John Mussington and Another v Development Control Authority and Others (Antigua and Barbuda)

Why It Matters

The case could set a precedent on statutory consultation and notice in Antigua and Barbuda’s planning regime; a ruling that permissions were ultra vires would compel new approvals and could disrupt government infrastructure projects already completed.

Summary

In a court hearing over the Barbudan airport, counsel reported that a 2012 Sustainable Island Resource Management and Zoning Plan—developed with UN involvement—exists but its status under the 2003 Planning Act (section 9) is unclear. The discussion focused on procedural defects: whether statutory notice requirements under section 22/221 and consultation obligations under section 223 were met, and whether village council discussion of an economic project (including the airport) amounted to lawful public notice. Government counsel could not identify the current operative planning permission—acknowledging an initial unconditional approval was later converted to conditional approval—but could not produce the conditions on the record and agreed to file them. The airport is already constructed, which raises the prospect that a successful judicial finding of illegality would force the government to reapply for permission rather than undo completed works.

Original Description

John Mussington and another (Appellants) v Development Control Authority and others (Respondents) (Antigua and Barbuda)

JCPC/2021/0116

https://www.jcpc.uk/cases/jcpc-2021-0116.html

Hearing date: 8 November 2023

Session: Afternoon session [Session 2 of 2]

Judgment date: 27 February 2024

Neutral citation: [2024] UKPC 3