Greenvale's history of horrors

GREENVALE, for the most part is now widely remembered as being one of the worst affected flooding area in recent history. Both man and nature have been blamed for the flood, however, according to a pre-action protocol letter by 81 residents targeting the Housing Development Corporation (HDC), nature seems is less culpable.

In their 16-page letter to HDC managing director Brent Lyons dated July 5, the residents listed the history of Greenvale Housing Development and all the warnings ignored by the HDC and the National Housing Authority (NHA), the precursor to HDC. The letter stated that in October 2002 the then NHA purchased the land that the three phases were built.

“Prior to the purchase by the NHA various applications to develop the land were rejected by the Town and Country Planning Division of the Minister of Planning and Development” the letter said adding that the rejection were for the years 1987, 1988, 1994, 1995, 2000 and 2002.

In August 2003, The NHA applied to the Environmental Management Authority (EMA) for a Certificate of Environmental Clearance (CEC) begin the land development. According to the pre-action letter, NHA never stated that there were any rivers near the land and was still refused the CEC in June the following year. The NHA was instead told to apply for an Environmental Impact Assessment (EIA). In November 2004, the NHA made another application to the EMA for a CEC this time identifying the area as flood prone but proposed a mitigation measures report to address drainage and water run-off.

The residents claim that the second application was granted, however, the CEC expired before the work began and NHA needed to re-apply, which they did not. They claim that the development contravened the EMA Act, Section 62(f) and (g) which stated that NHA needed to apply for and obtain a CEC and comply with the conditions and mitigation measures. They added that section 71 of the Act makes anyone in authority who allowed breaches in the Act to occur can be held personally responsible.

In October 2005 HDC, which was now incorporated and replaced NHA, sought to assure the Ministry of Planning and Development through the Town and Country division that they would work with the Ministry of Works to “control the threat of flooding”. In August the following year the application was denied by Town and Country stating that the land was flood prone and allocated for conservation purposes. The letter claimed HDC asked Trinity Housing Limited to construct and develop the area with HDC being warned twice by Trinity Housing not to do so. The first warning letter was in September 2008 and then again a month later both saying that the area will flood in the north and second letter both north and south of the housing projects.

During this period the PNM under now deceased Patrick Manning controlled the government. In June of 2009, another application for planning permission was denied despite work already beginning without approvals from the drainage and highways division of the Ministry of Works, the fire service and the Water and Sewerage Authority. The pre-action letter pointed out that the Drainage Division was informed in November 2011 that phases one to three were almost completed and the area will flood following a site visit one month prior.

In May 2010 the People’s Partnership were elected to govern TT and were ousted in September 2015. In July 2015 the Town and Country Division granted approvals for the subdividing of lands to HDC. In August 2018, the Town and Country Division wrote to the Ministry of Works telling them that permission was granted to subdivide the land after vast sums of public money had already been spent and the area was already being occupied as early as 2015.

The pre-action letter stated: “It is evident that the October 2018 flooding was not only foreseeable consequence of constructing the development but an inevitable one, which the HDC were repeatedly warned against. Even after its unauthorised construction, the HDC’s disregard for planning and development laws meant that measures that could have at least mitigated flood damage were not proposed until it was too late.”

The 81 residents are seeking costs, interest on damages, aggravated and or exemplary damages, damages for distress and anxiety, damages for personal and property and damages for devaluing of interest to their homes.

The residents claimed they also suffered skin infections and other medical conditions caused by the flooding and had to incur medical expenses to treat them. The letter said the HDC owed the residents, since it was their landlord, builder of their homes and the development and responsible for managing and maintaining the development.

They gave the HDC until August 5 to respond and settle, or the matter will be pursued in court. The residents did not say how much they hoped to get from the HDC, but are willing to discuss a settlement.

The residents are being represented by Gregory Delzin, Dianne Mano, Rafiya Karim, Joseph Cowles and Melissa Mano.

After torrential rainfall on October 18 and 19 last year, which the Meteorological Service said was equivalent to a month of rain, Greenvale and other parts of the country were overwhelmed by floodwaters.

The HDC said it cost $30,416,004 to repair affected Greenvale homes. In November, the Prime Minister said over $30 million had been spent on flood relief, with an additional $30 million in grants to affected homeowners. Some households received a minimum of $15,000 and others got up to $20,000.

The HDC built 435 housing units in Greenvale. The initial project was supposed to have been in five phases, but phases four and five, which up to 2014 had not yet been developed, were abandoned. Phases one and two were completed in 2014 and the third phase in 2015 and distribution took place from 2014-2016.

The three phases were completed at a cost of $336 million, which included the cost of retention ponds, pumps and embankments. Phases one and two were constructed by Motilal Ramhit and Sons Contracting Ltd and phase three