Dozens object to Aqua Bay condo tower on 7MB
(CNS): An application for the demolition and redevelopment of a condo complex at the northern end of Seven Mile Beach has attracted 48 letters of objection from neighbouring owners, a long list of concerns from the Department of Environment and questions about the height of the proposed new tower from the Department of Planning.
Butler Development submitted the application on behalf of the owners at Aqua Bay to knock down the complex, which was built in the early 1980s, and replace it with a ten-story block. This is seen as a precedent-setting project heralding a change for the tranquil part of Grand Cayman’s famous beach.
Dozens of owners at The Palms condos on one side and Silver Sands on the other have raised concerns that the proposal exceeds the legal height, is not in keeping with the surrounding low-level condo developments and homes in the area and will overshadow their more modest beachfront homes.
In its advice to the Central Planning Authority, which will hear the application Wednesday, the planning department said that because there are additional top floors and underground parking, this is actually an eleven-storey building, which exceeds the legal limit.
The department noted that the CPA had “no discretion to allow more than 10 storeys. Further, it is noted that there are two levels of rooftop structures which have not been included as storeys per the exemptions listed in Regulation 8(4). The Authority should discuss the height of the building, specifically the number of storeys proposed.”
In lengthy submissions on behalf of the developers, Jackson Law argued the additional floors are not habitable, so they don’t count. However, this means the building would be taller than any other on Seven Mile Beach. The lawyers have also argued that the project meets all of the regulations and the developers have agreed to all of the conditions relating to environmental concerns.
Although plans have been on the drawing board for more than four years, the application came before the CPA for the first time in October 2023. However, the board deferred the decision so that it could formally ask the National Conservation Council for a second assessment of the project, which has been supplied.
In addition to outlining the environmental issues, the NCA has given directions for turtle-friendly lighting, as the project is located on one of the most active turtle nesting locations along Seven Mile Beach and will significantly impact the iconic and endangered species.
In its review on behalf of the NCC, the DoE said that the developer did not need to conduct an environmental impact assessment to understand the environmental impacts associated with this project on legally protected beach habitat under the Conservation Act.
“This beach has a very high density of turtle nesting over the last 20 years, as evidenced by the DoE’s nest monitoring programme,” the DoE said and urged the developers to retain the vegetation used by the turtles to nest under and to protect the integrity of the beach.
Although the project does not need a setback variance as the plans placed all the hard structures well behind the vegetation line, the DoE warned that, given the climate change predictions for this region, including sea level rise and increased intensity of storm surge and other weather events, the underground parking will be at risk of flooding.
However, the most important issue is the impact of construction and lighting on turtles, as artificial lighting remains one of the greatest threats to the survival of Cayman’s endangered sea turtle nesting populations. The proposed building has a high proportion of glazed area, meaning that interior lights are also likely to have negative impacts on sea turtle nesting. Due to the height of the building and the amount of glazing, it will need to be mitigated to protect the turtles.
The DoE has also noted that if the proposed redevelopment goes ahead, it is highly likely that other existing low-rise condominiums will also seek to redevelop into towers, which will change the nature of Seven Mile Beach and cause the same erosion problem at the northern end of the beach that is now very evident to the southern end.
“The cumulative redevelopment of properties to higher, more densely populated buildings will introduce more people onto the beach and a cumulative increase in population density is likely to exacerbate traffic issues for the area. As discussed above, the proposed development will also be visually prominent. With cumulative development, this will change the view of Seven Mile Beach from low-rise to high-rise,” the DoE added.
Meanwhile, the objectors have raised a long list of concerns on a number of issues, including the height of the building and squeezing 38 condos onto the beachfront site of around 1.4 acres. They are objecting to the overshadowing of their homes, the loss of sunlight and views, and the general impact that three to four years of demolition and construction will have on their property.
In response to the objectors, the lawyers representing Butler said the project is not an overdevelopment and is in keeping with both the spirit and intent of planning laws and falls squarely within the permitted use of land for the hotel/tourism zone. Dismissing objectors’ concerns, they said that “as much as some people may wish to stop the hands of time, development planning is by its very nature forward looking”.
The lawyers added, “Although not everyone may agree with Parliament’s decision to permit developments of this style in this area, this is a policy decision which Parliament has made and over which it has exclusive domain.”
