Press Statement by the Progressive National Party on the Appellate Court’s decision made 21 February, 2017

Providenciales, TCI, February 22, 2017 – The Appellate Court of the Turks and Caicos Islands yesterday February 21, 2017 issued its long anticipated Judgement in the matter of the Tuscany and Venetial Strata Corporations V Turks and Caicos Government and Dessarolous Group – developers of the proposed five star Ritz Carlton Hotel.  In an oral release of the judgement in open court it upheld the   decision of the Supreme Court that the former PNP government exercising its perogative, followed the correct procedure in changing the policy to allow the development of 12 storey structures in designated areas of Providenciales.   It dismissed the appeal filed by those opposed to the height increase to 12 storeys.   The matter was heard in September of 2016, with the Court of Appeal reserving judgement until this morning.

The leader of the PNP and the Opposition Hon. C. Washington Misick said “I am delighted that for the second time the Court has agreed that the process used to change the policy allowing for the increase of building heights in designated areas in the Turks & Caicos Islands by the former PNP Government was indeed correct.  I hope that this game of attrition by the opponents of this project aimed at frustrating the developer and protecting the status quo will now come to an end.  We in the Opposition, look forward to the Developers following the normal planning and continuing with their development to the benefit of the economy and the people of these islands.”

The construction of the Ritz Carlton Resort proposed development in which the Rufus Ewing government had invested tremendous effort with the objective of increasing visitor accommodation, jobs, and counter-balancing other powerful interest in the industry was scheduled to commence development in the middle of 2015, but was frustrated by robust opposition from competitors and their surrogates since 2015.

Those in opposition to the development of this high-end project was supported by the current PDM government.  While in opposition, members of the PDM party either opposed the project outright or gave opponents of the project tacit backing. Among those who gave their tacit support to the opponents is the current Premier, who at no time expressed support for the project.   In addition, comments made in her recent contribution to the throne speech may be interpreted that the project may be subject to a new development master plan.  This statement has created uncertainty around her government’s commitment to the project.

Now that the court has ruled, the Premier should make a clear and unequovacal statement  as to whether her government stands behind the project or not.   Such a statement may be  pre-emptive and should send a strong message to the petitioners who it is rumoured are considering an appeal to the Privy Council.

Commenting on the judgement, PNP Chairman, Honourable Royal Robinson stated, “It is imperative that the current governmenent pushes forward with ensuring that this project comes to fruition, as it will tremendously benefit the people of this country opening up new opportunities for employment, entrepreneurship and economic empowerment.”