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Butch's onslaught continues!
Riu contemptuous of Jamaican rules and regulationsFriday, May 02, 2008
The continued construction of Spanish-owned Riu Hotel in Montego Bay has brought on a storm of controversy in light of the fact that the hotel contractors did not go through the established channels in order to build an unapproved fourth floor, which is in the flight path of nearby Sangster International Airport.
The Jamaica Civil Aviation Authority (JCAA) had made it unequivocally clear that three storeys should be built so that the hotel would not interfere with critical air traffic.
"We approved a maximum height of 14.89 metres above ground level and 16.89 metres above sea level. Anything outside of that would be a breach ," said deputy director of the JCAA, Oscar Darby.
In order to ascertain the JCAA's position on the matter, Caribbean Business Report went to its website. The Obstacle Evaluation and Procedures section reads: " When buildings encroach on the airspace needed for aircraft operations, a conflict of interest arises between property owners and airport operators. If these differences cannot be resolved, it may be necessary for the national authority to establish restrictions limiting operations in the interest of safety.
"If tall structures are erected in or near areas otherwise suitable for instrument approach procedures, such structures may limit the desired flexibility for radar vectoring, initial approaches and the facility for an aircraft to turn en route during the departure climb or missed approach.
"Control of obstacles in the vicinity of airports is, therefore, a matter of interest and concern to national government, local communities, property owners and airport authorities.
"The Jamaican government, through the Jamaica Civil Aviation Authority, has the authority to establish criteria for the limitation of obstacles and to provide guidelines to those directly concerned with plans to erect tall structures."
No doubt the JCAA looks to the United States' Federal Aviation Administration (FAA) for guidance in such matters, and such breaches as perpetrated by Riu are in direct contravention of FAA regulations.
If the FAA should deem Sangster International Airport unfit and a danger to international carriers, many American carriers essential to Jamaica's tourism industry will no longer utilise the Montego Bay, airport spelling the ruination of the country's leading industry. It is also worth pointing out here that many other international carriers may well follow suit thus declaring the country's main airport unfit to deal with 21st century aviation.
Can the government afford to let this nightmare scenario transpire?
Apparently not. Yesterday it was announced that an enforcement order is to be served immediately on Riu Jamaicotel Ltd, developers of the Riu hotel at Mahoe Bay near Montego Bay requiring them to comply with the approved building plans and to demolish any works, which exceed the specifications that were approved.
A release from the Office of the Prime Minister yesterday read: "Mr.Golding (The prime minister) said the Government will not tolerate this blatant violation, nor will it entertain any request for breaches to be regularised. Mr Golding was advised that the developers knew that based on the development order they received, that construction of the 4th floor was in breach of the approved order."
Leading commentator and financial analyst Dennis Chung, speaking with Caribbean Business Report last night, said: " Riu must either abide by our laws or take their hotel and go back to Spain. This blatant disregard for rules and regulations cannot be tolerated. Once you encourage this kind of indiscipline the country will have a big problem on its hands."
Local businessman and former Jamaica Observer Business nominee Roy D'Cambre said: "I have flown many times into Montego Bay and this breach by Riu means that my life is being put in danger. This could lead to a class action suit by airline passengers flying in and out of Montego Bay.
"The decision by the prime minister on this matter yesterday is outstanding. You have to stand up for what is right and just. Riu is out of order."
This is not the first time that Riu has run afoul of regulations set by countries in which it has built its hotels. According to CafeCancun.com the Riu hotel chain was fined more than US$3.5 million in 2006 for building an entire hotel without permission as an annex to a new hotel for which they did have permission. The local federal environment director was fired among accusations that he had taken bribes in this and other situations.
The doyen of Jamaican tourism and founder and operator of the Half Moon Hotel in Montego Bay Heinz Simonisch commenting on Riu's breaches said: "I don't think the full story of Riu has been told. The press is talking about the number of floors; Riu is talking about the number of metres. I haven't seen the plans but I can't believe that a hotelier would be so stupid as to build a hotel higher than he or she was given permission to do so."
Many Montegonians are outraged that Riu could be so disrespectful and flout the laws of the city so brazenly and demand that the Spanish company be held to account for their actions.
A prominent Montego Bay businessman said: "It is appalling that Riu has committed breaches like this in other countries. I understand that Riu was fined US$3.5 million in Mexico for building an annex without receiving the required permission and that this Spanish company continues to flout rules all over the world. Well you don't bring that nonsense to Jamaica. They need to tek weh demself!
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