of Northern Ghana to be public property under the Land and Native Rights Ordinance of 1927. The inception of legal pluralism occurred during this period in Ghana's land governance system, where English and traditional laws coexist (Rawlings, 2009).

As a result of population growth, the agricultural revolution during colonisation, and the application of secular laws in the land and development sector, land in some parts of Ghana became a commodity (Selase et al., 2015). This event allowed the direct sale of land, therefore dispelling the popular notion that it could not be sold. "Company Lands" were created when unconnected people banded together to buy property from a vendor chief for commercial agricultural uses (Hill, 1970).

Gyasi (1994) delineates three alternative methods of acquiring land in Ghana: pure sharecropping, a hybrid system combining leasing and sharecropping, or leasing for a charge over a period of 25–50 years. The pure sharecropping category comprises three arrangements: abunan (1:3 ratio), abusa (1:2 ratio), and abunu (1:1 ratio). The lessee owns three-quarters of Abunan, while the proprietor owns one-fourth. Abusa is a tenant property, with the proprietor owning one-third and the tenant the other. In abunu, the landowner receives half of the produce or agricultural operations, while the farmer (tenant) receives the remaining half (Selase et al., 2015).

The changes in land acquisition brought about by colonisation and population growth are what presently face Ghana's land governance. The vulnerable population today is subject to limited land ownership and access even when they are native to a certain town. A system that restricts their rights and opportunities to obtain productive property has hindered disadvantaged individuals, particularly women living in rural areas. The open forest woodland, their primary means of accessing water, fuelwood, and food, has either vanished or become scarce (Nyantakyi, 2006). Especially in Ghana, African modernist planning systems were greatly influenced by the colonial era application of European planning ideas. Ghana, formerly the Gold Coast, was ruled by the British from 1844 until 1957 when it attained political independence. Taking use of the natural riches of the region, the British on the Gold Coast sought to advance the industrial revolution. But several significant occasions in the latter half of the twentieth century were essential in Ghana's spatial planning beginning.

The development plans of British agents on the Gold Coast, Gordon Guggisberg (9 October 1919 to 24 April 1927) and Alan Burns (29 June 1942 to 2 August 1947), concentrated on social services and infrastructural enhancement. These programmes primarily aimed to build hydroelectric projects, revitalize neighborhood’s with housing development plans, and provide public services including hospitals, schools, and water. To accomplish particular strategic goals, they determined and charted the exact locations for the building of massive physical structures.

These measures included significant investments in infrastructure projects in the southern regions of the country, known for their abundant resources and high utilization of social services like hospitals and schools. Takoradi Harbour, the existing southern railway lines, the ongoing construction and restoration of the 5340 km highway network, and the commencement of operations in the diamond mines located in the southeast and southwest regions are notable accomplishments. The placement of the infrastructure showed deliberate efforts to improve the essential infrastructure necessary for resource extraction on the Gold Coast. Their primary emphasis on constructing physical infrastructure and creating distinct geographic representations indicates that they were fundamentally spatial in nature, implying the initial endeavours towards spatial planning in Ghana.

Four distinct eras marked by notable occurrences summarise Ghana's history of spatial planning. The time period in question is before 1945, during which Britain held administrative control over the Gold Coast. The passage of the Town and Country Planning Ordinance (CAP 84) in 1945 is a significant and well-deserved historical milestone in the realm of spatial planning. The proposed laws aim to establish the necessary legal structure for national planning projects, as well as for the primary urban centres and municipalities across the country. In 1957, the implementation started in time with Ghana's independence. Following its independence, Ghana's history is seen to have been chaotic from 1966 until the late 1980s. This is mostly the product of a series of military takeovers that overthrew long-standing administrations and caused the state apparatus to fall apart. Both national and subnational strategic planning was conspicuously absent throughout this time (Rawlings, 2009). After nearly forty years of political and economic turmoil, a new planning approach was implemented in 1992 with the restoration to constitutional government and the increasing support for decentralization.

The Town and Country Planning Act of 1945 (CAP 84) was a significant advancement in Ghana's legal system since it established spatial planning that adhered to modern standards and methods. Following the conclusion of World War II in 1945, Britain assumed control of the Gold Coast and initiated a post-war reconstruction endeavour. From 1945 to 1952, the British government implemented planning laws to supervise the reconstruction efforts following World War II. Ghana, then known as the Gold Coast and under British colonial rule in West Africa, implemented the planning technique during that period. An Act came into force on April 21, 1945, establishing Ghana's present planning system. The Land Use and Spatial Planning Authority replaced the Town and Country Planning Department in 2017.

