FIN project in breach of planning approval

| 06/10/2020 | 116 Comments
Cayman News Service
FIN Grand Cayman development, artist’s rendition

(CNS): Developers behind the FIN Grand Cayman luxury condominium project appear to be in breach of the conditions relating to their planning approval. The Department of Environment has not received the construction environmental management plan or the operations environmental management plan, both of which the developers were required to submit before any work began on the multi-million dollar development.

The final project design was granted planning permission in June 2019 after several years of changed plans and re-submitted applications. The final approval was given by the Central Planning Authority on the condition that the developers follow certain requirements regarding the sea pool, lagoon and artificial beach.

However, despite agreeing to the conditions, the developers have not met these obligations, placing the project in potential breach of its planning approval.

Both Premier Alden McLaughlin and Finance Minister Roy McTaggart have confirmed that the development did receive fee concessions when the project was first submitted in 2015. The details of the fee waivers granted since then have not been revealed, though CNS has asked directly and submitted an FOI request.

One of the main developers of the project is Michael Ryan, who led the development of the Ritz-Carlton, Grand Cayman, which is now owned by one of Dart’s network of companies. But the project itself and the process of development also courted considerable controversy over environmental concerns and the concessions it received.

Part of the concessions included duty waivers that were to be paid back once the resort opened. To date, more than $6 million is still owed to the public purse by the companies that were created by Ryan during the course of the development but which have since disappeared in the credit and litigation melee that ensued during 2014 and 2015, when Ryan lost control of them.

The premier confirmed Friday that this latest project was given concessions when the country faced massive economic challenges.

“You have to look at these things in context,” he said. “The FIN concessions were granted in 2015, five years ago… that has to be born in mind… When you look at it through the lens of a development industry that is flying along and say, why are you giving any concessions? But these things take a long time to work through, as FIN shows. Five years later, this project is still not finished.”

The project is now at the point where the developer has begun working on the shoreline, but it is that work that has brought the development under public scrutiny and concern. The site was the target of graffiti last week, when it was spray painted with profanities.

The DoE said that from the very beginning of this project’s planning history, the department had major concerns about the proposed sea pools and lagoons, which would require excavating the ironshore. In addition to the aesthetics and the damage they would do to the marine park, the DoE noted the real risks they would pose to the development in bad weather.

The first CPA grant of planning permission in 2015 for the apartments was without the sea pools. Another revised application was made in 2017 without them, but there were still problems with coastal setbacks of only 50 feet, exposing the proposed condos to damage by wave action during severe weather, exacerbated by future climate change.

“Building setbacks should be increased to mitigate against this and brought more in line with neighbouring building setbacks, which are a minimum of 80ft and 60ft on locations with lower 3-storey buildings,” the DoE advised at the time. The application was nevertheless approved by the CPA, though the sea pools were removed.

But then in November 2018 the project returned to the CPA, this time with revised plans that included a false beach and the return of a sea pool.

Without enough information to allow for a comprehensive review, the DoE asked the developer to engage with them to discuss mitigation measures to find a way the project could go ahead while protecting the ironshore. The DoE said that without more information it would be advising against the project because of the potential adverse impacts.

“We are of the view that placement of excavated sand adjacent to the sea pool to maintain a beach is likely to lead to the introduction of organic material and other contamination and also do not believe that the artificial beach will survive the wave action and overtopping that this site regularly experiences,” the DoE said.

“Additionally, we are concerned that elevated water temperatures and poor circulation will cause persistent poor quality in the pool itself which will periodically be flushed into the offshore environment.” However, the experts at the department said they “would be willing to discuss revising the application to address some of our concerns prior to formalising our response to planning.”

Offering some possible ways around the worst impact, the DoE said it was ready to help.

After meeting with them in January 2019, the developers agreed to provide more information from their engineers about the pool, the creation of the false beach and general constructionist mitigation measures. But nothing was provided and as a result the department advised the CPA to defer the application.

It was not until April 2019 that the FIN developers provided further information showing an engineering report that suggested there would be no adverse impact on the marine park.

But the DoE remained concerned. “The sea pool is located directly adjacent to a Marine Protected Area. The sea pool is likely to negatively impact the Marine Protected Area during construction and operation,” it said. “These potential adverse impacts arise directly from the construction of the proposed sea pool and the indirect and ongoing impacts associated with maintenance of the pool and beach.”

As a result of their concerns, the department directed the CPA, under the National Conservation Law, to include conditions as part of the planning permission, should it be approved, which the DoE said the developer had agreed to in its discussions with the department.

Outlining what the DoE needed to see, they asked for a construction environmental management plan and an operations environmental management plan detailing the scope of the necessary third-party monitoring. It included the submission of the plans and an agreement in writing from the Department of Environment before any work started. The DoE also advised the developer to remove the artificial beach from the plans.

