As we reported in our recent email, the Planning and Development Authority offered no defence to our judicial review claim for full access to planning application data.
https://coralcovegrenada.org/2024/10/31/planning-authority-offers-no-defence/
We have now been able to inspect the data for the Mt Hartman boatyard application and the planning consent that was given.
We can see that planning consent was given unlawfully and is wide open to challenge by judicial review. This would aim to revoke the planning consent and require the Authority to issue a declaration that the site is unsuitable for this or any other industrial use.
Briefly, our claim is based on the following.
- Violation of the Physical Planning and Development Control Act, 2016 (“the Act”), Section 19(1)(c)
The lease on the land held by the developer does not permit use as a boatyard. The Physical Planning and Development Control Act 2016, Section 19(1)(c), requires applicants to secure all necessary consents before applying to the Authority. Granting planning permission without valid consent from the government as landlord constitutes an unlawful act.
- Failure to Provide for Community Consultation and Participation
Community consultation is required by the Act, by common law, and by the Escazú Agreement, which Grenada has ratified. No consultation was conducted and could not have been because of the Authority’s refusal to grant community access to the application file containing essential plans and the Environmental Impact Assessment (EIA). This denial was addressed in the separate judicial review claim (Case Number: GDAHCV2024/0284 filed on 17.07.2024) to which the Authority offered no defence.
- Appearance of Bias and Potential Conflict of Interest
A major shareholder in the Developer company, Mr. Christopher Husbands, was also a voting Member of the Authority in the decision-making process for the initial planning consent. The Authority failed to demonstrate that all necessary disclosures and procedural safeguards were followed, as required by the Physical Planning and Development Control Act, particularly in Schedule I, Sections 3(5), 4(1), 4(2), and 4(3). His participation without documented recusal creates an appearance of bias and suggests a potential conflict of interest, which could compromise the fairness and integrity of the process.
- Failure to Provide Reasons for Ignoring Expert Environmental Advice
The advice of several government experts identified significant adverse environmental effects of the proposed boatyard and recommended mitigation measures to address concerns such as the protection of mangroves, waste disposal, drainage, and contamination. Despite the experts’ input, these mitigative recommendations were not included as conditions in the planning consent and no reasons were provided for this omission. Under common law, especially in circumstances where consent is granted in the face of substantial public opposition and contrary to expert recommendations, there is an obligation to provide clear and cogent reasons for disregarding such advice.
- Adverse Environmental Impacts
The serious adverse environmental consequences of an industrial boatyard in this location were identified by both the community and government officers. These were not adequately weighed by the Authority in its decision-making process. The harmful environmental effects identified include, inter alia:
- Permanent destruction of established mangroves that protect the coastline,
- Contamination of the bay with toxic substances from antifouling paints and other pollutants,
- Disturbance of the seabed through piling and dredging, which disrupts marine habitats,
- Incompatibility with the area’s residential, recreational, and tourism uses, and
- A significant increase in marine traffic, leading to greater pollution and habitat degradation.
The Authority failed to provide any response to these community concerns or reasoning for disregarding the technical evidence presented. This omission constitutes a material error in the decision-making process.
What now?
We have submitted a Letter Before Claim to the Authority. This is the necessary first step before applying to the courts. We await a reply. If there is no reply, we can submit our claim to court. Clearly, we stand an excellent chance of achieving our objectives.
But we need your financial support! We are already EC$30k out of pocket. If you care about thoughtless ‘development’ ruining our island, act now please. If we do not receive support, we will not be able to take our case to court.
In parallel with all this, we are trying to convince government to terminate the lease on the site . The lease allows this if its terms are violated. This would put an end to our legal actions. If anyone can assist with getting our case in front of relevant ministers, please get in touch and we can explain what we have done so far.
Finally, don’t forget what this is all about. The top of Mt Hartman Bay and sleepy Secret Harbour will be ruined by a boat repair and storage yard development. And we have to show that the community is willing and able to take on rapatious developers and the incompetent Authority. We have the power, the law is increasingly on our side and the only thing restricting our access to justice is the cost! We support ‘development’ not ‘destruction’!
If we get your support, we are willing to take on other examples of lack of planning and development control by the Authority working with other groups opposing environmental damage. Please donate to the account below and email us to let us know. Tell us if you want to remain anonymous. And if you have any ideas about corporate sponsorship, please let us know.
Account: Roger England
Savings
No: 4125100
BANK NAME: Grenada Co-operative Bank Limited
BANK ADDRESS: 8 Church Street, St. George, Grenada
SWIFT ADDRESS: GROAGDGD
See further details below.
For ongoing updates on this case and future actions, visit CCG’s website and sign up for email alerts: coralcovegrenada.org/news-and-updates.
Kind regards
Coral Cove Group – Working For Grenada
L’Anse aux Epines
contact@coralcovegrenada.org
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