CAYMAN ISLANDS Law and Practice Contributed by: Norman Klein and Adam Johnson, Appleby
Planning permission may be refused or granted unconditionally, or it can be subject to such con - ditions as the relevant authority deems fit. The Central Planning Authority for Grand Cay - man and the Development Control Board for the sister islands are responsible for reviewing and considering applications to obtain planning per - mission. The Director of Planning is empowered to take enforcement action where necessary. A record of all grants of planning permission, modifications, revocations and conditions attached to planning permission relating to Grand Cayman is maintained by the Central Planning Authority; a record of those relating to the sister islands, Cayman Brac and Little Cay - man, is kept by the Development Control Board. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Planning permission is required for any proposed development or a material change in use of any building or land. However, planning permission will not be necessary if certain exclusions apply – for example, if the works are carried out for maintenance, improvement or other alteration and affect only the interior of the building or do not materially affect the external appearance of the building. A permit is also required under the Building Code Regulations before construction or a change to a building or structure is carried out, or before any work that requires planning permission takes place. All such works must be carried out in the manner authorised by the permit. 4.3 Regulatory Authorities Responsibility for the regulation of development and the designated use of individual parcels lays
with the Central Planning Authority for Grand Cayman and with the Development Control Board for the sister islands. 4.4 Obtaining Entitlements to Develop a New Project Third parties that own land within a radius of 1,000 feet will receive notice of applications for the approval of larger developments (including places of public assembly, gas stations, clubs, restaurants, bars, cinemas and other similar establishments), and may lodge their objections with the Central Planning Authority (or the Devel - opment Control Board for the sister islands). For all other applications for planning permis - sion, only adjacent owners will receive notice of an application and are able to make objections to it. Those property owners who are entitled to receive notice and who have objected may appeal to a tribunal against a decision on the grounds that it is erroneous in law, unreasonable, contrary to the principles of natural justice, or not in accordance with the Development Plan. 4.5 Right of Appeal Against an Authority’s Decision Any person who has applied for planning per - mission (or who has objected to an application for planning permission) may appeal against that decision to a tribunal, within 14 days of notifica - tion of the decision. Any person aggrieved by the decision of the tribunal may appeal to the Grand Court. If aggrieved by the decision of the Grand Court, an appeal may be made to the Court of Appeal, whose decision will be final and binding upon the affected parties.
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