Judgement issued in Grenada Land Actors v. The Planning and Development Authority
GLA's Re-Amended Fixed Date Claim, filed on December 14, 2023, sought several declarations and orders regarding the three projects and PADA's processes, including:
Public Register: Declarations that PADA failed to keep a publicly accessible register and orders of mandamus directing PADA to update and maintain the register in accordance with section 69 of the Act.
Regulations: A declaration that the lack of regulations governing the Environmental Impact Assessment (EIA) process, as contemplated by s.22(4) of the Act, hampers PADA's public duties.
Development Decisions (La Sagesse, Levera, and Mt. Hartman): Declarations that PADA's decisions to grant planning permissions were irrational, unreasonable, procedurally improper, or ultra vires (beyond PADA's legal power). GLA sought orders of certiorari to quash these decisions and orders of mandamus directing PADA to reconsider the applications and ensure proper EIA processes and stakeholder consultations.
Key Issues for Determination: The court outlined the following issues to be determined:
Concerns about evidentiary matters.
GLA's claims about the public register.
GLA's claims about the lack of regulations.
Whether PADA was required to conduct public consultations.
Whether PADA was required to give reasons for its decision.
Whether PADA's decisions were impugned by illegality, irrationality, procedural unfairness, or breach of legitimate expectations.
Whether GLA has standing to bring the claim.
Questions of delay.
What, if any relief, should be granted to GLA.
This judgment is published in full for public information below. Readers are encouraged to review the complete document for context and detail.