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Cayman: National Conservation Council v the Central Planning Authority

From CENTRAL PLANNING AUTHORITY

George Town, Grand Cayman – 16 October, 2024

The case being brought by the National Conservation Council against the Central Planning Authority, which is before the Grand Court today, concerns an application for after-the-fact planning permission for construction of a road through land in East End that is home to Cayman’s blue iguana.

After-the-fact planning permission was initially granted by the Central Planning Authority on 13 February 2024, subject to conditions to protect the blue iguana population, but due to concerns raised by the National Conservation Council, on 10 April 2024, the Central Planning Authority agreed to revise its earlier decision. The Central Planning Authority adjourned the planning application pending an appeal to the Cabinet by the landowner of an Interim Directive issued by the National Conservation Council in 2023, designating the area as critical habitat for blue iguanas. The Central Planning Authority has ensured that in the meantime the blue iguana population is fully protected by imposing conditions that the roads are not to be used for motorised vehicles or mechanical activity.

By its application for judicial review, the National Conservation Council asks the Court to quash the Central Planning Authority’s decisions taken in February and April 2024. If the judicial review succeeds, the landowner’s planning permission will have to be reconsidered and the conditions protecting the blue iguana will fall away. The Central Planning Authority is therefore arguing that the judicial review serves no practical purpose and would only serve to reduce the environmental protections currently in place. The Central Planning Authority also submits that its decision to adjourn the planning application was lawful. It therefore is asking the Grand Court to dismiss the application for judicial review.

The Chairman of the CPA said: “The Central Planning Authority believes that it has acted lawfully and appropriately, balancing the interests of the landowner with the interests of the environment, and seeking to meet the concerns of the National Conservation Council by revisiting its initial decision.”

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