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Pictured: Scenes on Wednesday in Rodney Bay as the owner of a hotel refuses to come down from the rooftop of his property. The DCA was on hand to serve him with documents but firemen had to be called in first to ‘help’ the hotelier down!
The DCA may finally be showing that it has the teeth, backed by legal documents, to bite where it hurts most, when it comes to illegal developments in Saint Lucia. Just last month the STAR ran a story about the number of notices that the authority has placed on illegally erected signs, for them to be taken down, without compliance or further action by the DCA. However this week, the DCA, which is a government agency, sprang into action against a businessman for non approval for the construction of an hotel and entertainment center.
Backed by a ruling handed down by High Court judge Brian Cottle against the prominent businessman in the north, the DCA proceeded to the site of the development on Wednesday. The purpose was to serve a notice on Planning’s intent to bring in estimators on Friday 16th October, 2009. A source within the DCA told the Star that the notice is really to give the authority an idea of the cost of demolishing the structure in question which was constructed illegally and then they would proceed with the demolition, with the defendant having to pay the cost. This our source says happened because the defendant in question failed to comply with a court ruling to demolish the illegal structure himself by September 30th.
However, on Wednesday when the DCA arrived at the property at Rodney Bay, the businessman made a hasty retreat refusing to accept the notice and proceeded to climb to the top of his three storey building refusing to come down. Eyewitnesses told the Star that initially they thought it was a suicide attempt. The Gros Islet Fire Service had to be called in to bring the businessman down from the roof. According to reports he then still refused to accept the papers he was being served. The document was subsequently stuck on the third floor of the hotel and entertainment lounge at Rodney bay.
The STAR has since obtained court documents related to Wednesday’s incident, which is a matter that has been ongoing for about four years. Following court appearances in 2009—on July 10, 17 and 31—for a case heard between the Development Control Authority, as the claimant and Darnely Ishmael and Moses Ishmael, as the defendants, judgement was handed down. The final judgement calls for the demolition for illegal construction. Prior to the 2009 hearings about the said construction, there were recorded discussions between the DCA and the defendants where the defendants were asked to cease any further construction unless so approved by the DCA. The defendants were also asked to construct nine functional parking spaces and that the defendants submit an application to claimant for approval-in-principal on or before April 1, 2007. This application was to include a revised site plan for the development, indicating the nine foot high boundary wall which now surrounds the site.
However despite the consent order, the defendants continued the construction. Court papers indicate that they built a third storey on the building and constructed an external staircase to access it.
“A nightclub, the Bliss night club now operates on the newly built level,” the court documents went on to state. It also indicated that the DCA sought to have the defendants committed to prison for breach of the court order. However, one of the defendant’s lawyers Mr Dexter Theodore instead submitted that the defendant be asked to pay a fine of EC$5,000 to a local charity. But Judge Brian Cottle responded, “Unfortunately I find that I cannot accede to the blandishments of Mr Theodore. The defendants were fully aware of what they were about. Despite the very clear terms of the court order they persisted. Affidavits filed by the defendants in this matter reveal themselves to be less than completely candid.”
The defendants were then ordered to comply with the following; “The Respondents, its servants or agents are restrained from using the third floor of the three storey building for the hosting of any public or private entertainment events from 31st July, 2009. Secondly the respondents were ordered to demolish the walls and roof of the third floor, currently being used as an entertainment area named Bliss Night Club and Lounge of the three storey building on or before 30th September, 2009 and remove the windows, doors and all other fixtures including the toilets, cupboards, air-conditioning units located on the third floor of the three storey building and demolish on or before 30th September, 2009 the two straight flight concrete steps leading to the third floor of the building.”
Thirdly, the Respondents were further ordered to submit an application for the retention of the unauthorized two-storey building on or before 30th September, 2009.
The ruling went on to read; “Should the Respondents fail to demolish the third floor of the unauthorized three-storey building by 30th September, 2009 the Applicant, its servants or agents will be at liberty to enter and demolish the third floor of the three-storey building located thereupon and recover the costs of the demolition
from the Respondents should the Respondents fail to: Submit an application for the retention of the unauthorized two storey building; and Provide the minimum of nine (9) parking spaces measuring 8’ x 18’ and a driveway measuring no less than 18 feet on or before 30th September, 2009. A fine of $172,750.00 is to be paid by the Respondents. Additionally, the defendants will pay the cost of these contempt proceedings which was fixed in the sum of
$1,400.”
On Friday the DCA, along with members of the SSU proceeded to the
Rodney Bay property to go ahead with its estimates which will be followed by demolition. No word yet as to when the actual demolition will take place.
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Wow!!! that’s totally new, St. Lucia starting to develop baby teeth, that’s a good start. So is the dude still on top the roof like a gashier or a mashie noir?
This is BS; pure BS!!!
Why treat a local businessman in that manner!
Is he the only person who has ever built an illegal structure on lands at Rodney Bay ? What about all of the non approved additions to restaurants in Rodney Bay; restaurants not owned by St Lucians.
