Housing Authority to halt violation of zoning laws

Oct 02, 2016 News

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By Abena Rockcliffe-Campbell
The Central Housing and Planning Authority (CH&PA) is moving to bring back something that has been absent for quite some time in the City – Zoning.

Zoning describes the control of the use of land, and of the buildings thereon. In many countries, areas of land are divided by appropriate authorities into zones within which various uses are permitted. Zoning is almost non-existent in Guyana. However, CH&PA is looking to change that.
Chairman of the Board of Directors at CH&PA, Hamilton Green, told Kaieteur News that the Board has an interest in correcting many of the wrongs within its authority.
He said that zoning is an important aspect of the Board’s responsibilities. Green admitted that zoning has been significantly violated especially in the City. The Chairman also admitted that zoning attracts different views at the level of the Board and at the political level.
While Green did not expound on the differing views, it was inferred that the Board has the will to bring things in order.
The former Mayor said that the society continues to evolve and it is imperative that zoning be addressed in the midst of the evolution.
In this regard, Green pointed to government’s charge to build communities and said that the Board will be looking intently at the principles of building communities. It will take zoning into serious consideration in doing so.
Green said that over the last few months the Board has rejected a large number of applications.
There are applicants who are looking to open rum shops and similar facilities close to schools, temples, mosques, churches, mandirs and Kingdom Halls.
“Every meeting we have to be rejecting applications like these. It is ridiculous; people have little regards for certain principles these days,” said Green.
Green then made mention of a school that is being built in Durban Street, Lodge; the Board Chairman said that he finds it appalling that the owners have decided to erect a school and do not provide facility for parking or recreation for the children, “nothing of the sort has been catered for.”
The Chairman gave the impression that the owners of this school will be stopped short in their tracks, “We are looking into it.”
Green also pointed to a growing phenomenon where persons are converting their homes into schools without even taking fundamental measures. The Chairman said that a lot needs to be done, but the Board has to devise strategic actions to address those who would have already spent millions to erect their buildings and may have thriving businesses at unlawful locations.
“We are working on it. Some measures are being taken, but more needs to be done,” said Green.
The efforts of CH&PA will be complemented by the Mayor and City Council. City Council is currently in the process of establishing a National Capital Planning Commission (NCPC) which will be mandated to pronounce on several issues relative to urban development.
One of the issues which the Commission will look into is the strict enforcement of building codes in the city. The idea to establish such a Commission was suggested to the Council by President David Granger during an address to the M&CC last June.
In a recent letter published in this newspaper, Senior Counsel Rex McKay called for the Commissioners of the NCPC to possess a copy of the Georgetown Building By-Laws.
McKay raised the issue that there are commercial buildings in areas prohibited for such activity under the by-laws. He specifically pointed out the area east of Oronoque Street which is bounded on the west by Oronoque Street, on the east by Irving Street, on the north by Lamaha Street and on the south by Church Street which includes from West to East Oronoque, New Garden, Peter Rose and Irving Streets; from North to South – Lamaha, Anira, Laluni, Crown, Lance Gibbs, Forshaw and Church Streets.
According to the legal luminary, the 55 companies carrying on trade or business within the restricted area (East of Oronoque Street) are in defiance of the by-laws. The effect of the law is that no building used for any manufacturing, trade or business shall be erected or built on any lot in that area nor shall any building be used for such purposes.
McKay attributes the current situation to the misfeasance by the authorities approving applications for building permission in which to carry on trade or business within the restricted area of Queenstown in breach of the building by-laws.
According to the Mayor, the NCPC will also look into these matters.
Before the new commission was announced, McKay said that there have been past, present and very recent examples of the total disregard for the Georgetown building by-laws aided and abetted by supervisory government authorities the City Council, the City Engineer and CH&PA.
He said that residents of Queenstown have seen the systemic degradation of their residential district which was created by the Georgetown Building By-laws over fifty years ago. “The result of the degradation is due exclusively to misfeasance by the authorities approving applications for building permission in which to carry on trade or business within the restricted area of Queenstown in breach of the building by-laws…”
The question that arises is whether the present government with its declared intention to govern by the Rule of Law would allow the said institutional lawlessness to continue or whether they will take pre-emptive action to ensure that such lawlessness cease forthwith.

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