Case details

Beau Songe Development (Appellant) v The United Basalt Products Ltd and another (Respondents) (Mauritius)

Case ID: JCPC 2017/0002

Jurisdiction: The Supreme Court of Mauritius

Case summary

Issue(s)

Whether the Mauritian Supreme Court erred in quashing a determination of the Environment and Land Use Appeal Tribunal upholding the grant of an Environmental Impact Assessment licence to subdivide a plot of land into residential lots.

Facts

On 29 June 2011 the Minister of Environment, Sustainable Development and Disaster and Beach Management granted an Environment Impact Assessment (EIA) licence to the appellant for the subdivision of a plot of land of 17,963 hectares at Beaux Songe into 305 residential lots. The first respondent owns a stone crushing plant which is located in the vicinity of the plot. It appealed against the Minister’s decision to the Environment and Land Use Tribunal, which dismissed the appeal and upheld the Minister’s decision. The first respondent appealed to the Supreme Court of Mauritius, which quashed the determination of the Tribunal, finding that the proposed redevelopment was in breach of planning legislation and guidance establishing a 1km buffer zone around ‘bad neighbour’ industrial sites. The appellant now appeals to the Board.

Parties

Appellant(s)

Beau Songe Development

Respondent(s)
  1. The United Basalt Products Ltd
  2. Minister of Environment and Sustainable Development

Appeal

Justices

Lord Kerr, Lord Carnwath, Lord Hughes, Lord Lloyd-Jones, Lord Briggs

Hearing start date

06 Dec 2017

Hearing finish date

06 Dec 2017

Watch hearing
06 Dec 2017 Morning session