If the property of that St Lucian is demolished, then the DCA needs to go door to door in the Rodney Bay area, and make sure that all properties there are built in accordance with their recommendations.
Typical case of St Luians keen on bringing down other St Lucians.
GTFM,
you stupid nieve ignorant fool. what happends to all the innocent people that attend this night culp, unaware that the premises may be structurally unsound?
but oh, who cares about that, as long as I can flap my wings to some badass rapper.
Great, now the DCA needs to order Jalouise to give locals proper public access to the beach near Jalousie and make Sandals take down those pillars at Pigeon Point.
What’s Butch going to do? Pack up and take all his hotels with him? We appreciate him helping with local development but our laws need to be respected, we want an island we can call home at the end of the day.
I don’t have a problem with the DCA impeding what little investment our locals make in the tourism sector on an island where our main income earner seems poised to be taken over by foreign investors. If we are to keep St. Lucian land in local hands we need to do it the proper way and not cut corners because it is our home. Stop the laissez faire attitude towards our laws. You don’t want to live in a country where rules and laws are just suggestions. Trust me.
Anecdotal example: I don’t like using this favourite and frequently cited example of our local people since these are fellow Caribbean nationals but living in Jamaica for the last 2 years you can see the challenges faced when their people don’t follow the rules they are given. It seems there is a way to beat just about every system and signs go ignored much too often. Sometimes it’s hard to study in the “silence” of the UWI Main Library because of lack thereof.
Another example: When Akon was in Trinidad and got caught up in a controversy for dry humping an under-aged girl at a night club. It prompted him to write this song:
http://www.youtube.com/watch?v=HS7aULdHo24
The explanation is at the 4 minute mark. But in short had the rules been followed and the teen was not allowed into the club then all the fallout could have been avoided.
Local or foreign, regardless, business is business and they have to start somewhere. It is for everyone’s good in the end.
This is a response to GTFM. The DCA had to start somewhere. Why are you saying “what about all the other..blah, blah blah…”. Someone has to be made the example. I trust in time other establishments will be equally chastised.
Unbelievable - is this the same DCA that has approved EVERY development that has been coming across their desk? These approved developments are ‘foreign investments’ though. I wonder why DCA has NOW decided to push out baby teeth to chew on a local business owner. Could it be that his 3rd floor is impeding the view of a few concerned property owners in the area? I am not condoning construction without DCA approval on the contrary - I hope these baby teeth develop into formidable canines.
GTFM,
Dont show yourself to be a fool. Its this ssame mentality that has us where we are. The businessman has been in court with the DCA for some time. He was given instructions. He was given the opportunity to make good on his situation, what did he do, he defied the ruling of the judge, he broke the law. He was given an opportunity to submit an application for the two storey building.
I have workded with the DCA i know the how difficult their work is. Poltiticians get involved and prrevent them from doing their job. Its a tough situation to be but the court and DCA have been lenient with him. PERSONALLY, I THINK THE FINE IS TOO LOW. It is this acceptance of such actions when people continuously break the law and get the support of people like you that has this country in this mess. DCA must do their job and it should apply to all, but they must start somewhere. If there is not control of development in St. Lucia, in ten years time this beautiful island our ours will be a mess.
The situation is Soufiriere is because of the same illegal building. That should be DCA’s next stop.
Where was the Development Control Authority while the construction was going up? Don’t they have agents to monitor new development? I also agree with GTFM that this is an effort to hamper the locals making a living. He has already built the place why don’t they just fine him for not having a permit.
The DCA could not get Sandals to remove 2 measly pillars off the beach at Pigeon Point . So what do they do? They unleash their fury on an unsuspecting local businessman.
The DCA also needs to look into the following:
1) the various structures built by Sandals on the La Toc beach.
2) the unauthorized “extensions” to some restaurants in the Rodney Bay area.
3) gazebos, tikki bars, and other such structures built by hotels on the public beaches of St Lucia, sometimes even on the water itself. These structures impede very much on the use of the beaches by locals.
I am in no way saying that the local businessman is right. I am simply saying that the DCA should “grow teeth” a bit more often, and not just when dealing with local businessmen!
I can’t believe St Lucians are not outraged by this!
GTFM I find your comment inmature childish and backward looking, it is individuals like you who encourages and justify the breaking of the law because someone else got away with it.
Good on you DCA it is high time we respect the law of the land and everybody submit application and receive approval to build within the building codes of the land. Yes it is the first step I need to see more of this being done and behaviour would recede when people realize the cost of breaking the law - this should also apply to the many foriegners that come to island and flsunt our laws.
this is sad don”t do this this to the man. he spent all this money to build his business and now the court want ’s him to demolish it . yes he was wrong to have constructed this building with out proper paper work . just have him pay a fine or feed the poor for 6mts .or some thing , but don’t demolish the mans building . come on.two wrongs dont make a right.
I think it is good , there are laws and we as a society should be mindful of them.
