Court freezes Jomtien condo projectPlaintiffs take on the big boys The Rayong administrative court last month issued an injunction against View Talay 7, a condominium project in Jomtien, to halt temporarily construction of its 27 storey building on the beach. The case was filed by 10 owners of units in the Jomtien Complex Condotel against Pattaya city hall and the View Talay developer. They complained that city officials illegally issued a construction permit for the company to build the high rise in an area where the height limit was 14 meters.The plaintiffs based their case on the 1978 ministerial regulation that forbids buildings from exceeding 14 meters in height if situated 200 meters or less from the sea. They also claimed the new building would obstruct their sea view and redirect the wind flow, negatively affecting sanitary and living conditions. The current building work, it’s claimed, has also created dust and cracks to the Jomtien Condotel. The administrative court granted an injunction to halt construction, saying that the plaintiffs and city hall disagreed on the starting point from which to measure the building’s height. The disagreement is essentially about whether the mean water level or the low tide-mark is used as the base measurement point for the building site. Richard Haines, one of the plaintiffs, said the court’s decision could set a standard for developers in Thailand as a whole. He explained that the owner of Jomtien Complex Condotel, which is about 220 meters from the sea, had planned to build a low rise hotel on the disputed plot but had later sold the land, then finally developed by View Talay. The residents of Jomtien Complex Condotel are believed to be the first in the area to challenge the awarding of a major building permit by city hall authorities. Although the final outcome won’t be known for months, even years if there is an appeal, they are to be congratulated on their courage in standing up for what they clearly see are their rights. The cynics, wrongly, had earlier said they didn’t have a chance.
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