The Act introduced a pioneering objective to clearly define the extent, objective, and legal foundation for spatial planning. The Town and Country Planning Act of 1945 (CAP 84) aims to address significant issues, safeguard and enhance the characteristics of land, towns, and other regions, and ensure organised and consistent development in these areas.

The Town and Country Planning Act of 1945 (CAP 84) defined development in relation to land as encompassing:

...engaging in renovation or reconstruction endeavours, and repurposing the land or structure for a different objective than its prior utilisation, is crucial.

Human communities are to be developed methodically and sustainably inside a nation through spatial planning. It was evident how spatial planning expresses both the regulatory and development control components and how they may affect modernization and social change. Though similar laws were implemented in Ghana and other African colonies, the 1945 Act did not provide the predicted beneficial and progressive outcomes. As noted by Acheampong et al., (2019), the planning laws advances the exploitative and unevenly distributed growth objective of the pre-1945 colonial development planning regime.

The planning methods employed in colonies such as the Gold Coast did not yield similar outcomes in relation to the welfare objectives pursued in Britain, despite the use of the British planning system to rebuild the economy and society post-war. The spatial plan only encompassed specific urban regions. The colonial authority's primary goal was to protect its own interests as well as those of a select group of local elites. As a result, the colonial authority limited most of its goals, objectives, and outcomes to the local context. There were little more benefits for the average public as the majority of the earnings went to British politicians and their families. Zoning and planning rules were implemented to further segregationist goals; these laws were most famously implemented in South Africa and other colonies (Mabogunje, 1990).

Throughout the colonial era, the cornerstone of limited urban planning was improving general hygiene for the white inhabitants, who stood in for colonial capitalism. The colonial African state was more interested in guaranteeing the health and welfare of its agents and those involved in global capitalism than in trying to resolve class tensions or conflicts. The Act provided that the Town and Country Planning Department would take over the power of the Town and Country Planning Board upon its establishment in 1945. The Act mandated that the agency carry out certain spatial planning responsibilities, which this move made possible. Subsequent revisions, specifically the Town and Country Planning (Amendment) Act of 1960 (Act 33) and the Town and Country Planning Act of 1958 (Act 30), eliminated the Town and Country Planning Board. The planning duties were handled by the Town and Country Planning Minister. Operating only as a civil service organisation, the Town and Country Planning Department had branch offices in many administrative areas and districts and its headquarters were in Accra. Expert planners worked together under the direction of British Town Planning Advisers. Up to the implementation of administrative changes in 1993, which resulted in a move towards decentralisation, the Minister of Planning held total control within this institutional framework.

The Planning Decree of 1945 established laws that determined the eligible areas for a plan, closely aligning with the bureaucratic procedures of that era. It first implemented the 1945 Act and its subsequent changes (Act 30 of 1958 and Act 33 of 1960). The minister responsible for urban planning would convene a meeting with the relevant local governing body prior to formulating a plan for a specific area. If after discussion it is decided that a plan has to be created for a region, the Minister may designate it as a planning area by an executive order. Various communities received different benefits from land use planning, which was decided by the Minister using his discretionary powers. The executive instrument would expire in three years without a created and approved plan for the chosen area and would need to be formally announced. To enable interested persons to express their opinions at various locations within the planning area, copies of the document have to be distributed legally.

After the planning document was published, the minister in charge of the impacted area established a planning committee. The laws require the Planning Committee to provide the Minister with comprehensive information about the current and future planning needs, along with the expected development trajectory and characteristics within its jurisdiction. The public release of the planning area declaration documents prohibited any development operations, such as building, demolition, changes, extensions, repairs, or renewals, until the region's authorised final plan was in place. The listed characteristics of the planning system demonstrate how its design and functioning impact the outcomes of spatial planning and the allocation of planning advantages among different socioeconomic groups. The colonial era's comprehensive planning system heavily influences modern planning strategies.

