CEC aims to shut down objectors to transformed PAD
(CNS): Cayman Enterprise City (CEC) is hoping to eventually secure planning permission for a new, completely transformed planned area development (PAD) application on a site located off the Linford Pierson Highway in seasonally flooded mangrove forests.
The surrounding area already experiences increasing flooding because of the growing development in this part of George Town, leaving residents in the area with major concerns about the new PAD. But CEC is asking the CPA not to consider the objections, arguing through its lawyer that the residents don’t have legal standing.
Following the meeting, the CPA decided to take independent legal advice on whether to allow consideration of the objectors’ submissions on the significant amendments to the original PAD.
This development, one of just two major projects that the CPA heard on Wednesday at an additional meeting (the other being the Westin’s redevelopment project), poses a number of significant concerns for the Department of Environment as well as the surrounding residents.
The limited radius for objections is already a major problem, as runaway development in flood-prone areas and the removal of mangroves have a far wider impact on residents outside the notification zone. The most critical issue with this project is the ongoing drainage and flooding in the area.
The loss of more than 75 acres of primary mangrove wetland habitat and the removal of the lakes from the original design to make more room for buildings will most certainly significantly increase the now regular and evermore dramatic flooding happening across the South Sound basin.
“With the proposed increase in total area, the density of development and increased areas of hard-standing, the proposed modifications to the PAD only exacerbate these concerns,” the DoE has said.
The government has ignored advice from the Water Authority, the DoE and other technical government entities about the need for a comprehensive stormwater management plan for the whole area rather than depending on the woefully inadequate piecemeal drainage systems installed by developers.
Nevertheless, CEC is arguing that the people who are facing the potential loss of their homes because of this project should not have their objections considered because this is not a new application but a modification.
In a letter to the CPA, CEC’s attorney, Samuel Jackson, accused the objectors of frustrating the process of this application with the various issues they raised. He wrote that “on a proper construction of the relevant statutory provisions, none of the persons who have objected have legal standing in this application”.
He said this was largely because this is an amendment to the existing PAD that was given planning approval in December 2015. Since then, the project has effectively transformed and now contains hundreds of residential units and more commercial buildings and spreads across another 4.5 acres.
The lawyers argue that only objectors with legal standing can object and only objections to the specific changes and not the entire plan should be considered.
However, the PAD is now very different from the original, much smaller commercial project, as it has transformed into a mixed-use development. Dozens of residents in and around Vienna Circle, already impacted by significant flooding during every rain event, are now very concerned.
One of those living in proximity to the project is Melanie Carmichael, a founding member of the Cayman Islands’ leading environmental non-profit advocacy group, Sustainable Cayman, who asked the developer, given the impact this project will have on the community, to hold a town hall meeting. But the developer has not done so.
Most of the objectors have similar concerns. Although many of them had not been overly concerned about the original limited commercial project for the economic zone campus, the significant expansion to a widescale, high-density residential development, very different from the original development, has now caused real worry for residents, mostly because of the elevated flood risk and the major change it presents to the neighbouring community.
The objectors believe that the latest changes to the PAD, which has already been subject to multiple modifications since the original application, should merit a complete review of the development, including an environmental impact assessment.
In direct response to Jackson’s letter, the objectors argue that they have a statutory right to be heard on all planning applications, including amendments. They point out that the substantive extent of the changes amounts to a new application.
“It is procedurally unjust to deny objectors the right to be heard when the original proposal they supported has shifted so dramatically from its intended purpose,” they wrote in a collective letter from their residents association.
As planning applications become increasingly contentious, both sides are threatening legal action. Jackson has said that CEC could take legal action against planning if it allows the objectors to be heard, while the residents have made it clear they will seek a judicial review if they are not.
See the application documents and correspondence on the planning agenda in the
CNS Library.
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Category: development, Local News
Why is Dale Crighton involved?
And Selina Tibbetts?
Where do you see that?
Dale is everywhere.
Hmm, 75 acres will hold 2 million gallons of water if covered to a depth of 1 inch. If you pave over those 75 acres and get 4 inches of rain you are displacing 8 million gallons of water. Depending on where that water settles is going to be a bit of an issue. There are many ways of dealing with water, like having permeable hardscape but until planning start looking at water management, we are always going to be shifting water from one area to another and likely increasing flooding.
Then CEC’s activities will only cause or contribute to it getting worse.
CEC have to, by law, manage surface water disposal/drainage on their own property.
Whiners circle owners should do the same.
That’s precisely the problem. Their original plans had somewhat adequate provisions, such as the lakes that would help manage runoff. But the revised plans have filled in the lakes and replaced them with parking lots and other buildings. They have to manage water runoff by law. Their plans no longer manage water runoff. So they should not be approved.
What Dart should do is purchase all these poor people to end their suffering and you can continue to destroy this island.
Why DART, this is not his project, why doesn’t the Kirkconnell family buy them out?
Because every poor decision by Caymanian’s are blamed on Dart (or pick your favorite scapegoat) – Dart deserves many, but not all. It’s the ‘Cayman Syndrome’ (as long as we can blame others, there is no reason to accept responsibility for our own poor decisions).
How is Dart involved? This is Charlie Kirkconnell.
