Brac bush removal not approved, officials confirm
(CNS): Officials from the planning department and the Cayman Brac and Little Cayman Development Control Board have confirmed that the bush clearance on South Side Road was not approved and that the landowner has been notified that he needed permission to rip up the bush and foliage that has been cleared. It appears that land has also been cleared illegally on Song Bird Drive, though it is unclear if both properties are owned by the same person.
Residents on the Brac contacted CNS before Christmas as they were shocked to see more natural habitat was being removed and were unable to find out why. No details of the landowners were revealed to us but the properties in question are private and they have been advised the work did require planning permission.
But according to images sent by residents to CNS, the bush on South Side has already been removed, adding to concerns about the level of the removal of natural habitat on the island, often with regard to speculative development.
“We don’t even know what is going on,” residents told us, as they raised concerns that Cayman Brac is the most deforested and the least protected of all three islands. “Those of us living here are shocked that this sort of thing is happening on this small island right before our eyes and no one is able to stop it.”
Local environmental activists on the Brac recently fought and lost a battle to prevent an area near the airport being bulldozed after a private ‘search and rescue’ aviation company, Daggaro, secured planning permission for a heliport, only to pull put and sell the land to Frank Schilling, the former dot.com millionaire turned property developer.
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Category: development, Local News
After getting permission to clear land, we all-too-often see owners misusing the machinery they hire ostensibly to clear away and load manually-cleared vegetation onto trucks by having the equipment scoop up rock and alter the topography of the land, which is not allowed unless they apply for permission to use machinery to clear the vegetation and grade the lot. An excellent workaround that can be implemented by a simple policy statement by the Brac DCB is to mandate that the machinery used to load manually cleared material must be fitted with a claw rather than a blade, scoop or bucket. The claw is far more efficient at loading debris than a scoop or clamshell bucket anyway. There are claw attachments for just about any hydraulic crane, loader, excavator, or backhoe. The design of the claw makes it almost impossible to use to scoop up rocks. I was amazed at how efficient the claw is when I saw one in action when the Government equipment came to haul away cut bush, limbs, fallen trees and debris after Paloma. It filled the DOEH truck in no time and did not carry away or unduly disturb top-fill. That one could even pick up a car with ease.
There are claw attachments for just about any hydraulic crane, loader, excavator or backhoe.
The video in the link below shows an example of such equipment in action. This is an operation in a cane field but the principle is the same. Workers manually chop down the vegetation and the claw loader loads it onto the truck: https://youtu.be/nZVoHCvO6dM
What many here may not be aware of, Government has a dedicated arm for investigating and initiating the prosecution of infractions of the Planning Law and regulations. The Development Enforcement Section is tasked with remedying breaches of the Planning Law. This section handles matters ranging from illegal construction (internal and external) to placement of signs, land clearing by mechanical means, and land maintenance issues; in addition to submitting files to the Department of Public Prosecutions.
If you would like to submit a complaint about a possible violation of the Development and Planning laws, go to the link below and complete the form.
https://www.planning.ky/code-compliance/
Thanks.
Its two pieces of land on the South Side East that have been cleared by machinery like nothing left on it.
I know the owner and he always tries to do the right thing, abide by the laws & certainly supports the environmental treasures of the Cayman Islands. He participates in cleanups with Plastic Free Cayman, has been a member of the National Trust and supports Bonnie Scott in protecting the Boobies on the South side. I know he has consulted several people including Lands about his predicament and was informed that as long as bushman clear, heavy equipment can be used to hall away. So before we judge, let’s take note of the red birch trees that were kept as well as other fauna. So before we throw stones (which was really what was being cleared), let’s get all the facts.
Why clear in the first place?
You’re trying to tell us that that clean sweep of rock and rubble was done by hand tools and workmen? Is that the fable you’re trying to sell?
Your friend may be a good man, but he made a bad call.
