Plate 9.5: Gas Welders Working along Madzindadzi Road
2.8 Brief Review of Planning Law
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upkeep of the environment (Van Wyk, 1999). It must be observed that planning law is not only concerned about regulating the physical aspect of the environment, but also the socio−economic aspects.
Planning law aims to balance two diverse interests; private and civic interests (McAuslan, 1980). On one end, the ideology of private interests seeks to advance, safeguard and realize the rights of property proprietors who are, mostly driven by the profit motive. On the other, the ideology of public interests seeks to safeguard, respect and fulfil rights of the public. The presence of diverse interest renders struggles of interests inevitable. Since planning law sets planning parameters, it is used to resolve conflicts amongst stakeholders (private, public and the government). The fundamental concern of the law of planning is to provide technical foundation for creating, organising, coordinating and controlling developments. It is also critical to note that planning law helps in setting parameters for taxation through zoning (Wekwete, 1989). The primary concern of this study is to compile comprehensive information that is used by relevant authorities to collect tax from the informal sector. The broadness of planning law is theoretically complex and practically controversial, but is justified by its founding principles of spatial planning (Chaeruka, 2002).
2.8.2 Historical Justification of Town Planning Goals
Tracing competition for space through historical lens perhaps explains the planning thought and practice. Planning principles can be traced back to the ancient Greek and Roman cities where the structure of settlements was designed to promote order, health, security and safety.
Some decades back, one scholar argued that settlement layout and pattern is a way of life because it is shaped by politics of the day (Curl, 1970). The same argument recently resonated in trending concepts in urban informality (Roy, 2009; Yiftachel, 2009). Furthermore, it has
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been observed that around AD64 the Romans set planning regulations aimed at promoting the living conditions and welfare of people with the view of minimising dangers of fire and collapse of buildings (Mumford, 1938). By then, the maximum height of buildings was set at approximately 21 meters.
Another notable milestone in the account of town planning is the industrial upheaval in Britain of the late nineteenth era. Through this era, there was growth in manufacturing activities which led to over concentration of industries and settlements adjacent to industrial sites. Serious health problems presented themselves and awakened planning authorities to consider separating industrial and residential land uses (McAuslan, 1980; Heap, 1996). Zoning laws were enacted to promote order and public health. Back then, it was argued that town laws of planning were pushed forward to ease problems of informal settlements that organically mushroomed around industries (Harverfield, 1913 quoted by Chaeruka, 2002). The next chapter offers a normative review of the provisions of planning law on informal manufacturing.
This is crucial in setting the tone for a reasonable assessment of the normative issues and practical realities.
2.8.3 Informal Manufacturing and Planning Law: A Normative Perspective
This subsection outlines the necessities of planning law in Zimbabwe regarding the informal trade sector. The RTCPA [Chapter 29:12] provides a general plan of the procedure and management of developments. The pillars of the RTCPA [Chapter 29:12] have a huge bearing on informal manufacturing include Part IV on principal and local plans, Part V on development control and Part VI on subdivisions and consolidations. Preceding sections of this chapter have dissected the informal trade sector with the view of improving on the appreciation of the complex subjected. Particularly, Section 2.5.4 brought to light how clustering of informal
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activities in space have wider concentrated geographical impacts. In such cases, the Local Planning Authority (LPA) is mandated, under Section 13(1)(b) of the RTCPA [Chapter 29:12], to undertake a fresh research of the development area or neighbouring areas investigating concerns such as violation of existing master or local plans. Such studies will enable a LPA to plan from an informed viewpoint after ascertaining the extent of violation.
Part III of the RTCPA [Chapter 29:12] gives LPAs power to operationalize and alter existing principal and local plans. Where a violation of some sort exists, the LPA can issue a warning, or issue a prohibition order according to Section 34, or enforcement order in line with Section 32. If the affected person is aggrieved with the resolution of the LPA, they can petition the Administrative Court in line with Section 38 of the RTCPA [Chapter 29:12]. If the affected part does not act as specified in prohibition or enforcement orders, and or does not petition against the specifications of these orders, the LPA can seek a court order to demolish or stop activities contravening the operative master or local plan.
The cluster theory, Section 2.2.2, explained the force and interaction of firms in a given geographic area. In context of informality, this concentration can, at times, be against the requirements of the law as described in Sections 2.5.4 and 2.5.5. The RTCPA [Chapter 29:12], through its Part VI, clearly outlines the conditions under which land parcelling should take place. Holders of land parcels cannot just parcel out or consolidate pieces of land short of the permission of the LPA. Any subdivision or merging of land carried out devoid of a permit from the LPA is considered as unlawful and is due for enforcement. If an application of subdivision or merging of property is turned down by the LPA, the aggrieved part can petition against the judgment of the LPA to the Administrative Court in line with Section 44 of the RTCPA [Chapter 29:12].
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Requirements of the RTCPA [Chapter 29:12] are expanded in SIs. The SI 216 of 1994 importantly expands on use groups in manufacturing. It must be highlighted that SI 216 of 1994 only provide for ‘use groups’ 4 (service industry), 5 (warehousing and general industrial use) and 6 (storage and special industrial use) where such activities are may possibly not injure amenity of an area due to noise pollution, fumes, smoke, waste water or dust. The study areas (the Complex, Gazaland and Siyaso) are all in residential areas as stated in passing is Section 1.5 and expanded in detail Section 3.5.2. As such, issues surrounding manufacturing in these spaces are governed by SI 216 of 1994. Finer information on the implementation of development plans are detailed in the Design Manual of 2004. Of importance, any development next to a river should be at a distance of at least 30 metres from the river (GoZ, 2004). This standard is essential since two of the research sites, Siyaso and the Complex, are next to a water course and river respectively.
As stressed in Section 2.5.4, in Zimbabwe, development plans are designed with the view of fulfilling the chief object of the RTCPA [Chapter 29:12]. The Act stresses that standards contribute towards promoting safety, order, aesthetics, health, amenity, welfare, convenience, efficiency and public interests. Parts IV, V and VI of the act provide for master and local planning, development control, and subdivisions and consolidations, respectively. These parts set how issues on such matters should be exercised in the country. Despite the clarity of the framework for planning in managing activities that violate the requirements of planning law, the informal trade sector appears to be ‘free riding’ than anything, making it difficult to collect tax (Chirisa, 2007; Dube and Chirisa, 2012). It is envisioned that if the accurate location of informal trade operators is established, parameters for collecting tax from this informal trade sector can be set from an informed viewpoint. As such, this research used a spatial statistical strategy to accurately locate and analyse informal industrial activities in Harare. The next part
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