Business boom or economic confusion?

Nov 06, 2013 News

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…Commercial establishment, the Laws of Guyana and its enforcement

By Zena Henry
Previously reported were several pieces of legislation under the Municipal and District Councils Act which speak directly to building codes, regulations for residential and commercial districts, restrictions and penalties among other things. It was also reported about the commercial progression that has over time engulfed the city. However, given the manner in which the business society has grown – considering its physical development in particular- attention is being placed on the management and smooth operation of the city.
Despite an apparent disregard for the city by-laws, some have seen the activities as development economics while others dubbed the “lawless” and “indiscriminate” construction as economic confusion. These persons have also accused authorities of turning a blind eye and criticized them for condoning indiscriminate construction.
The Georgetown Mayor and City Council (M&CC) has however assumed responsibility for the functioning of the city, in accordance with the city by-laws. While some responsibility, according to the office of the City Engineer, has been attributed to the Central Housing and Planning Authority (CH&PA), the M&CC has a significant role.
Zoning was reiterated as being the responsibility of the CH&PA, since they determine where commercial activities and residential areas should be established.
“Only what has happened over time is even though some areas were zoned for residential purposes, approval was given for some forms of commercial activity. You find that when these plans have been submitted to the City Engineer for approval, we would forward it to stakeholder agencies, for example, if it is within the zoning area. Guyana Water Inc (GWI) deals with verification of the building’s magnitude and whether it will have effects on the system. When the documents are returned, it is forwarded to the CH&PA to address other factors for the proposed activity in the area.”
The Engineer’s office related that considerations are based on type of commercial activity and its effect on the area. “That board comprises various agency representatives including the fire service, which considers safety measures.
“The proposal then comes back to the Council and is further ratified at the Council’s statutory meeting. The statutory body has the right to object Housing’s approval. Once it’s before them (Council) they can look at it and say we don’t want this type of activity in this area. So whenever commercial activity is being approved it goes to statutory for final approval from Council. It is then signed off by the Town Clerk and the City Engineer.”
It was, however, clarified that once a structure is for commercial use it has to engage the CH&PA, “and that is not only for Georgetown, but countrywide. Even the other Neighbourhood Democratic Councils would have to send those proposals.”
The Engineer’s office was also clear about prohibited activity within the specified zoning areas. “I don’t know if to say it is against the law or not. To put it simply, the ball is in their court (CH&PA). Whether the zoning they have established or whether they approve other activities in the area, they have to know on what grounds they would have done that.”
The Engineer’s Office cannot pronounce offhand on permission granted to certain business, the newspaper was told. But it is certain that developers have to engage the Council and also acquire land use clearance from the CH&PA.
“An audit of these unaccounted businesses can be done both by the CH&PA and the municipality, but it depends on the concerns,” the office said.
“Some persons have been written to about changing the use of building without necessary permission. You find after they apply and we send those documents to the CH&PA, eventually, they would have to do some form of adjustment. So persons go ahead without the necessary approval. The Council has taken legal action against persons who have not complied with the by–laws, but what you find is that some of these cases are in the court for a very long period. You would find also that because of long periods and long dates, some officer or someone resigns or a Magistrate gets off the bench and the matter has to start over; so it is not a speedy process in terms of enforcing the law.”
Additionally, finance in general is a problem because the engineer’s department depends on Council’s resources to do its job. However, the office noted that insufficient finances have led to prioritizing the engineer’s work.
“And most times it ends up that the engineer’s department has more priorities than other departments, since Council assets are repaired by the City Engineer and the resources don’t come in time for this. The canals and street drains depend on Council having funds and equipment to address these things.”
The Engineer’s department highlighted, however, that most of the new buildings popping up around town have the necessary documentation, while there are a few that may submit for approval but tend to start work before time. It is the various agencies that deal with processing documents that account for a time frame, and this is a concern by various agencies and developers.

 

 

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