In response to your memorandum of May 23, 2016 as forwarded to me by Ms. Pitt, please refer to the attached.
This is for your review and any further discussions you may require.
Response (by R.Edinboro): Complaint of Noise nuisance etc. emanating from Hits and Jams Inc. recreational facility (water world) at Providence, East Bank, Demerara
1. Relevant facts:
• On July 8, 2014 the Central Housing and Planning Authority (CH&PA) considered and approved application P-4F/129/14 by Hits and Jams Inc. for the establishment of a recreational park on three acres of land referred to as Parcel 118 Block III Providence, East Bank, Demerara.
• Hits and Jams Inc. has an Agreement of Sale and Purchase dated October 1, 2014 by and between the CH&PA and Hits and Jams Inc. for the use and occupation of the above described property as a Recreational Park (Water Games and Sports Facility). This Agreement of Sale and Purchase was preceded by one dated November 9, 2011 which was rescinded by way of a letter dated September 29, 2014.
Note: The Agreements of Sale and Purchase herein referred to can be accessed from the Land Administration and Conveyancing Department.
2. Current issues:
a) Noise Nuisance
Noise nuisance is defined as an offence under the Environmental Protection Act and Section 175 (1) of the Summary Jurisdiction Act (offences), Chapter 8:01, Laws of Guyana. It (noise nuisance) is clearly a matter beyond the legally defined scope of work of the CH&PA. I therefore recommend that this matter be taken up at the level of the Commissioner of Police and the Environmental Protection Agency.
b) Proposal to revisit the planning permission granted
While it is very understandable that an affected resident (s) may with good reason want this as a possible course of action, there is no legal provision for the CH&PA to revisit or rescind permission granted. However, once nuisance is established, there are several legal remedies, particularly those under the laws referred to at a) above. No recourse to the CH&PA is required to enforce what is provided for under the stated Acts.
Secondly, one has to take into account that the particular use of the land was defined and agreed upon by the involved parties as set out in the October 1, 2014 Agreement of Sale and Purchase.
c) Road shoulder parking and roadside shacks
The crazy parking situation and shacks alongside the road reserve is clearly very bad. This situation compromises the functionality and integrity of the roadway as a major east to west traffic corridor serving a very large area under development. The CH&PA did seek some time ago to address the traffic situation as it relates to damage of the roadside. However, the situation remains an issue – one for which I think that coordinated action is required since it is not a ‘single-agency’ issue. Subject to acceptance by Management and the CH&PA Board, I recommend that the following agencies meet with the proprietor of Hits and Jams Inc. to discuss these matters and agree on solutions. The agreed solutions can possibly be then documented, signed by all parties and appended to the existing Agreement with the CH&PA. I always believe that we should first seek a negotiated position by first talking to the developer.
• The Police traffic department
• The Eccles-Ramsburg Neighbourhood Democratic Council
• The Environmental Protection Agency
• The Central Housing and Planning Authority