End Complicity of NEPA, KSAMC With Developers who Breach Permits & Laws

The press release below was sent to me from citizen associations in Kingston.  When communities unite and fight for their rights they can achieve their objectives. The next step is to call for harsh penalties for public servants who fail to do their jobs after getting complaints from citizens.

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Press Release from 'Citizens' Rights to the City':

Apartments on Charlemont Drive

The members of Citizens Rights to the City (CRC), comprising citizens groups and individuals from 29 communities, feel both outraged and vindicated by the findings of the Integrity Commission’s investigation report on the development at 11 Charlemont Drive, Kingston 6, carried out in breach of the Building Act and permits issued by the National Environment and Planning Agency (NEPA) and the Kingston and St Andrew Municipal Corporation (KSAMC).

In contrast to the tepid responses from officials to the many expressions of concern from residents of communities where rapid density increase is occurring, the Integrity Commission's report lays bare the systemic malpractices and irregularities by the KSAMC and NEPA, in the development approval processes, particularly those of oversight and enforcement. 

It highlights the bare-faced disregard for permits and the Laws of Jamaica by some developers, and the apparent confidence they have in their ability to act with impunity, aided and abetted by state agencies.

The disregard for Jamaica’s Laws and governance processes by the State itself must be a matter of grave concern to everyone. NEPA and KSAMC’s failures to act, and their seeming collusion with developers’ breaches, negatively impact the well-being of the wider citizenry, residents of affected communities and the country as a whole.

In light of the findings of the Integrity Commission's investigations, the CRC makes the following calls:

1. Immediate resignation or firing of Mr Mark Barnett, currently President of NWC and the developer in breach, who displayed a stark, egregious conflict of interest.
2.  Resignation of responsible officers and Heads of implicated departments of NEPA and KSAMC
3. Forensic audits of the development approvals bodies and processes
4. A moratorium on new, multi-family residential permits pending an overhaul of the approvals process (systems, procedures and personnel) based on recommendations of forensic and technical audits.
5. A temporary halt to current multi-family residential and commercial construction in residential areas pending a well-resourced, technically sound, time-bound programme of inspection, identification, documentation and action against breaches found
6.  Replacement of the Building Committee of KSAMC and wider Councils, with a technically competent body able to objectively and properly assess applications for building permits. 

CRC supports the IC’s recommendations including those for legislation to strengthen “pecuniary penalties on developers who wilfully violate building and development permits for financial gain”.

Considering the seriousness and urgency of the matters the CRC calls for a statement to Parliament by PM Holness providing Parliament and the nation with a plan of action to:

1. Implement the recommended legislative measures.
2. Clean up and strengthen the development approval and enforcement system, procedures and resources, and,
3. Hold derelict and/or complicit agencies and public officers swiftly to account.

 

Note: IC stands for the Integrity Commission

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More Readings:

The Letter.

The Integrity Commission's Report.