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Physical Planning violators go to Court and explains its cases
Wilkie Arthur
Eagle Legal News Media
Turks and Caicos Islands – Tuesday, November 26, 2024 – On Monday, November 18, 2024, two individuals were listed to appear before the Magistrate’s Court for breaches of the Physical Planning Ordinance.
While Eagle Legal News observed the proceedings, only one of the two named individuals appeared before His Honor, Chief Magistrate Jolyon Hatmin.
Case of Maia Clare
The accused, 39-year-old Maia Clare of Long Bay, Providenciales, was charged with unlawfully commencing development without obtaining prior approval—a fixed penalty offense under the Physical Planning Ordinance.
Clare was issued a $5,000 ticket but pleaded not guilty, expressing her intent to challenge the charge in court. Represented by defense
Senior Public Prosecutor Ms. Tassja Mitchell appeared on behalf of the Office of the Director of Public Prosecution (ODPP).
Clare was captured on video by Eagle Legal News leaving the court following her adjournment.
Case of Kyle Smith
The second individual listed, Kyle Smith of KT Ltd., faced similar allegations of commencing development without prior approval.
However, Smith did not appear in court during Eagle Legal News’ visit.
The allegations against Clare and Smith are separate, and they are not jointly charged.
Insights from the Planning Department
On November 26, 2024, Eagle Legal News visited the Physical Planning Department at Emily House, Leeward Highway, Providenciales, to better understand the enforcement process for ordinance violations.
A representative explained that many violators are issued tickets with substantial fines, often in the thousands of dollars. Most individuals opt to pay these fines rather than challenge them in court. However, paying the fine does not grant permission to continue development.
The representative clarified:
- Individuals must still seek proper approval for their development.
- If permission is denied, construction cannot