“It is likely that the sand will enter the Marine Protected Area via flushing and during storm events. The artificial beach will require frequent nourishment and keeping sand at the artificial beach is unsustainable,” the DoE added. “Sourcing local beach quality sand is very difficult and we are not supportive of the use of natural beach sand for nourishment of an artificial beach given its scarcity.”

Worried that their warnings are often ignored, the DoE directed the CPA to include a condition, if it granted permission, for the false beach to allow sand placement only on a trial basis for 18 months.

“During this time, the DoE shall be afforded access to the site for monitoring purposes. If the supply of site-derived sand is exhausted during the trial period, then no additional sand shall be placed at the site,” the DoE said, adding that it also needed a sustainability plan covering the rate of sand depletion at the site, the volume of sand remaining, measures to mitigate environmental effects and preliminary details on sand sourcing and suitability. This would also need to be agreed by the DoE.

When the CPA gave the project the green light in June 2019, it included all of the conditions directed by the DoE. But over a year on and with the project nearing completion, these requirements have not been fulfilled.

“At this point in time the DoE is currently in discussions with the applicant regarding the construction environmental management plan and the operations environmental management plan that they were required to submit to the DoE for approval prior to the commencement of works,” the DoE told CNS this week. “For clarity we have not yet approved either plan.”


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Category: development, Local News, Marine Environment, Science & Nature

Comments (116)

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  1. Anonymous says:

    Just wait until Michael Ryan gets planning permission to add another floor to Fin Cayman. It would be a shame for anyone that has bought a penthouse.

  2. Anonymous says:

    We have a corrupt government.

    In the “Development and Planning Regulations (2017 Revision)”, §38 Penalties: “a person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine of five thousand dollars”.

    That’s it, in plurality, on conviction: KYD$5,000 max civil fine. See page 45.

    https://www.planning.ky/wp-content/uploads/pdfs/FOI/THE_DEVELOPMENT_AND_PLANNING_REGULATIONS_(2017_REVISION).pdf

  3. Anonymous says:

    Only in Cayman does moving sand and rocks improving the place while creating jobs gets you vilified and criticized by do-nothingers

    • Anonymous says:

      Only in Cayman is further concessions granted to a developer who still owes for previous developments.

      Only in Cayman is after-the-fact approval given to these sort of developments with a slap on the wrist.

  4. Anonymous says:

    The question that must be asked is “Why was the WaterMark project granted $8 million dollars in duty concessions in 2017-2018 at a time when the Cayman economy was booming. Why should such a development receive any concessions?”

  5. John Ebanks says:

    Well if their are high net worth individuals that want to buy these condos on the beach or ironshore there will always be unscrupulous developers wanting to profit. As soon as the HNWidiits see the waves they won’t want to buy …..another failed development by Mr Ryan. Actually has he ever finished one?

  6. Anonymous says:

    1. Breach of Planning Regulations.
    2. Another concession (of undisclosed value) to Ryan who owes the Government $6M, which said Government to-date has “had no luck” collecting and will NEVER collect!
    3. Premiere suggest we are not looking at this through the proper lens. I say the lenses we are seeing this through, are perfectly clear!
    4. Digging up the natural ironshore and dumping sand to create a fake beach until the next norwester/hurricane.

    This is so frustrating on so many levels. You can’t make this stuff up.
    There will be no Government enforced price to pay but ‘Mother Nature’ will inflict its penalty for this madness in due course.

  7. Anonymous says:

    Did the architects have work permits or Trade and Business licenses?

  8. Anonymous says:

    Would someone from FIN like to get that abortion of a pothole that is right outside the development fixed properly? Muppets!

  9. Anonymous says:

    Rich people problems…for and against…

  10. Anonymous says:

    And minimum 20ft side setbacks for fire truck access on 3 sides!

    • Anonymous says:

      Private sector strikes again. How could this happen in the private sector. Well a private sector board is responsible.

      DOE and civil service to the rescue.

    • Anonymous says:

      Well spotted 2.59.
      Others have commented on setback breaches which show that there has been a serious rejection of the regulations that every other applicant has to comply with.
      Wish we could know more about bedroom count, number of units and site density permitted .

  11. Rodney Barnett says:

    Simply put a “Stop Order” on the entire project.

    This will quickly cause a positive solution for our sensitive environment.

  12. What's the use? says:

    Suggestions:
    Hold the certificate of occupancy until:
    1. Ryan pays his outstanding commitment re The Ritz Carlton.
    2. Refunds all benefits received and pending from the concession to build the condomenium.
    3. Charge $100,000 for failure to obtain the “Red building plan approval card” from the CPA.
    4. Charge $100,000 per square foot of encroachments
    5. Charge $100,000 for damage to the ironshore.
    6. After adding the above figures make sure that a minimum of $10,000,000 is appliciabke.
    7. Replace the members of the planning board.
    8. Announce who should have been monotiring the construction from the Planning Board.

