Forensic Audit Into Approval Process Needed

There is need for a comprehensive investigation, inclusive of full forensic audit into the building approval and enforcement processes in Jamaica. This being the inescapable conclusion, after the latest misstep which has been uncovered regarding a major hotel construction site in St James where reportedly but inexplicably a previously unauthorized fourth floor construction plan received surreptitious approval by way of a senior staff member of the local authority, but without the formal knowledge and approval of the St James Parish Council and the National Environment and Planning Agency (NEPA). Further, the amended construction plans were reportedly found in the Parish Council files, duly signed, stamped and allegedly back-dated, where they may well have remained buried, if the issues at hand did not involve a glaring issue of public safety.

Whereas, Mayor Charles Sinclair has ordered an immediate investigation into the most recent development, this may well be deemed to be insufficient, as there has been such a loss of legitimacy of both the Local Authorities (Parish Councils and KSAC) island wide and NEPA in terms of approvals and enforcement, that only an island wide probe ordered by Prime Minister Golding, will suffice at this time. Further given this alleged untoward development in St James and the long standing and deep rooted suspicions regarding the approval process, the State is incapable of providing credible assurances that similar occurrences do not or have not obtained in other parishes.

Indeed, examples of questionable approvals and poor enforcement has spanned decades and affects all parishes. In the case of the Golden Triangle and the residential sections of New Kingston, there are several examples of construction projects being given approval to construct for example studio apartments, only to have them later converted to one and two bedroom apartments. There has been illegal construction of basements and the state stipulations about setbacks, reserved green space and plot ratios remain largely academic. However in each case there would have to be a multi-agency review of plans coupled with site inspections bolstered by Surveyors and Architects reports coupled with the interventions of other industry professionals, so it remains inconceivable that obvious breaches would remain undetected. Indeed, so pervasive has been this activity, that the Trafalgar Council has on the basis of the Planning and Development manual published in 2007 by NEPA, declared “Most New Construction in Golden Triangle is Illegal”.

This is equally evidenced in other parts of the Corporate Area, with multi-storey dwellings and commercial buildings being constructed with absolutely no setback from boundary lines and yet being only detected, conveniently, when construction was either completed or near completion. To make matters worse, several of those projects were constructed in the midst of busy thoroughfares, teaming with vehicular and pedestrian traffic on a daily basis, yet the regulatory bodies claimed to be oblivious, until it was functionally too late. Equally in terms of enforcement, several blatant breaches have been reported over periods of time spanning decades with minimal to no action being taken. While cognizance is taken of a lack of agency capacity, the inordinate delays in investigation and the failure to follow-up raises serious issues about the integrity of the process. A simple example of one of the more nonsensical incidents involves the sudden failure to locate the addresses of commercial buildings boasting large signage displays and operating on popular roadways in the midst of residential communities, by personnel from regulatory agencies to serve enforcement notices or investigate breaches.

Similarly, in terms of several new constructions on the North Coast of Jamaica, setback ratios are routinely breached and issues such as sewerage disposal are so ineptly dealt with that questions regarding the process of oversight must be raised. Again, the breaches are so glaring that it would be impossible for them not to be determined by the regulatory bodies.

This lends additional credence to the oft-quoted aphorism that “…it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”. In fact Lord Chief Justice Hewart in his ruling further advised that “Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice”. Whereas these comments form the basis for the precedence, under English Law, establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision, prudence would dictate that the Local Authorities, NEPA and the Town and Country Planning Authority among others be guided by its far reaching applicability and implications.

This, therefore raises the issue yet again, as to the role of the political directorate in the approval process particularly at the local level. Whereas in the instant case in St James, the Parish Council did not reportedly grant approval for the fourth floor of the hotel complex, there is a view that politicians at the local level across the island, have too much influence over the approval process and the prevailing ethos is such that it can actually foster corrupt activity, if persons are so minded. In this vein, Prime Minister Golding’s suggestion that a single entity be established to treat with building approvals may well be part of the solution, however in the interim, it seems only appropriate that a radical staff restructuring exercise be embarked upon involving employees associated with building approvals and enforcement in the regulatory bodies and that political personnel populating the critical planning committees be rotated off these bodies. Indeed, at the level of membership of the Town and Country Planning Authority and the Board of Directors at NEPA, it would seem appropriate that such appointments be limited to 12 month intervals, preserving the integrity of the process and again reducing even the perception of corruption. These entities all have substantial power and in the absence of functional oversight can become corrupted and hence the appropriate system controls must be instituted to preserve the integrity of the process.

For too long have accusations been levelled about corruption and cronyism, regarding building approvals in Jamaica and its therefore timely for a full forensic audit to be conducted and a dispassionate determination of the truth made. In the event corruption and graft is discovered, those responsible would be expected to be punished to the fullest extent under the law.