DPWH on standards ‘violations’: Mall should rectify faults

CEBU, Philippines – The legal arm of the Department of Public Works and Highways-7 has identified SM Seaside City Cebu as a “non-conforming building” after it was found non-compliant with existing laws and policies relative to the standards set for constructed buildings.

The agency also recommended for SM Prime Holdings, Inc., the owner and developer of SM Seaside City, to correct their reported violations such as failing to observe the setback requirements, and encroaching beyond the mall’s property, among others.

“Given the foregoing violations of SM under the NBCP (National Building Code of the Philippines) and its R-IRR (Revised-Implementing Rules and Regulations), it is imperative that SM rectify the same to be compliant with the building code,” read the report drafted by Brando Ray Raya, DPWH-7’s chief of the legal staff.

In its Comprehensive Report dated November 17, Raya concluded that the shopping mall is a “non-conforming building,” which is defined as a building that does not conform to the regulations of the district where it is situated as to height, yard requirement, lot area, and percentage of occupancy.

Raya listed their concerns in his 16-page report following the joint inspection conducted last November 10.

For one, he pointed out that the developer failed to comply with the setback requirements on the front yard on Cebu South Coastal Road and Mambaling Access Road. It is contemplated by law to be vacant, however, the space is occupied by plant boxes and stairs.

“…while the structures abutting the subject road, especially the stairs leading to SM’s main entrance and the high plant boxes, are within the SM’s property line, said structures, however, were on the eight-meter setback required under the NBCP for structures build along newly developed thoroughfares,” said Raya.

Due to the developer’s non-compliance with the setback requirements, Raya said it appears that SM exceeded the Allowable Maximum Building Footprint (AMBF).

“...it appears that the portion where the said structures (plant boxes and stairs) were built violate TOSL (Total Gross Floor Area) limits. Furthermore, considering that SM failed to provide the required setback in as much as the plant boxes and the stairs form part of the building itself, the same has likewise exceeded the AMBF set under the NBCP,” he said.

Despite the series of meetings with the management, Raya said the developer also did not provide sufficient maneuvering spaces within its property line for vehicles, especially with its buses. The bus terminal is located at the middle of the mall area.

“This did not only breach what has been agreed on but also violated the Revised - IRR of the NBCP,” said Raya, citing that installing maneuvering lanes will avoid traffic congestion.

Also, he said his team discovered that some structures, such as the plant boxes, stairs, drainage, paved driveway and flagpoles went beyond SM’s property line.

“The structures which went beyond SM’s property line clearly, in blatant violation of PD 17 (or the Revised Philippine Highway Act), usurped some portions of the RROW (Road Right-of-Way) and had converted the same to SM’s own use,” he said.

Although the concern on trees does not relate to the building code, the agency noted that there are some missing trees along the South Coastal Road near the mall that were previously planted at a uniform distance and gap.

Taking into account the possible effects of urbanization and population growth, Raya said it becomes obvious that the purpose of the national law is to regulate the construction of all structures to promote public welfare and public safety.

“It is likewise expected, like in urban centers like Metro Cebu, that there will be an increase in traffic congestion, brought about by urbanization and population growth… Clearly, the implementation of the provisions of the NBCP has a direct relationship with the negative effects brought about by urbanization and growth in population, particularly, traffic congestion,” he said, stressing the need to strictly enforce the existing national laws.

DPWH-7 officers, during a series of meetings with SM representatives, have been pointing out to the company that entrances and exits leading from and to CSCR is subject to their regulation not only that it is a national road but also it has to be specially designed for thorough traffic.

They recognized the need to limit the access to and from the road. However, with what they observed in the SM Seaside complex, it was developed with several access roads.

“…considering the number of expected vehicles going to and coming from each of said projects, access to and from the subject road, if not regulated, will surely congest the flow of vehicular traffic therein, thereby defeating the very purpose for which the latter was designed and made,” said Raya.

To counter traffic crisis experienced after the mall’s opening, the Cebu City Transportation Office will double its measures by deploying more enforcers at South Road Properties to assist traffic flow particularly on working days.

“CCTO has prepared for any and all eventuality, always hoping for the best yet expecting for the worst… We appeal for consideration and understanding form the affected motorists for the public good,” said CCTO Acting Executive Director Rey Gealon.

The CCTO official had admitted that the volume of vehicles traversing the South Coastal Road may have tripled compared to the usual flow prior to the mall’s opening, resulting in the slow movement of vehicles on the highway’s north-bound lane.

But Gealon said they will continue to assess the traffic situation and make necessary adjustments.

As of last night SM representatives said they were still drafting their reply to the DPWH report.  — /BRP (FREEMAN)