CPA urged to wait on court before hearing Baer application
(CNS): A canal-front project that is currently the subject of a legal challenge because the developers constructed a sea wall without a coastal works licence has made its way onto the agenda of next week’s Central Planning Authority meeting, just two months before the case will next be heard in court, as the developers are applying for more changes.
This is one of a growing number of projects on Grand Cayman that received planning permission even though laws appear to have been violated, and the Department of Environment is urging the CPA to put off the Baer Development application to modify the Allure project until the legal issues have been addressed.
The developers, who are building condos on the waterfront at the end of Tropical Gardens Road, have applied to make numerous changes relating to utilities and to reorient a cabana, revise a floor plan for a custom unit, as well as revise the pool and deck layout, which will run along the seawall that is the subject of the prosecution.
The developers received planning permission for 26 apartments with associated amenities in June 2019, but during the course of the project various applications for changes were made, as well as a coastal works licence to fill in the seabed and construct a wall. But before that application was refused in September 2020, the developer went ahead with the seawall and filling in any event.
An after-the-fact planning application for the wall, which would still extend over crown property, was also refused a short time later. But since the wall was built outside of the surveyed mean high-water mark, “making the works unlawful in the absence of a Coastal Works Permit”, the DoE said that a cease and desist order was issued under the National Conservation Act, which remains in effect. The case was then referred to the director of public prosecutions.
“The seawall has been constructed beyond the property boundary and on Crown land,” the DoE said. “The area of Crown owned seabed that has been impacted by the unauthorised works amount to 183 sq. ft. and 263 sq. ft.”
This application is just the latest in a line of problematic projects that are causing conflict on the PACT government’s front bench and its central agenda of sustainability. While Premier Wayne Panton, who is the minister responsible for sustainability and climate change mitigation and under whose portfolio the DoE falls, is clashing with the CPA and the planning policies that his own minister, Jay Ebanks, appears to be pursuing.
In one case, relating to a project on Boggy Sand Beach in West Bay, the DoE is actually seeking a judicial review for a CPA decision, pitting two government departments against each other in an unprecedented courtroom battle.
In this case, once again, the DoE is urging the CPA not to reconsider the situation, since the application is already the subject of a significant prosecution. The DoE said that, given the situation, there was no logical reason to make a determination of this application before the issues surrounding it are resolved as there is no permission in place to authorise the encroachment onto crown land.
“As the proposed setbacks are based on a shoreline position which has not been approved, it would appear unlawful to grant approval for this modification at this time. We therefore strongly recommend and request that this application be held in abeyance pending the outcome of the case before the Court.”
See the agenda for Wednesday in the CNS Library.
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Category: development, Local News
Here is my suggestion, put in place an infrastructure fee that all the developers have to pay with an increased amount for those building on the water. These funds could be used to help with the infrastructure around the neighborhood being decimated and at least we won’t have to use our own funds to correct their mistakes.
Paying a small fine obviously would have worked backed in the 70’s when the Development Plan came into effect but levying fees like $1M to $10M for these infractions depending on the level of destruction would go a long way in preventing these actions..These fines must also be administratively given and no foolishness about taking them to court. Fine them, let them pay it and if they want to waste money to go to court for something they did wrong then let them have it.
I remember when the Turners were building their home on the Seven Mile Beach and Planning kept fining them for not removing it. Mrs. Turner told me it was a lot cheaper just to pay the fines and she continue to build her house until she got C/O and that was all she did. Today that house and other buildings like it have ruined our SMB and all because we failed miserably to do what we should have done and that was to go in there with an enforcement notice and take an excavator to it. Today it’s just about the same accept the Board Members jockey for position on who gets the most kickbacks. The nominal fine is nothing and the developers are never taken to court..lucrative all around for those in the circle but for Cayman overall, not so much.
The Planning Board and the Developers are complicit in these actions and it has been going on for years and that is why some of these people fight hard to be on these boards. They know where their bread is buttered.
