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Parameter and Practice of Development Control in Zimbabwe

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Parameter and Practice of Development Control in Zimbabwe Joel Chaeruka MPhil Parameter and Practice of Development Control in Zimbabwe: An Evaluation of the System of Development Control with Emphasis on the Determination of Planning Permission Applications and Appeals 1976 to 1996. BY JOEL CHAERUKA THESIS SUBMITTED FOR THE DEGREE OF MASTER OF PHILOSOPHY FACULTY OF SOCIAL STUDIES University of Zimbabwe OCTOBER 2002 Supervisor: Mrs C Davison 1 Joel Chaeruka MPhil CONTENTS PAGE CHAPTER ONE 1.0 INTRODUCTION 1 1.1 Preamble 1 1.2 The Research Problem 2 1.2.1 Sub-problems 2 1.2.3 Aims and Objectives of the Study 3 1.2.4 The Hypotheses 4 1.2.5 Abbreviations 5 1.2.7 Assumptions 5 1.3 The Need for the Study 6 1.4 Importance of Planning Law and Development Control 7 1.5 Contents of the Study 10 1.6 Background Information 12 1.6.1 Definition of Terms 12 1.6.2 Meaning of Development 13 1.6.3 What is Development Control? 16 1.6.4 Rationale for Development Control 19 CHAPTER TWO 2.0 REVIEW OF THE RELATED LITERATURE 25 2.1 General Historical Overview of Development Control 25 2.2 Framework for development Control 28 2.3 Views on Development Control 32 2.4 Review of Literature on History of Development Control in Zimbabwe 38 2.5 Review of Literature on Planning Permission Application 40 2.6 Review of Literature on Planning Appeals 42 2.6.1 Where do Planning Appeals come in and Who Appeals? 42 2.6.2 Appeal to Who and How are they Conducted? 47 2.6.3 Literature on Planning Appeals with Emphasis on Zimbabwe 50 2.7 Conclusion on Literature Review 51 CHAPTER THREE 3.0 STATUS OF DEVELOPMENT CONTROL IN ZIMBABWE IN 1996 53 3.1 Introduction 53 3.2 Instruments Used in Development Control in Zimbabwe 53 3.3 Institutional Framework for Development Control in Zimbabwe 54 3.4 Actors in Development Control in Zimbabwe 54 3.5 Situation in which Development Control Takes Place in Zimbabwe 56 3.6 Forms of Appeal with Emphasis on Zimbabwe 59 3.7 Procedure for Appealing in Zimbabwe 61 3.8 Conclusion 62 I Joel Chaeruka MPhil CHAPTER FOUR 4.0 METHODOLOGY 64 4.1 Preamble 64 4.2 Brief Review of Relevant Research Methods 64 4.3 Data Gathering: History of Development Control 67 4.4 Updating the Planning Appeals Register 67 4.5 Planning Appeals Sample Selection 68 4.6 Selection of planning Applications LPA Sample Area 72 4.7 Data Collection Strategies 73 4.8 Constraints to Data Collection 73 Data Analysis and Analytical Techniques 83 4.10 Conclusion 84 CHAPTER FIVE 5.0 THE HISTORY OF DEVELOPMENT CONTROL IN ZIMBABWE 85 5.1 Introduction 85 5.2 1900 to 1933 A Case for Development Control in Zimbabwe 86 5.3 1934 to 1945 Dealing with the Inadequacy of Existing Planning Law for Development Control 88 5.4 1946 to 1975 Broadening the Base for Planning Law and Development Control in Zimbabwe 90 5.5 1976 to 1990 Perfecting Development Control 105 5.6 1990 to 1996 Challenging Development Control 106 5.7 The Development of the Planning Appeals System 1933 to 1996 108 5.8 Conclusion 110 CHAPTER SIX 6.0 ANALYSIS OF FINDINGS ON TOWN PLANNING APPEALS AND DEVELOPMENT CONTROL 113 6.1 Preamble 113 PART ONE 6.2 General Analysis of planning Appeal Population 1976 to 1996 113 6.2.1 Number of Cases brought before the Administrative Court 114 6.2.2 Pattern of Planning Appeals 1976 to 1996 122 6.2.3 Propensity to Appeal 132 6.2.4 Conclusion on Part One 141 PART TWO 6.3 The Aspect of Delay and Related Characteristics of Sampled Planning Permission Appeal Cases 142 6.3.1 Analysis of Time Taken to Process the Planning Permission Applications 143 6.3.2 Time taken to Process Planning permission at LPA 144 6.3.3 Time Spent Between LPA Decision and Planning Permission Applications II Joel Chaeruka MPhil and Lodging of Notices of Appeal, and the Aspect of Condonation 147 6.3.4 Time Taken to Determine Planning Appeals at the Administrative Court 148 6.3.5 Time Taken to Process Section 49 Applications and Appeals 156 6.3.6 Date of Court Sittings and the passing of judgement 158 6.3.7 Factors Contributing to the Late Determination of Cases at the Administrative Court 159 6.3.8 The Case Study of the City of Harare’s Planning Permission Applications 162 6.3.9 Conclusion 167 PART THREE 6.4 The case study on development Costs 169 CHAPTER SEVEN 7.1 Reflecting on the Problem, Sub-problems and Hypotheses 175 7.2 Shortcomings 179 7.3 Issues and 181 7.4 Recommendations 184 TABLES Table 1 Isolating Target Population and Determined Cases: Sample Framework 71 Table 2 Sample Population: Ratio 72 Table 3 Summary of