Wether or not others are allowed or were allowed in the past we have to start doing things that will put is in leauge with other countries, St Lucians have a way about them as if the Law is not for them, maybe because they have some money, or may know some one in higher positions. I am Glad that the St Lucian agency concerened has not waivered in it’s stance and lets others know of the consequences should they wish to follow and do their own thing.
This is what happens when an area become saturated with too many people per square foot. Rodney Bay & Cap Estate has a very high property value and so the rich people affected by unplanned construction are flexing their muscles and rightly so. If you want to build without any laws of physics, you may do so in the country side where only manicoue and lajabless are affected. I feel for the poor dude after spending all that money, but hey, welcome to the North.
with all the chants of there being no sort of guidance in st. lucia with regards to government (and thus related bodies), it is indeed pleasing to read this article.
Whether or not he is local, it would have been in his best interest to abide by the rules of the nation. He was given multiple chances to save himself but for whatever reason chose not to.
In the same breathe, Id like to side with GTFM in that I hope this DCA follows through and be thorough in their work. Land is too important an asset. I pray that God will give such bodies as the DCA to tackle the “bigger boys” especially in cases where foreigners happen to find loop holes and establish themselves and finances on the local property and thus, local economy.
I agree with the judgement. It has to start somewhere !
What people fail to realise is that Moses bought that place in Reduit as a 2 storey house on pillars. The area is ZONED as RESIDENTIAL……not COMMERCIAL! I agree that the DCA should have been there before to try to stop him….. He completely blocked the views of everyone behind him, and started with building the bottom, then piece by piece this thing became a big white elephant is sitting there. That nightclub he built is a DISASTER! There’s ONE, yes ONE door to get in and out…imagine if a fire breaks out in there!!! I’m glad that the DCA is finally doing their job, because since 2004 this has been going on and Moses needs to be stopped!!! Next stop….Jalousie!!!!!
So you people really have no problem with a local business man being the first to face the DCA’s firing squad?
That settles it then ! No more complaining when hotels erect pillars and other such structures on the beach, and limit access by locals to those beaches. I do not reside in St Lucia, so I would not be affected that much.
Again, I am in no way condonning the actions of the local business man. You are right; rules and regulations need to be followed by all. I just do not feel that he should be the DCA’s first target. Admittedly ,the DCA has to start somewhere, but why start with him?
I will not waver in my stance on the matter!
Perhaps you guys can clarify something for me, how is this case different from the Italian guy who is building in the Piton area? I just don’t get it.
Who says he is the first to face the firing squad, is this a fact or are you just complaining about it because it is the norm to make excuses for everything. It is time we realised that rules and laws are there to protect us, it has to start somewhere. St.Lucia is a “store” we sell land , we can’t blame the customer, only the shopkeeper. We have to become good shopkeepers.
This is the biggest problem in St. Lucia, law only applies to the have nots and to those who are considered not in favor with the Government. So in a way it’s as if the roof man has been victimized by a not so straight system, I have had my run ins with DCA about nine years ago and at the time it was like dealing with Robert Mugabe, ears all shut to their selfish and stupid, backward thinking. I don’t know what DCA is like today.
I AM A STLUCIAN LIVING ABROAD AND I AM VERY ANNOYED WITH THE DCA.
WHY PENALIZED A LOCAL WHEN THIS TYPE OF ACTIVITY HAS BEEN HAPPENING ON THE ISLAND FOR SUCH A LONG TIME.
MJI IS LOCALLY OWNED BY A LOCAL .
THAT IS THE PROBLEM
ONE MORE THING I WILL GARAUNTEE YOU THAT THIS POLITICALLY MOTIVATED
Island Awab, I higly commend you for being the very first person to hit the nail on the head, after at least 21 commentators, who have refused to HIT it on the head. Everyone has skirted around the issues, they have even mentioned the Piton developments that are illegal, being built by the Italian. GTFM has a point. WHY the sudden appearance of TEETH in the DCA’s mouth? BET your life it has to do with politics!!!!!!!!!!!! Lucians have notoriously SHORT memories. I remember that Minister Richard Frederick supported the italian man’s illegal activities in the Piton area, with SMOOTH legal chat. And the DCA kept its TEETH hidden inside its mouth, remember folks? It is so nice and easy for us to simply sit in our comfortable homes and offices and say: “well the DCA had to start somewhere,” stupid and shameless HYPOCRITES that we are. Is it not VERY STRANGE to all Saint Lucians that the DCA refuses to start with the Italian family or Butch Stewart? Oh how we poor, “naive” and nimble minded Lucians love the BIG and POWERFUL, even when they make us eat SHIT!!! This is why “PROUD WHITE GUY” above had to attack GTFM, calling him a “stupid, naive, ignorant fool.” But I promise you dear readers that PROUD WHITE GUY will, like all ignorant and “proud” fools before him, also have his day. Today it’s Moses’ tomorrow will be his. This thing smells of pure, dirty politics!!!!!!!