Dart digs up sand to transfer to Kimpton

| 17/10/2016 | 130 Comments
Cayman News Service

Dart’s sand removal from West Bay Road, Grand Cayman, 17 Oct 2016

(CNS): A huge hole has appeared on land owned by Dart along the old West Bay Road after excavation work began to transfer sand to the Kimpton Hotel area. The developer told CNS that the company was in the process of moving sand on land it owns to the public areas around the new hotel. Although the planning law prohibits the movement of sand, gravel, pebbles, stone or other filling between the high water mark and five hundred feet other than a very limited amount per month, officials from the Dart Group told CNS they had permission to transfer the sand.

“Upon receiving approvals from the Central Planning Authority and the Department of Environment, Dart Realty is moving sand located on its lands east of West Bay Road to the Kimpton Seafire site, where it will be used for approved landscaping plans around the public bike and walking trail,” Dart Realty officials said in a statement.

Cayman News Service

Excavators remove sand for Dart Group, 17 Oct 2016

CNS has contacted the planning ministry, board and department as well as the DoE about how the group was given approval to move the sand, given the location and the requirements of the planning law, and we are awaiting a response.

The picture and videos taken by a CNS reader have also been circulated to MLAs and ministers, who had assured the reader they would look into the situation, as it seemed no elected officials were aware that the island’s biggest developer was currently moving huge quantities of sand even though the company says it has been granted permission.

The reader who sent video footage and images to CNS raised concerns that the islands’ natural resources continue to be under environmental attack “without any word from our sitting government leaders or officials”, and hopes that a desist notice of some kind could be issued.

Cayman News Service

Area along West Bay Road where the Dart Group is removing sand, 17 Oct 2016

In a related but separate matter, DoE officials also confirmed that a coastal works application that was submitted by Dart earlier this year to remove a sample of beachrock not far from where this sand has been removed (in order to asses whether it would be possible to remove all that rock, as the developer considers another beach resort in the area) is still before Cabinet for consideration.

Meanwhile, CNS will continue to press government officials for a response regarding the approval given to move the sand and will update the report accordingly.

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Category: development, Local News

Comments (130)

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  1. Anonymous says:

    Not a surprise that the owner of the government dart was granted the sand transfer by the government’s planning athority. If a poor guy like me skimms sand from my own beachfront they would fine me though

  2. Anonymous says:

    Pennies telling the dollar what and how to do it. Pathetic jealousy.

  3. Anonymous says:

    Go DART! Anything is better than the previous landlords in Cayman. Caymanians selling Cayman is more horrible than DART building Cayman.

    1
    2
  4. Just Commentin' says:

    The minutes of the Central Planning Authority meetings and its decisions are a matter of public record and an archive of those minutes are published online and can be accessed by the public. Planning permission expires one year after the grant if no work has commenced. So it should be fairly simple to search the archive and see whether or not express permission has been granted for the excavation and relocation of the sand. Also bear in mind that permission to excavate does not, unless specifically noted, grant permission to permanently relocate the material off-site. This is illustrated in an entry in the minutes regarding an application where permission had to be obtained to temporarily relocate excavated material off-site.

    It is simplistic and ignorant and to say that the Dart group is above the law and can do what they want and will always get a nod to do so. Case in point: Dart had plans to turn part of a George Town warehouse into a booze distillery but the application was refused by the Central Planning Authority in mid 2014. So much for the opinion of stupid people in the comments here. Yes, with wealth comes privilege; however, even in the Cayman Islands, there are limits to that privilege. Dart has no doubt been given perhaps too much leeway and that is where our leaders must be held accountable. [Are ya listening, Makeewa?]