appeal Cases 1976-1996 116 Table 4 Court Case by 5-Year Periods 120 Table 5 Court Case by Place of Origin 127 Table 6 Classification of the appeal cases by sections of the RTCP Act by Province 129 Table 7 Type of Decision in any Particular Year 134 Table 8 How each Appeal Case was finalised 135 Table 9 Focus on Appeal Cases that were granted or Refused 141 Table 10 Expiry Date Minus Acknowledgement Date 145 Table 11 Actual Decision Date Minus Expiry Date 147 Table 12 Appeal Notice Date Minus Actual Decision Date 149 Table 13 Appellant’s Case Date Minus Appeal Notice Date 151 Table 14 Respondent’s Heads Minus Appellant’s Case Date 152 Table 15 Set Down Date Minus Respondent’s Heads Date 152 Table 16 Condonation 153 Table 17 Judgement Date Minus Set Down Date 155 Table 18 The Issue of Adjournment 156 Table 19 The Issue of Postponement 156 Table 20 Judgement Date Minus Appeal Notice Date 157 Table 22 Special Consent City of Harare 162 Table 23 Subdivision and Consolidations City of Harare 166 Table 24 Percentage Change in Costs 170 Table 25 Percentage Change within 5-Year Period 171 III Joel Chaeruka MPhil DIAGRAMS Fig 1 Number of appeal cases by single year 117 Fig 2 Change in number of appeals year by year 118 Fig 3 Cumulative appeal cases 118 Fig 4 Appeal cases by 5-year period 119 Fig 5 Appeal cases and building plans 121 Fig 6 Appeal cases and inflation 123 Fig 7 Cases, rent and building indexes 174 Fig 8 Development control 17 Fig 9 Provinces of Zimbabwe 128 APPENDICES 1. Acts of Parliament and Town Planning Statutory Instruments (Heavily used in Paper) i 2. Act of Parliament Which Require Examination in as far as Determining Whether They Stifle - development or Not iv 3. Planning Appeals Case Register v 4 Planning Appeals Case Sample xix 5. Glossary xxi 6. Analysis of Economic Data xxii 7. The Herald News Paper Prices xxiii 8. Analysis of Population Data xxiv 9. Research Form xxv 10. Subdivision of Land in Rural areas xxvi IV Joel Chaeruka MPhil ACKNOWLEDGEMENT This thesis was made possible by members of staff of the following organisations: in the Department of Physical Planning Mashonaland East office, for bearing with my numerous off-days to conduct research; at the Administrative Court for helping me with information and allowing me to read their files; at the National Archives in Harare, for their assistance; in the Department of Physical Planning in Harare, for availing files for my use and at the Harare City Council, for helping me with the case study. Thank you to Carole Rakodi and Prof Stephen Crow of Cardiff University for their critical thoughts on literature review and data analysis. I also thank University of Zimbabwe staff for their continued support throughout the research period. I only managed to submit my paper on an extended deadline. Lastly, a big thank you to my supervisor, Mrs Davison. She encouraged me to continue even at a time when I thought I could not bear the two workloads at my work place and at College. V Joel Chaeruka MPhil A C R O N Y M S Allied Acts Acts of Parliament in Zimbabwe that Complement the RTCP Act. (See Appendix I) DPP Department of Physical Planning EPZ Export Processing Zone ESAP Economic Structural Adjustment Programme GOR Government of Rhodesia GOSR Government of Southern Rhodesia GOZ Government of Zimbabwe GTPO Government Town Planning Office LA Local Authorities LPA Local Planning Authority NGO Non Governmental Organisation RDC Rural District Council RTCP Act The Regional Town and Country Planning Act Chapter 29:12. This act governs spatial planning in Zimbabwe. (See Appendix 10) TPD 1 Form on which an application for Planning Permission is made (Town Planning Development Form 1 and 2) ZIC Zimbabwe Investment Centre ZIMPREST Zimbabwe Programme for Economic and Social Transformation ZIRUP Zimbabwe Institute of Rural and Urban Planners VI Joel Chaeruka MPhil A B S T R A C T The concern of the study is to document and evaluate the development control process in Zimbabwe. Development control is an interventionist tool used by government to regulate development. This regulatory mechanism has been criticised mostly by developers. The planning environment in Zimbabwe has been and is changing. It is time to take stock and there may be need to improve on it. This study is a step towards critically understanding our planning system through analysing planning appeals. This has been achieved through documenting a brief history of development control. This history gives a background to an analytical view of applications for planning permission that were brought before the Administrative Court.
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