Outcomes - Selected Case Summaries
Categories
Lands for Public Purpose dispute
Investigation | 15 September 2023
Department of Planning
The complainant stated a parcel of land which has been in their family for generations was designated by the Director of Planning as lands for public purpose (LPP) in 2018 without the owners’ knowledge. There was a significant delay in reporting this complaint, because the complainant stated they were not aware of the designation until they attempted to use the land for a private purpose and were denied permission to do so without first making payments for the use of the land.
There was no dispute that the parcel did belong to the complainant and their family. However, the government clarified that the designation as LPP essentially prevented the family from using the land for private purposes. During our review of this matter, the Office of the Ombudsman (OMB) learned that there are potentially several Caymanians in similar situations with LPP-designated parcels that they are largely unable to use.
The complainant made internal complaints to both the Department of Planning (DoP) and Lands and Survey (L&S) and both entities acknowledged they were looking into the matter. However, responses had been delayed for nearly a month and the OMB decided at that time to attempt an informal resolution of the issue. Responses from both agencies were received within a few weeks, but it was clear from the complainant’s response to those statements that an information resolution would not be possible.
Given the informal resolution had failed the OMB notified the parties of a formal investigation. The process involved the review of hundreds of government documents, dating back six decades in some cases, as well as interviews with both L&S and DoP officials, who were all very helpful in explaining the rather complex and long-standing issues that arose. Ultimately, the OMB did find that maladministration had occurred in this matter and that the complainants were not properly informed of the designation of their land as LPP.
The Ombudsman made the following recommendations:
- The matter of the LPP/POS designation of the property is to be referred to the Central Planning Authority (CPA) or to the Planning Appeals Tribunal, if the latter is deemed to be the more appropriate forum, for reconsideration.
- Appropriate notices for such hearing are to be given to the complainant in this matter, with the right to present arguments, following due process principles.
- Given the age of this matter, I would request that the hearing be arranged as soon as possible but no later than by 15th December 2023
OMB will continue to monitor these recommendations for compliance in the months ahead.