BAHAMAS Law and Practice Contributed by: Alistair Chisnall and Erica Paine, Graham Thompson
Rights of Third Parties and Challenges Interested third parties have the right to attend the public hearing and express their views (whether in support or opposition). Upon request, an interested third party may have the Department of Physical Plan - ning make any application available for public review during normal business hours. An interested third party may – in support of or opposition to a develop - ment application – tender written submissions to the department prior to a public hearing, or make oral or written submissions to the Committee at a public hearing. The decision of the Town Planning Committee under the P&S Act is final and binding, unless it is appealed to the Subdivision and Development Appeal Board (“Appeal Board”) within 21 days after making the deci - sion. A party aggrieved by a decision of the Committee may appeal to the Appeal Board, including against any decisions by the Committee relating to a develop - ment application including the Committee’s decision to extinguish the effect of a restrictive covenant. The right of appeal lies not only with the applicant but also with any person who has an interest in the matter. An appeal to the Appeal Board must be conducted in accordance with the relevant regulations (the Subdi - vision and Development Appeal Board Rules, 2011). No development or building may proceed on any land that is the subject of an appeal to the Appeal Board. The decision of the Appeal Board is final and binding, unless an appeal is made to the Supreme Court within 21 days of the decision being reached. An appeal to the Supreme Court may only be based upon a point of law, and not on any matter of fact or the merits of any decision by the Appeal Board. Enforcement It is worth noting that, in recent years, non-compliance with the requirements and procedures set forth in the P&S Act and regulations, and procedural impropriety, have become the grounds for a number of successful judicial review actions, some of which have been ulti - mately appealed to the Privy Council (at considerable cost). With that in mind, a developer would be well-
• the Water and Sewerage Corporation, a statutory corporation responsible for the management of the country’s water resources. 4.2 Development Process, Challenges and Enforcement Development Process and Governmental Agreements All applications relating to the development of proper - ties in a zoned area are to be submitted to the Direc - tor of the Town Planning Committee and must be in the form stipulated in the Planning and Subdivision Act (Application Requirements) Regulations, 2011. An applicant must also post “Development Application Signs” and give notice of the pending development application in accordance with the Planning and Sub - division Act (Public Notice) Regulations, 2011. The Town Planning Committee then holds public hear - ings to engage public consultation on development projects, and provides notice of such meetings. Within seven days of its eventual decision, the Committee must give written notice of such to the applicant and each person who made a written request to be noti - fied. In reply to an application (eg, for site plan control), the Committee may then grant a Preliminary Support of Application, with such conditions or amendments as deemed appropriate. A purchaser or developer intending to carry out a major development project will often enter into written and signed “Heads of Agreement” with The Bahamas government to agree and confirm approved uses, per - mitted development plans and related matters (which may include a range of additional licences, permits, consents or sub-approvals that are necessary to facilitate the successful acquisition, development and management of the project, and which may also include special exemptions, concessions or incen - tives to be granted to the developer under the Hotels Encouragement Act, 1954 or otherwise). Developers of major projects may also need to secure utility franchise agreements from the local utility stat - utory corporations and, at the time of applying for acquisition and development approvals, might seek approval-in-principle from the NEC/BIA for the right to enter into such agreements.
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