The Planning and Development Authority offered no defence in the recent judicial review case brought by the Coral Cove Group (CCG). The case challenged the Authority’s decision to deny public access to planning application information including the application plans and Environmental Impact Assessment (EIA) reports.
The case was initiated by a resident representing CCG in connection with the community’s opposition to an industrial boatyard proposed in Mt Hartman Bay. Community members have been unable to challenge the planning consent for the boatyard because the Authority withheld access to key information.
The right to this information has now been confirmed, granting CCG access to the necessary documentation. With this access, the community intends to proceed with a full judicial review challenge against the planning consent.
A spokesperson for CCG said, “Judge Glasgow was magnificent! He politely, humorously, yet firmly reminded the Planning Authority of its obligations. He asked, why should people have to resort to court to access information they are lawfully entitled to?”
The law requires the Planning Authority to maintain a register of all applications that is accessible to the public, and that provides “sufficient information to allow them to make a proper assessment of the development that is contemplated.” This case aligns with the principles of the Escazú Agreement, an international legal agreement which guarantees public access to environmental information and emphasizes transparency from public authorities on matters that impact communities and the environment.
The case has implications beyond the proposed boatyard. if you suspect someone has applied for planning consent to build, say, a multi-story car park next to your house, don’t settle for minimal details. Demand access to the full register, complete with application plans. Unfortunately, CCG’s experience shows that the Authority may not make it easy: neighbours aren’t notified of potentially damaging developments, and the Authority claims not to have basic facilities like a copying machine to provide lawful copies of these documents. So, take your phone camera if you need to document it. CCG is prepared to challenge these obstructions in future legal actions.
The Judge awarded costs against the Planning Authority, though these are only a fraction of CCG’s actual legal expenses. CCG’s legal team included Leslie Thomas KC of Justice Chambers and Rosana John of Dentons.
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