Supreme Court Orders Peter Nygard and Keod Smith to Halt Works at Clifton Bay and Simms Point / Nygard Cay...

Court Halts Peter Nygard Work In Clifton Bay Area

By DANA SMITH

Tribune Staff Reporter

dsmith@tribunemedia.net

THE Coalition to Protect Clifton Bay has won a court ruling halting construction works in the Clifton Bay area by Peter Nygard.

They were also successful in their Supreme Court application to require any dealings between the government, Mr Nygard and Keod Smith regarding Clifton Bay to be made public.

 

The court documents halt works in the Bay area by Mr Nygard and Mr Smith “acting directly or through (their) employees or agents.”

 

Filed before Justice Rhonda Bain, documents say Prime Minister Perry Christie, Deputy Prime Minister Philip ‘Brave’ Davis, and Transport and Aviation Minister Glenys Hanna-Martin must provide the coalition with ‘full and frank disclosure’ of several items.

 

These include copies of any applications or grants of permits, approvals, or leases made by Mr Nygard and Mr Smith in the Clifton Bay area.

 

The Queen and Mr Christie are named as the first respondents, Mr Davis as the second, Ms Hanna-Martin as the third, the Town Planning Committee is listed as the fourth, Mr Nygard as the fifth, and Mr Smith as the sixth. The coalition is the applicant.

 

The fourth paragraph of the court documents say: “The first to fourth respondents must forthwith provide the applicant with full and frank disclosure of the following to the extent that they are within their possession and control:

 

“Copies of all applications (if any) made by the fifth and sixth respondents for permits, approvals, or leases in respect of the works and properties referred to in paragraphs two and three herein;

 

“And copies of all permits, approvals or leases (if any) that have been granted to the fifth and sixth respondent together with, in each case, copies of all the documents that were before the relevant respondent when it reached the decision to grant such permits, approvals, or leases and the reasons for such decisions and the conditions (if any) upon which is may have been made.”

 

The works and properties referred to in paragraphs two and three, involve various construction works in the Clifton Bay area.

 

The second paragraph says: “Until judgement in the judicial review proceedings or until further order of the court, the fifth respondent, (acting directly or through his employees and agents) be and is hereby enjoined from proceeding with or continuing to undertake” the construction of a groyne on the seabed of Simms Point/Nygard Cay or north of Clifton Bay, as well as the dredging of the sea bed in that same area.

 

The third paragraph says: “Until judgement in the judicial review proceedings or until further order of the court, the sixth respondent (acting directly or through his employees or agents) be and is hereby enjoined from proceeding with or continuing to undertake the demolition of the old dock, the construction of a new dock on the sea bed and beach and the placement of large boulders on the western edge of the concrete ramp all at Jaws Beach, south east of Clifton Bay.”

 

Court documents also note a penal notice to the first, second, third, and fourth respondents if they neglect to obey the court’s order for full disclosure.

 

“If you, the within named first, second, third, or fourth respondents, neglect to obey paragraph four of this order, you may be held to be in contempt of court and liable to imprisonment at Her Majesty’s Prison, or a fine or the sequestration of your assets,” court documents say.

 

A penal notice is also listed for Mr Nygard if he neglects to obey the court’s order regarding constructions, north of Clifton Bay.

 

“If you, the within named fifth Respondent, neglect to obey paragraph two of this order, you may be held to be in contempt of Court and liable to imprisonment at Her Majesty’s Prison, or a fine or the sequestration of your assets.”

 

A similar penal notice is listed for Mr Smith.

 

“If you, the within named sixth respondent, neglect to obey paragraph three of this order, you may be held to be in contempt of Court and liable to imprisonment at Her Majesty’s Prison, or a fine or the sequestration of your assets.”

 

June 14, 2013

 

Tribune 242

 

Caribbean Blog International

 

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

 

The Coalition to Save Clifton (CSC) has called on the government to reject any application by Peter Nygard for a grant or lease of Crown land in the Clifton Bay area

Call For Rejection Of Applications By Nygard

By PACO NUNEZ

Tribune News Editor

 

THE original crusaders for the preservation of Clifton have called on the government to reject any application by Peter Nygard for a grant or lease of Crown land in the area.

