Determination of The Major Challenges of Compliance to Set Standards for Establishment of Petroleum Filling Stations in Anambra State

J O Ulasi ,B O Uwadiegwu ,C.o Okoye

doi:10.7176/jees/10-2-10

Abstract

Considering the high level of non-compliance of petroleum filling stations to the set standards by DPR, NESREA and the Anambra State Physical Planning Board/Local Authorities, this study emerged to determine the major challenges of compliance to set standards for establishment of petroleum filling stations by the petroleum filling stations in Anambra State. This study adopted the survey research design. This involved the use of well-structured questionnaire(s) to generate data by ascertaining first-hand information from the general public (non-professionals) and professionals in town planning and development control. 60 professionals and 400 households were sampled. The mean cut-off of 3.0 was calculated from the adopted 5-point likert scale to ascertain the major challenges. After harmonizing the opinion of the Professionals with those of the general public (Non-Professionals), the main challenges to compliance with set standards in the study area were found to include the following: Scarcity of land, Fear of relocation from original business site, Construction or expansion of roads after the petrol station has been constructed, Competition for business sites/spaces, High cost of land, Difficult land acquisition processes, Corruption of law enforcement agents, Improper urban planning, Ignorance of the after effects of activities by the developers, Failure of the Government to properly monitor activities of the filling stations and Godfathering and inequity in enforcing the set standards. The study thus recommended that: there should be strict monitoring of the development control practices and agencies by the government; Scaling down the requirements to be met by developers before land is acquired to aid easy relocation in the case of business expansion will aid compliance; review of standards that are inconsistent with the present day need of urban development will make the present day developers more compliant to these standards. Also ensuring free and fair judgment on all concerned regardless of who owns the petroleum filling station or who is involved (primacy to the rule of law), will restore discipline and enhance compliance. KEYWORDS: Challenges of compliance, set standards for establishment of petroleum filling stations. DOI: 10.7176/JEES/10-2-10 Publication date: February 29 th 2020

Highlights

1.1 BACKGROUND TO THE STUDYDevelopment control, as defined by various authors, refers generally to the use of legal instruments designed to safeguard, regulate, conserve and disburse land or part thereof in the interest of the community
After harmonizing the opinion of the Professionals with those of the general public (NonProfessionals), the main challenges to compliance with set standards in the study area were found to include the following: Scarcity of land, Fear of relocation from original business site, Construction or expansion of roads after the petrol station has been constructed, Competition for business sites/spaces, High cost of land, Difficult land acquisition processes, Corruption of law enforcement agents, Improper urban planning, Ignorance of the after effects of activities by the developers, Failure of the Government to properly monitor activities of the filling stations and Godfathering and inequity in enforcing the set standards
According to Mustapha (2015), the legal provisions and scope for development control practice in Nigeria stem from the Nigerian Urban and Regional Planning Act 1992 that allows for all tiers of government to exercise development control; other sources of control and enforcement include bye-laws, regulations, guidelines, official gazettes, circulars and the National Building Code/Development Control manual specifications for every proposed development

Summary

Introduction

Development control, as defined by various authors, refers generally to the use of legal instruments designed to safeguard, regulate, conserve and disburse land or part thereof in the interest of the community. It is defined as the regulation of use of land within an area (Thomas 2001; Bogoro and Nghalmi, 2014). For the Petroleum Filling Stations, the agencies whose standards should be complied with includes: DPR, NESREA and the Anambra State Physical Planning Board/Local Authorities. The non-compliance of petroleum filling stations to the set standards by these agencies, gave rise to the quest for the factors or challenges militating against the compliance to these standards, this study

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