DoE: Mangroves could have been saved
(CNS): A property owner who cleared her land without a permit and before planning permission has been granted for a home removed healthy mangroves that the Department of Environment said could have been saved. In submissions to the Central Planning Authority for an application to be heard Wednesday, the DoE sounded the alarm, again, about land clearance and the precedent being set when it is cleared without permission and before advice on conserving important species is given.
The landowner is making an ‘after the fact’ land clearance application and is also seeking planning permission for a house in Cayman Kai. Although she offered an apology, maintaining that she did not know she needed permission, that apology cannot bring back the lost mangroves, which could have been incorporated into the landscape and help protect the proposed structure.
In its submission to planning the DoE said it had gone to review the health of the mangroves at the site ahead of the pending application and found the owner had mechanically cleared the site, including the large expanse of the mangrove, with site works actively taking place.
“There have been a number of recent incidents that the department has noted (with) clearing and site works commencing solely based on the fact that a planning application has been submitted and prior to planning permission being granted,” the department stated in its submissions, as it pointed out the problems this poses.
“This approach to clearing and works commencing prior to planning permission being given and consulting agencies comments being received is an extremely worrying precedent to be set; it removes the opportunity for reviewing agencies to provide constructive comments and feedback on best management practices and recommendations for retention of ecologically valuable flora to be retained, which may prove beneficial to the landowners and wider area,” the DoE said.
With the mangrove now cleared, there is no longer an opportunity for the department to recommend their retention, it noted. The experts pointed out why preserving mangroves on sites set for development is important. Not only do mangroves provide a nursery habitat for fish and other marine life and help maintain good water quality, which is beneficial to us all, they can protect the specific development.
Mangroves and other canal-side vegetation provide a natural buffer that can intercept surface water and they prevent soil erosion, stabilizing and protecting the shoreline.
In this instance, like many others, the DoE said the opportunity was lost to preserve the mangroves, which could have been trimmed to give vistas without them. “There are many examples of docks being constructed whilst retaining mangroves both locally and overseas,” the DoE noted.
What is also causing concern for the DoE and other conservationists is the lack of consequences for developers that clear land long before any permits or approvals are granted. In this case the planning department has noted that the application complies with relevant regulations and is before the CPA because of the unapproved land clearance.
Given the DoE comments, planning has invited the CPA members to “reflect upon the information… as part of the determination process”.
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Category: development, Land Habitat, Local News, Science & Nature
on the flip side, I wanted to keep most of the trees on my land but planning dis approved it, even though the trees where over 20ft away from the property and to add to that, CUC cut a banian tree that looks like had been there at least 30 years because the branches where close to the electricity wires with no notice I just came home one day and the tree was cut. I was and still am furious cant stand CUC.
I’m confused, were you people here during hurricane Ivan? Did you hear or see that 8ft. of sea water crossed this island in the low part of Grand Cayman (swampland)? Almost 2/3 of this island is swampland. I will bet money that the sea water will continue to cross in a hurricane on any lowlands in the Cayman Islands. Only on developed land will there be less water. If we add more limestone on top of the swamp we may save lives in future hurricanes. We only need a 200 ft buffer on the oceanfront. We need to use some common sense and stop drinking the kool-aid.
I acknowledge my buddy Chris Evans’s reply, however, I did not make a statement. What I wrote was that “I thought” wet mangrove was Crown Land. I recall a great deal of mangrove East of the West Bay Road was leased from Government to certain developers., so assumed what I thought. Thanks for clarifying this point, but as others have said, it is odd that a boundary can be 2 feet under water and be considered a boundary for dry land adjoining it. Presumably all land surveyors are certified scuba divers as well!
Good to see you and Chris Evans writing under your own names. Well done. More people need do that.
Does anyone know the name of the land owner or the machine operators? If government doesn’t do anything – society should at least get to name and shame them at minimum 🙁
there needs to be better care and attention with our environment as a whole. Almighty God has told mankind from the very beginning that we should tend and care for it, not destroy it. He is not pleased with the destruction of what He has made.
