‘Concerns’ may delay mall opening

CEBU, Philippines - SM Prime Holdings Inc. has to address not just one but four concerns that the Department of Public Works and Highways-7 has raised after an inspection yesterday at the South Road Properties.

Lawyer Brando Ray Raya, DPWH-7 chief legal counsel, said SM’s 10-meter road lot encroached into the 30-meter national road, the company did not comply with the eight-meter set back required after the 10-meter road lot, it needs to build acceleration and deceleration lanes, and there are trees in the area that are missing.

Engineers of DPWH-7 and SM Prime Holdings conducted a joint geodetic survey yesterday to confirm the said issues.

Raya said he will meet with SM’s representatives in their office to present the result of their separate surveys.

“Ang width supposedly sa national road is 30 meters. After sa national road, naay 10 meters road lot, naa pa gyoy eight meters set back. Although sa set back, pwede ang accessories. But, sa among part ang stairs (near The Cube) dili accessory,” he said.

He said the road lot is intended for utilities, including bike lanes, and as available space for future road widening.

When asked if the move is too late, he said their office received the sketch plan of the development only sometime two weeks ago.

“But, dugay na namo nga gi-oppose ang stairs (near The Cube). I would just like to emphasize nga kami sa DPWH, sa V. Rama we are clearing it, ma-sari-sari store or SM, we are applying equally the law,” he said.

Raya said the company may have violated Republic Act 6541 (Building Code of the Philippines) for not providing an eight-meter set back mandated by law for newly developed thoroughfares.

“There is an issue whether the stairs comply with the set back. On our part of DPWH, it does not, because it (stairs) is not a part of the accessories. It is part and parcel of the building. If you remove that stairs, the building will be useless,” he said.

Further, Raya said the eight meter-set back should be allocated for an open space or accessory, adding that the stairs near the symbolic Cube should not be considered as an accessory.

Raya said that if SM Prime Holdings will not comply with the provisions of RA 6541, it would not get its occupancy permit from the Cebu City Office of the Building Official.

He said failure to comply may stall the mall’s operations and its soft opening set on November 27 already.

Raya said the company should have sought clearance from the DPWH as a requisite in the issuance of a building permit.

“It depends if the occupancy permit will be issued. OBO ang mo-issue. But, I would like again to emphasize that all Building officials are under the DPWH secretary,” he said.

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

“I would like to clarify nga dili ni karon lang. Nakig-meeting nami last year with SM and FLI (Filinvest Land Incorporated) pod. Naa namiy agreement kon pila atong entrance and exit para dili ma traffic kon mo-open na. Ang  FLI ni comply.  Ang FLI ni-provide og acceleration and deceleration lanes, but atong na-observe wala ang sa SM, but we have to verify that first,” he said.

In a separate interview, SM senior public relations manager RJ Leduna said the company will release its statement today.  – (FREEMAN)