  13. Jonathan Adam says:

    The question of who is to made the leadership and the membership of the Central Planning Authority has to a decision made by the solely by the electorate. It is the electorate ourselves who have to do what is necessary to demand that it be us, the electorate, who are to install, supervise and remove the membership of the Central Planning Authority. Is there the presence of a solidarity among the electorate which is necessary to now push for these positive and proactive and equally necessary changes? I for one would like to know the answer to that question. What say all of you?

    • Anonymous says:

      True, but in many cases it’s a case of better the devil you know. I know many brilliant, honest, intelligent and dedicated Caymanians, but not many willing to offer themselves as candidates for election.

      • Anonymous says:

        And therein lies the problem. Those brilliant, honest intelligent and dedicated Caymanians need to step up because it seems that only ones that do step up are looking to feed at the trough. Look at the newbies from the last election!! You saw how they fell into line with the ‘way things work’.
        Makes me sick.

  14. anonymous says:

    In many jurisdictions in North America, developers are required to post a bond of several million dollars (depending on the size of the development) to ensure that they follow the planning requirements – height, environment etc. etc. If they fail to do so, they forfeit their bond. It’s amazing how quickly they conform with these requirements.

    We should be doing the same here. Of course, this is never going to happen until the CPA in its current format is disbanded and replaced with those who don’t have a vested interest in doing whatever they want and who have Caymanians interests – social and environmental – at heart.

  15. Anonymous says:

    Per 2014/2015 FS (Adverse opinion)🤨
    ~ Operating Surplus KYD124.9mil 😋
    ~ Revenue concessions and wavers pg.81🤨🧐
    http://www.legislativeassembly.ky/portal/pls/portal/docs/1/12436498.PDF

  16. Anonymous says:

    They can’t inspect every single parcel. It’s the unscrupulous developers at fault who know exactly what they are doing. XXX

    Can you honestly say that building is in keeping with the surrounding area? No. But they approved the plans for it.

    • Anonymous says:

      Side setbacks supposed to be half the height of the building if more than 15feet. Measured by the same blind eye that allowed road and sea setbacks..

  17. Anonymous says:

    Funny how this story hasn’t been picked up by the Bergstrom group over at the Compost..Birds of a feather flock together..

  18. Anonymous says:

    The SIPL/ACC question should be: how does someone like Michael Ryan get permission to spearhead ANY kind of building development again in the Cayman Islands, especially after the train wreck that was the Ritz Carlton (and several earlier ignored development disasters in Costa Rica)? The people of the Cayman Islands literally had to bail out Ryan and partners and backstop his private RBS loan to get it to completion. Particularly galling political overreach, even by Caribbean standards.

    • Anonymous says:

      SIPL ?
      ACC ?

      Progressives picked Sophia Harris, BFF to the Progressives.

      Truth will never emerge

      • Anonymous says:

        If you have actual evidence and not just mere speculation, please confirm that you have filed a report? Every civil servant and every citizen that actually KNOWS about corruption has a legal and/or a moral obligation to file a report. You can do so anonymously if you so wish. If you dont trust the ACC then there are other law enforcement agencies you can file a complain with. But if you dont KNOW and have no evidence and you are just speculating please dont just throw mud and slander others just for the sake of it. It’s disgusting. Be a part of the solution and not the problem.

  19. Anonymous says:

    So once again DOE with their lazy approach to anything they’re meant to enforce, have just noticed that they haven’t received the appropriate documentation.
    The DOE are a joke, exactly what is their purpose if it isn’t to monitor and enforce environmental laws?
    From the planning debacles, chaos on the Sandbar, mangrove removal to poaching and beyond, those responsible at management level need clearing out and a proactive team installed. It appears from here that those in charge are just cruising through and taking the dollar, with no real interest in confronting the issues before them. I have spoken to so many staff over the years and nothing appears to have changed. Morale is poor and effective leadership non existent, it’s time to clear the swamp before these islands are lost forever.

    • Anonymous says:

      If DOE cannot enforce the most basic WIZ rules on a Sunday afternoon at Stingray sandbar I have no hope they can enforce anything else.

  20. Anonymous says:

    When caught breaking previous promises, the usual response to clear the issue is: more promises.

  21. MY Opinion says:

    Make them take it down… NO MORE CONCESSIONS TO ANY DEVELOPER!! EVER> IF THEY WANT TO BUID HERE ADD TO THE INFRASTRUTURE!!! Everyone who lives here has to!!