See the application in the CNS Library.
- Fascinated
- Happy
- Sad
- Angry
- Bored
- Afraid
Category: development, Local News
The only decent beaches left are by the older condos. Cayman is built up enough and that’s far from being a positive thing. It’s an absolute shame what certain individuals can do to what was once a very special place. Greed, greed, greed.
There is an important distinction between “the development cartel” and developers who build homes for Caymanians. This would appear to fit in the former category….
U.S. Realty Agents Association abolishes fixed & shared commission rates, along with multi-listing requirements.
Needs to happen in Cayman, end the CIREBA cartel and commission high jacking.
https://edition.cnn.com/2024/03/15/economy/nar-realtor-commissions-settlement/index.html
Its private land and 10 storeys are permitted. I get that neighbors dont want this so suggest they make a cant-refuse offer for the land.
Otherwise, its private land and 10 storeys are permitted. So no real legal basis to refuse this.
Rich condo owner problems…
Sadly, this is correct.
Developers couldn’t care less about Cayman’s ecology.
Agreed but they are just behind CIG who show a never ending contempt for our environment.
Many CPA members are affiliated or own construction companies themselves, of course it will be passed! From day one with AL T and so it continues, Conflict of interest, these individuals should not be allowed on these boards, my humble opinion.
Please elaborate on which individuals on the current Board are conflicted and shouldn’t be on there since you have determined that you know so much about them and their interests – I assume outside of their declared interests that are registered as a matter of law.
@9:15 Start from the top and work your way down. Linkedin
can answer that.
Cant name one huh?
Ok – so using that same reasoning, your humble opinion is that the Health Services Authority Board Of Directors should not include anyone who is in any type of ‘health’ industry; Education Council – nobody who has experience, qualifications or ties to the education industry; Financial Services Committee – nobody who understands finance and Legal advisory Counsel – no attorneys or persons in the legal industry? That’s what you think works best? People on boards looking at things they dont understand? Well, I guess you just described the qualification merits of most of our MPs so if you think thats working out well, then great idea!!
8:43- Of course board members should be qualified & experienced in whatever industry they are sitting on the board for,but having interest in or owning a companies that can benefit from an approval by the CPA is wrong.
About the MPs, nope that is not working out, Is it not cabinet that appoint these boards anyways?
Only Uncle Dart can develop SMB
I am against this building application as it should be 20 stories high not just 10. I like em big and thick. Enough with these neighbors wanting 2 to 4 high just not enough to feel the difference.
No 10:45 🤡.Let’s go for 50 stories like McKeeva proposed a few years ago. 🤡
you funny
No surprises here and objections will fall on deaf ears in favour of the developers’ dollars to CIG coffers.
It was predictable from the time the 10 storey ordinance was passed. All of the 80’s developments on SMB will follow suit…Lacovia, Aqua Bay are only the first.
Agreed, that horse has bolted already. It’s a shame especially at the quieter end of the beach, but hopefully the structures will be more resilient to climate issues and also less problematic for the coastline. I don’t blame the Aqua Bay owners and the developers for giving this a try to see what will be deemed acceptable per the current law, as it seems to have worked for Lacovia.
Lacovia was announced in 2018 and only now 6 years later they are demolishing. Still a long way to go until completion, and always a risk the developer runs out of cash.
Moved away from SMB area 6 years ago, due to burgeoning development of the area. It took off at a rapid pace after Dart completed the ETH highway.
Happily living in a quieter part of the Island, where you can still see parrots, herons and many other birds in the wild. So commute time is longer, but life is peaceful.
you would love cayman brac…..nothing to do there either.
Way to save the planet.
Just keep making 7mb uglier by the day! How many more monstrosities can you put up on the beach side? It used to be such a quaint beach/ island and now it looks like NY city/ Miami. Horrible!
Shhhh. Please keep quiet about this. We don’t want those western side people invading the area.
And then some clown from the Western part of the island moves there, clears some land, builds his house and pretty much removes another piece of habitat for parrots, herons and many other birds….
What say you Min Jay?
The same thing that Min Kutt and Min Joey said: “Yes Mr Developer, what can I do for you today?”
