A hearing into an application by attorney-at-law David Comissiong seeking to prevent work from beginning on the multi-million dollar Hyatt Centric Resort is expected to begin on April 19.
Comissiong Tuesday morning filed an interim order seeking the suspension of permission to do any work on the US$100 million project on Bay Street, The City until the court can hear a substantive matter in a hearing scheduled for May 9.
When the interim application came before Justice Randall Worrell in the Supreme Court Tuesday morning, Deputy Solicitor General Donna Brathwaite, who was representing Prime Minister Freundel Stuart, asked for an adjournment to allow her time to file an affidavit in the matter.
Justice Worrell gave Brathwaite until Tuesday, April 18 to file and serve her affidavit, and scheduled the hearing for the following day.
“You would recall that last month . . . I filed a claim in the Supreme Court challenging the permission granted by Prime Minister Freundel Stuart to Mark Maloney’s company to construct this hotel. That matter has been set down for hearing to commence on May 9. However, in the interim, I also filed a subsidiary application asking the court to grant an interim order suspending the permission to build the hotel and for that suspension to remain in effect until the court is able to hear the substantive matter and come to a final determination about it,” Comissiong told Barbados TODAY.
On March 22, the political activist had secured an injunction immediately suspending the permission granted by Stuart for construction of the 15-storey hotel until the matter is heard by the court.
Comissiong is challenging Government’s decision not to conduct an environmental impact assessment on the multi-million dollar beachfront development.
The attorney had also argued that Stuart had relied on an outdated Physical Development Plan, even though Section 11(1) of the Town & Country Planning Act stipulates that the plan, which is now 14 years old, must be updated every five years.
He also took issue with the 15-storey elevation, pointing out that the maximum height allowed for beachfront hotels was five storeys, compared to the seven storeys for non-beachfront tourist accommodation.