Stalled NWP development gets OK from new CPA

| 16/12/2021 | 88 Comments
Aerial Imagery showing fissure (circled in red) and the application site. Image included in DoE submission

(CNS): A 5-storey oceanfront apartment complex of 32 units, three swimming pools and a roof terrace has been given the green light by the Central Planning Authority in the face of objections, environmental concerns and the excess height and scale of the project that led to the previous board denying the application.

According to the recently published minutes from the CPA’s 24 November meeting, the members were “satisfied that the massing, scale, proportion and design of the building are consistent with the residential development traditions of the Islands”, in complete contrast to the findings of the board in April.

Claire and John Upperton, whose family home is right next door to the proposed development, told CNS they plan to appeal the decision since the current CPA has said the exact opposite about this application than the previous board, even though the size and scale of the project has not changed.

“We are very disappointed and don’t understand how the CPA can arrive at such opposing views on the project,” the couple said. “The plans may be different but the height, mass and scale of the project has not changed. The size of the buildings and setbacks are the same. The CPA previously stated that the scale of this project was not in keeping with the area and that the location was not suitable for this type of apartment complex, but this CPA has said exactly the opposite.”

The background to this application is set out in the minutes of the November meeting, which show that the former CPA, chaired by Al Thompson, had turned the project down for a variety of reasons and that the board members at the time were concerned about the scale of the project.

The previous CPA members said they were “of the view that the mass, scale and height of the proposed development are not harmonious and compatible with the existing development on the adjacent properties which are significantly smaller buildings in terms of mass, scale and height”.

The board went on to say that “the proposed development will negatively impact the ability of the adjacent landowners to enjoy the amenity of their property due to the visual intrusion and overshadowing from the much larger proposed development”.

The members also found that the location was “not suitable for apartments with the proposed mass and scale which are not in keeping with the character of the existing developments in the area”.

Nevertheless, last month the new CPA approved the application, stating in the minutes that it complied with all of the applicable Development and Planning Regulations and that the board was “satisfied that the site location is suitable for apartments” and that the “massing, scale, proportion and design of the building are consistent with the residential development traditions of the Islands”.

The CPA said that the objectors had not raised sufficient grounds for refusing permission and rejected the idea that the plan exceeds the maximum allowable height.

“The Authority has reviewed the plans in detail and agrees with the applicant’s height calculation. The Authority would note that the roof top buildings are not considered habitable and would not form part of the height calculation,” the CPA stated.

The conditions of approval require the developers of this project to plant appropriate mature trees along the east side boundary that adjoins the Upton’s family home.

“A landscape plan will be required which will ensure there is colourful tropical vegetation and adequate hedging, roadside plantings, and side boundary plantings. Natural vegetation will be preserved where possible and the existing sea views will be respected,” the CPA stated.

No environmental considerations were mentioned other than a requirement that natural vegetation to be preserved, despite submissions by the Department of Environment regarding the natural ironshore fissure on the site and the vulnerability of this coastline to storms and high wave activity.

“This stretch of coastline has a history of coastal property damage during storm wave action,” the DoE had said in its submissions, as it recommended that the setbacks be the greatest possible for the project and that the developers use climate change resilient design features.

In the revised plans the development has been moved back marginally, and the developers told the DoE that “the ground floor of the property will be treated as ‘wash-through’ in that it will be sacrificial”, with the applicant prepared to replace the interior of the ground floor if a storm resulted in total or partial wave inundation. However, it has not been designed as a piled structure.

The revised plans moved one of the buildings further from the split in the ironshore, though the DoE warned there was still a small overlap. But according to the applicant, engineers have said the split does not pose a threat to the structural integrity of the project.

The fissure, however, raised further concerns about the impact on the protected marine environment in the area. The DoE point out that construction debris and material falling into the fissure will be carried out to sea and as a result further precautions will need to be taken throughout the construction period.

“We have experienced other developments along the coastline inadvertently polluting the marine environment from wind-borne debris,” the DoE said. “Practices such as sanding down Styrofoam which is used as part of wall finishing and window moulding can result in Styrofoam beads getting blown into the sea in significant quantities; these beads are very difficult to remove once they enter the water.”

