The Town Clerk

Chongwe Council

Civic Centre, Great East Road

P.O. Box 1

Chongwe

 

Tel: +260 11 620 031

Public Relations Unit: 0977 464 325​ / 0979 088 026

Email: chongwedistrictcouncil@gmail.com

 

Attention: Mr. Dawson Mukwato

 

Dear Sir/Madam,

 

Re: Petition to Prohibit and Remove Commercial Activity in the State Lodge Area

 

We, the residents of the State Lodge area wish to petition against the construction of commercial buildings and establishment of commercial activities in our residential community. 

 

This petition aligns with the Chongwe Municipal Council's responsibilities under Zambian law, specifically referencing the Local Government Act and related zoning and building regulations.

 

Functions of Local Authorities (Councils):

 

The Council derives its mandate from the Local Government Act which lists the following as overall functions of Local Authorities:

 

·       Prohibit and control the use of land and erection of buildings in the interest of public health, safely and orderly development of the Council area;

 

·       Prohibit and control activities that contravene zoning regulations, generate noise, hazardous materials and other pollutions in a defined residential neighborhood.

 

·       Demolish or remove buildings which are a danger to public health or safety and do not conform to plans and specifications approved by the Councils;

 

Key Points of Concern:

 

Violation of Zoning Regulations: According to the Zambian Urban and Regional Planning Act No. 3 of 2015, land use must adhere to zoning regulations. The State Lodge area is designated for residential use, and the erection of a commercial building or undertaking commercial activities, contravenes these regulations.

 

Non-Compliance with Building Permissions: Under the Urban and Regional Planning Act, all constructions must conform to approved plans (Part V, Section 35). The proposed commercial building does not align with the plans and specifications approved by the Council, for construction of residential or agricultural buildings, thus violating this provision.

 

Impact on Residential Integrity and Public Welfare: The introduction of a commercial entity in a residential zone disrupts the community's tranquility, infringes on residents' rights to a peaceful living environment, and potentially endangers public health and safety, contrary to the Local Government Act's mandate for orderly development.

 

Breach of Duty by the Council: As per the Local Government Act, the Council is responsible for ensuring that all constructions are safe, healthy, and in line with approved plans. The ongoing construction breaches this duty, warranting immediate Council intervention.

Security, Environmental Protection and Access Control

In addition to the foregoing concerns, we request the Council’s approval and support for the installation of controlled access security booms at the following entry points: 

(i) State Lodge Road / Kumpili Road junction, 

(ii) Palmabana Road / Red Bishop Road,

(iii) State Lodge Road / Musuku Road junction. 

This is necessitated by a marked deterioration in security within the neighbourhood, including frequent house robberies, vandalism and theft of ZESCO infrastructure — particularly transformers — as well as the use of these access routes by persons engaged in illegal and unapproved construction activities. 

The uncontrolled access has significantly increased criminal movement through what is a designated low-density residential area and has severely compromised the safety of residents and their property.

Further, the same unrestricted access has facilitated encroachment and deforestation of Gazetted Forest Reserve No. 27, an environmentally sensitive area that serves as a critical headwater recharge and aquifer support system for the Chalimbana River. Continued illegal land-use, subdivision and construction in this area pose serious risks to groundwater sustainability, public infrastructure and environmental protection. In accordance with the Council’s obligations under the Local Government Act No. 2 of 2019 and the Urban and Regional Planning Act No. 3 of 2015 to safeguard public safety, regulate land use and ensure orderly development, we respectfully request the Council to authorise the proposed security measures and to take enforcement action against unlawful activities occurring within the area.

Actions Requested:

 

1.     Immediate halt of the construction based on the violation of the Urban and Regional Planning Act and non-adherence to the zoning regulations.

 

2.     Review of the building permissions granted, ensuring alignment with the Local Government Act and Urban and Regional Planning Act.

 

3.     Enforcement of appropriate measures to rectify this contravention, which may include demolition or wholescale re-modification of the structure as per the Council's regulatory powers.

4. Approval of Security / Access Barriers at designated points to appropriately monitor traffic through this area.

 

We implore the Chongwe Municipal Council to act swiftly in upholding the laws and regulations governing land use and construction.

 

The well-being of our community and the integrity of residential zoning rely on your prompt and decisive action.

 

Thank you for addressing this critical issue with the urgency that it deserves.