COMMENTARY – Land Development and Control Authority in Antigua and Barbuda
With the heightened tensions around issues surrounding the safe and equitable use of earth’s resources; the need for decision-makers to communicate and engage with the scientific community more effectively, particularly in Westminster forms of government has never been more apparent. A recent decision by the Privy Council in the case John Mussington and another (Appellants) v Development Control Authority and others (Respondents) (Antigua and Barbuda) has set the precedent for standing.
The case concerns the question of whether or not Mr. John Mussington and Ms. Jackie Frank had standing to challenge the grant of a development permit for the construction of an airstrip on the island of Barbuda.
The Privy Council ruled that Mr John Mussington and Ms. Jackie Frank, both of whom are Barbudans do have sufficient “interest” in the development of an airport in Barbuda and that they were not mere “busybodies” who were attempting to obstruct the development of a new airport on Barbuda.
This means that Mr. John Mussington and Ms. Jackie Frank have standing to challenge the Development Control Authority and others (Respondents) (Antigua and Barbuda) decision to grant a development permit for the construction of an airstrip on the island of Barbuda.
Given the failures of existing decision processes, the decision processes that are idealized in theories of deliberative democracy often have the appeal to achieve greater procedural justice for communities. The onus is now on the government to engage with its stakeholders to ensure inclusion, political equality, reasonableness, and publicity in their decision-making process.
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