Court grants permission to have a judicial review of the government’s consultation process ...over Mr. Peter Nygard’s applications

Injunction Imposed Against Government Over Nygard Cay

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

IN a move being hailed as a victory for greater transparency in government processes, Supreme Court justices granted injunction requests against the government yesterday that prevents the Christie administration from making decisions on billionaire fashion mogul Peter Nygard’s applications for building permits and Crown land.

The environmental group Save the Bays (STB) and 103 Lyford Cay residents and property owners suing the government were given permission to have a judicial review of the government’s consultation process over Mr Nygard’s applications.

The justices’ decision came despite the government’s move last week to extend its consultation process after admitting confusion and flaws in the process thus far.  As the latest controversy to raise questions about the government’s actions when granting certain permits and approvals, some residents are concerned about the effects Mr Nygard’s activities at Simms Point could have on the environment.

They fear that the government may try to not only sanction his requests as a favour for his financial contributions to the Progressive Liberal Party over the years, but also retroactively sanction his reclamation of Crown land.

Speaking to The Tribune yesterday, STB attorney Fred Smith said his group was forced to seek an injunction after government officials failed to respond to a letter he sent requesting that it not act on Mr Nygard’s applications until a judicial review had been concluded.

“When we filed our judicial review on July 7, we wrote to the government and invited them to give an undertaking not to continue with the process and not to make decisions on Mr Nygard’s applications pending the results of judicial review,” he said.  “They failed to even reply to our letter and consequently we were forced to file for an injunction to restrain the government.”

Explaining the results of yesterday’s court proceedings, which were closed to the general public, he said: “Supreme Court Justice Rhonda Bain granted permission to issue a judicial review against the prime minister, deputy prime minister, Director of Physical Planning Michael Major, the Town Planning Committee, Minister of Environment Kenred Dorsett, Minister of Transport and Aviation Glenys Hanna-Martin, and Building Control Officer Greg Delancy.

“This application for judicial review relates to the consultation process which the government purported to embark upon and Save the Bays’ application says it is fundamentally flawed and procedurally unfair with a view to retroactively authorising illegal construction, dredging and land reclamation activities that have taken place at Nygard Cay since 1984, where Mr Nygard has reclaimed nearly three acres of Crown land by constructing walls, concrete docks, helicopter pads, buildings, temple and other structures on the sea bed on the north side and south side, mostly without permits and without a Crown lease.

“The PM holds Crown land in trust for the benefit of the Bahamian people and Mr Nygard’s works affect the ecologically sensitive and culturally important Clifton heritage site, critical for diving recreation for Bahamians and tourists.”

Mr Smith said the court’s decision restrains the government from considering Mr Nygard’s current building permit applications, future building applications, his Crown lease application and anticipated applications for works relating to existing and nonexistent sea bed structures.  He said the injunction restricts the government from granting any permits, approvals or leases with respect to the aforementioned applications until the judicial review is completed.

The court, he said, ordered that there should be an inter-party hearing of the injunction on August 12. In the meantime, the government’s consultation process has been suspended.

As for the Lyford Cay residents and/or property owners who collectively filed for judicial review, their injunction request was granted and will remain until the attorney general either applies to set it aside or the trial of their judicial review ends.

Mr Smith said: “We are pleased that we have been given permission to issue this judicial review which deals entirely with a process and it continues the work of Save the Bays in promoting regulated development, ie, just follow the rules rather than making it up as you go along.  Parliament is responsible for making the laws and has passed Acts.

“These cases are being mounted by Save the Bays to ensure that the executive branch of government respects throughout the Bahamas laws passed by the legislative branch.  Unfortunately we have to resort to the judicial branch to keep the executive branch in line.  This is not how a country should be run.  The government is not only Office of the Prime Minister; it also comprises Parliament, the executive branch and judiciary branch. Each must respect each other’s roles.

July 18, 2014

Tribune 242

Peter Nygard’s proposed expansion plans at Simms Point/Nygard Cay...

