BAHAMAS Law and Practice Contributed by: Alistair Chisnall and Erica Paine, Graham Thompson
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 special exemptions, concessions or incentives 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 statutory corporations and, at the time of applying for acquisition and develop - ment approvals, might seek approval-in-princi - ple from the NEC/BIA for the right to enter into such agreements. 4.7 Enforcement of Restrictions on Development and Designated Use The failure to adhere to and observe restric - tions on development and designated use may result in fines under the P&S Act. The minister responsible for the environment has certain stat - utory powers to access and inspect premises to ensure that such matters are complied with,
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