Appeal against Beach Bay hotel fails

| 12/10/2020 | 46 Comments
Cayman News Service
Beach Bay development, artist’s rendition

(CNS): Homeowners in the Beach Bay area of Lower Valley who are fighting to stop a ten-storey hotel being built in their quiet residential community have lost their appeal to the Planning Appeals Tribunal. The decision by the Central Planning Authority to approve the resort has been upheld after the tribunal found there was no breach in the law and it secured a commitment from the developer to expand the beach access in the current plans.

In a long and complex case, the appeal was brought by John Broadbent, who is representing a group of residents who are objecting to the development.

The loss of beach access has been a major concern of objectors, who have also argued a number of other technical points about the development breaching the law. But the main concern for the homeowners close to the project is the scale of the development, which is bound to change their community beyond recognition.

But in its decision, the tribunal said it did not accept that this development is out of keeping with the surrounding area.

“While it is not consistent with the single-family homes in the surrounding countryside, it is in keeping with the zoning which is Hotel/Tourism Zone 2. The zoning is there and it permits development of this nature to be constructed. It is to be noted as well that the development site is large by any standards applicable to local planning decisions and along the coastline and thus could be said to constitute its own area,” the PAT found.

The tribunal also noted that it is difficult to argue that a decision by the CPA would be unreasonable enough to result in an error in law. The authority is not just deciding questions of fact but a series of planning judgements with a broad range of views. The tribunal said the objections were fully ventilated at the hearing and the submissions by the relevant agencies considered. The CPA gets to decide what weight it gives to these issues.

“The authority was entitled to determine the weight to be applied to the evidence before it. The Authority determined to approve the application as a development in keeping with zoning promulgated by the Cayman Islands Government, as a project of benefit to the people of the Cayman Islands as a whole, notwithstanding the concerns and objections of the landowners in the immediate surrounding area. They were entitled to do so,” the tribunal concluded.

Disappointed by the result, the residents in the area have mixed feelings, with some believing that, given the current circumstances, it is unlikely that the project will now happen after all.

Bishop Nicholas Sykes, who lives close to the site, said that Cabinet’s decision to rezone an individual coastal section without any oversight from either legislature or the civil service is what is fundamentally at fault

“When the Executive ‘goes rogue’ on the community, the community needs to find some way of reining them in,” he said.

“The result of this fundamental breach of good government… is that the necessary institutions like the CPA and Planning Department become supine through their enforced powerlessness, and this results in absurd ‘findings’ such as that a ten-storey coastal structure is ‘consistent’ with an area such as this one. They’ve patently lost their marbles. Why? Because the Executive in a dictatorial display of power effectively trod them down to the ground years ago,” Sykes added.

See the full details of the appeal and decision in the CNS Library.


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Category: development, Local News

Comments (46)

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  1. Capt. Kirk says:

    Your own people are the ones who are your worst enemy when it comes to matters pertaining to the will of the Cayman people. Billions of dollars to pass around to “favourite charities” like bank accounts exotic vacations and the like. Wake up. Look in the mirror and ask what am I doing about it,

  2. Anonymous says:

    Vote them out

    • Capt. Kirk says:

      Your own people are the ones who are your worst enemy when it comes to matters pertaining to the will of the Cayman people. Billions of dollars to pass around to “favourite charities” like bank accounts exotic vacations and the like. Wake up. Look in the mirror and ask what am I doing about it,

  3. Anonymous says:

    haha…. you got to love the beach bay nimby’s.
    complaining about dismal real estate prices in their area as well as proposed development….
    go back to your peaceful, quiet treehouse….

  4. Anonymous says:

    Homeownership in the Beach Bay area?? Sounds exciting until you learn that you might not be allowed to come to Grand Cayman and take possession of “your” property. Today it is Covid19, tomorrow it could be something else…

  5. Anonymous says:

    You all keep harping on voting ‘them’ out but you have NO other options to take their place!!
    You’d better get them ready now. It takes a LOT of prep prior to throwing in your hat.
    We need better options.
    START NOW!!

  6. Anonymous says:

    The developers, planners, CPA, DOE and Govt will all find out how unsuitable this site is for hotels and tourism when guests drown from being caught in the strong currents in the area. Show everyone the EIA that was done which included ocean coastal conditions along that coastline which would clearly expose the dangers in that area. The first drowning death of many to follow will be effectively murder at the hands of irresponsible, corrupt and greedy players in this charade.

  7. Anonymous says:

    Slightly off topic but does anyone know anything about the rumors that the proposed condo/housing development on the Breakers Raceway site is back on?

