by Linda Straker
- Levera Hotel Development to be included as “interested party” to Grenada Land Actors claim
- Range Developments and Mt Hartman Development applied to become defendants
- GLA yet to update its website about outcome of first hearing
High Court Judge in St George’s, His Lordship, the Hon. Justice Raulston Glasgow, on Thursday, 24 June 2021 upheld an application by lawyers for one of the 3 major hotel developments identified in a claim filed by the Grenada Land Actors Inc., as “a party of Interest” under section 56 of the Court Procedure Rules.
The Levera Hotel Development, the Judge determined, presented sufficient evidence to be included as an “interested party” to the claim as filed by the Grenada Land Actors (GLA) Inc , a recently registered non-government organisation.
GLA instituted legal claim against the Planning and Development Authority of Grenada in the High Court. Retired Justice, Rita L Joseph-Olivetti, is the Legal Consultant for the grouping. The Planning and Development Authority is represented by the Attorney General’s Chambers.
The claim was for Judicial Review against the Planning and Development Authority (the Authority) concerning its decisions regarding planning permissions granted to the 3 mega tourism developments.
A Judicial Review claim is a specific type of legal action that enables a person or group to ask the Court to review decisions taken by a public body. In this case, the public body is the Planning and Development Authority, a statutory body established under section 5 of the Physical Planning and Development Control Act 2016. The Authority is responsible for implementation of the Act.
Two other developments, namely Range Developments which is constructing the Six Senses Hotel La Sagesse in St David, and Mt Hartman Development, filed an application to become a defendant to the matter.
None of the hotel developments were named in the original claim, however, they see themselves as interested parties and made applications under section 56 and Part 19 of the Court Procedure Rules.
Following arguments from legal counsels, for the two which filed under Part 19 of the Civil Procedure Rules (CPR), the Judge adjourned the matter so that Range Developments and Mt Hartman Development can provide the Court with justification for them to be included as defendants in the matter.
GLA is yet to update its website about the outcome of the first hearing and an email seeking an update stated that they are still gathering the information.