DPWH legal counsel Brando Raya showed a copy of the SM Seaside City mall’s building plan.
The new SM mall at the South Road Properties has encroached on the Cebu South Coastal Road right-of-way and may have violated the National Building Code, public works officials said yesterday.
Failure to comply with the building code means an occupancy permit will not be issued, possibly delaying the opening of SM Seaside City Cebu mall, chief legal counsel Brando Raya of the Department of Public Works and Highways (DPWH) regional office said.
The mall, which will be SM’s fourth biggest in the country, is scheduled to open to the public on November 27.
Raya said SM could not build within a 10-meter right-of-way between the coastal road and its property. This 10-meter road lot is set aside for utilities, possible road widening and public use.
Because the coastal road is relatively new, SM is also required to comply with an eight-meter setback from its property line, although it is allowed to build accessories in this open space.
Geodetic engineers from the DPWH regional office, who made some measurements at the site yesterday, found that SM has used about half of the 10-meter right-of-way.
The main entrance stairs of the mall is also within the eight-meter setback area, said DPWH right-of-way agent Thello Jay Pardente.
“We already have a list of some portions of SM that are along the road lot intended for right-of-way, including the stairs,” Pardente said.
He said they have finished their assessment and were preparing a report, which will be released after DPWH top officials review it and determine the course of action to be taken.
Raya said they have written the Office of the Building Official (OBO) in Cebu City about the main entrance stairs within the setback area.
“There is an issue whether this (stairs) complies with the setback. On our part, the DPWH (says) it does not. It’s not an accessory. It’s part and parcel of the building. If you’re going to remove the stairs, the entrance will be useless,” Raya said.
He said failure to comply with the setback requirement would mean violation of Republic Act 6541 or the National Building Code of the Philippines.
Asked why the department has decided to take action only now, Raya said they were only recently furnished with a copy of SM’s geodetic or sketch plans.
Prior to receiving the sketch plans, he said the department was not aware of the possible encroachment.
He said a clearance should have been secured from DPWH prior to the application for the issuance of a building permit, given that the development is situated near a national road.
Raya said there was no clearance from the DPWH when the building permit was issued.
“I’d just like to emphasize that as you can see, we at DPWH are equally applying the law,” he said, citing their clearing operations against sari-sari stores that are encroaching on V. Rama Ave. road lots.
Sari-sari stores that line the sidewalk near the Vicente Sotto Hospital along B. Rodriguez Street have also been warned. He said that next week, they will be assessing the area again.
Aside from the encroachment and possible violation of the building code, Raya said they were also looking at the narrow bus terminal exit from the property, which may cause traffic due to buses possibly “eating up” two lanes.
Raya also noted the lack of trees alongside the national road, an issue that he said will be taken up with the Department of Environment and Natural Resources (DENR).
SM representatives present during the DPWH assessment declined to comment, saying an official statement will be issued once the company receives the DPWH report.
The mall is part of the 30-hectare mixed-use development of SM Prime Holdings, Inc. at the SRP, which will also include a hotel and convention center.
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