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Minister allows 14-storey Blue Ocean project despite legal disputes
View(s):The Megapolis Minister has issued a gazette notification, permitting mixed development on the eastern side of Layards Road in Colombo 5, including a section which is at the centre of a legal dispute between a condominium builder and several residents.
The proposed ‘Blue Ocean Layards Road’ is advertised online by the developer as a luxury apartment complex of 14 storeys. But in June 2017, eleven residents of Layards Road filed a petition seeking to quash any preliminary planning clearance issued to Blue Ocean Breeze (Pvt) Ltd or D D Enterprises (Pvt) Ltd by the Urban Development Authority (UDA) or the Colombo Municipality to erect a building of more than five floors.
The basis of the legal challenge was that the plot on which Blue Ocean was putting up the highrise is a ‘Special Primary Residential Zone’ under the 2008 City of Colombo Development Plan (Amendment). The number of storeys allowed within such an area is five or ground plus four floors.
In January this year, the residents once again petitioned the Court of Appeal for an interim order to prevent the developers from starting construction after learning that work was to begin soon. They sought a writ of prohibition to prevent the UDA or the municipality from issuing a fresh preliminary planning clearance or building permit for a construction exceeding five floors. They also want a writ of mandamus compelling the UDA or the municipality to demolish “an unauthorised construction” should the developers proceed with the project, especially if it exceeds five floors.
The petitioners express fear that, with the construction of an “unauthorised high rise structure on the subject premises, the adjoining properties and buildings will suffer serious and irreparable damage including cracks to walls and foundations, quite apart from violation of applicable regulations and environmental concerns”.
But in a gazette dated January 18, 2018, Minister Champika Ranawaka (who also holds the portfolio of Western Development) has designated the front lots along the eastern side of Layards Road to be a ‘Mixed Development Zone’. This allows for the construction of offices, apartments, entertainment facilities and shops. The Minister’s signature on the gazette is dated July 14, 2017, not long after the residents took the matter to court.
The gazette gives effect to a revision of the City of Colombo Development Plan. The Urban Development Authority Law empowers the Minister to carry out periodic changes. The amendment now allows Blue Ocean to proceed with its project.
The UDA rejected any suggestion that the amendment was introduced to favour a particular developer. But Chairman Jagath Nandana Munasinghe admitted that Blue Ocean made a request to implement the project in the Special Primary Residential Zone.
“The developer pointed out that one side [western] of Layards Road is designated a Mixed Development Zone while the other side [eastern] is a Special Primary Residential Zone,” Mr Munasinghe said. “The street is the boundary between the two and separate regulations apply to each side. However, the land value on both road-fronts is the same.”
There was no justification, he pointed out, for such a distinction to be maintained in the City of Colombo Development Plan when the land values on the eastern and western side of the road were the same.
“The decision was not in favour of anyone,” Mr Munasinghe said. “The UDA followed a procedure. The Act clearly prescribes how any changes to the Plan must be carried out. There may be certain development needs arising from time to time. These are referred to the Planning Committee appointed by the Minister and they make the decisions.”
The Committee, on policy grounds, ruled favourably on the developer’s request, Mr Munasinghe said, adding that the change applies to all the lots facing Layards Road. This means other companies can now erect buildings on either side of the street.
The Committee’s outcome was referred to the Minister for validation through a gazette. The date of his signature was only “a coincidence”, Mr Munasinghe said. And the gazette was only issued in January because it “had been lying in files” at the UDA.