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