Government issued a response last night to the reports of Minister Walter Roban allowing an in-principle planning appeal for an application to built three warehouses at Devonshire Marsh.The planning application was made by the Zanzara Trust, which covers Health Minister Zane DeSilva’s Island Construction business.In the statement Government stressed that the appeal only granted in-principle approval.The full statement reads as follows:In responding to several critical media reports concerning the in-principle approval of an application from the Zanzara Trust, the Government moved to clarify several matters for the public.It should be noted from the outset that the application has been granted in-principle approval only. This means that the applicant (Zanzara Trust) must provide further information to the Development Applications Board (DAB) and agree and adhere to the stringent conditions attached to the approval before final approval can even be considered.Therefore ANY development at this proposed site cannot and will not occur until final approval has been obtained.The former Minister of Environment, Planning and Infrastructure Strategy the Hon. Walter H. Roban, JP, MP was satisfied at the time of his decision that he had sufficient information to grant in-principle approval, subject to various conditions.Specifically, the conditions include:l The in-principle site plan shall be revised to resolve the discrepancies between existing conditions, the proposal as outlined in the application, the proposal shown on the plan, such as building footprints.l The application for final approval shall include a recent field survey showing boundaries, topographic conditions, existing buildings, walls and areas of hard surfacing (including gravel).l The application for final approval shall include a site plan and supporting materials reflecting the information indicated by the application check list or by Plan policy, including but not limited to buildings, hard surfacing (including graveled areas), utilities, water tankage, access design and details, roadway widening design, parking, large truck loading, parking and manoeuvring, and buffering or screening of adjacent sites.l The plan shall indicate the locations of any facilities involving potential pollutants or impacts on adjacent environmentally fragile areas, and how the potential impacts of pollutants will be avoided or managed, including petroleum or chemical product storage or use, sources of sedimentation or dust, or similar sources of impact.l A Traffic Impact Statement shall be submitted to the Department of Planning with the submittal for final approval, and the specific siting of the proposed access point shall reflect compliance with minimum requirements for safe use of the site, including minimum sight visibility in both directions, appropriate storm water management, proof that there is adequate turning radius and road width for the manoeuvring needs of the applicant’s larger vehicles.l In order to avoid the discharge of surface water run-off onto Middle Road/Parson’s Lane, the Freer Cox Nature Reserve, the Winifred Gibbons Nature Reserve, or any other property, provision shall be made for the control and disposal of storm water within the cartilage of the application site, the details of which shall be shown on plans submitted for final approval.l In order to avoid the negative impacts of inadequate or inappropriate utility servicing, the general location, and description of their provision shall be shown on plans submitted for final approval.l In the interests of visual amenity, a landscaping plan shall be submitted as part of the final approval, showing reliance on plant material appropriate to the site conditions and typically on the use of native and endemic species.The Government emphasised that it fully recognises that Devonshire Marsh is a vitally important wetland habitat and therefore this is why all requirements regarding protection of the neighbouring nature reserve must be met before final approval is granted.It should be pointed out that only the Minister responsible for Planning has the legal authority to determine an appeal of a Development Applications Board decision. To deny that opportunity because an applicant is associated with a Cabinet Minister would be unethical and unfair.While the application did not provide sufficient information to satisfy the Development Applications Board, the Minister adhered to the law in granting the appeal.Furthermore, the Government would like to counter claims that there are any issues regarding the Planning process itself. The Planning process is sound. The law provides for applicants to appeal decisions of the Development Applications Board to the Minister. The Minister has an option to refer the matter to an Independent Inspector or to determine the matter himself. Upon receipt of the Independent Inspector’s recommendation, the Minister must determine if he accepts the recommendation, wishes to vary it, or reject it. Should he wish to vary or reject it, the Minister would give his reasons for doing so.The level of transparency and public engagement in the Planning process is an example of good governance at work. A distinction must be made between the processes involved in good governance and the subjective perceptions of decisions made under an authorised ministerial discretion.The process of transparency has been upheld regarding this application process, as the Minister is completely cognisant that planning files are public documents and can be readily accessed.Finally, the Government would like to stress that this application has been granted in-principle approval only. This is NOT a final decision and should the applicant return for final approval, he must satisfy the specified conditions. Failing that, the application will not be approved.