The operator of a day-care centre in Portmore, St Catherine, is complaining that although her operation was inspected and certified by the Child Development Agency and her company was duly registered with the company's office and the tax authorities, she is being penalised.

She has been fined $200,000 by the Portmore Municipal Council and ordered to close down.

The operator states that she believes that she was done an injustice as she made every effort to ensure that her operation, created for the care of children while their parents were away at work, met all the requirements of national agencies.

The council ascertained, however, that she was in breach of zoning laws.

The Municipality of Portmore in St Catherine is primarily a residential community with well-defined areas for commercial activity.

If you have decided that your community will benefit from the presence of a day care or other facility and you want to convert your house or another residential property into a business for that purpose, you will need to apply for 'change of use' from the Municipal Council.

The Portmore Municipal Council has often taken legal action against business operators for breaches of the Town and Country Planning Act.

This results from land used, without the permission of the council, for operating an office or a commercial enterprise in a residential area.

The actions often result in punitive fees and or closures.

The day-care operator complained that the local authority could have been more understanding of her lack of knowledge.

SmallBiz: Problem Centre called the council to ascertain what would be required of a resident who wanted to operate commercially from their property.

The first step in getting a business approved is the submission of a building plan outlining what changes have been made or will be made to the property in order to facilitate the change of use.

For day-care centres, bathroom facilities must be adequate. Your building plan must be properly prepared by a draughtsman.

When submitted to the council, the plan will be sent on to relevant agencies for further examination, including the National Environ-ment and Planning Agency where necessary.

If these agencies approve the plan, then the Municipal Council is also highly likely to grant your change of use, The Gleaner understands.

building-plan approval

Application for change of use follows the approval of your building plan and as a rule, will cost one-quarter of whatever the charge was for the building-plan approval.

The cost of approval of the building plan depends on the size of the establishment.

It is best to get change of use and building-plan approval before approaching other government agencies to certify and register your business operations if you live and plan to operate in a residential area.

It is not advisable to start your business before getting approval, as refusals for change of use are quite prevalent, with the council intending to maintain the suburban town as mainly a residential area.

avia.collinder@gleanerjm.com