(CMR) Cayman's National Conservation Council is seeking the court's intervention after the Central Planning Authority granted approval for a project to rebuild a cabana and seawall on Boggy Sand Road despite the Council's recommendation that the project not be allowed.
The matter is expected to be heard before the courts early next year after Justice Ramsay-Hale determined there were sufficient grounds for a judicial review to proceed.
CMR has learned that the development by Cayman Property Investments Ltd has been temporarily put on hold pending the legal proceedings between the government entities.
The Council had advised that approval for the project be refused as the project could have a negative impact on the protected Seven Mile Beach marine park. However, the Authority has undermined the power of the Council, indicating that it was not legally obligated to follow the directives as the power delegated by the Council to the Department of Environment was invalid.
The National Conservation Council is now seeking a ruling from the court that the delegation of its power to the Department of Environment was valid and permission for the project to be retracted.
When the case was brought before the court on 16 November, Kate McClymont of Broadhurst LLC appeared on behalf of the Council, Ian Paget-Brown QC appeared for the Authority, and Tom Lowe QC appeared for the developer.
While some directives cannot be delegated, the Council said that was not the case in this instance. In addition, all entities except Cabinet must seek the approval of the Council before granting permission or license to could affect a protected area. By law, the Council can direct the Authority to refuse an application if the possible impacts are not reduced.