The Supreme Administrative Court Hearing

A hearing was held at the Supreme Administrative Court in Bangkok On August 6. The court heard argument concerning if Pattaya City Hall issued a building permit for the large build known as VT7 was legal? The matter in dispute is if View Talay Condominiums number 7 should be torn down to a four-story building. The question is if the law will be enforced to protect the Pattaya seashore for tourism and Thais citizens.

You may read the “Statement of the 8 Plaintiffs” submitted at the court at the hearing by visiting the Blog.  http://admincourtfiling.blogspot.com/

Bangkok Administrative Court sends officials to Pattaya for measurement.

Bangkok Administrative Court sends a survey team to measure the location of View Talay Condominiums number 5, 6 and 7. The measurement took place on 18th of July. VT 7 measured 100 meter plus 12 center meters from Mean Sea Level or MSL. While VT 5 was 142 meter and VT6 was 158 meters from MSL. All three building falls short of the 200 meters required by the law before you can build over 14 meters height. We are waiting for the court hearing to determine if Pattaya City Hall legally issued building permits for the three buildings. .

Sixty Thai citizens and The Stop Global Warming Association brought the Bangkok Administrative Court case. The Stop Global Warming Association is a United Nation Non Government Organization or NGO. Issue 9 is one of Thailand’s first environmental laws. That protects Pattaya beach coastline for tourism and future generation of Thais.     

View Talay Condominiums 7 measurement

Meanwhile today we received notification from the Supreme Administrative Court. They have scheduled a court trial for the 6 of August. This trail is concerning if the Rayon Administrative Court made a correct decision? They determined that Pattaya City Hall could measure into the sea 100 meters before they measure the 200 meters onto the land when issuing building permits.  Issue 9 required a 200-meter measurement. But does not explain how to do the measurement. Logic tells a normal person to measure 200 meter from the starting point onto the land. That would meet the laws requirement to increase the protected beach area. And that would follow the laws drafting minutes.   

The Issue 9 law was written to protect the beach environment by increased the protected area over the previously law.  The Rayon Administrative Court decision decreased the protected area. We are looking for a win in both courts.  

Administrative Supreme Court to Decide the Measurement

The Administrative Supreme Court notifies the group of ten, which started the first suit against Pattaya City to protect the local beach environment. They have closed the appeal case for evidence gathering and will make their decision. They will decide if Issue 9 was violated. It will decide if Pattaya City issued a legal building permit to View Talay Condominium for the construction of project number 7. It will determine if you divide the measurement by two and measure hundred meters into the sea before you measure onto the land. Or just measure two hundred from the sea unto the land.  

We would like to thank K. Srisuwan Janya (above left), Dr. Anatchai Rattakul (above right) along with K. Surachai Trongngam (below), K. Teerapan Pantkiri and Miss Pajama Plagaid for their work with the Administrative Court and the appeal process.  

Issue 9 “specify the area within the 200 meters measurement from … the seashore in which the following constructions shall not be built:” The Ministerial Regulation doesn’t allow buildings over 14 meters higher than the road level within 200 meters of the seashore. It was one of Thailand’s first environment laws written thirty-five years ago. The growing Pattaya tourism was the reason for protecting its beach environment. We are waiting for the Administrative Supreme Court order later in the year.