CEBU, Philippines - In an attempt to mitigate drainage problems, a city councilor wants to require all real estate developers to submit a site development plan before they will be granted a locational clearance and a building permit.
Councilor Alvin Arcilla said he was upset and alarmed after learning that the Cebu City Planning and Development Office granted a locational clearance and building permits to a big developer in Barangay Tisa, Cebu City.
Arcilla said CPDO allegedly granted the papers after it got a favorable legal opinion from the city legal office, which said that the City Council’s resolution providing for additional requirements cannot be enforced on the developer.
“Para nako maka-alarm gyod siya kay ang city legal is not an approval body. Developers should comply (with) the needed requirements,” Arcilla said.
Last year, the Council passed a resolution requesting CCPDO to require real estate or land developers to submit its site development plan prior to its application for locational clearance and building permits.
“An approved Site Development Plan is essential in order for land developers to fulfill their obligation for the provision of the proper sizes of subdivision roads especially one that would connect to the main road, water, lighting, drainage, sewerage systems, open space and other basic requirements,” the resolution reads.
Arcilla said the Site Development Plan of a certain developer is needed to complement with the drainage master plan of the neighboring barangay where the development is expected to rise.
“Gusto lang sa Council nga mo-require og site development plan para walay problema. Pareha sa laing developments sa Banawa ug sa Guadalupe nga ning-comply sa atong gi-set nga requirements so, wala nay problema sa duol nga mga Sitios,” he said.
On July 20, the city legal office issued a legal opinion that the Council’s resolution only requested CPDO to enact its request and not imposing it as a "blanket requirement that should be followed strictly."
“Unlike an ordinance, a resolution is not a law. Rather, a resolution is merely a declaration of the sentiment or opinion of a lawmaking body on a specific matter. Aware of this limitation, rather than imposing, the SangguniangPanlungsod merely requested the CPDO to require real estate or land developers to submit its site development plan prior to its application for location clearance and building permits,” the legal opinion reads.
After hearing this, Arcilla said he is preparing to make an ordinance that would adopt the resolution.
In the meantime, he said that the issue on issuing permits without a site development plan should be settled first.
“I will endorse this to the City Council and will refer to committee on laws. Mo-ask pod ko og executive session ani para ma-clarify kay dapat pod i-respect and i-implement ang resolution nga gi pasar sa konseho,” Arcilla said.– (FREEMAN)