The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A well-known QC yesterday expressed hope that “a paradigm shift in Town Planning” had occurred, after the Government announced a 21-day consultation period over Nygard Cay’s proposed redevelopment.

Fred Smith QC, the Callender’s & Co attorney and partner, told Tribune Business that this model was “the only way for future development in the Bahamas to proceed”, after the Ministry of Works gave the Bahamian people notice of Peter Nygard’s building permit applications.

According to yesterday’s notice in the media, Mr Nygard’s applications are broken down two-fold. Apart from applying for permits to rebuild the structures destroyed by the 2009 fire, the Canadian fashion multi-millionaire is also planning to seek permission for new construction at Nygard Cay.

The Department of Physical Planning then revealed that Mr Nygard has applied for a Crown Land lease for “certain areas of the seabed” next to Nygard Cay, with further applications also expected in relation to existing and new seabed structures.

Mr Smith, when informed by Tribune Business about the Department of Physical Planning’s notice, reacted: “Wow. They’re finally doing something right.

“This augurs well for the future of regulated, responsible and accountable development.”

It appears that the Government and its planning/regulatory agencies, recognising the background and controversy likely to surround development activities at Nygard Cay, decided to hold a transparent public consultation in a bid to hold off any potential Judicial Review action by environmental activists.

Mr Nygard’s existing development activities have sparked litigation between the fashion designer, the Government and its agencies, and the Coalition to Protect Clifton Bay, the organisation represented by Mr Smith.

The QC acknowledged that the Coalition would have to assess the implications of Mr Nygard’s new building permit applications for the existing litigation, but nevertheless praised the Government’s decision to hold a public consultation process.

“The Coalition is very pleased to note that what appears to be a transparent consultation process has been embarked upon,” Mr Smith told Tribune Business.

“This is a paradigm shift in Town Planning for the Bahamas. This is the kind of notice one would have expected to be published by the director of physical planning with regard to the Genting/Resorts World Bimini development in Bimini.”

A desire to avoid the time and expense involved with Judicial Review challenges, such as those that have occurred over the Resorts World and Blackbeard’s Cay projects, is likely to have forced the Government’s hand in publicising the Nygard Cay applications and consultation process.

Failure to do otherwise might have exposed it, once again, to allegations that it had failed to follow the statutory processes in the Planning and Subdivisions Act and Buildings Regulation Act, paving the way for Mr Smith and the Coalition to pounce.

Mr Smith confirmed that the public consultation announced by the Government appeared to comply with the Planning and Subdivisions Act, and agreed it likely stemmed from the attention the Coalition had drawn to “unregulated development” in the Clifton Bay area.

The Clifton Coalition and its attorney have also forced Mr Nygard’s Crown Land lease application into the open, their previous actions having likely scuppered plans to conclude such a deal secretly in the 2012 general election’s aftermath.

And yesterday’s Nygard Cay application notice comes just six days after the Coalition wrote to the Prime Minister and several of his senior Cabinet ministers and officials asking to be consulted on any applications by Mr Nygard for a Crown Land lease or building permits. The letter’s timing, and the Government’s action, appears less than coincidental.

Mr Smith, in the June 10, 2014, letter, said the Coalition had been informed that permit applications for development at Nygard Cay had been submitted to the government’s agencies.

He also informed the Prime Minister that, at a March 10, 2014, meeting, Deputy Prime Minister Philip Davis had confirmed that public meetings would be held once proper applications were submitted by Mr Nygard.

Mr Smith warned that the Coalition had “grave and well-documented concerns” that development at Nygard Cay may cause “profound damage” to the seabed and surrounding coastline.

He urged that “a fair, transparent, accountable and lawful process” be followed in assessing and approving each permit application by Mr Nygard.

“In order to make informed and meaningful representations in connection with all and any such applications, it is essential that our client have an opportunity to review copies of all applications and their supporting documents,” Mr Smith wrote.

“Our client has grave and well-documented concerns that Mr Nygard’s building and dredging activities could cause profound damage to the sea bed, and potentially produce a major negative impact on the coastline of the neighbouring areas......

“This is an important matter that affects our client whose members, like most residents of the Bahamas, are committed to protecting its coastline areas and marine environment of the Bahamas. We therefore ask that this request be acceded to as a matter of urgency.”

The Coalition’s request appears to have been granted, with Mr Smith telling Tribune Business: “This is the only way for future development in the Bahamas to proceed, where the rights of individual parties, stakeholders and the rule of law are respected.”

He added that the Coalition would now consider its submissions to the Nygard Cay consultation process.