No to nursery

A lawyer is advising homeowners who want to turn their properties into a business to get the neighbours on their side first.

The warning came from Queen’s Counsel Clement Lashley after the High Court blocked a decision by the Chief Town Planner to allow a residence to be converted into a day care nursery in Valley View, St George.

Eleven property owners filed suit against the Chief Town Planner (CTP) and the Attorney General, claiming that the decision by the Town and Country Planning Department (TCPD) to give permission for a change of use of the house was unlawful; was arrived at unfairly and was irrational. They also claimed that they had a legitimate expectation to be consulted and, having not been consulted, that rendered the process unfair.

“The court holds that the process followed by the first respondent [CTP] was indeed flawed and thus unfair. By no means is the court saying that the decision is incorrect, but it must be arrived at by a fair and transparent process where there is evidence of actual consideration.

“This would be reflective of good public administration and would allow citizens to adequately participate in the administrative process,” Justice Jacqueline Cornelius said in a recent decision.

Please read the full story in today’s Sunday Sun, or in the eNATION edition.