31st  August, 2003  Volume 10, Issue 7

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ISSUES

City taken over by business premises

By Dilrukshi Handunnetti and Ranee Mohamed

One may think that designated residential areas are meant for the maintenance or the construction of residences, but take a good look at Colombo and its outskirts, and think again. There are obviously more commercial outlets and residences converted into business premises than residences.

Nevertheless, the Urban Development Authority (UDA) charged with the duty of granting approval for these business buildings seem to be helpless, as unauthorised constructions have increased.

According to a survey conducted by the UDA itself, there are some 2,000 buildings that have sprung up in the city sans UDA approval, including some conversions of residences into business premises.

Nevertheless, for those who seek the peace and quiet of an area designated as 'residential' and pay more to secure land or a building in such an area, there is enough heartache today with the mushrooming non- residential buildings.

And the areas plagued by this problem are the highly residential areas such as Horton Place, Ward Place and Duplication Road, the latter having become a street earmarked for businesses alone.  Parts of Kollupitiya, Thimbirigasyaya and Mt. Lavinia have their residential brackets, but the outstanding features today are the business premises.

 And residents complain that privacy is no longer possible with the business premises in their neighbourhood disturbing the peace. "There is no parking and there is a lot of noise," said a resident down Ward Place. Petitions of all sorts sent to various authorities and even to newspaper offices have got them no beneficial result.

And sometimes, in the guise of such complaints of inconvenience, occasional personal vendettas also emerge.  One resident requesting anonymity told The Sunday Leader that competitors and enemies use this excuse to send petitions against establishments.

Transformation

Personal vendettas apart, the lack of peace and quiet is a reality in most of these areas, once known for sprawling houses, well maintained roads and a canopy of trees that gave the impression that these areas are sought after by people with good reason.

Residents who spoke to us complained that they were 'unable to sleep or drive out of their residences without having to meet with much hassle. "Even massage parlours have sprouted in this residential area," complained an agonised resident.

Director of a business house down Horton Place, Asanga Karunaratne, was very candid about the issue and said that "they have nothing to hide."  He says that the premises housed a less active venture. "There are no problems in parking because there is room to park about four to five vehicles here. The land extends to over 30 feet down the lane. I live next door and this is just the co-ordinating office. There is nothing illegal about this place," he pointed out.

Karunaratne pointed out that this business concern was in existence long before the laws were made. They have been in business for over 35 years. "I am not obstructing anybody," stressed Karunaratne.

Director of Bellucci at Horton Place, Roshan Perera said that he has been paying commercial tax for the past five years for maintaining his business concern within the residential area. "Even in a highly residential area a small caf‚ or a restaurant is not illegal. We have a souvenir shop here and all the clothes from this shop are being shifted at the moment. Very soon, we will have a coffee shop next door," pointed out Perera, who declared: "I am not doing anything illegal. I am paying commercial tax and I have all the documents to prove it a honest business."

Perera added that some people were of the view that Bellucci was a shopping mall and said it was not. "I have six factories and the brand name of the ornaments is Belluci. We provide jobs to hundreds of people," pointed out Perera.

The proprietor of the furniture shop at the top end of Horton Place near Town Hall called The Furnishing Fabric Company Limited was thoroughly displeased at the inquiry as to whether his establishment in a so-called residential area is "disturbing the peace." "Go to the UDA and see whether it is legal or illegal," he said, annoyed by the inquiry. "I have no time to waste," he snapped.

However, Chairman, Aramex Airborne situated at Horton Place, Ahamed Hananden said that it is a main street and cannot be classified as completely residential. "This is our own space and we are not doing anything illegal. We have first applied and then settled in here for business," he explained.

It is not only Horton place that has been classed as a highly residential area that has residents complaining of businesses "disturbing their peace." Ward place too   seems to be well on its way to becoming a plush centre for business activity.

Ceylinco VIP too is situated at Ward Place, and this residential area even has a school at No. 54. And at No. 65 there is Multivision and ABC computers, with Techno Gallery situated amidst the houses down this road.

Hospital also to blame

It seems that part of Ward Place's problems are connected to the Colombo National Hospital which is situated at the top end of Ward Place. There are clear signs of business activity around as opticians, beauticians and motor traders buzz with business activity. But clearly, it is not these business concerns that are disturbing the peace, it is the hundreds of patients who come into the national hospital everyday and the volume of vehicles that ply the road transporting them to and from. Added to all this is the perennially honking private buses that show scant regard for the hospital nearby.

A resident who did not wish to be identified said: "Ward Place has always been a highly residential area. This is Colombo 7, but all this activity has turned it into a marketplace," she said.

In the outskirts too, the issue is the same.  Battaramulla and Mt. Lavinia are two areas that are being simply absorbed by business ventures, despite the existing residential area brackets.

Sudam Ranasinghe from Mt. Lavinia complained that right next to her house was a furniture shop, which has conveniently converted the pavement into an extension of the shop. " All you find is furniture all over. We have to get on to the main road and walk, and what's more, there are loud promotional work every other week" she said.

Her complaint is not peculiar to Mt. Lavinia, but applicable to many a residential area. Dehiwala- Mt. Lavinia Mayor, Dhanasiri Amaratunge told The Sunday Leader that plans are generally approved by the planning committee of the local body, after it has received UDA sanction only.

According to Amaratunge, it is possible to allow the construction of business premises in residential areas and the conversion of houses into business premises by paying the local authority a specified amount for the 'change of use.'

"If it is three storied or above, they are generally not approved, but forwarded to the UDA for special approval" Amaratunge explained. Accordingly, certain categories of business premises like spirits shops and nursery schools are also not allowed if the road leads to a dead end and there are parking issues or cloistered neighbourhood.

"The type of business is vitally important.  Textiles, bookshops, souvenir shops are often approved, but not the type of businesses that could create parking problems and obstruct pedestrians and residents," he explained.

Making space

The emerging theory however is that with the diminishing of resources like land, the exclusive declarations of residential areas are no longer viable. And that means, making space for business concerns.

What these business people point out is that if the law enforcement authorities want to change the laws they ought to do it systematically. And that whatever these authorities choose to do ought to be done in a fair manner. For truly, these business places are the generators of employment to hundreds of people, for these co-ordinating offices situated in the plush surroundings of Colombo 7 are but the hearts of factories and business houses elsewhere in the country.

In the same breath, it should be said that while space seems to be created for business ventures in the midst of quiet neighbourhoods, they also should ensure that laws should be observed, and not in the breach.

The UDA view

According to UDA's Director (Enforcement), Sriyani Ariyathilleke, even in prime residential areas, there is provision to allow construction of buildings for commercial purposes or allow conversion of a house into a business concern.

She said that the procedure allowed non-residential buildings, but the plans needed to meet the standards and specifications set out such as the type of business, and basics such as pollution control, disturbance to neighbourhood and adequate parking space.

It is often not a matter of procedure here, according to Ariyathilleke, who says that a recent survey conducted by the UDA had revealed the existence of a record number of some 2,000 unauthorised business premises within Colombo's residential circuit.

"The procedure is to seek UDA approval first and then reach the local authority for final sanction. What is tragic is, Colombo and outskirts have at least 2,000 premises that operate without our approval at all," she said.

Since the completion of the detection, notices are being sent to owners of premises to show cause.

"Our findings also show that some buildings only have the approval of the Colombo Municipal Council (CMC) merely to construct the building, and not to operate commercial concerns. The UDA's legal unit intends pressing charges against violators of the law" she said.

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