After Royal Palms I’m beginning to think D has his fingers in absolutely every single piece.
Funny, Dart bought it from the Kirkconnell ‘s, all the same players.
….And this is the sum total of what we can collectively do to affect positive change — click on the “Angry” emoji. What we need is true representation, which reflects OUR will. US. Those who elect YOU.
Yes Buyer beware and build drains.
Cayman is already a Special Enterprise Zone. The only value CEC provides is getting work permit processed in a reasonably amount of time. If WORC worked better there would be no CEC.
There is a 0% chance I am giving up 60% ownership/control of my company.
I would move my company, and do layoffs (including Caymanians) if CEC didn’t exist anymore.
How many Caymanians out of how many staff?
*crickets*
It’s been nice having you.
You wouldn’t need to. Assuming you’re not selling services locally you can have an exempted company.
Thank you!
prove you got caymamiams hired
lol, you haven’t hired any Caymanians.
Who would
It never should have been allowed in the first place. The 60% was put in for a reason.
You get much more out of living in Cayman than Cayman gives you. We will be fine without you, thanks. We wish you well.
Hope you paying your staff well, cause judging from all the lawsuits, Charlie been having a hard time collecting rent and other unpaid fees from numerous SEZC’s !
and add in those convicted in the US of securities fraud using SEZC companies
Securities Fraud… And CIMA/FCIU and other relevant government entities are silent on this?
Typical, the Kirkconnell’s and other so called founding families think they are holier than thou. This is pure, in your face entitlement, it has been and still is ruining Cayman. Unbridled greed and privilege, wether it be generational Caymanian or new Caymanian expat needs to be legally constrained to protect what little we have left. Lastly, why does this family backed, tax avoidance clubhouse need to be located in the middle of a residential area, why not decentralise it to the bluff in the Eastern Districts?
Well according to the Cayman Compass article, in the photo of possible objectors, the first man in the bottom picture with his hands in his pockets is Gerry Kirkconnell. So essentially, he is objecting to his cousin’s project.
Along with Berna Thompson and some other people. With at least one other questionable, partisan “activist” present.
our greatest natural resource is the environment of our lovely islands but Greed in chasing industries that are already situated in the best locations in the world is going to Make Islands into a concrete toilet
Explain to us then why marijuana use is illegal.
The legal attempt to deny the objectors an opportunity to air their concerns is eye-opening. CEC, through their attorney, are hoping to push this through on a technicality. This is practically an admission that the planned expansion (complete change) of an 8-year old approval will negatively impact storm water retention/runoff. It may not affect the location of my dwelling place, but I must throw my support behind the objectors, because who knows what happens in the next 5 years when some multi-million dollar development changes the physical landscape ‘closer to home’. More and more ‘original’ housing developments are being impacted by what was previously green acres, being built up significantly, and thus changing the natural flow of water to find its way to the coast, or as the case here, to the nearest point lower than the newer development.
The original proposal was meant to help us create a thriving tech industry. The new proposal is just a bunch of houses. Did this get duty concessions??
CEC is a real estate play. You set up in CEC buildings, have to use Kirk ISS IT services etc.. It is a Kirkconnell family real estate play.
So, what’s wrong with that, if that’s the case, perhaps you prefer the Dart monopoly!
Neither. They cannot just like our politicians press on with reckless abandon without considering objections of the residents in the surrounding area, the wider general public and considering environmental impacts. How much of this comes from the public purse? What was the original budget compared to the budget now? 20 years is it now and still gotten nowhere?
Where do you expect these tech employees to live? Would you prefer they take up existing housing and drive rental prices up even more?
Can we see just how high rental prices will go?
Not to worry , I am sure the Kirkconnell ‘s will get this pushed through. CEC operates in a vacuum with no oversight.
For the record, Charlie Kirkconnell is the only Kirkconnell family member involved in CEC in any way. This is not a “Kirkconnell” family group venture even if there were such a group.
LOL, so Charlie is able to finance the construction of the entire project? Charlie had the foresight to buy 75 acres close to town? (let’s check the land registry) Charlie was able to maneuver the passage of the legislation to create CEC all by himself? Does he also control Kirk ISS, because all CEC firms need to use them for IT support? Charlie is just the front man.
As far as I know he is the owner along with other Caymanian and Cayman status holders.
Nimbyville.
Vienna Circle owners shouldn’t have bought/built in an unfilled valley. Waist deep water down there post Ivan, nothing to do with any recent development.
Do you have the same view for the non-expat residents who get flooded everytime it rains, or is this only coz you can’t tolerate south sound expats?
Floods in Cat 5 hurricane is very different from floods in rainy weather. If you can’t see that you’re the nimby.
Perhaps you are stupid or maybe you are just deliberately avoiding the point. The retention of water in the Vienna Circle area matters not if it is a Cat 5 or a light drizzle.
Either way, nothing do do with recent development and all to do with the way the area was first developed.
Buyer beware.
Build drains and stop complaining…your flooding was there before CEC.
Whoops, that truth just hurt Vienna circle property prices.
Due to the flooding / drainage problem the value of all Vienna Circle properties has dropped considerably this year. So thankful I did not buy there last year.