This story makes my blood boil. It makes me so angry I really can’t find the words to convey how I feel.
Not only have the mangroves been destroyed but the land has been cleared before a permit was granted. Does any other Caymanian feel insulted by this? This just shows the disregard we are held in. It would seem that some people assume there are no laws here or that it does not matter if there are.
This sad state of affairs really needs to be addressed. There is no way to get the mangroves back, so whoever this person is, a very heavy fine should be levied. And the only ones who can do it are the Government. So do your job!
You are speaking as thought the woman who cleared the land is not Caymanian. It does not say in the article who the woman is that cleared the land.
Fine her ass!
You mixed your words around.
It should be compulsory that every Heavy Equipment Operator be provided with proof of permission before any works can commence.
Not that it makes a rats-ass bit of difference these days as I’m sure the planning department are under plenty of pressure by developers and Aldart and his cronies to green light absolutely everything.
In FL a contractor won’t even replace your windows without a permit.
The only way to deal with this sort of behaviour is to bar all development on land where people behave like this – they only care about money and stopping them profiting from their selfishness is the only thing they will care about.
Yes now visit Balboa Beach where tons of rock have rently been dumped in the sea. All ilegal, no DOE or CPA permission. This is a marine park. Where is Government ? Who cares? Balboa Beach must be held accountable.
I’m not surprised at this one bit and believe me it will surely happen again and again. Permit or no permit – They call it progress! Just wait until all of the mangroves are gone, as well as all of the conch, lobsters and other marine life that the tourists come to see!
The water will also become murky because the mangroves help filter the ocean and protect the coast from errosion.
God forbid the day when it’s all said and done with we get another major hurricane rolling in. There has to be a balance. Coastal mangroves should not be allowed to be cleared in mass amounts.
You can have a million laws – if they are not enforced then they are absolutely worthless.
Did the unpermitted Frank Sound landing wall come down? No. Is that normal? Yes. Who would listen to you if they don’t really have to? Everyone. Do your job even if its enforcing the law or quit crying.
Actually, the property adjacent to the Frank Sound ramp is now being cleared for further development.
Truth be told – how many of us are aware that we need planning or other permission to clear out our land? I did not know that so am assuming many regular folks dont know either. Public education is the key.
Enforcement of our laws would be more helpful.
I hear they make great jam
well by that logic, all of Cayman can be saved, Just remove the people. There. no polution, cars, garbage, ect.
Especially.
2:27…..if it weren’t for some of those very people you probably won’t have a house (if you even have one) or your daily meal when on the road. Majority of them are in the labor force which is much needed in our growing economy- so please crawl back into your crab hole.
can you build a crab hole? I don’t think planning will accept it, it’s not aesthetically pleasing.
I object to this remark. CNS you need remove this comment. It is not appropriate.
If she had applied for a permit to clear her house lot, it would have been granted without question. The clearing would have happened exactly the same. DOE had no power to do anything about the mangrove. It’s a house lot on a canal. Why yall want to kill the equipment operator?
That’s like saying that if I had applied for my licence I’d have permission to drive my car so why do I need a licence in the first place?
And, actually, in this case, its like saying ‘I applied for my licence but before taking the test I went out driving, because I didn’t know I needed a licence’. Half of the umbrage here is the sheer arrogance of not following the rules everyone else follows (for good reasons) and then expecting the country (authorities / people) to be dumb enough to accept such a stupid excuse.
I would levy fines and an order to replant all that was removed, and perhaps even an order for land remediation on another damaged site as community service.
Why does the government keep having to continually cut down the mangroves in all of the dykes because they grow so fast it will actually close off all the waterways? Anyone walking along the dyke can see the mangroves growing like crazy continually.
