SP calls out illegal backfilling of fishponds

By September 5, 2021Business

NO CLEARANCE, PERMITS

THE Sangguniang Panlungsod questioned the ongoing backfilling of several fishponds covering a large tract of land by Eternal Gardens along the Jose De Venecia Expressway Extension for the latter’s expansion area, noting that the backfilling activities are not covered by clearance from the SP nor did it comply with national laws on reclassification.

But Jose Jesus Torio, zoning officer IV of Dagupan City, who granted the permission to the company said the backfilling of some 20,000 square meters of fishponds is legitimate citing the approved Comprehensive Land Use Plan (CLUP) and Zoning Ordinance of 2014.

“The area that is being back filled by Eternal Gardens was already zoned as plan unit development and therefore has already been converted and classified,” Torio said.

Torio was invited to the SP by Councilor Luis Samson Jr., chair of the SP committee on land use, after the latter noted the brisk backfilling activities of a fishpond property with no clearance from the SP as provided for in the approved CLUP.

Samson said that there are processes that should be followed when an agricultural land is reclassified and converted, citing as an example the location of a terminal built sometime in 2017 along the JdV Expressway Extension which followed all the processes for reclassification and conversion before the SP issued a clearance.

He cited Section 73 of the approved Zoning Ordinance which states: “Reclassification: This zoning ordinance does not affect the reclassification of agricultural lands. Another ordinance in accordance with Section 20 of the Local Government Code of 1991 and Memorandum Circular No. 54 of the Department of Agrarian Reform shall be required for reclassification.”

When asked by Councilor Michael Fernandez if he complied with the CLUP and the zoning ordinance but did not receive a memorandum on the moratorium on land conversion, whether he is granting the approval to backfill, Torio answered in the affirmative.

When Councilor Tamayo asked for a certification that the fishponds being back filled are no longer profitable as required by Administrative Order 18 of the Department of Agriculture and other regulation to determine if the conversion is beneficial, Torio had no document to show.

However, at one point, Torio said he is not keen on approving a locational clearance for Eternal Gardens because a memorial park project does not conform with the identified planned unit development in the area.

Councilor Dennis Canto recalled that the SP during the past city administration already denied an earlier application of Eternal Gardens.

On Torio’s failure to provide more technical information on the ongoing backfilling, Tamayo told the committee that it should “reserve future action” on the issue. (Leonardo Micua)

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