Town planning and legal enforcement (Pt 1)

• Unsightly, illegal development and land utilisation in Eastern St Andrew

WHILE LISTENING recently to a radio programme my attention was drawn to an illegal development and informal 'squatter' settlement which has blemished a large section of Papine road, an area of land owned by the Government.

The parcel of land, which currently and has for many years accommodated multiple families as well as commercial enterprises, lies east of the University Hospital of the West Indies, on the eastern side of Golding Avenue/Papine road in an area known as Mona Commons or Hope Estate.

My enquiries have revealed that the parcel of land was once designated for a type five health centre and received grant funds for the development. But it has for many years been allowed to grow without control.

The informal settlement is directly in front of the hospital and is unlikely to go unnoticed by any passer-by, including the hundreds of students, residents and professionals who traverse the road on a daily basis. The settlement which has steadily expanded over the years without any major intervention by the state, is sprawled out across approximately 10 acres of land owned by the Commissioner of Lands.

So what exactly is the problem? Who are the parties affected and how can it be fixed?

The type of development that has taken place in this section of Mona Commons is disorderly and unprogressive and gives rise to negative undertakings by some residents who exploit the community to indulge in antisocial activities commonly associated with most informal settlements.

Questions

Many persons will ask - Can the problem be fixed? Is it too late? Is there any desire on the part of the state to correct the problem?

In my humble opinion, it can never be too late to correct a poor planning decision or rather the lack of it. The correcting of this problem will be a long process that will require the combined effort by the residents, state agencies and other stakeholders who will have to exercise patience and cooperation. It can definitely be done.

I recommend the following:

The Minister of Housing has the power by law (Housing Act) to declare any area as an Improvement Area or a Slum Clearance Area. This can be done in consultation with members of the public and the occupants of the property, who could either object or agree. There have been several instances in the past where objection was made to new developments which now comfortably accommodate thousands of families, businesses and commercial enterprises which now contribute significantly to the area's progress and advancement.

KSAC is required by law (The Kingston and St Andrew Building Act) to take enforcement procedures as it relates to illegal development. If the KSAC decides to take action, they have the power to serve enforcement notices that would give them the right to clear the land by demolition of those structures that now exist. If this is achieved, it would now pave the way for a new plan to be drafted and subsequently more progressive development.

Relocate residents

If the land is cleared and zoned for redevelopment which can be in the form of high-density mixed-use development (residential, commercial, institutional development combined), alternative land must be found by The Minister of Housing in collaboration with The Commissioner of Lands to relocate the residents temporarily. These residents must be given first right of refusal to the units on completion of the new development.

Unimproved land can also be located elsewhere in the said geographical area. For example; Tavern, Papine, August Town, and sub-divided for high-density residential development in a manner similar to housing projects previously completed in areas such as Delacree Park, Monaltrie etc. The land on Papine road could now be zoned and subsequently developed for other commercial, or institutional uses and sold or leased to private investors. Those small and micro-businesses that were previously owned by said Mona Commons residents could be relocated to a refurbished and improved Papine Market.

It is obvious that this situation cannot and should not be allowed to continue. The initial intervention MUST be by the authorities of THE STATE who can subsequently have dialogue with the private sector and other stakeholders. It is critical that a socio-economic survey be done without further delay to determine the status of the occupants of the land. The socio-economic survey will reveal information to guide the cooperation that is necessary between all the stakeholders, and the programme to be implemented in the interest of all concerned.

Kari Douglas is a valuation surveyor and the People's National Party caretaker-councillor for the Trafalgar Division in SE St Andrew.