The National Environment and Planning Agency NEPA in Jamaica, has been operating under a directive not to prosecute other government agencies for breaches! This was recently revealed by Minister of State in the Office of the Prime Minister Daryl Vaz and subsequently confimred by NEPA. That NEPA occupies such a significant role in the approval process, confirms that Jamaica’s building approval process is now so hopelessly compromised that only the scrapping of NEPA and removing Parish Council input from the process can hope to restore even a modicum of integrity to the process. This as the obviously complicity of the Local Authorities (Parish Councils and the KSAC) in this corrupt approval process cannot be ignored. Further, the fact that the Local Authorities with more than a working knowledge of the patently obvious corruption of the process, remained silent, particularly in light of the howls of protest from their constituents as part of nearly every citizens lobby group in Jamaica is a further indictment of that body. Indeed, if not for the public disclosure of Minister Vaz the truth would never have been revealed. For that Jamaica owes Daryl Vaz a debt of gratitude!
Indeed many citizens lobby groups, including the Trafalgar Council, have for years been regaled by anecdotes of blatant corruption in the approval process involving bribery, backdated approvals, the mysterious transfer and development of Crown Lands to name but a few areas of graft and corruption associated with the approvals process. However, even the most cynical amongst those groupings are most likely shocked by the notion that the corruption had in fact received the formal blessing of Central Government.
There is therefore need for a comprehensive investigation, inclusive of full forensic audit into the building approval and enforcement processes in Jamaica. Indeed, examples of questionable approvals and 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 and yet were only detected when construction was either completed or near completion. To make matters worse those projects were constructed in the midst of busy thoroughfares teaming with motor vehicles and pedestrians on a daily basis, who recognized the breaches, 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. For example, the addresses of commercial buildings boasting large signage displays and operating on popular roadways in the midst of residential communities, suddenly cannot be located 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 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. Indeed, there is a view that politicians at the local level across the island, have too much influence over the 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 crtical planning committees be rotated off these bodies. Indeed at the level of membership of the Town and Country Planning Authority and the NEPA Board, it would seem appropriate that such appointments be limited to 12 months, 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 approprate 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. In the interim is the Office of the Public Defender likely to intervene on behalf of the tens of thousands of Jamaicans who have been victimized by decades of corrupt activity associated with building approvals sanctioned by the State?
