A private school in Maraval will open after a almost year-long legal battle with the Diego Martin Regional Corporation.
In a 30-page judgment, delivered in the Port-of-Spain High Court on Thursday afternoon, Justice Devindra Rampersad ruled the corporation acted irrationally and unreasonably when it rejected the Arbor and Rosewood School’s application for building permission.
In rejecting approval on the adequacy of the building located at Long Circular Road in Maraval, the corporation pointed to the concerns raised by residents of Long Circular Road and the Director of Highways over a potential increase in traffic in the area as a result of the school’s relocation.
Rampersad rejected this contention as he said the approval of the school’s traffic plan was not a requirement for the corporation to grant approval under Section 170 (1) of the Municipal Corporation Act.
“There was no suggestion that the fact that there being a traffic problem created a safety issue in relation to access by members of the public,” Rampersad said.
While the school’s management EDFAM scored the major legal victory, it would not be able to immediately open the school as the injunction granted to the corporation, days before the school was due to open in September last year, continues to stand.
As part of his ruling Rampersad agreed to keep the injunction until next Tuesday to give the corporation time to review EDFAM’s application and report its position back to the court.
Speaking to reporters outside the Hall of Justice, EDFAM director Kirk De Souza said his organisation was pleased with the judgment but will wait on the corporation’s review before they decide their next move.
De Souza expressed frustration over the school’s drawn-out battle over their relocation to the area.
“When we started eight years ago, I never thought that it would turn into something sinister. We are trying to give these children the best education possible to build a better T&T. We are not in this to make money this costs us a lot to run the school,” De Souza said.
In an official release issued yesterday, the school’s representative, Kimberley Costelloe, said it was hopeful for a speedy resolution of the dispute.
“Our school body, including parents, administration and staff only wish to be good neighbours and abide by the suggested traffic regulations as approved by the rightful authorities,” Costelloe said.
The school was represented by Christopher Hamel-Smith, SC, Johnathan Walker and Gregory Pantin. The corporation’s legal team comprised Colin Kangaloo, Stuart Young and Annabelle Sooklal.
About the schools
The schools, founded in 2008 and 2010, require parents to make an $8,000 contribution to a capital fund, in addition to over $15,000 in annual school fees. Arbor is a kindergarten and Rosewood a primary and secondary school for girls. The joint student population is estimated at 220, in addition to 30 teachers. EDFAM, the non-profit organisation which runs the two schools, also runs Trimont College, a primary and secondary school for boys in Glencoe.
After announcing their relocation from St Clair to the proposed property in August last year, the school began receiving opposition from a group of residents from neighbouring communities who banded together to raise concerns about the impact on the already dire traffic situation in the area during peak hours.
The group, the Lower Maraval Residents Association, also claimed that the school lacked necessary approval from the corporation, the Town and Country Planning Division and the Ministry of Education. The school has since received all necessary approval except from the corporation.
After Rampersad granted the injunction to the corporation, EDFAM filed a judicial review of its decision to oppose granting approval, which was determined in the school’s favour on Thursday.
The group has recently filed its own judicial review challenging the decision of Minister of Planning Bhoe Tewarie to grant planning permission to the school even though it sought to open while their application before Tewarie’s ministry was still pending.
The lawsuit, in which the residents contend that they were not consulted by Tewarie, is yet to be assigned to a judge.