  8. Anonymous says:

    I will believe it when I see it. Beach Bay is neither beach nor bay. This will go the way of the Ice Palace.

    • Anonymous says:

      I thought so too but its about to go under contract with a local construction company. Its apparently happening this time! And with the amount of money lost through Covid, I cant even begin to imagine the amount in concessions that Government has justified to be given or added.

      • Anonymous says:

        Not hearing a peep out of any hotel operator.

      • Anonymous says:

        The owners would be entitled to concessions. They are building hotels in another area other than SMB. If Ryan can get concessions for South Sound for God’s sake and Government has been encouraging Go East, they should ask and should get concessions. What i would like to know is what Govt intends to do about the traffic on that side of the Island!!

  9. Anonymous says:

    Thank you CPA and the appeals board as you all know we need this development and way more. Thank goodness for Mr Thompson & Mr Watler as they know the construction business inside and out.

    • Anonymous says:

      I am no lawyer, but I smell a heaping pile of self-enrichment, abuse of position, and multiple conflicts of interest.

      But that would never happen in Cayman, right?

      • Anonymous says:

        They had no choice but to uphold planning’s decision to allow a Hotel in an area zoned Hotel tourism.

    • Anonymous says:

      What are you drinking?

    • Anonymous says:

      Everyone remain calm and do not feed the troll.

    • Anonymous says:

      They are true Caymanians and not imported wannabees
      Keep up the great work gentlemen

    • Tom D says:

      It needs to be said, those @7:30 PM who decide are naturally well fed.why do you think there are lofty and hefty contributors to campaigns in this country. It is because What they give iin largest surely minuscule to the overall benefits obtained. Now that’s investment for you.

  10. Jonathan Adam says:

    “When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.” – Frederic Bastiat

  11. Anonymous says:

    One look at the drawing tells me this will never be built.

    • Anonymous says:

      So true. They’ve been hyping this pie in the sky project for over 20+ years. Complete and utter BS.

  12. Anonymous says:

    Replacing the PAT with a rubber stamp would streamline the process, cut costs, and in most cases produce no discernible difference in outcome.

    Eliminating the PAT, and allowing people to take their appeals directly to the court would save the cost of the rubber stamp and would also produce just outcomes in a more timely manner.

  13. T.Miller says:

    Well now that Andy Gibb local architect is no longer the Chairman of the National Trust, perhaps he can work on a more environmental design instead of this Jetson looking thing…oh yeah save a tree and a turtle as well when you are at it!

    • Anonymous says:

      An environmental design would definitely be a start and would probably be more acceptable by the surrounding neighbors.

    • Anonymous says:

      This govt despises its people and the environment. The dollar is all they care about. They have already dredged the pool area where tbere was a lot of young marine life. Now its full of sargassum weed and plastic. Another beautiful habitat destroyed. Disgusting and disgraceful destruction. It is so sad to see

  14. Anonymous says:

    Sykes is mistaken. Cabinet cannot approve a
    re zoning. It has to go to the leg assembly and be approved .

  15. Anonymous says:

    Vote every last one of the Cabinet members OUT!! Starting with Alden! Enough is enough!

    • Anonymous says:

      Every single one of them! Vote them out!!!

    • Anonymous says:

      Agreed! Cayman, we have a lot of work to do next year. Let’s take this island back from these corrupt politicians.

    • Anonymous says:

      5:47, And replace with who? We need a Green Party as developers have all the power in the island.

      • Anonymous says:

        Are you kidding, I could dig up Slokey out of his grave and he could do better than this bunch..

        • Anonymous says:

          Well that’s probably what you have done and passing him as the opposition. So far we have been waiting for a viable alternative and so far its just been Slokey out of his grave. We keep waiting…

        • Anonymous says:

          8:30pm

          Try so be more civil, respectful and kind to the memory of loved ones.

          The gentleman also had a family.

          You are a most despicable and insensitive thing.

          May you SIP Mr S❤️

      • Big Bobo says:

        McKeeva comin back next year. Doesn’t get any better in Cayman and West Bay. We are politically doomed here.

    • Anonymous says:

      Der goes the hood.

    • Anonymous says:

      Roll call for 26 May 2021.
      Please clearly denote your candidate of choice with an ‘X’ within the lines of the designated box on your ballot. Any other marks on your ballot that do not fall within these lines will invalidate your choice. Place your completed ballot inside the clearly designated ballot box located at your polling station. Please abide with all laws and regulations applicable to your role as an elector before, during, and after exercising your rights on the date above. Please report any person in breach of such laws and regulations to the authorities immediately.

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