Planning minister finally sees need to move WM setbacks
(CNS): After four years at the helm of planning, Minister Jay Ebanks has finally accepted the pressing need to address the massively inadequate high-water mark setbacks for development in the planning regulations. Before he was ousted from the office of premier by his PACT colleagues, Wayne Panton said he wanted to address the issue, but after his ouster, the project stalled.
A recommendation to establish a Seven Mile Beach coastal setback reference line was supposed to go before Cabinet for approval in mid-2023. However, by then, the cracks in the PACT government had become increasingly apparent. By October, Panton was replaced by Juliana O’Connor-Connolly, and the proposal for an updated setback line on Seven Mile Beach was not acted upon.
The plan was to also address coastal setbacks around the whole of Grand Cayman and for them to be assessed on the conditions of a given location rather than the current one-size-fits-all approach, which now fits none.
However, as part of the new NCFC government, Ebanks appears to have acknowledged that the Central Planning Authority is approving developments that are far too close to the water and how that impacts coastal erosion.
As he begins his second term as planning minister, he said on Radio Cayman on Monday that changing the HWM was now a priority. He said he saw it as something that he could “pluck out” and work on for “a quick win”, instead of waiting for the completion of the full new National Development Plan.
The plan, which is expected to form the basis of the revised planning law, has, inexplicably, dragged on for years. As a result, the CPA continues to make decisions based on the 1997 legislation, which is no longer fit for purpose, with woefully inadequate protections for the environment and the shoreline.
To make matters worse, time and time again, the CPA has used its discretion to waive the already insufficient high-water mark setback at the request of developers, compounding the ongoing erosion problems, without taking into account the rising sea levels and changing weather patterns as a result of climate change.
Ebanks said the planning team was looking at the data and working with the sustainability ministry on where the HWM setback should be. As he committed to making the necessary changes soon, he said he had noticed properties in his own constituency of North Side that were given planning permission for houses that were clearly too big and obviously too close to the water.
The need for this has been well documented for some time. In February last year, the Department of Environment produced an interactive map showing inadequacy of the current setbacks and how poor planning decisions and the constant waiving of those already insufficient coastal setbacks have contributed to the erosion and damage to oceanfront buildings.
Following a powerful nor’wester in February 2024, the map demonstrated the level of destruction to both new and older properties by one relatively benign weather event. The map also highlighted where advice given by the DoE had been ignored by the CPA and developers, leading to the inevitable problems they had predicted.
As well as finally committting to doing something about the inadequate HWM setbacks, Ebanks said that he would be focused on the East-West Arterial Road extension because almost everyone in the new government campaigned to get the road finished. However, he said nothing about the route.
Jay Ebanks was part of the Cabinet that opted for the most expensive, least green route, which was the most likely to expose the critical Central Mangrove Wetlands to development. But during the election campaign, the TCCP candidates, including Premier André Ebanks, committed to changing the route to the alternative, which scientists said was less expensive and less environmentally damaging.
There is also a financial challenge facing the road. No funds have been allocated for its construction, and the government is currently dealing with growing healthcare and welfare bills while facing a potential deficit of at least $26 million, which it must address before the end of the year.
A failure to balance the budget would be a breach of the Public Management and Finance Act, which could place the Cayman Islands’ finances back into the control of the British government.
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Category: development, Laws, Local News, Politics
That East West Road needs to go kept in its original assigned corridor, because TCCP’s alternative puts it right through housing communities, farm land and the Frank Sound Fire Station. I don’t know how much more expensive and how much more stupid that could be. And they all talk about the cost of living and food security? Well it seems if we get their alternative, we will have to stew mosquitoes. The USA has decent roads built through their national parks so why can’t a road be built on the edge of some swamp land here? So TCCP, get practical. It sure isn’t anymore expensive than your alternative. And I can tell you, it sure as hell aim going through my farm.
Not in your back yard right Joey! There must be an accountable, regulatory and financially viable path without self-interest pushing the agenda. The gazetted road has been aligned by that property for decades.
Horse and bolted come to mind.
Anyhow, the global insurance markets will take care of future development before any government rulings on setbacks. I would not be surprised if we start hearing – especially if this is an active storm season – that condo developments on smb are being refused insurance altogether OR are being hit with rates so high that forces owners to self-insure. Have a guess what happens next?
Anyone who has attended a CPA meeting with wide open eyes can watch XXXX. The development fraternity gets whatever it wants and the DOE is either ignored or blown off. And it doesn’t take a rocket scientist to observe that the OHWM set-back is as flexible as a rubber band…
This isn’t me being a smart ass. It’s a serious question:
In the last 5-10 years which projects have been granted approval to put structures closer to the HWM than the setbacks are meant to allow. I’m in the industry and have never heard of it except possibly for the new Royal Palms rebuild. Anywhere else?
You have a point however there have been a few projects that have just gone ahead in absence of planning permission, you must know the ones?
I know of some people doing specific works without permission and getting caught. But I remain unconvinced that widespread approvals to build too close to the water are occurring. Not counting the boggy sands cabana, where else (recently) has anyone been approved to build closer than the setback stipulates?
Several properties on the South end received variations. It’s obvious which ones but you can look them up too.
The f****** monstrosity that is Fin, is far to close to the seafront, hopefully it will fall in soon.
