Contractor cries over CH delay in permit issuance

CEBU, Philippines - Over a year ago since Winbelle Holdings Inc applied for permits before the city government for the construction of a 15-storey condominium, necessary permits have not been granted which has caused delay and irreparable damage to the owner, the contractor said.

Winbelles Holdings Inc. Counsel Donato Gonzales last month wrote to Mayor Michael Rama to follow-up on their application for a building permit, which the Mayor earlier ordered to be held in abeyance.

Gonzales, in a letter to Rama, asked why their application has not been acted upon when they have already submitted and complied with all the necessary requirements.

Gonzales said that they have secured two barangay clearances, Housing and Land Use Regulatory Board locational clearance, Cebu City locational clearance, Environment Compliance Certificate and the resolution by the Cebu City Zoning Board approving their application for variance.

“More than a year from the time we have submitted all the necessary requirements to your good office but our papers have not moved since then. These unfounded delays have caused our client irreparable injury,” Gonzales said.

To recall, the construction of the 15-storey condominium called the Belle Tower in Sanson Road, Lahug, was opposed by the residents.

Residents believe that the condominium will cause problems in their community such as traffic, health and drainage, among others.

Residents insisted that the area where the condominium is to rise is a residential zone or district (R-2), thus, no building that exceeds five-storey can be built.

Winbelle Holdings Inc. then applied for a variance permit which the Zoning Board, after careful study of the rules and laws, granted.

The Zoning Board also based their decision on a legal opinion dated September 2, 2011 made by the City Legal Office.

The legal opinion ruled in favor of the Winbelle Holdings Inc. where it says that Cebu City Zoning Ordinance 1656, if interpreted, allows the construction of “public housing and similar buildings or structures” even in an R-2 district.

The proposed 15-storey condominium, the opinion says, may fall under the category “public housing and similar buildings or structures”, especially that the ordinance did not specify its meaning.

Besides, the project was applied for under the Batas Pambansa 220 which means that it is a socialized housing project with housing units that are within the affordability of the average and low-income earners.

Planning and development coordinator, also zoning officer, Alipio Bacalso said that the permits are still pending because the residents filed a motion for reconsideration.

Alipio said that with the motion for reconsideration, they sought another opinion from the legal office but the latter ruled practically the same as in its first opinion. He said that the second legal opinion is still to be discussed by the zoning board during their next meeting either this week or next week. – (FREEMAN)