DIRECTOR MOSHI MUNICIPAL COUNCIL V STANLENARD MNESI AND ANOTHER, COURT OF APPEAL, ARUSHA (2019)

Sh 15,000.00

Category:

Description

Planning area – planning consent – planning authority – surveyed and unsurveyed land – building permit – urban authority – proper procedures for the demolition.

  • Once an area is declared a planning area any development within it becomes subject to a planning consent from the relevant planning authority (p. 10). The position applies to both surveyed and unsurveyed land as long as it is within a planning area (p. 11).
  • Requirement of a building permit also applies to erection of a building on any land within the area of jurisdiction of an urban authority (p. 14).
  • An urban authority demolished a building erected in a planning area without a planning consent and a building permit – it was held that the demolition was lawful and proper procedures for the demolition were complied with (p. 15).