Mangroves will actually take over seawalls and grow around them until it actually destroy the seawalls. I have mangroves on my property and if not managed, they will actually take over all of the waterfront.
Mangroves don’t need any of your assistance or your saving. They grow really really well all by themselves.
“MaNgRoVeS dOnT nEeD sAvInG”
Tell that to south sound’s shoreline then buddy.
And what’s specifically stopping the mangroves from growing in southsound, and what are you going to do specifically do to save the mangroves?
Maybe you should have found someplace else to build, no one told you to build down in a swamp, then don’t like the price nature demands of you been there, go blow your pipe someone else.
I have no issues whatsoever chopping down mangrove (with government approval of course), not complaining.
And the government/planning even approves applications to do so, imagine that! Maybe it’s because they grow back?
Ever heard the concept that pants and mangroves grow back? If you try to expand your mind and education just a tad and walk down any dykes or natural habitat, you will find that: “Plants grow back” Even trees!
It takes years to grow a good and healthy mangroves. They are important to protect the coastlines and canal banks.
A big strip of mangroves has been removed on the South side of the Shores. This strip reaches all the way to the North Sound.
Wonder if planning permission was granted for this removal as well or if this will be another “after the fact” approval?
God help all those houses along that road and even those down that far on Uncle Bob Road if a Hurricane comes.
Check down Tropical Gardens too….
No law has been broken regarding the mangroves – see second last paragraph of DOE report. Don’t believe everything you read. There are always 2 sides to every story and the residential land owner has rights too even if they don’t suit everyone’s taste. Would be nice if this much attention was put to protecting the sting rays and the turtles around our island.
Laws it seems have been broken, including clearing land by mechanical means without permission!
Why are we allowing DOE to put a stranglehold on property owners rights?
Because those property owners’ use of their property affects all of us due to the island geography and small size of Cayman. There is not enough land here for people to do whatever they want, all the time. I am 31 and do not remember a time when mangroves were not of concern. Removing them before seeking permission is more than just ignorance; it is selfish, deliberate destruction of ecologically important plants that help Cayman from sinking into the sea or being washed over by it. It is obvious that this should be limited, monitored and if necessary, controlled.
Agree
Study land law and answer the question yourself omg man the ignorance is killing me
The time has come to make an example of one of these selfish individuals with a huge fine and some jail time, unfortunately. I don’t imagine that someone with the wealth and resources to do this would find prison to be a pleasurable experience, and it would hopefully make others think twice.
I agree with you 6:58pm. The machine operator or his company/employer need to be held accountable also.
Absolutely. Contractors should be held jointly and severally liable, with the landowner, for damage done in the event that they’ve failed to check that the appropriate planning permissions have been granted.
Easy!! Begin by using this as an example. Fine the heavy equipment operator and the property owner.
Could not agree more. Fine the HEO and most likely it will not be a “next time” with this particular operator. The word would spread very quickly that they, the HEO, is also liable should they clear land without the required permits.
The mangroves being an important part of the environment is one of the most underrated statements that can be made. The fact that it was destroyed without planning permission and the cop out excuse of “oops I didn’t know” is absolutely despicable. Knowing how things are here, nothing will happen to her but I say make an example of her.
This is the perfect opportunity to do so. Rake her over the coals, fine her, confiscate the equipment, fine the company that cleared the land and throw in some jail time as well and on top of that, deny her application and confiscate the land as protected area and replant the mangroves. Make it a clear statement to ANYONE who wants to develop, but have no regard for the environment or the laws of Cayman that there will be a price to pay.
This money talks and bullshyte walks mentality has to stop. Start here, start with her. DoE? I hope you have the balls to see this through even though I know our politicians don’t. This has to stop.
The political wilderness that this unity Gang is wondering in will soon be turn into a uninhabitable desert where no one will be able to live in, What a disgrace these @$$#0!& we elected to represent us are!
