18-Apr-11
START DATE
END DATE
29-Apr-11
Appellate Jurisdiction Telecommunications (Telecommunications (West Indies) Ltd. vs. The Minister of Environment Planning and Infrastructure Strategy)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Planning Law, Administrative Law, Telecommunications
Hon. Justice Kawaley
Mr. Jan Woloniecki & Mr. Nathaniel Turner (Attride-Stirling & Woloniecki)
Mr. M. Anthony Cottle (Attorney-General?s Chambers)
FACTS OF THE CASE:
Digicel Bermuda (Telecommunications West Indies Ltd.) constructed a cellular tower on private property without planning permission. The Development Applications Board (DAB) refused retroactive permission, and the Minister of Environment upheld this refusal. The Appellants argued that the Minister misinterpreted zoning laws and failed to consider alternative regulatory approaches. The Court examined whether the zoning order prohibited the tower and whether the Minister had improperly considered its retroactive nature.
SUMMARY:
(1) Did the zoning order prohibit the tower? (2) Was the Minister?s decision procedurally fair? (3) Should the retroactive nature of the application have influenced the decision?
OUTCOMES:
Minister's decision quashed; case remitted for reconsideration.
RULED IN FAVOUR OF:
Telecommunications (West Indies) Ltd. (Plaintiff).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Appellate Jurisdiction Telecommunications (Telecommunications (West Indies) Ltd. vs. The Minister of Environment Planning and Infrastructure Strategy)
Digicel Bermuda (Telecommunications West Indies Ltd.) constructed a cellular tower on private property without planning permission. The Development Applications Board (DAB) refused retroactive permission, and the Minister of Environment upheld this refusal. The Appellants argued that the Minister misinterpreted zoning laws and failed to consider alternative regulatory approaches. The Court examined whether the zoning order prohibited the tower and whether the Minister had improperly considered its retroactive nature.