The Kingston and St Andrew Municipal Corporation (KSAMC) has sought an injunction to immediately halt the construction of an apartment complex in St Andrew which it claims contravenes the approved building plan.

The development, which is at 9 Evans Avenue in Acadia, St Andrew, was first hit with a cease and desist order by the KSAMC last September after a Sunday gleaner investigation raised questions about the alleged violations.

The injunction hearing, which is now sought against the developer, Orphious Stennett (first defendant) and Jennifer Graham (second defendant) began Tuesday in the Supreme Court but was adjourned until January 25.

According to the company, it had approved the construction of four two-bedroom units, eight one-bedroom units and six studios, but found that the developer was not complying with the construction plan approved on November 6, 2019.

The company seeks several orders, including a declaration that Stennett and its agents or servants have breached the Planning Act, Town and Country Planning and Development Ordinance, Buildings Act 2018 and an injunction to stop all new construction on the property.

OFFENSES COMMITTED

The company wants the court to also find that the developer or its agents committed the offenses by increasing the number of habitable rooms and balconies, increasing the number of bedrooms in some units, converting bathrooms to balconies and living rooms into bedrooms, and building partitions to facilitate the transformation of open spaces into bedrooms.

He also argued that the approved floor plan had been altered, converting the majority of the rooftop amenity space into habitable rooms and altering the elevation of the building.

The developer was ordered last September to revert to the approved construction plan after the KSAMC observed several changes and served a cease and desist notice.

Members of the Acadian Citizens Association raised concerns about alleged building violations as early as July 2019.

Residents feared the developer was building more rooms than had been approved by building and planning authorities.

They were also concerned about the storage of construction materials on public roads, the noise level of steel cutting, work carried out outside authorized hours and the emission of dust, among other problems.

Attorney Cardena Clarke is representing Stennett and Graham.

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