IC says company connected to Holness breached building laws

The Integrity Commission has found that a company connected to Prime Minister Andrew Holness breached building laws, in the development of town houses in Beverly Hills, in St Andrew.

This as the development done by Estatebridge Holdings, has 4 bedrooms instead of the approved 2 bedroom units.

The IC also chastised the Kingston and St Andrew Municipal Corporation for not doing proper inspection and monitoring of the development.

In a report tabled in parliament yesterday, the IC noted that its probe initially began with allegations of irregularities in the development and building approval processes relating to property owned by Mr Holness.

However, the probe later focused on a residential development located at 2 Weycliffe Close, Beverly Hills, Kingston 6, which is owned by Estatebridge Holdings Limited.

The directors of Estatebridge include Holness’ business partner Norman Brown, while the contractor for the development is Kennado Nesbeth of KNN Designs and Consultants Limited.

The IC noted that upon investigation, it was found that the development was being constructed contrary to the terms of the planning approval and building permit issued by the Kingston and St. Andrew Municipal Corporation, KSAMC, and the Building Act.

The IC said whilst planning approval and the building permit were issued for the construction of four semi-detached townhouses in two two-storey buildings consisting of two-bedroom units, at the commencement of the investigation the erected development consisted of four, four-bedroom units.

The director of investigations concluded that the breaches were deliberate and that the directors of Estatebridge, are liable.

He noted that inconsistent representations made by Brown and Nesbeth in respect of the layout and composition of the development, were blatant attempts to mislead the commission.

The DI found that Nesbeth, either conspired with or aided and abetted, the directors of Estatebridge, in the commission of the foregoing breach and is thereby equally liable for said breach.

The director also concluded that the KSAMC failed to effectively discharge its responsibilities to ensure compliance with the terms of the approvals granted.

It was noted that the KSAMC, though paperwork relating to the three inspections conducted, suggested that the development was compliant at all stages, but the DI’s inspections of the development belie this.

In its recommendations, the IC urged the chief executive officer of the KSAMC to implement additional measures to ensure adherence to the provisions outlined in the Building Act, in relation to inspection and post permit monitoring responsibilities and functions.

The IC also recommended that the KSAMC conduct an administrative review of existing compliance regime with respect to building permits issued by that entity.

Serious consideration should be given to ensuring that the relevant processes are corruption proof.

It said the KSAMC should make its own assessment and take any action necessary and appropriate to achieve compliance with the Building Act.

The commission noted that the building breaches identified at Beverly Hills are similar to those identified at Charlemont Drive, Kingston and as such similar recommendations are being made.

This includes, a recommendation for the introduction of legislation that imposes pecuniary penalties on developers who wilfully violate building and development permits for financial gain.

More particularly, profits attributable to breaches should be forfeited.

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