5 The new law

In its 1999 National Land Policy, the Ministry of Lands, Forestry, and Mines of the Republic of Ghana emphasized the significance of land for Ghana's development (Republic of Ghana, Ministry of Lands and Forestry, 1999). The policy considers the island to be the country's most significant asset and the cornerstone of its resource base (Hall & Tewdwr-Jones, 2019). Though the industry is important economically, it has encountered a number of challenges (Blocher, 2006). As such, many solutions have been put forward by laws and laws. Being an important legal document since independence, Ghana's 1992 Constitution has a big influence on modern land law and planning. The Constitution makes it rather evident where it stands on the country's customary land laws. The Constitution gives the Ghanaian state the power to supervise land management. Article 267(1) of the 1992 Constitution mandates the holding of all skin or stool lands in trust for their rightful owners, in accordance with customary law and usage. According to Ghana's laws, Article 267(5) explicitly prohibits the establishment of any freehold property on stool soil. In this case, the importance of the land limits its usage even as the old institutions controlling it are respected.

Act 912, the Minerals Development Funds Act, states that all minerals found in Ghanaian soil are owned by the government of the country. Under Article 267 of the national Constitution, customary lands must pay royalties, and among the beneficiaries are the customary proprietors. Tenancy or freehold land in Ghana only grants a basic right to the surface of the ground. Furthermore, the Constitution grants the state the power to exercise eminent domain in order to acquire land for the benefit of the nation or a specific community. In 1945, the Town and Country Planning Department (TCPD) was established, marking the beginning of formal planning in Ghana. The Land Use and Spatial Planning Authority, which restructured the TCPD in 2016, further solidified Ghana's dedication to systematic land use and spatial planning. The aspiration for modernization and socioeconomic reform drove substantial planning at the national level beginning in the 1950s. In the early 1960s, several noteworthy spatial planning projects commenced. The National Physical Development Plan, established in 1963, is the pioneering spatial planning initiative in Africa, signifying a significant milestone in the field's history. In addition to this document, the National Perspectives can provide inspiration for future substantial spatial planning initiatives in Ghana, namely at the municipal and urban levels. During the period from the mid-1960s to the late 1980s, a series of military coups led to political turmoil and economic instability. Decentralization played a crucial role in the planning process during this time. The coups have significantly weakened many of the previous gains. The 1993 Local Government Act (Act 462) and the National Development Planning (System) Act (Act 480) will have a significant impact on planning and planning education in Ghana.

In 2007, the Ghanaian government initiated the Land Use and Planning Management Project (LUPMP), which led to substantial reforms that had a considerable influence on the country's planning trajectory. The LUPMP enhanced an inefficient land use planning system with significant modifications. The Land Use and Spatial Planning Act (Act 925) replaced the Town and Country Planning Act of 1945 in 2016. The implementation of the new planning law has led to the establishment of two new organizations: the Regional Spatial Planning Committee and LUSPA. The institutes were responsible for conducting the national and regional spatial planning activities consecutively. The laws require the establishment of spatial development frameworks at the national, regional, and district levels, creating a new hierarchical system of planning tools.

Article 258 of the 1992 Constitution and the Lands Commission Act (Act 767) established the Lands Commission in 2008. This has provided Ghana with a framework to facilitate effective land development. The commission, which operates under its corporate name, is subject to court processes, possesses a common seal, and has the authority to initiate legal proceedings.

6 Discussion and lessons learnt

The discussion of Ghanaian planning and land development laws that was previously mentioned brought to light several advantages and disadvantage. Planning and development of land were seen to be successful during the colonial era because of their focused approach and strict enforcement procedures. The negative outcomes of the independence era can be attributed to several factors, including its extensive geographic reach, rapid urbanization and population growth, inadequate governance and control mechanisms, insufficient allocation of financial and human resources, and the impact of global forces that disrupt domestic socioeconomic systems (such as the transformation of traditional land ownership due to emerging land markets). The Land Use and Spatial Planning Act of 2016 (Act 925) now regulates spatial planning. Act 925, implemented in 2017, mandated the establishment of a Land Use and Spatial Planning Authority in each of Ghana's sixteen regions.

Colonial land development and planning did not prioritize sustainable development due to its narrow definition and lack of consideration for economic, social, and spatial equity. Efforts to promote sustainable development through the implementation of comprehensive land development and planning laws, with the goal of ensuring economic, social, and spatial justice, have proven to be inadequate since achieving independence. The recent laws regarding land development and planning have established decentralized, market-driven, collaborative, and participatory planning laws to address constantly evolving planning issues.

However, the newly enacted land development and planning laws did not substantially improve planning outcomes in accordance with the principles of sustainable development. Several obstacles, including the proliferation of settlements, worsening waste management issues, unstable land utilization, uncontrolled urban expansion, insufficient infrastructure, inadequate service provision, and precarious livelihoods, substantiate this claim. The initial NUPF (National Urban Policy Framework) and the preliminary LUSPB (Land Use and Spatial Planning Bill) are enhancing the current planning and land development frameworks. The aims, vision, and activities proposed are feasible strategies to enhance Ghana's existing accomplishments in land development and planning. This latest development attempts to address the necessity for special planning and land development strategies to support Ghana's sustainable socioeconomic development.