Exactly! It is a damn shame that land can be cleared flat like this. I would be willing to wager that among the flora cleared were some protected species. That is very often the case when I check out construction sites on Cayman Brac. I paid a visit to a seafront homesite being cleared not far west of Stake Bay. For over 200 feet from the shoreline and totally across the apparent width of the property it was flattened. Not a twig standing! Plus, it appeared that coral rock was moved off the foreshore and the beach ridge appeared to be lowered. The rocks appear to have been pushed back behind the beach ridge. I wonder if the proper application fee and fees for moving rocks was paid in this instance? It is irresponsible to scrape rocks off the beach ridge rather than place fine fill over the rocks to level a building site! It not only makes the site more susceptible to over-topping by storm surge, it makes all land to the interior more in danger of storm surge flooding. Cayman Brac has a full-time environmental officer. All site plans for development should cross her desk so she can check on whether or not the proposed development threatens to destroy protected species or injuriously alter the natural topography. So there, National Trust, and Department of Environment, and W. Panton: It is bloody well time to get serious rather than pay lip service to environmental issues. Or will you follow the model of Grand Cayman and dilly with your dallies until the situation on Cayman Brac gets way out of hand? Time will tell. Thus far, we are not impressed. (And then there is the Frank Schilling marina scheme excavation. Another issue for another day.)
Yeah 7:41, The Turn area going west of Stake Bay. From the water the clearing sticks out like a big gaping wound. We launched at Stake Bay and took videos from my boat several times while it was going on. Looks like the same big orange excavator as in the article. Few weeks ago the machine was scooping up whole mature trees and rocks from the beach ridge. Loading stuff on a white truck that looked like the one in the article pix. They did not just scrape rocks off of the beach ridge, they flattened it out. You can see judging from the land on the side of the clearing, the beach ridge there was lowered by at least four feet! Crazy!!!
Looking the online 2021 meeting agenda for the Brac DCB, I see one planning application approval in that area and it is for a private house project. No excavation approvals were granted in that area. In the notes from the DCB meeting on the application it is noted that the seaward setback for development is established for ironshore sites at 50 ft from the MHWM. Excavation and moving or removal of rock comes under the definition of development. Obviously heavy equipment clearing and excavation of beach rock was carried out far closer to the shore than 50 ft from the MHWM, so that is another breach of regulations. Whoever is supposed to be checking on projects to make sure they are not doing illegal stuff is not doing the job. If they have not got permission to excavate then looks like the owner owes that after the fact application fee of a cool $50,000. Plus the penalty for carrying on development less than 50 feet seaward of the MHWM. Wake up people! We can put and end to this kind of environmental destruction! Get plenty pix and videos of suspected violations. Make complaints to Planning, the Ministry, DOE, and RCIP. We can make our voices heard and stop this NOW before they completely rape our beautiful little island!
I have a bone, er…stone, to pick with you 12:51…
If as you say, it was “stones which was really what was being cleared”–or worse removed–then it becomes an issue separate from the removal of vegetation. It sounds like you know the owner and might be familiar with the operations carried out and you may have let the cat out of the bag. Thank you for providing us with some important facts! So let’s accept your assertion that stone moving or removal was what really occurred. According to planning regulations, any excavation requires planning permission and payment of a sizable application fee, plus a fee for each cubic yard moved or removed.
Excerpted from planning regulation, definitions: “excavation” means the removal or recovery by any means of soil, rock or minerals, other than surface vegetation, from land or water, not being Crown sea bed, on or beneath the surface thereof, whether exposed or submerged.
And from SCHEDULE 1 Development and Planning Regulations (2021 Revision)
Item 14:
(b) in Cayman Brac or Little Cayman —(i) in respect of an excavation or quarry where the fill is to be removed from the site, an application fee of $5,000;
and
(ii) in any case where the fill is to remain on site, an application fee of $1,000;
and
(c) if planning permission is granted, a fee calculated at the rate of 25 cents in respect of
each cubic yard to be excavated or quaried (sic).
……
I note in the photos a pile of rocks heaped up. How did that pile get there?