    The debate ends with the answer to the question as to whether or not the law has been broken. If a law was broken then it is incumbent on every good citizen to expect and demand that the law be applied and the prescribed penalties be imposed, without regard to kin or class. Some idiots here say it is OK for someone to break the law as long as they provide jobs or make investments here. Such a corrupt idea is hardly different than an official looking the other way when someone slips a bill in his palm. The only difference is the number of people with their hands out. Sad thing if this whole country becomes bent on whoring itself out for lucre, and that is exactly what is being urged by the morons here who suggest that Dart should be given preference and allowed to break the law because they think he has paid for the privilege to use us for his pleasure and profit. If that becomes the prevalent way of thinking here, we will soon need to change the title of the political leader from “Premiere” to “Pimp Daddy”.

  5. Dan says:

    Another Dart enterprise, no intelligent life Scottie, beam me up

  6. Jack P says:

    When Dart completely ruins the island. People will not come. Smaller resort’s will be empty and becomes slums. Crime will be like big US city’s. Then and only then will the people March on the streets and demand this man be stopped…….it will then be to late. As for crime? Has Dart built a new jail or police station? Has he invested some of his money into the hitting of more police officers? NO

  7. Veritas says:

    Trouble is too many indigenous residents have their heads in the sand and prefer to keep them there, that’s why they are upset over this.

    • Anonymous says:

      All I want is to see the minutes of the meeting when permission was given.

      • Dart can't produce any express written permission says:

        Government DOES NOT have any such minutes of any meeting giving express consent to remove any sand within 500 feet of the high water mark BECAUSE IT NEVER HAPPENED!

        • Jotnar says:

          Is anyone even sure this is within 500 ft of the high water Mark? That’s not very far, and this is on the East side of the road ie a road, a lot and the stretch of beach before hi water.

          • Look at the photos says:

            In front of Dart’s new Seven Mile Beach Quarry Pit Hole, measure off a 30-foot road.

            Then, measure off Dart’s other beachfront lot about 100 feet deep right opposite Dart’s new SMB Quarry Pit Hole.

            That’s where the vegetation ends and the beach begins.

            There’s about 30 feet of sand and then you’re in the sea.

            They clearly f*€ked up on this one when they got busted on camera.

            He just needs to take the hit and count his blessings for any other times they pillaged our environment’s natural resources and didn’t get caught!

  8. Anonymous says:

    Move on people. You all complain about everything Mr. Dart does. He is providing employment, he has provided entertainment. Tell me of one single person that does not enjoy Camana Bay and all that it has to offer? Have you ever also thought how much further our Tourism will boost when Kimpton Seafire opens up also creating more jobs? Yes, Caymanian jobs. Unfortunatly not all positions will be filled by Caymanians for various experience and hospitality reasons but he is the ONLY one I see trying.

    I really do not care what your replies say. I enjoy everything he does for this island and what he has in store to be done!

  9. Anonymous says:

    Can we also find out how the person who is building this concrete house on South Sound got planning approval to build his staircase almost into the road??? Or is someone asleep during inspection?

    • Bovine Excretement says:

      Purely a result of the extremely weird glorifying of real estate agents that transpires in a regular basis.

  10. Anonymous says:

    We get it. Everything Dart does is terrible.(all evidence to the contrary) Everything Caymanians do is OK (all evidence to the contrary) Keep talking. No one is listening.

  11. Anonymous says:

    Dart’s Public Relations Super Team has been busy doing damage control, making all of these posts coming to Dart’s defence. I hope that the PR company is owned by a Caymanian so that at least one Caymanian is benefitting.

  12. MM says:

    Dart owns the island, the MLA’s, the Boards and the Legislature. Carrying sand from the beach to lay in your front yards is a Caymanian tradition for over one hundred years; but I bet if I go to the CPA to get approval to do that I would be quickly turned down.

    • Anonymous says:

      Having and being a slave was also a tradition one hundred years ago. Time to move on. Unfortunately as everyone can see following the law is still a people thing and not a CIG thing but there is hope.

