Smith Cove minutes show no reason for planning waiver
(CNS): Five months after Alric Lindsay began a freedom of information request for an extract from the minutes of a Cabinet meeting when government made the decision to waive planning permission for its proposed Smith Barcadere project, the release of the documents gives no clue as to why it wanted to circumvent its own rules. The project stirred up a serious controversy in George Town South, where Lindsay is challenging PPM incumbent Barbara Conolly. It took a major demonstration, spearheaded by the candidate and other community leaders, to get government to listen to residents and reverse the grandiose but unwanted plan.
Following an appeal to the ombudsman and an order from that office to release the relevant extract, Lindsay said it was “sad that we have had to fight so hard for transparency”. He said the next battle would have been to get the ministry to supply a copy of the gazette notice reflecting the publication of the exemption from planning permission, but that never took place.
The waiver on the planning permission was confirmed by Cabinet in July 2018 and the project was not cancelled until March 2020, and it is still not clear why the decision was never made public through the gazette as required by law. While the minutes show that Cabinet granted approval for the exemption from planning permission for the proposed redevelopment/enhancement of Smith’s Barcadere on Block 7C, Parcels 70, 71, 72 and 81, no explanation for that decision was revealed. To date, government has still not explained why it felt the need to circumvent the usual lawful process.
Campaigners had fought hard to stop government from developing the much loved beauty spot, amid fears the plan was really to offer cruise ships an alternative beach attraction trip to sell in an effort to alleviate the pressure on Seven Mile Beach. It also became apparent to local activists that both Conolly and the planning minister, Joey Hew, had misled residents about their intentions and their commitment to include them in discussions.
Along the way, residents became aware that the minister, with support of the MLA, had planned a major development at the sight without planning permission and without consulting with residents, who were overwhelmingly opposed to any commercialization and development on the site beyond some new bathrooms and a spruce up of the picnic tables. From the moment the site, a beautiful natural cove that needs no enhancement, was secured into public hands, residents had made it clear they wanted Smith Barcadere to stay exactly as nature intended.
The project was eventually shelved in the face of the pressure of public opposition. But the activists involved, including Lindsay, have followed the trail of events that led government to waive the need for planning permission, fail to gazette that decision, hold secret committee meetings and effectively exclude the community from the process.
With no records of committee meetings, the public remains in the dark about what motivated government to pursue a course of action in the face of overwhelming opposition that it inevitably had to abandon.
See all the FOI documents, including the released records, in the CNS Library.
Category: development, Local News, Politics
I would encourage the Cabinet Office to produce a short press release explaining to the public how Cabinet Extracts or Cabinet Minutes work. They are not a record of the discussion, just the decision. IT is important that people understand how Government works. (Then they can discuss if they agree with it or not.)
And what about the “World Class Civil Service” with the Chief Officers and their cronies.
The progressives don’t need anything them and their families are all sorted even senior chief officers in government have had a serious pay increase all to make their re election really sweet ! All they are waiting are the voting dummies to do their Thang and put them back in for another 4 years of good Times and listening to a few complaints from their No use CON Stituents
You all are dreaming fight the power these dummies will go right in that voting booth and re-elect these same terrible politicians yet again and along with those benefiting from Cayman’s misery and their ppm sympathizers who’s hatred for real change will follow suit! They love the destruction and the mayhem that they know is coming on the horizon to their own people because the are conditioned to believe that somehow this government is going to make them immune from the impending danger and effects of it.Even right now they are telling themselves their will be no change in the face of enormous changes to our way of life and the displacement and marginalization of Cayman by others whom they have empowered. Yes Cayman keep sipping the ppm lite Koolaid till it’s too late for our children’s future . On 14 th of April keep voting for these Political henchmen and their false promises keeping voting for our UK Covid 19 so called saviors who are only looking out for Cayman keeping voting for our children future and environment demise keeping voting for the bright election signs and new asphalt on our roads keeping voting for increased prosperity for the the political elite and their foreign friends.Keep voting for the lies that never ever turn into reality for you !
And don’t forget about the great David White. (Just hoping and praying he doesn’t get mentioned)
Wight bro yes he need that $5,000:00 for his MLA office and $12,000:00 grand total 17,000 for doing absolutely nothing,Sorry for visiting old people and taking pictures . Mann I want a job like that !
