THE BAHAMAS Law and Practice Contributed by: Alistair Chisnall and Erica Paine, Graham Thompson
and provides notice of such meetings. Within seven days of its eventual decision, the Com - mittee must give written notice of such to the applicant and each person who made a written request to be notified. 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. Rights of Third Parties 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 Depart - ment of Physical Planning make any applica - tion available for public review during normal business hours. An interested third party may – in support of or opposition to a development 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. 4.5 Right of Appeal Against an Authority’s Decision 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 decision. A party aggrieved by a decision of the Commit - tee may appeal to the Appeal Board, including against any decisions by the Committee relat - ing to a development 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 per - son who has an interest in the matter.
An appeal to the Appeal Board must be con - ducted in accordance with the relevant regula - tions (the Subdivision 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 deci - sion by the Appeal Board. It is worth noting that, in recent years, non-com - pliance with the requirements and procedures set forth in the P&S Act and regulations, and pro - cedural impropriety, have become the grounds for a number of successful judicial review actions, some of which have been ultimately appealed to the Privy Council (at considerable cost). With that in mind, a developer would be well-served to ensure that careful regard is given to the process and requirements of the P&S Act, to safeguard themselves against the potential risk of opponents to the development later find - ing a foothold for overturning approvals that may have been hard-sought. 4.6 Agreements With Local or Governmental Authorities 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, permitted development plans and related matters (which may include a range of additional licences, permits, consents or sub- approvals that are necessary to facilitate the suc - cessful acquisition, development and manage - ment of the project, and which may also include
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