Nedburn Thaffe, Gleaner Writer

The Kingston and St Andrew Corporation (KSAC) is moving to investigate a foul-up at the council, which saw the KSAC Building Committee granting approval for the construction of a multi-million dollar apartment complex in a upper St Andrew community, despite an earlier Supreme Court decision ordering that the apartment be demolished.

Addressing the KSAC monthly meeting on Tuesday, Councillor Vernon McLeod in a letter read by Town Clerk Errol Greene called on the council to furnish answers on the basis on which the KSAC Building Committee ignored the court's decision and gave the stamp of approval for work to continue .

The building was said to be riddled with breaches under the building code.

thorough investigation

McLeod, in calling for a thorough investigation into the matter, reminded the mayor and councillors that it was in 2008 that notices were served against the developer to cease construction on the property and demolish the building within seven days of the granting of a court injunction.

The matter was then brought to the Supreme Court where a number of hearings were held and judgement was handed down in favour of the KSAC.

A ruling was handed down ordering that the developer demolish the building, recover all debris and restore the property to its original state by January 15, 2010.

"My understanding is that the Court order was ignored and it is said that the developer submitted to the KSAC several other adjusted, modified applications for approval, the last one being in July 2012," McLeod said.

He added: "However, the KSAC department of planning recommended refusal of planning permission. The government's town planner NEPA (National Environ-ment and Planning Agency) also refused planning permission. The KSAC city engineer also refused recommendation of planning permission and submitted various reasons for the refusal."

legal ruling

He questioned how it was that the building committee could have gone ahead and given the stamp of approval ignoring not just the Supreme Court ruling but that of the various regulatory bodies.

In responding to the matter on Tuesday, KSAC Mayor Angela Brown Burke in admitting that there was something "strange" about the decision of the building committee said she would be moving to address the matter.

"I have written to say that the decision cannot stand as it is and that the matter needs to be discussed at the next building committee meeting," Burke said.

The mayor did not say whether actions would be brought against any member of the committee.

nedburn.thaffe@gleanerjm.com