DPWH, city to check on mall’s ‘violation’

CEBU, Philippines - The Department of Public Works and Highways-7 and the Cebu City government will conduct inspection at the South Road Properties today over allegation that SM Prime Holdings Inc. exceeded the land used for its SM City Seaside development.

 Lawyer Brando Ray Raya, chief legal counsel of the DPWH-Central Visayas, said SM Seaside City Cebu allegedly violated the Republic Act 6541 or the Building Code of the Philippines for not providing at least an eight-meter setback from the road.

 Raya said if SM Prime Holdings will not comply with the provisions of RA 6541, it would not get its occupancy permit, in effect, stalling its operations and the soft opening of the mall set for November 27.

 He said setbacks should have been established on both sides of the Cebu South Coastal Road (a national highway) and Mambaling Access Road in the South Road Properties to improve safety, allow space for drainage and utilities, among others.

He cited that a 30-meter wide national road has to have a 10-meter road lot followed by an eight-meter setback.

 Unfortunately, he said, the shopping mall’s stairs has been constructed on the supposed setbacks.

 “Based on the initial findings, there’s really an encroachment. Supposedly, wala na ang stairs,” he said.

 Raya said he was told that the stairs were part of structure’s accessories, which he opposed.

 “It’s not an accessory because it’s part and parcel of the building. It’s an access to the structure,” he said.

 Raya said the violation was recently found out after DPWH obtained a copy of SM’s current geodetic design. He said SM repeated its geodetic design but failed to furnish a copy to their office.

 Today, he said they will conduct an actual measurement of the encroached structure. Cebu City government officials would be joining DPWH in the inspection of the property.

 “We will check sa property line sa SM kun wala ba nilapas kay naa pay provision sa road man gud nga ang ila gyud, after the road, is ten meters set back,” said City Administrator Dr. Lucelle Mercado.

 She asked representatives of the city’s Office of the Building Official and Department of Engineering and Public Works to participate in the inspection.

 Mercado said the matter on property line was disclosed in a meeting as part of traffic preparations in time for the mall’s opening by the end of the month.

 “We had a meeting regarding traffic kay it is really our concern ini’g abli sa mall. And there, it was discussed nga nakalapas daw sila sa property line nga ilang gipalit. So, we have to check that together with SM’s representatives and sa DPWH (Department of Public Works and Highways) pud,” she said.

 Mercado said OBO officials would also assess if it would grant the temporary occupancy permit sought by the company.

 She said the occupancy permit and the building permit are among the requirements that the mall needs for it to operate.

Meanwhile, RJ Leduna, senior public relations manager for the Visayas and Mindanao for SM supermalls, said their operations group will answer questions related to the issue during today’s survey.

Impact

Raya said if the problem on the setback would not be corrected, the traffic problem in SRP will further worsen.   He explained that inner lanes of the SRP road will be designated for buses, which means the road for the regular vehicles would be narrower.

 He said designated lanes along the coastal road would have a minimum of two lanes while coastal roads should have six lanes.

 He said SRP locators, like SM and Filinvest, are also required to provide acceleration and deceleration lanes, also known as speed change lanes or traffic lanes on an expressway.  (FREEMAN)