Over the next few months it is almost certain that residents / owners of property in the Golden Triangle, Trafalgar Park and the residential sections of New Kingston will be bombarded by persons and/or organizations seeking to enlist their support in changing the character of the neighbourhood to something more reflective of their narrow self interests. This must be resisted on several levels.
The Infamous NEPA Meetings
Residents of the Golden Triangle (Seymour Lands) and New Kingston have been engaged in dialogue with NEPA through their citizens associations and in the case of Seymour Lands by way of dialogue through a Public Meeting on August 21, 2006 at the PCJ Auditorium and then by way of additional dialogue over a period of at least six (6) months through a joint select monitoring committee. Further, the New Kingston Citizens Association has had additional dialogue with representatives of the Town and Country Planning Authority (TCPA) for which body, NEPA provides technical support. The outcome of all this dialogue has not been encouraging, as to date no single worthwhile achievement can be identified. NEPA proposed changing setback distances and substantially altering density ratios in the community which were soundly rejected as a setback distance of a mere five (5) feet per floor from the boundary line was deemed untenable and increasing the density up to 50 habitable rooms per acre, nonsensical. However, it is apparent that these are exactly the guidelines and specifications being currently provided to developers, who wish to engage in construction in the above-named areas. The impact of this to date is around for all to see. Apartments being constructed and creating overshadowing over as much as 50 percent of their immediate neighbour’s premises is part of the new reality of the communities and when they are approached the standard refrain has become "we are responding to development pressures". Even when there are clear breaches, NEPA has a strategy which dictates that enforcement notices cannot be served unless both tenant and owner are on the premises at the same time.
Poor Judgment
This seemingly highlights poor judgment and in some cases borders on being obtuse, on the part of the State Agencies and indeed suggests a fleeting relationship with the law. This, as it is ludicrous to believe that a law could be enacted with no reference to the citizens but which, by its very nature, impinges on the property rights of persons (loss of privacy, poor lighting, noise, increase in traffic flows among others) in the immediate vicinity of the new construction, negatively impacts on property values (if 50 percent of a housing unit is under a shadow its value logically plummets) and irreparably alters the character of the neighbourhood to name a few issues.
Law is not a Shackle
However the maxim seemingly governing the State Agencies is that the law is not a shackle that enslaves, but a mere tool of social engineering as significant numbers of these new developments are being effected without any alteration whatsoever to the restrictive covenants governing the property’s and indeed several developers are reportedly attending the offices of the State Agencies after the fact for retroactive approvals. This must not be tolerated and indeed citizens must be prepared to take drastic legal action if necessary. However in the interim, the services of the Member of Parliament, Mrs. Maxine Henry-Wilson should also be enlisted as it seems that a Resolution tabled in the Houses of Parliament seeking to force the relevant state agencies to cease this highly irregular approach to development, is in order. Further, citizens need to step up to the plate and not be afraid to let their voices heard on the radio call-in programmes, in corporate speeches and write letters in the newspapers, as their very way of life is at stake.
Protect your Rights
The citizens of the Golden Triangle and New Kingston have already spoken and have rejected these State proposals (to increase the densities and reduce setback distances) which seek to diminish our quality of life, the value of our investments and in fact our democratic rights as prescribed under the Constitution of Jamaica. This unscrupulous activity is founded on the expectation that because of the middle / upper class status of the community’s, there will be an aversion to a confrontational approach and therefore through the timely mutterings of pious platitudes and soothing solemn noises from a connected few, we are expected to compromise our rights to satisfy their narrow self-interest. This as we continue to adhere to our motto: Preserving our Community …One Home at a Time
The Infamous NEPA Meetings
Residents of the Golden Triangle (Seymour Lands) and New Kingston have been engaged in dialogue with NEPA through their citizens associations and in the case of Seymour Lands by way of dialogue through a Public Meeting on August 21, 2006 at the PCJ Auditorium and then by way of additional dialogue over a period of at least six (6) months through a joint select monitoring committee. Further, the New Kingston Citizens Association has had additional dialogue with representatives of the Town and Country Planning Authority (TCPA) for which body, NEPA provides technical support. The outcome of all this dialogue has not been encouraging, as to date no single worthwhile achievement can be identified. NEPA proposed changing setback distances and substantially altering density ratios in the community which were soundly rejected as a setback distance of a mere five (5) feet per floor from the boundary line was deemed untenable and increasing the density up to 50 habitable rooms per acre, nonsensical. However, it is apparent that these are exactly the guidelines and specifications being currently provided to developers, who wish to engage in construction in the above-named areas. The impact of this to date is around for all to see. Apartments being constructed and creating overshadowing over as much as 50 percent of their immediate neighbour’s premises is part of the new reality of the communities and when they are approached the standard refrain has become "we are responding to development pressures". Even when there are clear breaches, NEPA has a strategy which dictates that enforcement notices cannot be served unless both tenant and owner are on the premises at the same time.
Poor Judgment
This seemingly highlights poor judgment and in some cases borders on being obtuse, on the part of the State Agencies and indeed suggests a fleeting relationship with the law. This, as it is ludicrous to believe that a law could be enacted with no reference to the citizens but which, by its very nature, impinges on the property rights of persons (loss of privacy, poor lighting, noise, increase in traffic flows among others) in the immediate vicinity of the new construction, negatively impacts on property values (if 50 percent of a housing unit is under a shadow its value logically plummets) and irreparably alters the character of the neighbourhood to name a few issues.
Law is not a Shackle
However the maxim seemingly governing the State Agencies is that the law is not a shackle that enslaves, but a mere tool of social engineering as significant numbers of these new developments are being effected without any alteration whatsoever to the restrictive covenants governing the property’s and indeed several developers are reportedly attending the offices of the State Agencies after the fact for retroactive approvals. This must not be tolerated and indeed citizens must be prepared to take drastic legal action if necessary. However in the interim, the services of the Member of Parliament, Mrs. Maxine Henry-Wilson should also be enlisted as it seems that a Resolution tabled in the Houses of Parliament seeking to force the relevant state agencies to cease this highly irregular approach to development, is in order. Further, citizens need to step up to the plate and not be afraid to let their voices heard on the radio call-in programmes, in corporate speeches and write letters in the newspapers, as their very way of life is at stake.
Protect your Rights
The citizens of the Golden Triangle and New Kingston have already spoken and have rejected these State proposals (to increase the densities and reduce setback distances) which seek to diminish our quality of life, the value of our investments and in fact our democratic rights as prescribed under the Constitution of Jamaica. This unscrupulous activity is founded on the expectation that because of the middle / upper class status of the community’s, there will be an aversion to a confrontational approach and therefore through the timely mutterings of pious platitudes and soothing solemn noises from a connected few, we are expected to compromise our rights to satisfy their narrow self-interest. This as we continue to adhere to our motto: Preserving our Community …One Home at a Time
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