  22. Anonymous says:

    It should be torn down and the site should be restored to its natural state. These developers need to be taught a lesson.

  23. Anonymous says:

    So much for Alden not wanting to bind future govts with a referendum.

    Yet, these concessions were given by Alden’s govt in 2015 during one administration, and have gone through to another administration (2017 – 2021), and may go into yet another administration in 2021 – 2025.

    Tell me again how Alden and his PPM does not like to bind future govt administrations??

    • Anonymous says:

      I’m still trying to figure why Alden thought concessions were necessary in 2015..particularly to Michael Ryan.

  24. Anonymous says:

    The fine should be $1000/sqft. for any and all illegal construction.

  25. Anonymous says:

    Not CIG nor Planning nor DOE monitor these developments and suddenly wake up after the fact. Its too late now. These developments should NEVER HAVE BEEN APPROVED in that beautiful quiet residential neighbourhood. Tides is another example of what should not have been built. Feel sorry for the people who built their homes and live next to these overwhelming buildings. The entire landscape of South Sound is being ruined. Wasn’t enough keeping it on Seven Mile Beach!

  26. Anonymous says:

    What the hell are we doing allowing Ryan to live in Cayman – let alone allowed back in the property development business

  27. Anonymous says:

    This is all normal. For a third world edumacated Government on a third world island. Give it time. They have bought what they can’t pay for. Soon Cayman will have new bosses.

  28. Anonymous says:

    Boycott ALTs. He is the one who gives the approvals

  29. Anonymous says:

    CONCEALED CONCESSIONS are tools of a political agenda. TRANSPARENT CONCESSIONS are tools of economic policy.

    CONCEALED CONCESSIONS in a country with zero income tax, zero corporate gains tax, zero corporate income tax.

    CONCEALED CONCESSIONS TO some of the RICHEST people in the Cayman Islands?

    CONCEALED CONCESSIONS given for what? Jobs? Jobs for who? Cheap imported labour, not for Caymanians or PR holders. Caymanians are not getting construction jobs, how could they? Throughout a 20 year construction boom, there was no trade school during that time to train Caymanians. Yeah, yeah – there was one in the 70’s and 80’s. That couldn’t help all the students in school in the 90s, and 2000s. Cayman only got a trade school when the Progressives’ biggest critic opened one. Inspire Cayman Training.

    CONCEALED CONCESSIONS given for what? Contracts for local businesses? Government foregoes revenues to help a circle of friends make higher profits. Friends, family and donors of the Progressives. The rich get richer, then we give them an MBE.

    CONCEALED CONCESSIONS given for what? Promise of economic stimulus and higher eventual Government revenues? Which revenue? Progressives give away planning fees, infrastructure fees, import duties and possibly stamp duty revenue too. What revenues are going up? Work permit fees. Work permit fees went up.

    DOES ANYONE THINK that any of these developers will not go ahead with their projects if they didn’t get concessions? C’mon. Stare them down. The project was always going ahead, the CONCEALED CONCESSIONS make sure they make higher profits.

    The Progressives give concessions to help the rich get richer; then use handouts and PRIDE clean ups to quiet the poor.

    The Progressives pretend to be honest, ethical and straight, and when you’re not looking, they will do ANYTHING to get in the rich man’s gate.

    • #VOTETHEMOUT2021 says:

      In 2021 the time to vote them all out especially Joey Hew Minister of Commerce, Planning & Infrastructure, the Premier Alden McLaughlin and Dwayne Seymour Minister of Health & Environment will be in the hands of Caymanian voters.

      Never forget what they have all done to this country and the hundreds of millions of dollars in concessions and potential revenue they give away to their friends, political backers and wealthy developers. We must stop the madness.

  30. Anonymous says:

    Progessives have become the UDP.

    From 2013 to 2017 and now 2017 to 2020, what do their actions show you?

    Progressives, the whole lot of them, have become blinded by rich developers promising economic benefits.

    Progessives are GIVING AWAY TOO MUCH in concessions return for TOO LITTLE in the way of benefits to the Government and the majority of the people of this country.

    Progessives don’t care about the middle class or the environment, they care about construction and road paving.

    Progessives are the UDP, CDP. Progressives policies promote INEQUALITY.

  31. Anonymous says:

    The entire system is built on conflicts of interest and exists only to benefit the development cartel at the expense of ordinary people. Everybody knows it and nobody does anything about it.

    There is not a chance in hell that any meaningful sanction will ever be enforced by members of the development cartel against any individual member of the development cartel, no matter what they do.

  32. Anonymous says:

    Is that cement on that ironshore???? Lol. Only in the Cayman Islands. Really tho is that cement on the ironshore??