As a result, the DoE said, if the CPA did give this project planning approval, under the National Conservation Act, the National Conservation Council was directing conditions that the split or fissure in the ironshore should not be filled and any work on it should be the subject of a separate consultation with the NCC.

The order also directed the developers to keep construction materials at least 50 feet from the water’s edge and screens would need to be erected during any sanding or breaking down of Styrofoam.


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Category: development, Local News

Comments (88)

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  1. Anonymous says:

    The Panton/PACT Clown Car is a gift that keeps on giving. They control board membership and this flip-flop of decisions is well indicative of the abysmal quality of the people they want on the CPA. Tapping around in the dark with a white cane as they are doing regarding Covid policy is how this government handles just about everything. Is there anything the Clown Car occupants are handling with even a modicum of competence?

  2. Anonymous says:

    Everyone from here seems to know what to do but just can’t do it themselves and then can’t understand why it won’t get done their way while the world goes on without them. How confusing that must be.

  3. Anonimous says:

    Its amazing how we always begin on a path of thinking about the future and coming up with briliant ideas only to drift off on trivial topics and development.

    Everyone wants a hotel, apartment or a condo on seven mile beach, but no one has or is paying attention to the Master Ground Transpertation Plan, Vision 2008 or the Go East initiative.

    Since Vision 2008 and the Master Ground Transpertation plan, we have for once seen a sensible plan with the Go East Initiative.

    It calls for over 14,000 new Hotel Rooms or 5,000 Apartements, Cottages or Bed n Breakfast on the 50% of undeveloped land locked property on the island that is still mostly owned by Caymanians

    We have over 1,000 High School Graduates graduating each year with 70% to 80% seeking employment after graduation and our economy is not growing or creating jobs

    In other words, with most of the worlds Baby Boomers of the 70’s & 80’s who invested, spent and built developments like hotels that created jobs, who are all now retired not spending, investing or build businesses and hotels to create jobs.

    So we are all faced along with the other increased people facing poverty from that was increased from 88m to 124m over the past 10 years because employment opportunities are being deminished now face living poverty or unemployed

    Our Department of Commerce & Investment only deal with issuing business license and collecting fees, where it should have been expanded to take on-board the responsiblity of the Master Ground Transpertation Plan, the Vision 2008 and the Go East Initaitive to attract investment or allow land lock property owners in North Side, East End and Cayman Brac to be able to access funding to build hotels, condos, a proper water attraction park and businesses in-land on the water with dredged canals from the North Sound like Dart did with Camana Bay, to create jobs and give Seven Mile Beach a break on development

    Lets face it, the reason we have so many stay-over visitors increasing year after year is because they come to enjoy the sea and the sun and most of return to buy a condo on the beach

    We have the infrastructure in place, our air-port has been expanded to cope with 500,000 passengers a year, but uncomfirmed news outlets advise that we have been sering 1,000,000 passengers a year from 2017 to 2019.

  4. Anonymous says:

    The main road now is really Elizabeth street you cannot even get to drive to your gate without have to wait for a million vehicle to past.the drivers don’t even have enough respect for the people living on that street Elizabeth street now becomes a race track and no one cares.however we do hope our members of Parliament will try to work with nra or whoever that he needs to work with to help cut that flow of traffic.yes caymanian buy property again in their home land because it’s been sold for prices out of their budget because they don’t want caymanian to own anything.

  5. Anonymous says:

    One improvement you could make is to require the CPA to publish the members’ votes in their meeting minutes. Start having some accountability. A simple and easy change. Should do the same for Cabinet meetings.

  6. Anonymous says:

    Mr. Pairaudeau and his jolly band!

    And Wayne is powerless to do anything. McBeater in control.

    Expect more.

  7. SMH says:

    Jay Ebanks as minister has appointed some real jokers who haven’t a clue. This decision is even more evidence. Premier needs to fire Jay and his CPA members now. Their decisions are a direct contrast to positions that PACT have publicly stated. Looks like developers own this minister the same way they owned the last one. SMH

    • Anonymous says:

      I agree. I sense big Mac is running the show here. Wayne doesn’t have the support to make the changes needed. Its every minister for themselves.That’s what happens when they all have different policy views and opinions.

