Anne Bass may have lost her lengthy challenge in court to the HTRIP Candy Resort being built on Nevis at Liburd, but her lawyer says she may be down but not out for the count, choosing to appeal the decision until she can appeal no more. As for the development, its construction can continue.
On January 25, 2018 Justice Darshan Ramdhani dismissed the case between Anne Bass and the Director of Physical Planning, Development Advisory Committee, and the intervening party Caribbean Development Consultant Limited. Bass was ordered to pay the three named parties for their loses as well as court costs.
In June 2017 , the High Court granted Anne Bass’ application for judicial review to quash the decision by the planning director granting permission to Caribbean Development Consultant Ltd to construct a 17 building, 51 unit development.
The Observer contacted Talibah Byron attorney representing Candy Resort who said that “this was a judicial review case. A judicial review is when someone is asking the court to review a decision that has been made by a public authority public body. And in reviewing it looking at certain things, looking for illegality of the decision or maybe if the decision it was irrational. She (Bass) was asking to look at the planning permission granted to Candy to build on the land.”
Bass first filed a lawsuit against the Director of the Physical Panning and the Development Advisory Committee at the High Court in Nevis in 2016. The lawsuit claimed the approval process for the construction of the HTRIP Candy Resort Villa Development did not follow Nevis’ physical planning laws or comply with national and international environmental laws. This included the United Nations Convention on Biological Diversity and the Cartagena Convention – and it seriously threatens sensitive environmental areas.
Byron explained that Bass can appeal within the deadline. “This was a High Court decision so this is like the first level. She can go up to the Privy Council if she wants to. The question is she would have to have grounds for her appeal. She needs to have a reason why her case should move forward and it has to be done in a certain amount of days,” Bryon said.
When questioned if Candy Resort can continue construction she said that now there is nothing stopping them. “They can continue, there is nothing hanging over them now. They stopped while this thing was ongoing but now that the case has been dismissed there is absolutely nothing stopping them. The planning permission that was granted to them, that decision stands so they can act on that planning permission and continue,” she said.
On April 17, 2015, HTRIP Candy Resort Villa Development broke ground signaling the start of construction. The US $20 million was schedule to be completed by December 2016 prior to the court case.