MARCH 25TH, 2017 – APRIL 1ST, 2017
VOLUME 13 - NO. 12
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12-STOREY APPEAL TO PRIVY COUNCIL by Hayden Boyce Publisher & Editor-in-Chief
T
he controversial issue of whether the construction of 12-storey buildings should be allowed in the Turks and Caicos Islands, is heading to the Privy Council in the United Kingdom (UK). The SUN can confirm that a notice of motion seeking leave to appeal to the Privy Council was filed by Griffiths and Partners, the lawyers for Tuscany Strata Corp. and The Venetian Strata Corp., who are opposed to the 12-storey development in the Turks and Caicos Islands. In February 2017, the Turks and Caicos Islands Court of Appeal dismissed an appeal brought by the developers who had challenged Chief Justice Margaret Ramsay-Hale’s decision to dismiss their judicial review into Turks and Caicos Islands Government’s decision to raise the building height and density in the Turks and Caicos Islands. After the Court of Appeal dismissed the appeal, the Tuscany and The Venetian had 21 days within which to give notice of their intention to appeal. That time-frame expired before the Court of Appeal’s written reasons were delivered on March 17th, 2017. In their appeal, the two companies contended that the Chief Justice erred in law and fact in concluding there had been adequate consultation with respect to the 2016 changes to the Development Manual to permit increases in height from 7 to 12 storeys and also density increases and that she she erred in law and fact in concluding that the environmental protections of section 18 of the Constitution had been met. Elliott Mottley, QC, President of the Court of Appeal, who wrote the decision, stated: “I agree with the Chief Justice in her conclusion that whether the decision to adopt the proposal was the right one and whether 12 storey developments will in fact enhance the Turks and Caicos Islands tourism product and grow the economy are questions on the merit of the decision. I also accept that these are issues of policy which fall outside the ambit of judicial review. The case is concerned only with the process by which the decision was reached and not with whether the prospective gains
FLOW CARIFTA Games set for April 15-17th, 2017
F
LOW in partnership with the TCAAA has officially announced the 2017 National Track & Field Team that will be participating in the FLOW Carifta Games 2017 on April 15-17th. The team was announced by President of the Turks and Caicos Islands Amateur Athletic Association (TCAAA), Edith Skippings at a press conference held at Flow headquarters in Providenciales on justify a change in policy as such a question is for the policy makers, and not the Court. This Court cannot concern itself with the issue whether the Government’s policy to increase the height of the building or the density of bedrooms per acre is the correct policy. I accept that the issue of whether this is the correct policy is not for the Court but is one for the Executive, and, as was pointed out by the Privy Council” TIME FOR CONSULATION WAS ADEQUATE The Court of Appeal president added: “I accept counsel’s submission that adequate time for consideration and response has to be viewed in the
Thursday March 23rd, 2017. The 18 team members to participate in this year’s CARIFTA Games are: Ken Reyes, Amard Hilaire, Wikenson Fenelon, Colby Jennings, lavardo Campbell, Emanuel Agenor, Reyneldo Germain, Junior Paul, Tremaine Missick, Latrell Saunders, Akia Guerrier, Helcyann Sauver, Sanadia Forbes, Deajah Smith, Evnisha Sainvertu, Zoe Butler, Rebecca
Bernadin and Roshanna Grey. Pictured here in this photograph is President of the Turks and Caicos Islands Amateur Athletic Association (TCAAA), Edith Skippings, Marketing Communications Executive for FLOW TCI, Darron Hilaire and Randy Ford Head Coach for the 2017 National Team and some of the National Track & Field Team.
context of what is being proposed. I do not however accept that the proposal which was said to radically alter height and density requirements would irreversibly change the character of Grace Bay. He said that the operative factors included environmental impact issues and economic impact issues both for and against the proposal. However, I do not accept counsel’s submission that a mere 7 days’ response was insufficient and was unprecedented and a clear error of law and fact. I am of the view that, in the circumstances of the case, the Chief Justice was correct in holding that the time limited for consultation was adequate. “ The Court of Appeal noted that complaint was made that the
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Chief Justice failed to address the submissions of the Appellants that (i) this exercise was being conducted in the absence of a national development plan and (ii) TCIG had had no environmental evidence to weigh in the decision making process, and that such evidence could only come from a strategic environmental impact assessment prior to the decision being weighed. Justice Mottley said he does not accept this complaint. According to the judgment, Conrad Griffith, QC, argued that the Minister of Infrastructure is under a dual duty to: (i) secure the development and operation of a comprehensive and consistent planning policy for the Islands; and (ii) discharge that duty in accordance with a development plan. Continued on Page 2
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