PM gets pre-action letter over Todd Street housing development plan

Black Immigrant Daily News

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Prime Minister Dr Rowley. File photo/Sureash Cholai

THE Prime Minister has been served with a pre-action protocol letter with a threat to file for judicial review challenging a Cabinet decision to transfer a hectare of state land at Todd Street, San Fernando, to the Housing Development Corporation to construct multi-family housing.

The Prime Minister, as the head of the Cabinet, was given until November 28 to respond to several requests and say whether Cabinet will reconsider the decision to hand over the land to the HDC.

On Monday, attorneys for a group of ten, comprising religious groups, residents and business owners of Todd Street, school officials and residents of neighbouring communities, served the letter on Dr Rowley.

They say they will be “greatly disturbed” by the decision to build 72 apartment units at the Todd Street location.

The 17-page letter, written by attorney Varin Gopaul-Gosine, quoted correspondence from the HDC, the Education Minister, the ministry’s permanent secretary and the Town and Country Planning Division (TCPD), dating back to March 23.

The correspondence, which was also provided, revealed when the Education Minister told the HDC chairman there was no objection to the corporation’s use of the land. This was on March 23.

On April 7, the TCPD’s acting director said the site formed part of land allocated as a school site and the division did not recommend its use for residential purposes, as it would not conform with its planning policies.

The acting director also asked for correspondence from the Education Ministry confirming there was no objection to a change of use of the land from a school site to residential use. The HDC was also told that before beginning development of the site, it must apply for planning permission.

The correspondence showed on July 29, the ministry’s PS advised that a site visit to the land substantiated the need to retain it for its intended purpose of providing more green space and for expanding the two secondary schools flanking it. The PS said development in the middle of the schools would add to the noise pollution and traffic congestion and change the natural aesthetic of the area, and in recognition of the ministry’s responsibility to the youth, it could not accede to the HDC’s request to use the land.

However, despite the two objections to the change of use, the Cabinet, the letter said, transferred the land to the HDC on September 8.

Gopaul-Gosine said it appeared the Cabinet made a firm decision to transfer the land to the HDC for housing in defiance of objections while failing to appreciate that the TCPD was the regulatory body to determine how land should be used.

The letter accused the Cabinet of acting illegally, irrationally and in abuse of its powers while contravening the rights of residents.

The lawyer asked for Cabinet’s reasons in writing for rejecting the position of the Education Ministry and the TCPD. He also wants to know if Cabinet willreconsider its decision, and if not, he wants to know why, or if it still intended to build apartment complexes on the land.

He also wants to know, if a firm decision was not taken on how the land will be used as stated by HDC chairman Noel Garcia at a sitting of the Public Administration and Appropriations Committee of Parliament, why the HDC inspected the land; asked the Education Ministry if it had objections to the use of the land; why the minister said she had none; and why planning permission was sought in May.

The lawyer told the Prime Minister if a written response was not received by November 28, they will conclude that the Cabinet has not considered or will not consider its position, prompting the filing of a judicial review claim in the High Court.

In the letter, Gopaul-Gosine cited the dust, noise, traffic congestion and the dangers posed by the use of heavy equipment and machinery during construction.

Those affected, he wrote, “will also be greatly disturbed in their easy access to and from their homes, businesses, schools., religious venues and sporting and recreational facilities, including Skinner Park as a result of the increased road traffic, pedestrian use congestion, noise and loss of green space, when the units are fully occupied; this is in the context that Todd Street, Park Street and Farah Street are narrow and cannot be extended or expanded nor is there space for the construction of related amenities and infrastructure to support a large residential population increase.”

Gopaul-Gosine said the space was the last green space available to the public, other than Skinner Park, which is under renovation and unavailable, and regularly hosts kite-flying, football, cricket and sport and family day events.

Traffic on Todd Street, the lawyer said, was also a nightmare because of the seven schools in the area and the Southern Academy of the Performing Arts (SAPA). There were also concerns about possible flooding.

The ten proposed claimants are also represented by Ramesh Lawrence Maharaj, SC, Rikki Harnanan, Ronnie Bissessar, Kingsley Walesby and Michael Rooplal

The intended claimants:

The Krishna Mandir

Shri Krishna Seva Trust Foundation

Stri Sevak Sabha

Anthony Dopson on behalf of Todd Street residents

Dave  Mohammed, PTA president, ASJA Boys’ College

Erickson Ramkhelawan for Todd Street business owners

Reaaz Dabideen, president, Parents Enhancement Association of ASJA Girls’ College

Roanne Ramkissoon-Sylvester, PTA San Fernando West Secondary

Samuel Mohamed for Concerned Citizens of San Fernando and Todd Street residents

Viliana Ramoutarsingh for Gulf View residents and adjacent areas

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