      • Anonymous says:

        The curse of Single Seat Constituencies/First Past The Post/Winner Take All Electoral System – in Caymanian – “One MAN One Wote”….
        The scourge that has DESTROYED our Islands’ politics to a degree and a depth that the ogre it was designed (foolishly) to stop – Big Mac and The French fries – could never have done.

        Until there is electoral reform with multi-seat constituencies and a broader choice of who can run for office – ALL citizens, we are doomed to levels of ineptitude not seen anywhere else, this side of Uranus.

  8. James says:

    This is the board that PACT appointed. Serious questions about why this was approved need to be asked. This is the complete opposite of what we were promised, no accountability, no transparency. Just silence from Wayne and his ministers. If they were serious about this they would shake up the board.

  9. Anonymous says:

    Most of these comments are ridiculous. Cases don’t matter. We have known we will all get Covid some time. If you are boosted or even with two jabs you likely won’t die. We have rules to as best as possible prevent unvaccinated coming here and freely spreading it or filling out hospitals. What more can we do?

  10. Anonymous says:

    Wayne – I was once a believer – but with this, and the myriad of other ill conceived, monstrosities, that are allowed to manifest under your watch….I feel so betrayed, so disappointed….

    I foolishly thought more of you.

    This island will sink under the weight of the blight of banal buildings and concrete creations that are straight out of Coral Gables, not Cayman.

    Take it all in (what’s left of it ) while we can.

    Soon, the sea will not be seen from the road nor will the sun shine on large tracts of shadowed scapes. So Sad. So preventable with forethought.

    • Anonymous says:

      We wanted change. We got it.

      • Anonymous says:

        No, YOU wanted change and believed a band of mostly unemployables would deliver your dreams.
        Now you see whose dreams they’re promoting, their own.

    • Anonymous says:

      Silly talk. It’s nice to see that local politico’s have sobered up long enough to see that the revenue a well executed project like this brings to our Country will have far reaching benefits for everyone. This idea that “Wayne” and an army of environmental knights would ride in and freeze all development, taking our economy back to subsistence era of seafaring and turtling, was frankly absurd. We need people to build things and to bring people with money here. Anyone who says otherwise truly has their head up their ar$e and doesn’t understand which way the wind is blowing or the consequences of their desires. Without development this Country is doomed. Summary here: https://www.youtube.com/watch?v=0cAtvkjWRQU

  11. Anonymous says:

    If you think that this one is bad take a drive on Elizabeth street in west bay and make a stop right at the building where Kay’s fabric or Parsons air conditioning was located and look straight across on the apartments that is being built and then you have something to say.no privacy for the house or even the Kay’s building have

    • Anonymous says:

      That land was for sale for years. Not one Caymanian bought it.

      Take what we get. We too foolish. I live and born on Elizabeth St.

      Look at the mess James Bergstrom made of Elizabeth St. It is now a highway.

      • Anonymous says:

        Don’t care who bought the land, the point is that the planning laws should be obeyed.

        • Anonymous says:

          3:26 pm Exactly! And that’s why the application was approved…..because it OBEYED the planning laws.

  12. Anonymous says:

    Y’all thought it would be different in PACT land didn’t ya? Hahahahahaaaaaa

  13. Born Caymanian - feeling blue says:

    Why should any house, condo, apartment, of hotel for that matter, be position along a coastline, or, along a beach? We have a history of making bad decisions. No home, apartment, condo, or hotal should have been allowed along a beach front. That’s why we have little beach access today! These foreign folk just come the other day and build their structures, and put no tresspass signs. I hate it! This is really a case of pot calling the kettle black!

  14. Anonymous says:

    I live on NWP and this is the second approval of 3 high-rise condo projects in the pipe-line – apart from the 4 built over the past two years. I’m considering buying a drone to get a view of the sea from here on!

    Cayman residents, please remember that PACT has officially announced that development/construction and finance will be the biggest economic drivers under their watch. So please don’t be surprised by all these approvals – despite whatever environmental position Wayne Panton my have HAD!

    • Anonymous says:

      Thank God PACT gets the economics at play and isn’t torpedoing the development this country needs.

