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Sealed buildings in Yenagoa
#1
A team of the Bayelsa State Physical Planning and Development Board led by the Director of Admin. Dr Stanley Sokari has Sealed Udeme Hotel, Stop over cash, Delasantos Supermarket, National Social Insurance Trust Fund, and Several other buildings in the State, for failure to subject the bulidings to technical, safety and integrity test. The essence of the sealing is to ensure controlled, planned and enhance Physical Development of infrastructures across the state.
For those who care to know.
(i) Section 97 of the Bayelsa State Physical Planning and Development Law defines development as “the carrying out of any building, engineering, erections, constructions, mining, drilling, filling or other operations, temporary or permanent, in, on, over or under any land or land saturated/seasonally covered by water, or the making of any environmentally significant change in the nature and use of any land.”
(ii) Section 34, Subsections (2),(3) and (4) among others, grant all powers to carry out any form of physical development (as construed above) and approval of permits on the Board. Specifically, Section 34 (6) of the Law states that “notwithstanding any provisions in any law or laws in the country, government or its agencies involved in any physical development within the state shall obtain approval from the Board.”
(iii) More emphatically, Section 36 (3) of the Law warns that “any development commenced or continued under this law by any person, Government or its agencies, company, organization without first obtaining a development permit from the Control Department shall be deemed to be illegal and such persons or its officers, as the case may be, shall be deemed to have committed an offence punishable under this law”.
(iv) Section 59 gives the Board the powers “to serve an enforcement notice which shall include any or all of the following: Notice of Contravention; Demand Notice; Notice to Stop Work or Stop Work Order; Notice to Quit; Notice to Seal Up and or Notice of Demolition on the developer or owner of any development, whenever development commences or have been completed without obtaining a development permit.
(v) Section 59 (2) states that “An Enforcement Notice may be served at any time in order to enforce compliance to the provisions of the Law, not withstanding that the development commenced or took place before the commencement of this Law”.
(vi) Section 67 (a) states that the Board “may seek or obtain an ex-parte order for eviction from either a Magistrate Court, Planning Tribunal or State High Court and shall effect the eviction of the developer or the occupants of the development from the unauthorized development to conduct an environmental, health, technical integrity and safety checks on such development for the overriding public interest.
(vii) Section 67 © states that “it shall be an offence to refuse, resist or obstruct enforcement of a lawful order for an eviction issued under paragraph (a) of this subjection. Offenders shall be liable upon conviction to 3 months imprisonment with an option of N100,000.00 fine or both imprisonment and fine concurrently.
The above implies that any physical development activity carried out in the state by both public and private institutions, involving the provision of power lines, power stations, sewage systems, drainage channels, construction of roads, houses, culverts, bridges, erection of billboards and telecommunication masts among others, without first obtaining a development permit is a contravention of the law.


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Sealed buildings in Yenagoa - by admin - 04-05-2019, 09:49 AM



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