MINISTRY OF THE ATTORNEY GENERAL PRESS RELEASE ATTORNEY GENERAL SUCCESSFULLY INTERVENES IN ONGOING CONTROVERSY BETWEEN THE DIEGO MARTIN REGIONAL CORPORATION AND EDFAM The Attorney General has successfully intervened in the ongoing controversy between the Diego Martin Regional Corporation and Edfam Ltd. over the latter’s attempts to locate its Arbour and Rosewood Private Schools on Long Circular Road Maraval, in the building located at 129 Long Circular Road Maraval. The building recently housed the “Tao” restaurant. The conflict between the school operator and the Regional Corporation erupted in August when it was evident that Edfam was determined to open the schools at the new location despite opposition from the Lower Maraval Residents Association and residents of Champs Elysees Road about the traffic that the new location of the schools would bring to the area. Residents’ complaints set the Regional Corporation into motion who soon realized that no permission had been granted for the schools to operate at 129 Long Circular Road and that Edfam was in breach of the Town and Country Planning Act as well as the Municipal Corporations Act. On September 10, 2014 the Regional Corporation sought and obtained and injunction to restrain Edfam from opening the schools at the start of the new school term pending the hearing of further arguments by the Court. It soon became apparent to the Regional Corporation that it could not continue with the injunction against Edfam since it has no specific statutory authority permitting it to seek an injunction to restrain breaches of the country’s planning laws. Such authority to seek injunctions to restrain breaches of the law was reposed solely in the Office of the Attorney General. Upon consideration of the issues involved and in particular his obligation to the public to exercise the powers of his office to ensure that the law of the land is obeyed the Honourable Attorney General instructed lawyers to intervene in the matter on his behalf. The Attorney General in his application to intervene in the matter raised concern that Edfam had failed to register its private schools with the Ministry of Education in breach of the Education Act. Upon hearing arguments presented by Attorneys at Law for the Attorney General and the Regional Corporation, Mr. Justice Devindra Rampersad, in a ruling delivered on Sunday evening, found that a strong prima facie case had been made out the Edfam had been guilty of breaching Section 8 of the Town and Country Planning Act (requiring permission of the Town and Country Planning Division where there is any material change in the use of a building); Section 170 of the Municipal Corporations Act (requiring the permission of the Regional Corporation’s engineer where there is any change in the use of a public building); and Section 30 of the Education Act (requiring all private schools to be registered with the Ministry of Education) The judgment sends a powerful message that wilful violation of the Town and Country Laws will no longer be tolerated and we are prepared to take a strong stand in such matters. The judge said: “The fact remains, however, that the defendant embarked upon this exercise without any regard whatsoever for governmental state agencies or departments or ministries and have pressed on to bring the school to a state of readiness despite, and in spite of, matters which were drawn to their attention by no less a person than the actual Minister, in one instance of alleged breach” The traffic congestion which the Government wishes to alleviate with the Point Fortin highway echoes in this matter as it was the prospect of increased traffic congestion that lead to the protests by the residents of Maraval. The judge himself testified to being a victim of the horrific traffic one has to endure from San Fernando to Port of Spain: “The average commuter from San Fernando, for example, can take as much as two hours to return to Port of Spain on a morning, which the court has personal knowledge of“ Attorney General Anand Ramlogan notes with appreciation the significant role played by the Honourable Minister of Planning Dr. Bhoe Tewarie who was vindicated by the court when it said: “…when the Honourable Minister indicated to Mr. Philip Hamel Smith that this was a crisis of the defendant’s own making, that sentiment could readily be understood and accepted as true. “ His Lordship, mindful of the interest of the schools’ students and parents has ordered that the injunction restraining the opening of the school be continued pending Edfam’s urgent application for the relevant permissions from the Town and Country Planning Division, the Regional Corporation and the Ministry of Education. The matter will come up again before Justice Rampersad on Tuesday at 1 pm. Dated: Sunday September 28, 2014 MINISTRY OF THE ATTORNEY GENERAL REPUBLIC OF TRINIDAD AND TOBAGO
Posted on: Mon, 29 Sep 2014 14:15:22 +0000
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