A St. David's property owner whose neighbours used her land without her consent to build a driveway to their home is demanding that Government explain why they were given Planning permission.

Jennifer Caines has spent nearly three years in litigation ¿ and more than $20,000 ¿ after Thelma and Chesley Foggo, Delores Binns and David Landy utilised part of her Great Bay Road property to widen an access path from eight to ten feet, and to accommodate a communal garbage area.

She first spoke to the Mid-Ocean News about the alleged encroachment in 2007.

A year later, she remains eager to have her concerns addressed by the Government officials involved. It is her contention that permission was granted based, in part, on inaccurate information presented to the Planning Department by "lawyer and Foggo family friend Shirley D. Simmons of Trott & Duncan".

And she maintains that her rights as a landowner have been shown "blatant disregard" because of her neighbours' political connections.

"The Government, under former Premier Alex Scott's leadership, was so ready, willing and able to assist Mr. and Mrs. Chesley Foggo and family with alternative accommodations in a Government housing unit at Lighthouse Hill, St. David's, and (in their) plans to rebuild a new home after a January 3, 2005 fire destroyed their little wooden cottage on Great Bay Road, St. David's," Mrs. Caines stated.

"However, three years later, in January 2008, another member of the same Foggo family, Mrs. Jennifer Caines, is out of pocket by over $20,000 and has received no assistance from the Government even though it's evident that certain Government agencies erred in granting permission to the Foggo family in the first place." Mrs. Foggo was inside their home with her three grandchildren when a fire broke out in the kitchen. They managed to escape but because the cottage was made of wood it could not be insured and the family tragically lost everything. Community response was immediate ¿ with gifts of cash and clothing ¿ and only a few days later, former Housing Minister Ashfield DeVent placed the family in temporary housing at Southside.

According to Mrs. Caines, the Foggo family submitted a building application that May and she lodged an objection shortly after because it asked to transform a footpath with stairs into a driveway which, based on Planning regulations, would have encroached on her property.

"After receiving a copy of correspondence obtained from the Planning file, I discovered that in place of my consent, lawyer and Foggo family friend Shirley D. Simmons of Trott & Duncan had submitted a letter to the Director of Planning which stated in part, 'This letter is to confirm that No. 32 Great Bay Road, St. David's, St. George's Parish enjoys an eight-foot right-of-way running along the western boundary in a northerly direction and connecting with the public road known as Great Bay Road. We are of the opinion that No. 32 Great Bay Road has the exclusive use of the said right-of-way and has enjoyed such exclusive use since the 17th day of April 1933. We are of the further opinion that the said eight-foot right-of-way does not service No. 34 Great Bay Road, the property of Jennifer (Lightbourne) Caines'.

"This letter, clearly noting senior lawyer Shirley D. Simmons' opinion, influenced the decision of the technical officers reviewing the application and permission was granted even though I submitted legal documentation to prove otherwise. In addition to this, I even received a letter from Ms Simmons threatening prosecution if I or any of my agents continued using the right-of-way."

Ms Simmons could not be reached for comment yesterday.

A number of incidents led the landowner to suspect "a possible conspiracy" was at work throughout the Planning process.

"When I realised that permission had been granted to the Foggo family without obtaining my consent, I complained directly to the former Director of Planning, Mr. Rudolph Hollis. I was informed that the Foggo family didn't need my consent even though I was the neighbouring property owner. This advice was in contrast to a form obtained from the Department of Planning. The 'Inadequate Submission' form clearly lists one requirement as 'neighbour consent' (referring to) all affected neighbours."

Mrs. Caines said she was stunned at the timing of an invitation to review additional information on the proposed building.

"I was invited by Diana L. Hawyluk of the Planning Department by letter, dated August 11, 2005 when (Mrs. Caines and her family were off the island), to visit the Department to review additional information submitted on the Foggo family's behalf (when) the information was actually submitted on August 22, 2005. Why was the invitation extended to me prior to the 22nd? Perhaps they were aware that I was off the island, especially since Ms Delores Binns was employed with the same travel agency that made our travel arrangements?

"I grew even more suspicious of a possible conspiracy when I noticed that the wording of a letter that I viewed on the Planning file, which I mentioned in my objection letter, had been altered. The letter from Ms Delores Binns to Mr. Russell Wade of the Department of Works and Engineering had previously stated that the Foggo family was unable to contact me, however a copy of the letter obtained form the file revealed that the wording was altered to read: 'I have been in contact with the owner of the property bordering the right of way, and she is interested in the impact this may have on her property."

A comment from Acting Director of Planning Brian Franklin further muddied the waters. According to Mrs. Caines, Mr. Franklin told Ombudsman Arlene Brock that a letter from Trott & Duncan "confirmed" that her property "was not serviced by this right-of-way".

"Both Mr. Franklin and Ms Brock, in their capacities, should have been aware that an opinion is not confirmation," Mrs. Caines added. "With this information and the blatant disregard for the Planning regulations and my property rights, I am convinced that permission was possibly granted because of Shirley D. Simmons' connections with the Progressive Labour Party, or the fact that she is a consultant at the same law firm which provides legal advice to the Government."

In light of her situation, the frustrated landowner posed several questions, which this newspaper forwarded to the Environment Ministry.

How did the inspector pass the laying out of the right-of-way if it was in dispute?

Why was Mr. Simon Chadderton dismissed soon after he revealed to Mrs. Caines that proper planning inspections had not been carried out on the project?

Why (did Planning not insist) consent was sought from Mrs. Caines for a wall over five feet in height which was built along Mrs. Caines' southern boundary in addition to an illegal wall which was also allowed to be built on part of the right-of-way?

Why was information from Mrs. Caines' surveyor, highlighting the deficiencies which was copied to the Planning Department, not acted upon?

Why has an occupancy permit been granted when all the conditions attached to the approval have not yet been met?

How can Government create a situation then tell the affected party that they have to settle the matter in court, creating a financial burden for the individual?

No response was received by press time.

Continued Mrs. Caines: "With 2007 being considered the 'Year of the Family', it has been a hell of a year for the Caines family. Why hasn't the same compassion that the Foggo family received from the Government been shown to me regarding the debt I have incurred which stemmed from inefficiencies on the part of Government officials?

"After the fire the Foggo family made a plea to the public for financial assistance and obviously received generous support which enabled them to rebuild a three-dwelling unit which is now occupied. Have they or the Government updated the public on the progress they have made with their project, especially after receiving so much publicity immediately after the fire?"