It has come to the attention of the Development Control Authority (DCA) that a number of incorrect and misleading statements are circulating in the public domain surrounding the removal of an illegal timber shed belonging to Mr. Kimani Z. Gardner located on Church Street in Parham Town (Registration Section: East Central, Block: 13-2491B, Parcel: 147.
The DCA wishes to point out the following facts:
- DCA Building Inspector Owren Smith discovered the construction of the said timber shed by Mr. Kimani Z. Gardner without permission from the relevant authorities in January of 2021
- On January 22, 2021, the DCA served Mr. Gardner an Enforcement Notice instructing the owner/occupier to cease construction immediately.
- Mr. Kimani Z. Gardner was advised to seek written permission from the Lands Division to occupy the Crown land and to prepare a plan for the structure to be approved by the DCA.
- Mr. Kimani Z. Gardner was granted a one (1) year permit by the Chief Lands Officer, Mr. Shaun George to occupy the said Crown land from March 2021 to March 2022, for the sole purpose of selling fruits and vegetables from the farm he operated utilizing a 10×10 structure..
- The permit from the Chief Lands Officer, Mr. Shaun George advised Mr. Kimani Z. Gardner that he would require permission from the DCA for the construction of any fixed structure on the said Crown land.
- Mr. Gardner subsequently produced a crude free-hand sketch of a proposed shed. He was advised by Building Inspector Owren Smith that the sketch was inadequate for DCA approval, and that a complete and professional drawn document was required before approval is granted. Such a drawing was never presented to the DCA.
- In the ensuing months, DCA observed additions/extensions being made to the said shed which had an Enforcement Notice to cease construction.
- During the period of illegal additions/extensions, Mr. Gardner requested written permission from the Lands Division for assistance in applying to the Antigua Public Utilities Authority (APUA) for the provision of electricity and water services. The request was declined by the Lands Division due to the permission to occupy conditions were not being honoured. (To sell farm provisions only)
- It was discovered that Mr. Gardner was using the site for other activities to include the cooking and selling of food, the playing of very loud music and unwholesome practices.
- DCA wrote Mr. Gardner a letter dated January 3, 2022, giving final notice of 5-7 days from the date of the letter to have the structure removed.
- Mr. Gardner was further advised in person at the DCA headquarters following receipt of the removal notice that the structure would not be allowed based on what was subscribed in the permission to occupy he received from the Lands Division. It must be noted that Section 17 of the Physical Planning Act of 2003 and Section 47 were contravened.
- Upon the expiration of the deadline for the removal of the illegal structure, the DCA sought and received the assistance of the Central Housing and Planning Authority (CHAPA) and demolished the illegal structure on 14th January 2022.
The Development Control Authority (DCA) fully supports entreprenural development, particularly those that uplift the youth and positively impact society, however the authority will continue to carry out its responsibilities as prescribed under the laws of Antigua and Barbuda, specifically the Physical Planning Act No. 6 of 2003, in the exercise of its functions.
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How you all want people to believe that this whole situation is not politically motivate? Look around the country there are so many shacks knock up here and there and DCA not knocking them down. Some of which are unsightly. Try and sell you all explanation to retards because intelligent people are not easily fooled. This country stamp on it’s citizens and allow others who not from here to do what the hell them feel. Just about now I am sick and fed up!!
Notes From A Native Son Of The Rock! “The Afrocentric method is a form of cultural criticism that examines etymological uses of words and terms in order to know the source of an author’s location. This allows us to intersect ideas with actions and actions with ideas on the basis of what is pejorative and ineffective and what is creative and transformative at the political and economic levels.” – Dr. Molefi Asante, Afrocentricity, The Theory Of Social Change!
“Look around the country there are so many shacks knock up here and there and DCA not knocking them down. Some of which are unsightly.” How would you correct that!
