A long running dispute between residents at Lower Estate, St. Michael and the operator of a nearby quarry has resulted in The Chief Town Planner serving enforcement and stop notices on the owner and operator of land at Lower Estate, St. George.
Today Denzil Power & Sons Limited, of Lower Estate was served as the property owner, and Jose & Jose Group of Companies, of Lot 46 The Belle, St. Michael, being served as the occupier, under the Town and Country Planning Act, Cap. 240.
According to the enforcement notice, Chief Town Planner has concluded that mining and quarrying taking place on the property bordering a landfill where off-and-on smouldering has been an irritant to neighbours, is occurring without the necessary permission of his office.
“It appears to the Chief Town Planner that the above development has occurred within the last four years between January 2020 and September 2021 and being after 14th April, 1972, the date of coming into force of the Town and Country Development Order, 1972, and the Chief Town Planner hereby requires that the following steps be taken to restore the land to its condition before the development took place,” the notice states.
The entities served are now required to:
“(a) Cease using any part of the land for mining and quarry purposes.
(b) Cease using any part of the land for the purposes of storage in connection with the said development.
(c) Remove from the land all vehicles, equipment, machinery and materials brought onto the land for the purposes of that use.
(d) Restore the land to its condition before the breach took place.”
The documents explain to the parties served: “This notice takes effect on October 06, 2021, unless an appeal is made against it beforehand, or an application is made to the Chief Town Planner in accordance with the provisions of Section 22 of the Town and Country Planning Act, Cap. 240 for permission to retain on the land any buildings or works to which the enforcement notice relates, the enforcement notice shall not take effect until the expiry of a like period after the final determination of that application by the Chief Town Planner and if permission is granted on the application the enforcement notice shall not take effect.”