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Dar suspends Oysterbay, Masaki plan
By Florian Kaijage
8th May 2011
The Government has been forced to suspend implementation of its new Development Plan for the Oysterbay and Masaki executive Area in Dar es Salaam following stiff opposition from former leaders, diplomatic missions and international organisations.
The government consequently faces the challenge of making a major review on the proposed plan to avoid any adverse impact on the status of the low density area, which has existed for the past three decades.
The Ministry of Lands, Housing and Human Settlements Development, says no development plan could be executed until the entire plan had undergone changes.
The Ministry's Permanent Secretary Patrick Rutabanzibwa told The Guardian on Sunday in an exclusive interview this week that there was no way the development plan, designed and presented by Kinondoni Municipality could go on since it contravened the previous plan and could greatly affect the Masaki and Oysterbay areas negatively.
"It is true this plan was there but it could not get blessings from the top government decision makers since a number of issues were raised and it was decided that it should be shelved until further notice," said Rutabanzibwa.
He noted that among other things, the said plan from Kinondoni proposed for legalisation of erecting taller buildings than those allowed under the current plan which was drawn in 1979.
The PS explained: "The plan prepared in 2008 proposed that buildings of up to two floors be allowed in all areas close to the Indian Ocean and the height of buildings could permitted in an ascending order as the distance increases off shore up to eight storey structures around Haile Salasie road and Msasani Peninsular.
However the plan was halted as complaints intensified from retired government officials, diplomatic missions and international organisations.
According to the PS, those who opposed the plan argued on the grounds of possible change of status and structure due to the foreseeable increased activities and eventually big population density on a relative small area.
They also complained that their security could be put under jeopardy.
The Guardian on Sunday has also learnt that the government decision to shelve the plan was partly a result of the move by Kinondoni Municipal Authority to issue building permits for development of Masaki and Oysterbay Plots before the proposed plan was approved by the government.
Rutabanzibawa admitted that the ministry was facing the challenge of closely monitoring all activities undertaken by municipal authorities to avoid violation of the laws governing lands and human settlements, adding that some of the land owners were effecting construction on their plots after acquiring building permits from municipalities but without title deeds.
Under the law governing the planning of city and towns planning of 2007 any change of land use requires a permit from the relevant ministry.
All plots situated at Masaki and Oysterbay areas are categorized under the law as single resident plots, implying that no more that one residence is allowed to be established on a single plot. This also bans the erection of multiple- storey buildings meant for residential apartments.
Rutabanzibwa could not disclose when the review of the plan would be ready for implementation though he revealed that the order to stop all arrangements for the halted plan was issued in October 2010.
The PS statement was supported by a letter availed to The Guardian on Sunday, which was addressed to the Kinondoni Municipal Director on 26th January 2011, complaining of unnecessary delays to the issuance of a building permit for Plot number 128, off Karume road in Oysterbay.
The letter from Chimati Realities Limited, signed by Derrick Ubwe (Mhhhh!) on behalf of the firm's director and a copy served to PS, Ministry of Lands, claims that although the company had paid all necessary fees for the building permit and informed earlier that the permit was ready for collection, only to be told later on that all the permits were suspended until further notice.
Chimati Realities Limited also complained of not being furnished with enough and self explanatory reasona in regard to the suspension of the building permits and the entire plan and as to weather there would be any additional monetary charges or not when the plan is approved.
The firm disclosed in the letter that they had secured bank loans for the construction at the plot.
However, The Guardian on Sunday is informed that the plot was approved for change of land by ministry of Lands use through letter with reference number LD 28797/75 dated 16th November 2009.
The letter signed by Mapambano L. Baseka on behalf of the Permanent Secretary informing the Kinondoni Municipal Director of the decision taken by the ministry's director of town planning to approve the application for change of land use from ‘residence only' to ‘residence and business' category.
But as per the current status where the entire plan is suspended awaiting the new plan, such approvals were being stalled.
Though it was difficult to establish the exact number of suspended permits and proposed projects, it seemed there were a good number of such projects and the rush for permits could be enormous when the revised Masaki and Oysterbay new development plan is blessed for implementation
The Masaki and Oysterbay design, plan and status came to the public limelight in 2006 when the then Prime Minister, Edward Lowassa ordered for demolition of a four-storey building.
The order was implemented on May 17, but triggered a legal battle between the owner and Kinondoni Municipality as the former went to court seeking compensation for what he termed as unfair demolition of his building, despite being in possession of required documents from relevant authorities for the project.