I noticed that the Permanent Residency Board has finally gotten some teeth and that is how it should be across the Government. What is the sense of having laws if they are never enforced or made a mockery of. I would suggest that Jay appoints a new board that will be tougher and apply and enforce the law as these things occur. We cannot and we should not have to put up with this after finally getting rid of the PPM Board.
You got some things almost right in your post.
1. However, there used to be an “infrastructure fee”
2. However, PACT completely replaced all 13 members of the CPA – this is definitely a UDP Board, maybe that’s easier for you to say😂😂😂
UDP/PPM or PACT what difference does it make… this board has to go..and I’ll agree PPM Board was the worse one in history..but this one is fast catching up.
How about we just disband the Planning Board and let people do as they please?
This board is as XXXX as the PPM one and is doing absolutely nothing but approving everything put in front of them. Why not hire two civil servants with a rubber stamp “APPROVED” and save some money.
I can’t wait for the Auditor General to have a go at this bunch. Question is will Jay do the same thing that Alden and gang did and disregard the Auditor General’s request to appoint a new and less compromised board? Let’s see!
PACT is the Trojan horse used by the UDP to get their snouts back in the trough.
@8:19am
I don’t think it is a PACT Trojan horse when it’s actually loaded up with PPM cronies. Call a spade a spade. Jay obviously doesn’t see this or has chosen not to..
Alden said he would bring this government down within 6 months and you can believe he has his “Trojan Horses” on just about every board..Look at the Chairman and Deputy Chairman..nothing changes!
I doubt that the ongoing absence of enforcement is an unintended omission. There would be fewer no kickbacks/”consulting fees” available if laws are actually enforced.
Do like they do it in the UK. Make them remove it until it has the proper approvals. REMOVE IT.
Nothing that money can’t solve, forget gentrification, forget environment, forget affordable housing. Politicians used such terms when talking and promising and the more they talk about it the deeper, larger and wider their empty pockets become to then have them stuffed with obscene amounts of money in the name of progress for the wellbeing of all as they would later say. Amen.
Once again the boring ‘us vs expat, boo-hoo poor me’ horseshit is wheeled out.
What is the mental block with Caymanians understanding its their own people that are selling the land, developing the condos and ultimately approving these developments? And in so many instances, its not only expats buying as you’d like to believe. There’s tons of professional, hard working Caymanians that were smart enough to stick in at school rather than wait for a handout whilst complaining about foreigners.
Honestly, you need to take a long hard think about who you should be pointing fingers at. But the truth hurts.
This is not a Caymanian vs Expat situation..even worse it is a Caymanian vs Caymanian situation and Caymanians believing they can skirt the system by being on boards like Planning where they can get their buddies to take care of them.
We should be leading by example instead of blatantly doing things such as these.
The only purpose our comments serve is to show how many of us are frustrated however being sold out seems to be a part of being, “PROSPEROUS”
The answer to why things such as this seem to be happening more and more. “Cayman Gone”
https://periodismoinvestigativo.com/2022/01/cayman-foreign-investors-identity-crisis/
Look at the photo of the $950/month rental unit in Boddentown featured in Kayla’s excellent article in the above link. Then tell me we have effective and robust law enforcement of planning and related aspects of our laws. They appear corrupt or inept. What other reasons could their possibly be for this shitshow?
The country is being ultra gentrified right under our noses and there is no stopping it
Gentrified beats Jamaicanised .
Understood. But why are we allowing illegally built slum dwellings to exist, let alone used to provide overpriced and unsafe housing for the most desperate in the community?
Where would you have these people go? Have you any idea what rent pricing here is actually like?
Where are the truly affordable and safe housing developments? Where is a modern and efficient transportation system for those with no vehicles?
Government should have facilitated all that is required. If it simply enforced laws (including as to maintenance, immigration, and minimum wage, 80% of these problems would not exist.
I agree but when the fox is in the hen house these things will continue.. We need a clean sweep on the Planning Board and put some younger people on there that are educated and not all corrupted by the system.
