Town planning serves notice on Lower Estate operators

The Chief Town Planner today served enforcement and stop notices on the owner and operator of land at Lower Estate, St. George, that has been the source of complaints from neighbours for several months.

The action, taken under the Town and Country Planning Act, Cap. 240, saw Denzil Power & Sons Limited, of Lower Estate being served as the property owner, and Jose & Jose Group of Companies, of Lot 46 The Belle, St. Michael, being served as the occupier.

According to the enforcement notice, the Chief Town Planner has concluded that mining and quarrying taking place on the property bordering a landfill where off-and-on smouldering has been an irritant to neighbours, is occurring without the necessary permission of his office.

“It appears to the Chief Town Planner that the above development has occurred within the last four years between January 2020 and September 2021 and being after 14th April, 1972, the date of coming into force of the Town and Country Development Order, 1972, and the Chief Town Planner hereby requires that the following steps be taken to restore the land to its condition before the development took place,” the notice states.

The entities served are now required to:

“(a) Cease using any part of the land for mining and quarry purposes.

(b) Cease using any part of the land for the purposes of storage in connection with the said development.

(c) Remove from the land all vehicles, equipment, machinery and materials brought onto the land for the purposes of that use.

(d) Restore the land to its condition before the breach took place.”

The documents explain to the parties served: “This notice takes effect on October 06, 2021, unless an appeal is made against it beforehand, or an application is made to the Chief Town Planner in accordance with the provisions of Section 22 of the Town and Country Planning Act, Cap. 240 for permission to retain on the land any buildings or works to which the enforcement notice relates, the enforcement notice shall not take effect until the expiry of a like period after the final determination of that application by the Chief Town Planner and if permission is granted on the application the enforcement notice shall not take effect.”