Updated: May 8, 2021
On May 3, 2021, the Court of Appeal handed down its unanimous judgment dismissing the appeal brought by Eric LeVin and others challenging the ruling of the Honourable Chief Justice handed down in the Autumn of 2020. The Appellants initially brought judicial review proceedings before the Supreme Court and subsequently the Court of Appeal as they were aggrieved by the decision to grant Outline Development Permission brought by the Interested Party, “The Yard Limited”.
The application and grant was for the development of a $23 million six-story full service hotel with 87 rooms and infrastructural amenities to be built on parcel 60801/76 in the Lower Bight, Providenciales. The Appellants did not succeed in either Court. The Honorable Minister Akierra Mary Deanne Missick congratulated the Planning team for continuing to adhere to the Planning Laws that guide the sustainable development of the Country. This in turn brings about development that is beneficial to residents and visitors alike. The Honorable Minister acknowledges that there is much work to be done in updating the Physical Planning Ordinance in the near future, but noted that at this time she is pleased with the team and thanked them for their hard work and dedication.
Commenting on the outcome of the appeal, Director of Planning, Mr. Danier Lightbourne said, “Congratulations to our Planning Team on our victory. It was a long battle; however, I had complete faith in our team and was confident that the procedures followed were in accordance with the Physical Planning Ordinance and Regulations. Finally, it would be remiss of me if I did not mention the excellent representation of the legal team.”
The Appellants were Eric John LeVin, Daniel Joseph LeVin and The Proprietors, Strata Plan No. 84 all of whom were represented by Mr. Jonathan Katan QC of Miller Simons O’Sullivan Attorneys in Providenciales.
The Respondents were the Director of Planning, the Physical Planning Board, the Cabinet of the Turks and Caicos and HE, the Governor of the Turks and Caicos Islands, all of whom were represented by Senior Crown Counsel Libby Charlton de Rotte of the Attorney General’s Chambers, Grand Turk.
The Interested Party also made arguments in both Courts was represented by Mr. Conrad Griffiths QC of Griffiths & Partners Attorneys also based in Providenciales.
The Court of Appeal unanimously found that the Outline Development Permission that was the focus of the judicial review proceedings was “valid on its face and having regard to all the surrounding circumstances nothing expressed therein reflects an unlawful decision of the Cabinet (the Governor in Cabinet) or the Physical Planning Board and there is nothing to challenge the valid use of the s. 39(2) procedure.” In light of this and other findings, the appeal was dismissed in its entirety and parties are to make submissions as to costs.