Beachfront land ruling rattles Phuket

[snoop1130]

Beachfront land ruling rattles Phuket

The Phuket News

 

Rawai Mayor Aroon Solos (2nd from right) was present when court officials inspected the Eva Beach project in 2015. Photo: The Phuket News / file

 

PHUKET:-- A beachfront condo project in Phuket is to be ordered to remove townhouses built illegally along the shore after a court has found Rawai Municipality guilty of neglecting to perform its duties in upholding building and environmental regulations and illegally issuing building permits.

 

Judge Jamgad Cgunpolwong of the regional Administrative Court in Nakhon Sri Thammarat handed down the verdict last Tuesday (Aug 1).

 

The court found that buildings built along the shorefront as part of the Eva Beach development exceeded height restrictions, occupied a footprint greater than legally allowed and did not confirm to the building permit approved, among other infractions.

 

Full Story: https://www.thephuketnews.com/beachfront-land-ruling-rattles-phuket-63358.php#4xDTRgYoMvfjg3Qw.97

 

-- © Copyright Phuket News 2017-8-7

[stevenl]

Excellent. Just a pity nobody will investigate who and why the building permits were issued.

 

If I were the guy building just before Krating I'd be very wary of this verdict.

[trogers]

Look for the developer and designer of the submission drawings...

 

Takes two hands to clap.

[Psimbo]

It's not Phuket that is rattled but the previous receivers of brown envelopes. Hopefully this is the thin end of the wedge.

[sweatalot]

Good work by this government. Similar actions  never  seen before.

Hope they continue 

[ChrisY1]

11 hours ago, Psimbo said:

It's not Phuket that is rattled but the previous receivers of brown envelopes. Hopefully this is the thin end of the wedge.

They may have to return their packages....of which, most would have been spent:))

[jobwolf]

Please, please double the Judges Salary and send him to Phuket, this would be the best thing ever happening to Phuket.

 

[YetAnother]

13 hours ago, snoop1130 said:

a court has found Rawai Municipality guilty of neglecting to perform its duties

the municipality did exactly what they thought their duties were, collect money at the back door; all these foolish laws are  just distractions

[FitnessHealthTravel]

It catches up with everyone. No one stays in power for ever. The official moves on and the new one finds the problem then your dream home is demolished.  Can't wait for the carnage to hit Koh Samui. We'll get back the beaches and be able to enjoy them.

[geriatrickid]

I will believe it when the  buildings come down and the   land is restored to the natural state.

Sorry, if I read like a cynic but we  have seen this before with the buildings all along the Patong hills. They are still there.  

[quadperfect]

Money fixes everything.you wont hear about this story again.

Nothing will be demolished.

Can you immagine how many places are just like this.

It cant happen. No one would ever buy in phuket again.

[xylophone]

16 hours ago, Psimbo said:

It's not Phuket that is rattled but the previous receivers of brown envelopes. Hopefully this is the thin end of the wedge.

I would like to think that, but connections, power and money will dictate that the wedge isn't driven in ''too far"!

[thaibutty]

16 hours ago, stevenl said:

If I were the guy building just before Krating I'd be very wary of this verdict.

I heard that many Thais are very upset about that building including some influential people. And complaints have been filed already. 
Hopefully they will be able to remove that eyesore quickly...

[Bangkok Barry]

14 hours ago, sweatalot said:

Good work by this government. Similar actions  never  seen before.

Hope they continue 

 

It has nothing to do with the government. It was dealt with by the courts.

[Bangkok Barry]

This article is lengthy but gives a very detailed account of the case:

http://true-beachfront.com/guide/phuket-property-law-court-verdict-august-2017-hits-hotels-condos

[Reigntax]

1 hour ago, Bangkok Barry said:

 

It has nothing to do with the government. It was dealt with by the courts.

 

Yes, government are the ones who approved it, local govt!

[joecoolfrog]

19 hours ago, sweatalot said:

Good work by this government. Similar actions  never  seen before.

Hope they continue 

How charmingly naive , bless !

