An Open Letter to Prime Minister Golding

Dear Prime Minister,

While we are cognizant of the fact that the Jamaican government is now seized with the prospect of facilitating accelerated development and whereas such a policy thrust is welcomed. there are some concerns which we believe are worthy of your consideration prior to effecting any changes to the development process as currently obtains. Indeed we note that in the past two to three days an unprecedented assault has been launched against the the National Environment and Planning Agency (NEPA) and the Kingston and St Andrew Corporation (KSAC) by investors / developers citing their intent to commence multi-billion dollar investments and claiming that such investments are being stymied by the regulatory arm of the state apparatus.

Whereas concerns about the operations and efficacy of the two entities have been repeatedly raised, due care must be taken that the process is not hijacked and allowed to degenerate into an opportunistic exercise on which success is predicated on the bypassing of the requisite control mechanisms which would afford these and similar developments a degree of sustainability over the medium to long term. Further there are those which posit the view that that the planning focus in Jamaica, should shift from exclusionary zoning to a more inclusive strategy, which would allow commercial and residential developments to coexist. Ostensibly, this should address issues such as travel times to work and play, coupled with matters such as energy usage and so on. This presupposes that Jamaica boasts a well developed urban planning strategy with an effective monitoring mechanism with meaningful penalties. The simple truth is Jamaica has satisfied none of those preconditions, which would be critical in this exercise.

The KSAC now reportedly boasts a total of six (6) building officers who are responsible for enforcement and inspections for the parishes of Kingston and St Andrew and there are similar concerns about the existing capacity at NEPA which boasts island-wide responsibilities. Further in the communities of Seymour Lands, Trafalgar Park and the residential sections of New Kingston, (hitherto referred to as the Trafalgar Council communities) given their centralized location, are no more than 5 minutes away from well established and zoned commercial zones with numerous entertainment facilities precluding the need for the addition of those activities within the residential communities.

Prime Minister, over the past week The Trafalgar Council has had meetings with both NEPA and the KSAC and whereas a process of meaningful dialogue has commenced, the issues which confront us are not localized and in our opinion deserves your intervention as the Minister with portfolio responsibility for Planning and Development in Jamaica. Indeed, some the immediate challenges being faced by the citizens of the Trafalgar Council communities, are dust pollution, noise pollution and a flawed urban planning process which does not functionally afford the residents an opportunity for input. However, the difficulties described are already covered in most part by varying laws but there is almost no enforcement or such enforcement is so selective, as to be deemed arbitrary.

Specifically, the issues which confront the residents which fall under the jurisdiction of the Trafalgar Council are as follows:

Setback distances: The setback ratios (distance between the building and the property line) has been unilaterally altered to five (5) feet per floor which routinely leads to issues of overshadowing and overlooking adjoining properties coupled with loss of privacy particularly in the current circumstances where there are extraordinarily high plot-ratios (plot ratio defines the total floor area of buildings permitted to be erected on a site). Further in the absence of effective monitoring by the regulatory agencies, in several cases developers breach these guidelines, with very little recourse to affected parties. Indeed in several cases, the setback distances are so low and plot ratios so high that the construction sites cannot accommodate their own equipment, materials or waste on-site and therefore developers have resorted to use the sidewalks and roadways as their storage facility. There is also no mitigating strategy to treat with dust pollution emanating from these construction sites and hence there is an increase in respiratory ailments within the Seymour Lands and New Kingston communities in particular as there has been an appreciable deterioration in air quality;

Density Ratios: This has again been unilaterally altered by the regulatory authorities from 30 to 50 habitable rooms per acre in the vicinity of sewer mains. This has been a particularly egregious example of the abuse of state power, as the citizens of the Seymour Lands in particular rejected this notion when it was proposed at a public consultation by NEPA in 2006. However, the effect has been the preponderance of 4 storey apartment blocks which is not only out of step with the prevailing ambiance of the communities but make little to no provision for any green areas whatsoever. The matter has been further compounded by the fact that the Soapberry Treatment Plant is only now being commissioned, which means that the previous utterances about environmental concerns, justifying the laying of sewer pipes were a mere facade to facilitate increased densities. Indeed prior to Soapberry there was no functional treatment plant in Kingston and St Andrew for several years.

Poor Supporting Infrastructure: Whereas the regulatory bodies have approved these higher density developments in The Trafalgar Council communities, the supporting infrastructure has not been upgraded to accommodate these developments. Water supply has been a particular concern in this regard, as no new supplies have been brought into the Trafalgar Council Communities, despite a plethora of high density developments receiving state approvals over the past three (3) years. However according to data provided by the National Water Commission (NWC) and reported in the Economic and Social Survey (2008), water production for Kingston, St Andrew and St Thomas declined by 7.2 percent in 2006 and increased by a mere 2.7 percent in 2007. In the meantime, the number of connections in the above named parishes, increased by a whopping 14.9 percent in 2007 alone. This explains the low water pressure or in other cases the absence of water from the affected communities, a situation which worsens with the addition of each new development. Similarly, the roads are deteriorating considerably under the increased traffic flows and atrocious rehabilitative work facilitated by the KSAC and the National Works Agency (NWA).

Poor Enforcement Mechanisms: The communities are buffeted by numerous breaches of the building codes coupled with breaches associated with improper property usage. There is the instance of a sensuous massage parlour being given State Approval and even though the error was acknowledged no remedial action has to date been taken. There are other instances where buildings are constructed on top of boundary walls or extended to adjoining boundary walls. However, when challenged the regulatory agencies advise that given budgetary constraints and the fact that even when they prevail in a court of law any financial award is turned over to the Consolidated Fund, there is no particular impetus to take legal action. In fact in recent times, the State regulatory agencies have increasingly been seeking to shift the responsibility to individual citizens to take remedial action. Similarly, where applicable, where there is need for Discharge and/or Modification of Restrictive Covenants, this is supposed to be determined prior to the commencement of construction, but in most cases this is done after the fact and with no reference to the owners of adjoining properties.

Creeping Commercialization: The fact, that the Trafalgar Council communities are in fact zoned for residential usage only, has not served to deter the scourge of creeping commercialization. With dead frontages and no human activity by night in some instances, this has led to increases in criminal activity and has forced the residents in the main to rely on private security firms to provide additional support to the Police Force. In other cases where business activity occurs primarily at night, there are routine problems associated with night noises and poor sanitary control coupled with loss of privacy and on street parking. In the days there is a considerable increase in traffic resulting from the commercial entities operations and a preponderance of on-street parking with resulting impact of impeding access to residences

Prime Minister, we therefore appeal to you as you prepare for what we are confident will be another thought provoking presentation in the Budget Debates, that due consideration be given to the issues raised here, which not only affect the named communities but are replicated across other urban centres. Jamaica prides itself as operating a modern democracy, but such modernity dictates that a well developed process of consultation between State and citizen must be observed and cannot be routinely ignored outside the electoral periods. It is therefore believed that with the citizens being included in the development process and their views being solicited and given weight to in the approval process, will lead to an enrichment of the process of development while by no means interfering with the timeliness of the decision making process. In that regard, we are cognizant of your expressed intent to enact a single piece of legislation that is applicable to all regulatory agencies in the process of development. However we would suggest that for the new legislation to be worthwhile, it should clarify the position on public consultation in an unequivocal manner and encompass provisions for compulsory consultations with the citizenry. Failure to accept the tenets of a modern democracy and continuing to relegate the role of the citizen to be a mere bystander in the process of development is to undermine the political process and foster social instability with its attendant ills.