In addition, and I speak from experience in development, it certainly appears as if rocks were scooped up and moved to that pile at some point. And it certainly appears that the ground was scraped by machinery, which scraping falls under the definition of “excavation”. If either operation was done in this instance, and no application was granted for the excavation (removal of stones), then it would appear the the excavation is illegal and should be referred for prosecution. I should like to think that some member(s) of the National Trust on the Brac should be skillfully familiar with local laws and regulations protecting and regulating alteration of the natural environment. If not, shame on them! Perhaps if they cared as much about guiding development as they do about turtles and they had published a comprehensive guide for environmentally conscious land developers and home builders, this would not have happened. As a former and very early and very committed member of the National Trust back in the day when a few of us fought to get environmental legislation on the table, I say this: There is much more to the environment than turtles and parrots, National Trust.
@7:18P This is going to be interesting. If indeed it is determined that rock moving or removal took place, it would appear that the operation clearly comes under the heading of “excavation” in the planning regulations. The planning application fee for excavation involving removal of material from the site is $5,000. If there was no application tendered and granted beforehand, the after the face penalty fee is ten times the fee of $50,000. Let us watch and see if the powers that be adhere to the laws or let yet another scofflaw off the hook. If the law is selectively ignored yet again, it gives people pause to consider why anyone anywhere must apply for planning permission to do anything. When the officials who are charged with upholding the law are also scofflaws, it makes a mockery of the system and the laws. The Cayman islands deserves better from those charged with protecting the people and the islands.
It is another example of Michael Ryan’s approach. Act now and demand forgiveness later.
And Cayman granted him status. And the Attorney General raised no issue.
Here’s a simple solution. The owners and/or operators of the heavy equipment should be required to have in hand a copy of the permission to clear the land. If they are found to be clearing land without proof of permission, then they should be fined – heavily.
Will never happen. This is Cayman… Cayman Inspectors…Cayman regulators…Cayman bought/elected ministers… Sure blame $$$ from outside, but it ALL COMES BACK TO CAYMANIANS!
Impound the ‘tools’ used to do the crime. That’ll make people check on if the guy hiring them has the right permits!
Laws only matter if they are enforced.
Owning property comes with RESPONSIBILITIES as well as rights. What you do on your property can affect what happens on adjoining properties. I wouldn’t like to live next to you!
Then kindly move!
Umh, when will you people accept that no one needs permission to do anything with their land?
How do I know? Because people do stuff to their land all the time with no consequences/repercussions/penalties. Nuff Said.
Has your environment loving Premier done anything? No. Will he? No. Stop saying this needs permission when the most environmentally conscious politician this country has ever known states, by his actions, that it does not!
I called DOE for someone illegally dumping on an ajacent property, They have yet to inspect it, fine anyone, or do anything except for what they feel their jobs are.. There is no enforcement on the Brac. Need to get some teeth into these laws folks.. If you punish them appropriately, then it may not happen too frequently. Yes it is a shame, and pretty disgusting as well. The beauty, and the wildlife here depend on their natural habitats.. And they must be maintained.. Check out Cbrac. They are fighting to keep lands preserved.
Maybe you called the wrong people because it’s the Department of Environmental Health that looks into dumping.
Yeah, nope, on a side note, not long after I posted this, surprise, surprise, DOE, actually showed up to clear the garbage dumped.. So I guess I did call the correct dept. Since they handle the waste removal here on the Brac.. I live here year round…
No. The dump and waste removal is DEH on the Brac. There are very few DOE employees on the Brac, and, aside from a few trucks, no equipment.
Every thing goes on the Brac, the planning board is headed by a yes man for the big shots and friends.
How is it OK to hire someone to clear land by hand and burn the bush without needing a permit, which burning bush is illegal as far as I know, and hiring a machine to get rid of the bush while someone is chopping it down by hand?
How is someone supposed to remove bush if burning is illegal and you can not hire machines to remove it after it was chopped down? As far as I understand that’s what they were doing.
Because it is Cayman. Absolute incompetence, third world banana republic, totally sold out by our OWN! Disagree… Just watch the soon-to-be-forgotten approval.
You mean like Public Works was doing nearby at Public Beach recently ?
