News
Claessen Place residents petition CA over 40-storey twin tower project
View(s):Residents of Claessen Place in Colombo 5 have filed a writ application in the Court of Appeal (CA) seeking, among other things, to quash the preliminary planning clearance granted to Home Lands Skyline (Pvt) Ltd to build a high-rise residential apartment complex on Havelock Road.
The apartment complex, to be erected at Thummulla Junction, has been advertised as having 40 storeys. The four petitioners—members of a group of 14 protesting residents—contend that this contravenes the preliminary planning clearance given by the Urban Development Authority (UDA), which is only for eight parking floors and 24 usable floors.
The proposed complex consists of two towers. The petitioners have also raised concerns regarding the UDA classifying the relevant plot of land as being in a “Medium Density Mixed Development Zone I” when a majority of the land reportedly falls within the “Special Primary Residential Development Zone” (SPRDZ). The SPRDZ has historically been maintained as a “Garden City” based on a plan by Sir Patrick Geddes. The Scottish biologist, sociologist, and town planner played a significant role in the development of Colombo in the early 20th century and is best known for his vision of transforming the capital into a “Garden City of the East”.
The City of Colombo Development Plan 2022-2031 identifies the high green density of the SPRDZ as a strength, the petition states. While rapid urbanisation in Colombo has resulted in the “heat island effect”, the SPRDZ—due to its green cover and the regulation of building developments—has the lowest surface temperature in the Colombo Municipality area.
The UDA’s own “Urban Settlement Strategy” describes the expected nature of development in the SPRDZ to be low-density housing, the petition points out, adding that the area also has low carrying capacities such as water supply, surface drainage, sewage disposal, road network, etc.
The UDA purports to have classified the relevant land plot as a “Medium Density Mixed Development Zone I” (MDZ I) on the basis that it is amalgamated land, falling within two zones (MDZ I and SPRDZ), and because the main access is from Havelock Road (which is in MDZ I). The other access to the land is from Claessen Place, which is within the SPRDZ.
However, the petitioners contend that the UDA has failed to consider the distinct nature of the SPRDZ and the significant difference between the SPRDZ and the MDZ I. The fear is also that permitting this intended construction to occur would set a precedent, and developers could then, in similar fashion, be permitted to construct large/high-density buildings along the border of the SPRDZ, eventually changing its character and environment, they hold.
Counsel for the petitioners are Saliya Pieris and Pulasthi Hewamana.
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