Rent controls are used in other countries for a reason. People should not be forced to live in such squalor for the amount of rent they pay. The government could fix this easily with rent controls.
And they could simply enforce the immigration, public health, and planning laws…
Gentry needs poor slaves. We’ll be building pyramids and mausoleums soon.
They will adapt their needs to what we allow. No one should be brought in to live here earning less than CI$10/hour. We can prohibit it without even changing so much as a regulation. Just tell WORC that is the new base for imported Labour. Done.
Are you asking yourself? The change won’t come if you expect others to take actions.
“We the people”, in almost every country are waking up and taking streets to protest to show the Governments who is in charge and who is serving. Only in Cayman things get from bad to worse and other than few teenagers, nobody ever protests. What do Caymanians stand to lose other than toxic cancer causing Dump?
By the way, building a new cancer hospital looks like a welcoming addition to a simpleton. Their argument is that it would benefit the local population. That is a nearsighted view.
Did anyone run the cost and benefits analysis? What the effect on the already struggling environment the new hospital will have? How many tons of untreated waste it will generate? How is it going to affect air around the hospital, for I assume they will be burning biomedical waste onsite? How much waste each patient-visitor will generate and leave it for locals to deal with? How much waste an army of medical personnel from overseas will generate? How many people will develop cancer because the environment will be getting more toxic?
Granted, today people in need of cancer treatments will benefit the most. But how comfortable you are with your children and grandchildren and those who is not even born yet getting cancer?
Pardon my language, but how dumb one has to be not to see the connection?
❓Question to the Governor:
How come building a hospital that will generate radioactive and biomedical waste is given a green light in the absence of radioactive waste management regulations?
The Governor must know there are international safety standards for Radioactive Waste Disposal. Every country also have local rules and regulations. All cayman has is an antiquated Infection Waste Disposal regulation.
Just keep wearing that tinfoil hat and you’ll be fine.
Every foreigner here on luxury vacations, work permits, or property buyers should know how many of the people here live in extreme poverty with no way out right in the shadows of these luxury towers.
Or maybe they don’t want to know the truth of the struggles many here face daily.
Actually there’s not AFT we can do about it. You are in control.
Drive into the area called Watler’s Road (originally called Dog City by locals). This is accessed off Eastern Ave just before the junction of Eastern Ave and North Church Street. Been a huge mess for more than 30yrs, NO Politician in GT has the cahonjes to deal with the mess the Civil Service has allowed to develop over the years because “enforcement” means too much paperwork! Nothing is effective in the Planning Dept except that big APPROVAL stamp!
GT North MP Joey Hew, where are you?????
“Joey Who?” You won’t see him until he comes around next election handing out his red t-shirts.
Thank you for the link. This a true tragedy. In the absence of the 21st century waste management and high-rise buildings fire rescue capabilities and expertise this is also a crime against Caymanians.
Does Cayman even have Fire Prevention Code?
Are all high-rise building protected by either a complete automatic fire sprinkler system or an Engineered Life Safety System?
It is appearsCaymanians are the most inert people on the planet who never standup for anything. “WestBay Ladies” is an exception of course. But I remember how they were criticized, ostracized and simply insulted.
I am disgusted to be reading yet again that developers continue to ignore planning laws and the Director of Planning and the CPA seemingly do nothing. I cannot think of a single case EVER of an illegal development being demolished or even a developer being sanctioned for ignoring the law. As far as I can tell the only purpose of the Planning Law is to frustrate ordinary people who cannot build a dog house without paying off somebody in the development industry for ‘plans’.
And there it is….the truth of the matter! No enforcement for breaking the laws…on and on we see this with glaring problems, from the poor driving standards to trash everywhere!
I keep meaning to ask 2 questions of some of the developers who are knowledgeable; 1)’Just how much does a politician cost these days?’ and 2) Does that price include appointments of stooges to boards/authorities/etc or is that extra?
It has transferred from the politicians to key civil servants. They act as the bag man and layer it through chosen law firms.