A permit is required to remove bush with heavy equipment. What often happens on the Sister Islands, is that the cost of the after-the-fact (ATF) permit is factored into the cost of the job, and people hire heavy equipment companies and do whatever the hell they want. The permit is usually $100, and the fine is 10X the amount, or $1000. No biggie for affluent people who don’t want to give anyone a chance to object.
I imagine that the reason removing by hand doesn’t require a permit is so that regular maintenance and landscaping can be done. Likewise, a home owner can chop bush on their own land, and hire it hauled off.
What was happening in the above case was that the removal was being done with heavy equipment without a permit. This is FAR too common on the Brac. The fines are too low, imo. The permit fee should stay low to encourage people to acquire Planning permission.
Where exactly is the property? Because I see 2 cleared lots on South Side East that look like this.
Drive around on the bluff and you’ll see lots more
Would someone tell me how is it ok to hire someone to be able to chop down land and burning bush without a permit, but using a machine and hiring someone to clear land you need a permit. Burning bush is illegal, how is someone supposed to get rid of bush from their land if burning is illegal? The machine was hired to remove bush while it was being chopped down as far as I understand.
The real story about Planning Department on Brac is this:
1. The only employee works in a broom closet that does not have space to meet with the public.
2. The employee cannot tell you when the Building Inspector is coming over to the Brac.
3. The Director of Planning has told the employee not to help any contractor or tradesman with the OPS system.
4. The only employee reviews plans for Grand Cayman but the Director of Planning does not want to put a full time Building Inspector on Brac (and that person could also review plans for Grand Cayman)
5. The Planning Minister is seemingly incompetent – not realizing he can get funding for Brac Planning via weekly Cabinet meetings.
6. The clearing of land is a non story.
Agree with you, except #6 above. Clearing of land often wanders haphazardly over property lines, and the only penalty is a relatively small fee. As in Grand Cayman, money opens all doors and closes them on the average person.
My land, my rules. If I legally own the property and wish to build my home why require approval on something that I own. What is supposed to happen if my request is denied? I’ve worked through blood, sweat, and tears be able to afford to build a home for my family so the next generation can live here. Should I just be told no I can’t build and be out a few hundred grand? Makes no sense. If that’s the case, the crown can buy land they wish to preserve instead of holding it against private owners.
4.45pm an unfortunate response coming from a Cayman Born. All land in the Cayman Islands is owned by someone and everyone needs to follow the law and obtain permission to remove any trees,bush,foliage. If it is a small piece of land just to build your house on then permission would be readily granted.If however you had a large tract of several dozen acres containing historic woodland it may need to be preserved. Do you want future generations of your family to live in a country where all woodland and natural vegetation has been destroyed in the interests of developers and selfish private landowners, leaving them to live in a concrete jungle?.
If I legally own the property, I can blast music all day and all night.
No you need planning permission just like everyone else on the planet. When you buy land without planning permission not getting it is a risk you run and is reflected in the price.
There are basic precepts which must be honoured. If you are a rich person, you might be able to skirt around those rules by passing money to various people in control. It’s not anything new, if that’s what you’re wondering.
Still, there are those of us who will challenge you if you choose to ignore the existing rules of law. If you want to obey them, none of us will have a problem with you.
Understandably one takes these things personally. Nobody is going to stop you from building your house, provided that you obey the planning regulations.
Needing a permit to clear land is just to prevent wholesale and unnecessary destruction of vegetation .
Surely you can see the sense in that.
What people here may not be aware of, (and it seems to escape many estate agents)is that anyone can apply for planning permission on a property. In addition, approval in principle is half the cost of full approval. Thus one can apply for the permission to build the project before buying. For land one intends to build upon, I shall suggest making the grant of planning approval a condition to the sales contract.
