Garth ‘Lance’ Oliver, owner of the restaurant ‘Chill Spot’ which was served an order to be demolished earlier this week may have given evidence to suggest that he was in compliance with the notices served on him previously.
However, the members of the Physical Planning and Development (PPDB) were not in agreement with the information supplied by Oliver.
Prime Minister Dr. Ralph Gonsalves read from a letter issued by the Attorney General’s Chambers to Oliver’s legal counsel, Parnell Campbell Q.C during a press briefing Thursday.
According to the letter, Oliver was invited to a meeting with the Board on August 3, 2016, where he was given the opportunity to provide supporting information to counteract the enforcement notices previously served on him.
“The words of the letter dated 3rd August were clear and unambiguous for him to be heard on a narrow issue, this is to provide any reason why he failed to adhere to the enforcement notices,” Gonsalves said.
The letter dated August 31 according to Gonsalves conveyed that findings of the Board that the reasons given by Oliver for not adhering to the enforcement notices were not satisfactory and as such, there was no decision made under the provisions of the Act against which an appeal can lie.
So according to the prime minister, what the Attorney General was saying was that a proper appeal was not submitted.
The letter, dated September 20, stated that “based on the foregoing, what Oliver purported is not an appeal under the Act and cannot stay the proceedings, there is no automatic stay under Section 27.”
It went on: “This matter has been going on for a considerable time and the Board is prepared to assist Oliver in setting forth a proper application for Planning permission and complying with any conditions that may be inherent in the granting of such permission, however, these discussions may take place only after the illegal development has ceased in conformity with the enforcement notices.”
A follow-up letter from the Permanent Secretary to the Cabinet Secretary dated September 21 indicated that the Board was informed by the Ministry of Legal Affairs that there was no stay and an emergency meeting held at which point a decision was taken for the order of demolition to be carried out at 9:30a.m Wednesday, September 21.