Note that this development will require the extension of the SMB sewage system. Paid for by tax payers.
You forgot about demolition debris that would go strait to the Dump. I believe CIG doesn’t charge a penny for that.
Just put it on top of the Lacovia pile!
Just chuck it in the sea, like FIN.
And be more worried about the environmental disaster imminent at the other end of that system.
Excellent point. A major extension of the SMB sewage system will be required.
Where is this addressed in the proposal?
It’s a few extra condos. Not a whole village.
Underground parking..?
Just like that ugly POS FIN. Bentleys and RR’s floating in seawater from the nor’wester a couple of weeks ago.
LMAO!!!!
Yes…for submarines
Worked well at Oceana…
Did Oceana’s lot flood?
Yes, in the recent Nor’Wester that did damage to the Western side of the Island.
How far ‘underground’ on a rock!
Again with emphasis, this is not the developers problem, they develop based on the rules in place. This is a complete CIG failure to update the development plan and provide updated guidance to the CPA.
You are right this not on the developers but wrong about the Development Plan. They updated the Regulations to allow (indeed promote) 10 storey buildings. (And then updated again so the uninhabited floors no longer counted as floors so you could actually build higher still.) They just didn’t ask us. To paraphrase the lawyers “Although not everyone may agree with Parliament’s decision to permit developments of this style in this area, this is a policy decision which Parliament has made” and on which the public have/had no say.
100%
Who elected those who made the changes?
All those that are complaining now.
The public.
Dah wah unna get
Still does not make it right for the people of the Cayman Islands.
You mean the people who elected the lawmakers, right?
maybe ask the objectors what was there before they built their developments…
the hypocrisy of nimbys is astounding….
What was there?
13 @ 12:20 pm – What was there before was cocoplum brush – should still be there!! Not sure of 11am’s point.
This guy using the term of nimby to describe anyone against more development is a perfect example of what the Cayman Islands have become.
A playground and investment arm for the wealthy expats selling to more wealthy expats.
Avarice will destroy what is left…….
Theses types of condo developments are not for ordinary Caymanians or ordinary working Ex-Pats on this island….they are pricing the working/middle class wo/man out of the islands.
Govt speak about the amount of billionaires on-island like its a good thing…they are/will throw the market completely out of kilter – we’ve all heard the stories of knocks on the front door with huge unsolicited offers to purchase. We are heading towards more gated and eventually guarded and further armed security “compounds” and the “othering” of ordinary locals and ordinary residents.
Developement must be strategic, planned and controled. There must be a slice of the Cayman dream available to all, not just the fabously wealthy few.
Object all you want, it will get built (unfortunately). “Never a better time to buy!” “Arguably the best location”
Add the realtors to the cast of villains.
Development for the wealthy is never done for what’s right nor good. It’s done because it’s profitable.
And the jobs for constructing it will go to Jamaicans. Very few if any Caymanians benefit from these projects.
That is because they’re a so few Caymanian in the skilled trades. Who’s fault is that?
Governments for not opening a trade school years ago as many suggested! Why have all these wealthy developers/construction companies not opened one…
your are having a joke here?
why should developers/construction compays open a trade school?
no local wants to be in the sun all day thats why labor is needed from overseas.
thought it was the CIG job to develop the skills needed and to enhance their employment prospects?
so instead you propose local companys to foot the bill for CIG failures?
wake up and smell the coffee!
Perhaps you should try attending school with your grammar and spelling and pay for it yourself.
My gramma did quite well at school actually, no need for her to go back.
Why should they waste their money because all they want are the cheap sub contract buy a work permit labor that even though being illegal, our labor minister along with WORC never enforce the laws
No. It is primarily because government intentionally allowed the minimum wage to remain low in order to augment sole-sourcing cheap expat workers. CIG makes more from WP fees and happily throws their people under the ………….. well, under the bus, if there were one. 🙁
My staff who sweep the floor get paid $10/hr
Standard wages are $16-$20 per hour for a basic carpenter or mason.
It has nothing to do with the minimum wage.
This is about the construction industry. Not the domestic helper industry.
Get educated before you start spewing bullshit
There is a bus, but the driver went home early.
100% agree.
Except that the local “workforce” is unemployable.