Where you err is in your grasp of exactly what your “ownership” entails according to the well established legal framework of what we commonly call land ownership. You do NOT own the land in the same way you own a shirt. You can buy or accept the shirt as a gift without any government involvement. You may choose what to do with the shirt: when and where to wear it; what to decorate your shirt with; alter it at will and to your heart’s content; rent or sell it to whom you wish at any time and for any price or give it away. However, in regard to land in the Cayman Islands, your legal proprietorship of the parcel comprises ownership of “title” to the land. Title consists of a bundle of rights established by the body law. Thus, when you gave “consideration” for that title, and executed and registered the Transfer of Land form, you purchased and registered your possession to the bundle of rights that makes up title to the land. Those rights are established, regulated, restricted, and protected by the applicable laws and regulations. You are legally able to do with/on/under the land only what the applicable body of laws and regulations allow. Just be grateful that in the Cayman Islands you are not required to pay annual ad valorem land taxes on the property.
Juliana O’Connor-Connolly, the minister for lands.
And foot washing
Surely the DCI can just pull or suspend the T&BLs of the offending operators, right? It’s not just the land owner, their contractor, DOE or PLA…it’s also DCI in on this problem by not clamping down on the offending operators. Everyone pointing at the minority players and not the underwriting institutions and their absent ethical code and leadership.
They could. They should. But they are corrupt, inept or incompetent. You choose. They won’t do shit. #Leggewasright.
Who is Legge?
A professional journalist who suggested in an editorial to the effect that various levels of corruption had become so endemic we didn’t even notice it for what it was.
A professional XXXX who said in a Cayman Compass editorial that all Caymanians – every single one of them – were corrupt. Every, single, one. Corrupt. End of discussion. And then tried to walk back the claim when challenged on it but couldn’t hide his dislike of Caymanians to save his job. A divisive little man that the country is better off without but his anti-Caymanian sycophants still prostrate at his shrine.
#hewasntwrong
My thoughts exactly. Caymanians do not excel at admitting their faults for who they elect, again, and again, and again, which control matters.
Dissent is not disloyalty. Expecting and demanding your Islands meet and exceed the best standards of good governance is positive. Sticking your head in the sand and refusing to acknowledge that we can and should do much better is a disservice to our ancestors, and our children.
Please site the Law which you think gives the DCI the ability to suspend the TB&L?
Herein is the problem. The public do not educate themselves on the actual laws and what can actually be done.
If you want the DCI to be able to pull TB&L for something – let us say after a conviction for not paying pension or health insurance, or illegally clearing land – then get the politicians to change the law.
They won’t. For a simple reason. #Leggewasright.
The answer in this case is, no, the trade and business licence has no bearing on the skill or performance of the person or entity. Excerpted from the CAYMAN ISLANDS
TRADE AND BUSINESS LICENSING ACT
(2021 Revision) “34.(2) A licence under this Act has no relevance to the qualification, skill or financial stability of the licensee.”
There is no provision under the T and B Lic law for suspension or revocation for being unskilled or inept at the licenced business.
Very sad, and with no surprise. We are NOT capable to govern ourselves! Watch, after-the-fact approval will be given. Illegal activity will be not ignored, but approved.
I cry for my Cayman.
But we have a new knight in shining armor!
Cry?!!! thats the problem with Caymanians. All you do is cry, why not fight for Cayman? Oh i forgot you think crying will fix the problem.
And praying, don’t forget praying, that apparently fixes everything.
Road accident, – speed cameras, enhanced driving tests, education for road users, enforcement of poor driving laws, proper vehicle tests, tougher drink driving penalties? – NO
Praying – YES
Stabbings, – mandatory minimum jail sentences for carrying a knife, education for young people, working with likely trouble spots to implement metal detectors and security searches? – NO
Praying – YES
Animal abuse, – Fines for abusers, enforcement against dangerous dogs, education for animal owners, licenses for breeders? – NO
Praying – YES
Traffic – Proper bus service, decent bus stops, regulation and enforcement of bus drivers, school bus system for all private schools? – NO
Praying – YES
Now, I’m not against religion, but as God helps those who help themselves, how about we stop praying and start doing something about these issues??!!
Does everyone who wants to clear a piece of their land have to get prior planning approval? Or just some locations and some types of bush?
