Mr Pakorn is already overseeing draft new regulations in the hope of seeing his vision become reality. In such areas, hotels will be allowed, as they are now, he said.
“According to the Phuket Provincial Town Planning Ministerial Regulation B.E. 2554, low-density residential [‘Yellow Zone’] land can be used for tourism-related developments, including hotels,” Mr Pakorn explained.
“However, while the regulation does not explicitly prohibit hotel construction, it lacks specific guidelines on the scale and type of buildings permitted. This ambiguity has led to conflicting interpretations and regulatory uncertainty,” Mr Pakorn said.
There are other problems with the current regulation, according to Mr Pakorn. It does not specify the boundaries of the building to be built. It does not specify what type of building it must be. It only states that it is used to specify “low-density residential, commercial, public utilities and public services”, he added.
Despite the volume of new condo projects being built, especially in the Bang Tao and Cherng Talay area, Mr Pakorn wants to allow larger hotels and condo projects in the “low-density” area.
“The Yellow Zone rule states that a single building cannot exceed 2,000 square metres. I think that is not right… I do not agree because 2,000 is only enough for a Lotus’s shopping centre. You cannot build a [large] condo or hotel,” he said.
Mr Pakorn avoided any mention of the scale of the properties already under construction in Yellow Zone areas in Phuket, which are using the rule to build several condo buildings on the same site as a ‘complex’.
Instead, he pointed out, “The new draft is currently more of a vision than a reality, and it’s unclear when it will be released. It requires extensive discussions and numerous meetings before it can move forward.”
Yet Mr Pakorn is moving forward with his vision, He declined to provide a copy of the draft regulation, saying it was “only a draft”.
However, Mr Pakorn assured that the draft, when ‘finalised’, will be presented at public hearings for feedback.
LOOPHOLES
Phuket MP Thitikan Thitipruethikul, who has been at the forefront of the investigation into the Nebu hotel construction in Cherng Talay, says it is this building size restriction that developers are using to exploit ‘loopholes in the law’.
“The Yellow Zone, and the words ‘low density’, mean that you cannot build just anything,” he assured.
“However, the Yellow Zone has different ‘levels’, depending on which type of ‘yellow’ it is. If the usable area of the building does not exceed 2,000sqm, the regulations say it cannot be built… Or it may be built, but with conditions,” he said.
“For example, like with the Nebu hotel, the project covers 1,400sqm, which is within the legal limit… But approval from DPT is required if the building area is not more than not more than 30 metres from the road, and approval is needed by an EIA. These regulations come with specific requirements, so not every project can be built in areas marked yellow,” he said, noting the apparent complexity in current building regulations.
“I understand that there are a lot of construction projects in Cherng Talay, but there will be cases like this. Some projects are divided into small sections, such as building a condo with five buildings, or 400 units, all in the same project site.
“But with these the applicant does not request a single project. They file separate applications for each building, such as they did with Siamese Bangtao, which is technically separated into Siamese Bangtao 1 and 2, but all at the same project site,” he explained.
“Breaking large projects into individual applications per building is using a loophole to avoid all the regulations required for larger projects, which are not allowed in Yellow Zones.
“It also avoids extra requirements under the EIA,” he added.
Although laws do exist to regulate growth, Mr Thitikan argued that they must be updated to meet modern needs.
“For example, zoning laws should be clear, like in Bangkok. If an area is for residential purposes, large hotels should not be allowed,” he said.
POOR GOVERNANCE
Poonsak Chanchampi, Chairman of the House of Representatives Committee on Land, Natural Resources, and Environment, was recently in Phuket to inspect several project sites and investigate issues with the construction boom in Phuket.
To Mr Poonsak, Phuket is suffering “major governance challenges”.
“One key issue is the Environmental Impact Assessment (EIA) process and public consultation. Often, approvals are granted without sufficient community input. These conflicts will continue unless the process changes,” he said.
He noted that when provinces control development approvals, there is a risk of vested interests influencing decisions.
“Many cases of unchecked development stem from a lack of structured, transparent decision-making,” he said.
To address these issues, Mr Poonsak proposed a standardised zoning system across the province, similar to Bangkok, with clear public consultation.
“All construction projects should have thorough environmental assessments and public hearings. We need clear regulations and accountability in every project,” he said
“Phuket will be in chaos without proper control,” he added.