2025
5 February 2025 – Bon Crepe Road
THE KING (On the application of THE NATIONAL CONSERVATION COUNCIL) – Applicant
-and-
(1) THE CENTRAL PLANNING AUTHORITY
(2) THE DIRECTOR, DEPARTMENT OF PLANNING OF THE CAYMAN ISLANDS GOVERNMENT
Respondents
-and-
BON CREPE LTD
Interested Party
Judicial review—unlawful grant of planning permission—whether judicial review to be dismissed as academic—whether decision to modify permission amounts to revocation—whether planning authority has power to revoke retrospective planning permission—whether planning permission should be quashed
2024
22 May 2024 – APPEAL TO PRIVY COUNCIL – Boggy Sands Sea Wall
THE CENTRAL PLANNING AUTHORITY – Appellant
-and-
THE NATIONAL CONSERVATION COUNCIL – Respondent
-and-
CAYMAN PROPERTY INVESTMENT LTD – Interested Party
2023
1 September 2023 – CICA APPEAL – Boggy Sands Sea Wall
THE CENTRAL PLANNING AUTHORITY – Appellant
-and-
THE NATIONAL CONSERVATION COUNCIL – Respondent
-and-
CAYMAN PROPERTY INVESTMENT LTD – Interested Party
This appeal is concerned with the relationship between the duties of the National Conservation
Council (“the NCC”) in relation to protection of the environment under the National Conservation Act 2013 (“the NCA”) and the responsibilities of the Central Planning Authority (“the CPA”) in relation to the determination of applications for planning permission under the Development and Planning Act (2021 Revision) (“the DPA”). That relationship and the way the NCC’s statutory responsibilities are to be integrated with the CPA’s planning decisions are contained in section 41 of the NCA.
2022
23 August 2022 – Boggy Sands Sea Wall
THE QUEEN (On the application of THE NATIONAL CONSERVATION COUNCIL) – Applicant
-and-
THE CENTRAL PLANNING AUTHORITY – Respondent
-and-
CAYMAN PROPERTY INVESTMENT LTD – Interested Party
Judicial review—Sections 3 and 41 of the National Conservation Act. Intention of Parliament when enacting the NCA. Power of the NCC to delegate its functions under s41. Power of the NCC to delegate those functions to the Director of the Department of Environment. Extent to which Government entities have any discretion under s41(4) as to whether to apply to the NCC prior to taking any action that may have an adverse effect on the environment. Meaning of “direct” in s41(5).
JR Against NCC Permission for MRCU to Release Genetically Modified Oxitec Mosquitos
1 August, 2016 – Application to apply for Judicial Review
Found in favour of the National Conservation Council
Dwene Ebanks – Applicant
-and-
THE DEPARTMENT OF ENVIRONMENT – Respondent
-and-
THE NATIONAL CONSERVATION COUNCIL – Second Respondent
Judicial review— Illegality, Irrationality, Failure to provide prior consultation regarding NCC decision to release Genetically modified mosquitos.
26 July, 2016 – Application for a Stay pending consideration for an Appeal
Found in favour of the National Conservation Council
Dwene Ebanks – Applicant
-and-
THE DEPARTMENT OF ENVIRONMENT – Respondent
-and-
THE NATIONAL CONSERVATION COUNCIL – Second Respondent