Asserting its independence from newly launched groups said to be supporting either Mr Nygard or his rival Louis Bacon, the Coalition to Save Clifton (CSC), which fought successfully to save the area from private development by foreigners between 1998 and 2002, called for the sea park promised by Prime Minister Perry Christie to become a reality.

Coalition president Rev CB Moss, who led the group since its inception, focused particularly on “newly created land” resulting from alterations of the coastline at Simms Point.

He claimed work was undertaken there without permits, and believes Mr Nygard has now applied to officially take ownership of the new land.

“The Coalition has written the prime minister informing him of its very strong opposition to any such approval, and requested a meeting at the earliest opportunity,” Rev Moss said yesterday.

The CSC supported its claims with a signed 2010 letter in which a top Ministry of the Environment official asserted that Simms Point has “expanded significantly” over several years.

The letter rejected an application for a lease for this new land by Mr Nygard’s lawyer, declared that no future applications for construction on the accreted land would be granted and asked Mr Nygard to restore the original coastline.

Yesterday, Rev Moss said the CSC is calling on the government to immediately implement the following:

• Officially reject the application from Mr Peter Nygard for a grant, lease, or any other form of occupancy of the created land

• Have the affected area (land and sea bed) restored to its former state

• Establish the promised sea park

He said: “As Prime Minister Christie is repeatedly on public record saying that his government puts Bahamians first, there is little reason to doubt that he will accede to the Coalition’s request and reject this application – rejection which is clearly in the very best interest of the Bahamian people.

Rev Moss noted that for the past several weeks, there has been a great deal of media coverage concerning the Clifton Heritage National Park and the degradation of the bay surrounding Clifton point, where the park is located.

“The saga of Clifton burst upon the national news scene 14 years ago when a foreign developer proposed to build an upscale gated residential community on the Clifton site, to be called Clifton Cay,” he said.

“As the Clifton land was settled by three separate civilizations – the Lucayans, the Loyalists and the African slaves, the site was considered priceless to Bahamians.”

It was at this point that the CSC was formed for the purpose of fighting any attempt to develop the site.

“Following four years of a very brutal battle the coalition, with the help of a number of persons both local and international, was successful in stopping the proposed development,” Rev Moss said.

It was first proposed by the coalition that Clifton point and the surrounding bay be transformed into a national land and sea park. This recommendation was accepted by the new government and in 2004, the land park was formally established by an Act of Parliament under a statutory body known as the Clifton Heritage Authority.

“While this was a great first step, the fight for Clifton cannot be considered over until the sea park is established,” he said.

Rev Moss said the coalition recently became aware that the viability of the sea park was threatened by several factors, the most urgent being land and marine works being undertaken in the area.

He claimed the work has created a serious environmental and ecological problem around the proposed sea park area.

According to Rev Moss, these facts were revealed by the newly created Coalition to Protect Clifton Bay (CPCB).

Thanking this group for its work, he nevertheless added: “Here let me clearly state that despite the similarity in names, the newly formed organisation has no affiliation with our coalition.”

For its part, the CPCB warned the Prime Minister that it will launch Judicial Review proceedings in the Supreme Court if the government fails to respond by today to its concerns over construction activity at Nygard Cay, its attorney warning: “The rule of law is at stake.”

Fred Smith, QC, the Callenders & Co attorney and partner, said Mr Christie has until 4pm to state what he was doing about construction activity.

Meanwhile, Keod Smith, an early member of the CSC, along with other newly formed groups Re-Negotiate.Org and Saving Clifton, lashed out at board members of the Clifton Heritage Foundation, claiming they are involved in the CPCB.

They also accused the board members of petitioning the government through the CPCB to reject any applications by Mr Nygard, and claimed Louis Bacon is involved in the group.

Representatives of Mr Nygard did not respond to requests for comment before press time last night.

In August 2010, responding to the Ministry of the Environment’s communications, an unsigned letter attributed to Mr Nygard asserted that all structures in the Simms Point/Nygard Cay area “were built exactly where they were placed with a clear understanding by all parties concerned at the time.”