Poor planning throughout the colonial era first led to uneven growth in terms of the economy, society, and geography. Conversely, extensive planning projects started after independence were unable to obtain the required financial, human, and organisational resources together with an effective regulatory framework, which had comparable negative effects. Enough financial, human, and regulatory resources should be available to support effective planning and land development that consider the social, economic, and environmental aspects of society. The plan should be grounded in a comprehensive, long-term vision that is informed by meticulous assessments of requirements and projections. Stable political conditions and a coherent national policy are other major requirements for effective planning and implementation. The political history of Ghana during World War II and the military regimes was devoid of strategic strategy. The fragmented character of land planning and development may be a result of Ghana's unstable political and policy climate. Power imbalances may have some role in the decentralised land development and planning system's poor performance in contemporary times. Representativeness of stakeholders should be directly proportional to their involvement. Planning and development of land efficiently is hampered by inadequate institutional coordination. The decentralised land development and planning bodies and entities in Ghana may gain from more mutual confidence.

7 Conclusions and policy recommendations

Ultimately, the study examines the evolution of Ghana's land development and planning laws, spanning from the colonial period in the mid-1800s to the present day. Tables 1 and 2 present a concise overview of the most notable advancements in the history of land development and planning laws in Ghana.

Table 1 Summary of a series of landmark events in the history of land development in Ghana
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Table 2 Summary of a series of landmark events in the history of spatial planning in Ghana
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Planning and land development rules have been a fundamental part of Ghana's political and socioeconomic past. Though its reach was constrained, the colonial era was successfully carried out because of the relatively slower urban growth and the stringent enforcement mechanisms. But its result was unbalanced spatial growth, which is still present in the nation. On the other hand, governments have made an effort to implement broad-based planning ever since Ghana gained independence in order to both accelerate and bridge the uneven spatial development. Nevertheless, unlike the colonial era, a number of additional elements have combined to make the successful execution of the independence era difficult, including rapid urban growth, development of enforcement regime, and intricate land tenure structures.

Hence, Ghanaian towns and cities encounter various challenges in land development and planning, including the emergence of slums, escalating waste management problems, disorderly land-use practices, unregulated urban expansion, insufficient infrastructure, poor service provision, and insecurity in livelihoods. This indicates that Ghana's planning and land development have not adequately addressed the challenges of urbanization and its related difficulties in a manner that promotes sustainable development.

However, new efforts are underway to redefine land development and planning, aiming to achieve comprehensive socioeconomic progress. The NUPF and the LUSPB prioritize integrated land development and planning, based on sound sustainable development principles. The IDPs strive to effectively incorporate economic, social, cultural, and environmental concerns to promote rapid development at various geographic levels, primarily at the district level. On the other hand, the SDFs focus on comprehensive planning across specific geographic scales, including national, regional, and district levels. The LUSPB to be the most pertinent planning framework for the country, given the current global focus on sustainable development, improved urban governance, and addressing issues such as urban poverty, vulnerability, deprivation, and environmental degradation.

The novel aspect of this paper is that, in order to foster efficiency and personnel and institution capacity growth, it is strongly recommended to harmonise the NUPF with the LUSPB. To encourage wise use of natural and environmental resources like land, land development and planning should start with an evaluation of current and future demands. One method to reconsider the basics of decentralized local administration and facilitate the progress of development projects is to separate the limited political interests of individuals and organizations from the broader interests of society. Success in land development and planning projects in Ghana should be attained by using a participative method that guarantees conformity with social standards and expectations. The concepts that should guide land development and planning in Ghana should be especially adapted to the local environment. Furthermore, encouraged and included should be civic initiative and self-governance. Finally, the paper proposes that governments and chiefs should possess absolute jurisdiction over land utilization in countries such as Ghana, where human needs, particularly the demand for land, continually surpass the limited land resources, particularly in urban areas.

8 Limitations and future study directives

The study had a limited scope, specifically examining land development and planning laws in Ghana. In retrospect, it would have been wise to assess how Ghana's experience distinguishes or parallels it with land and planning development laws in other countries. Hence, we suggest that academics undertake a comparative analysis of land development and planning laws, focusing on the experiences of both developed and developing nations, for future studies.