Developer insists: ‘The Stria’ project is legal

Local

THE developer of an 11-story resort on Bantayan Island’s white beach in northern Cebu insists its project is fully legal.

Despite a suspension order from government agencies over alleged violations, The Stria management said the site in Barangay Poblacion is classified as alienable and disposable (A&D) land under the Bantayan Island Wilderness Area (BIWA) General Management Plan approved by the Department of Environment and Natural Resources (DENR) in 2015.

In a statement on Tuesday, August 26, the group argued that because A&D land is excluded from the National Integrated Protected Areas System (NIPAS) Act, height limits and other restrictions under DENR Administrative Order (DAO) 2009-09 do not apply.

The company also contested the Environmental Management Bureau-Central Visayas’ (EMB-7) suspension of its environmental compliance certificate (ECC).

According to The Stria, EMB 7’s order was based on BIWA Protected Area Management Board Resolution No. 14, Series of 2022, which it described as “not an actionable document” that can suspend an ECC.

It added that the ECC, issued in December 2022, carries no height restriction and already reflects the 22,781-square-meter project description approved by the DENR.

The Stria cited support from the Santa Fe local government, noting that Municipal Ordinance No. 14-2023 authorizes the construction of an 11-story mixed-use building, while Resolution No. 83-2022 endorsed the project to the PAMB, DENR, and other agencies for clearances.

It further said DAO 2009-09’s phrase that structures over 10 meters “should be avoided” is advisory, not mandatory, and argued the 10-meter height limit is arbitrary and lacks technical basis.

As part of its safeguards, the company said it is building a sewage treatment facility that goes beyond what many establishments on the island provide.

It asked EMB 7 to lift its suspension and withdraw any cease-and-desist orders so construction can proceed.

The Stria issued its statement after Mayor Ithamar Espinosa and Cebu Governor Pamela Baricuatro ordered civil works suspended last week, following EMB 7’s move to freeze the project’s ECC.

The bureau said the developer failed to settle a P275,000 fine and to comply with a violation notice issued on August 1.

Inspectors reported that the building had already reached four stories and was planned to rise to 11, despite clearance limiting it to three floors.

They also said part of the structure extended into the 20-meter coastal salvage zone required under the Water Code of the Philippines.

In a memorandum dated August 18, Baricuatro directed the Santa Fe municipal government to submit all project permits within five working days, revoke clearances issued without national approval, and enforce compliance with the NIPAS Act.

She warned that failure to act could constitute “willful disobedience” under the Local Government Code, exposing local officials to possible charges.(MyTVCebu)