Nevertheless, the letter agreed to remove all structures that encroached on accreted land without approval.

“With regards to the reinstatement of the coastline, I will put forth for your consideration the fact that it would be more environmentally friendly to leave the shoreline as is and let nature take its course. As you can see from the pictures, the beach has naturally shifted over the 20 years from north to south side,” the letter said.

April 11, 2013

Tribune 242

Caribbean Blog International

The Coalition to Protect Clifton Bay Debates the Issues surrounding the Clifton Heritage Site

Clifton Coalition Debate Issues

Tribune242



MEMBERS of the newly formed Coalition to Protect Clifton Bay took to the airwaves to share their agenda and clarify some of the “thorny issues” surrounding the heritage site.

 

They described the threats to Clifton Bay as “extraordinarily catastrophic” and emphasised that the passage of an Environmental Protection and Freedom of Information Act were essential to protecting the marine heritage of the area, and the Bahamas as a whole.

 

The two Bahamian attorneys, Fred Smith and Romauld Ferreira, are both noted for their strong contributions to environmental consultation and advocacy – Mr Smith for more than 35 years and Mr Ferreira for more than 20.

 

Mr Smith’s environmental work includes the formation of environmental lobbies on several islands, including the Grand Bahama, Bimini, Abaco.

 

He also mounted ground-breaking litigation on environmental issues, in particular “Save Guana Cay”, starting at the Supreme Court all the way to the Privy Council on behalf of grass roots organisations.

 

In the most recent battle, Abaco Cares and Responsible Development For Abaco stopped the use of the toxic Bunker C fuel at the new Wilson City power plant erected by Bahamas Electricity Corporation in Abaco.

 

Mr Ferreira, who is an ecologist as well, has been heavily involved with environmental research and the preparation of environmental impact assessments.

 

Speaking on a Love97 FM radio show, Mr Smith called for unity among Bahamians and, as a political priority for the Coalition, the passage of environmental legislation.

 

“The environment has been a priority item both for the FNM and the PLP in their election manifestos. It’s time to push for an Environmental Protection Act. It is one of the priorities of the Coalition. A second priority is to push for the establishment of a marine park,” Smith said.

“The Coalition will promote positive steps towards marrying the land and sea in one park which can be enjoyed for future generations by so many Bahamians who live in New Providence and, of course, the millions of guests that come to visit us.”

 

The Freeport attorney went on to explain the unique natural resources that are to be found in Clifton Bay and its environs.

 

“At the start of Clifton Bay is what Stuart Cove, one of our members, described as a seven-mile reef. It’s one of the most beautiful barrier reefs that the Bahamas has and the Coalition is devoted to saving that reef and other areas of Clifton Bay for the many opportunities they present for eco-tourism.”

 

As expected from recent media articles on the subject, the issue of Nygard Cay/Simms Point came to the fore.

 

“There is also the issue of the Nygard Cay/Simms Point area, which I know has been very controversial of late,” Smith said.

 

He noted that there have been claims of reclamation of land without permits.

 

Mr Smith admitted that he is not sure whether or not permits exist, but said either way, there are concerns that the structures recently built in the area may affect the seabed and the flow of sand into the rest of Clifton Bay.

 

He added: “Importantly, the Coalition is also promoting a Freedom of Information Act. Throughout the civilised world… a FOI goes hand-in-hand with environmental protection. The one without the other often disadvantages any grass-roots organisations or environmental NGOs that wish to take issue with development or the programmes that are potentially negatively affecting the environment.”

 

Smith also identified oil spills in Clifton Bay and on Clifton Cay as an area of great concern for the Coalition.

“Of particular importance to many who run the Coalition is the oil situation. I myself have dived there a few times recently and the oil leakage through the ground directly into the water at Clifton Bay is extraordinarily catastrophic. I just don’t know how Nassauvians have put with the extent of the oil pollution. It’s everywhere. It’s floating on the top of the sea.

 

“There are the brown particulates that are used to try to soak it up. There are soap and suds everywhere. It’s an eyesore, as well as a hazardous toxic waste situation and this, of course, is also happening in Freeport.”

