Mavoko Municipal Council

PLANNING DEPARTMENT –AN INSIGHT The planning Department in the Council is charged with the mandate of Development Control and surveying. It is headed by Jane W.Mwaniki. It has one building inspector namely Jameson Kioko and one Development Controller called Nawson Musola . The survey section is headed by James Kariuki who is assisted by Bernard Mumo. GRANTING DEVELOPMENT PERMISSION The department has put in place a machinery of expenditure processing of development applications. The committee of Town Planning meets monthly. Before the meeting, applications without policy implications are processed and released by a technical subcommittee of the council. The only department exempted from the provisions of law (approval by Council) is development done by or on behalf of the armed forces of Kenya. DEVELOPMENT APPLICATIONS IN AREAS WHERE DEVELOPERS DO NOT HAVE TITLE DEEDS Proof of ownership of land, as everyone knows , is by possession and production of the relevant document of ownership :– title deed, certificate of title ,etc. Where the land owners have subdivided and sold land and a sub-division of that land has been approved by the council, the Council can receive and approve development applications in the sub-division scheme. But because the land is still owned by the registered owner, developer can only be allowed to develop in the names of registered owners of the land. That is an arrangement specifically placed to facilitate investors as they finalize land transfer process. DEVELOPMENT ON T.O.L/ COUNCIL ALLOTTED LAND The Council allotted some developers land in different areas on Temporary Occupation License basis. For such land to be allowed to be developed into permanent premises, the T.O.L’s have to convert to long leases, and the conversion can take place only on land that has not been committed to other developers. There has been cases where T.O.L holders have been submitting building plans and other applications for approval by the Council on lands that have been allotted out of other developers It is important for the public to be educated that the Council cannot invade private land on basis of T.O.L.’s it has issued them .That is because it would not only be a violation of property rights of those holders of title but also an action that would attract litigation with consequences to both the T.O.L developers and the Council. Where a holder of T.O.L wishes to develop permanent development, he/she has to apply for conversion of the T.O.L. to long lease. We advise the T.O.L.developers to invest wisely by going for right advice to safeguard their investment. DEVELOPMENT ON LAND EARLIER EARMARKED FOR PUBLIC UTILITIES The Council notes with concern that land meant for public utilities both in privately owned (sub-divided) land in areas where such were provided on public land through planning processes have been encroached and converted to private use .The Council will not accept development on such land and will do what it can stop to this. FEES FOR APPROVAL OF DEVELOPMENT APPLICATIONS Council fees in force have been on for over 2 years. The Council reviewed the fees for building plans to make them equitable by adopting a fees charging mode that is based on space /floor area of a building. That meant individuals would pay for what they develop. In so doing the rates for ordinary development came down compared to previous rates. An example is an ordinary maisonette/ bungalow with an area of 120m2 that previously was charged Ksh.10,000.At the same time the Council was able to realize more revenue from developers undertaking large development. ENFORCEMENT AGAINST NON-COMPLIANT DEVELOPMENT We have notified the public twice on the need to acquire development permission for whatever development they have to undertake .Such notice appeared in the Daily Nation of 16th March, 2007 and another one on October, 2008. The importance of compliance cannot be overstated. It is in that we create an environment that is sustainable, safe and convenient to all and create investments that guarantee return on capital. It is important to note that the Council moves on to remove offending development only after due process of issuance of notices or prosecution and depending on urgency of a matter. We advise the public to desist from undertaking illegal developments all the times, whether during public holidays, working hours or at night and the enforcement actions will not be meted on them. BUYING LAND THROUGH LAND COMPANIES The Council would like to warn the public that some of the transactions being undertaken trough land buying companies are suspect and may easily lead to loss of money to unscrupulous persons. The Council has noticed such suspect operations in Mlolongo, Syokimau ,Kinanie, Joska and Githunguri areas of the Municipality. Before anyone commits money to such buying transactions, it is advisable to cross-check with the council. CONCLUSION The Council operates on an open door policy. To that end we would appreciate dialogue on all issues at hand or any other with all persons or institutions within or outside our area of jurisdiction. Such ideas or reports can be delivered to our suggestion Box or mailed through our email address info@mavokomunicipal.or.ke by Telephone no.(045)-6622406-7.Any input will be handled with dignity and confidentiality and any progress /outcome communicated to the sender or as the case may be appropriate.