The Tribune

By FAY SIMMONS

Tribune Business Reporter

jsimmons@tribunemedia.net

The Government has moved to compulsorily acquire almost five acres of a 13-acre parcel targeted for the controversial development of a cemetery on Bernard Road, it was confirmed yesterday.

A planning appeal over the cemetery, which would be located near the Budget Convenience store, east of Sands Addition, heard confirmation that the Attorney General’s Office submitted an Acquisition of Land Order for 4.94 acres of the site.

Khalil Parker KC, attorney for the developer who has spent five years seeking planning permission, said his client’s land is some 13 acres and the acquisition order only includes 4.94 acres. He added that the Subdivision and Development Appeal Board’s decision will affect his client as well as a number of nearby residents, and all are all with how the Government’s acquisition will affect them.

“I invited them, before they did this, to engage with us so we can understand what it is that they were intending to do,” said Mr Parker. “It doesn’t help to answer any questions about the impact of this on the broader questions that we have to deal with. The minister of foreign affairs, the MP for the area, suggests that it was to impact how you’re dealing with today.

“They mentioned one of the individuals, but there are multiple individuals, and everyone is concerned to see how this impacts. I see 4.9 acres referenced. My client’s parcel of land is 13-plus acres, so I don’t know what they expect for us to make meaningful use of.”

Kenria Smith, from the Attorney General’s Office, said her office is not involved with the appeal process and can only speak to whether or not the land is to be acquired. “The issue was, was the Government going to acquire that land or part thereof,” she said.

“So, I’m here to answer that. My instructions are to answer, and the Government has entered a notice of acquisition, intended acquisition, as it relates to the subject land, not the entire land.”

Mr Parker argued that the acquisition notice directly affects the proceedings so the Attorney General’s Office should be prepared to answer inquiries on the matter.

“The Government has purported to exercise eminent domain with respect to a piece of land directly related to the issue before you, and they have suggested that they have never thought to say: How does our acquisition impact the matter before the Board,” said Mr Parker.

“My point is that we must be here to answer these questions. The Government has its powers, I can’t take that away. But my point is, when you’re coming to assist the Board and the people who have concerns, and to help us answer these questions, put some thought into what you’re representing.”

The matter has been adjourned several times since Fred Mitchell, minister of foreign affairs, PLP chairman and Fox Hill MP wrote to the Subdivision and Development 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.

In a July hearing, which was scheduled to be the final appeal hearing on the matter, Dawson Malone, the Board’s chairman, while acknowledging the busy schedule of the Attorney General’s office expressed “disappointment” that documents providing the Government’s input on the matter had not been received after almost six months.

He added that the input of the Attorney General’s Office is “critical” in resolving a matter that has dragged on for more than five years with all parties deserving “closure”. A resident at the hearing yesterday expressed his frustration at the prolonged dispute and called for a resolution.

“We live in this area. We came here today because, of course, the final on this graveyard situation,” he said. “Are we going to have that final say on the graveyard situation? Because I could see right now this is two different things happening.”

Copies of the survey and overlay will be submitted to the Board for review by October 31, 2024, after which the Board will review the appeal and make a decision.