Widcombe residents score major victory against property developer

Some residents of the upscale St Andrew community of Widcombe Heights have described a Supreme Court ruling on Wednesday which refused to modify the restrictive covenant on a property in the area to allow for the building of townhouses as a major victory.

Marcia Elaine Givans who is the registered owner of 23 New Haven Avenue applied to the court for an order to modify the covenant which made provision for only a private dwelling house.

The Kingston and St Andrew Municipal Corporation in March 2019 had granted planning and building permission for Givans to erect a one bedroom apartment, a game room and six two-bedroom townhouses on the property.

Construction began in June 2019 before the application was made in the Supreme Court for the modification of the restrictive covenants.

After construction began, one of the neighbours sent a cease and desist notice letter to Givans, but the construction continued.

Several residents filed a formal objection to the lifting of the covenant.

They contended that the proposed modifications were likely to “interfere substantially with and be detrimental to our enjoyment, comfort and convenience of our said property and in particular it will lead to an increase in traffic and noise and density given the likely increase in the number of persons that will live on the subject land.”

Lawyers for Givans had argued that the covenants should be deemed obsolete due to changes in the use and occupation of the neighbourhood.

Justice Pamela Mason, after hearing legal arguments from attorneys representing the parties, ruled that the application for modification of the restrictive covenants for the property was refused.

Legal costs were awarded in favour of the objectors.

-Barbara Gayle

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