‘Misery Villas’

Amid certain allegations concerning the process of building approval and terrible environmental effects as a result, the building boom continues. According to a sales representative at Century 21 Real Estate Limited, townhouses in Diego Martin and Petit Valley range in price between $1.5 and $2 million and tend to sell out before they are completed.

In March 2005, Planning and Development Minister Camille Robinson-Regis highlighted the fact that several developers had secured approvals during previous administrations and there was nothing the Government could do to stop such projects. This came after then Works and Transport Minister, Franklin Khan, assured that Government would crack down on hillside developers. He also highlighted the “sidestepping” of Town and Country regulations.

Despite the reportedly stringent inspections of the multi-million dollar developments by the Town and Country Planning Division, disgruntled Diego Martin and Petit Valley residents have reached the point of questioning whether they are suffering from simple negligence or something more serious.

“We have never seen any approval to develop that land,” said Richard Khan, a resident of Julien Park, Diego Martin, whose property was flooded during recent heavy rains after developer Noel McCune cleared a neighbouring plot of land to build the proposed “La Montana Villas.”

“If you see a proper development, the infrastructure is set up before. He diverting all his water into my little drain,” Khan complained.

McCune disputes this. He says he had his land inspected by the relevant authorities and approval was given as a result of his strict adherence to building requirements.

Coincidentally, McCune recently faced the negative impact of work near to his home by another developer, whose $16 million project comprising 34 multi-family units is adjacent to Union Road, Petit Valley.

One teenaged Union Road resident told Sunday Newsday, “My partner’s house was flooded out over and over. The water in there was knee height. I think the man who is building it is building back a house but that’s after the fact. How could the Government allow someone to chop down the mountain and flood peoples’ houses?”

However, when Sunday Newsday asked how developers were gaining approvals for such projects, several individuals at the Town and Country Planning Division defended the actions of the agency.

Andre Nestor, Officer at Town and Country, explained, “All approvals are given with proper inspection. When residents have a complaint what they are entitled to do is put a letter in writing to the division.”

When asked whether approvals were being overstepped or “fast-tracked” for multi-unit developers, Nestor replied, after being asked the question twice, “I have no knowledge of any such thing.”

Town and Country Planning Building Inspector for Diego Martin Rondy Palloo was asked about possible questionable activity regarding building approvals.

He said, “As far as I am concerned, no preferential treatment is given to developers.”

Palloo then said any further questions should be directed to his superior, Town and Country Planning Director, Cheryl Ann Haynes. Several attempts to contact Haynes were futile.

Lyndon George, Vice-Chairman of the Diego Martin Regional Corporation, said, “I was aware of the McCune situation for about five years now but there are cases I know of personally where builders got approval within months.”

Albert James, Diego Martin Regional Corporation Building Inspector, admitted, “Diego Martin is a big place and we don’t have the experts like civil engineers, fire prevention officers and waste disposal personnel, so we have to depend on the respective agencies like Town and Country Planning.

“Sometimes we make weekly visits to contractors and we have to plead, and many times threaten, because for them at the end of the day it is about making money.”

Other officials at the Corporation expressed scepticism about one Diego Martin hillside development.

Approval for the project, which has been given attention by several Ministers, was granted by a previous administration.

In 2003 the site was found to be in violation of environmental requirements, even after having acquired clearance beforehand.

Minister of Works and Transport and Diego Martin East MP, Colm Imbert, raised several concerns about the development in 2003. However, when Sunday Newsday spoke to Imbert, after leaving voice mails on his mobile phone, he simply said, “This is really a bad time.”

One resident, who has taken the developer of this site to court said, “I had been complaining to Town and Country, the EMA and the police but the complaints fell on deaf ears.

“I called the police on numerous occasions with no response but when I had a photographer taking pictures he called them and they responded.”

Similar complaints have come from residents of Pinewood Gardens Petit Valley, who live opposite to Aquarius Development’s 12-acre clearing for the proposed 96-unit Gulf View Heights.

Residents said they have to cope daily with dust on their floors, cars and furniture, along with high levels of noise. One elderly resident complained that since the 17-unit first phase of the development, they have experienced random fluctuations in water pressure.

Eugene Haynes, senior officer at the Water and Sewerage Authority’s (WASA) Plumbing Inspectorate, said in cases such as the Union Road development, a booster station must be used to ensure there is no loss of water pressure as a result of construction in a large housing development.

He said in most cases, surrounding residents have their water supply rationed according to a WASA schedule and need to purchase storage tanks to ensure a continued supply.

Another official said to get water to some of the larger hillside developments, as much as three times the approved maximum pounds per square inch (psi) of water is used. According to the source, this leads to leaking pipes and other related problems for residents in lower lying areas.

Due to the complaints of flooding, drainage is a pressing issue. Attempts were made to contact Chief Drainage Engineer at the Ministry of Works, Richard Sahadat, about the reports of flooding. However, Sunday Newsday was told he was on vacation.

Field officers were hesitant to comment on claims of damage caused by large trucks and equipment on roadways leading to these developments.

Affected residents have expressed concern about the Environmental Management Authority’s (EMA) ability to enforce environmental regulations. According to environmental lawyer Christine Toppin-Allahar, monitoring by the EMA may well be suffering from a lack of resources. She also highlighted the absence of a “stop notice” in local legislation which would allow for stoppage of work on a site if it is found to be detrimental to the environment.

Based on questions raised about the approval process, Toppin-Allahar said there may be many reasons for inconsistencies.

Section 49 (2) of the Planning and Development of Land Bill 2001 allows the Minister to “revoke” or “modify” approvals given to developers. The Bill, which was drafted as an update to the archaic Town and Country Planning Act, has never been passed due to several lapses and other anomalies.