A group of residents from Tacarigua have won their legal challenge against the proposed construction of a multi-purpose sporting facility at the Orange Grove Savannah.
The residents scored the legal victory yesterday at the end of the judicial review lawsuit against the Ministry of Planning for granting planning permission for the project without properly consulting them first.
The decision now puts the project, which was halted when the lawsuit was filed in 2013, in jeopardy as the ministry through the Town and Country Planning Division was ordered to revisit the process and to reconsider the residents’ various objections before it decides whether to grant approval for a second time or not.
In a 70-page judgment delivered in the Port-of-Spain High Court, Justice Ricky Rahim said: “In the court’s view, there is no evidence before it of efforts being made to entreat sufficiently with the affected persons, to supply them with sufficient information with which to make intelligent proposals; to give adequate time for this purpose.
“There is equally no satisfactory evidence that the product of consultation was conscientiously taken into account when the ultimate decision to approve the planning development was made.”
While acknowledging the residents’ contention that the process was unfair as the decision appeared to have been made before the public was informed, Rahim also criticised Planning Minister Bhoe Tewarie for his handling of the situation.
“There appears to be no genuine effort on the part of the Minister of Planning to listen to the people affected and to take their numerous concerns on board prior to making his decision,” Rahim said.
Besides the consultation process, the group also was contending that the ministry breached the Town and Country Planning Act by failing to update the country’s National Development Plan before engaging in the planning approval process.
Under the legislation, the ministry presents periodic plans on future construction projects designated for State land for parliamentary approval to facilitate “orderly, progressive and transparent” development.
“This is an important feature of the legislation as it may be reasonably inferred that timely updates to the national plan would in the usual course of events assist those who make the laws by way of understanding the development growth of the nation and that which may be required for future development,” Rahim said.
Although he declared that Tewarie breached the legislation, Rahim said there was no requirement under the legislation requiring him to make periodic ammendments if none were warranted.
“For example economic constraints in a given period may mean the minister or his government will have to prioritise the allocation of available resources with the result that there are no development plans in respect to lands for that period. Relatively small petro-based economies such as ours are no strangers to such austerity measures,” Rahim said.
As a side note, Rahim appealed to Government to amend the legislation to provide specific protection for national “green spaces” such as the savannah.
“The court wishes, therefore, to respectfully suggest that as we continue to develop as a nation in the 21st century, the time may have arrived when those who govern may wish not only to ensure that sufficient recreational areas are provided but also to consider that the green spaces in our twin island state deserve some measure of protection,” Rahim said.
The group was represented by Fyard Hosein, SC, Rishi Dass and Marina Narinesingh while Russel Martineau, SC, Gerald Ramdeen and Kendra Mark appeared for the ministry.
About the case
The group filed the lawsuit after they learned that approval had been granted for the facility on September 27, 2013.
The facility, which was expected to be named the Eddie Hart Regional Sporting Complex, was going to include a 25-metre pool, cricket and football fields and a 400-metre running track.
In developing the project, the Sport Company of T&T (Sportt) claimed that it would boost sport tourism as elite athletes from temperate countries would come to train during winter.
Sportt agreed to stop construction after the lawsuit was filed and it received two stop orders from the Tunapuna/Piarco Regional Corporation which currently maintains the savannah.
The group consists of 17 elderly residents of Tacarigua, who use the savannah daily for exercise and socialising, and two sport coaching schools, Ulric Haynes Coaching School and the Dinsley Cricket Club.