No one committed to National Development and Growth and Building a Caribbean Civilization can concede as VC would say, to unplanned development in this the International Decade for People of African Descent 2015- 2024! Neither should there be celebration or weeping and gnashing of teeth in the Destruction of the Executive Administrative State! For those who may wish to take a deeper dive see https://ballotpedia.org/Administrative_state
Friends, Country WoMen, Rastas, Youth Entrepreneurs, Let us waste no time in sterile litanies and wailing, or even self flagellation in blaming Government, DCA, or Youthful Exuberance or even the personal or conceptual myths that have driven our development culture which has confined People of African Descent inside the boma, wattle and daub and laager away from the Beautiful “Encirclement Ring” of Tourism, Hotels, Marinas, Grand Villas, Yachting and Boats where “the Beach is just the Beginning!”
“Come, then, comrades, the European game has finally ended; we must find something different. We today can do everything, so long as we do not imitate Europe, so long as we are not obsessed by the desire to catch up with Europe. … Yet it is very true that we need a model, and that we want blueprints and examples. For many among us the European model is the most inspiring. We have therefore seen in the preceding pages to what mortifying setbacks such an imitation has led us. European achievements, European techniques, and the European style ought no longer to tempt us and to throw us off our balance.” – Frantz Fanon, The Wretched Of The Earth!
We must engender trust in our Institutions which must be mindful of our Africanacity and Caribbeaness! Most People of African Descent inhabiting the Rock are not aware of A&B’s Sustainable Island Resource Management Zoning Plan, so this mere voice in the wilderness begs your Indulgence and Forbearance!
“The Solution is Simple … PLAN. This is where the National Physical Development Plan (NPDP) provides a roadmap for guiding development decisions. In effect the NPDP will:
Create a management strategy which is linked to the environment and economy of A&B;
ALLOW OPPORTUNITIES FOR SELF-SUFFICIENCY and SUSTAINABLE GROWTH;
Maintain and preserve ecosystem services and functions of the environment; and,
PROVIDE A MEANS BY WHICH CONFLICTING LAND-USE PRACTICES CAN BE RESOLVED.” – A&B SIRMZP 2012!
“The human condition, plans for mankind, and collaboration between men in those tasks which increase the sum total of humanity are new problems, which demand true inventions.
Let us decide not to imitate Europe; let us combine our muscles and our brains in a new direction.” – Frantz Fanon!
Young men I shall make a DONATION to REBUILD. This time follow the Laws of the land. The LAW is the LAW. Do not follow PUBLIC OPINION. Please publish a phone number where I can make a SUBSTANTIAL contribution.
I would agree we should follow the law when there are no defenses to do the contrary. However, at this stage, he already occupied for some substantial amount of time, he eventual got permission (limited).
The state would not be able to demolish or lockout without a court’s order. The Court should have been involved in this stage in any state that gives it folks due process from their constitutional rights.
I do not like these sheds all over the place but I love due process. I believe due process in the courts or administrative proceedings before and impartial administrative law Judge but base on the facts presented here it seems none was given.
Also, all folks who mentioned, “we are a country of law” I hope you have never and will never break the law. Because if I was the judge in a case where the jury have found you guilty of violating any law, and evidence is presented of this statement, you believe believe you are not getting away easily. If it is criminal, you are going to prison for the max. If it is civil, you are going to pay punitive damages if it is intentional and if negligent, punitive is not given but I sure will find away to include punitive and or maximum damages, legal and equitable restitution and injunctions.
Since, he had limited permission and the DCA or whomever had probable cause or evidence he is violating his permit, it would require for DCA to give him a chance at defending himself through a proceeding with an impartial arbiter so he as well ad the government can present their evidence.
It was rather capricious, arbitrary and self-serving the government’s conducts. You can not be prosecutor, judge and jury in a case you are a party to. Handing down sentences you feel like giving. That happens in vicious dictatorships not the United Islands of Antigua and Barbuda. A democracy.
This applies whether you are upp or alp
This must be the only government department that works so fast! Lol! Vindictiveness at best!
What other “wholesome practices?”
