DAVAO CITY—Cebu-based Taipan Development Inc. faces charges for violating the city’s comprehensive zoning ordinance for constructing the Gaisano Capitol Catalunan Pequiño mall here without securing a permit from the city government.
The zoning ordinance board filed the charges on June 28 against the firm for violation of City Ordinance 546 series of 2013.
Zoning committee chief Roy Ryan Rigor said Taipan Development did not secure a permit from their office and just proceeded with the construction without their knowledge.
“They have not secured our clearance at all,” Rigor said. “Besides, if they asked for one from our office we won’t give it to them, since the location is a residential zone.”
Rigor said that since the location is under a right-side tail zone, the company must seek the approval of the City Council for the reclassification of the area from a residential to a commercial zone.
Following the process, the management of the two-story mall should have asked the approval of the City Council for a reclassification before they could get clearance from the zoning office. However, Taipan bypassed all the processes and proceeded with the construction, Rigor said.
Without the zoning clearance, Taipan Development cannot secure a building permit from the city building office.
“The City Engineer’s Office and our office issued a notice of violation to them when we found out about their case,” Rigor said.
He said the mall was preparing for their grand opening, but the city stopped them from operating since they did not secure their permits.
Rigor said Taipan Development filed for additional allowable use before the City Council, but the council denied it.
Under the zoning ordinance, one can file for additional allowable use “provided the project signifies economic significance” and it should be approved by at least three-fourths of the City Council.
“We talked with the management, they are blaming their constructor, however it is not for us to find out whether there was negligence on the part of the constructor, our issue here is that they have violated our city ordinance,” Rigor said.
Taipan Development was the first company charged for violating the zoning ordinance since it was enacted four years ago, he added.