As Developers Flout Extant Planning Laws

With the disastrous collapse of the Fourscore building in Ikoyi recently, Lagos residents are now conscious of their environment. ISAAC ASABOR writes about the concerns of residents of Osborne on how developers are flouting extant laws.

Residents of Osborne Foreshore II under the aegis of Osborne Foreshore Residents Association (OSFRA) have on Monday highlighted their plight in the hands of developers and appealed to the Lagos State Government under the leadership of Governor Babajide Sanwo-Olu to immediately stop all contraventions at the ongoing construction projects by some developers within the estate.  In the same vein, the association also called for the commissioning of a detailed planning audit and structural integrity appraisal of all developers and foreshore waters by the Ministry of Physical Planning and Urban development.
While addressing journalists on Monday, the Chairperson, Board of Trustees, OSFRA, Chinwe Ezenwa-Mbah, stated that the untoward activities of some developers in the estate, who defiantly contravene extant law on estate planning, have thrown not few residents of the estate into a state of trepidation.
As contained in her address, “By way of quick introduction, Osborne Foreshore Two Estate Ikoyi, is a tract of land along the shores of Lagos Lagoon. It was developed and managed by the FMW&H until it was transferred to Lagos State. Documents show that it was originally envisioned as a low-density residential estate with the height of buildings limited to low rise because the estate, in most part, sits on reclaimed (sand-filled) land. With the transfer of the estate to Lagos State, approval orders were introduced which altered the original concept of the estate by the introduction of institutional and mixed-use developments.  The increase in heights of buildings was first introduced along Royal Palm Drive, the main arterial road into the estate.  The load-bearing capacity of land in this area was adjudged good enough for the review. Later the height increase was extended to the entire estate and duly and legally captured in various approval orders and planning guidelines.
She lamented that presently the estate is experiencing rapid development, saying that from a population of about 10 households, 15 years ago, that the estate is now in the region of 220 households and still growing.
She added that “The kernel of this press conference is to highlight the untoward activities of some developers in our estate, who glaringly contravene all known approval orders and claim to have the appropriate planning approvals from the Lagos State regulatory agencies.
“They brazenly declare, at every interaction with the OSFRA or whoever may choose to inquire, that they are not in contravention of any Lagos State Planning law.
“All requests by OSFRA to sight the planning approval authorising their developments are always rebuffed with the posturing that we do not have the legal right to request their planning approvals.
“The principal among these developers is Messrs Lekki Gardens Estate Limited, whose promoter is Mr Richard Nyong. They are currently in the process of constructing over 10 high rise buildings in our estate; all in violation of extant planning laws of Lagos State. Their constant refrain of not being in contravention of any planning law has compelled us to search for the meaning of the word – Contravention,” the residents said.
Against the foregoing background, she said the developers, particularly Messrs. Lekki Gardens Estate Limited, have misconceived the meaning of Contravention which she defined as “To offend against a prohibition or order of a law, treaty or code of conduct”. If this definition applies to Lagos State, “then we hereby state and emphatically declare that Messrs Lekki Gardens Estate and all its subsidiaries /agents are present and actively engaged in the contravention of various guidelines stipulated in the subsisting approval order of Lagos State.
Ostensibly buttressing her point that the developers, with particular reference to Lekki Gardens, is not in any way satisfying its clients by not putting its customers first in her business activities, and by that not customer-centric as it has continued doing its businesses in a manner that is bereft of a transformational approach to the Nigerian real estate market, she said there are just a few illustrations which are evident in 10 of their developments.
First among the pieces of evidence is the density levels which she described as the number of dwelling units in virtually all Lekki Gardens developments and explained that they are far more than what is allowed under the subsisting Approval Order.  She said, “This is the cardinal contravention by Mr Richard Nyong’s Lekki Gardens. (A document will be circulated to you to show the list of buildings in contravention of this very basic planning guideline of Lagos State. A guided tour can be arranged, if you so desire).
In a similar vein, she said the Parking Provision which has the planning guideline that stipulates that at least 2 parking spaces must be provided per dwelling unit, and lamented that the extant rule is being violated with impunity, and noted that some of the parking spaces provided are not accessible to vehicles; as the provisions are mere markings on pieces of paper.
She added that the building area coverage by the plot of land which is the provision that provides for 40% maximum building coverage of the site, is violated on most of Lekki Garden’s projects, saying that in most cases, 60% to 70% of the plot size is built up contravention of the law.
On the Setback and airspaces, she said the 9m set back and 60m air space provision is being violated in several Lekki Gardens’ developments thereby creating a choking effect along the streetscape. Another aspect of violations by Lekki Gardens Estate highlighted by Ezenwa-Mbah cut across a distance of buildings to the Lagos Lagoon shoreline where applicable, erection of structures on perimeter fence walls, sewage treatment plant and encroachment into public land.
In the same vein, she said laws that are violated border on fire rating and firefighting facilities in their developments, hydrants with sprinklers or a special floor per development coupled with the absence of Environment Impact Assessment (EIA) reports and absence of various dilapidation surveys.
At this juncture, she asked, “With the above, can Lekki Gardens continue to claim that they are not in violation of Lagos State Planning laws? We believe the above clearly illustrate the contraventions by Lekki Gardens Estate Limited”.
Ezenwa-Mbah explained that the Commissioner for Physical Planning, Dr Idris Salako, recently visited a “Contravention Site” and sealed up the site; only for it to be re-opened a few days later; and Lekki Gardens has continued with the contraventions unabatedly, and warned that the development is reminiscent of the story being told about the recent collapsed building in Ikoyi.
She reiterated that the association would like to draw attention to a mindset that seems to be gradually creeping into the parlance of some persons who may be relevant to the administration of the sustainable developments of Lagos.
Against the foregoing backdrop, she urged the Lagos State Government under the leadership of Governor Babajide Sanwo-Olu to urgently call for an immediate stoppage of all the contraventions, also seek the commissioning of a detailed planning audit and structural integrity appraisal of all Lekki Gardens Projects/Foreshore Waters, by the ministry of physical planning and urban development, to enforce the extant laws of Lagos State.
She asked that all identified contraventions be removed forthwith in the interest of the generality of the public, including the potential subscribers or prospective owners of the various dwelling units contained in all the aforementioned developments.
Lekki Gardens management in a terse reaction said its organisation has been long in the business in the state and has always conducted its business according to the governing law.
*Source: Independent