Dart applies to renovate old Hyatt resort
(CNS): A planning application by one of the Dart Group of companies has been submitted to renovate the former Hyatt Regency Hotel. The property was acquired by Dart Realty from the previous owner, Embassy Investments Limited, in March 2016 when the local developer bought all of the land associated with the resort. But the bulk of the old 230-room Hyatt has stood derelict for almost two decades.
According to the planning notice, Dart proposes redeveloping the existing three 5-storey structures on the hotel site and the immediate surrounding area to provide a new hotel, retail and creative workspace, related amenities, gardens and a swimming pool, all on block 12D, parcel108.
A press release issued when Dart bought the site some seven years ago said that there were no definitive redevelopment plans at that point, but “in the coming months”, Dart would “study the site, explore options and master plan its integration into Camana Bay”.
Since then, the billionaire landowner became embroiled in a legal battle with the owners of the residential strata development of Britannia, which was built in conjunction with the original hotel. The owners in that condo community had access to all of the Hyatt amenities, including the beachside facilities, the golf course, tennis courts and spa.
The tennis courts were damaged during Hurricane Ivan in September 2004 and later lost completely to the Esterley Tibbetts Highway. The main part of the hotel was destroyed by Ivan, but the suites on the beachside survived. Britannia owners still had access to the golf course and amenities at what became the Beach Suites for the next 12 years.
But when Dart acquired the property, the group closed the golf course and began denying owners access to the beachside hotel facilities, which was turned into Palm Heights in 2019. What followed has been a protracted courtroom battle between Dart and the 200-plus owners at Britannia.
In June 2021, the Grand Court found in favour of the Britannia owners, ruling that Dart had inherited an obligation to the owners with the acquisition and should therefore provide both beach and golf course access to them all.
However, Dart appealed, and just last month, the Court of Appeal overturned the Grand Court decision, ruling that Dart was not obligated to honour the access rights that the Britannia owners had acquired when they bought their condos. A few weeks later the planning application to begin developing the hotel site appeared on the Department of Planning’s website.
While the architectural plans have been posted, no other details about the project have been submitted. The application, however, appears to be the first phase of a larger development. Landowners within the relevant radius now have just one week to object to or submit concerns about the plans.
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Category: development, Local News
Many developers deserve the label of ‘destroyers’ rather than ‘creators’. But, what Dart has destroyed on the Cayman landscape cannot be rebuilt.
Separate from the issues of a poisoned landscape, separate too from the shame of the restrictive access by locals to Cayman’s warm welcoming waters, and separate again from the resultant of overdevelopment induced traffic congestion, Dart’s destruction of Cayman’s brand as a sound legal jurisdiction, a once thought safe investment for property owners, is probably irreversible at least for decades to come. How many burned landowners have relayed their stories across the seas on how Dart has Cayman’s leadership in his pocket? The once loyal residents and status holders are just shaking their heads and scrolling down to the next best option.
To the Britannia owners, fight this to the U.K. Privy C. If you win, you will protect the land ownership interests of many Cayman residents. But, if you do win, you’ll need to step back and give room for the photo ops by government leaders, who have done nothing to help defend the rights of the people, but will smile for the voters, “we are there for you”.
True, true, true!!!
Very well said indeed.
Wow! Very nice!
Government could get lots of revenue from duties when DART starts this project… oh wait… DART has at least 2 decades of 100% duty free hospitality projects left under agreement with CI Gov…
Terrible, terrible! Why did they ever allow Dart to set foot in the Cayman Islands? Oh, I remember……He bought all of the politicians in the Cayman Islands that he needed.
A certain Judas brought him here, all in the name of the almighty dollar, after Belize and others places said no thanks.
Those who foolishly don’t believe Darts money doesn’t transcends these shores are very foolish indeed.The renovation of the old Hyatt will only benefit Dart and Dart alone Britannia will soon find that out shortly !
I’m curious. How does your house, assuming you own one, benefit anyone other than yourself?
Oh, don’t get logical now, it doesn’t sit well and is much less understood.
10 am. my house benefits the power co. the water co. Phone co. etc etc etc
And the Dart buildings are not connected to power, water, phone lines, etc. etc. etc.?