The fact that the recent disclosure showed no supporting reasoning for the decision by Cabinet to exempt this project from the requirements of the Development & Planning Law is disappointing but not surprising. It highlights the unfortunate fact that Cabinet is free to engage in decision-making without any documented basis of the factors for and against its decisions. This behaviour is then concealed by frustrating the release of the information under the Freedom of Information (FoI) law as Mr Lindsay found out in this case, or by making it prohibited as explained below.
It is a common-sense principle that people are more likely to agree with our decision on something if they know what we know, and less likely to do so if they do not. While FoI systems recognise that decision makers are entitled to privacy in making their decisions, they provide two basic tenets that are fundamental to the proper functioning of a transparent and accountable democracy:
1. The public will have access to the information that informed the decision that they are now subject to once the decision-making process is complete; and
2. Decisionmakers will ensure that they avail themselves of the all of information that they should have before making the decision that is before them.
Indeed, this is the practice in New Zealand, one of the premier democracies in the Commonwealth and the world. As will be noted from the link to Proactive Release of Cabinet Material, NZ https://dpmc.govt.nz/publications/co-18-4-proactive-release-cabinet-material-updated-requirements, New Zealand recognises that
“Democracies thrive when citizens trust and participate in their government. Proactive release of information promotes good government and transparency and fosters public trust and confidence . . “.
In turn, the direction provided by their Cabinet Office states that
“All Cabinet and Cabinet committee papers and minutes must be proactively released and published online within 30 business days of final decisions being taken by Cabinet, unless there is good reason not to publish all or part of the material, or to delay the release beyond 30 business days.”
Hello!
Meanwhile, what has our government of Rulers been busy doing to ensure that democracy thrives in Cayman? Well, they have been gently closing the curtains on what the public has access to. While the Freedom of Information Law (2018 Revision) provided that “opinions, advice or recommendations prepared for proceedings of the Cabinet or of a committee thereof” were subject to disclosure if access to them would “be in the public interest”, that is no longer the case. The Freedom of Information (Amendment) Bill, 2019 removed the public’s access to “opinions, advice or recommendations prepared for proceedings of the Cabinet or of a committee thereof”.
The bill was passed by the LA on 06th December 2019 and assented to on 02nd January 2020.
Take that!
So, going forward, even if Cabinet considers a request from the Planning Consultant on behalf of one of his ultra-rich developer clients, and Cabinet in turn takes a decision to grant a bag of concessions to this ultra-rich developer, the Cabinet Office is prohibited by law from disclosing to the public this recommendation from the Planning Consultant. The same thing applies if the Cabinet gets a recommendation from the daughter of the Minister of Finance to not take any property from the horse place to widen the Linford Pierson Highway.
Not for the public to see or know about!
The Turks & Caicos Islands, which doesn’t have FoI legislation publishes a weekly summary of the matters that Cabinet has considered at its last meeting https://suntci.com/report-from-march-th-cabinet-meeting-p5940-129.htm. We can’t even get that basic information proactively.
Our Rulers believe that they occupy Cabinet to do as they feel for who they feel. We only need to know if it is something that they feel will receive our approval and gain them favour.
It’s 2021 folks!
We can and we must do better that this. Start on 14th April – pleaseee!!!!
Here’s an easy tip: if they are wearing a suit and tie in their roadside sign, don’t vote for them!
Look for the independents rolling up their sleeves ready to fight corruption and do a real job for the people.
You’re welcome
As bad as it sounds the only thing that will save this Island along with it’s Caymanians is a revolution.
The only thing that will save this Island along with it’s Caymanians is a Green Party.
Yeah, sure, let’s have an armed uprising. Those are usually great for tourism and investment. Look how well that’s worked for Cuba!
Dear Governor, how can you sit in these cabinet meetings where decisions are made without reasons being recorded? Asking for a friend.
The Governor’s powers in this area have been stripped by Caymanians the past 10 years.
Yes, but without the Caymanian voters knowing or noticing. Now there is no accountability, and no one to hold anyone accountable.
He could make his view known on the record.
He could insist on real minutes.
Vote out Joey Hew and Barbara Connolly for their lies. We cannot trust them.
And I suppose you can trust McKeeva and his cronies, cos that is what you’ll get if Barbra and Joey gone.
And what did Barbara, Joey, and the rest of the PPM do after McKeeva beat up that woman? Sweet F.A.