    • BORN FREE says:

      That what you get!!!!! Give that man an inch & he will take a mile! He will soon own all of Cayman, & will soon own & control all of Cayman businesses, & that is what his plan has been all along. Anyone who thinks that Dart came here to help Caymanians please raise your hand. Now, anyone who knows that Dart came to Cayman because he loves Dart & came to help himself please raise your hands. The result: no surprise

      • Anonymous says:

        PPM had a chance to correct that, sorry for them come May

        • Anonymous says:

          Only to be replaced by another set of corrupt, self serving politicos. They’ll be in Dart’s pocket shortly after being elected if they aren’t already. We are all working for D-Corp. in directly or indirectly and the masterplan for Cayman is a fantasy land for the elite. Don’t like it, well on your boat then.

      • Anonymous says:

        Oh dear. Stupid is as stupid does. Little paranoia? Full moon affect you or is it the cosmic rays from the spaceship hidden in the dump?

      • Anonymous says:

        LISTEN UP FOOLS, the land was SOLD by CAYMANIANS along with the every business Dart owns now.

        Where are those Caymanians now with their fat wallets after cashing their checks from Dart? Are they saving the world?

    • Anonymous says:

      Thanks for your comment MM. Only those who are carrying the sand garden tradition are allowed to remove sand – and that’s limited to a specific amount. This year I’ll seek approval to take a larger amount. Hope you join me.

  13. Veritas says:

    Can we persuade Dart to remove all the fill at Mt Trashmore and dump it all around the Government Admin Building, then our ploiticians may finally be persuaded we need a new site (preferably where planned in the Bodden Town swamp).

  14. Anonymous says:

    This is all an elaborate plan to distract us from Tara Rivers lol

  15. Anonymous says:

    CPA members need to be changed. This is just another example of their judgement. Let us not forget the recent waterfront development near the Port that was deemed as approved outside the law. What are the consequences?

  16. There's no dancing around this one says:

    The law is clear when it says that “a person who, without the EXPRESS PERMISSION of the Authority, GIVEN IN WRITING takes or removes any sand…from ANY area between mean high water mark and five hundred feet inland thereof…commits an offence and is liable on summary conviction to a fine of five hundred dollars and to imprisonment for three months in respect of EACH SEPARATE TAKING OR REMOVAL, and a person who aids or abets any person in the commission of such offence shall, on summary conviction, be punishable in the same manner as the principal offender”.

    So, unless Dart can produce EXPRESS PERMISSION IN WRITING FROM THE CENTRAL PLANNING AUTHORITY to specifically take or remove the sand from the land on that particular block and parcel number, SOMEBODY’S GOING TO JAIL.

    AND THEN DART ALSO WANTS CABINET APPROVAL TO REMOVE THE CORAL REEF IN FRONT OF HIS HOTEL???

    • SSM345 says:

      8:56, I am sure all the Caymanians/ Homeowners with sand yards do exactly that when replacing their sand right?

    • Mokes-for-all says:

      Jeez; don’t let a small thing like facts get in the way of your rant. If you read other news articles you would see that permission was requested and granted. You would also know that the rocks that they seek to remove are approaching the end of their natural life (where they would naturally start to crumble and disintegrate). It is not a coral reef, just barren rock. A few reef balls, strategically placed, would provide a far better nursery for juvenile sealife than the rocks in question.

      • Anonymous says:

        Finally, some sanity prevails. Thanks Mokes.

      • Anonymous says:

        Jeez, get your facts straight.
        1) the ledges (beach rock) are not approaching the end of their natural life. They last a lot longer than you want people to think, and are good for another couple of hundred years, leaving aside whether or not natural accretion will continue in the area after it has been developed.
        2) reef balls are a failure as reef replacements. Go and snorkel any of the ones put down at WB Cemetery or off the Marriott and see if it looks like the fish think they make a nice effective reef. (Hint, on a good reef there would be more fish.)

  17. Anonymous says:

    He brought the sand in from South America so it’s his sand. Shame that our beautiful white sand is being bastardized with the horrid brown stuff.

    • They ran out of sand says:

      No, they were mixing concrete.

      According to the heavy equipment operator, they ran out of sand and he was told to excavate the sand at this spot so they could finish the project.

