Mailer: It’s ‘blindingly obvious’ NCA not stalling development
(CNS): Stuart Mailer, the chair of the National Conservation Council, hit back on Wednesday at the false narrative being peddled by developers and politicians that the National Conservation Act was slowing down economic development. As he opened the NCC general meeting, he said the rate and scale of physical development taking place in the country was “blindingly obvious”. He maintained that the law does not need to be amended and certainly not without full public consultation as the facts do not support the claims being made.
In a statement reviewing the NCC’s work over the last year, he said the Department of Environment has handled 663 planning proposals and projects so far in 2024. In October alone, on behalf of the NCC, the DoE processed 84 planning applications, all within the timeline and only a few required consultations with the applicants to clarify questions.
“Unfortunately, there is still a narrative being pushed by some that provisions in the NCA are slowing down economic development and causing an imbalance between conservation and development,” Mailer said.
“Those who promote this narrative have concluded, erroneously from our perspective, that
amendments to the NCA which seek to redress this perceived imbalance are urgently required. However, as the council has repeatedly pointed out, the facts simply do not support this narrative.”
In October, just one application was recommended for refusal because it didn’t meet coastal setbacks. It was also adjacent to a marine protected area and on a turtle nesting beach. Given the impact climate change is having on the shoreline, sufficient setbacks are now the most fundamental rule if Cayman’s continued development is to meet the government’s stated aims of sustainability.
Another three applications were over crown property and required a coastal works permit rather than planning permission. The rest were simply given advice and suggested conditions of approval, only four of which were directed, demonstrating that the law and following the process were not curbing development.
In addition, the planning department has decided to submit all applications for review under the law, even though the Central Planning Authority has been given the NCC’s Guidance Notes to identify which applications would likely cause adverse environmental effects. By following the guide, they could reduce the unnecessary delay for their clients and increase the fairness and consistency between applications.
Instead, the false narrative peddled for over a decade focuses on blaming the NCC, the DoE and, above all, the law for perceived delays.
“The false narrative that the National Conservation Council and the National Conservation Act would somehow restrict development was a prevalent feature of long-standing objections to the NCA raised by certain vested interests before it was passed into law,” Mailer said.
“Unfortunately, those objections have been kept alive throughout the now almost 11 years of the NCA’s implementation, along with continued scaremongering that having protected species present on one’s land will somehow result in automatic refusal of all development. As we have seen, even if there is an endangered iguana on the land, permission can still be, and has been, issued for its development.”
Mailer made it clear that the law and the council exist to promote informed decision-making and sustainable development that requires environmental concerns to be considered by decision-makers, just as they would be expected to consider social and economic issues.
The approach expects all parties to participate in a process of informed decision-making. Before engaging in major private or public sector projects, decision-makers must actively seek to understand all the benefits as well as all the costs of each proposal and not rely solely on the anticipated benefits put forward by the proponents, Mailer explained.
He also objected to speculation that the government wants to remove some of the scientists from the NCC, noting that it was deliberately set up to have technocrats as members so it could function more efficiently. Expertise is provided by three government departments as well as by appointed Council members.
“It is our understanding that the proposed amendments to the NCA include removing the current requirement in the NCA for four of the eight Cabinet-appointed members of the NCC to have relevant scientific or technical expertise,” he said.
“Our view is that such an amendment would place the council in an untenable position with respect to being able to carry out its duties and fulfil its legal mandate to promote nature conservation in Cayman, preserving native species and healthy natural habitats for the future benefit of all citizens of the Cayman Islands.”
For years, the Office of the Auditor General has raised the issue of poor governance of authorities, boards, committees, and councils due to a lack of genuine expertise. So, the NCC was structured to address that issue. However, a misleading narrative has confused the public about the power of technocrats.
Tourism Minister Kenneth Bryan recently incorrectly stated that the council is chaired by the director of the DoE, which is simply not true. Given that NCC meetings have been open to the public and publicly broadcast for the last decade, it is unclear how elected officials opposing the NCC and the NCA can be so ill-informed.
Mailer was appointed to be the NCC chairperson by a Cabinet that included Bryan, the minister who made the false public comment. No civil servant has ever functioned as the chairperson. Even if the Cabinet wished to remove the civil service members, it could not do so under section 3(8) of the NCA without first amending it.
However, Mailer said that doing such a thing would be very unfortunate. Separating the various technical agencies involved in the NCC would introduce consultative delays and bureaucracy — the excuse currently being touted to gut the law — which the NCC was deliberately crafted to avoid.
“It’s this council’s strong belief that no amendments to the National Conservation Act are needed or warranted at this time as the relevant provisions of the Act simply ensure that all government entities function in a manner which is designed to promote the long-term sustainability of our natural environment and resources while making decisions in relation to national development projects and plans,” Mailer said.
“However, should the government decide to move forward with the amendment bill, the council strongly recommends that every effort is made to ensure that robust public consultation takes place on the proposed amendment,” he added.
See Mailer’s full statement below:
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Category: development, Land Habitat, Local News, Science & Nature
the planning department is trying to deflect their inefficiencies and incompetence. some people take years to get a CO. they are PAINFULLY slow. NCC is not slowing down development, the inefficient process of the planning department is.
Well it’s blindingly obvious that we are not short of parrots around here.
Sayeth the developer bot
Sayeth the tree shagger
“Well it’s blindingly obvious that we are not short of parrots around here.”
That might be because there is literally no where left for them to live in peace and safety!
