Court halts construction of commercial building in Makindye residential area
What you need to know:
- The court decision followed a case in which residents of Mugabi Close, Kalung-Ggaba Ward in Makindye Division complained against the decision of the KCCA that granted development permission under minute PPC 022-22/8(a) to the developers
Court has quashed a decision by the Kampala Capital City Authority (KCCA) to permit the construction of a commercial building in a residential area in Makindye Division, Kampala District.
Acting High Court Judge in Kampala, Douglas Karekona Singiza, ruled that KCCA was in breach of its statutory duty to alter development plans by granting development permission of a commercial nature in an area designated as residential without proper consultation or agreement with the applicants.
“This court also finds fault with the secrecy in the decision-making and the deliberate misinformation surrounding the impugned decision. The misleading and secretive nature of decision-making by a planning authority makes its decision illegal and ultra vires,” he ruled.
The court decision followed a case in which residents of Mugabi Close, Kalung-Ggaba Ward in Makindye Division complained against the decision of the KCCA that granted development permission under minute PPC 022-22/8(a) to the developers.
The group argued that the permission which allowed for the construction of shops, restaurants, and residential development of eight blocks was an infringement on the National Physical Planning Standards and Guidelines of 2011.
A total of eight residents; Desteo Mugabi, Frank Gashumba, Lillian Iculet, Harriet Sanyu Katerega, Kiryowa Kiwanuka (the Attorney General), Mathias Ssekatawa, Richard Malinga and John Kyegombe successfully sued KCCA.
KCCA was jointly sued with developers; Docus Kaguma Balaba, Kevin Balaba, Alison Nyangoma Balaba and Charity Mugumya Balaba who are the executors of the Estate of their late father Ezekiel Balaba.
Court heard that during all this time they had resided in the area, they had never expected that their area land use could change to that of commercial, hence this application.
“It was the understanding of the applicants that the 1st respondent would limit the land use of their residential area by her published Integrated Development Land Use Plan. To their surprise, the owners of an adjoining property on Block 249 Plot 1290 Buganda, Makindye Division, commenced commercial development works,” reads the court records.
Court orders
Acting Judge Singiza also ordered that all planning authorities in the country should endeavour to adopt, especially in the context of new cities that have now been created.
“It is ordered that before a decision to alter any development plans by any planning authority can be made, a meaningful engagement should take place first with the area residents. A recommended period of six months is considered as sufficient by this court depending on the circumstances of each case,” he held.