The deputy chairman of the planning board just granted himself a half of the length high watermark setback that is required by law for his own development in last week’s board meeting
Sick of hearing about these mystical expat developers. Yes, some are but the majority of the worst offenders are Caymanian and that’s a fact. And worst still, they use their influence to get away with things that the furriners don’t. The truth hurts.
But wait, wasn’t Royal Palms granted with an only 65 feet HWM variance last week on south 7mb where all the erosion happens?
But wait, isnt the developer of Royal Palms the deputy chairman of the planning board? But wait, isn’t it owned by DART?
Nothing to see here, just Cayman Kind
Context is a wonderful thing, look it up and try it sometime.
the context is that sone are more equal than others
Glad to know Jay Ebanks has finally seen the light as to the high water marks. it should have always been that way instead of the developers having all the say and getting everything their way. Hope the new road from the Eastern disricts can be done very soon now. it is so very badly needed. Scrap the Cayman Brac High School to save all of that money needed to spend on that. convert the accommodation block they did for expat workers to the school instead. Why would they spend so much money on accommodations for expat workers anyway. If they wanted to go there to let them find and pay for their own accommodations. Ten million dollars for that building to house them when so many Caymanians are homeless and so many others are struggling for affordable housing. That is a really shame and disgrace for any Government to do!
Jay isnt seeing any light lol. Bet he is being told this and what to do. Building more roads won’t do much to solve the traffic problems. Changing school and work hours would. People that endorsed Jay are developers so they are anxious for the road to get done but not to help traffic but to get a green light for their developments.
1000% we will have to see if this will be the crack in the coalition armour
Can we have the setbacks to the late 1970’s please?
Jay finally grew a conscience??? Give me a break. Andre and Katherine are finally trying to reign him him. Problem is the CPA board is full of Jay and McKeeva’s bidders.
Let’s see if his developer buddies still support him but doesn’t matter now. They already helped him secure a second term.
This won’t be much of a setback for development.
He’s obviously cut from the same cloth as Jon Jon, Ju Ju and Mac. It’s damn near impossible to fix stupid. I can’t see that anything is going to change. Jay’s statement is just that, meaningless words.
We don’t want another Fin Cayman. It was built right up to the sea and was damaged by the storm in 2024.
And who was the developer?
A Caymanian.
Now *that* is a helluva stretch.
A group headed by one MR who spear-headed the Ritz Carlton
Fin was the creation of Michael Ryan. It was constructed before obtaining planning permission, contrary to the advice of the Department of the Environment.
In time, Michael Ryan will be gone, and the responsibility of maintaining Fin — preventing it from being claimed by the sea — will fall to the condo owners, who, it seems, were unaware of what they were buying into.
And that affects you how??
Well for a start it breaches my prescriptive right to enjoy the foreshore.
Second it is entirely out of place and is a blemish on the face of Cayman.
They can’t stop you walking in front. Do it.
the security guard will come out and chase you away
Ignore him
Great idea. Higher setbacks will automatically stop the weather systems that cause beach erosion! No need to worry about loosing seven mile beach anymore.
The dump and beach replenishment should be the two only things that get worked on.
Don’t you worry, Jay’s buddy the CPA chairman will make sure it stays business as usual.
Can both Chairs be asked to step down? Don’t have any backbone. Just gotta say no to all the rubber stamping.
Look up the word incompetent in the good ole Websters, and this ministers picture appears. He didn’t see the need on his own free-will, he had to accept the need or possibly be ousted as Minister in the embryonic stages of this govt.
“Quick Win” is what the Premier has been focusing on since his days as a Civil Servant. Old habits die hard.
Should they take the PPM approach and focus on slow losses instead?
aaaaaaand queue all of the rich and butthurt foreigners who will have to tolerate us native “riff-raff” peasants being ever so slightly closer to them as they seethe in anger, knowing they truly can’t legally tell me to get off of “their” beach up to a certain point that they would take straight out to the drop off if they could.
It’s ‘cue’, but yes, I agree with the sentiments.
Changing the setbacks doesn’t alter the mean high-water mark, but you do you.
No one is “seeth[ing] in anger”.
My experience is that 99% of expats fully support beach access, and would be very happy if CIG raised the high water mark to the physical edge of people’s property. The expats who don’t like beach access rules can sell up and go home. I’m sure there are exceptions, but they are no more representative of expats than the inhabitants of Northward are representative of Caymanians.
It might give you a thrill to talk about the occasional asshole out there, but most expats (a) are only here for a few years before we must return home to look after aging parents, etc.; (b) are at least as environmentally conscious as the average Caymanian; and (c) have no interest in getting involved in slanging matches.
Peace out!
You need us! You don’t know what it was like before development.
You were also (likely ) the class joker in your school days 😂
Is this writer a Dartbot or a Boatesbot?
Same team.
yea im pretty sure the ‘rich and butthurt foreigners’ are more than happy with in increased setback as many are very environmentally minded and see the benefits of setbacks. How about you complain about the ‘foreigners’ leaving the empty lots an absolute state after Sundays partying, all you need to do is look at the empty lot next to Mandalay or the one next to white sands to see how bad this is but that would be your narrative right…….the rich expats are the only ‘bad’ people in cayman.
That’s Jamaicans and other low-class foreigners you are talking about, at least that is what people like to say.
Get a grip. All the worst developers on island are home-grown. It just hurts too much for you to acknowledge it.