A lot of lawyers have apparently entered the chat. Probably low level. None of them appreciating how the Court here has been overly influenced by policy (an easy way out and a way to appease big daddy Dart)
the matter is simply bigger than Britannia, its about the entire registration system
there was no reason to find for Dart, Court could easily have allowed Britannias arguments and advised that all registrations need to be reviewed and tided up..it was clear what original britannia owners were seeking to ensure
Appeal this. Stop Dart. And dont be afraid, just because all the big firms are ‘conflicted’ (FFS, what a sham this all is).
Upholding errant, inconsistent, or manipulated historical registration records is not justice for property owners, who following. Est practice, shouldn’t find themselves in the back seat to a noxious commercial developer. It signals to the entire property market that this is third world locale that deserves corresponding valuation discount. Buyer beware!
849- Due to your attitude, injustice, and sophistry lawyers have never been held in high esteem.
To quote Shakespeare, “the first thing we do, let’s kill all the lawyers.”
Hmmmm.
The lawyers have entered the chat.
Saul good now!
9:23 pm Certainly not any talented ones. There is NO way this would win at the Privy Council, even if Britannia lawyers were stupid enough to recommend it.
Extract from the Privy Council judgment in Energizer Supermarket Ltd (Appellant) v Holiday Snacks Ltd (Respondent)
(Trinidad and Tobago)
JUDGMENT GIVEN ON
9 May 2022
Heard on 15 March 2022
Paragraph 25
As there has been no registration of the equitable easement … the question as to whether Energizer is bound by the equitable easement turns on whether it had notice of the easement.
Anyone really think Dart didn’t have notice of the disputed rights? Because if he did, that’s a little awkward in light of the Privy Council’s previous decisions on similar disputes.
Britannia should appeal.
the foolish,man bulid his house upon the sand.
Let them build as fast as they can that way the sooner it will all come tumbling down because things cant go on as it is.
There are a lot of attorneys aghast at the ruling regarding the rights/easements/covenants/restrictions and would urge Britannia owners to appeal it. The Court got it wrong. Britannia need better attorneys
No attorney who understands land law is aghast. Too many attorneys on this island think they can do land law and get it very, very wrong, very, very often. They registered easements as restrictive covenants. The Registered Land Act literally states that you cannot do that. Britannia owners needed better attorneys when they bought the properties originally.
10:35 am Legal 101 you are EXACTLY right. And I would add that just because you have money to pay attorneys, doesn’t mean you’re getting the best advice. Literally there are only a handful (if that) of local attorneys who truly understand and practise land law.
And Dart owns them all
Somehow I don’t think he owns the Court of Appeal. He may be a big dog in Cayman, but the senior Court of Appeal judges from the UK won’t give a damn who Dart is.
I’m not so sure. I’ve seen some strange decisions come out of CoA Cayman when it comes to high-ranking people. So much so that I lost faith in them, but not the PC. I sincerely hope Britannia is appealing to PC.
10:05 pm You do realize that the Cayman Islands Court of Appeal is made up of a panel of judges (ie not just one)? And that they are among the best in the world? And NOT from Cayman?
Why do you think that?
And how do you know he won’t buy U.k. people just like he does Caymanians?
They have locked-in conflicts with the expertise, many of whom are also tenant firms at Cbay.
3:42, So true. As someone who last year, tried to make a legal case on a property dispute against Dart, discovered none of the biggest and most expensive law firms would take my case because Dart had all of them in their pockets. There was only one exception, though they were bogged down in another case against Dart so would not take our case.
Money rules in Cayman based law firms.
Conflict of interest – you can’t represent a client on one matter then act against him on another.
11:18 am Not true.
3:42 pm Blame Dart for hiring the most talented attorneys based on their areas of expertise. What an idiotic comment.
We actually don’t have many land laws, most authored by simpletons, so most lawyers can keep up just fine, after a read-in. It’s the missing property rights that exist elsewhere that create Cayman-specific drama. Ie The absence of tenant property rights and property protections – even if due to government error, and/or failures on transaction supervision. As soon as the Registrars rubber stamp hits the deed it becomes immutable gospel.
But we do have real estate lawyers who are terrified to go head to head with Dart on real estate issues.
Because their prospective clients have no case.
Because nobody has the funding to go up against him.