Evidently you have never been on any of the construction jobs because most of these people on the job are not skilled at all but just a physical body on a buy a work permit. If you think this work is done to a quality standard you are very mistaken. All the developers want is cheap so they can maximize the money they take out of the project.
11.12am Caymanians are skilled but won’t work for half of what they made in the 80’s. Only 20% of the Jamaicans are skilled which us why all the bad work we see.
The Caymanians will make there money off of selling work permits for all the workers who will be on the job.
If i see another construction worker on these Islands I’m going to puke. The spirit of Cayman is gone
So your plan is to puke instead of working to elect better Ministers? No wonder Cayman is a mess.
“ The DoE has repeatedly stated that the planning regime needs to be updated with climate policy in mind to deal with a managed retreat and much longer coastal setbacks, putting an end to developers being allowed to build too close to the shoreline.”
CNS March 12
Did you miss this? MANAGED RETREAT! Memorise these two words and start any new construction/redevelopment project with evaluating the project with the MANAGED RETREAT strategy in mind.
If it fits within the existing laws and regulations it should be approved. If it doesn’t, it shouldn’t. The rest is just noise.
I thought that saving SMB strategy is to gradually remove all buildings from the beach side.
What is all the commotion about as the CPA will approve as long as the right consultants are involved. In the next few years all the old condo’s will be demolished and hi-rise towers will be in their place.
how about we start charging the developers to take the debris from these takedowns OFF ISLAND. I love how we have to solve Mt. Trashmores issues, while these developers get to put entire complexes in it.
The tragedy is that all 38 condos will be sold to none Caymanians who will pay zero annual property tax, zero income tax on any rental income and zero capital gains tax when they flip it. Ironically they will have to pay the tax on income in their own countries. Why does Cayman not insist it is paid here instead. I have discussed this with MLA’s and they just look blank. Absolute madness.
Too much admin. My brain hurts just thinking about trying to implement it. – Lazy civil servant.
Because the only reason people you’re describing buy them is for the tax advantages. Take those away and they won’t sell.
Also you forgot to mention stamp duty. All the materials are taxed coming in and the condo is taxed at completion and every time it sells thereafter. What more do you want?
Exactly. Government needs to tax foreign investors to bring property prices down.
This must be the only country where as a foreign investor you pay no tax on rental income or gains from selling. Why? Less tax revenue and house prices Caymanians can’t afford
There is a 13% tourism tax on all rental income
So basically you are saying it is a great investment!
The stamp duty paid on the purchase of property in the Cayman Islands generally substitutes for annual property tax used in onshore jurisdictions – except the tax collector receives it up front.
Triple it for a start and make them pay for debris disposal and all infrastructure changes.
Let’s calculate roughly how much tax will be paid. If you look at the CPA application, this is a $60 million dollar project. This sounds about right, with the average cost per unit at about $1.5 million.
Upon completion, won’t the government will receive at least $4.5 million in stamp duty alone from buyers?
I doubt much revenue will be generated from the 13% Tourism Accommodation Tax, since these units are priced way too high to end up on Airbnb.
As long as the owner doesn’t keep the unit for more than 5-10 years, the CI government comes out ahead (compared to if they charged an annual property tax like other countries). The lump sum upfront can be invested immediately.
Um, have you heard of stamp duty?
And how many actually live in them? Look at night, the places are in darkness.
Build it! Build It! Build it!
They object to breeze.
If you watch walking tour videos of Waikiki Beach, you can see the future of West Bay Beach. Complete with seawalls almost into the water and the need to walk around the backside of condos built too close to the water.
Greed greed greed! No doubt the existing owners will get an upgraded modern apartment for free with the attitude of me me me.
I’ve never understood why the rule is about 10 stories high (or 5 or 7) when shouldn’t it be based on the height of the building?
I’m sure those additional stories will quickly become habitable once the laws open up the number of stories higher.
its both but height is measured in storeys first – in this case 10 are allowable (not including any storey below grade) and then the height from finished grade to top of structure is (in this case) 130 feet not including various non habitable things on roof.
Thanks again McKeeva, the gift that keeps on giving.
and the wheels on the buss go round and round! round and round! ZZZZZZ….rich always get wa they want! ZZZZZZ
…go to school and learn how to spell…