Total waste of time, developer will put on puppy dog eyes and lament that they must complete the complex of their fortunes are lost and the kids will starve in the winter and CPA will roll over and grant another after the fact.
That is a major sign of the sickness that CIG seems to have a terminal case of.
They look like lovely houses, and affordable at around 500k compared to a lot of other developments in the millions. Why are people complaining?
Lovely houses don’t help fix the impending doom of environmental catastrophes.
Read the article and note the blatant disregard for laws and regulations. That will answer your question.
$500k?? check on CIREBA.. $890k .. that’s not cheap
500k is not affordable.
@12:15am. They are not $500K. They are being advertised at CI$890K.
So the Developers are a former CPA Board Member and the other is the head of a local Insurance company..At least one of them knows better and one can assume this was deliberate..Let’s get the popcorn out for when Ian slams the rubber stamp down…
APPROVED!
What is so crazy is that one of these Developer’s is a Pastor and former CPA board member. Most likely he learned while being on the board that it was cheaper to just pay the “after the fact” fine and gain the excess land and destroy the mangrove area.
Makes you wonder if he was still on the board whether or not he would have been removed? This board is no better, loaded up with contractors, developers, DART plants and former PPM members, one of which is the Chairman.
We got rid of the entire board and replaced them with their contemporaries, and politically connected friends in the business..Only in Cayman!
Don’t worry, Ian is the new AL’T and as a brand new rubber stamp that he is quickly breaking in..
Watch this space!
Soon to be rubber stamped “APPROVED!!!”
This isn’t good.
“Cayman Gone”
Why bother with the pretence of a CPA when everything gets approved even when laws are broken!!!
Section 22 of the Development and Planning Law provides for demolition of illegally built structures. Sadly that will never happen with this government despite all the pre-election promises.
All the evidence suggests that politicians and their developer buddies are unconcerned with what is set out in our laws. Laws are broken. Retrospective approval is given for clearly illegal development. The interests of the public are ignored. The politicians and senior civil servants who play ball with developers get richer and politicians keep on appointing the same crew to public office knowing all that and hoping to get richer themselves.
Who are the developers? asking for a friend.
@6:28Pm the Developers are Ray Hydes of Hydes and Sons, former CPA Board member when Allure was granted permission to be built and Pastor of Church of God Universal. The other Developer is Brian Williams of Saxon.
I purchased one of these units pre-construction and I can tell you there are more problems than just the seawall. Someone should also speak to the their neighboring Ocean Crest unit about the many ongoing problems there as well.
This was obviously the norm with the former Planning Board and they looked out for their own. The developers new that their buddies on the board would approve this but then covid and a new election came along before they could get it completed they are now caught with their pants down. The rubber stamp has now been passed to another former PPM member and contractor so look for more of this to be approved unopposed by what can only be the worse Planning Board since the PPM regime.
Edmund Burke The Irish Politician and ethical standard bearer put it best :
“Generation will not link with generation , and men are as the flies of summer”.
Shakespeare as well left us a warning in Hamlet ,Prince of Denmark “Something is rotten in the state of Denmark [Cayman].
Come on PACT ; “It looks like you ain’t what we were waiting for either”.
Just a bit of noise before that huge ‘approved’ rubber stamp comes out.
Hey now, we need more young white expat families for the finance industries, so they need more posh living arrangements for their babies
At least they have a high propensity to be educated, well funded, pay their way, generate substantial government revenue, contribute generously to charitable causes, with both their time and money, create opportunities and do not displace Caymanians from opportunity.
Hoping the education ministry accelerates financial services training so the people can have the same opportunities that the foreigners have.
They do have the same opportunities, starting with Prep, CIS, and St.Ignatious.
They all even cost less than the Government version.
To level the playing field, Caymanians should receive free education in finance.
They do, if they sign up for the courses…
No CIG should not.
There is no such thing as:
Free education
Or
Education in finance
You are average or above intelligence, you get a good education, get a good university education and a good post grad.. qualification, you work long and hard, be honest, be social.