  15. It is a shame that this being allowed and why so high.Whatever is situated on the top be it habitable or not it is still part of the overall height of the property.
    Just to touch on another problem the flags cemented into a public side walk in front of FIN.They have made a poor effort to appease wheelchair users but power syeering will be needed to negotiate the turns to get up on it.How can planning allow these flags to sit smack in.middle of the sidewalk.Wheelchairs if they can get up there will be stopped by the flags.Tis a shame that maybe ONE of them will be in a wheelchair in the future plus maybe one or more of the owners as well.
    FIN TAKE AWAY THOSE FLAGS.

    NOW!!!!

    • Anonymous says:

      a) that is not a public sidewalk and,

      b) no one in a wheelchair in their right mind would be cruising down that road. One can barely walk on that narrow road!

    • Chris Johnson says:

      Thank you Peter for raising this point. All over the island sidewalks are blocked which makes it difficult for pedestrians to pass by. it gets worse on North Church street where motor vehicles including taxis park on the sidewalk by Balboa Beach and the fish market.
      However the traffic laws contain a minimal setback for signs to be erected from the road. I believe it is eight feet. Thus those flags are in breach of the law. Enforcement do absolutely nothing.

      • Chris Johnson says:

        Section 16 of the Roads Law covers encroachment on sidewalks where fines up to CI$5000 can be imposed. That would be a nice revenue raiser.
        Some time ago the NRA did issue a warning notice on the subject. Now we need employ enforcement under the watchful eye of the minister in charge.

    • Anon says:

      Fin is “the last word in luxury” as long as you don’t use a wheel chair.

    • Roger Davies says:

      Peter I made exactly the same comment the other day.Also compare their sidewalk with those of the two condo developments on either side, Fin’s is of minimal depth and width and without paving slabs on the roadside, they could not get any cheaper!. Shame on them. This development with it’s Berlin Wall instead of proper landscaping should never have got planning permission in the first place.

  16. Anonymous says:

    So let me get this straightened. PACT spends 21 million of our money to try to save the beaches at the south end of SMB all the while letting this environmental disaster happen in the north end. So ridiculous you couldn’t make this stuff up

  17. Anonymous says:

    The island need to step up and change the politicians. How can we have a dump truck driver appointed to a Minister.

    • Anonymous says:

      When will people realize that the issue is not the politicians.. its the system and the people. No matter who we put in power, they will use to enrich themselves and those that pay them under the table.

      The system cannot be reformed and there is no right person or party to give power to. Power corrupts. There needs to be substantial change of attitude from the people. Less power given to government, less centralization and less consolidation of power. In my opinion, thats the only way to effective change.

      • Anonymous says:

        The bottom line is that you could put anyone out in front and call them the premiere but they will always have to answer to the big families and big business. That is a sad but unavoidable fact about a place as small as Cayman.

      • Anonymous says:

        The only answer I must reluctantly say, is direct rule from London to clean up the mess once and for all.

        We are incapable of helping ourselves.

        • Anonymous says:

          Direct rule by the residents of these Islands? Just requires an app or website to vote or raise any requested change of policies. Replace the MP’s with administrators of the public

      • Anonymous says:

        Well said. I couldn’t had stressed it any better!

    • Anonymous says:

      When the talent pool of Caymanians is so small you end up with a dump truck drivers as Minister.

      Our greatest politician McKeeva Bush was a gardener.

      The best and brightest we have.

      • Hancock says:

        Bush was a great gardener. He reminds me so much of Chancey the gardener played by Peter Sellers in the movie Being There. I recommend all watch it.

        • Big Bobo In West Bay says:

          Hancock, The greatest gardener in the history of West Bay.

          The only gardener ever to become a God there. Unbeatable by anyone.

          Chauncey was fictional but McKeeva is for real.

          Sad but true.

          • Little BoBo in West Bay says:

            Chancey may have been fictional but he was honest and had wisdom, more so than Bush. Chancey was a man for all seasons and understood the politics of life. His innocence portrayed the working man.
            Bush portrayed something totally different , that of a person totally, self centered and economic with the truth as evidenced in the media supported by court findings.

            Chancey bumbled along in fiction whilst Bush bumbled along in reality.

            There lies the difference.