The only think bewildering about this article is how the DoE could possibly think this is the first time this has ever happened in the Cayman Islands? Mike Ryan did this years ago when Ritz was being permitted. It’s so deliberate that it’s cliché.
CNS: Read paragraph 4. There is nothing in the article to suggest that the DoE thinks that this is the first time this has happened, quite the opposite. Look at the related articles at the bottom of this one, which outlines how this is a long-standing and ongoing issue. CNS also covered the loss of mangroves at the Ritz, with comments by the DoE.
Upvoting CNS’s reply, not the original comment.
prec·e·dent noun /ˈpresəd(ə)nt/
“An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances”
I think what they are trying to say is that subsequent similar circumstances become a pattern, after the precedent is set. Nice that the DoE are finally waking up and speaking out.
With the greatest respect and concern, I’d like to say that if the persons who “didn’t know they had to get permission” to clear land or to build, or to import firearms, etc., etc., whatever the breach of Cayman law or required process they engage in are such morons then perhaps they should invest is some place where laws don’t exist. Purchase a private island perhaps?
These moronic excuses by “privileged” folk are simply bullshit!
Especially this excuse which is ‘I didn’t know I needed the permission I had actually already applied for’. (Since the DoE only went there to check because of the planning application.)
I am shocked to say the least after reading this. I am not an environmentalist wacko but common sense should at least have been thought out.The comments in particular by anonymous really caught my attention. In part it says that the owner should not be allowed to build on the property and the equipment owner’s equipment should be confiscated. My gosh any business that requires a permit and does not verify before starting work should be fined a substantial amount, subject to equipment confiscation and possible jail time. The same applies to the land owner, seize the land, substantial fine and jail time. For every action there are consequences. This should send a message to anyone who attempts this in the future to realize the consequences. I am embarrassed that this type of activity goes on and my Caymanian heritage as a Merren descendant makes sickens me. All of our ancestors would be rolling in their graves if they could see what has happened to their once beautiful Island In The Sun.
May a storm reap retribution for this despicable act.
It will. She’s going to wish she had those mangroves
Not if planning have the balls to deny her permission to ever utilize the piece of land. Let her enjoy it all from a jail cell.
The consequences of those mangrove destruction affects us all,and so would a a storm.
While they destroy our little island’s precious environment and infect us with disease carrying GM mosquitoes our political Dingbat leader and his hoard are in Monaco wasting our money on the promenade Deck fiddling with their egos. Resign Alden you looser! And take unnah dock plans with you too Unity Garbage!
*loser
This is very disturbing, but it seems to be happening often around the North Sound Coastline. I have always thought that “wet mangrove” was Crown Land. Mangroves are the oldest form of plant life on Earth, given they are a natural desalination plant. They photosynthesis and create chlorophyll which in turn absorbs CO2. This gas is a major cause of global warming. In the absence of mountains in Cayman mangroves and other green trees and plants attract moisture and rain. Their continued destruction is very stupid and does not bode well for the future well being of our beautiful Island
6:35….I believe that you are right! Anything at or below the high water mark IS CROWN property.
Mangroves are also “supposed ” to be protected under the NCC law.
I take no pleasure in having to say that I’m afraid that my good friend Mervyn is not totally correct in stating that “wet mangroves” are Crown land. There are small offshore clumps of mangroves around North Sound that are not attached to the land and in those cases the mangroves are generally Crown property. However, where a parcel of land borders the sea the boundary between land and sea is the High Water Mark and where that parcel has mangroves, the HWM is defined as the seaward edge of the mangroves, even though that may be permanently in water a few feet in depth.
That is correct. Illogical, but correct. Thank you for raising this important point.
Chris Evans
So then how is the high water mark defined if the water is 1 to 2ft deep in the swamp from the outer edge of the land/mangroves ?
I would think that is why it Crown land .
Nope. Its just what Chris Evans said.
Lord help us come the nexf hurricane!!!!
We not even getting any rain.
