Government told to pay appeal's cost
battle over a Paget housing development.
Chief Justice the Hon. Sir James Astwood directed Environment Minister the Hon. Ann Cartwright DeCouto pay legal costs.
And he also criticised her over the handling of the proposed development.
The controversy centred on Mr. Peter Darling's plan to build a single storey extension to his property at Salt Kettle Lane. Two closets and a bathroom were included in the planned extension.
The Development Applications Board initially refused the scheme, but Mrs.
Cartwright DeCouto approved it on appeal.
Mr. Darling's neighbours, Mr. Charles Green, and his wife, Carol, however, appealed.
The couple, who were against the extension, objected they did not attend a crucial site visit which led to her decision.
Sir James allowed their appeal, stating: "The appellants to this court must have a genuine sense of grievance. It is not that the Minister of the Environment or her technical officer have committed any impropriety.
"But the Minister must be seen and be perceived to be acting fairly.
"In my view the appellants should have been informed of the site visit and have been given the opportunity to be heard, if any submissions were made at the site, as justice must not only be done but must be seen and perceived to be done.
"I allow the appeal and remit the appeal to the Minister for rehearing.'' Sir James added Mr. and Mrs. Green should be informed of future submissions relating to the issue.