      • Anonymous says:

        When the opportunities are limitless for any half intelligent Caymanian, why would any go into politics. Don’t fool yourself, there are bright and talented Caymanians – all making fortunes in private business. Rarely does the country get the benefit of someone such as Roy Mctaggart prepared to serve the country instead of building a greater personal fortune. The result is we have clueless self interested elected to office who have no capacity to lead.

    • anon against ignorance says:

      8.48am Only one!, we should be grateful.

    • Anonymous says:

      17 @ 8:48 am – “How can we have a truck driver appointed to a Minister”. Exactly! But it should be how can truck driver be elected in the first place…or an ex-drug dealer who has never held a job, or….on and on.

      How? Why? Because the majority of the electorate are morons who care only about the hand-outs they and their families get from the elected morons in this populist shit show!

      My choices last election were McKeeva or Mario. I didn’t vote!

      • Big Bobo In West Bay says:

        11:03, Well obviously you are one of the morons. With a choice between McKeeva and Mario and you didn’t vote?

        Your judgement in evaluating candidates is very limited.

  18. Anonymous says:

    100% correct 4:56pm still doing their bidden people in court charged with numerous offences still sitting on the board , the common denominator LODGE member! When is this Bulls@%!going to stop Cayman ??

  19. Flabbergasted says:

    This is about as dumb a decision as I’ve seen in my 22 years on this rock.

  20. Daniel Johns says:

    Again, money talks.. and bull excrement walks…

  21. Another Bad Decision says:

    Wonder if they will add neon blue lights like that casino/ brothel in South Sound

  22. WBW. Czar. says:

    Finally, private property development rights win! All the chicken littles need to stand down!

  23. Anonymous says:

    Stop ruining our beautiful ironshore!! The building setback should be increased in order to protect our beautiful coastline.

    • Anonymous says:

      10:03 pm But the application complied with all planning laws and regulations? What say you now? Kill the developer? or change the damn laws?

  24. Anonymous says:

    #sustainabilityandclimateresiliency

  25. Same puppy dog says:

    Same puppy dog

  26. Anonymous says:

    In the background, there is a chant – U D P! U D P! U D P! ….

  27. Anonymous says:

    Is Environmental Wayne and Bulldozer Jay on the same team? I guess this must be JonJon’s first Secretarial job since he moved across the aisle.

  28. Anonymous says:

    The only hope to stop these things is Mother Nature. No ill will wished on anyone, but Mother will come around eventually to make things right.

    • Anonymous says:

      The only hope is the establishment of a Green Party. Young people will have to do it though as the old boys and girls have all been bought off.

    • Anonymous says:

      The next Ivan is coming next year. Just look at the ever growing temperatures in the Atlantic. Scary as hell.

  29. Anonymous says:

    Protect the environment lol

  30. Alberta says:

    Another awful Fin Cayman. At least there is a requirement to keep the building waste away from the ocean. Did Fin ever respond to the petition addressing the building waste damaging the marine park? It had over 980 signatures.

    https://www.change.org/p/dale-crighton-protect-cayman-s-reefs-from-construction-development-damage

  31. Anonymous says:

    Caymanians complain that expats are ruining the Islands, yet is is their elected representatives that keep appointing boards that approve these projects.

    • Big Bobo In West Bay says:

      Caymanians are our worst enemy.

      Too many Caymanians feeding at the money trough.

    • Anonymous says:

      TRUTH!

    • Anonymous says:

      Yeah bobo and its Caymanian that are selling the land to these people.

      Its also Caymanians granting duty waivers to them.

      Its always easier to blame others than it is yourself. But hey, who doesnt know this already.

    • Sarasota Steve says:

      One of the things that amazes me about the Cayman Islands is that expats get so much blame for matters related to real estate development while the Caymanians have all of the political and decision making power.

      For example, it was Caymanians who approved 10 storey building limits a couple of years ago not expats.

    • Anonymous says:

      5:00 pm What a moronic statement. Blame the board for approving projects that comply with the laws? Maybe you should consider blaming the politicians for not changing the laws.

  32. Anonymous says:

    I keep saying that Board is no different from the other ones. you can’t stack them with the likes Of Ian Pairadeau and Handel Whittaker at the head.. A PPM member and a DART appointee does nothing to change the mindset of this board.