  33. Say it like it is says:

    They missed Delta but when the next hurricane his home they will be able to swim in their apartments. Bet the developers own the top floor.

    • Anonymous says:

      I’m pretty sure they saw some swell over the past 24 hours! LOL I’d be interested to know the damage.
      People been posting pics of it all over like they’ve never seen a n’orwester!! (which is way worse!)

      • Joey says:

        How about Imparato and rum point? He dug up the beach and building a dock with no permission. He is the worst if all dervelopers

  34. Anon says:

    What I can’t understand is why anyone is surprised given the named developer’s track record? Remember the Ritz Carlton with the blessing of a certain very prominent politician who also benefited from that development changed from a 5 story hotel to a 7 story hotel. And clients who purchased so called “penthouses” in good faith suddenly found that they were no longer the purchaser of what the rest of the world considers a penthouse, but merely an apartment on the 5th floor. What a con! Hope the buyers in FIN are ready to be disappointed!

    • Anonymous says:

      Governor? Please explain.

      • Hubert says:

        Why should the Governor explain? We don’t have direct rule here but we certainly need it now. Things are totally out of control with developers calling all the shots.

        • Anonymous says:

          HE is responsible for good governance. Every time we pick up the scent of something rotting under the rug, and no step is taken to investigate whether there is in fact something rotting, or (where appropriate) what that thing is, then the Governor has some responsibility. Doesn’t he?

          • Big Bobo says:

            That was the case 10 years ago but now the Governor doesn’t have that power any longer. The CIG stripped him of that power a few years ago with major legal changes.

            Very sad.

  35. Anonymous says:

    Mean time in a sub development in Bodden Town I am putting up an 8 ft wall around my $250k house…. Planning be damned!

  36. Anonymous says:

    Does anyone have any drone footage that we can see some aerial footage of the wave action and destruction of their so called beach by the tropical storm?

  37. Anonymous says:

    Well, let’s see what a little Tropical Storm will do to their fake beach or for that matter the property itself.

    I’m not shocked that Michael Ryan is involved but Dale, I am ashamed of you and sick to my stomach about you being involved in this. I expected better. Your poor mother has to read and listen to this and I’m sure your father, God rest his soul, is rolling in his grave. I know this family and they are good people. I just hope Dale does the right thing now and doesn’t ever get involved with Michael Ryan again..

  38. Anonymous says:

    Does anyone know why they were given these concessions? Did Dale Crighton and Michael Ryan really need to get concessions from Government to build this?

    How many other developers are receiving these concessions? Where is the Auditor General on this?

    We need to hold these politicians accountable. We need to have a “recall law” to remove them for things such as these. This is a blatant abuse of power, the use of the people’s money and not to mention the stench of corruption I am smelling..

    This ongoing situation with these back door deals has to stop. As far as I am concerned these developers should be paying us not the other way around. Other developments are going up left and right and usually within about 14-16 months..Doesn’t anybody wonder why this one is taking so long. Ask the question folks, are the concessions for this property being utilized on projects for these developers elsewhere? We will never know because there is no way of tracking these concessions.

  39. Anonymous says:

    Money talks in the Cayman Islands. It is only the small people that have to follow the rules and it is only the small people that are made to pay a price for breaking the rules. Anything that is not in line with the prior approvals will just get after the fact approval and life will move on. This is what every developer and every wealthy person knows about the Cayman Islands.

  40. Anonymous says:

    What is so concerning on how the laws are worked in Cayman. If that was a Caymanian fisherman caught diving up a conch or lobster for food on his table, he would be charged and imprisoned.

    Yet the wealthy gets concessions to destroy our marine parks and makes millions off the sweat and brow of our great grandparents.

    Sad!

  41. Anonymous says:

    Geesh, this shit has to stop..Alden, you and your government are as much to blame as Michael Ryan and Dale Crighton.

    Not only do you give them permission to build a monstrosity in a quiet residential neighborhood but you gave them concessions from the people’s money to build it. The concession to Michael Ryan of all people who still owes the country millions for his past problems with the Ritz..It took them five years to get where they are with building it..Who’s fault is that? It certainly isn’t the people of this country. Blame the contractor but not the people of this country.

    Now Al’T with his big rubber stamp and his gang of developers board will slap them with a mere $1000 fine.

    Why do we the people of the Cayman Islands continue to allow this to happen? Why do we give concessions to these unscrupulous people that owe millions.

    Sorry but this whole thing stinks of corruption and just like every other event of this nature the developers will pay their “after the fact” application fee and continue blatantly destroying our country..

    • Anonymous says:

      Anyone looking into any cabinet status grants yet?

    • Anonymous says:

      Quit crying as we need this development for our country to attract quality investors. CPA chairman and members know this and are very wise men. Stop harassing these quality people.

