"The Government will not tolerate this blatant violation nor will it entertain any request for breaches to be regularized." With those words, Jamaican Prime Minister Bruce Golding created a new paradigm in Jamaica’s building industry and sent shock waves through a development community that had become largely immersed in a laissez-faire approach towards development, where breaches were treated by the authorities as additional leverage on a path towards negotiated settlements and regularization. Indeed, the initial comments on radio by Montego Bay Mayor Charles Sinclair on Wednesday April 30, 2008 regarding the RIU controversy, had sent a clear signal that this was an option to be explored, with his tacit acceptance of the Hotel Group’s proclamation that “RIU will resubmit the revised plans to the Parish Council who will forward copies to NEPA and the other relevant agencies to have the three buildings with four storeys approved.” However, the Prime Minister has put paid to that strategy with the precisely worded edict that the RIU developers “comply with the approved building plans and to demolish any works which exceed the specifications that were approved".
All this after the RIU Hotel received building approval on June 29, 2007 to construct six three-storey buildings with specific height limitations. This occurred after their initial application for four-storey buildings were rejected by the National Environment and Planning Agency, The St James Parish Council and the Civil Aviation Authority. Nevertheless, three of the six buildings were constructed with a fourth floor, with the Hotel Chain claiming that they had submitted revised plans which had received approval by the Parish Council (the plans were signed by a Senior Parish Council officer and duly stamped). However, the revised plans which were written in Spanish, were not formally submitted to the Parish Council or any of the other regulatory bodies which has triggered a call by the Prime Minister for the Police Fraud Squad and the Parish Council Services Commission to be called in to investigate the matter.
Whereas this represents a victory for Citizens Based Organizations and the Environmental Lobby which has been clamouring for decades for the practice of retroactively legitimizing building breaches to be stopped, this does not obviate the need for an island wide probe of all Local Authorities (Parish Councils and the KSAC). This, in light of the fact that though the RIU issue was seemingly caught in the nick of time, the Government of Jamaica cannot give any legitimate assurances to the populace that this episode is unique and is not in fact being replicated, as anecdotal pronouncements would suggest, in all other local authority jurisdictions. Indeed, while this strategy of regularizing building approval breaches has over time led to a loss of legitimacy for the local authorities and the other regulatory bodies, Prime Minister Golding’s stance points to the need for an immediate national forensic audit seeking to cauterize any such initiative and re-introducing order to the development process.
However this issue also raises serious concerns about the general process of oversight regarding building sites conducted by local regulatory agencies. Indeed, in the present scenario, the controversial “fourth floor” had reached the stage where it was already been primed for painting. This raises the question of how is it that the breach is only now being detected by the Regulatory Agencies and what are the implications for the inspection and verification processes regarding the quality of work done in this and other projects falling under the jurisdiction of the local authority? A similar scenario obtained at a building site on Donhead Avenue in Seymour Lands where there was a fatality and it was subsequently discovered that an unapproved basement was being constructed. This was compounded by the fact that a stop order was placed on the site months before by the KSAC but was not enforced. Indeed, the “free for all” by developers has been such that most new construction activities particularly in the urban centres fall outside the ambit of the approval guidelines with setback distances, plot ratios and green areas being largely ignored. Similar treatment has also been reserved for the Discharge and / or Modification of Restrictive Covenants where applicable, where approvals are sought after the fact and not prior to the commencement of construction as required by law.
Whereas Mr Golding’s regime has passed the first real test of its mettle with flying colours and has deservedly received the requisite accolades from various Citizens Based Organizations and the Environmental Lobby among others, much is left to be done. Whereas, the nation anxiously awaits the outcome of the investigations of the Police Fraud Squad and the Parish Council Services Commission into the matter at hand, the Government must guard against complacency in the interim. Indeed, it would be timely for a review of business processes to be conducted in all local authorities and other regulatory bodies in terms of the building approval and enforcement processes and where necessary personnel involved in the approvals and enforcement arms be redeployed. Similarly a detailed review of the role of the political directorate in the approvals process should also be undertaken. System legitimacy must be paramount, however with the erosion that has occurred in the past, drastic action by the State is required to not only demonstrate that Jamaica is serious about investment but to also reinforce the country’s commitment to the principles of sustainable development.
What Others are Saying on the Same Issue:
This is an open letter to the Prime Minister:
Dear Honourable Prime Minister Golding,
I write on behalf of the members and directors of Northern Jamaica Conservation Association to congratulate you on your stance with respect to the environmental breaches at RIU Mahoe Bay. As a member of the Jamaica Environmental Advocacy Network, I know our sentiments are shared by many other organisations that have been advocating for enforcement of our environmental laws.
We are elated to hear that you are not only standing up to RIU, as the Observer puts it, but sending a message to all developers that they must respect our laws or pay the penalty. Along with the demolition order, Jamaica should consider fining RIU for its many breaches, as Mexico has done in Cancun to the tune of US$3.5 million.
While we understand that these hotels represent investments for Jamaica, the environmental and socio-economic costs that come with massive construction projects, especially in sensitive coastal ecosystems, cannot be ignored. Resort development that degrades the environment and endangers lives is not investment, it is exploitation.
We remind you that this is not the only Spanish hotel developer with a history of deliberately breaching environmental and building permits by building unapproved structures different from those shown on their approved plans. Until now, we have seen no sanctions or penalties applied to any of these projects. NEPA has taken a very soft approach, particularly to Spanish developers (it must be said), merely issuing warning letters and encouraging voluntary compliance.
Voluntary environmental compliance schemes even in developed countries are "decidedly ineffective", according to an Inter-American Development Bank study which found that such programmes "appear to primarily serve as public relations vehicles for both industry and regulators" (RS-T1283 - Voluntary Environmental Programmes in Latin America: Lessons Learned). In other words, voluntary compliance is a nice idea, but we should not expect it to work here.