    Jay Ebanks, needs to step up now and change this board because they are working in direct contravention of what the PACT Government has and continues to indicate that they don’t want..

    There are many of these same type within the Tourism ministry and the are doing nothing more than undermining the Government. I was in Cayman Brac and overheard a conversation between a civil servant and a past PPM member that I thought very disrespectful and very unbecoming of someone that reported directly to a current Government Minister. Many of these same civil servants are still in bed with the former PPM Government and a shake up needs to happen.

    • Anonymous says:

      Please! Done blame the PPM for what this PACT Board approved. The PPM board apparently refused the project last year. Read the article. Blame this Government for the decisions of their boards. Chuh!

      • Anonymous says:

        They are all the same – no different. Cayman just recycles their politicians.

      • Anonymous says:

        You didn’t get the gist of the Poster..This appointed board may have different faces but same political ideology as the PPM..we need to change the ideology not to mention laws but putting warm bodies in seats with the same focus does nothing to effect change..

        Time for a shake up as far as I am concerned.

    • Anonymous says:

      Totally agree, I know the PACT Government is trying to inclusive but they need to understand that PPM has already radicalized these people and they are basically there to sabotage the Government. Remember Alden gave the PACT Government less than a year to fail and he knows how and where to put his plants where they do their best work. This is happening even at the Chief Officer level. PACT needs to get their head out out of the sand and make some serious changes because some of these PPM loyalists mean them no good.

      Jay might as well had left AL’T in place because we always knew he kept his rubber stamp handy. Ian and Handel couldn’t care less what the Government wants. They are following Alden’s agenda, remember what he said, more development is needed..https://caymannewsservice.com/2021/02/more-development-needed-says-mclaughlin/comment-page-1/

      This is not the first time that there has been calls to change that board and if it doesn’t get changed soon many of these Politicians will pay the price.. Alden hasn’t given up yet..

    • Anonymous says:

      Did anyone actually expect Jay to do anything that KiKi would not? Development related decisions made after elections generally have nothing to do with election promises and more to do with who gets what for bending/breaking/changing the rules in favour of developers. I have not heard of any of the 32 units going to a ‘decision influencer’ for ‘consulting services’ but that may be because I have not been listening.

    • Anonymous says:

      4.56 you’re blaming the PPM for this..? It was turned down under their administration !
      Now you see UDP in action.

    • Anonymous says:

      Waaa stop the crying the problem is PACT not the ppm

    • Anonymous says:

      PPM, UDP, or Unity it doesn’t matter, the players are corrupt, players on stacked boards are shuffled stacked or switched out. Shills are strategically placed to exploit any and all opportunities that provide their handlers (applicants) with a super smooth route to approval. Bending or outright flouting of laws is the norm, hell some of the meetings are even scripted, the real meetings are done behind closed doors by the chairperson and their deputies. Any straight shooting players are quickly switched out if they don’t tow the line.

      Many of the players are obvious stakeholders who personally benefit from contracts on the side usually by proxy companies to keep it seemingly above board. This company fronting for that one, and visa versa and so one. This is not just confined to CIG jobs, the same goes for large commercial contracts in the private sector.

      Anyone who sees the connections knows the whole system is rigged and most players are rotten to the core. If they even have a straight bone in them it soon bends after appointment. Anyone with eyes can see the NCC are merely a grain of sand in the CPA’s boot. No wonder our Ombudsman is packing her bags. On a final note, anyone know if the NCA are still here?

    • Anonymous says:

      16 @ 4:56p – Handel is not necessarily a Dart “appointee” but very much a Jay appointee – payback for wotes! Whaddaya think?

    • Anonymous says:

      A real shame that this project has been approved! Jay (like others in this rag-tag group that Wayne pulled together to gain power) needs to get educated to understand what is truly happening. Meanwhile, there is more of the same and these islands continue to disintegrate.

    • Anonymous says:

      4:56 pm Get a grip!! Make the legislators do their jobs…..legislate. That’s it, they are responsible for changing laws so get them to do that before you blame their boards for making decisions that comply with the laws. This development completely and thoroughly complied with planning laws and regulations. So how is that the board’s fault?

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