Community Opposition to the Boatyard in Mt Hartman Bay
This is very much alive even if appallingly slow.
We are in court demanding access to the planning application information. This has been denied us by the Planning and Development Authority. This is unlawful. It has prevented community participation in the decision as required by law. The Authority is behaving as if it were above the law. Also, it has had no voting members from ministries of environment or health as required by law. The first hearing in court is scheduled for the end of October.
When we get full access to the information – and even if we don’t – we will claim judicial review challenging the Authority’s decision to grant planning consent.
Now we have discovered that the developer – Grenada Green Boatyard and Marine Services Ltd – holds a lease on the land from government that does not allow boatyard use. This is a material breach of the terms of the lease and is sufficient grounds for its termination. Prior to signing the lease, the developer had already applied to the Planning and Development Authority for use of the land as a boatyard so he was well aware that, when entering into the lease with government, he had already violated it.
Cabinet now has a choice:
- Terminate the lease (the lease allows this “Immediately and without liability for compensation or damages” if the land is used “for any use other than the permitted use”), or
- Change the lease to allow a boatyard.
The current planning permission is invalid because it was granted when the applicant did not have landlord consent for boatyard use. The Act requires all consents to be obtained prior to planning application (Act S.19(1)(c). If Cabinet consent to change the lease to boatyard use is now requested and if it is given, the developer must then apply for planning consent again.
Cabinet members should be made aware that there is vehement community opposition to an industrial boatyard in this location. In summary its adverse effects will include:
- Permanent destruction of old and established mangroves protecting the coast, filtering run-off and providing a nursery for young fish that will later, as adults, be caught by local fishermen
- Contamination of the bay with aquatic poisons from removal of antifouling paint from boat hulls – poisons that enter the food chain including humans
- Incompatibility with adjoining residential, recreational and tourism uses
- Piling, dredging and disturbance of the seabed for concrete ramps wrecking the habitat of marine species including lobster and conch and damaging the reef with silt
- Removal of natural habitat and violation of our international agreements to protect the environment and facilitate public consultation and participation in decisions.
It will effectively blight the whole of Mt Hartman for any responsible and environmentally sustainable future use. No hotel, tourism, or academic user would want an industrial boatyard in the middle of the development. To get an idea of what a boatyard would look like see the one at the True Blue end of Dusty Highway (at least that one is in an industrial area).
Government now has the opportunity to put a stop to this by terminating the lease and demonstrating its commitment to environmental concerns and to community views.
Termination of the lease would also terminate the community’s legal action against the Planning and Development Authority in unlawfully granting planning consent for a boatyard. It would also eliminate possible judicial review challenge to the Cabinet’s decision.
We must now lobby Cabinet Members to terminate the lease. Any ideas?
Finally, for now, we are significantly out of pocket for legal fees and we need money. You have all said you wanted to fight this boatyard so you must help. Sorry it is taking so long. We will stop this boatyard if you help!
Please send contributions to:
Account: Roger England
Number: 4125100
Savings
BANK NAME: Grenada Co-operative Bank Limited
BANK ADDRESS: 8 Church Street, St. George, Grenada
SWIFT ADDRESS: GROAGDGD
With kind regards
Coral Cove Group
L’Anse aux Epines
contact@coralcovegrenada.org
https://coralcovegrenada.org