Most of the new construction activity occurring in Seymour Lands (Golden Triangle ) and the residential sections of New Kingston, are in breach of the Jamaica’s Planning and Development guidelines. Based on the Planning and Development Manual developed by the National Environment and Planning Agency, NEPA, and ratified by the Cabinet of Jamaica in June 2007, there are breaches relating to plot ratios, setback distances and minimum green area space particularly for apartment and townhouse complexes. Indeed according to the guidelines which NEPA sources advise “are supposed to be rigidly adhered to”, plot ratios range from 33 1/3 percent to a maximum of 50 percent ( plot ratio defines the total floor area of buildings permitted to be erected on a site ) but in actuality persons are building out plots to as much as 85 – 90 percent, highlighting poor enforcement strategies by both NEPA and the Kingston and St Andrew Corporation (KSAC).
The Following site coverage standards apply in Jamaica:
| Maximum Permissible Plot ratio | |
| Residential (Single Dwelling Homes) | 50% |
| Residential (Townhouses) | 33 1/3% |
| Residential (Apartments) | 33 1/3% |
Source: Planning and Development Manual, NEPA, June 2007
Indeed the purpose of the plot ratio is to prevent the adverse effects of over-development on the layout and amenity of buildings on the one hand and to ensure a proper sense of enclosure with buildings on their sites on the other hand. Further, in its guidelines for new residential buildings NEPA states that “new development or extension should not result in significant loss of daylight or overshadowing of any habitable or useable room within a neighbouring building”. Further, NEPA in its advisory on the development of multi-storey residential dwellings (apartments and Townhouses), in instances where densities range from 75 to 375 habitable rooms per hectare, stipulates that “any restrictions in titles, rights of way, access use or light will significantly affect design and layout. They should be checked and removed before construction begins”. It should be noted that NEPA proposed and then unilaterally adopted in 2006, the following density ratios for muti-family developments in Seymour Lands:
30 habitable rooms per acre / 74 habitable rooms per hectare – Minimum of ½ acre must be available
50 habitable rooms per acre / 125 habitable rooms per hectare where there is access to central sewerage
Further in the cases of townhouses, NEPA stipulates by way of its Planning and Development Manual 2007, that the minimum green area space within the net plot area is 45%. For Apartment Complexes, NEPA also stipulates that for “recreational areas for children and youth, the minimum size of which shall be the area of a half circle with a 6 metre radius (626 sq ft or 58 sq m)".
Setbacks for Apartments
Given the preponderance of muliti-story apartment dwellings in the Golden Triangle and the residential sections of New Kingston, it is instructive to note the following setback regulations for that category as stipulated by NEPA which further highlights the plethora of breaches in Seymour Lands and the residential sections of New Kingston:
The minimum distance between apartment buildings should be twice the height of the buildings measured on the side of the front (or back) elevation to a maximum of 21.0m (68.9 feet). The minimum distance between two end elevations of 2 apartment buildings should be 1.0m (3.3 feet) plus 0.3m (1 foot) for each additional storey or partial storey at ground level to a maximum of 4.0m (13.1 feet). This is not applicable if the end elevation has the only window of a habitable room. If so the distance should be a minimum of 7.5m (24.6 feet). Along either front or back elevation there should be a privacy zone of appropriate length.
The setback from the roadway will be guided by the height of the building and the width of the road but should not be less than 21.0m (68.9 feet) from the road centre line
Similarly in its site planning regulations for Apartment complexes NEPA stipulates:
No building or other permanent structure is to be erected within 12.0 metres (39.4 feet) of the centre line of a public road.
A minimum of 3 metres (9.8 feet) wide perimeter area should be contiguous to all side and rear property boundary lines adjacent to single-family zoned land. An additional 0.6 metre (2 feet)shall be added to this area for each storey beyond one of the buildings adjacent to such property lines.
A minimum of 2.5m (8.2 feet) wide perimeter area shall be contiguous to all side and rear property boundaries adjacent to such property lines.
A minimum of 2.5m (8.2 feet) wide perimeter area shall be contiguous to all side and rear property boundaries adjacent top other multi-family or non-residential zoned land
Height of Buildings
Similarly NEPA stipulates the following maximum allowable heights with respect to particular building developments
| Maximum Allowable Height | Maximum Density | |
| Single Dwellings | 2 storeys | n.a |
| Townhouses | 2 storeys | 30 hrpa |
| Apartments | 3 - 4 storeys | 50 hrpa |
hrpa - habitable rooms per acre
These densities particularly in the case of apartment complexes is predicated on access to a central sewerage line. However even with the much proclaimed Soapberry Wastewater treatment plant only 35 percent of residencies in the Corporate Area are actually connected to the sewer and still according to KSAC Mayor Senator Desmond McKenzie some 20 million gallons of wastewater daily continues to pollute the Kingston Harbour coupled with a daily inflow of 1.5 m gallons of solid waste. This lends credence to the widely held view that the laying of sewerage pipes in communities such as Seymour Lands, is merely a ruse to substantially increase density ratios and is only peripherally driven by environmental concerns.
Hence the issues related to the construction boom in the Golden Triangle and the residential sections of New Kingston continue to point to a flawed enforcement mechanism. Buildings are being constructed on boundary walls, apartment complexes are being constructed with no green areas or recreational areas among other ills, plot ratios are ignored, setback ratios remain in the realm of academia and the minimum green area space stipulations continues to be treated as a utopian concept. Therefore the laws governing the construction industry in the main, as evidenced by activity in the Seymour Lands and the residential sections of New Kingston are being dismissed with impunity by unscrupulous developers and further compromised by a paucity of political will to effectively treat with the situation coupled with an absence of capacity within the regulatory agencies to manage the process.
5 comments:
Thanks for the info. However on the basis of the information presented here it seems as if most of the residential multi-family buildings / complexes in the corporate area are in breach. We really need a new approach to governance in Jamaica, where people are truly accountable!
So have you lodged formal complaints with NEPA and/or KSAC about those developments that you believe are in breach?
I also wondered about several of these new constructions that seemingly left little or no gap between the building and the boundary line. Actually the NEPA regulations as described makes sense and would be critical for sustainable development.
Corruption is so pervasive in this country. I shudder to think what this little island will become in another decade or two.
We can't guess what will happen to this country if the corruption will continue up to the next generation. It so hard and difficult to them to recover.
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