The Land Development Control Committee recently refused planning permission for a waste to energy project at Corito, stating that the emissions would be dangerous and a health hazard.
The Government has now appealed that decision as shown in the following Executive Council’s Minutes dated Tuesday, October 28, 2014:
EX MIN 14/687 – EX MEM 14/396 PROCEDURE FOR GGII’S APPEAL AGAINST REFUSAL OF PLANNING PERMISSION FOR A WASTE TO ENERGY PLANT
Parliamentary Secretary and PA to the Hon CM/Finance remained in attendance.
In EX MIN 14/676 of 23rd October 2014, Council agreed to defer the matter until the Hon Minister of Lands was present.
Council agreed HE the Governor should write to representatives of the LDCC and GGII on 28th October 2014 outlining the proposed procedure for the appeal as indicated below:-
PROCEDURE FOR AN APPEAL UNDER SECTION 7 OF THE LAND CONTROL (DEVELOPMENT) ACT
‘Parties’ means the ‘Appellant’, namely GGII, and the Land Development Control Committee (LDCC).
‘Documentary material’ includes any written evidence, statements, affidavits, photographs, plans, scientific or other expert reports, environmental impact assessments, correspondence and any other written material.
‘Submissions’ is a document which summarises the party’s factual and/or legal arguments as to their position and refers to the documentary material on which they rely.
Before the hearing
(i) Each party may provide written submissions and any documentary material in support of their position to the Clerk to Executive Council (EXCO) and the other party by 4pm on 4 November 2014. Six copies of the same are to be provided.
(ii) Each party shall be entitled to collate and provide documentary material which represents expert opinion and the views of the public which may be affected by the decision such as local residents, businesses, community or environmental groups, companies and organisations.
(iii) The minutes and decision of the LDCC and minutes and notes of the town hall meetings and round table meetings will also be available to EXCO for consideration.
During the hearing
(iv) EXCO so long as it is properly constituted under law, shall hear the appeal.
(v) The hearing shall take place on Monday 10 November 2014 at 2pm.
(vi) Each party may be represented by a maximum of five representatives, whether legally
qualified or not, who shall have the right to attend the hearing of the appeal.
(vii) The hearing will be chaired by Her Excellency the Governor.
(viii) The oral submissions of each party will be audio-recorded.
(ix) All telecommunications equipment shall be switched off throughout the hearing.
(x) The Chairperson will indicate the order in which the parties are to be heard except that the Appellant shall have the right to make oral submissions first and have a right of reply after the LDCC has made submissions.
(xi) Oral submissions may be made by no more than two representatives of each party. The time allowed in total for all oral submissions on behalf of each party is limited to a maximum duration of 30 minutes.
(xii) In addition, the Appellant shall have the right to make oral submissions in reply but these shall be limited to a total maximum of 15 minutes.
(xiii) At the conclusion of oral submissions by each party, the Chairperson may ask questions of representatives to clarify any point raised either by the oral or written submissions provided by that party. The Chairperson shall have the right to invite the parties to leave the room while consulting EXCO as to any questions the Chairperson may then ask of the parties.
(xiv) The representatives of each party must retire from the hearing room at the conclusion of oral submissions and questions.
(xv) EXCO will deliberate in private.
After the hearing
(xvi) The decision of Executive Council, together with its reasons will be communicated in writing to the parties.
Council additionally agreed that any comments or suggestions concerning the proposed procedure should be sent to HE the Governor by 4 pm on Thursday 30th October 2014 and that an oral hearing be scheduled for Monday 10th November at 2 pm at the Executive Council Chambers.
Action: EXCO MEMBERS
