MOKA DISTRICT COUNCIL

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The Land Use and Planning Department

About
Exempt Development
Application for BLP
BLP Guide
About

The District Council of Moka is responsible for orderly development within the Moka District Council area and as such receives, process and delivers permits for all development.

The Local Government Act 2011 has streamlined procedures for the issue of permits. Consequently, the procedures for processing development proposals and been considerably simplified. The Development and Building Permits formerly issued under the Town and Country Planning Act 1954 and Building Act 1919 have been replaced by a single permit known as the ‘Building and Landuse permit’ (BLP).

Section 117(7) of the Local Government Act 2011 has imposed a legal obligation on the Council to issue a permit within 14 days.

Building and Landuse Permit (BLP).

A BLP is required for the carrying of any of the following development, namely:

  1. Construction of new residential, commercial, industrial buildings;
  2. Extension/renovation to existing buildings
  3. Change of use of a building from one cluster to another; and
  4. Land development comprising of division in kind among heirs and excision of land.

Local Authorities are now processing and issuing permits within 14 days from the date of application.

Exempt Development

The Local Government Act has made provision for exempt development, that is, development that does not require a BLP.

A BLP will not be required if the following circumstances:
1.The development is exempted under a Planning Policy Guidance (PPG) if it involves Small scale enterprise/office activity that is carried out in the home without modification of the dwelling provided the following criteria are satisfied
a.Daily vehicle movement to site is limited;
b.There is no adverse external nuisance;
c.Loading & unloading is not disruptive to amenity of the residential area;
d.Operator of enterprise resides on the premises;
e.Adequate parking is available; and
f.All materials can be safely stored on site.

or 2.if you change the use of a building or commercial, industrial or services unit to another use falling within the same cluster as per 11th Schedule of the Local Government Act 2011; and your change of economic activity within the same cluster does not result in:

    • direct or indirect dangerous or congested traffic conditions on any nearby street or road;
    • adverse external nuisance such as noise, dust, smell, fumes, soot, ash, vibration or any other similar nuisance;
    • loading and unloading causing disruption to the amenity of the surrounding neighborhood;
    • inadequate parking on site for staff and visitors;

IMPORTANT NOTE: Industrial uses such as panel beating & spray painting, manufacture of furniture & vehicles repairs are not normally acceptable uses within residential areas.

Application for BLP

Applications are received on prescribed forms available at reception desk of any Land Use and Planning department of any local council across the country or may be downloaded in the download section. The application forms should be correctly filled in and be submitted together with all documents that equally listed on the application form.

BLP Guide

The Building and Land Use Permit Guide (BLP Guide)

The BLP Guide is a handy document prepared to help you submit your application and understand the planning system. It provides a step by step guidance from submitting an application, procedures followed in determination of the application, to the issue of the BLP

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