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Turks and Caicos Litigation: Anspach and Others - V - Minister for Planning and Oceanpoint

Robert McCracken QC
Hereward Phillpot QC
Alexander Booth QC

Judgement has now been given in Anspach & Others v Minister of Planning CL 22/06 by the Chief Justice of the Turks and Caicos Islands. He has upheld the challenge, which was brought against a decision of the Chief Minister and Minister of Planning of the Islands, Mr Michael Misick, to grant planning permission for a seven storey hotel and condominium development on a site adjacent to a protected marine reserve.

The challenge was brought by concerned local residents, who owned property in the vicinity of the development site. They were represented by Robert McCracken QC and Alexander Booth at a five day hearing, which involved extensive consideration of the court's jurisdiction to entertain a judicial review challenge to a decision of the Minister. The Interested Party, which sought to uphold the grants of planning permission, was represented by Keith Lindblom QC and Hereward Phillpot.

In granting the application and quashing the planning permissions, the Chief Justice ruled that determinations of planning appeals by the Minister were indeed decisions open to legal challenge. Such ruling may have far-reaching consequences for future planning litigation in the Islands.