Flawed Process For Nygard Plans

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

IN the face of mounting legal pressure and international attention, the government has been forced to extend its public consultation process on Peter Nygard’s proposed expansion plans at Simms Point/Nygard Cay for a further 21 days. In an embarrassing climbdown it has also had to admit to confusion and flaws in the process thus far.

Letters obtained by The Tribune yesterday, signed by Director of Physical Planning Michael Major and sent to Save The Bays (STB), the environmental group leading the opposition to the development, show that the consultation period has officially been extended because of the department’s failure to obtain certain information about Mr Nygard’s plans and its failure to disclose certain documents.

Concerned residents had requested the information and documents in order to make meaningful representations with respect to Mr Nygard’s applications.

Lawsuits were filed this week against the government by STB and wealthy Lyford Cay property owners, including Baha Mar Chairman Sarkis Izmirlian and retired British actor Sir Sean Connery, seeking a judicial review of the process.

On June 18, the government announced the start of the initial 21-day public consultation period that ended on Wednesday with respect to Mr Nygard’s applications for Crown land and approvals for building, dredging and other types of development in the surrounding seabed.  

Mr Major noted in a letter dated July 6 that despite the start of the public consultation process, his department has not received applications from Mr Nygard with respect to certain “future buildings” in his site plan.

He said that Mr Nygard’s “set of architectural plans displayed are incomplete and insufficient to secure a building permit.”

He added: “The plans displayed represent all of the plans submitted with the application. It is customary that more plans are required by the relevant agencies as the application progresses through the approval process.”

Mr Major also said that copies of certain relevant documents cannot be given to residents and apologised for not having a study that considers the sustainability of Mr Nygard’s work electronically available for inspection.

“While it is not possible to provide copies of the documents for each request, three printed copies of each document are available to accommodate simultaneous inspections,” the letter said. “The department will continue to make available for public inspections, all of the information submitted in respect to planning applications during the consultation period.”

“We apologise for the unavailability of the electronic version of the study referenced ... and instead another relevant study was posted on the BEST Commission’s web page.”

“In light of the initial difficulties in obtaining the digital information, consideration will be given for a reasonable extension to the consultation period.”

That extension was granted in a letter dated July 9. 

Earlier this week, American television personality Nancy Grace and former US Treasury Secretary Nicholas Brady were among the 103 people who jointly sued the government while expressing concerns about environmental degradation and alleged unauthorised activities by Mr Nygard that they believe have already taken place in the area.

The government’s consultation exercise has been labelled a “farce” by some critics who believe that the government might try to sanction Mr Nygard’s plans as a favour for his financial support to the Progressive Liberal Party (PLP) over the years.

The Tribune understands that STB will be before the Supreme Court on Monday to continue to press the case for judicial review. 

July 11, 2014

Tribune 242

Save the Bays... formerly Coalition to Protect Clifton Bay has filed an action in the Supreme Court... seeking a judicial review to stop the dredging at Simms Point / Nygard Cay... ...

Nygard Cay Also Part Of Review Bid

By SANCHESKA BROWN

Tribune Staff Reporter

sbrown@tribunemedia.net

AN ENVIRONMENTAL group has filed an action in the Supreme Court, seeking a judicial review to stop the dredging at Nygard Cay.

 

The action was filed by Callenders law firm on behalf of Save the Bays, formerly Coalition to Protect Clifton Bay, the new umbrella organisation. Respondents include several government departments, the Town Planning Committee, Peter Nygard and Mr Nygard’s associate, former ambassador to the environment Keod Smith.

 

The coalition has claimed that work carried out at Simms Point/Nygard Cay, which doubled the size of the area since it was purchased by fashion mogul Peter Nygard, has damaged areas of Clifton Bay, including Jaws Beach.

 

They have previously called for the government to step in and protect the delicate, environmentally significant area.