      • Anonymous says:

        Since when has building condos attracted “quality investors” and “quality people” (whatever those terms mean – rich trash who go to gala receptions and have their photos taken for Legge’s horrible publications?)?

      • Anonymous says:

        Do we really want Chinese investors with strong links to the Communist Party of China?

        • Anonymous says:

          If the goal is to simply sell high end real estate, then we will take money from anywhere. No questions asked.

      • Anonymous says:

        9:16 Put down the weed. Step away from the weed.

    • Anon says:

      Mr Alden and his government has basically sold Cayman out under the disguise of development promotion. Enough is enough, Caymanians are not benefitting, unscroupulous foreign entities are, and it has been at the hands if Alden.

    • Res Ipsa Loquitur says:

      Don’t forget about Gene Thompson the third musketeer. Another puppet king that gets whatever he wants from Alden, McKeeva, Moses, Joey, Jon Jon and the rest of the gang.

    • Anonymous says:

      The Anti Corruption Commission should have the power to subpoena where it suspects corruption.

      • Anonymous says:

        Having the power and choosing to exercise it (or not) are very different things.

        • Anonymous says:

          Since you keep going down this path, can you confirm that you have actual evidence of corruption. If you do can you confirm that you have filed a report with anyone in law enforcement, even if its not with the ACC. If you have evidence and not just mere speculation, have you filed a report? Every civil servant and every citizen that actually KNOWS about corruption has a legal and/or a moral obligation to file a report. They can do so anonymously if they so wish. But if you dont know and you are just speculating please dont start throwing mud just for the sake of it. It’s disgusting. Be a part of the solution and not the problem.

  42. Anonymous says:

    This is a classic case of CIG approving concessions WITHOUT expiry dates.

    These concessions should expire a maximum of 2 years AFTER the date of approval. Alden is correct in saying that 2015 was different and THEREFORE the concessions were relevant to that period.

    Shady characters apply for concessions in difficult times whilst knowing full well that they will wait for the good times to use them!

    Successive CIGs have been suckered in exactly the same way, time after time….

    • Anonymous says:

      I’m not against concessions, but they have to be done right. It would be very easy to include a clawback clause in the concessions, so it reduces the risk to the developer, and initial outlay at the start, but should the project turn out to be profitable then the Government (us) should get that money back. To avoid non-payment you could put a lien on the properties.

    • Jonathan Adam says:

      Frederic Bastiat; “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.”

      John Stuart Mill, 1867; “Bad men need nothing more to compass their ends, than that good men should look on and do nothing.”

      Successive bouts of governmental maladministration have not been ‘suckered in’, they have been complicit as it pertains to any and/or all of these issues and these matters.

      What is erringly termed as ‘incompetence’ is anything but incompetence. Intelligence can and all throughout history has be used in the furtherance of either good, or an evil born of a larcenous greed and an illegitimate lust for power and influence. Wisdom, and a reverence for both the truth itself and an observation of and recognition of foresight is what is sorely and maliciously lacking here. There is no goodness in a larcenous corporate greed which wallows in a morass of deceptive, secretive and disingenuous practices bereft of any semblance of moral and/or ethical compass.

      It is evidence of an underhanded and illegitimate profiteering via the pimping out of and the prostitution of decision making processes to the highest bidders in a cabal and a cartel of commercial and/or private sector interests. This is now, and has been, done at the expense of and to the detriment of the collective interests of and the collective well being of the Cayman Islands and her people and the sustainability of our collective future. Gangster is, is ganster does, regardless of whether they walk on the street or inhabit the halls of ivory towers.

      A very much beholden, subjugated and easily influenced and/or controlled expatriate labour force is one tool which they have used to further their miscreant and inequitable agenda. These tactics of ‘divide and conquer’ are nothing but the subversive tools of blackguard politrickial/public and/or private sector charlatan predators in the furtherance of their own self interested political and/or financial expediencies. As is obvious, this has furthered sociological degradation and disharmony to levels of decrepitude which are toxic to all and sundry. Sociological cannibalization is the new norm. The quality of life has regressed. It has not progressed. One may take one’s asinine and conceited commentary about smoke pots and ‘backwater’ mangrove swamps and unceremoniously shove it back into the dank, dark, stank and disingenuous hole from whence it has come.

      This is the reason for the lack of a real trade school in and of the Cayman Islands for the last four decades. Real stakeholdership and ownership of the Cayman Islands economy does not serve the interests of these Neo or historically significant Oligarchical and monopolistic behemoth private sector interests and those with whom they collude. There is no loyalty in them, except to their own self interested and larcenous greed, and lust for an illegitimate and unaccountable power and influence. The efficacy and viability of Capitalism itself as an economic model is and has been put at risk by way of a subversive perversion. This is a clear and present danger which has to be identified, acknowledged, addressed and rectified forthwith.

