Bark Di Trute!: KSAMC Responds to IC Report on Residential Development

Press Release From The KSAMC 20241218:

Mayor Andrew Swaby

Kingston, Jamaica – December 18, 2024 – Upon learning of the publication of the Integrity Commission’s report regarding irregularities in the construction of a residential development at 2 Weycliffe Close, Beverly Hills, Kingston 6, His Worship the Mayor of Kingston, Councillor Andrew Swaby, promptly demanded a detailed report from the Chief Engineering Officer at the Kingston and St. Andrew Municipal Corporation (KSAMC). After reviewing said report, Mayor Swaby has decided to provide a statement to the public on the matter.

The report submitted by the Chief Engineering Officer outlined breaches of the approved building permit issued to Estatebridge Holdings Limited, the applicant. These breaches were identified during an inspection conducted on October 31, 2024, following a request from the applicant on October 28, 2024. Notably, these breaches were only identified by the KSAMC after the Integrity Commission’s site visits on July 12 and 23, 2024. The breaches observed include:

1. Basement - It appears that the floor area was slightly increased and the laundry area was reconfigured to accommodate bathrooms and storage.
2. Ground Floor - The dining room/living room was extended, a bathroom was constructed and the powder room was converted to a storage area. However, the floor area appears to remain unchanged.
3. First Floor - Two (2) bedrooms with supporting bathrooms, storage area and a foyer was observed. The size of the master bedroom was increased by virtue of utilizing the balcony space. The other bedroom with its associated bathroom was relocated and the space converted to a foyer with a storage area. The floor area appears unchanged.

It is important to note that the partition walls referenced in the Integrity Commission’s findings, which were accompanied by photographs from its site visits, were not present during the KSAMC’s inspection on October 31, 2024. This suggests that modifications had been made to the structure before KSAMC’s site visit on October 31, 2024. The Chief Engineering Officer’s report, therefore, could not refute the Integrity Commission’s claim that four-bedroom units were being constructed at an earlier stage.

The breaches identified on October 31, 2024 were communicated to Mr. Kenado Nesbeth, the architect for the development, in a letter dated November 13, 2024. The letter also provided two options: revert to the previously approved plan or apply to regularize the changes through an ‘as-built’ application. On December 10, 2024, the same day the Integrity Commission’s report was tabled in Parliament, Estatebridge Holdings Limited submitted an 'as-built' application to the KSAMC seeking to regularize the changes.

Additionally, the KSAMC’s internal assessment revealed that the building permit issued to the developer expired on July 6, 2023. The KSAMC had conducted three site visits prior to August 2022, well before the permit’s expiration. Moreover, a final inspection required before the expiration of the permit was not requested by the applicant nor carried out by the KSAMC. The Corporation failed to take action to halt construction after the permit expired, allowing work to continue without authorisation or oversight. This lack of monitoring persisted until the KSAMC’s site visit on October 31, 2024, when the breaches outlined above were identified.

Mayor Swaby acknowledges these serious lapses in the KSAMC’s monitoring processes, which compromise the Corporation's ability to effectively enforce compliance. This is unacceptable.

The KSAMC recognizes the need for immediate corrective measures and is committed to addressing these deficiencies. To that end, the Corporation has already begun to identify reforms for implementation to strengthen its compliance processes. As part of these efforts, the KSAMC is conducting a comprehensive review of its procedures to ensure thorough inspections at all stages of construction. This review includes implementing more detailed and consistent checks to detect deviations from approved plans earlier.

Furthermore, in January of next year, the KSAMC will engage an independent external specialist with expertise in building regulations and compliance to guide the reform process. This specialist will provide independent advice, helping the Corporation adopt best practices and strengthen accountability measures.

Steps are also being taken to address staffing shortages by increasing the number of building officers and enhancing their technical competency through additional training. To improve efficiency and transparency, the KSAMC will seek to introduce digital systems to track inspections, permits, and compliance more effectively. This modernization effort will ensure better coordination and oversight across all development projects.

The KSAMC has also acknowledged that the ‘as-built’ remedial measure, which allows applicants to seek approval for changes after breaches are identified, can be subject to abuse and may inadvertently incentivize violations of originally issued permits. In light of this, the KSAMC will review this arrangement to determine whether changes are necessary to prevent misuse and ensure stricter adherence to approved building plans.

Mayor Swaby and the KSAMC are fully committed to ensuring that future developments comply with all regulations and that oversight processes are rigorous, transparent, and effective. The Corporation is determined to restore public confidence in its ability to manage and enforce building standards within its jurisdiction.

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Editors Note

For several years now, people have been complaining about illegal buildings in Kingston and St. Andrew. Residents of Eastwood Park, New Kingston Richmond Park and other areas have been complaining about the commercialization of residential areas and also changes to buildings without appropriate authorisation. Let's hope that with a new council and new mayor, we will see a new strategy to deal with the challenge.

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