Seafront project rolls on despite ‘error in law’
Thompson waterfront development
(CNS): The development of a tourism office and food truck on the George Town waterfront is continuing despite the fact that the attorney general has already advised the Planning Appeals Tribunal that the project should not have been granted permission and the Central Planning Authority had conceded to an objection by a neighbouring land owner. The letter noting the “error in law” was sent to the tribunal chair early in September, but no official notice has come from the PAT, leaving the developer to press ahead with work and making it more difficult for the removal of the building and tarmac car park that are breaching planning rules.
The AG’s office said there was no point in fighting the objection, pointing to the “impugned decision” of the Central Planning Authority and stating, “It is indeed, apparent that the CPA fell into error when it sought to grant a variance to the applicant’s setback requirements…”
But Chris Johnson, who owns the adjacent land, and his son, Robert Johnson, who have been trying to enhance their property for the wider public, want to see the building come down. With no formal notice from the planning department, their successful appeal is currently meaningless.
Johnson told CNS that he will take this to the Grand Court if the work is not stopped and the notice issued in the next few days. He said he may even seek a judicial review of how the project could ever have been granted planning permission in the first place.
The project on land owned by the Thompson family has stirred up controversy in the local media, with the sparring landowners taking jibes at each other in the press.
In a letter to the Compass in June, Mary Thompson wrote: “While we welcome expatriates from all countries to Cayman (some of which have become what we call “paper Caymanians”) and have lived very peacefully together, there are some who have come to conclude they have priority over born Caymanians.”
She wrote that Chris Johnson was “making a disturbance because of a building that we are legally erecting on our long held property” and continued, “While my husband and I are born Caymanians and are some of the largest Caymanian developers, it appears that Mr Johnson is not satisfied by the decision granted by a board comprised of Caymanians (the Cayman Islands Central Planning Authority), and now seeks to have priority and impose his will over born Caymanians…”
But there are far wider issues beyond feuding landowners and their Caymanian credentials.
The project was originally rejected by the CPA more than 18 months ago but was granted a second time around after some modifications. However, the changes did not address the fundamental problems with the project that placed it on the wrong side of the planning law.
When he appealed the decision to the Planning Appeals Tribunal, Johnson pointed to a number of problems that had serious environmental implications, such as marl used in the construction spilling onto the beach, its obvious conflict with the plans for government’s George Town beautification, as well as his son’s boardwalk plans.
The Department of Environment has also noted that the shoreline there has changed as a result of Hurricane Ivan and they have concerns about the suitability of the site for building. The environment experts pointed to a number of other problems when it submitted its comments to the CPA, which were, as usual, ignored.
“The proposed works will irreversibly detract from the vista and aesthetic appeal of the natural ironshore coastline in this area, which is an intrinsic part of the character of the George Town waterfront, and which is becoming increasingly rare,” the DoE stated.
Johnson has noted that another problem is the site’s sewage treatment plant because the fish market, which is on his land, would be seriously impacted.
However, the battle now is to get the project reversed because now, almost five weeks after the government had conceded the appeal, the building is almost complete and a car park laid.
Johnson said that the ministry informed him in an email at the end of last month that the PAT had overturned the CPA decision. But yesterday the same official said in further correspondence that the IAT had not met and no decision had been made.
On Monday the planning ministry official emailed Johnson stating: “To date no formal decision has been issued by the Tribunal. As you are aware the appeal was not heard on the proposed date, however that is not to say it will not be heard in the near future. It is the intent of the Tribunal to advise on what further steps they propose to take as soon as possible. Once this has been determined I will revert.”
This, Johnson said, means that the developer is still allowed to continue with and has almost completed the project that should never have been given permission from the start, despite the fact that the CPA decision was overturned almost six weeks ago.
Category: Local News
When is the Government going to take a long look at the development along our shores? and try to bring it to a halt?. Pretty soon we are not going to know that we are actually living on an island because we won’t be able to see beyond the cement structures. No structure should have been allowed on that small piece of rock, doesn’t matter who requested it. For Heaven sake leave something as nature intended it. there is no reason to grab at every thing we see.
Remember the saying ‘you can’t take it with you’ and in the end will it have been worth it? remember there are no shrouds in caskets!
I am at the stage where I agree it is time for the planning board to be dis-banned and replaced by people who have the country at heart..
Amazingly despite the planning permission being overturned Thompson continues to work on his project by tearing up the road. Is he above the law? Why is the CPA not doing something about it? Do they not have balls.? It is questionable if Chris Johnson will ever get the justice he has fought for so long to get, and at his personal expense. Cayman needs leave alone the ironshore in George Town before it is too late. Where is the support from the National Trust?
