Barbara Gayle, Staff Reporter

Two St. Andrew property owners who refused to comply with orders from the Kingston and St. Andrew Corporation (KSAC) to desist from carrying out commercial activities in a residential area were yesterday barred by the Supreme Court.

Mayor of Kingston Desmond McKenzie described the ruling as a "moral victory" for the KSAC. He issued a warning to residents to desist from carrying out commercial activities in residential areas or face similar action through the courts.

"It is part of our continuous efforts to ensure that commercial activities do not continue to encroach on areas which are restricted to residential use," the mayor said in response to the court ruling.

The mayor emphasised that "although the process may take time, it works." He urged residents of other areas affected by similar acts of encroachment, including persons living in Richmond Park and Eastwood Park Gardens "to take heart from this success".

The court order was made against Diana Cooke and Deborah Ezzo, registered proprietors of 37 Bedford Park Avenue, St. Andrew. They had converted the property to allow vehicular traffic between Bedford Park Avenue and Constant Spring Road and were conducting commercial activities on the premises which were in breach of the Town and Country Planning Act and the restrictive covenant.

Fence to be installed

After hearing legal arguments in the matter, Justice Patrick Brooks ordered that, on or before February 19, Cooke and Ezzo are to install a chain-link fence anchored in concrete at its base along the entire boundary between their property and 48 Constant Spring Road. The fence is not to have gates, gaps or holes which will allow vehicular or pedestrian traffic through it.

They have also been ordered to cease using the premises for commercial purposes on or before March 31 as well as barred from using the premises for any purpose restricted by the covenants on the registered title.

The court ordered them to to file and serve on the KSAC, on or before February 28, an affidavit confirming their compliance with the order in relation to the fence. An affidavit in compliance with the use of the premises is to be filed and served on the KSAC on or before April 15.