When I think of all the wheelers and dealers in Cayman politics I am glad we have a representative like Barbara who has integrity, a concept foreign to most of her peers. A lot of the Smiths Cove property was dense bush, unusable to all except mosquitoes and ganja fans.At least she recognised public opinion on the plan and withdrew it and just thinned out the bushy areas. As for McKeeva only Ezzard was brave enough to confront the convicted drunkard.
The environmental protection fund got used to destroy the last red shank habitat in western Grand Cayman. These are arrogant, ignorant bastards, not leaders.
Ever been to any other part of Cayman..?
Methinks you are the ignorant bastard ..
According to the thumbs, methinks most people agree that 12:27pm is the ignorant bastard. LOL
Your government is as fraud as mine
Lord!! This again… listen folks get over it, move on, find a new cause to fight for like Caymanian homelessness, poverty and hunger stuff like that
This may be news to you, but humans are capable of caring about multiple things at the same time.
Caring yes, continuous Bitch!@$g about the past …no.
Sorry, fish memory. If we dont address these things fully, they will continue to happen. It’s people with your attitude that allow it.
Why ask others to fight for what YOU want? Why don’t you?
The cause here is about transparency – a most important part of a properly functioning society.
You have to remember always that the rules in Cayman apply to the lesser folks only. Politicians and their favoured supporters, the rich, and the Mandarins of the Civil Service operate according to their own whims.
Whatever happens next will serve as a governance test case. Ombudsman has a duty to refer this up the chain to FCU DPP.
What are the cut-off metrics for the lesser folk?
Asking for a friend.
If the people of South Sound want the area to remain beautiful with whatever’s left, don’t relect Connolly. As well as this, where was she when Mckeeva assaulted the woman? Her silence, as well as others, was VERY deafening.
They were ALL silent.
If you don’t vote for Barbra then you know that the new MP will get bought by McKeeva for another 4 years of ……fill in the blanks yourself from past experience of a Mac government.
Even now, the so-called “independent” candidates seem terrified to go on the record to renounce McKeeva’s legacy of despicable actions and his ongoing contempt of court by denying his own guilty pleas, hedging they may need to form a friendly government with him in a few weeks. It’s really revolting that there are so few with the backbone to call a spade a spade. Additionally, any MLA could have filled in the requisite paperwork to formally report his treating event from Dec 26th, put him into a new trial, revoking his non-custodial criminal sentence, and removing McKeeva from politics forever, yet nobody has done that.
Well observed 5.20. McKeeva holds sway over everyone of the new hopefuls.
They will run to his side in return for his shallow promise of 30 pieces of silver.
Like them or not, the only ones who can save us from a fate worse than the Progressives, are the Progressives.
That is utter horseshit.
7.28 You’re correct . Especially the Jamaican politicians who are eternally grateful to Mac for giving their people the vote so that now they’re choosing our govt.
You would have thought Barbara Conolly was my BFF before the last election. I haven’t heard from her since. I suspect she’ll be checking in on me again very soon!
Come on, folks. It was all just a miscommunication. Joey Who said so.
No surprise here, when you pry the lid off of the power of Cabinet to basically do what they want without repercussion you see that there is no discussion or deliberation. Typically one Cabinet member is driving the application, be it for Planning, Duty Waiver or Coastal Works Licence for either a constituent or other interest. The other members go along knowing their time will come when they need a favor. All this comes to light when you challenge a decision either through FOI or Judicial Review and there is no record or substance to most decisions made by Cabinet. They know that very few people have the time and resources to put up a fight.
Hoping she does not get re-elected !
Hoping? Make sure!
She is a total waste of our money. Hopeless cause, she is to Alden what Whogene has been to McKeeva, these people being paid to destroy these Islands, Joey Who need to exit as well.
In return for what, 4 years of McKeeva and all that goes with him?
McKeeva’s got the PPM by the balls, you idiot.
Foolish fool!
She will get re-elected.
Mark that down
In the 2017 election, most people in GTS actually voted AGAINST her. Vote splitting won’t work in her favor this time. And she shot herself in the foot by trying to push the Smith Cove “revamp” and by overlooking violence against women.
Being a PPM member means that you don’t have the ability to think for yourself. Anyone with true integrity would have left the party by now.
People Power! Yeah!