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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.
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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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