Re Basseterre Building Board

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 05 July 1969
• Neutral Citation: KN 1969 HC 4
• Docket Number: No. 12 of 1969
• Date: 05 July 1969

The West Indies Associated States High Court

Glasgow, J.

No. 12 of 1969

Re: Basseterre Building Board

Appearances:

C. F. Henville, Q.C. for the appellant

H. M. Squire (D.P.P.) for the respondents.

Administrative law - Denial of building permission — Whether ultra vires

Facts: The appellant took objection to the denial by the Basseterre Building Board of permission to construct a building. Whether the Board was wrong to disapprove the application and whether its decision was invalid.

Held: That the Board's decision was invalid and order made that the Board communicate to the appellant their approval of the application.

Glasgow, J.

1 The Basseterre Building Board was appointed under the provisions of s. 4 of the Building Ordinance (Cap. 284). The said Board is charged with the administration of the provisions of the said Ordinance and of any regulation made thereunder, and the jurisdiction of the said Board is limited to all places and areas in or within one mile of the town of Basseterre. Subject to the provisions of the said Ordinance and the regulations made thereunder, the Board has power, inter alia, to determine applications made in respect of any work in relation to the erection of a building, having regard to all circumstances affecting the fitness of the site and the proposed work.

2 Section 6 of the Ordinance provides that where the Board consider that the operation of any regulations would be unreasonable in relation to any particular case, they may with the consent of the Governor relax the requirements of such regulations or dispense with compliance therewith: Provided that the Board shall give notice of any such proposed relaxation or dispensation in such manner and to such persons, if any, as the Governor shall direct. It is also provided by the section that the Governor shall not give his consent before the expiration of one month from the giving of the notice and that before giving his consent, the Governor shall, take into consideration any objection which may have been received by him.

3 By application dated the 14 ^th February 1969 David Coury and Co. Ltd (hereinafter referred to as the appellants) applied to the Basseterre Building Board (hereinafter referred to as the Board) in the prescribed manner for permission to erect a building on the Bay Road, Basseterre, for use as a lumber shed and store rooms. The appellants' application considered by the Board at a meeting held on Friday the 21 ^st March 1969. The relevant extract from the minutes of the said meeting reads as follows:

“Recommended for discretionary approval

No. 2345 Mrs. Myra Morton, c/o Mr. P. Liburd, Taylors Site

No. 2350 David Coury & Co. Ltd, Bay Road

No 2351 Amelia Hendrickson, Dorset Village”

A Notice in the following terms appears in “The Democrat” newspaper of Saturday 5 ^th April 1969:

“GOVERNMENT NOTICE

Pursuant to the provision of s. 6 of the Building Ordinance, 1943, notice is hereby given that the persons named in the schedule hereto, have applied in the prescribed manner to the Basseterre Building Board for the approval of work proposed to be undertaken in relation to certain buildings in Basseterre situate as described in the said schedule, and that as the Board consider that the operation of the rules of the Building Rules 1946 would be unreasonable in relation to those particular cases, they propose to apply for the consent of such rules (dispense with the compliance of such rules).

Any person who wishes to make any objection in connection with this notice, must do so in writing addressed to the Governor and deposited at this office not later than the 28 ^th day of April 1969. Dated this 27 ^th day of March 1969.

W. WALTER

Ag. Clerk

Basseterre Building Board.

No. of Appls.	Names of Applicants	Addresses of applicants	Situation of Buildings	Rules of Building Rules ‘46 to be relaxed or dispensed with	Particulars
2345	Mrs. Myra Morton	Taylor's Site	Irish Town	Section12, & 12 (1)	Space at rare less than 16ft
2350	David Coury & co. Ltd	Bay Road	Bay Road	do	Space at sides less than 6 ft.
2351	Amelia Hendrickson	Dorset Village	Dorset Village	Section 8 (1)	Lot substandard”

4 The Building Ordinance, 1943, mentioned in the above Notice is the Building Ordinance (Cap. 284 of the Revised...