Maravi

Manda Hill gets approval to extend

Manda Hill gets approval to extend
By Chiwoyu Sinyangwe
Tuesday September 02, 2008 [04:00]

THE Town and Country Planning Tribunal has ruled that Manda Hill Centre Limited be allowed to develop the additional building to the existing shopping complex. Making the ruling at the Lusaka City Council (LCC) chambers yesterday, Tribunal president Dr Patrick Matibini sitting with members Rueben Lifuka and MacDonald Longwe ruled that the US$ 32,000, 000.00 project proceed and that each party bear its own costs.

This is in a matter of a dispute on planning permission where Manda Hill Centre Limited had appealed against the decision by LCC to stop the proposed alterations and development of new buildings on Manda Hill Centre.

LCC contended that doing so would create shortage of parking space unless the developer showed evidence of future developments such as high rise parking aimed at increasing and maximising space to accommodate the proposed development and increased patronage.

LCC submitted that Manda Hill Centre Limited should not be allowed to extend structural developments beyond the approved boundaries on the southern and western ends of complex.

LCC was also seeking that the Tribunal cancels stand 19255 in a bid to acquire title to the proposed extension and that Manda Hill Centre Limited should have surrendered the original certificate of title to the Commissioner of Lands to facilitate the registration of the subdivisions.

But Dr Matibini ruled that the Tribunal had no power or jurisdiction to order cancellation of the certificate of title saying such powers were vested in the High Court and that the Tribunal or the planning authority could not impose conditions of a contractual or commercial nature on a developer.

"Ultimately, the Tribunal is of the considered view that the conditions imposed by the respondent are not of a planning nature," Dr Matibini said. "The conditions are also not fairly and reasonably related to the development of the shopping complex.

We therefore hold and direct that the conditions should be and are hereby set aside. For avoidance of doubt, we direct that the respondent is not entitled to levy the charges contained in their notification of the planning permission dated 30th January 2008."

Dr Matibini said the Tribunal felt that the development of the car park would not only increase parking space but also improve the movement of vehicles around the shopping complex.

He also said in the circumstances, the Tribunal endorsed the application to construct a new bell mouth and vehicular access road giving an additional access from Manda Hill.

"In the final result, we have come to the conclusion that this appeal should be allowed and the appellant's application be granted," said Dr Matibini. "In the circumstances of this case, we make no order as to costs. Each party will bear its own costs."

Labels: CONSTRUCTION, LCC

posted by MrK @ 4:37 AM