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The apartment complex located at 17 Birdsucker Drive, Kingston 8. The Supreme Court ruled that the KSAMC and NEPA illegally authorised construction there.
One of the claimants in Thursday’s successful Supreme Court ruling that a multimillion-dollar St Andrew apartment complex was illegally approved and constructed believes that many more such developments are in breach.
Gavin Goffe, an attorney-at-law, also believes that while the court order made no pronouncement that the complex be torn down, the lack of authorisation suggested that it was “entirely possible that the authorities could ask that it be demolished”.
He argues that a property constructed without any approval or permit is in the same substantive position as one that is built on the pretext of a permit that the court later declares null and void.
5:54 pm, Thu December 17, 2020
The Kingston and St. Andrew Municipal Corporation (KSAMC) says it reviewing the Supreme Court ruling that a three-storey apartment building on Birdsucker Drive in St. Andrew was illegally approved and constructed.
In a response to
Radio Jamaica News Thursday afternoon, the municipal corporation said it is taking advice from its attorneys on the matter.
The Gleaner reported that Justice Georgiana Fraser on Thursday overturned the building and environmental approvals for the development, declaring that the KSAMC and the National Environment and Planning Agency (NEPA) broke the law in granting them.
The 84-page judgment is a major victory for residents of Birdsucker Drive who took the matter to court in 2018.