Dont think that some Cabinet Minister didnt point out this loop hole, just clear the land and then apply for “after the fact” permission, sure it will cost you more in fees but you have the cash so go right ahead – money talks!!!
Ignorance of the law is no excuse! A simple “I did not know” is not sufficient and the home owner should be penalized. In this era, it’s difficult to believe such actions can continue without there being consequences.
12:21, Maybe the actions continue because money is more important than protecting the environment. Hey……. we got people in our government that love money more than anything!
Who okayed this? Why is this continuing?
It has no sense to have laws without enforcement and penalties.
Guess who is responsible ?
If no fines are levied or equipment confiscated, this is a sad day for Cayman Islands.
Came to say that the company that did it w/o proof of planning permission is just as culpable and should be heavily fined.
The equipment operator is just as guilty. It is illegal for them to clear any land without planning permission.
It’s also, in my opinion, the operator’s responsibility to provide accurate information about this to the landowner, especially if the landowner isn’t fully aware of all of the rules.
I have turned down many jobs because planning permission wasn’t yet in place. But there is always someone else who is willing to ignore that fact.
This landowner has lost valuable protection for her property, and may well be risking murky water too. Sad.
Who owns the large track of mangroves cleared to the east of Island Heritage round about? It is from the road to North Sound? Did that have a permit? It must be dozens of acres of mangroves gone.
Tony Travers’ company. It has permission.
Remember the laws were implemented for residents. It is not for the wealthy and for those that contribute to the economy financially but wrecks the environment and leaves us vulnerable to storm surges and flooding.
I can just about believe that a homeowner might not appreciate the restrictions on clearing land (though ignorance of the law is no excuse). I totally reject that excuse from the heavy equipment operator. Make them face the potential $500,000 penalty, or at very least, loss of their equipment and the problem is solved overnight!
Cancel their T&Bs.
Actually, this owner ALREADY had the Planning application in (which is why DoE went to the property the article says) so they can’t be ignorant that they needed a Permit since they had applied for it. – Throw the book at them. (Its a thin book.)
Another fine example of our corrupt system giving over to needless destruction of critical natural habitat. Power & Privilege rule OK in Cayman, and it’s easy to see where this will end. Where’s the safety net in the form of back end enforcement to make all developers replant what they’ve destroyed?
Can’t we start doing something with these overzealous heavy equipment operators, if they don’t have proper permitting to clear something like mangroves they should be considered for penalties as well.
We can’t do anything because these overzealous heavy equipment operators have friends in high political places and in some cases, have a direct link with MLA’s and Cabinet Ministers. Sad, but true. This is the Cayman Islands.
I believe the ‘problem’ is that the Planning Law puts the responsibility on the landowner. – Not that it s a big problem. Just fine a few and landowners and we’ll all stop doing this.
Cayman Islands……the lands where locals do what they want and no reprocussions.
You mean the rich, get it straight.
Well there are a hell of a lot rich Caymanians who get away with lots of things with no repercussions.
B.S.
I see your B.S and raise you a Balboa Beach
LMAO
The land of Laws with no enforcement.
Seriously- what a joke! Oops, I didn’t realize I needed permission! Gimme a break! And the heavy equipment operators need to be held accountable when they clear without seeing the planning permission- it’s really that simple! It’s called accountability, something our govt knows nothing about, in any department!!! Enforcement of the laws in place, what a concept that is just too hard to grasp! Mind blowing!! And pathetic!
And will there be consequences??!! Probably not. What a joke.
Yes, she will get her house building permit approved BUT must buy all materials from you know who! Watch who does the roof also!
This happens all the time..just do it and then apply for an “after the fact” approval.
No heavy equipment company should be allowed to clear land particularly mangroves without first seeing the permission from planning to do so..
Planning should fine her and not approve the building of the home..Ignorance of the law is no excuse…period!!!
This is how the Turner home was allowed to happen on Seven Mile Beach and we see the damage that did to our beach..