Wednesday, April 15, 2009
Requested by the National Alliance
Mr. Chairman, to avoid any mis-reporting on this issue, I believe it is important for me to be clear when stating that all requests for extra floors are subject to fees upon submission.
However, the problem is as follow:
Permits are calculated by means of a sliding scale upwards. The more a building cost to build the higher the building permit fees. What has been happening is that persons request a permit for a couple of floors and then a second permit for another set of floors. Together in one permit, the fees would be higher for all the floors in one permit than the 2 separate permits. That’s the loophole in the law which we’re now preparing an amendment for and not the matter of fees not being paid for permits.
The government is by law obligated to answer the applicant on a building permit request within 30 days and for a planning permit request within 60 days. There are four scenarios:
1. The request is complete (all docs submitted) and during the evaluation more information is deemed necessary. In this case the applicant is contacted and the additional information is requested. The process is then temporarily interupted until the aditional info is submitted by the applicant to the department.
2. The applicant submits an incomplete application. In this case the process does not start. In fact the application should not be accepted, however this still occurs and is one of the improvements necessary and being worked on.
3. The applicant does not return to the department with proof of payment of the application fee or at the end of the procedure with the building permit fee.
4. That the Government in addition to the first 3 scnenario takes longer than necessary to handle the application, particularly if advice of other departments is required.
– The law also states than if after the set term no answer is received, the answer is NO or you can consider the permit denied. You can then go to the court and follow the LAR (Federal Ordinance administrative Law) procedure to appeal.
– Corner stone as referred to by Councilman William Marlin is a company represented by the lawfirm Fox to appeal the building permit of Billy Folly – Travel Inn Condominiums:
– The 1st permit for the building at Billy Folly was granted by the executive council for 5 floors. The second permit was issued by the directorate. This building permit request was for one extra floor, not exceeding NAF 500.000,– and therefore falls within the mandated authority of the directorate. This only happened after the permit was checked and signed off by the former head of VROM as being correct and in compliance with the law. Since then the EXCO has decided that all extensions of building permits that were originally approved by the EXCO must pass through EXCO for approval.
– The appeal letter of the lawyer Mr. Fox was incorrectly submitted to the EXCO. This appeal with reference to building permit 270/07 must be addressed to the court of first instance in accordance with the LAR. Once a building permit becomes irrevocable Government has no legal means to revoke the permit – (thus after the appeal period has passed and as stipulated by the building ordinance)
– The investigations of the SOAB is presently ongoing and no report has been handed in yet. Presently they are busy with the building permits and after that they will check the planning permits.
– Rechtmatigheids toets is part of the investigation being carried out by SOAB.