Non-conformity to building permit angers French Quarter residents | THE DAILY HERALD

The apartment construction at Impasse Gumme Celler in French Quarter. Service Urbanisme confirms the construction does not conform to the building permit issued.

FRENCH QUARTER–A French Quarter resident who raised concerns that a building permit issued for an apartment building construction on land adjacent to Impasse Gumme Celler does not conform to the two-level construction height limit in zoning regulations for French Quarter has found that her complaint is justified.

  The permit was issued for four apartments – two two-bedroom apartments and two one bedroom apartments – at 11 Impasse Gumme Celler. The narrow road leading to Moho Rock is the only public access for cars and is also where Yvette’s Restaurant is located.

  Resident Patricia Helliger claimed that land has been dug deep enough to create basement apartments, out of view, making it still appear as a two-level building but in reality the construction is three floor levels, she argues.

  According to Helliger, the building permit was issued to the individual concerned in 2022, but was not posted in a prominent place, on the road, to be visible for the public to see, which is the norm for construction projects, but was hidden between buildings. Helliger complained to Service Urbanisme about this.

  “That was what got me suspicious about the project in the first place,” she says about the permit. “My concern is that a stop order was never issued.  Why didn’t Service Urbanisme check to see what he was doing when he was building the foundations, since there was a huge amount of dirt being removed?

  A building permit notice has to be posted for 60 days on the road visible to the public before construction can start, in case of objections. Helliger maintains the permit for the apartment building is still being hidden from view and that there are two other properties that may or may not have been constructed illegally. 

  The Collectivité strike was going on at the time, and construction has been continuing every day from 6:00am to 7:00 or 8:00pm at night, something that the developer was taking advantage of, she added.

  “I also worry about the environmental impact this project will have. There’s no parking to accommodate the size of the building, what about sewage and drainage systems, and the trash? And don’t forget the noise will also impact what was a peaceful area, and there will be more traffic.

  “The whole community is aware of the project and a petition is gathering signatures. Everyone is aware of what’s going on.”

  Helliger has protested previously about what she insists is an over-abundance of cellular towers in the district.

  She expressed her concerns about the apartment project in letters to President Louis Mussington and Second Vice President Bernadette Davis, as well notifying district council representative Delphine Baray and Association “We’re Stronger Together”. She plans to address the matter to Préfet Vincent Berton, as State Services has a department that checks construction projects for conformity and specifications.

  Contacted Friday, Service Urbanisme Police Department Head Ricaldo Gumbs confirmed that construction of the apartment building indeed does not conform to the building permit in terms of constructing basement apartments, which is not legal. The height of two floors on the project does respect the permit.

  “Procedures have to be followed and we can’t advance faster than how she (Helliger) wants it to go,” said Gumbs. “On our side we did do an inspection and realised he was not building according to the permit. Normally the building department retracts the permit.

  “We have to report to the building permit department, the prosecutor, President of the Collectivité, and urbanism department, which we have done. From there the prosecutor makes a decision. But we have to wait until these procedures go through.

  “When we get the answer, at that point we issue an ‘arrêté’ to stop the project. The developer could decide not to stop. The prosecutor would then issue a fine or order demolition, depending if the irregularity can be fixed according to rules and regulations.”

Source: The Daily Herald https://www.thedailyherald.sx/islands/non-conformity-to-building-permit-angers-french-quarter-residents

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