      The reality is that the exponential increase of a welfare state has been, purposefully promulgated and implemented, a subversive tool of mass deception used to placate and to mollify and to institutionalize a population who have had real and true and equitable stakeholdership of their own economy dispossessed and surreptitiously stolen from them. The purposeful promulgation of ignorance has been used to deny people cognizance of this burgeoning and destructive reality.

      None of this portends well, or is beneficial to, the medium and/or long term well being of any place and/or people. The parallels, as it pertains to Cuba’s pre-revolution disparities and inequities, are obvious. Those who ignore the lessons of history are destined to repeat it. Those who deny a place and it’s people an inalienable and self evident human right to a knowledge of these historically relevant realities are guilty of crimes against their own people, or those who they predate upon. The preponderance of illiteracy and innumeracy is not a result of ‘incompetence’, it is a purposeful crime against the people of the Cayman Islands in the furtherance of a diabolical and inequitable agenda. None of this is a coincidence. There is no excuse for any of it in any realm of cognitive sanity. As such, there is a dearth of ‘good governance’ in and of the Cayman Islands. This is the truth of the matter, regardless of whom the ‘powers that be’ are now and/or may be in the future, and/or which sector they may and/or may not inhabit.

      Therein be the root of a destructive ill will, from the inside out and the outside in, the very presence of which demands it be ripped out of the ground by it’s cancerous, tumerous and debilitating roots and the hole itself be burnt with the hottest of allegorical, yet consequential, of fires in order to sanitize and cauterize this gaping wound. Band aids of hollow rhetoric and hollow promises born of deception are of no good use. Therein be the dire need to tear down these walls and these diabolically contrived constructs of an illegitimate and inequitable secrecy. Therein be the need to immediately implement the sanitizing qualities of a broadcast daylight into any and/or all of these matters with neither fear nor favour. Therein be the need for a paradigm shift. Therein be the need for a system of real participatory democracy, none of which exists today.

      Willful ignorance, purposeful blindness, tacit self interested collusion, a woefully bereft lack of either quality of character and/or integrity, and a lack of intestinal fortitude are no excuse. I speak to those who can understand these words. I speak for those who may not be able to understand these words, for my love and my loyalty is to them whether they may even know it or not. My loyalty is to the Cayman Islands and her people, to the exclusion of any and all others. This remains so regardless of whether or not one may be a foreign or a domestic (multi generational) clear and present danger and bad actor.

      We have seen Mr. Joseph Hew state on the floor of the Legislative Assembly that commercial and/or private sector interests are once again in secretive negotiations with the government, and that by intentional design of construct these ‘negotiations’ are to be secretively kept from public knowledge and/or scrutiny. This is indicative of a continued governmental maladministration once again putting the interests of monopolistic behemoths in and of the private sector above and beyond the well being and the interests of the Cayman Islands, her people and our collective future. This is indicative of a purposeful dereliction of duty, and far worse, at the hands of elected and public sector officials and the furthered presence of an illegitimate power and influence over decision making processes which affect the entirety of the Cayman Islands.

      We have seen how enforcement and/or application of these ‘concessions’ have not been equitably applied and/or enforced and/or accounted for properly, if even at all.

      The ‘For Cayman Investment Alliance’ was deemed as illegal, and thus illegitimate, by the Auditor General. Yet still, that boondoggle of a diabolical political/private sector malfeasance was allowed to continue. Why is that?

      How and why is it that one such as Mr. Michael Ryan was unjustifiably allowed to enter into any ‘negotiations’ and/or development projects when said individual has proven himself as derelict in his duty to honour and/or fulfill and/or service his financial commitments and/or debts? That is neither incompetence on the part of government, nor is it government being ‘suckered’. It is indicative of a subversive and widespread malfeasance indicative of a nefarious institutionalized corruption which is parasitically consuming the well being and the interests of the Cayman Islands from the ‘inside out’ and the outside in. It is indicative of the ‘pinnacle’ of a toxic iceberg of massive proportion whose bodice lurks underneath a surface of opaque smoke, mirrors and secretive ‘negotiations’, while the interests of and the well being of the Cayman Islands, her people and our collective future are continuously left to unjustifiably suffer, and inherit, an inequitable and unsustainable yet avoidable destiny.

