The Tribune

By YOURI KEMP

Tribune Business Reporter

ykemp@tribunemedia.net

A Cabinet minister yesterday pledged that the newly-appointed planning appeals Board will not serve as “a rubber stamp” for any government or Town Planning Committee decisions.

Alfred Sears, minister for works, speaking at the unveiling of the Subdivision and Development Appeal Board (SDAB), said it will not interfere with, or intervene in, prior planning decisions without cause or proper consultation with persons impacted by potential development.

Mr Sears said: “I have appeared before the Board, and I can tell you that this board and the incoming chairman would not be a rubber stamp. But I wouldn’t use the word ‘rubber stamp’ in relation to this process from my personal experience.

“The Board has been very judicious, and I’m not getting this second hand. It’s as an advocate when I appeared before the Board. Every courtesy was extended, and there was a careful attention to the submissions. I made written submissions and oral submissions, and determination was made, and I have no reason - I would reject any assertion or allegation - of rubber stamp.”

Mr Sears recalled: “One case I appeared in, a developer wanted to build condominium complex on West Bay Street. A determination was made for a rejection in part, and an approval in part, and a rejection could be that the zoning of the area is for single storey, single family dwellings. The application may be an application for a multi-family dwelling, and the applicant may challenge - as was done in that case - that when one looks, first of all, the zoning did not prohibit it.

“There were no restrictive covenants in the conveyance, or one may argue that the development within the immediate area was consistent with what the applicant proposes to do, and ask that there would be review and a variation on the determination that the town planning committee.

“So the issues related to zoning issues, related to the environment and here, there are standards applied. You look at the conveyance, you look at the zoning, and the environment and, of course, the law requires that there also be public hearings. The residents within that area will have an opportunity to weigh in and indicate any objections that they may have, and all of these are some of the factors that would be considered in a judicial manner by the board and a determination made,” the minister added.

“The board will also have the benefit of the record of the Town Planning Committee meeting, the various zoning ordinances related to the specific area, the application that had been made, as well as the record of the hearing that would have taken place by the Town Planning Committee.

“So as an appellate body, it has a record and it will review the record. It will then invite the aggrieved applicant to come in to give them a hearing, have the representative from the ministry give any background information, and hear both sides, which is what is done in any judicial hearing.”

Dawson Malone, the Callenders & Co attorney and partner, will chair a Board whose primary function is to adjudicate appeals of Town Planning Committee decisions. An Abaco native, who was living in Grand Bahama at the time Hurricane Dorian struck both islands in 2019, said “proper planning and development” is important to him.

Mr Sears said there are several developments that have sought to appeal planning decisions, which the Appeals Board will have to evaluate. However, none of those appeals involves the Beyond Da Village Pig Experience, whose bid for approvals was recently rejected by the Town Planning Committee. Charles Zonicle, the Department of Physical Planning’s director, confirmed no appeal had been submitted over this project.