Aww c’mon folks, the poor Thompson family should legally be allowed to infringe on other people’s rights. I mean, we all know how desperately they need the moola, right?
Too late now. The Appeals Tribunal just ruled against them. Cayasso get your dozer started.
To those on here smearing all Caymanians with their Mary Thompson brush, I urge you to read the rebuttal written by Ms. Joanne, Wilson, another respected generational Caymanian.
I assure you her point of view and opinion is the one preferred and espoused by the vast majority of Caymanians and I include generational and “paper” Caymanians in that statement as we are all equal Caymanians under the law.
WaYaSay
Indeed Joan Wilson wrote a very constructive letter and as a person who grew up in the area as a child. It would nice to hear from her neighbors in those days. I am sure they would agree with her.
I for one do not think that Mary penned the letter.
I’m wondering whether Mary has the same thoughts about the “Paper Caymanians” when they are buying her developments?
Probably has the same thoughts about the working class born Caymanian fishermen trying to make living by selling their catch next to her sewer outlet. It’s not about born or paper, or even about Caymanian and expat – it’s about entitlement and money. Bit like the Deep South and the colour bar, but dressed up nice.
T’was ever thus, leave your money on the table on your way out, and don’t clutter up the infrastructure.
Given the perpetually ill-suited field of candidates in our district, it seems unlikely our household will be able to cast our individual votes in good conscience this election cycle. However wasted those votes might be, there is a place for a non-commercially-motivated, rationally-thinking, corruption-opposed lobby group comprised of united “Paper” and “Birth” Caymanians to participate in the democratic process by way of special petitions. Our household would gladly lend our names and elector numbers to petitions that aim to raise the standard of behaviour in our government. This article highlights just another example of why these tools are necessary. We simply can’t expect the usual assortment of self-reporting bureaucrats to autonomously do the right thing. They need to be compelled to move by a show of hands.
Wish I could like that comment!
The applicant and the Chair of the Planning Board having the same last name has no bearing on the decision that was taken……And why do Native or Generational Caymanians always seem to ignore their ancestry, almost cherry picking their lineage as if it started solely on the Island? Thompson of course having English / Scottish origins.
We would rather they ignored those origins given their behaviour
Mrs. Trump at it again.
Just remember Hurricane Michelle, then watch the weather in the upcoming days… In about 10 – 14 days, we could have a repeat, then see what happens to the Thompson building.
I have to get me that Crystal ball of yours….or do you have a direct line to the Good Lord?
Hey, like most weathermen, I can be wrong over 50% of the time… But if it happens, you heard it here first.
If he doesn’t, go to Anthony Eden for the latest update.
Third world all the way. In a developed country the law is on your side. On this third world island the law is what they say it is period. You can not fight ignorance with fact or law and win.
Thank you Mary Thompson, for showing your true colors. I will now know how to interact with you.
Whom may I ask is The lucky Mr. Thompson?
Norgberg Thompson – he passed away about ten years ago.
Ah right. The bakery folks
Alden you better remove those CPA members or they will cause you to be removed.And lets get that Judicial review going.
don’t worry Chris a good old time nor’easter will take it down for you
How is a nor’easter going to affect a building on the west side? I think you mean nor’wester, and yes won’t it be lovely when a big storm smashes up the septic tank and spills the shit all over the fish market.
A lot of people have been mistreated and land stealing from the Planning Department and its Ministry.
Go Mr. Johnson fight for your rights all the way, We will be there to fight with you.
I believe one of my great great grandfathers was from Ireland and another was from Africa. I guess that makes me a non- paper Caymanian. I have always held the belief that once someone is granted Cayman status that he/ she is indeed a Caymanian even though some still think they are something else. Sometimes they themselves think they are something else. However it never cease to amaze me how no matter how much money someone possess and no matter how far back they can trace their ancestry they still come accross as ignorant and priviledged which is a very tasteless combination. The planning board really needs a good clearing out. The Premier and his government should act on this as swiftly as they acted on the Smith Cove issue. Do they not care about filth running out in the sea? Where is that brave local girl who took on the Smith Cove people. Did the PPm jumped on it to satisfy the South Church Street/ South Sound voters or do they really care about the environment? Incidentally the owners are members of the South Church Street voters. What a tangle web !!
I have a family member that is going through the same thing where the CPA declined to approved a road that leads from the main road to several houses where people live to be blocked and then they allowed the residence to build a fence and blocked the road plus the fence is six feet high and they are raising pit bulls and have a large kennel in there small yard which we have been fighting for years now and we are waiting to go to Grand Court for a judge to decide on bring down the fence.
So you go Mr. Johnson fight and go with the Grand Court because as 3:46 mentioned those on the planning board have been there to long and need to be replaced.