      As such, any talk of the efficacy of ‘concessions’ is null and void. It is tantamount to putting the cart before a one legged horse, and it just as asinine and ludicrous to prevaricate and pontificate from such a decrepit argument in order to justify these fallacies. The system itself is systemically and institutionally corrupt, corrupted and open to further malfeasance at the hands of the corrupters. As it stands today, none of this is and/or has been hindered in any tenable way and/or mitigated by positive and proactive necessary changes to the system. One cannot expect any real and tenable benefit from the concept of ‘concessions’ when foxes are allowed to administer the goings on of henhouses. That is what has to change. The cabal and cartel of bad actors, both foreign and domestic, do not want this carnival of profligate malfeasance to cease. Their modus operandi is diametrically opposed to the well being and the interests of the Cayman Islands, her people and the equitable sustainability our collective future.

      It is incumbent upon each individual, as it pertains to their own constitution as a human being, to decide upon which side of history one will choose to stand. It is incumbent upon us, as a people and an electorate, to demand for and to disallow the continuance of this profligate and destructive malfeasance. For far too long they have been allowed carte blanche opportunity to act outside of the best interests of all and sundry. It has to stop.

      It is time for the leadership of these public sector boards like the CPA, who wield great power and consequential influence, to be appointed by neither Cabinet nor the MLA’s themselves. It has to be a decision made solely by the electorate, to the exclusion of any and all others, as to who is given the privilege of these positions of power and influence. It has to be the electorate themselves/ourselves who install, supervise, regulate and remove the membership of the CPA. They are to be made solely and directly beholden to us, the electorate of the Cayman Islands and to none other.

      Mr. Mahatma Ghandi;
      1)ON THE SEVEN SINS
      “Seven Social Sins; politics without principles, wealth without work, pleasure without consequence, knowledge without character, commerce without morality, science without humanity, worship without sacrifice.”
      2)ON THE TRUTH
      “An error does not become truth by reason of multiplied propagation, nor does truth become error because nobody sees it. Truth stands, even if there be no public support. It is self sustained.”
      3)ON THE “STILL SMALL VOICE”
      “The only tyrant I accept in this world is the ‘Still Small Voice’ within me. And even or though I have to face the prospect of being a minority of one, I humbly believe I have the courage to be in such a hopeless minority.”

      One can run from the truth. One cannot run from oneself.

  43. Anonymous says:

    Yawn, nothing to see here, this happens everyday

    • Anonymous says:

      Yeah…. It happens because we have crooked politicians!

    • Anonymous says:

      5:21pm
      It only happens to the rich. The poorer people trying to build a chicken coop are hassled to dead by the CPA, for a nail that wasn’t hammered in straight. What a tangled web we weave. They are allowed to build in the sea, while others are required to have all sorts of setbacks to build on a piece of land. XXXX 2021 can’t come too soon to sweep the floor clean.

  44. BeaumontZodecloun says:

    Most of us are angry about this, and for good cause. This smells to many of us as yet another case of giving concessions to bad paymasters and allowing money to dictate law.

    What value is law if only enforced toward those who most need it? Many of our laws and regulation appear to only apply to those who follow them. If we are to have sustainable development, the same rule of law must apply to ALL, from the multi-million dollar developments to the one-storey home.

    • Chris Johnson says:

      David about 2% of all bloggers put their names to their comments. It is just a way of life here. By the way a very large number of blogs are rejected by CNS management.
      Many thumbs down are personal and do not relate to the content of the particular subject.

      As an aside my observation is that enforcement divisions are slow to react if they react at all. I made a complaint and it took three reminders to get things done. I also send a polite email to NRA making some suggestions as regards the roads and did not get the courtesy of a response.

      People tend to be lethargic in Cayman and are not prepared to stand up when they see wrongdoings.I guess we bring things upon ourselves.

  45. Anonymous says:

    ….Massive economic challenges in 2015? Interesting

    • Anonymous says:

      Twisted tongue and forked teeth is the name of the game. The one who always talks from both sides of his mouth.

    • Anonymous says:

      I am wondering what ” ecnomic challenges” were present in 2015? As far as I can remember things were pretty good ithen. I don’t have the stats but would appreciate hearing from anyone in the know on this. We need to fact check these people! They throw in nuggets and hope that we swallow hook, line and sinker. Wasn’t he the Premier then? Didn’t his Finance Minister always fold ” not to worry, we had an enormous surplus? It is an insult to give Michael Ryan a concession, doesn’t he already owe us money? They should have to take it down piece by piece.

    • Anonymous says:

      What were the massive economic challenges in 2015? Did I miss something on Island?

  46. Anonymous says:

    We all know this will be approved. What’s government going to do, leave THAT building unfinished?

  47. Anonymous says:

    Michael Ryan received millions in concessions for the Ritz and FIN. Now he resides in SE Asia, couldn’t even stay in Cayman to support a restaurant, supermarket or bar. Disgusting!!

  48. Anonymous says:

    No problem. No doubt After-the-Fact approval already in the works. Disgusting!!

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