A HIGH COURT judge has quashed the 2017 decision by the Environmental Management Authority (EMA) to approve a major Housing Development Corporation (HDC) project on lands at the St Augustine Nurseries.

Justice Robin Mohammed delivered the ruling on December 1, ending a years-long legal challenge brought in 2018 by environmental activist Dr Wayne Kublalsingh and Trinidad Unified Farmers Association president Shiraz Khan. The pair argued that the EMA granted a Certificate of Environmental Clearance (CEC) for the construction of 12 eight-storey apartment buildings – 504 units in total – on more than seven hectares of fertile agricultural land off Farm Road and the Southern Main Road, Valsayn, without requiring a full Environmental Impact Assessment (EIA).

Kublalsingh and Khan said the nurseries played a crucial role in propagating plant material for the agricultural sector and warned of long-term environmental harm if the development proceeded. In 2022, Mohammed granted them leave to pursue the judicial review claim and issued an injunction stopping the HDC from starting or continuing construction on the 17.4-acre Curepe site.

The pair had contended that evidence suggested the EMA relied on “inaccurate and deficient information” provided by the HDC. They argued that the authority acted irrationally by failing to properly investigate key concerns before granting the CEC, including the project’s potential impact on the microclimate and the propagation station that supplies tree and plant crops to farmers and the public.

The court found the EMA acted unreasonably by not requiring an EIA, given the scale of the proposed multifamily high-rise development. Mohammed quashed the CEC and ordered the EMA to conduct an EIA covering all relevant environmental factors. The EMA was directed to pay the claimants’ costs. A 42-day stay was granted to allow the EMA to consider its options.

The proposed North Grove development was earmarked for seven acres of land used for experimental crops. The HDC, in its application, referenced an August 2017 Cabinet minute stating that although the parcel was used for agriculture, it was surrounded by a densely built-up urban area.

In their filings, Kublalsingh and Khan accused the HDC of submitting false or misleading information, including claims that no springs or aquifers were on or near the site. They argued instead that the lands sit above the Valsayn aquifer. They further contended the EMA knew the St Augustine Nurseries formed part of the historic St Joseph Farm – established in the 1930s as a centre for the collection, conservation and propagation of tropical plant species – and still failed to request studies on how high-rise development might affect the area’s microclimate and agricultural resources.

The EMA, in resisting the application, maintained that it properly assessed the environmental impacts and determined that any harm could be mitigated. It also argued that an EIA was not a mandatory requirement under the EMA Act and was unnecessary in this case. In his ruling, the judge said, “I am not convinced that the EMA made sufficient inquiries before it arrived at its decision.

“The expert evidence undoubtedly demonstrate the important role that the farm and nurseries play in our nation’s agricultural and horticultural history. As sensitive receptors in such close proximity to the development, it was incumbent on the EMA to ensure that they adequately consulted with outside bodies with the particular expertise in the area.

“In this case, consultation with the Ministry of Agriculture, as the owner and operator of the farm and nurseries was paramount.

“As previously indicated, in the absence of fruitful engagement with the ministry by the HDC, the EMA had within its power the authority to conduct its own inquiries of the Ministry of Agriculture.

“In the court’s view, it was not enough for the EMA to rely on their own internal information on the farm and nurseries when there was no concrete feedback or consultation from the ministry.”

Kublalsingh and Khan were represented by Kiel Taklalsingh, Stefan Ramkissoon and Rajiv Sochan. The EMA was represented by Ian Benjamin, SC, Tekiyah Jorsling and Maurice Wishart, while Deborah Peake, SC, and Ravi Heffes-Doon appeared for the HDC as an interested party.