Barbara Gayle, Staff Reporter

The St. Ann Parish Council, in an effort to protect residents from flooding during the present hurricane season, has taken the National Housing Development Corporation (NHDC) and the Minister of Housing to court over a proposed housing development in St. Ann.

It has placed a stop order on the alleged unauthorised development of lands at Shaw Park Glades, St. Ann. The parish council claims that the lands were being developed without its approval.

The area is zoned as a conservation area and the parish council, which is being represented by the law firm Bennett and Beecher-Bravo, is contending that the unauthorised development is prone to flooding on adjoining lands.

The parish council has taken the matter to the Supreme Court. The statement of claim which was filed last month refers to the "negative impact the unauthorised development has on adjoining lands, the Ocho Rios area and individual economic activity and property rights, likely to occur during the present hurricane season".

Grave prejudice

It contends that, if an injunction is not granted, the unauthorised development will cause grave prejudice to the parish council and to the general welfare of persons and surrounding communities in St. Ann.

NHDC, which is being represented by attorneys-at-law Bert Samuels and Akilah Anderson, is contending that if there is flooding in the area it was not caused or aggravated by the infrastructure being put it. NHDC says it has satisfied the National Water Commission's environmental requirements.

When the matter came before Justice Patrick Brooks last Thursday, Deputy Solicitor General Patrick Foster, who represents the minister, argued that the parish council could not get an injunction against the Crown.

The judge is to make a ruling on Mr. Foster's submissions on Thursday. The judge has instructed that, in the interim, the technical team from both sides should meet to see what compromise can be worked out in relation to alleged environmental issues.

barbara.gayle@gleanerjm.com