Everyone, if using mechanical means.
Are land owners notified what can, and cannot be done with Property before,Transfer fees are collected!
Yes. The laws are gazetted. You are deemed to know. Can’t help you if you think you are still in Kansas, though.
They are, yes. And if they aren’t, they should look at getting their money back from whoever helped them ink their deal
Land owners bear the duty to fully inform themselves on latest rules, by reading the Registered Lands Law/Regs and Planning Law/Regs, giving legal notice to neighbours, applying for permits, and environmental approval. Mechanized contractors should not be gearing up, or lifting a finger until their superior/contracted principle has verified landowner permission to do applicable work, as they also could be facing sanction at DCI level. Cayman should be decades past using ignorance as an excuse.
Here are the rules:
https://www.planning.ky/regulations/
https://www.caymanlandinfo.ky/Document-Library
@9:19 pm:
Are vehicle owners notified what can, and cannot be done with the vehicle before import duty is collected?
Sure do look nice though.
Nothing is said when locals remove it so most likely it was an expat. Most of the time, they hire the landscapers to remove it so either it is an expat or they don’t like the Bracker or the person who did the removal. Why is nothing being said about the landscaping companies or bush cutters removing sea grape trees?
We need some Bush removal(x2) up here in West Bay.
You cry babies need to give it a break. Get smart and welcome development and give blessings to the rich developers!
Up yours, Bro! Too much “development” is often another get-rich-quick scheme for con artists……… Like the helicopter fiasco!!!
Can we finally prosecute someone for breaking the law on this stuff.
I’m not one for too much regulation, but if all the heavy equipment companies were required to see proper planning approvals before doing work, there would be a lot less of this stuff.
This is very poor of CPA to learn about ILLEGALLY CLEARING OF PROPERTY and they will say to the owner it’s illegal to clear property without a permits..
Every child in the Island know that it’s illegal to do it..
But some developers don’t know it …
How many times did CPA have told that Developer that it illegal to do it ??
Really sounds like someone needs to teach CPA how to dt their job …
CNS: What goes on on the Brac and LC has nothing to do with the CPA. The CPA makes decisions about development on Grand Cayman. Planning approval on the Sister Islands is decided by the CBLC Development Control Board.
Let me guess, made up of former CPA employees?
CNS: No, ding dong. The DCB is, as it always has been, made up of Brac residents. See here. Also, the CPA is a board; it doesn’t have any employees. Perhaps you mean the planning department, in which case you would still be wrong.
Until land owners are severely fined for not following the correct process this will continue to occur. AFter-the-fact approval is simply BS.
Heavy equipment operators should also be fined for doing such work without viewing the correct approvals.
Absolutely right! It’s been going on too long. Are there ANY of our elected officials who care about what is happening here? It would be nice if SOMEONE would speak out about this kind of theft!
Trees don’t vote. No one gives a F
Because it is Cayman. Absolute incompetence, third world banana republic, totally sold out by our OWN! Disagree… Just watch the soon-to-be-forgotten approval.
You are correct! Does anyone wonder why this is allowed to continue???????
Because it seems the anti corruption commission are political appointees carefully chosen not to rock the boat, and the Ombudsman is a nice Canadian lady now looking forward to retirement.
I suspect most of the “residents” are expats. Until Govt impose and collect humongous fines for this illegal destruction of habitat it will continue ad infinitum.Far too many locals practice this unacceptable behaviour as they know full well they will get away with it. Just look at the father of a certain Member of Parliament who did the exact same thing.
You are dead wrong about that. They are all Caymanians, and only one not born in Cayman, not that it matters.
Agree with the rest of what you said.
Shame!
The heavy equipment owner/operator should also be held accountable. He should have required the owner to show proof of any permission required.
What a shame!
Hahahhahahahahaha. You don’t know much about the Brac, do you?
#Leggewasright.
i guess you hope plugging this hashtag will do something? Is he even relevant anymore or should I say are you?
It is wholly relevant. The behaviors he was referring to have not changed.
Or the Thieves who run the Cayman Islands!