Case details

Silly Creek Estate and Marina Co Ltd (Respondent) v Attorney General Turks and Caicos Islands (Appellant)

Case ID: JCPC 2019/0012

Jurisdiction: The Court of Appeal of the Turks and Caicos Islands

Case summary

Issue

Whether the government of the Turks and Caicos Islands was wrong to refuse planning permission after agreeing to the proposed development in a settlement agreement and a lease.

Facts

The respondent is a Turks and Caicos Islands development company established with a view to developing a low impact/high cost community including, among other things, homes, guest houses, dockage, and marina facilities on the Silly Creek peninsula and on Silly Cay Providenciales.

As part of a settlement agreement with the respondent, the government agreed to permit the development of a portion of land on Silly Cay. That provided, among other things, for the reservation of five lots falling within a national park for private residential development. On the back of that agreement, the government granted a commercial lease of Silly Cay to the respondent, which was executed by the Governor and granted the respondent the right to acquire the freehold interest in the land.

In reliance on the terms of the Silly Cay lease, the respondent made an application for detailed development permission and a building permit to develop one of the five lots under the lease. Permission was refused on the ground that the proposed development was of a type which was not permitted in a national park.

The respondent sought damages for breach of the covenants in the lease. The first instance court dismissed the claim, but the Court of Appeal allowed the respondent’s appeal.

Parties

Appellant(s)

Attorney General Turks and Caicos Islands

Respondent(s)

Silly Creek Estate and Marina Co Ltd

Appeal

Justices

Lord Lloyd-Jones, Lady Arden, Lord Sales, Lord Stephens, Sir Keith Lindblom

Hearing start date

15 Feb 2021

Hearing finish date

15 Feb 2021

 
Watch hearing
15 Feb 2021 Morning session Afternoon session
 

Judgment details

Judgment date

19 Apr 2021

Neutral citation

[2021] UKPC 9