  18. Anonymous says:

    The next major storm will redistribute the sand,possibly back to where it has been taken. Interesting future days are ahead, if you recall how much sand Ivan removed from this very coastal area ,when North Sound water broke through the beach? The Kimpton has been built on a raised foundation and the grounds are also largely much higher than the surrounding grade level. Also , road works since 2004 from Camana Bay north to the roundabout past the Kimpton have created what is known as a ‘ Bathtub effect ‘, with the tub being the area in between the beach and the road barriers.

  19. PPM distress Signal says:

    When PPM supporters and business associates take vast amount of sand from sites in the eastern districts and South Sound Condos sites and stockpile it on their various compounds for sale not a queck is heard. Yes buy the sand from them i guess??? Aleast Dart with do it properly and wont leave another huge hole filled in with debris and marl.

  20. Anonymous says:

    And here I am teaching my kids to not dig into our sand with their little toy buckets for environmental reasons.
    Don’t know how I’ll respond to their queries on this one.

    (I’m sure the cynical CNS crowd is happy to assist though. I’m all ears folks …)

    – Who

  21. Anonymous says:

    Dart can do what he wants! He’ll probably try And relocate the stngrays next!

  22. Anonymous says:

    Excavating anything from that slim land area, from beach or mangrove side, is not a good idea.

  23. Anonymous says:

    Come on CNS….you state ” Although the planning law prohibits the movement of sand, gravel, pebbles, stone or other filling between the high water mark and five hundred feet other than a very limited amount per month, officials from the Dart Group told CNS they had permission to transfer the sand.” If you are going to quote the Law, get it right. Section 28 says that if you don’t have planning permission taking ballast from the shoreline is an offence. So obviously if permission has been granted, then there is no offence. I doubt that Dart would tell you they had permission if they didn’t.

    • Jeremy J Bodden says:

      the point is that the law for bids, it perhaps a “special consideration” has been given, which is now circumvented the law XXXXX. Sand in Cayman can not be used.

      • Anonymous says:

        No, the point is that Section 28(1) of the Development & Planning Law only “forbids” it if it is done “without the express permission of the Authority”. So, if express permission is granted, it is NOT an offence.

        • Blanket development permission won't cut it...Dart needed EXPRESS written permission says:

          @ 8:22am

          No, the point is that Section 28 specifically requires EXPRESS written permission for the removal of that particular sand on that particular block and parcel number.

          According to the government officials that were questioned, Dart didn’t have that.

          At a minimum, the only people going to jail is the two heavy equipment operators, the construction manager and the project manager who aided and abetted the heavy equipment operators into committing this offence…unless any government official wants to throw themselves on the sword to protect Dart.

    • BTowner says:

      The same thing I say. Mr. Dart is a very smart man and everything he does he do it with approvals. Stop harrassing the man

      • MM says:

        Except when he built a ten storey building (the Kimpton) when our planning law provides provision for a maximum of seven….

        • Anon says:

          Um… watercolours???

          Hello??? That’s not Dart…

        • Anonymous says:

          No, he built 12 stories when the law says 10.

        • Anonymous says:

          Correction Dart was allowed to build thirteen (13) storey buildings with ten (10) storey approvals.

          The rest of us would not get away with that but Dart can get away with any thing he wants to do.

          But then he owns the Islands.

    • Enough is enough! says:

      @ 8:56pm, you are wrong. You can’t just read the descriptive title of the law…you actually have to read the entire law.

      Section 28 is perfectly clear in that it is an offence to take sand from ANY area between the mean high water mark and 500 feet inland. End of story.

      Not only is this deep hole extremely destructive, especially with the evidence of the mighty rains that we have had this past week.

      The hole is so close to the old West Bay Road that, without any road reinforcements, bearings or support, it brings into question the road being structurally compromised because of the pillaging of our pure white sand and natural resources.