SOURCE: GUARDIAN ON SUNDAY
By Florian Kaijage
8th May 2011
The Government has been forced to suspend implementation of its new Development Plan for the Oysterbay and Masaki executive Area in Dar es Salaam following stiff opposition from former leaders, diplomatic missions and international organisations.
The government consequently faces the challenge of making a major review on the proposed plan to avoid any adverse impact on the status of the low density area, which has existed for the past three decades.
The Ministry of Lands, Housing and Human Settlements Development, says no development plan could be executed until the entire plan had undergone changes.
The Ministry's Permanent Secretary Patrick Rutabanzibwa told The Guardian on Sunday in an exclusive interview this week that there was no way the development plan, designed and presented by Kinondoni Municipality could go on since it contravened the previous plan and could greatly affect the Masaki and Oysterbay areas negatively.
"It is true this plan was there but it could not get blessings from the top government decision makers since a number of issues were raised and it was decided that it should be shelved until further notice," said Rutabanzibwa.
He noted that among other things, the said plan from Kinondoni proposed for legalisation of erecting taller buildings than those allowed under the current plan which was drawn in 1979.
The PS explained: "The plan prepared in 2008 proposed that buildings of up to two floors be allowed in all areas close to the Indian Ocean and the height of buildings could permitted in an ascending order as the distance increases off shore up to eight storey structures around Haile Salasie road and Msasani Peninsular.
However the plan was halted as complaints intensified from retired government officials, diplomatic missions and international organisations.
According to the PS, those who opposed the plan argued on the grounds of possible change of status and structure due to the foreseeable increased activities and eventually big population density on a relative small area.
They also complained that their security could be put under jeopardy.
The Guardian on Sunday has also learnt that the government decision to shelve the plan was partly a result of the move by Kinondoni Municipal Authority to issue building permits for development of Masaki and Oysterbay Plots before the proposed plan was approved by the government.
Rutabanzibawa admitted that the ministry was facing the challenge of closely monitoring all activities undertaken by municipal authorities to avoid violation of the laws governing lands and human settlements, adding that some of the land owners were effecting construction on their plots after acquiring building permits from municipalities but without title deeds.
Under the law governing the planning of city and towns planning of 2007 any change of land use requires a permit from the relevant ministry.
All plots situated at Masaki and Oysterbay areas are categorized under the law as single resident plots, implying that no more that one residence is allowed to be established on a single plot. This also bans the erection of multiple- storey buildings meant for residential apartments.
Rutabanzibwa could not disclose when the review of the plan would be ready for implementation though he revealed that the order to stop all arrangements for the halted plan was issued in October 2010.
The PS statement was supported by a letter availed to The Guardian on Sunday, which was addressed to the Kinondoni Municipal Director on 26th January 2011, complaining of unnecessary delays to the issuance of a building permit for Plot number 128, off Karume road in Oysterbay.
The letter from Chimati Realities Limited, signed by Derrick Ubwe (Mhhhh!) on behalf of the firm's director and a copy served to PS, Ministry of Lands, claims that although the company had paid all necessary fees for the building permit and informed earlier that the permit was ready for collection, only to be told later on that all the permits were suspended until further notice.
Chimati Realities Limited also complained of not being furnished with enough and self explanatory reasona in regard to the suspension of the building permits and the entire plan and as to weather there would be any additional monetary charges or not when the plan is approved.
The firm disclosed in the letter that they had secured bank loans for the construction at the plot.
However, The Guardian on Sunday is informed that the plot was approved for change of land by ministry of Lands use through letter with reference number LD 28797/75 dated 16th November 2009.
The letter signed by Mapambano L. Baseka on behalf of the Permanent Secretary informing the Kinondoni Municipal Director of the decision taken by the ministry's director of town planning to approve the application for change of land use from ‘residence only' to ‘residence and business' category.
But as per the current status where the entire plan is suspended awaiting the new plan, such approvals were being stalled.
Though it was difficult to establish the exact number of suspended permits and proposed projects, it seemed there were a good number of such projects and the rush for permits could be enormous when the revised Masaki and Oysterbay new development plan is blessed for implementation
The Masaki and Oysterbay design, plan and status came to the public limelight in 2006 when the then Prime Minister, Edward Lowassa ordered for demolition of a four-storey building.
The order was implemented on May 17, but triggered a legal battle between the owner and Kinondoni Municipality as the former went to court seeking compensation for what he termed as unfair demolition of his building, despite being in possession of required documents from relevant authorities for the project.
SOURCE: GUARDIAN ON SUNDAY