They are critically endangered with what little land is left now. Do you rather they go extinct? No pride in that outcome.
Mr. Mailer I personally want to commend you for surprising me as I thought there were very few honest people left in the world. Thank you for standing up and speaking up. As a new development company but also one who has read just about every planning application going before the CPA and also the many that are adjourned or deferred to the DOE although the comments are there, yet it is common for many of the applications to be referred to the NCC for additional comments. My second subdivision though having thorough but no negative comments from the DOE was referred to the NCC for additional comments because the South Western corner of the subdivision was approximately 500 ft from the Salina Reserve.
This seems to be some kind of political fighting that the CPA has taken up that is very costly to the people of this country.
The CPA didn’t pick the fight, the NCC/DOE (they are entirely the same thing) did.
Some of us need to go back to kindergarten.
Yes you do.
Then why did they have to admit in court that they broke the law? Again.
It was simply ridiculous that the representative from the Planning Dept decided to vote AGAINST a management plan for an already protected, endemic and brought back from extinction “Cayman blue sage”- a very pretty blue landscaping plant.
You seriously can’t make this stuff up and it just goes to show what blind ego has done to planning intelligence and clearly this is why we don’t have a sustainable development plan or a civil service that has the integrity to uphold the values or knowledge of culture and environmental heritage in the Cayman Islands.
And they want to remove the technical expertise on the board?
It’s time to clean house!
Don’t believe everything you read on GNS.
Development is not inherently evil and is too often vilified here.
How exactly will we replace our existing housing stockif we do not engage in new development? We are on a storm-prone island. Hurricanes, insects, humidity and heat take their toll on the structures here. Those structures have a natural lifespan and need to be replaced every 50 years or so. Think about it. How old is your home? Do you want 50+ year old plumbing, electrical, roofing. 50 year old floor tiles and windows? The stock has to be replaced.
It is simple math that if we fully replace the housing stock here every 50 years for the 88,000 people who currently reside here and there are 2.5 people per residence on average then we need to build 704 new homes each and every year just to tread water and keep up with replacement stock. That leaves nothing for investors and newcomers.
We need to stop shaming development and start accepting reality. It’s not the end of our islands every time somebody turns a shovel. It’s a necessary part of our evolution and society.
Not sure if you’re blind or being disingenuous because the majority of the development happening isn’t for people that need housing.
Cayman doesn’t need any more luxury apartments and places advertising their ROI.
The environment council is concerned with protecting and preserving the natural environment. If you want to knock down an old building and rebuild it no-one is stopping you do that. You get top marks for inteligencia!
Fifty year old houses may need the electrical, plumbing, roofs, windows and doors replaced but that is different from building a house from scratch and putting it on the iron shore, in the mangroves etc. you are deliberately trying to mislead or you are a freaking confused person. You make no sense!
Developers are replacing old hotel stock; they’re building new stock all over the place… and going higher as well. And it’s not just hotels. But then… you knew that and are just trying to muddy the waters with a disingenuous argument. You must be a realtor.
They are following the laws which are in place.
It’s blindingly obvious that the NCC Chairman is out of his league and being fed propaganda by Herself aka Director of DOE.
you been down seven mile lately- that ain’t no propaganda you seeing there
He only seeing money in his pocket.
whose propaganda you are being fed?
My propaganda is better than your propaganda.
Not Gina’s, which you are stuffing yourself with.
Why is the so called “False Narrative” being peddled Mr. Mailer if there isn’t some shred of truth to things. Where there is smoke there is fire and NCC and DOE’s unholy cabalistic collaboration to slow roll, ignore, then deny things is rooted in reality. Developers are calling it out as the bullshit it is. Stop lying to the people and people will start respecting you.
There is neither fire nor smoke – there is only the corruption that certain developers and members of this Government are involved in! Mr Panton is right! We have to stamp out this corruption or our country will be broke and our children’s future destroyed!
The same Panton who lent a minster in his government a million plus dollars to ensure her loyalty? Or a different one?
its all a waste of time without an overall development plan for the island which should be based on what is environmentally sustainable for the island.
You mean the development plan the developers have been begging for? Or a different one?
Different. An environmental sustainability plan for the good of the island and its people, not developers and HNW individuals.
Given that it is totally obvious that the law isn’t stopping development, what is the actual goal of the idiots in charge?
Jon-Jon and Jumping Julie want to get rid of everything so their developer buddies and the CPA can do whatever the hell they want and where they want to.These environmental people better watch out as they will be steamrolled over soon.
The bunch of rministers and those few left over from the recent reshuffling has got to be the least educated, least intelligent, least efficient that we have had here on this rock ever. How in God’s name did voters decide that it was in our best interest to vote for these jackasses? I try to stay away from the center of town but recently had the misfortune to be driven through the area by the GT post office. What the hell is all that confusion going on there?
Lining pockets and getting the hell outta dodge?
They want to take peoples land
It’s blindingly obvious to everyone except for GNS that that is not the issue with the NCA, and there are plenty of legitimate issues which need to be addressed.
Which are?
No answer to your question, apparently. Tells you what the answer really is: nothing. (That they can defend with a straight face or in a logical manner.)
It’s incompatible with the constitution
The next Big One will do just that. How long did it take to recover from Ivan?
SWFL is still recovering from Ian, 2022 and 2024 Debby and Helene and Milton!
Cayman is NOT prepared for another Cat.5 direct hit. Cayman luck will run out eventually simply because it is not prepared and is only focusing on overdevelopment.