[joecoolfrog]

5 hours ago, thaibutty said:

I heard that many Thais are very upset about that building including some influential people. And complaints have been filed already. 
Hopefully they will be able to remove that eyesore quickly...

Hit the nail on the head. The verdict is about appeasing the sensibilities of selective influential figures rather than a grand push against ingrained corruption.

[rosst]

On 8/8/2017 at 2:15 PM, Bangkok Barry said:

This article is lengthy but gives a very detailed account of the case:

http://true-beachfront.com/guide/phuket-property-law-court-verdict-august-2017-hits-hotels-condos

Read and digested, what a hero, well done.  As for the judge and the court and officials they have forever gladdened my heart wonderful courageous and honest people.

There is a certainty there would have been approaches made and yet they did not prevail.  We must therefore hope this example will encourage more people to stand up and demand justice.

[cornishcarlos]

On 08/08/2017 at 10:00 AM, FitnessHealthTravel said:

It catches up with everyone. No one stays in power for ever. The official moves on and the new one finds the problem then your dream home is demolished.  Can't wait for the carnage to hit Koh Samui. We'll get back the beaches and be able to enjoy them.

 

You might have a long wait :)

[J Cunningham]

A Development of this size requires both a Valid Building Permit from the Tesseban and an Environment Impact Report from the Provincial Environmental Council. Those are both local government offices. If there was "Slight of Hand" and/or a "Wink and Nod", it happened locally. The Thai Administrative Court only looks at cases involving Thai Government Agencies. After an exhaustive 6 year investigation the Court placed all blame on the Phuket Tesseban for issuing the building permit illegally and then failing to halt the construction when the developer built outside the confines of the same illegal building permit. It was ruled that the Environmental Council acted on indirect information and was therefore not "officially" negligent. In addition to building "Right on the Water"...illegal, dangerous... there were a large number of other infractions...1) Buildings to close together...illegal spacing, 2) Building outside the property boundaries, 3) Illegal construction density...to many building, to little free space, 4) Buildings exceeding allowable height requirements...etc...etc... none of these infractions were addressed by the Tesseban.  And, of course, while the "Wheels of Justice" were slowly turning and the court was sending a convoy of Coastal Marine, Architectural and Engineering experts to investigate the property.....the developer continued to sell units. And we can all be sure the Developer and their Sales people were being absolutely transparent with all their potential buyers...."Court Case Pending".....Purchase at your own Risk.......Right? I mean, that would be the honest thing to do.

[observer90210]

Good investment returns if you invest in a brown enveloppe manufacturing factory...

[Golden Triangle]

On 8/8/2017 at 7:15 AM, Bangkok Barry said:

This article is lengthy but gives a very detailed account of the case:

http://true-beachfront.com/guide/phuket-property-law-court-verdict-august-2017-hits-hotels-condos

Nice one Barry, I read it all and now have some hope for the rest of the country that has been abused by 'Developers'.

[steelepulse]

I know it's only been 24 days, but not a single thing towards knocking down all the illegal buildings has started.

Edited August 24, 2017 by steelepulse

[dick dasterdly]

24 minutes ago, steelepulse said:

I know it's only been 24 days, but not a single thing towards knocking down all the illegal buildings has started.

Pretty much all the first layer (on the beach) have 'For sale/rent' signs.

 

As far as I have seen (whilst walking my dogs), there may be one person/family living there - the rest are all rented out to tourists?

[Valentine]

18 hours ago, steelepulse said:

I know it's only been 24 days, but not a single thing towards knocking down all the illegal buildings has started.

The ruling is being appealed so nothing will happen until then.

[steelepulse]

41 minutes ago, Valentine said:

The ruling is being appealed so nothing will happen until then.

Of course it is!  Can't see what they are appealing in the ruling though as the evidence seems pretty clear cut.

[Old Croc]

44 minutes ago, steelepulse said:

Of course it is!  Can't see what they are appealing in the ruling though as the evidence seems pretty clear cut.

Delay, delay, delay. It's the Thai way.

Keep matters tied up in the archaic Thailand court system while continuing to reap profits from the illegal business.