The Tribune

By FAY SIMMONS

Tribune Business Reporter

jsimmons@tribunemedia.net

A CABINET minister was yesterday revealed to have intervened on behalf of his constituents over a planning appeal involving a proposed 13-acre Bernard Road cemetery that is heavily opposed.

Fred Mitchell, minister of foreign affairs, PLP chairman and Fox Hill MP, wrote to the Subdivision and Appeals Board on February 19, 2024, urging that the appeal be dismissed “and the status quo maintained” on the basis that permitting the project would devalue nearby properties and disturb his constituents’ way of life.

Asserting that roads in the area would be unable to handle the increase in vehicle traffic

generated by the cemetery, he added that the Government is also “in the early stages” of using its compulsory powers under the Acquisition of Land Act to purchase either the entire property or “pieces and parcels” of it.

Mr Mitchell’s intervention, which was sent to the Appeals Board’s now-former secretary, Carol Martinborough, surfaced at the pre-hearing for the appeal against the Town Planning Committee’s 2018 rejection of James Bain’s application to build the cemetery on 13 acres of vacant land he owns near Bernard Road’s Budget convenience store.

“I wish to register the interest in the above captioned matter and urge that the appeal be dismissed and the status quo maintained,” said Mr Mitchell.

“The use of the land for a cemetery is not supported by most constituents in the area. The roads in the area do not, and cannot, support the additional commercial traffic, and given the experience of Woodlawn [Gardens], the increased nuisance to residents would be exponential, displacing and devaluing their properties and disturb- ing their quiet enjoyment.”

“In addition, the Government is in the early stages of exercising its powers under the Public Acquisition Act to [acquire] the land in question or pieces or parcels therein”

Prior to reading the e-mail during the hearing, Dawson Malone, the Subdivision and Development Appeal Board’s chairman, said there are still cases regarding the property pending in the Supreme Court and, during the Board’s last site visit, they noticed ongoing construction at the site.

He said: “When we had the site visit on the last occasion we noticed the number of locations... there was some construction there. And it came to our attention that there was some Supreme Court matters pending and, subsequent thereto, we received an e-mail correspondence from minister Fred Mitchell.”

Khalil Parker KC, attorney for the developer, suggested that as the matter is a land dispute a representative of the Attorney General’s Office should appear for the appeal hearing. The cemetery proposal sparked considerable protest from area residents when it surfaced in 2018, culminating in a well-attended public hearing at LW Young Junior High School where concerns were voiced.

Among the chief fears were that traffic would increase, while the value of properties in the area would decline. Residents were also concerned the project would impact the water table and increase flooding in the area. The 13.504 acres of vacant land owned by James Bain is situated near the Budget Convenience store, east of Sands Addition and just past the 700 Wines and Spirits liquor store heading east.

Attorney Bjorn Ferguson, an opponent of the proposed cemetery, told this newspaper at the time: “We’re just happy that the [Town Planning] committee gave weight to the relevant factors and arrived at the right conclusion. We would greatly appreciate consideration being given to adding more green and recreational space in our community.

“The children in the affected communities are forced to play in the streets due to the lack of green and recreational space. We would fully endorse developments that included these considerations. We do understand that a developer has a right to develop his land but his development cannot negatively impact the community It should provide a positive impact to the community and society at large.”