KINGSTON, Jamaica— Mayor of Kingston, Councillor Andrew Swaby, has disclosed that a breach was detected at the commercial building on Lyndhurst Road which is under investigation by the Kingston and St Andrew Municipal Corporation (KSAMC).

In a statement on Tuesday, Swaby said that a stop order was placed on the building in November 2023 after it was discovered that the construction was three storeys and not a two-storey structure as was permitted.

The mayor said the disclosure is being made to the public as he recognises “the gravity of the matter, particularly as it involves a sitting councillor of the KSAMC”.

After requesting a detailed report of the issue, Swaby revealed the following “in the interest of accountability and transparency”:

• April 21, 2023: JACDEN submitted an application seeking permission for the partial demolition, renovation, and construction of a two-story building intended for office and warehouse use.
• April 25, 2023: The application was assigned to the Building Officer responsible for the zone where the building is located.
• May 5, 2023: The application was referred to the Jamaica Fire Brigade (JFB) and the Town & Country Planning Authority (TCPA).
• June 20, 2023: The Building Officer completed an initial assessment of the application.
• August 3, 2023: The Jamaica Fire Brigade (JFB) responded to the application, requesting amendments.
• September 29, 2023: The Director of Planning visited the site and discovered that the structure under construction was a three-story building, exceeding the two stories specified in the application.
• October 9, 2023: The Town & Country Planning Authority (TCPA) responded to the application, also requesting amendments.
• October 17, 2023: The breach of the approved plans was officially documented in the file.
• November 10, 2023: A “cease work” notice was served on the owner/occupier.

“Several key requirements were subsequently imposed on the applicant to regularise the development (as built measure). These included submitting updated drawings that accurately reflect the actual construction, paying as-built fees equivalent to one per cent of the bill quantities prepared by a registered quantity surveyor (the maximum fee allowed by law for breaches), and providing a professional engineer’s report to confirm structural integrity. On April 30, 2024, the applicant had complied with all these requirements,” Swaby said.

He informed that an application for the variation has been submitted to the KSAMC, which was referred to the Planning Department on December 17, 2024.

Following this, Swaby said, the application will be presented to the Building and Planning Committee for consideration.