Non-conforming use: If not here, then where?
CDA report says more time needed to coordinate efforts, cites lack of alternative venues to move businesses.
The CDA cited health and education facilities as examples of hard-to-relocate businesses. PHOTO: Stock Image
ISLAMABAD:
The Capital Development Authority (CDA) has told the Supreme Court that it is not possible for the civic agency to address all non-conforming use of residential properties in the short span of time given due to the lack of alternative spaces to operate the businesses from.
The CDA cited health and education facilities as examples of hard-to-relocate businesses.
The CDA Planning director submitted a report in the apex court stating that in view of the ongoing activity, a considerable time frame is required to complete addressing non-conforming uses of residential properties.
The report shows that known instances of non confirming use have reduced and 567 houses have been brought into confirming sue, leaving 1,695 cases that still need to be addressed.
The document lists 352 educational institutes, 177 guest houses, 121 hostels, 658 offices, 150 shops, 68 clinics, 15 hospitals, 53 beauty parlours, 56 restaurants, and 21 showrooms operating out of houses, with another 24 operations also listed under ‘miscellaneous’.
The CDA further informed that it has recently started operations against non confirming use, adding that notices have been issued to all the violators and the cases of persistent violators have been referred for further action under CDA rules.
Moreover, the report shows that 28 operations have been carried out to remove signboards, illegal sheds and other violations.
In order to discourage non confirming use, the report further states that the estate management wing has also initiated the process of cancelling plot allotments for violators, with 18 allotments cancelled so far over non-conforming use, and more cases in the process.
The report further reveals that the CDA is planning to develop more commercial and civic buildings in sectors F-8, G-8, F-9, G-9, E-10, F-10, E-11, and F-11, and Blue Area.
The report adds that after a 2010 amendment in the ICT Zoning Regulations, civic and commercial areas are also being planned and allowed in Zone-4 of Islamabad, which includes Chak Shehzad, Bani Gala and other nearby rural and suburban areas.
The CDA has admitted that granting permission to change or convert residential units into commercial ones will have a negative impact on the environment, while Blue Area, markets and shopping centres will lose significance and value, adding that the traffic hazards would become common in residential areas.
Regarding the clearance roads and footpaths blocked by the embassies, the CDA states that a survey has been conducted to determine the nature of encroachments along the peripheries of diplomatic missions, embassies, and ambassadors’ residences in residential sectors, as well as inside Diplomatic Enclave.
It is also stated that a meeting was also held on February 11 at the office of the dean of the diplomatic corps with regional deans, and foreign ministry representatives, wherein it is was decided that any action would be taken in a coordinated manner among all the stakeholders, and the cases of each diplomatic mission would be analysed individually and in view of the security concerns of the respective foreign missions.
On the removal of blockades, the report says that 62 illegal barricades have been removed from the capital’s roads and that efforts are under way to remove the remainder.
It also pointed out that schools, colleges, hospitals, Imambargahs, churches, and a few mosques and other buildings have legitimate security concerns.
The report further states that although the capital police did not provide a written report on the removal of blockades, CDA field staff found that 60 roadblocks in different sectors have been cleared by the police, and while the remaining are still in place due to security reasons.
CDA Enforcement Director Captain (retd) Shahbaz Tahir told The Express Tribune the authority had sought more time from the apex court because the agency and other stakeholders needed to coordinate their work. He said after the February 11 meeting, officials from different embassies assured the foreign office that they would shift any embassies in residential sectors to the Diplomatic Enclave. “The apex court order will be followed in letter and spirit but the government also has to maintain good relations with foreign countries [through their diplomatic missions],” he added.
A three-member SC bench, headed by Justice Jawwad S Khawaja, is hearing an appeal filed by a consultant firm against an Islamabad High Court order which had rejected a plea by the company against a notice served upon it by CDA for using a residential plot in Sector F-7 as its office.
Additional reporting by Obaid Abbasi
Published in The Express Tribune, March 1st, 2015.
The Capital Development Authority (CDA) has told the Supreme Court that it is not possible for the civic agency to address all non-conforming use of residential properties in the short span of time given due to the lack of alternative spaces to operate the businesses from.
The CDA cited health and education facilities as examples of hard-to-relocate businesses.
The CDA Planning director submitted a report in the apex court stating that in view of the ongoing activity, a considerable time frame is required to complete addressing non-conforming uses of residential properties.
The report shows that known instances of non confirming use have reduced and 567 houses have been brought into confirming sue, leaving 1,695 cases that still need to be addressed.
The document lists 352 educational institutes, 177 guest houses, 121 hostels, 658 offices, 150 shops, 68 clinics, 15 hospitals, 53 beauty parlours, 56 restaurants, and 21 showrooms operating out of houses, with another 24 operations also listed under ‘miscellaneous’.
The CDA further informed that it has recently started operations against non confirming use, adding that notices have been issued to all the violators and the cases of persistent violators have been referred for further action under CDA rules.
Moreover, the report shows that 28 operations have been carried out to remove signboards, illegal sheds and other violations.
In order to discourage non confirming use, the report further states that the estate management wing has also initiated the process of cancelling plot allotments for violators, with 18 allotments cancelled so far over non-conforming use, and more cases in the process.
The report further reveals that the CDA is planning to develop more commercial and civic buildings in sectors F-8, G-8, F-9, G-9, E-10, F-10, E-11, and F-11, and Blue Area.
The report adds that after a 2010 amendment in the ICT Zoning Regulations, civic and commercial areas are also being planned and allowed in Zone-4 of Islamabad, which includes Chak Shehzad, Bani Gala and other nearby rural and suburban areas.
The CDA has admitted that granting permission to change or convert residential units into commercial ones will have a negative impact on the environment, while Blue Area, markets and shopping centres will lose significance and value, adding that the traffic hazards would become common in residential areas.
Regarding the clearance roads and footpaths blocked by the embassies, the CDA states that a survey has been conducted to determine the nature of encroachments along the peripheries of diplomatic missions, embassies, and ambassadors’ residences in residential sectors, as well as inside Diplomatic Enclave.
It is also stated that a meeting was also held on February 11 at the office of the dean of the diplomatic corps with regional deans, and foreign ministry representatives, wherein it is was decided that any action would be taken in a coordinated manner among all the stakeholders, and the cases of each diplomatic mission would be analysed individually and in view of the security concerns of the respective foreign missions.
On the removal of blockades, the report says that 62 illegal barricades have been removed from the capital’s roads and that efforts are under way to remove the remainder.
It also pointed out that schools, colleges, hospitals, Imambargahs, churches, and a few mosques and other buildings have legitimate security concerns.
The report further states that although the capital police did not provide a written report on the removal of blockades, CDA field staff found that 60 roadblocks in different sectors have been cleared by the police, and while the remaining are still in place due to security reasons.
CDA Enforcement Director Captain (retd) Shahbaz Tahir told The Express Tribune the authority had sought more time from the apex court because the agency and other stakeholders needed to coordinate their work. He said after the February 11 meeting, officials from different embassies assured the foreign office that they would shift any embassies in residential sectors to the Diplomatic Enclave. “The apex court order will be followed in letter and spirit but the government also has to maintain good relations with foreign countries [through their diplomatic missions],” he added.
A three-member SC bench, headed by Justice Jawwad S Khawaja, is hearing an appeal filed by a consultant firm against an Islamabad High Court order which had rejected a plea by the company against a notice served upon it by CDA for using a residential plot in Sector F-7 as its office.
Additional reporting by Obaid Abbasi
Published in The Express Tribune, March 1st, 2015.