A PUBLIC RIGHT OF WAY TO QUARANTINE POINT EXTINGUISHED
· Crown Lands: Quarantine Station is an area of Crown Lands ( i.e. the property of “we the people” ) which includes the Quarantine Point. As its names suggests, the location housed quarantine facilities which screened persons afflicted with the dreaded leprosy from the rest of the population. On the Quarantine Point, housing facilities for the doctors and nurses were also located while the “leper house’ was located on the opposite point, further South).
· Recreational Area: When leprosy no longer threatened the island, Quarantine Point became a renowned recreational area. The facilities supported camping, picnicking, short vacations, even honeymoons. Many Grenadians, particularly the Girl Guides, Scouts and Cadets, reminisce with nostalgia of days passed at Quarantine Station.
· Public Events: In addition to being a prime recreational area, Quarantine Station has also become a venue for hosting cultural events (remember the Jazz Festival, Carnival Events) and fund raising events. The GBN King of the Grill competition will be held sometime this month (April).
· National Cultural Landmark: In 1988, the OAS Draft Plan and Policy for a System of National Parks and Protected Areas proposed that Quarantine Point be designated as a cultural landmark to be preserved for its recreational and aesthetic value.
· Lease Agreement: On July 11th, 1994 the Governor- General on behalf of the Government of Grenada, (that would have been the National Democratic Congress administration, led by then Prime Minister George Brizan), Landlord entered into a lease agreement with Leonardo Zucchi and Anna Fleming of Morne Rouge Enterprises Limited and Event Enterprises Limited , tenant, for the lease of two (2) lots of land of the area known as Quarantine Station. (Reference Liber 13-94, page 191. The lease agreement was prepared by Attorney-at-law, Anselm Clouden.
· Purpose of Lease: One lot, Lot A, was 14,750 square feet was leased for the purpose of constructing parking facilities. The other lot, Lot B, 10,000 square feet, was leased for the purpose of a garden and recreational facility.
· Duration of Lease: Both lots were leased for a period of 33 years with an option to renew for another 33 years.
· Lease Rental: The annual rental for Lot A was to be EC$2,213 while the annual rental for Lot B was to be $750.
· Approval of Change of Use: Then in 2003 the tenant applied for a change of use.
· Construction of Cottages: Approval was granted, allowing the tenant to construct a maximum of ten (10) cottages on Lot B, in addition to garden and recreational facility. This is reflected in the Indenture of 7th November, 2003 ( three weeks before the general election of November 28th), between the Governor-General on behalf of the Government of Grenada, the New National Party administration, and Leonardo Zucchi, Luisa Faraco and Joanne Evanson on behalf of the tenant. ( Reference Liber 34 – 2003, page 450). This amended lease was prepared by Attorney, Marion Suite.
· Planning Approval: It is appears that construction which commenced in mid – 2010 ( SEVEN years after the lease amendment) was put on hold by the Planning and Development Authority when it understood that the plan which was submitted for approval did not show the public right of way, located between Lot A and B, to Quarantine Station.
· Extinguishing the Public Right of Way: Recently it has been noted that construction work has recommenced. When an explanation was requested, certain members of the Authority have explained that a letter had been received from a certain ministry advising that the public right of way had been EXTINGUISHED. This extinguishing of the public right way thus removed the impediment to the approval of the plan.
It seems reasonable to ask the following questions:
· Extinguishing of Public Right of Way: On what basis has the administration of the National Democratic Congress taken away the people’s right of way and the access that to the breath taking vista that this access affords? Who prepared the brief for Cabinet?
· Annual Rental: Given the change of use of Lot B for the construction of cottages, has there been an increase in the annual rental of EC$750?
· Rationale for Approval of Change of Use: On what basis was approval granted by the New National Party in 2003 for a change of use to build 10 cottages on a narrow strip overlooking Grand Anse Bay? Which technocrat and Minister prepared and presented the Cabinet Conclusion?
· Erection of Gate on Pubic Right of Access: How is it that Morne Rouge Enterprises Limited and Event Enterprises Ltd. were not ORDERED to remove the GATE that was unlawfully constructed on the public right of way?
· Development of Parking Facilities and Garden: Did Morne Rouge Enterprises and Event Enterprises develop the garden and the parking facilities that were to be used by Mahogany Run and Mariposa Residences? From observation, it would appear that the drains which ran along the public road bordering Lot A were /are used for parking. One would note that the drains have disappeared and the embankment has been cut back to widen the area for kerb while bar facilities were operated on part of the area described as Lot A.
· Performance of Mariposa Residences and Mahogany Run: What has been the contribution/performance of these two properties to the tourism sector in Grenada? What tax concessions did they get and for how long? How much revenue did the Government of Grenada forego? What has been the occupancy rate of the hotel? How many persons have been employed, at what wage and for what period?
What can you do?
Citizens in Defence of Grenada’s Lands and Heritage calls on all citizens to express their opposition and disgust to this ARBITRARY ACTION of the Government of Grenada.
· Share information: Pass on this information to friends and colleagues at home and abroad.
· Write/E-mail Ministers of Government: Encourage friends and colleagues to send e-mails and letters to the following Ministers requesting that the Government of Grenada restore and protect the public right of way. Ask the Honourable Ministers to protect the interests of we the people:
o Prime Minister Tillman Thomas, Office of the Prime Minister
o Hon. Alleyne Walker, Minister of Lands
o Hon. Patrick Simmonds. Minister of Youth
o Hon. Karl Hood, Minister of Environment
· Write to the Rotary Club of Grenada: It is also understood that sometime between 2000 – 2003, Quarantine Point was leased to the Rotary Club of Grenada which pledged to develop it as a recreational area for the people of Grenada. What is the Rotary Club saying about the extinguishing of the public right of way? Does this organization which has pledged to protect the people’s property see itself as having a responsibility to ensure that this public right of way to Quarantine Point is not alienated so that the right of the people to use that access and enjoy the beautiful vista is taken way?
PROTECT THE PUBLIC RIGHT OF WAY TO QUARANTINE POINT!!
STOP CONSTRUCTION OF COTTAGES NOW!!
For more information call telephone nos:
405-0797/405-0048/535-0591
Citizens in Defence of Grenada’s Lands and Heritage
E-mail:
1
CDGLH
QUARANTINE POINT
A PUBLIC RIGHT OF WAY EXTINGUISHED
March 31st, 2011