 

Fred Smith, QC, said the judicial review is on the basis that Save the Bays represents the collective interests of persons committed to protecting Clifton Bay and other parts of The Bahamas of particular environmental interest.

 

“In a nutshell, the judicial review seeks to determine whether the rule of law applies in The Bahamas or not,” he said.

 

In addition to a judicial review, the action seeks an interim injunction restraining Nygard and Smith from continuing what it claimed was “unauthorised construction and dredging.”

 

It also alleges that Nygard and Smith are trespassing on Crown land. Specifically, it cites construction of a groyne, dredging of the seabed, demolition of an existing dock at Jaws Beach, construction of a new dock on the sea bed and beach and the placement of large boulders on the western edge of the public boat ramp at Jaws Beach.

 

The suit alleges that the works being carried out “without the requisite permits and approvals constitute offences under the Planning and Subdivision Act, the Building and Regulation Act and the Coast Protection Act.”

 

Initially called the Coalition to Protect Clifton Bay, the organisation announced its name change to Save the Bays in early May to avoid confusion with the original coalition to save the historic area east of Lyford Cay for the Bahamian public when it was the target of developers some 14 years ago. At that time, the coalition called for the creation of a land and sea park but only the land park was created. The original coalition continues to call for the sea park and has expressed concern about activities at Nygard Cay. With many of the same supporters in both organisations, Save the Bays is also urging passage of a Freedom of Information Act and an Environmental Protection Act.

 

May 24, 2013

 

Tribune 242

 

Caribbean Blog International

 

FORCES with an "underhanded agenda" are trying to "discredit Nygard Cay" and "push Peter Nygard out of The Bahamas", says property mgr Eric Gibson

Claims that 'forces trying to push' Peter Nygard out of the Bahamas
By NOELLE NICOLLS
Tribune Staff Reporter
nnicolls@tribunemedia.net:



FORCES with an "underhanded agenda" are trying to "discredit Nygard Cay" and "push (Peter) Nygard out of The Bahamas," according to an official spokesperson for the Canadian fashion mogul.

"The facts are that Nygard Cay has obtained all required permits; has worked within the Bahamas building system throughout 20 years of construction with the full blessing of every government department," said Eric Gibson, property manager at Nygard Cay.

He said the private residence of Mr Nygard was ready to employ more than 200 Bahamians, and invest between $50 and $70 million in the Bahamian economy, "as soon as it gets its promised lease and permits from the government."

In a telephone conversation Mr Gibson confirmed that Nygard Cay has no hotel licence, because the facility is "not in fact a hotel and has never purported to be one."

"Out of 20 years of operation, Nygard Cay was rented seven times as a private residence (a practice that is common in the Lyford Cay Community): two times as the wedding reception to Lyford Cay residents; it has hosted many church groups, charity drives, underprivileged children outings and been the venue and the centrepiece for countless community service drives such as Ocean Watch, to preserve the waters and corals of (the) Bahamas; and athletic fund raising, such as getting the Golden Girls into the 2000 Olympics, to name a few," said Mr Gibson.

"Nygard Cay has a private residence permit and has always and is continuing to operating under residency permit," he said.

The government has recently accused Mr Nygard of "unauthorised" expansions of his property over the seabed at Simms Point, Lyford Cay, where his property is located. This is now being investigated.

Last month, the Office of the Prime Minister issued a directive to Mr Nygard to remove structures erected on the land in question, and to reinstate the coastline at Simms Point. All government agencies were also advised not to approve any applications for construction on the land in question.

Since a fire destroyed much of the property last year, efforts have been made to restore the facility. Last month, Mr Nygard expressed "frustration" about waiting for various government approvals to proceed with his plans to rebuild. He estimated the fire caused "$50 million worth of investment."

At the time, it was revealed that expansion plans included a suspended cable bedroom that lowers into the ocean, a dolphin interaction attraction, and a programme allowing guests to visit the property's $2 million shark tank.

August 16, 2010

tribune242

Bahamas Blog International