by Linda Straker
- Several vendors received notice from Planning and Development Authority
- Statutory Body falls under Ministry of Infrastructure and Physical Development
- Person aggrieved by decision may appeal to Tribunal established under Section 58
- Names of authority’s reconstituted Board of Directors and Tribunal yet to be published
People who have been served with removal enforcement notices from the Physical Planning and Development Authority can file an appeal to the closest magistrate’s court, according to Section 32 of the 2016 Physical Planning and Development Control Act. “A person upon whom an enforcement notice is served and is aggrieved by the enforcement notice, may, at any time before the enforcement notice takes effect, appeal against the notice to a magistrate’s court having jurisdiction over the place within which the land to which the notice relates is situated.”
Several vendors with roadside booths, mainly on state property, have been receiving enforcement notices advising them to move their booths or the authority will remove the booths in 28 days after the enforcement notice is served.
“The Authority pursuance of its powers contains in Section 31 of the Act and of all other powers enabling it in that behalf requires you to take the step specified in the third schedule hereto to remedy the said breach within the period of 28 days beginning with the date on which this notice takes effect,” said the notice. Powers of the authority are per subsection 5 and 6 of Section 31.
The legislation further explains in subsection 2 (b) that “On an appeal under subsection (1), the court–
- if satisfied that permission was granted for the development to which the notice relates, or that no such permission was required in respect of that development, or the conditions subject to which permission was granted have been complied with, as the case may be, shall quash the enforcement notice to which the appeal relates; or
- in any other case, shall dismiss the appeal
If an appeal is dismissed by a magistrate’s court pursuant to subsection (2)(b), the court may direct that the enforcement notice shall not take effect until a date, not later than 28 days from the date of determination of the appeal, as the court thinks fit.
“A person aggrieved by a decision of a magistrate’s court under subsection may appeal against that decision to the Court of Appeal,” the law recommends.
Besides appealing to a magistrate’s court, Section 55 (1) states that a person aggrieved by a decision of the authority that causes a building to be removed may appeal to the Tribunal established under Section 58. “On appeal under this section, the Tribunal may affirm, quash, substitute for all or part of the Authority’s decision or add to the decision of the Authority. An appeal under this section shall be heard within 60 days of a person giving notice under section 59(4), and the notice shall be of no effect pending the final determination or withdrawal of the appeal.”
The legislation mandates that both the Board Members and the Tribunal shall be published in the Government Gazette; however, since the change in Administration in June 2022, the names of the Planning Authority’s reconstituted Board of Directors and the Tribunal to hear appeals are yet to be published.
The Planning and Development Authority is a statutory body that falls under the Ministry of Infrastructure and Physical Development, Public Utilities, and Civil Aviation. Prime Minister Dickon Mitchell is the current minister for that portfolio.
I am tired of the political especially Peter David coming to the defense of these lawbreakers on port highway this place is a eye sore in all these years Peter have never done anything to up grade the port highway and now he is coming out in support of these lawbreakers talking about the poor and vulnerable the NNP code words for votes I have no problem with people making a living but do it in the confines of the law I don’t see anybody poor out there they have their expensive car park right next to their shack .why didn’t they invest in obtaining a building rather than buying cars come on Pedro you have been a party to st George’s becoming a ghetto from the time you became the MP allyou ever did was come round election time hand out money like a Don get real bro let’s get the vendors a decent place that look good than this shacks what you don’t realize there are more people who want the government to do the right thing than what you have done to st George’s is time you stand for what is good for the country than pandering for votes.
Hi Texan, your words couldn’t be precise enough, I am tired of seeing those individuals of the former ruling party, play politics when it benefits them politically. Peter David should be ashamed of himself, using this moment to garner attention for his political benefit, it was his own ruling party that has the country in the mess that is currently exit. i wonder why the news reporting agencies are not doing a better job, at reporting these stories by holding the previous party accountable. why are the news agencies not pointing out the disparities, I am assuming that they themselves don’t see the benefits of improving the esthetics of the communities and streets?
I’m a shop owner and I have a license to operate. I’ve applied to buy the land and I was given water and ” electricity” only during carnival ” because of some unknown reason” . Six months ago Andy Williams and others invited all shop owners to come and review the plan they had for us. A nice blue print render of a food court. We were told after the first of the year they will give us more information about the building proposal. But instead they had meetings without the 13 owners and presented us all on Match 18 with a ” eviction notice’ with 28 days to vacate. I will become unemployed after April 14th.
Why should these people have to APPEAL this decision?? All that should be required is their licence to operate. This is another land grab and stupid decision. Someone else is after the location for their own benefit instead of locals making a living.
What the BLEEP is going on here! These shops have been in place 10 years or more and for sure some were given the land in exchange for moving from another location that the government already stole from them.
These shops are how persons MAKE A LIVING! These are part of Caribbean and Grenada culture. Why do you seek to destroy it?
It has been said that the CHINESE are looking to take TANTEEN FIELD. STOP this crazy crap of destroying POOR PERSONS LIVES!
Stop ” cleaning ” your culture out of your country. Tourists visit to frequent local shops like these NOT Silver Sands and the other NON LOCAL expensive places.
Listen up!
I understand what you’re saying but even though it is 10years doesnt mean that the land was legally required. If it was i hope that the appeal is successful on the businesses part, most of the shops that have food or selling other stuff have the operating license to do so and are paying taxes… so maybe you’re right.. lol they say theyre the change but that aint it
your comments couldn’t be further than the truth, if we allow everyone to use these public areas, what will our country look like in future. These areas that are spoken of was not meant to be used for the purpose that are being used, its government prime real-estate, that is to be used for the improvement of the country, to benefit all Grenadians and not just a few, As citizens new need to look at the bigger picture , these shops or so-called shops was erected without permits, the previous administration turned a blind eye and used to people to they advantage , it was unlicensed structures for your votes . It’s about time that something is done to remove these ridiculous structures, that are eye sore to the country and most of all to visitors.