Amid public scrutiny over construction breaches that were cited by the Integrity Commission in a recent report, the Kingston and St Andrew Municipal Corporation (KSAMC) says it is implementing measures to strengthen its building approval process.

Mayor of Kingston Andrew Swaby made the announcement on Tuesday during the KSAMC’s first monthly meeting for the new year, held at the municipal authority’s office on Church Street in downtown Kingston.

The measures include the formation of a special panel to oversee building and planning matters.

“As we work to strengthen our building approval process, in keeping with the recommendations made by the Integrity Commission, we will be naming a three-member panel to conduct an administrative review of the process. This panel will consist of individuals who have worked in the built environment and who have the skills, knowledge, and experience required to provide proper oversight of the building and planning department,” the mayor said.

Swaby added that the main focus of the panel will be to provide unbiased assessment of the current process, procedures, law, and guidelines which currently govern the development approval process.

“The recommendations of this panel will be made public. The development of Kingston and St Andrew must be responsible, sustainable, and guided by respect for the rule of law. Together we can build a city that is resilient, prosperous, and inclusive. Let us affirm our commitment to place the safety, integrity, and well-being of our city at the core of every decision that we make,” Swaby said to very attentive councillors on both sides of the political divide.

The construction breaches cited by the Integrity Commission have to do with a development being undertaken by Estatebridge Holdings Limited at 2 Weycliffe Close, Kingston 6, and another completed by Councillor Dennis Gordon (People’s National Party, Maxfield Division) and chairman of JACDEN Group, at 18½ Lyndhurst Road, Kingston 5.

In December, Swaby confirmed that there were permit breaches by Estatebridge Holdings Limited in the construction of an apartment complex in Beverly Hills, St Andrew. In the Integrity Commission report, among other things, it was revealed that the company built more rooms than permitted and that the KSAMC failed to ensure compliance with the terms and conditions of the building permit issued to Estatebridge.

Also in December, Swaby confirmed that a breach was detected at a commercial building on Lyndhurst Road and said that it was under investigation. A stop order was placed on the building after it was discovered that the construction was three storeys instead of a two-storey structure as per the application submitted.

That development sparked controversy due to the fact that Councillor Gordon was a member of the KSAMC’s Building Committee. Gordon was forced to recuse himself from the committee amid the investigations.

During the meeting on Tuesday, Swaby said he acknowledged the growing concerns regarding the KSAMC’s internal processes and the recent cases of non-compliance with building permits. He said both cases have understandably drawn significant public scrutiny. The mayor said that KSAMC records confirmed that the initial permit issued to Estatebridge expired on July 6, 2023; however, construction continued without obtaining the required extension at the time.

“This occurred under the leadership of the deputy mayor [Delroy Williams], who was mayor at the time and responsible for the administration of the council and its committees. It is critical that our discussions remain fact-based. As leaders we have a responsibility to provide the truth to ensure that public discourse is guided by accurate information. Since these issues were brought to my attention I have ensured that my public statements reflect only the facts as presented in official KSAMC reports. I have refrained from speculation, assumption, and political gamesmanship,” said Swaby.

Regarding the construction at Lyndhurst Road, Swaby said that matter also originated under the leadership of former Mayor Williams.

“At no time during his tenure or before the media highlighted the issue did he bring it to my attention that a company associated with a councillor from my side of the aisle constructed a building without approval. Despite there being an application, approval was not yet granted,” Swaby said.

“Let it be known that the then chairman of the council refused to allow a motion for a resolution that included a recommendation that would have mitigated against these occurrences and I have the resolution right here that was submitted in January 2022. Since assuming office, I have prioritised engaging and incorporating perspectives from both sides,” he said.

“Unfortunately, the [former] mayor did not attend a single committee meeting… This is disappointing, given our responsibility of ensuring the effective functioning of the KSAMC. Both applications were reviewed and approved for regularisation by the KSAMC Building and Town Planning Committee on January 8, which was done with bipartisan support. I understand the public concerns surrounding the perception that approval was as a result of the property owners’ political connections. However, it is important to note that as-built is a legal remedy available to all applicants found in breach of regulations,” Swaby said.

He said he recognised the limitations of the as-built process, and the fact that it can be misused. To address this, he said the KSAMC has implemented stringent fees on the application.

“In the case of Estatebridge, the applicant was required to pay three times the building fees, and for 18½ Lyndhurst Road the applicant was required to pay one per cent of the total cost of construction.

“It must be clear that as-built applications are not guaranteed to be approved as they are subjected to the usual legal requirements. This is to ensure that the established building standards are maintained. The KSAMC is also mindful of concerns raised regarding our internal processes and as it relates to the recent incident of non-compliance with building permit. We acknowledge the importance of collaboration with developers and building contractors in ensuring compliance with regulations. To this end, I have asked the CEO to schedule a meeting with developers to give them an opportunity to voice their concerns,” Swaby said.