No, it’s not over yet. The Court of Appeal has halted the HTRIP Candy Resort at Liburd Hill , Nevis pending Anne Bass’ appeal of planning permission given the ever hopeful developer.
The Nevis Island Administration had given the green light to the developer of the HTRIP Candy Resort to construct a 17 building, 51 unit development .
A two year legal battle between Bass, the NIA, the Director of Physical Planning and the Hon Alexis Jeffers began in January 2016. Bass challenged the Director of Physical Planning decision to allow the construction of the Candy Resort on the environmental grounds,that the villa development is being constructed on lands abutting the coast at Long Haul Bay, Nevis.
In January of this year Justice Darshan Ramdhani dismissed Bass’s cases. In Ramdhani decision he noted the court was satisfied that no reasonable decision maker would have relied on the Environmental Impact Assessment presented but dismissed the case on the grounds that “the court is satisfied that it is entitled in this case to revisit the issue of delay, and on this issue the court considers that the delay is substantial and cannot be attributed to the respondent”.
Bass has since appealed the High Court’s decision that she did not file her case challenging the grant of planning permission soon enough after the project was approved. Bass’ appeal seeks to upset the trial judge’s decision that there was an unreasonable delay in the filing of her judicial review action and the resulting decision that she is to pay costs of the other parties.
The Observer was informed that by her application to the Court of Appeal, Bass was seeking to continue the injunction orders preventing all construction activities at, and staying planning permission for, the Candy Development until her appeal is determined. Her application was granted on March 27, 2018.
“The Court of Appeal granted the application for a stay of planning permission of the Candy Resort until her (Bass) appeal is determined, an application that was vigorously challenged by the NIA and the developer. The Court of Appeal also awarded Mrs. Bass costs for her efforts to pursue the stay.
Mrs. Bass has stated that she will exhaust all legal remedies to pursue this environmental protection case, which she considers a matter of great public interest that could set a historic precedent with consequences that would accrue over time to the great benefit of all Nevisians,” a release states.