Residents vow to fight on

The group, through residents Patricia Bryan and Marlene Guy, both of Champs Elysees Road in Maraval, challenged the decision of former planning minister Bhoe Tewarie to grant planning permission to the schools, which are run by EDFAM.

In an oral ruling yesterday, Justice Mira Dean-Armorer held that the then minister balanced considerations of both the schools’ administrators and the residents.

She also held that no promises were made to residents, pointing to evidence that they were consulted before conditional approval was granted. The judge said revoking the permission at this stage would be, “beating a dead horse.” The dispute began in August 2014, when EDFAM announced plans to move the schools from St Clair. Residents of lower Maraval complained about the impact this move would have on the already dire traffic situation in the area during peak hours.

Bryan and Guy are members of the Lower Maraval Residents Association which also claimed the schools lacked necessary approvals from the Diego Martin Regional Corporation, the Town and Country Planning Division and the Ministry of Education.

The corporation took EDFAM to court over the proposed moved, but lost its case as the schools received permission from Tewarie, while the lawsuit was still pending.

In that case, High Court judge Devindra Rampersad ruled that the corporation acted irrationally and unreasonably in rejecting EDFAM’s application for building permission. 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. The schools eventually opened in September 2015.

In their lawsuit, the residents contended that Tewarie’s decision in February 2015 was unfair and should be reversed. Bryan and Guy were represented by Vivek Lakhan-Joseph, Kiel Tacklalsingh and Rajiv Rickhi. Director of EDFAM, Kirk De Souza said it was an “unfortunate situation” and one the schools’ administrators did not set out to cause. “It is all about the children,” he said.