Magistrate Marrast-Victor appointed chair of Physical Planning Appeals Tribunal

by Linda Straker

• Appeals Tribunal mandated in 2016 Physical Planning and Development Control legislation
• Other members published in the 22 April 2022 Gazette
• Each member appointed for 3 years

On 1 March 2022, Magistrate Kinna Marrast-Victor was appointed chairperson of the Appeals Tribunal of the Physical Planning and Development Control Authority. This is a provision mandated in the 2016 Physical Planning and Development Control legislation.

The other members of the Appeals Tribunal as published in the 22 April 2022 Gazette are Phillip David, Daniel Lalgie, Winston Gabriel, and Edward Niles. Each member, according to the law, is appointed for 3 years.

The purpose of the appeals tribunal is to hear and determine appeals referred to it under the legislation. The decisions of the Tribunal shall be by a majority of votes of members present and voting, and in addition to an original vote, the Chairperson shall have a second or casting vote in any case in which the voting is equal.

According to legislation, any member of the Tribunal who is in any way directly or indirectly interested in a matter coming before the Tribunal, “shall declare the nature of his or her interest inthe matter as soon as it is practicable to do so, and shall take no part directly or indirectly in any deliberation, discussion, consideration or similar activity by the Tribunal on that matter.”

Before determining an appeal referred to the Tribunal, the Tribunal shall, if either the applicant or the Authority so desires, give each of them the opportunity of appearing before and being heard.

Subsection 16 states: “If an appeal is duly made to the Tribunal, the Tribunal shall give its decision within 60 days from the date of receipt of the appeal or any further period approved by the Minister. The Tribunal shall within 7 days of making its decision convey the same in writing to the Minister, the Authority, and the applicant.”