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Setback After Setback

Officials Visit by Lawmakers and Badung Officials To Alaia Echo Beach Project Reveals a Number of Zoning Issues


Bali News: Setback After Setback
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(3/16/2012)

According to Radar Bali, an inspection of The Alaia Echo Beach Hotel project in Canggu by the Badung House of Representatives (DPRD-Badung) on Wednesday, March 14, 2012, revealed that the accommodation project is still without an official building permit (IMB), prompting the legislators to ask that the project be stopped and that several parts of the project in violation of zoning laws be quickly demolished.

“If not in conformance (with the rules), demolish it! If it doesn’t yet have an IMB, then halt the construction,” said Nyoman Satria, a member of Commission B of the DPRD-Bandung. He was part of the joint visit by Commission A and Commission B of the House to the hotel project led by the chairman of the DPRD-Badung, Nyoman Giri Prasta. Also in attendance were the head of the Badung Tourist Office (Kadisparda), Cok Raka Darmawan, the head of the Zoning Office (DCK) Ni Putu Dessy Dharmayanti, the head of the Badung Enforcement Agency (Kasatpol PP) Ketut Martha and a number of other Badung officials. The hotel’s owners were represented by Yan Gunawan.

The team entered into the first level of the hotel where Giri Prasta underlined that even though the project held a principle permit and environmental permits (UKL/UPL), the construction of the hotel must be stopped. “I ask that it be stopped. Complete the building permit (IMB) first,” he insisted.

Subsequent exploration of the site showed that the mandated minimum setback space from property lines had been consumed by the building’s construction at the property's southern, eastern and northern borders. On the southern edge of the land, they confirmed that problems persist with the adjoining land owned by David Candra, who is complaining at the illegal close proximity of the hotel’s structure.

Because an adjoining property owner continues to object, the legislators are insisting that regulated setback distances from the property lines be honored. Those rules, established by regency decree in 2003, provide for a minimum construction setback of 2-meters from the property line. “If (the building) is not demolished, I cam certain that the DCK will not be bold enough to issue a building permit (IMB). If the neighbor isn’t prepared to grant an easement, then it means the building must be demolished. Give a distance of 2 meters space from the land of the adjoining property,” admonished Giri Prasta.

Meanwhile, the head of the Zoning Agency (DCK), Dessy Dharmayanti, told the press that the hotel’s owner has confirmed his willingness to demolish the construction on the southern border of the property to conform to the 2-meter rule. That the demolishment has not yet taken place, is due to the fact that retainer walls must first be built to protect the remainder of the building.

The front of the hotel, which has also been built flush with the property’s fence, remains unfinished. According to the property’s owner, Yan Gunawan, the hotel’s construction on its eastern border that is also flush to the property line is not at issue due to an easement granted by the neighbor owning the parcel immediately to the east.

Gunawan claims a similar easement on the northern border has been granted by an owner, named Inge. Inge is reportedly selling her villa with the new hotel’s construction said to abut directly with her villa’s property line

According to Radar Bali, the hotel has other problems yet to be addressed. A check directly at the project site confirmed the construction does not conform to the technical drawings submitted for the IMB application. When Yan Gunawan was asked to show the technical drawings, the visitors noted the provision for a small path measuring 2.2 meters at the north side of the property. However, when the actual path was measured by the survey team, its width varied between 1.3-1.5 meters. Gunawan only confirmed a width of 1.5 meter when confronted with the inconsistency by the visiting legislators.

Also at dispute is the coefficient or open space to realized construction ratio of the building. Zoning laws stipulate that the hotel project must have at least 60% of the land used by the project must remain open gardens. 

Prasta told the press that the DCK will not issue an IMB if the building violates the rules. “I hope that investors who want to enter Badung organize their permits beforehand. This is needed to avoid occurrences like this. The investor suffers if the illegal structure must be demolished,” he explained.

Representing the owners, Yan Gunawan, said he was prepared to demolish the illegal components of the building in the coming few days. He also said he was unaware of the 2-meter set back rule.

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[Fait Accompli or Faux Pas]
 


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