  24. Anonymous says:

    Is this really the big topic. Moving of sand. They are only relocating it…who gives a sh*t.
    Let’s talk more about the criminals on this island who get away with robbery, manslaughter, murder….etc. those are real issues not the g d sand. Donkeys

    • BTowner says:

      Your are so right!! Nah like he taking the home!! Its used right at the same location and its his land..

    • Anonymous says:

      Slow news day

    • Anonymous says:

      I agree 8:26pm, he should dig a deephole big enough to hold all the members of the previous government government who gave the land to DART. Where is the Big Mouth West Bay sell out? Place the Crown on his head.

      • Anonymous says:

        Nobody gave Dart anything. He had to buy it and he then had to pay the (consultant) fees. Like everyone else.

    • Anonymous says:

      They only want to talk bad about some one who is not a Caymanian. So yes. Robbery, manslaughter, murder, rape.(of horses too) are never to be mentioned in by a real(not paper) Caymanian.

  25. Anonymous says:

    Check out the documentary “Sand Wars”. It’s a big business, but it’s really bad for the natural environment and protection of the island.

  26. Henry says:

    I’m certain not a damn thing will be done about it. In cayman the law does not apply to the rich folks. By the way, have there been any progress with collecting the $6 million dollars owed to the people by Michael Ryan? It would be nice for the minister Marco Archer could let his people know what he has done since inheriting this financial elephant.

  27. Anonymous says:

    What an eyesore! Run him out of the island just like Putin

    • Anon says:

      HA! Never going to happen; he has been holding this piece of economy we have together for some time now! FACT.

  28. Anonymous says:

    Dear Jesus…….with ALL his $$$$$ he can flipping well BUY sand…….

  29. Anonymous says:

    CNS watch out for the “offer that you can’t refuse”

  30. mike burtt says:

    Wheres the story here.its stated they had permission.

  31. Anonymous says:

    Who cares?

  32. Anonymous says:

    This site really is pretty lame without the buttons. Shout me when you get them back.

    • Anonymous says:

      Don’t fret. If you’re really missing the intense pleasure of pressing a thumbs-up or thumbs-down or silly laughing button, your life was probably already a pathetic void before they disappeared.

      • Anonymous says:

        Yes, the same pathetic void like people who have a need to post impetuous comments. You know anyone like that?

    • Anonymous says:

      I agree. Bring them back.

  33. Anonymous says:

    stop the press….dart acted within the law again!!!!…..
    slow news day cns??????

  34. Anonymous says:

    Look just be quite and it will all work out. You all want the jobs the big boys give so just be good little folks and do what you are told. The elected officials and CPA know how it goes!

  35. Anonymous says:

    Why now? There are a variety of “sand pits” north of Tiki where folks have been helping themselves on a commercial scale for years. Fact.

  36. Richard Parson says:

    And now, the nightmare continues. You can only abuse our natural resources so much, before they begin to collapse, literally. If our officials won’t listen to our voices, maybe they will pay attention to Mother Nature. There is a reason why our Cayman Law restricts the removal of the sand off our beach!!

    • Anon says:

      Have to agree with you Richard.

    • Anonymous says:

      That’s funny. A Caymanian voter who is trying to sound like he cares for Caymans natural resources.You know most of the sand that is now missing from the beaches was taken and bragged about by Caymanians who also know its against the law. What ever you think of a man like Dart is nothing compared to what the rest of the world thinks of you.

  37. Anonymous says:

    Well, I would like to see them stop me from taking sand from the beach. I am an indigenous Caymanian. He is a status holder and he can do what he wants to, tell me more about it. Every Caymanian get your buckets and wheelbarrows and take as much as you want.

  38. Foreign Devil says:

    O boy, I can’t wait to her from the don’t close the road crowd.

  39. Anonymous says:

    This certainly doesn’t look right!

  40. Anonymous says:

    And what is surprising here???

  41. Goose and Gander says:

    Quite a lot of sand missing from South Sound. Any comment from NCB?

  42. Anonymous says:

    Thanks CNS for keeping the public informed. Continue to keep the people updated on this issue.

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