That is the prevailing untested assumption, but in reality, Dart are extremely cheap, and cut corners. Ken barely cracks the top 5 richest in Cayman, and he should be more careful about who he sets off against. There’s always a bigger fish.
Britannia’s primary financial backers sold up and moved on.
The real estate lawyers here are pussycats when it comes to challenging Dart on any real estate matter.
Experienced it first hand when we tried to get our freehold a few years ago from Dart.
And still waiting!
Where we don’t have land laws we follow UK (not US). We have extensive property laws, particularly on registered easements and restricted covenants which rights have been legally registered and granted going back to ancient times. Britannia should appeal to PC.
4:13 pm All you land law experts chiming in on this do realize that the lawyers who won this case are NOT actually land law or property law experts? They are well established litigators and administrative law experts.
And what of us British lawyers who do? Appeal Britannia, appeal.
Legal 101, But didn’t a couple of the original Britannia owners use Appleby lawyers when they bought their properties nearly 30 years ago?
Dart uses Appleby for much of their real estate work, though not sure if this is only just for corporate work for its developments ( ie, not disputes)
I think you will find that it was in fact the lang registrar that registered them as restricted covenants and had advised that this is how they should be registered.
That said, this was a fault of the REGISTRAR not any of the parties.
To find against Brittania, is to find against the Registrar.
The actual registration was originally performed by the developer who then sold the properties. The real estate agents crowed about the rights that went with the units which have been sold many times over. Now, decades later the intent of the original arrangements must be ignored because ‘technicalities’. Want to know why people don’t like lawyers?
How about rezoning it for Caymanian only affordable housing?
I’d love to see the looks on their faces if this were to happen?
I think you’re describing projects. That’s what foster bay villas is for.
and prospect
Bodden Town
We’re not in the US, why don’t you and your attitude go back to the projects?
The climate for ‘Project Developments’ in Cayman is nicer than the ‘Project Developments’ elsewhere. I’ll choose Cayman’s slums (Yes – this is what you are implying).
Be sure any affordable housing will be east of Bodden Town, if it happens at all.
Keep the poors hidden from plain aight.
As real estate booms, Caymanians question who their islands are building for.
January 26, 2022
https://periodismoinvestigativo.com/2022/01/cayman-foreign-investors-identity-crisis/
we don’t need riff raff around as we have the money people who like it to be ultra exclusive
Great idea after you pay Dart $50M for the property.
This is silly and not a productive comment, troll
Lots of expats don’t want affordable housing in good locations for Caymanians. Sad.
Stop lapping up the Marl Road bile, this has nothing to with expats. What is actually the case is exactly the same all over the world: (1) Greedy developers do not want to deliver affordable housing because the difference comes out of their bottom line and (2) NIMBYs of any nationality, in any country, don’t want “poor” people in their neighbourhoods.
Yeah. It’s all the evil expats getting together and deciding where Caymanians can buy property. Nothing to do with the Cayman government that a) doesn’t limit foreign ownership of land b) puts duties in construction materials and imposes taxes and cost of doing business that drive up construction costs so that, combined with a shortage of good locations, drives prices beyond the ability of most Caymanians to afford or compete with an international demand for property, then doubles down by making property ownership a requirement to obtain PR, and to top it off has no restrictions on developers to provide a mix of housing types, leading to a single minded focus on the highest priced properties which provide the best return.
Whoa… Slow down and read up on how to use a period in sentence structure.
Excellent summary and very well presented.
and it is working very good just like it is thank you
Nope. Too many locals being priced out and are suffering while developers and expats get duty waivers.
Cayman needs to charge developers 10k per unit to be put I to affordable housing fund and another 15k per unit for infrastructure improvements.
Increase stamp duty by 5% for foreigners and very Ltd. and anonymous buyer.
I already wrote my $100K check for “infrastructure” before I could get the CO for my house. Where did that go?
Check the Turtle Farm.
I would throw in a Caymanian government that has created a property price bubble west of Hurleys by refusing to deal with congestion issues.
Maybe it’s time to leave, 5:18 pm.
