'Establishment of haphazard shopping malls must stop'

SHOPPING malls appear to have become the new trend in most towns and cities across the country. However, while this is a global trend and welcome development, concerns have been raised by various experts, as some of the supposed malls have neither been approved by the relevant authorities nor do they meet the required minimum standards to operate. Following our article published on June 4, 2023, titled "Lurking danger as shopping malls sprout", PRINCE MUSHAWEVATO (PM) engaged Local Government and Public Works Deputy Minister DR MARIAN CHOMBO (MC) to shed more light on the issue. Below are excerpts from the interview.

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PM: Most spacious buildings in local towns and cities are being converted into "shopping malls". What is your take on this trend?

MC: The Government acknowledges that the urban economy is fast transforming. It also remains supportive of the emerging needs that are resultant and natural to this growing trend, especially with the increasing space, both geo-spatial and economic, that the small and medium-sized enterprises sector is currently taking.

Mall development has also become popular globally as it promotes mixed use development and maximum utilisation of space within an environment that is actively encouraging densification and walkability as key urban design and development principles. It is, however, imperative that business premises accommodating these malls be properly planned, inspected and maintained according to relevant statutes and council by-laws.

PM: You can carry on.

MC: The current haphazard and illegal partitioning of buildings into shopping malls needs to be stopped as it exposes traders and their clientele to increased risk of fire, disease outbreaks and other hazards.

The increased densities and human traffic frequenting such malls should be supported by a corresponding increase in the provision of sanitation, ablution, ventilation, fire exits and power facilities et cetera, hence the great need for property owners to submit detailed plans for approval by local authorities, outlining how the floor space is going to be utilised.

Local authorities and other related service providers may then determine and facilitate the provision of the exact services required.

PM: Are existing and new malls regularly inspected?

MC: Local authorities, as part of their development control and enforcement mandate, have been making routine inspections of all business operations within their areas of jurisdiction.

For instance, this has been done through the rounds the health inspectors and development control officers, including municipal police officers, are always making. These are currently understood to include mall operations.

These inspections are considerably sufficient for the task of ensuring that malls meet minimum requirements for operation.

PM: What are the correct procedures for changing business use of a premise?

MC: Depending on the original use of the property, change of use of premises can be carried out through Section 26 of the Regional, Town and Country Planning Act (Chapter 29:12) of 1996 if the new mall use is materially different from the original use or varies from the provisions of an operative master/local/layout plan. In other instances, if the original use was reserved for public use, for example, as a school, clinic or local authority purposes, change of reservation may need to be approved by the Minister responsible for Local Government.

PM: Are the procedures being followed?

MC: It has been noted that most of these malls are being established in existing commercial buildings, which do not require any conversion in terms of land use zones already allocated. Currently, a mall remains commercial use in terms of town planning.

The internal partitioning that then results from the development of these malls should, however, be subjected to health and fire risk assessments by local authorities, according to existing by-laws, as the increased human traffic into buildings initially meant to accommodate lesser flows becomes a matter of public interest.

Any adjustments to the existing floor plans of a commercial building should be sanctioned by the relevant local authority before operations commence, hence by way of procedure, fresher building plans should be submitted and approved first, with new conditions on the development permit imposed. A local authority may use its discretion to issue a public notice on the proposal if there is need, for instance, if there is an anticipated increase in vehicular traffic or noise nuisance to the neighbourhood resulting from the establishment of this mall.

PM: How is Government supporting proper development of shopping malls?

MC: Government is currently seized with a nationwide rollout of urban renewal projects, which may include a regulated conversion of existing commercial buildings into malls in response to global trends, as well as the increased local demand for the same. Standards for construction of new malls are also being crafted in support of this growing trend. Local authorities, in the meantime, are also encouraged to actively stay abreast of the ever-transforming socio-economic environment so that they provide the required support.

Their by-laws should always be up to date and adequately responsive to these emerging needs.