The Central Planning Authority will be appealing the Grand Court ruling which affirmed that the National Conservation Council has the power to direct the planning board to turn down applications in designated protected areas or critical habitats.
The CPA, in a special meeting last Tuesday – the minutes of which were posted to its website, resolved to appeal acting Justice Alistair Walters’s decision in the case brought against the planning board by the NCC.
NCC chairman McFarlane Conolly, in response to Cayman Compass queries on this latest development, said, the Council became aware through the media, that it is the CPA’s intention to appeal the recent Judicial Review ruling.
“While we are disappointed that the clarity provided by the ruling has not been accepted by the CPA, we remain confident that the NCC has acted in accordance with the provisions of the National Conservation Act… The NCA has, as its general objective, the balance between economic and social needs and the natural environment. We await further details on the specific grounds of the CPA’s appeal,” Conolly said in the brief statement Monday afternoon.
The court action by the NCC followed a decision by the planning board to approve an application in September last year to rebuild a seawall and cabana on Boggy Sand Road in West Bay, despite a direction from the NCC to reject the application.
The Department of Environment, under delegated authority from the NCC, had directed the Central Planning Authority not to approve the application by Cayman Property Investments Ltd., on the grounds of the expected detrimental impact on the protected marine environment and the beach.
Walters, in his decision, quashed the planning approval.
The CPA, in its meeting, noted that Planning Director Haroon Pandohie received confirmation from Planning Ministry Chief Officer Eric Bush that “there was sufficient funding” available for the appeal “if the CPA was so minded”.
The board resolved to appeal the decision.
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How is it the place of the CPA to use public funds to appeal a high court ruling against this development? In this climate and economy public money should be put to use in benefit of the public, not a beaurocratic p***ing contest with the NCC and DoE.
I agree. Seems like a developer’s paradise to me. Who is really benefiting from this fight? Not the average Cayamianian! So tired of this fight between those with the drooling wants and the money and our natural environment and heritage. It’s time to stop. Really sick and tired. I do not care if it is politically incorrect to post or not. Just really sick and tired of fighting our own Caymanians to preserve enough of piece of the pie for us. Stop it now. Who is it for?