Nothing is handed to you. Government can facilitate, not provide for you, and not for free.
It’s a 4 letter word times 3 –
G-O-O-D. H-A-R-D. W-O-R-K.
They just need to stay in school. Pass their exams. Get into university & attend on government (or choice of numerous corporate) scholarship. Graduate. Work. Work. Work. Once sufficiently educated & experienced apply for that well paid financial services position.
Just dont expect to get it straight out of high school.
Why not have mandatory business / finance courses in the last year of high school?
Very common in many American states and in Canada.
Hoping the people are interested in takibg upbthe opportunities offered.
Cayman is a shithole, it’s not posh.
@8:51pm Hmmm..I wonder which country you arrived from?
What a beautiful development
Gotta love the car port solar panels that, if the view is to the north, will be in the shade in mid summer, and every afternoon. Seriously?
Yes, just like the rest of the luxury developments built and sold as long term investments, but the global inaction on climate change could result in a one meter rise in sea levels which would place most of the island underwater.
Learn to swim, learn to swim, learn to swim
For who?
Those with $500,000 and up
Wayne is the Premier – Jay has to answer to him – so why is the honourable Wayne Panton not putting his foot down and stopping this foolishness!
Because apparently “independents” were not supposed to be a party. They were supposed to be a group of individuals who were supposed to “work together” with no “leader” per say. Just a group of “great minds” – free thinkers who some how still should be on the same page and want the same thing for the island – but not like a group or anything cause that would be like forming a PACT.
So these idiots that were voted in by “the people” feel the same way I do about Wayne – he’s not my premier. Hence why he has no true say. And he lacks any integrity to stand up to them for fear he will loose is premier parking space at government building.
To 3.42pm Remember Jay was the one who actually put that group together not Wayne. Not sure how he did it
Following instructions from his mentor the ‘real estate consultant’ in the wig and Zorro cape
Jay and Kenny answer to their mentor/role model in the funny wig
Just put a hold on all further construction, totally out of hand, out of order and out law.
LOL….they should call the development “Runway Villas”
Just approve it and stop trying to make a headline the CPA will allow it all!!!
Like i say…govt y the rich….it will be approved….zzzzzzz
Why have there been no arrests, including of the contractors that knowingly carried out unlawful works?
#Leggewasright
Too much money in too many pockets! None of it for you.
So corruption…?
You reading this ACC, RCIP, Ombudsman, DCI, Planning, Governor…?
Why would they read what tbey ready know.
They cannot read (or may be inept or corrupt themselves). I prefer to believe they cannot read. Then I can feel sorry for them and not be as angry about the millions we spend (waste) on them purportedly to ensure good governance.
They have been charged with a crime – that’s the point of the article.
Who, the contractors? The directors? The board members?
And how long is this going to take?
And how pathetic and ineffectual will any penalties be?
And what form of disincentive will in serve?
This all bullshit. Smoke and mirrors. A mere pretense of law and order.
No need to worry people, this CPA Board is no different than its predecessor… They’ll waffle a bit, pay some lip service. Note that laws were broken, and they will give permission to continue along as planned.
Can’t follow rules? Demolish the lot!
It’ll never happen, but it would soon curtail the pure greed that drives this behavior, seen throughout Cayman
Wouldn’t that be some free entertainment in these miserable times.
Why are we in the absurd situation where one arm is government is being asked to give permission for something that another arm of government is prosecuting them for.
That would be like the government granting me Caymanian Status while at the same time charging me for working without a work permit.
I recall when I first came to Cayman commenting on the extraordinary fact that the electorate had re elected someone that was forced to stand down due to his alleged activities. There followed a discussion during which I suggested it was wrong for MLA’s to profit from their position whilst the Caymanian opined that it was normal, understandable and reasonable. Then I read “, then I understood.
This parallels my own experience. Here since 1984, and that individual is STILL the kingpin. Poor Cayman.