Busted up cars and dogs chained chain to trees doesn’t help values bobo
guess what we sold our land and now we want to dictate what they can do with it don’t be stupid england own this XXXXg island and who has land better stay owners and be partner in the development and stop giving your family land to expats to XXXX sell and make loads of money off of nothing that they brought here the bank is their friends and the evaluator is under estimating your land and getting paid to do it then the development is sold before they break ground and they use the money to build the XXXXX place and leave cayman islands Rich off you keep your XXXXX stuff and set the price for yourself
Cayman educated?? The little dot is call a ‘period.’ It helps to insure readers have an ounce of confidence you have any concept of how to communicate. And I won’t even make a comment about your basic sentence structure. I’m sorry, but any truth to your assertions is lost when you present yourself as uneducated, with poor communication skills.
It’s call(ed) a full stop. It helps to ensure that smart ass commenters don’t start sentences with the word and.
*ensure, but do continue to go off about how grammatical errors make you appear less intelligent.
Yes, they could definitely present their message much more clearly, but if you can’t extrapolate what they mean from what they wrote, perhaps it’s your own education that should be questioned.
🎵Well educated fools they have ruined di world🎵
*the world
Classic. The commenter has a valid problem and all you can do is criticise their spelling and grammar. What does that say about you?
Dialogue is the most critical factor and concept in modern society but you ignore it. And do that at your own peril.
When the fancy watches and the bourgeois handbags start getting snatched on West Bay Road and you blame it on everything except your own green and bigotry, we will know what inequality really looks like.
Don’t worry, your Filipino security guard will protect you I’m sure and the rest of us will be weeping as the yummy mummies in their fancy cars get jacked whilst at the lights outside Locale.
Except nobody will care. Because dog eat dog, rat eat rat and you seem like just that.
What?
Perhaps if the owners of “affordable housing” would properly maintain their yards and properties, avoid stacking derelict vehicles on top of each other in a postage stamp parcel and not hoard junk, then we would not have to put all affordable housing developments in some hidden crevice.
Great news. That has been an eye sore for years
I appreciate that Mr. Dart elected to go through the Planning process. Appearances, you know. Not necessary, I wager, but I appreciate the gesture.
After the fact planning permission. They started a couple years ago.
I wonder if they got a waiver on their planning and and buildings fees due to the hurricane damage?
Hooray – Mr. Dart saves Cayman again! Give Mr Dart and all his senior staff MBA’s as they are the best for Cayman!
Wow lots more high paying jobs for Caymanians. God Bless the Dart group.
knighthood for Dart so he and Alden can sit on the round table
West Bay traffic soon will be as bad as the people east of GT face daily when school is in session.
hope so,you all been laughing about it long enough an talking crap about we don’t need the road east,it would be some good old karma.
Don’t you remember the traffic on WBR before ETH was built?
Same going East, except CIG nor Mr Dart fixed the road for us so its already 2-3 hour commute (each way) and getting worse by the day. They need to fix that damn bottleneck at Hurleys and find a way to connect LPH to EWA, then take it further East.
Bring bring Calicos or the Palms. This island needs a beach bar!
Beach bars (plural) that accept tourists and locals alike, no preferential treatment.
You should open one.
No fines concession was given to uncle Dart just before Progressives lost power…
I joke but this wouldn’t surprise me.
How dare they! We like it just the way it is.
I know you are being sarcastic – And I say ‘Just get it done.’
2:08, Yeah, really don’t want to see another 10 storey hotel on the site.
More congestion on the ET Highway.
All one need do is look at all of the construction in West Bay. More buildings, more people, more cars, and more pressure on roads, water, sewer and electricity.
Unsustainable.
Stick to South Sound away from tourists, hotels and beach higgle
Nothing but stinky seaweed and NIMBY’s down there.
Oh my, the residents of south sound arent as easy to roll as the ones in West bay. The horror!
we need a twenty story tower
Thanks Dart employee for your view.
Yeah the view will be great!
View the plans at this link https://www.planning.ky/site_plans/p23-0143
THANK YOU for the link – most informative, even at this early stage for the application. This is very appreciated.
Wow. I thanked someone for providing a… link! And there are 5 thumbs down!!!!!!! For a Thank You?
So, either folks here do not read before they type. OR, folks here are as ‘third world’ as they portray themselves.
Welcome to Cayman. Logic and politeness washed away with the sand.
Personally, I just thumbed you down because of your attitude.
Many HUUUGE suites at >1100 sq ft each?!? How will they cross the 4 lane race track?
