Mean Sea Level

Seems to me that the whole issue of this dispute - the legality of View Talay 7 project construction - hinges on the definition of Mean Sea Level.

The 'professional survey team' turned out on 15th November as scheduled, and surveyed the site of View Talay 7 to determine Mean Sea Level.

Not So Easy To Determine

Quoting http://en.wikipedia.org/wiki/Sea_level as follows:

Mean sea level (MSL) is the average (mean) height of the sea, with reference to a suitable reference surface. Defining the reference level, however, involves complex measurement, and accurately determining MSL can prove difficult...

MSL means the "still water level" — the level of the sea with motions such as wind waves averaged out — averaged over a period of time such that changes in sea level, e.g., due to the tides, also get averaged out. One measures the values of MSL in respect to the land. Hence a change in MSL can result from a real change in sea level, or from a change in the height of the land on which the tide gauge operates.

In the UK, mean sea level has been measured at Newlyn in Cornwall and Liverpool on Merseyside for decades, by tide gauges to provide Ordnance Datum for the zero metres height on UK maps...

Mean sea level does not remain constant over the surface of the entire earth. For instance, mean sea level at the Pacific end of the Panama Canal stands 20 cm higher than at the Atlantic end.

And from Wikipedia:

The term above mean sea level (AMSL) refers to the elevation (on the ground) or altitude (in the air) of any object, relative to the average sea level datum.

So, is that all perfectly clear now?

How High Is The Ocean?

Latest news on View Talay 7 is that a survey is scheduled for tomorrow - 15th November - to determine mean sea level at the View Talay 7 site.

What Does Mean Sea Level Mean?

Well, sea-level can of course be easily determined at any one moment in time. And if the mean level over a period is required, then that too can be be easily determined by a series of readings. For the purposes of View Talay 7 construction, surely a one-day reading is insufficient. Sea level of course changes with the time of the day, the phase of the moon, the weather, the time of the year. Surely a mean level calculated over at least a year would be preferred.

Global Warming Caused The Problem

So how long are we to wait for this to happen? This process could perhaps take a year or more. And when completed there will surely be appeals anyway. View Talay can argue quite convincingly that at the time of their application for permits to build View Talay 7 - and remember that all the necessary permits were in fact issued - that mean sea level was lower at that time than it is now - due to global warming. This would also explain why all the other building in Pattaya/Jomtien zone were built so close to the ocean - and everyone saves face.

The Law Was Unclear

Thus, word on the street is that the Administrative Court will determine that the law in this regard - using sea level as a deciding factor - is unclear, and must be re-written. Since permission was lawfully given to build View Talay 7 using best determination of sea level available AT THAT TIME, then the construction permits already issued will be totally upheld and construction continued - around the clock if necessary - without further delay.

Next Case

Rumour is that View Talay are planning a law suit against the complainants from Jomtien Complex, seeking compensation for the damages caused by the delay in construction of View Talay 7 and legal costs incurred by View Talay. This would probably result in the complainants' concerns of losing ocean views from their apartments a moot point. They may lose all their assets in Thailand.

View Talay 7 Must Be Completed As Scheduled

Why should construction continue around the clock? Because View Talay entered into contracts with purchasers of condos in View Talay 7, and those contracts specify a completion date. Construction was halted for a few months. If completion is late, then View Talay will have a problem with it's own customers - this may result in compensation due to purchasers in View Talay 7 - and additional damages being passed on to the complainants from Jomtien Plaza.

Moral Of The Story

If you buy property - anywhere - perform as much research and due-diligence as possible. Get a written contract of sale, and seek legal advice. If a developer should at a later date build close to or in front of your property, then your argument is with the developer/seller of YOUR property and your legal advisor. YOUR developer/seller is the one that cheated you, not the new one.

Don't Throw Stones

To question the legality of the property next door, to accuse of corruption, is akin to a schoolboy hurt by another and then throwing stones at a neighbour's dog. Stones have a habit of coming back at you, and dogs bite back.