Wednesday, June 21, 2006

Managing Director of ARCP, Mark Scotland.

A senior official at the Planning Department wants his office to be given the powers to act swiftly with developers who fail to adhere to notices to halt their operations.

Director of Planning Kenneth Ebanks' response came in light of a matter involving Caymarl Ltd and Advanced Road Construction and Paving Ltd on Lincoln Drive in George Town.

Caymarl Ltd has raised an objection to the development of an asphalt plant by adjacent owners Advanced Road Construction and Paving Ltd (ARCP) to the Planning Department.

"As the developer of the adjacent property I feel that a facility of this type will degrade the area as well as the proposed high-end development which is now in progress," Caymarl Ltd wrote.

"To place another asphalt manufacturing plant there in the proposed location has the potential to be a nuisance with dust and emissions to the surrounding parcels/businesses."
In the one-page letter dated 27 April 2006 but received on 5 May by the planners, Caymarl Ltd conceded that there has been another asphalt plant in the area for 25 years.

That other asphalt plant belongs to a member of the Harold "Jay" Bodden family, which owns Caymarl Ltd, according to Managing Director of ARCP, Mark Scotland.

He said that family, which were the original developers, had zoned the area as heavy industrial and it is on that basis his company obtained its trade and business licence in February 2006.

"They're our competitors, it's business objection disguised as a planning objection," Mr Scotland said. 

The Planning Department said that in May and June of 2006 it wrote to the ARCP informing them to "cease and desist" from carrying out work on the Block 19A parcel 7 & 8 site.

Despite the two warnings, the chief planner said Advanced Road Construction and Paving Ltd has continued its operations on the site, which is near the public dump. 

Mr Ebanks said the powers to arrest the situation rest with the Central Planning Authority (CPA). 

Mr Scotland said the objection is frivolous and it came seven days after the 28 April date for objections to be the lodged with the Planning Department by adjacent property owners.

"We're not trying to circumvent any government policy, what we think is that the objection wants to hold up the process and it's frivolous," he said. 

The head of ARCP added that Caymarl Ltd is unfair in stating that his business would degrade the area, given the presence of the landfill, sewerage plant, CUC plant and concrete making companies in the Industrial Park.

He said a late objection from another adjacent owner was withdrawn after his company addressed their concerns, which were on a technical basis compared to those of Caymarl Ltd.

According to Mr Scotland, ARCP has met all government requirements for a trade and business licence and had gotten approval for importation of its equipment for the asphalt operation.

In defending his decision to ignore the Planning Department notice, he said that to postpone work would lead to the "knock out" of his business to please the authorities' 'natural justice' policy.  

He thinks such a practice must not be to the detriment of the applicant who has to wait indefinitely for approval, even after an objection has reached its office beyond the three-week period.  

The CPA meets on 28 June to discuss the ARCP decision to ignore Planning Department's notice to stop work on the plant. 

Minister for Planning and Leader of Government Business Hon Kurt Tibbetts and his Cabinet have promised to give the Planning Department sanctioning capabilities, according to Mr Ebanks. 

Amendments to the Planning Laws would likely go before the Legislative Assembly next month, he said.

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