The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

BILLIONAIRE fashion designer Peter Nygard has responded to the lawsuits against his proposed expansion plans at Simms Point/Nygard Cay by claiming they are “legal stalling tactics” and present no new environmental assessments.

In a statement released by his Canadian lawyer, Mr Nygard expressed his shock at the allegations, maintaining that he “has always been environmentally conscious” and that recent media reports regarding his “efforts to rebuild Nygard Cay have not been presented accurately”.

In a dispute that has drawn international attention, lawsuits were filed last week against the government by Save The Bays (STB) and wealthy Lyford Cay property owners, including Baha Mar Chairman Sarkis Izmirlian and retired British actor Sir Sean Connery, seeking a judicial review of the planning process.

The statement, released on Friday, which notes Nygard as “a champion of the Bahamas”, said that the current judicial review applications “are an attempt to change the government process.”

“They present no new environmental assessments. In 2010, Mr Nygard made an application to the government for permits regarding the reconstruction of his private residence. Since filing for the permits, Mr Nygard has fully cooperated during a long wait period of four years.

“The required environmental assessments have been completed and are in the hands of the government, including the most recent assessment completed in February 2014. These assessments confirm that there has never been any adverse environmental impact caused by Nygard activities,” the statement added.

Letters obtained last week by The Tribune, signed by Director of Physical Planning Michael Major and sent to STB, the environmental group leading the opposition to the development, show that the consultation period has officially been extended by 21 days because of the department’s failure to obtain certain information about Mr Nygard’s plans and its failure to disclose certain documents.

Concerned residents had requested the information and documents in order to make meaningful representations with respect to Mr Nygard’s applications.

American television personality Nancy Grace and former US Treasury Secretary Nicholas Brady were among the 103 people who jointly sued the government while expressing concerns about environmental degradation and alleged unauthorised activities by Mr Nygard that they believe have already taken place in the area.

The government’s consultation exercise has been labelled a “farce” by critics who believe that the government might try to sanction Mr Nygard’s plans as a favour for his financial support to the Progressive Liberal Party (PLP) over the years.

In response, Mr Nygard said he had “been more than patient” with the review and assessments and is of the view that STB’s issue with his application is nothing more than a front for his Lyford Cay neighbour, Moore Capital Management owner Louis Bacon.

He claims Mr Bacon has led continual “attacks” on him due to personal interest in Nygard Cay and that “this tactic led by Louis Bacon is a complete farce and an improper manipulation of the public process to acquire Nygard Cay.”

“These new judicial review claims are nothing more than ongoing ‘legal stalling’ tactics which have been waged by Louis Bacon for more than five years now. In fact, none has been provided by the group who call themselves ‘Save the Bay’ or by any other parties protesting the government process.”

“It is the legal duty of the government to review the permit application and it has completed its due diligence” Nygard’s statement added.

On June 18, the government announced the start of the initial 21-day public consultation period, which ended last Wednesday, with respect to Mr Nygard’s applications for Crown land and approvals for building, dredging and other types of development in the surrounding seabed.  

Mr Major, the Physical Planning Director, noted in a letter dated July 6 that despite the start of the public consultation process, his department has not received applications from Mr Nygard with respect to certain “future buildings” in his site plan. The extension was granted in a letter dated July 9.

The Tribune understands that STB will be before the Supreme Court today to continue to press the case for judicial review.