MOST COUNTRIES and cities in the world prohibit its citizens from erecting buildings, residential or commercial, without prior approval to ensure that the structures comply with building codes, satisfy certain ratios for the number of rooms to land area and do not breach zoning regulations. But as part of the general lawlessness and indiscipline in the society, many persons arrogantly proceed to erect buildings without permission of the Kingston and St. Andrew Corporation (KSAC) and Parish Councils which administer the Town and Country Planning and Building Act. The result, for example, has been to turn Jamaica's capital city into an architectural nightmare, a hodgepodge of illegal structures sharing a dubious reputation for ramshackle and poor taste.
One such illegal structure is a bowling alley on South Avenue which has been the subject of a long running legal battle between the KSAC and the owner, a dispute now decided by the UK Privy Council in favour of the KSAC. This is literally a landmark ruling which sends a message that the Jamaican building habitat cannot be violated with impunity. Councillor Desmond McKenzie, the Mayor of Kingston has pledged to demolish the offending structure which was built at an estimated cost of $16 million.
In announcing the legal victory, the Mayor revealed the shocking statistic that 70 per cent of the buildings constructed in the Corporate Area are erected without building approval. Since the beginning of this year some 22 buildings have gone up without approval.
Orderly development of Kingston is an on-going challenge and now that the KSAC has been vindicated by the Privy Council and has the power to control the pace and style of the city's growth, it must exercise such power fairly and with due dispatch. It would be unfortunate if we end up swopping illegal construction for bureaucratic delays in the granting of approvals.
The KSAC administration must be given the resources for it to focus on the spirit as well as the letter of the Town and Country and Building Act. There should be no nit-picking to delay legitimate development plans, and procedures should be put in place to stop bribery and favouritism. An important feature of using power correctly is to have a speedy appeals procedure and we strongly urge that such a system, if it does not exist, be put in place.
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