The row between the Town & Country Planning Department and Anderson Fat Child Cherry over a new multi-million dollar recycling project at Lears Quarry, Lower Estate, St Michael is headed for the courts.
The Department said that Cherry had ignored a cease and desist notice which it sent to him three months ago.
As a result, Chief Town Planner Mark Cummins has referred the matter to the Office of the Director of Public Prosecutions (DPP) for action.
The department has said that the project was established in a restricted area and posed a threat to the island’s drinking water supply.
“We served an enforcement notice for the material change in the use of what is taking place there, and also a stop notice. The activity has continued and as a result we have referred the matter to the Director of Public Prosecutions for him to take the matter before the Magistrates court, so that the Magistrates court can deal with that infringement of the Town Planning Act,” Cummins told Barbados TODAY.
“The Magistrate will determine if the weight of our case is justified and then he will make the appropriate decision.”
Cherry has accused the Department of targeting his business while other similar projects were allowed to function untroubled.
However, the Cummins dismissed this charge, telling Barbados TODAY Cherry’s treatment was no different to that of any other person.
“All I can say is that planning permission is required. The development at Lower Estate did not have planning permission and we served the notices and they did not comply.
“The Town & Planning Department does not treat persons by name. As a matter of fact, the Town Planning Act is very specific in that permission goes to the land, so it doesn’t go to Mark, it doesn’t go to John, it doesn’t go to Philip or it doesn’t go to Peter.
“So when permission is given, permission is granted to the land. We treat all of our applicants fairly and in the same manner. The same information that is requested for person ‘A’ is requested for person ‘B’. We don’t target anyone.”
Cummins explained that after serving a notice, the Department had to wait 28 days before taking further action. During the 28-day period the person has a right to apply for retention. If rejected, the person can appeal to the Minister, who makes the final decision, he said.
Cherry has admitted that he had not sought planning permission, and in a letter to Barbados TODAY in October 2015, he indicated that he was willing to move the plant to either Vaucluse, St Thomas or Greenland in St Andrew, if he received favourable terms from Government.