Kingston mayor confirms breach at building constructed by PNP councillor's company

Kingston Mayor Andrew Swaby has confirmed that the Kingston and St Andrew Municipal Corporation issued an order for work to stop on a development by a company for which Councillor for the Maxfield Division, Dennis Gordon, is a principal, after a breach was detected at the site.

Gordon is the chairman of the JACDEN Group, which constructed the building on Lyndhurst Road in St Andrew.

In a media statement on Tuesday afternoon, Swaby said the cease work order was placed on the development in November 2023, after it was discovered that the structure was a three-storey building, exceeding the two storeys specified in the application.

Swaby said several key requirements were subsequently imposed on the applicant to regularise the development and, as at April 30, 2024, the applicant had complied with all the requirements.

It is unclear whether any further construction was carried out after the stop order was issued.

Swaby said an application for approval of the variations at the development is now before the Corporation.

He said it was referred to the Planning Department on December 17, 2024, for its consideration after which, it will be presented to the Building and Planning Committee.

Swaby said that in light of an Integrity Commission investigation that has now started, he will reserve further comments on the matter until the publication of the Commission's report.

Gordon is a member of the People's National Party, which has control of the Kingston and St Andrew Municipal Corporation.

FULL STATEMENT FROM MAYOR ANDREW SWABY:

Having seen recent media reports regarding the development at 18 ½ Lyndhurst Road and recognising the gravity of the matter, particularly as it involves a sitting councillor of the Kingston and St. Andrew Municipal Corporation (KSAMC), I immediately requested a detailed report on the issue. Upon reviewing the report, I believe it is important to provide a public statement in the interest of accountability and transparency. I must also emphasise that the facts of this matter have only now come to my attention through this report.

The report outlines the following key events regarding the development at 18 ½ Lyndhurst Road:

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 1% 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.

The relevant agencies, including the Jamaica Fire Brigade (JFB) and the National Works Agency (NWA), reviewed the updated documents, and each recommended for approval in December 2024. On December 10, 2024, the Chief Engineering Officer recommended the application for building approval, and it was referred to the Planning Department on December 17, 2024, for its consideration after which, it will be presented to the Building and Planning Committee for consideration.

In light of the Integrity Commission's investigation that has now commenced, I will reserve further comments on the matter until the publication of their report.

As Mayor, I remain steadfast in my commitment to enforcing the highest standards of accountability and transparency within the KSAMC to uphold the integrity of our City's development processes.

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