The first hearing in a legal battle over a controversial development at Cedar Tree Point, Barbuda, has been adjourned to March 4, 2025. The case is being brought by Barbudan fisherman and tour guide George Jeffery, represented by the Global Legal Action Network (GLAN), against the Antigua & Barbuda Development and Control Authority (DCA).
Cedar Tree Point lies near the world-famous frigate bird sanctuary and within the Codrington Lagoon National Park, a Ramsar-designated wetland. Local communities fear that the planned development, involving two luxury residences and covering over 100 acres, will harm the delicate ecosystem and disrupt livelihoods.
While an Environmental Impact Assessment (EIA) claims the project avoids critical nesting areas, members of the local government for the island say they were only informed about the development after it was posted online by the Department of Environment (DoE).
Allegations Against the DCA
Jeffery’s lawsuit accuses the DCA of approving the development for Abercorn Trust, a wealthy English investor, without following the correct planning procedures. Key allegations include:
- Failure to disclose the development permit to the public, violating transparency laws.
- Ignoring advice from the DoE to revoke the permit.
GLAN’s legal team, led by Leslie Thomas, is seeking court orders for “specific disclosure” of crucial documents from the DCA. They argue the government’s refusal to release all relevant information violates the Escazú Agreement, a regional treaty promoting transparency in environmental matters.
The court’s adjournment in March will allow GLAN to request specific documents related to the case.
Sarah O’Malley, a lawyer at GLAN explained that the network’s request for a broad disclosure was rejected by the court on Tuesday morning, which sided with the government. The government argued it had already provided all the necessary information. “They said that they had already disclosed everything that is of relevance, which in our view is not the case because we didn’t even have the development permit that we’re challenging until a couple of weeks ago, which we got through disclosure, but without the reasons for the granting of that application.”
O’Malley criticised the government’s lack of disclosure, suggesting that withholding the information is contrary to the spirit of the Escazú Agreement. “Without full disclosure, we cannot properly challenge the decisions that may have significant environmental impacts,” she said.
She said GLAN is hoping that the rule of law will be restored thanks to cases like this. “It’s kind of showing that people actually have the power” and although like George, they may not have formal training as environmentalists, they are experts in their field of work.
The planned development at Cedar Tree Point, presented as a low-density private residential project, involves two large residences, along with driveways, outbuildings, and a significant amount of land. The project site covers 113.9 acres, with additional “buffer” zones totaling more than 100 acres.