Best you had stayed silent as this further proves SPITE‼️
So true fast to demolish youth ambitions💯
True. Public works need to demolish all the potholes
I hear all the rhetoric and while DCA might have acted within the ambit of the law the concern is that they don’t apply a uniform approach. As old people say “Jumbie knows who to frighten!!!
Good to hear the DCA respond, though I would have prefered it earlier. Thanks for providing your side which I have no doubt there is documentation to backup. My experience is the DCA bends backwards (too much) to avoid situationss like this, but still get its job done. The staff there go above and beyond, especially when you consider the resource contraints.
Tenman:Those young men had documentations to show they had permission. They had documentations from both the DCA and Land Ministry. So now that the Public is kicking their arses. They are coming now trying to save face. That place was pushed down because a Doctor related to a “BLOATED POLITICIAN” made a complaint about the noise levels. The sister of that Politician did call into OBSERVER RADIO and uttered what I have written. Yes,she said so.
Not to build the structure they placed there
It was not a fixed or permanent structure:
The permit from the Chief Lands Officer, Mr. Shaun George advised Mr. Kimani Z. Gardner that he would require permission from the DCA for the construction of any fixed structure on the said Crown land.
It was on blocks.
It’s amazing how we forget our history and our struggles as a people. In a country ruled by free blacks you would think you would think more thought and CONCIOUSNESS would have been applied. Black leaders, black people and colonial laws i.e., crown land bull shit won’t mix. We owe it to our young people to be more Empathetic. It is imperative we understand that the youth is the future. They can save the economy and even Social Security. I’m so proud of these young men. Look, listen to the other bloggers, what are they saying? I’m not as smart as you guys but do I see constitutional holes in DCA’s LATE story.
No boss, a tent was approved. You seem unaware that they tried to accomadate him because he was caught illegally, Jan 2021, occupying and also building a illegal struture. They gave him an oppertunity to fix the problem, but instead he made it worse by expanding the illegal structure. Interesting you would condone something that would not be tolerated in the country you now reside
Look around st John’s !!!! The pedestrians have No side walks all the way to East Bus Station
Need I say more !!!! I avoid Market and High Streets when I’m in The City !!!! SHAME and more SHAME
Am been saying look at market street” it takes you hours to drive up market street where is D C A.
Good to see the two biggest ghost workers in antigua Maria and Southwell surface to put out a statement.
I don’t think anyone would have a problem with the DCA doing their job, what prople have a problem with, is the selective enforcement. How about DCA & St. John’s development try to get rid of all those shacks left in st. John’s overnight, making the place look like a getho.
How about they get rid of YOU and the rubbish you’re chat
Is Maria Browne still a Minister in Cabinet? Is she still on the Board of West Indies Oil? How many other Boards is she on? Who is the Manager of the Lands Ministry of which she is the Minister? Is she still working in the Ministry of Legal Affairs and Labor as a Junior Minister? If so,why? How many paychecks is she of little work experience taking home monthly? While the poor people do not where there next meals are coming from. By the way,I do not envy,nor am I jealous of anyone.I have my own worldly ASSETS OF A GOOD PROPORTION.I just do like or have any usage for greedy and selfish persons.
STOP all DAMN RHETORIC and let’s help Them to REBUILD. Stop the DAMN POLITICS.
@BAB:Just who the hell are you to be telling others what to say or not say? Are Gast-man Browne in disguise?
To expect a small person to pay for and provide design drawings for a simple 10×10 shed seems a bit extreme. For such a small structure, DCA can provide a template/drawing and include a small amount in the fee payable to DCA. Payback to provide this template/drawing is guaranteed. Have 3 typical shed layout – A,B &C. The person picks one and proceed to build, or DCA recommends. This will also standardize the type of vendor sheds across the Island.
Brilliant Eric. You are a star. Solutions based. I hope they read this and implement tomorrow cause it’s just that easy, but they won’t. All is well in Cartoon land AKA ANU
@ ERIC DELFISH
Love your Idea. Awesome Eric
Cooyah. Never would a expect to see the day DCA have to do public relations. Every dog hab e day. We are watching you now.
Just here for the comments.
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