Good Luck Mr. Johnson
Please let the humane society know where these idiots live.
Why would you inflict the humane society with them? They have enough problems as it is…
THAT IS NOT POSSIBLE! It’s illegal to raise pit bulls (daddy replacements) here.
Since when did anything being illegal ever matter here to a “Born Caymanian”. Different rules you know, they have a hotline to GOD and can do no wrong. At least they think so.
9.47am Of course you have a direct line, leased circuit to the devil.
Could you have him call me
So too, all hinderances are removed to those newcomers in the upper echelon. Its ust that they damper their misdeeds more effectively.
NOT POSSIBLE They have been raising pit bulls for at least six years and it’s right in the heart of West Bay. RIGHT NEXT DOOR TO THE WEST BAY POST OFFICE. And the RCIP – Planning – Environmental Health – Agriculture – Complaints Commissioner – Ministry of Planning – West Bay MLA and nothing has been done about it.
I hope a positive ruling is shown here: that there are no tiers of citizenship in this non-discriminating, all-welcoming Cayman Islands we keep hearing about. Certainly hasn’t been my experience. Go Johnsons!
We welcome you yes,but not for you try and walk on us.
We are not trying to walk on you. But you are in the way.
Ah, so do as we tell you, eh? Hitler was good at that….
Nobody, Caymanian, or otherwise, has the right to contravene or circumvent our laws – who they are/who they think they are is irrelevant.
Walk tall Johnsons!
Yet another reason why the membership of the CPA should be reviewed and all those members with conflicts of interests kicked off? In simple terms what the AG’s office is saying is that the CPA has broken the law so why aren’t RCIPS getting involved?
You are so right 3:46 they have broken the law so many times but it all boils down to the Ministry office. Every body should be replaced
Agreed. But why can the Appeals Tribunal not make a decision.
The Appeals Tribunal is into the same and the CPA and Lands and Survey too.
That letter is shockingly racist and says a lot about its author. In a dispute about planning laws her first recourse is to make it about race and bring up the old true-born Caymanian rubbish.
This is not about skin colour, it’s just plain old fashioned xenophobia. She invoked ancestral privilege and commercial history as the reasoning for advancing her interests ahead of the lowly Paper Caymanian, when they hold the same legal footing. It’s a longstanding and significant headwind for those deemed to be “Paper Caymanian”. It needs to stop.
Xenophobia is racism.
Xenophobia: “intense or irrational dislike or fear of people from other countries.:
Racism: “prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one’s own race is superior.”
There is a significant difference between the two but both fly in the face of humanity.
I think it looks pretty nice. Much nicer than the tents at the fish market on Johnson’s land, that’s for sure.
That’s really rich. Those tents are the best and most frequented tourist attraction in Georgetown. AND!! It’s NOT a jewellery store!!
Have you not noticed how popular it is with residents and tourists alike??
The tents there are illegal and the concrete on the beach. I doubt if Mr Johnson put it there. So why has the CPA done nothing about it. You tell me.
The Compass letter shows the sort of disgusting racist bigotry that some consider acceptable.
Yet another damaging project rubber stamped by the CPA, so are we to assume incompetence, again, or a deliberate ignorance of the rules and law in order to help a fellow developer?
CPA: Of the developers, by the developers, and for the developers. This needs to change.
The latter.
In Cayman there is different laws for different people. It is never a level playing field. There are some who believe that being born in Cayman makes them above everyone else. All this will erode as the “Families” lose power. Their time is coming to an end. The majority of Caymanians have suffered under this illusion.
Those comments from Mary Thompson about the usual “born Caymanian/paper Caymanian” issue are seriously nasty and do nothing to enhance the idea of Caymanians as kindly, welcoming people. Whether she likes it or not, Mr Johnson has equal rights to hers under the Law and he can appeal decisions if he feels like it. No wonder we have posters on CNS posting (sarcastically) “Caymankind”.
Caymankind
How easily we cloak our sense of entitlement in rhetoric, eh Mary?!
Can I drive the bulldozer please??? Pretty please??
I thought when i saw the area of ironshore in front of the cigar store paved with concrete to be a patio that it seemed a little dodgy.
Dodgy, are you kidding. It is illegal. No one can build a car park within 20 feet of the road. The CPA cannot in their wisdom grant a change. The CPA do not understand the law and as usual it is who you know.
Cheers, but i was not talking about the parking lot. It is the area on the water. I can not imagine that the outcrop of ironshore on the water side of the Cigar Shop beside the dock could possibly have been built with a permit.
You are so RIGHT
C’mon Chris make them take it down!
Paper Caymanian