I read, “don’t stop the Carnival”
Voters need to research the gaps in the Elections Law that allow the wrong people to successfully achieve office, and the flaws in the SIPL Law, and enforcement resources that allow SAGC Boards, and Cabinet Ministers the breathing room to confidently whistle their own tune. Corrupt governance issues were raised again and again in pre-Blacklist reports.
At 1.00pm what should be investigated is how expats can continue to hoodwink WORC and get work permits for their own countrymen/women while Caymanians are bypassed.
BINGO!
Maybe WORC are not hoodwinked. Maybe WORC simply do not know what they are doing, or have to do what politicians tell them.
Not sure why the headline isn’t
“Baer-faced cheek!”
or possibly
“Illegal works laid Baer”
or perhaps
“Baer-ly Competent – a developer’s story”
Why have a CPA if they are going to approve everything anyway?
I am so tired of what they have and are allowing (of course we the people ultimately have the power but we have been convinced by our elected officials that we are powerless 3.75 years out of every 4).
Extreme social unrest can’t be far behind, IMO.
That’s why the regiment was formed. To suppress the plebs and proletariat so the bourgeoisie can continue their nefarious schemes unabated.
Careful now. You’ll confuse people with their true class status.
Why is it the developers get away with this yet you have young men going to jail for a small spliff? Shameful that crown land can be destroyed for profits. When is it going to stop?
Never stopping, bobo. That is, until Mother Nature takes back the land with rising sea levels.
You’re tired ?
I’m Sick, sick of these flat roof boxes inflicted on us by drafts people calling themselves Architects without any qualifications.
Even more sickening is the repeated refusal to obey the planning regulations , constantly seeking variations.
C’mon CPA. If it doesn’t obey the regulations , it’s illegal.
And yet they have now listed the property on CIREBA listings…buyers beware.. this is “pre-pre”-construction!!
https://www.cireba.com/property-detail/condominiums-condo/allureunit22waterfrontlivingwsolar/1979
It’s almost finished…
Actually they are here. What’s funny is they think big boats or even any size will be able to moor there.
Nuff dredging must take place before that happen.
That’s what you think.
They also plan to dredge the seabed.
Building the sea wall is step 1.
Dredging the area for big boats is next.
Regular drone flights could monitor this and many other projects with minimal expense to the government. Shame that even if this were done, little to no punishment will be given.
#CaymanKind
We don’t do enforcement. We are institutionally corrupt. Laws are weapons available for politicians to deploy against enemies, or competitors of friends, on a selective basis. Now that that has been cleared up, move along.
The Firm reboot is lit
Cireba lists it as new rather than pre-construction. Luckily they are self regulating, not a cartel plus it’s a buyers market and also a sellers market.
It is a new listing..Pre-construction is when something hasn’t been built yet hence the “pre” before construction. The buildings are almost complete.. it is the sea wall that is in contention not the buildings..
Maybe read the article first..ugh!
Work that was carried out while the local Baer partner was a member of the CPA. 🤣🤣🤣🤣
#leggewasright
Ray Ray found his thumb button 🤣🤣🤣
They need to be paying adjacent landowners for the environmental damage caused by their spray foam shaving on both Allure and Ocean Crest.
Dream on!
Ocean crest and this are the same developers
I am aware.
You already bought your condo why would they pay you any money?
Ocean Crest are not the only neighbors affected by this..
As the original post alluded to.
Shut up cry babies, all of you are just jealous of a hard working Caymanian. You foreigners need to get out of here now!
I hope you know. If it was a foreigner building it you would not be reading about it.
This is a joke…right
183 sq. ft. and 263 sq. ft I know ppl that take much more in Sand each week off the beach in Barkers.
Glad to see a Caymanian making it for once.
Sand Bar poured more concrete than that.
As did Sunset House on the once beautiful iron shore with apparently no repercussions
Actually Sunset house was fined for digging up the ironshore…
How much was the fine? Less than the actual illegal work, I imagine.
A better question is “why would they destroy the iron shore and think it was okay to do so”
Have you bought one?