The Battle Of The Condos: Court Injunction On.........

[libya 115]

SOURCE: Pattaya People: April 20th 2007

Battle of the Condos - Court Injunction on View Talay 7

Residents of the Jomtien Complex Condotel on going fight to stop View Talay 7 development from going ahead in front of their building (thus restricting their view of the sea) filed for a court case on 12th March and received a hearing on the 28th March.

The outcome was in their favour and they received a temporary court injunction on 9th April issued by the Administrative Court in Rayong, thus stopping construction of the 27 storey View Talay project.

The residents claimed that the new construction, apart from dust contamination, was causing cracks to appear in their Complex. They based their case on a ministerial regulation whereby any building over 14 meters tall (about 3 storeys) is prohibited from within 200 meters of the “sea shore” (at high tide).

Hence, the Administrative Court upheld this legal regulation in planning law and temporarily stopped the building of the View Talay 7 site.

This decision will possibly have an effect on the future skyline and sea front of Pattaya and Jomtien.

“This ruling is good for all of Thailand, Thai people and farangs equally” stated Mr. Haines, a happy resident of Jomtien Complex Condotel.

The history of this battle of the condos goes back to November 2006 when it was brought to the public attention as a large number of Jomtien Complex Condotel residents started a protest march in Jomtien area to show their disapproval of the construction of the high rise View Talay condominium Number 7 with 27 floors to be built directly in front of their own condominiums which will permanently block their magnificent panoramic view of the sea and Jomtien Bay.

The project developer (of Jomtien Complex Condotel) Jomtien Complex Co. Ltd., presented the buildings to the public for sale in 1992 as a condominium plus low rise hotel, complete with water sports facilities, swimming pool and club house. It was guaranteed to the buyers that there would be only a low rise hotel built on the 13 Rai of empty land in front of their condominiums. A scale model was on display and three different brochures were issued, all of them with photographs and text promising sea views to all units. Although all units were sold on this assurance from the developer, the low rise hotel and its facilities were never built. Instead, without informing its purchasers, the developer sold the property in front of the condos to a subsidiary (Prakun Co., Ltd) who then sold it on to View Talay Co. Then in November 2005, it was confirmed that View Talay, and within their rights, would construct a 27 storey Y shaped high rise block of 936 condominiums directly in front of the Jomtien Complex Cond

otel.

The concerns of the residents was not only that the developer’s promises were not kept, but that this planned high rise building on the small 13 rai plot literally meters away, will totally block the sea and sky views.

Jomtien Complex Condotel residents regret that they bought their apartments which they purchased in a good faith to enjoy peacefully the sea view location, as soon they will see only concrete in the future. Further, the residents realizing that the value of their property will drop also fear that the new construction vibrations etc., will damage their structure and how this will affect their building insurance coverage.

When the team made their silent protest march to Pattaya City Hall they were invited to talk with Mayor Niran Wattanasartsatorn where they discovered that construction permission had already been approved from the Environmental Impact Authority (EIA) of Chonburi and Bangkok. Mayor Niran suggested the group to find a good lawyer, which they could get from the Lawyers Council of Thailand, in Bangkok.

The team researched the law, consulting with lawyers and an Environment expert. Pattaya lawyers refused to touch the case at all, claiming fear of challenging this mega-corporation and its friends. Every lawyer they consulted has had different opinions about the rights that the residences in Jomtien Complex Condotel have. One respected Bangkok firm gave the residence some opinions and assured them that they had firm cases against the Jomtien Complex Condotel Developer and View Talay, and were entitled to protection from the consumer affairs act. They later were aware that if they proceeded with the lawsuit, this firm suggested that they could be at great risk of a countersuit, which would ruin them financially. The residence committee found it impossible to get accurate information from lawyers, local and government agencies. They even petitioned His Majesty the King’s legal offices, humbly, and with great respect asking for justice.

It was then that the residents were told that there is a law that was recognized since 1994, which states that only buildings of 14 meters in height are allowed to be built at 200 meters from mean sea level, subsequent buildings to rise in height only at a 45 degree angle.

The residence committee chooses to believe that the View Talay Developers have the rights to build what they want since they own the land but within legal limits.

[kurgen]

Shouldn't this be merged with the thread in Pattaya Forum ?