Wednesday, April 30, 2008

The RIU Controversy: First Real Test of Golding Regime

The current controversy regarding the RIU Hotel in Montego Bay and the construction of a fourth floor in defiance of previous rulings by the National Environment and Planning Agency, St James Parish Council and the Civil Aviation Authority brings into sharp focus issues of enforcement and political will in Jamaica. Indeed, this issue stands to prove the mettle of the Golding regime, regarding their stance on illegitimate construction activity, as the current circumstances which would place the fourth floor in the flight path of planes using the Sangster International Airport in Montego Bay, a significant issue of public safety, would necessitate the demolition of the offending floor. However, the Government of Jamaica has had a less than sterling track record in dealing with issues of this type in previous years, usually opting for negotiated settlements with errant developers after the public hue and cry wanes. In other words, enforcement issues in Jamaica are usually utilized as points of leverage for a negotiated settlement with offending developers, which points to a lack of political will to preserve the integrity of the approval process.

There are many public examples of this flawed strategy in Seymour Lands and New Kingston where demolition of illegal construction was required but nothing done. The most glaring has been the partially completed construction at the corner of Trinidad Terrace and St Lucia Avenue which was literally built on the sidewalk and exceeded the number of floors approved. This would have necessitated some demolition activity but has been tied up in the courts for nearly a decade, with no resolution in sight. In the meantime, the building has become a public nuisance and a haven for all types of untoward activity. Similarly, there was much public bleating by the KSAC about an illegal fourth floor on an apartment complex on Braemar Avenue in Seymour Lands, which they publicly claimed should have been demolished; however there are now 2 additional four storey complexes on the same street all duly approved by them and other state regulatory bodies.

However, this issue also points to the need for a complete overhaul of the approval process and the need for an island wide probe. Indeed the Government of Jamaica is incapable of assuring anyone that surreptitious and potentially harmful approvals are not being granted in other local authority jurisdictions. Whereas in the instant case in St James, the Parish Council did not reportedly grant approval for the fourth floor of the hotel complex, the issue points to a flawed process whereby the signature of a single officer and access to the Seal would be all that is required for formal approval to be granted. This points to a system that would be highly susceptible to corruption and to the extent that similar systems obtain in other Parish Councils, should be addressed with urgency.

The Government of Jamaica needs to act decisively in this matter. For too long have developers in Jamaica sought to engage in untoward practices and escaping with mere slaps on the wrists. This has led to an explosion in unsafe building practices, breaches of the approvals process and in light of poor enforcement mechanisms, facilitated a virtual free for all. Indeed, it has been argued that most new hotel constructions on the North Coast are in breach of established setback distances from the high-water mark and boast questionable sewerage facilities with little or no remedial action being taken. Hence this issue regarding the RIU in St James, will define whether the new Government is committed to the principles of sustainable development or whether they are willing to sacrifice public safety on the altar of political expediency.

1 comment:

Anonymous said...

I hope the Government of Jamaica follows both the spirit and the letter of the law in dealing with this matter. As to the Parish Council official, there needs to be a full scale investigation. Something smells fishy with this transaction

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