Posted as a comment to the A Legal Challenge to the HYATT HOTEL is Looming by DAVID COMISSIONG
My further reading of the relevant statutory instruments has confirmed that the Chief Town Planner is OBLIGATED to refer an application for planning permission that relates to beachfront property on the coast of Barbados to the relevant Minister of Government— the Prime Minister— for his decision. Thus, even though Maloney”s / Visions Develop Inc’s application may have been addressed to the Chief Town Planner, it is Prime Minister Stuart who has to consider it and make the decision.
The Town and Country Planning Act also stipulates that in so doing, Stuart HAS to refer to the country’s Physical Development Plan and to any other material or relevant circumstance.
The problem is though that the Physical Development Plan was last amended in 2003, and this “new” 2003 Plan was ratified in or about 2008— even though the Town and Country Planning Act stipulates that the Chief Town Planner HAS to carry out a survey of the Island at least once every 5 years, and HAS to submit a Report and any recommendations or proposals for amendment or additions to the Physical Development Plan to the Minister (the Prime Minister). The current and operative Barbados Physical Development Plan is thus a 2003 Plan !
In 2011, some 8 years after the current Physical Development Plan was established, the City of Bridgetown was designated a UNESCO world heritage site!
How is Stuart going to carry out his statutory duty with an outdated Physical Development Plan that has not factored in the UNESCO designation?
I have drafted a letter about all this to Stuart and will be delivering it to him tomorrow.