 

Show host Wendell Jones challenged the Coalition’s focus on Clifton Bay.

 

“I hear you emphasising Clifton, but… there have been many other areas of the Bahamas other than Clifton that have been disturbed, but your committee really is focusing on Clifton Bay,” he said.

 

But Mr Ferreira called the area “a microcosm of the unique environments” of the Bahamas and the developmental pressures weighing on them.

 

“Clifton Bay is very special because it has all of the unique ecosystems that make the Bahamas. It has diverse development and use challenges.

 

“So, at Clifton, you not only have the 7-mile reef; on the other side you have the Tongue of the Ocean, you have the recreational tourism activities, you have industrial activities, you have residential homes, you have the historic site.

 

“Then you have the development pressure that’s being applied against a backdrop of little or no regulations. And so, here you have a microcosm of what challenges the entire country.

 

“Because, if we are successful in dealing with the issues at Clifton Bay it has very helpful ramifications and wider implications which are tremendous for the rest of the Bahamas.”

 

April 05, 2013

 

Tribune 242

 

Caribbean Blog International

 

Philip Dunkley: ...The Lyford Cay Property Association is "likely" to become a member of the Coalition to Protect Clifton Bay - (CPCB) ... ... As the government appears "inclined" to grant Peter Nygard a lease of accreted land surrounding his property at Nygard Cay ... ...Clifton Cay could be affected

Lyford Cay ‘likely’ to support coalition

JEFFREY TODD
Guardian Business Editor
jeffrey@nasguard.com

The Lyford Cay Property Association is "likely" to become a member of the Coalition to Protect Clifton Bay (CPCB).

As exclusively revealed by Guardian Business in February, the association announced that the government appears "inclined" to grant Peter Nygard a lease of accreted land surrounding his property at Nygard Cay. It now seems that members of the community have taken their opposition to the next level.

"I think it is likely we will become a member. The environmental issues effect Clifton and our community," said Philip Dunkley, head of Lyford Cay Property Association.

"We have looked at everything they have put together. It seems like something we should support."

Support for the coalition is also forming in other property circles.

Franon Wilson, president of the Bahamas Real Estate Association (BREA), said he did not wish to comment specifically on Nygard's case.

However, speaking in general terms, anyone that expands property beyond what was legitimately paid for should be kept in check by both the private and public sector.

"The bottom line is people should go out and inspect. If you go past a certain point and expand beyond your bounders, then that has implications," Wilson told Guardian Business. "There are things you can and can't do. And that is one of the things you can't do."

Back in February, a letter to members of the Lyford Cay Property Association stated that the government “may be inclined to accede to Mr Nygard's application” in the near future.

It went on to note that government indicated it would become more vigilant to prevent any future reclamation of lands.

The issue has been in and out of the courts in recent years.

According to a statement of claim filed in the Supreme Court on April 6, 2011, Tex Turnquest, then director of the Department of Lands and Surveys, informed Nygard that the government expected him to reinstate the coastline of the property to its condition at the time of the 1984 deed, when he first purchased the western tip of Lyford Cay.

Nygard's attorneys have argued, however, that additional land formed as a result of the gradual and imperceptible deposit of materials from the ocean onto land.

The fashion mogul sought a declaration that the lands have become part of the freehold property.

Recent statements by the Lyford Cay Property Association could indicate that the issue is swinging in Nygard's favor.

The coalition, however, appears ready for a fight.

"You can be sure the coalition will be active," Dunkley added.

Fred Smith, a top attorney with Callenders & Co, has joined forces with the coalition for legal support. The alliance could indicate that the coalition is prepared to fight any ruling on the property.

Dunkley pointed out that the Nygard issue is not the only problem for Clifton Bay. The Bahamas Electricity Corporation has long been criticized for poor environmental standards at one of its main power plants in the area.

From the air, a sheen of oil can reportedly be seen on most days along the coast and heading out to sea.

In a recent trip to The Bahamas, Robert F. Kennedy Jr. threw his support behind the coalition as it relates to the pollution coming out of Clifton Pier and its destruction to the reef system.

March 29, 2013

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