MPs’ planning appeals are history after one is overturned and another is withdrawn
Environment Minister Marc Bean has overturned a planning appeal from Tourism Minister Wayne Furbert, reversing a controversial decision made by his predecessor Walter Roban.Mr Bean also announced that Health Minister Zane DeSilva has withdrawn another appeal that led Mr Roban to come under fire and eventually resign from Cabinet. The Opposition welcomed the news yesterday.Mr Roban granted the planning appeals in favour of Mr Furbert and Mr DeSilva in his final hours as Environment Minister. He had recently been shuffled to the position of Public Works Minister but quit over allegations of cronyism in respect of the appeals, and is now a backbencher.Environmentalist Stuart Hayward had accused Mr Roban of acting corruptly and subverting the planning process to help out his fellow MPs. However, the Minister stressed at the time of his resignation: “There was no intention to ingratiate or enrich anyone that was special in any manner. The fact that those matters related to two persons within Cabinet was not anything that factored into how I made the decisions.”He made the decision on November 1 to uphold the planning appeals by Mr DeSilva, via the Zanzara Trust and Mr Furbert, via the Cyrus Trust. He later admitted that it crossed his mind that signing off on the two appeals on what was likely to be his last day as Environment Minister could prompt criticism.Mr Furbert’s proposal to build two additional lots next to his home had been rejected by the Development Applications Board because the land was reserved for agricultural purposes. An appeal was lodged in April 2011.Mr DeSilva’s plan to build warehouses on Devonshire Marsh had been rejected by technical officers because of significant discrepancies and insufficient information about the environmental impact of the project. An appeal was lodged in March 2011, which the Planning Inspectorate recommended be dismissed.Following Mr Roban’s resignation and his own appointment as Minister of the Environment, Mr Bean pledged to review both decisions. At a press conference yesterday, he said: “I have seriously considered both appeals in the same manner that I consider every planning appeal that comes before me. In particular, and in each case, I considered the initial application, any objections received, the decision of the Development Applications Board, the appeal submissions from the applicant, the Department of Planning and objectors and the recommendation of the independent inspector.”The Minister said that having considered all the information before him: “I can advise that I have accepted the recommendation of the independent inspector to dismiss the appeal of the Cyrus Trust.“That decision was made on March 20 and made available for public scrutiny thereafter, as is the normal procedure. As is the case with any planning application that has been rejected, the applicant is free to submit another application for the consideration of the Development Applications Board.”He also revealed: “I can further advise that having considered all of the information before me, and prior to my making a decision, on April 23, 2012, the Zanzara Trust advised me of its decision to withdraw its appeal. Having done so, the trust is free to submit another planning application at any time for consideration through the normal planning process.”The Minister added: “Given that it is apparent that many who were interested in the outcome of these appeals were not aware of my decision on the Cyrus Trust matter, and given the heightened public interest in both appeals, I have taken the unprecedented step of publicly announcing my decision on a planning appeal.”In answer to questions from the media, he confirmed that he had in fact made a decision on the Zanzara appeal before it was withdrawn, but he refused to reveal what it was.Stuart Hayward, of BEST, last night welcomed the decisions but said they “do not adequately address the fundamental issue that because both applications were inadequate or inaccurate, or both, they should not have been attended by the DAB and therefore should never have reached the Environment Minister’s desk.”He went on: “For whatever reason, the DAB rendered decisions in both cases based on flawed applications. Those decisions were then the subjects of appeals. It is our opinion, however, that as much as a year ago, both applications should have been turned back to the applicants and not left to occupy undeserved place and time in the DOP files and on the Minister’s calendar.”Mr Hayward said that could have saved time and energy of individuals and organisations like BEST “who have had to mount a protracted campaign merely to get a result that should have been a ‘no-brainer’”.He added: “Had this taken place, it would have saved former Environment Minister Roban from his rushed approval of the appeals on his last day in that office, yielding a profoundly different result to his public service career.”The decision on The Cyrus Trust appeal and the withdrawal of the Zanzara appeal inferred that they were “legitimate appeals entertained and/or decided on their merit,” he said.“In the interest of a healthy and credible application process in the future, we would encourage the Department of Planning and the Development Applicant Applications Board to strictly uphold their standards for accepting applications, knowing that the failure to do so can, as in this case, cause time, energy and effort to be wasted and credibility to be lost.”Responding to the news, Shadow Minister of the Environment Michael Fahy said: “Congratulations to Minister Marc Bean for finally closing the chapter on these two controversial planning decisions involving his Cabinet colleagues.”He added: “We believe the decision by Minister Bean in respect of Minister Wayne Furbert’s trust was correct. As regards the trust application involving Minister DeSilva, it is a shame it was not withdrawn sooner so as not to put Minister Bean in the position in which he found himself. We hope that in moving forward the Government does not put itself in such an untenable position again.”Mr DeSilva declined to comment on the issue. Mr Furbert and Mr Roban did not respond to requests for comment.