The Tribune

EDITOR, The Tribune.

Appointment of the Chairman of Town Planning Committee to Subdivision and Development Appeal Board – an apparent conflict of interest.

Please permit me to share a brief observation on the recently appointed Subdivision and Development Appeal Board.

I note that the Chairman of the Town Planning Committee has been appointed a member of the Subdivision and Development Appeal Board.

Under the Planning and Subdivision Act 2010, the Subdivision and Development Appeal Board is the body to which an appeal shall lie from decisions made by the Town Planning Committee and the responsible Minister.

It would seem to be a conflict of interest and a breach of natural justice to have the Chairman of Town Planning Committee sitting in a position to hear appeals from a body to which he acts as Chairperson and in all likelihood participated in decisions or matters being referred to the appeal board for review.

Even if the chairman of the town planning committee recuses himself from hearing matters emanating from the Town Planning Committee it provides me no comfort. The damage could be seen to be done simply by his presence on the appeal board.

And if he is to recuse himself on all matters relative to town planning decisions, how much time will he actually participate in hearings given that the vast majority of appeals, I suspect, will probably relate to matters connected with town planning decisions and land use and zoning decisions.

It is already discomforting that the Minister participates in the selection of members to the appeal board which hears appeals from decisions made by the very same minister.

Parties are entitled to expect that their dispute will be heard by a fair and independent appeal tribunal and by placing the Chairman of the town planning on the subdivision appeals board this sacred and fundamental principle of justice could be taken to have been violated.

The Chairman of the Town Planning Committee should not be given the opportunity (apparent or otherwise) to adjudicate on the correctness and or fairness of his own decision or that of a committee which he chairs.

Furthermore, the chairman of the town planning committee membership on the appeals board is not necessary for the appeal board to render an informed and creditable decision.

All things considered, the interest and objectivity of the subdivision appeal board would be better served if the Chairman of the Town Planning Committee plays no part in hearing appeals brought before the Subdivision and Development Appeals Board.

CLAUDE B HANNA

Nassau,

May 3, 2022.