The authorities have pulled down an illegal structure on Praslin that was being used in breach of planning conditions.

The structure, a canopy adjoining the Coco Rouge Restaurant at Baie Ste Anne, was being used for the operation of a take-away business with seating facilities even though the owner had been advised not to use it for commercial purposes.

According to a communiqué from the Ministry of Land Use & Habitat (MLUH), the canopy was constructed illegally and the owner was advised to submit a retrospective application for the structure.

"Although subsequent permission was granted for the illegal development, a condition was attached that it was not to be used for commercial purposes," the communiqué says.

However, the owner of Coco Rouge Restaurant proceeded to use the canopy for the operation of a take-away business with seating facilities for several months, the communiqué notes.

"In doing so, the owner breached the Town and Country Planning Act on the basis of changing the use of the canopy without the necessary permission that is required for this kind of activity," says the communiqué.

The communiqué explains that the Planning Authority served an Enforcement notice asking the owner to cease the illegal use of the canopy and to demolish it. However, the owner did not comply and instead appealed to the Minister for Land Use and Habitat against the Enforcement notice.

Although the minister upheld the decision of the Planning Authority, the owner of Coco Rouge continued to defy the authority's orders.

The owner even went one step further by asking the Seychelles Supreme Court to review the minister’s decision by way of judicial review.

Meanwhile he continued the illegal use while the case was being heard in court.

The Supreme Court on Thursday found that the decision of the minister was within his power and as such dismissed the owner’s claim. 

The MLUH, with the assistance of the police, on Friday proceeded to effect the demolition work which the owner had failed to do.

The MLUH would like to inform members of the public that development undertaken must comply with the Town and Country Planning Act and any conditions set by the Town and Country Planning Authority.

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