We therefore urge NEPA to step up its monitoring of all large development projects, especially those in coastal areas, and apply the appropriate sanctions without fear or favour when breaches are found. At the same time, we expect and demand the highest level of scrutiny for development applications to ensure that our valuable natural and cultural assets are protected and respected.
Wendy A Lee
Executive Director
Northern Jamaica Conservation Association
All this after the RIU Hotel received building approval on June 29, 2007 to construct six three-storey buildings with specific height limitations. This occurred after their initial application for four-storey buildings were rejected by the National Environment and Planning Agency, The St James Parish Council and the Civil Aviation Authority. Nevertheless, three of the six buildings were constructed with a fourth floor, with the Hotel Chain claiming that they had submitted revised plans which had received approval by the Parish Council (the plans were signed by a Senior Parish Council officer and duly stamped). However, the revised plans which were written in Spanish, were not formally submitted to the Parish Council or any of the other regulatory bodies which has triggered a call by the Prime Minister for the Police Fraud Squad and the Parish Council Services Commission to be called in to investigate the matter.
Whereas this represents a victory for Citizens Based Organizations and the Environmental Lobby which has been clamouring for decades for the practice of retroactively legitimizing building breaches to be stopped, this does not obviate the need for an island wide probe of all Local Authorities (Parish Councils and the KSAC). This, in light of the fact that though the RIU issue was seemingly caught in the nick of time, the Government of Jamaica cannot give any legitimate assurances to the populace that this episode is unique and is not in fact being replicated, as anecdotal pronouncements would suggest, in all other local authority jurisdictions. Indeed, while this strategy of regularizing building approval breaches has over time led to a loss of legitimacy for the local authorities and the other regulatory bodies, Prime Minister Golding’s stance points to the need for an immediate national forensic audit seeking to cauterize any such initiative and re-introducing order to the development process.
However this issue also raises serious concerns about the general process of oversight regarding building sites conducted by local regulatory agencies. Indeed, in the present scenario, the controversial “fourth floor” had reached the stage where it was already been primed for painting. This raises the question of how is it that the breach is only now being detected by the Regulatory Agencies and what are the implications for the inspection and verification processes regarding the quality of work done in this and other projects falling under the jurisdiction of the local authority? A similar scenario obtained at a building site on Donhead Avenue in Seymour Lands where there was a fatality and it was subsequently discovered that an unapproved basement was being constructed. This was compounded by the fact that a stop order was placed on the site months before by the KSAC but was not enforced. Indeed, the “free for all” by developers has been such that most new construction activities particularly in the urban centres fall outside the ambit of the approval guidelines with setback distances, plot ratios and green areas being largely ignored. Similar treatment has also been reserved for the Discharge and / or Modification of Restrictive Covenants where applicable, where approvals are sought after the fact and not prior to the commencement of construction as required by law.
Whereas Mr Golding’s regime has passed the first real test of its mettle with flying colours and has deservedly received the requisite accolades from various Citizens Based Organizations and the Environmental Lobby among others, much is left to be done. Whereas, the nation anxiously awaits the outcome of the investigations of the Police Fraud Squad and the Parish Council Services Commission into the matter at hand, the Government must guard against complacency in the interim. Indeed, it would be timely for a review of business processes to be conducted in all local authorities and other regulatory bodies in terms of the building approval and enforcement processes and where necessary personnel involved in the approvals and enforcement arms be redeployed. Similarly a detailed review of the role of the political directorate in the approvals process should also be undertaken. System legitimacy must be paramount, however with the erosion that has occurred in the past, drastic action by the State is required to not only demonstrate that Jamaica is serious about investment but to also reinforce the country’s commitment to the principles of sustainable development.
What Others are Saying on the Same Issue:
This is an open letter to the Prime Minister:
Dear Honourable Prime Minister Golding,
I write on behalf of the members and directors of Northern Jamaica Conservation Association to congratulate you on your stance with respect to the environmental breaches at RIU Mahoe Bay. As a member of the Jamaica Environmental Advocacy Network, I know our sentiments are shared by many other organisations that have been advocating for enforcement of our environmental laws.
We are elated to hear that you are not only standing up to RIU, as the Observer puts it, but sending a message to all developers that they must respect our laws or pay the penalty. Along with the demolition order, Jamaica should consider fining RIU for its many breaches, as Mexico has done in Cancun to the tune of US$3.5 million.
While we understand that these hotels represent investments for Jamaica, the environmental and socio-economic costs that come with massive construction projects, especially in sensitive coastal ecosystems, cannot be ignored. Resort development that degrades the environment and endangers lives is not investment, it is exploitation.
We remind you that this is not the only Spanish hotel developer with a history of deliberately breaching environmental and building permits by building unapproved structures different from those shown on their approved plans. Until now, we have seen no sanctions or penalties applied to any of these projects. NEPA has taken a very soft approach, particularly to Spanish developers (it must be said), merely issuing warning letters and encouraging voluntary compliance.
Voluntary environmental compliance schemes even in developed countries are "decidedly ineffective", according to an Inter-American Development Bank study which found that such programmes "appear to primarily serve as public relations vehicles for both industry and regulators" (RS-T1283 - Voluntary Environmental Programmes in Latin America: Lessons Learned). In other words, voluntary compliance is a nice idea, but we should not expect it to work here.
We therefore urge NEPA to step up its monitoring of all large development projects, especially those in coastal areas, and apply the appropriate sanctions without fear or favour when breaches are found. At the same time, we expect and demand the highest level of scrutiny for development applications to ensure that our valuable natural and cultural assets are protected and respected.
Wendy A Lee
Executive Director
Northern Jamaica Conservation Association
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