Another Dart bridge no doubt – creating land to build on in the future (like the one already erected at Camana Bay & onto the Palms(.
Theres literally an entire shaded and paved walkway that goes over the tunnel from cb to TWO LOCATIONS on smb road.. what are you saying? walk for 10 mins from this site to the walkway and then WALK OVER and wow theres the beach and everything else.
lol i dont understand what youre on about besides looking for something to complain about
The hotel in their original plan was at Royal Palms. We’ve got the Kimpton with plans for 2 north of it & I’ve already going up at Public Beach (where they promised a dog park).
There will be another bridge from the Hyatt across ETH. When will they stop trying to make Cayman look like Miami Beach??
The hotel in their original plan was at Royal Palms. We’ve got the Kimpton with plans for 2 north of it & one already going up at Public Beach (where they promised a dog park).
There will be another bridge from the Hyatt across ETH. When will they stop trying to make Cayman look like Miami Beach??
The tunnel 0.5km down at Camana Bay is not convenient enough to be where foreign guest foot traffic (esp those with strollers and kids in tow) cross the ETH to get to the pedestrian overpass to double back to Palm Heights’ beach amenities. There’s inevitably going to have to be another bridge crossing for this hotel, or some kind of golf cart/NEV guest shuttle. If we consider a couple hundred people moving back and forth a few times a day during high season, it’s going to impact more than just hotel guest experience and those early TripAdvisor reviews.
And there’s no consideration at all for people with health issues and or walking difficulties
Except for the double wide footpath behind it.
How many more hotels does Cayman need? The island is so congested it’s lost its island vibe.
Lost island vibe a decade ago. They only care about $$$$$$$
As many as the Dart Group want to build.
Wait till they go East. We haven’t seen anything yet. There will be no green left. Hope you like the color of cement.
18.5 years derelict and open to corrosive tropical elements. An independent building inspector needs to look at the foundations with honesty and order they tear it down and start over before it collapses all on its own and kills people.
For all the criticism of DART (and it is well merited), they do build quality structures. Whether you like the plans or not, or their reputation and history in Cayman, DART does seem to build with quality. For me, I am happy this sad 20 year pox will be developed as opposed to what is there.
Too much concrete.
I’m not sure I would call the Kimpton a quality build. They changes teams mid way thorough, unfinished tiling and wonky walls and balcony’s.
Yes, I think there was a steep learning curve for them on the Kimpton, it being their first hotel. I am not crazy about its exterior aesthetic, but the interior is gorgeous. And I love the interior renovation at the Ritz.
If you actually look at Dart’s projects the quality isn’t the best. They have a nice facade and such, but like any project it is built to a cost with the same semi-skilled labour that is used on all projects in Cayman. Just walk around C’Bay and look past the plantings and pretty colours. Same on the Kimpton.
You have absolutely no idea what you’re talking about, so hush.
Pot, kettle.
Have you been to Oleg?
Totally agree, Dart has no idea how to build anything. I’m sure he’ll cut corners like crazy. He never totally overbuilds anything.
Sounds good to me. Obviously have been waiting for lawsuit to be over.
Is it over or did Britannia appeal to PC (the latter, I hope).
8:14 pm Laughable suggestion.
Said the nunce.
they appealed. All the stratas voted to take it to the top court in the uk
$10,000 per day fine is $3.65mln a year x 7 years is $25,550,000 DART owe the people of Cayman.
How much for the Glasshouse?
The glasshouse looks amazing compared to this lol
For fixing a problem? You’re an idiot
Lol
Bout time.
Its a shame the Hyatt was the nicest hotel on island when I was a kid. Will be nice to have a five star resort there again.
It was a nice place back in the day. But this time around it can’t be 5 star. Not without a beach or golf course. Some irony there.
Except that it will have a beach as it forms part of the Palm Heights resort and the five star Seafire doesn’t have a golf course.
But that wouldn’t suit your narrative now, would it?
Yes, the Hyatt was the nicest “island” hotel, colonial English by design. It remains, in memory, nicer than any of the new hotels.
About time
Will they be paying the fine for leaving in such a dilapidated condition for so long?
Their hands were tied by the courts. Thank your government.
No
Oh just renovate the damn thing already. Its a complete eyesore.