PARKLANDS RESIDENTS OPPOSE NEW COMMERCIAL BUILDING IN THE AREA.

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Excavator on the said property where they wants to build units to commercial (Shops) in Parklands where residents has opposed the construction.

BY NT CORRESPONDENT.

Residents of Parklands and a firm have protested the construction of a commercial property in the neighborhood.

In a letter to the Nairobi county government, the residents and Toshike Construction Company Limited have opposed the proposed Change of User from single residential dwelling units to commercial (Shops) cum apartments.

Through lawyer David Ndambiri, the residents claimed the owner has not obtained required documents from the county government and the ongoing construction should be stopped.

The complaint is addressed to the executive county member for Urban Development and Planning.

The letter states that the owner started undertaking development on the site in November 2022, by demolishing the existing single dwelling residential house and cutting down trees (including indigenous ones) and removing the resultant materials from site.

“At the time of demolition, no development permission had been obtained from the CECM Built Environment and Urban Planning of the Nairobi County Government as statutorily required under the Physical and Land Planning Act 2019,” says the letter to the CEC.

The letter further says the development activities are still ongoing with the owners/developers excavating the land and in doing so, demolishing or bringing down walls next to or adjacent to the construction site.

The lawyer said occupiers and residents of the affected properties are now in real fear that if construction work is allowed to continue, the structure, safety and security of their lives, houses and other properties will be suffer and will be greatly compromised.

The alleged notice.

“Further, it has come to the attention of our clients through a notice dated 26th November 2022 pasted on a concrete pole inside the Subject Property that an application for Change of User from Single Residential Dwelling Unit to Commercial (Shops) cum Residential (Multi-dwelling Units (Apartments) has been, or is intended to be made on the Subject Property,” says the residents.

“Being long-time residents and occupiers of properties next to the Subject Property, our clients are aware that the notice is intended for L.R. No. 209/5665/2 and not 209/5655/2 and that the property is not situated along 6th Parklands Avenue. Our clients also believe that the said notice was placed inside the Subject Property long after 26th November 2022, and so that they and other members of the public will not be aware, and will not be able to raise their respective objections to the proposed change of user,” state the residents.

Lawyer Ndambiri told the CEC that the residents and occupiers strongly object to any change of user of the subject property on grounds that
construction and development commenced long before any development permission or authority had been issued by CECM.

“Any application for change of user should ONLY be considered after the owner/developer FIRST restores the Subject land on which the development is taking place to its original condition or as near to its original condition as is possible,” they state in their letter to the county government.

They added that the subject property is located in an area where there is no existing Nairobi City Water and Sewer Company (NCWSC) sewer line and residents of the demolished house were relying on a septic tank.

They are apprehensive that there is no likelihood or possibility that the septic tank will handle the toilet and bathroom effluents coming from the increased number of users from the commercial building or apartment.

Lawyer Ndambiri adds that the physical location of the subject oroperty makes it extremely hard, or impossible for construction of a privately developed sewer (PDS) line, and there is every risk that sewer disposal will be directed to the neighboring Mathare River.

According to the residents, the Subject property is located in-between other residential properties and a change of user to commercial (shops) will have adverse social, economic and environmental effects and challenges on the residents/occupiers of the said properties.

They further added that the proposed use will have adverse effects on the environment because there will be no room or space to plant trees and other environmental-friendly vegetation.

It is their contention that the physical space of the Subject Property was designed for single residential use and there is no possibility that the space can or will handle an increased population of both people and vehicular traffic and access to the subject property is through a narrow lane and an increased human and vehicular traffic will pose a permanent safety risk to the occupants’ lives and properties.

The residents say there are other areas within Nairobi where developers with the same or similar interests can invest their wealth and resources and not on the subject property.

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