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Last Updated: Feb 13, 2017 - 1:45:37 AM |
Men at work. Close up of southeastern artificial reef construction at Nygard Cay.
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Save The Bays declares huge victory as court ruling halts the approval process for controversial Clifton Bay development
Nassau, Bahamas - The Bays (STB) is encouraged after the Supreme Court issued an injunction halting the approvals process for further work at the controversial Nygard Cay development, where it is claimed decades of unauthorized, invasive construction negatively impacted the surrounding marine environment.
The fast-growing social and environmental advocacy movement was granted an injunction restraining the prime minister and his Cabinet from making decisions on any applications by owner Peter Nygard until mid-August. In addition, both STB and a group of 103 Lyford Cay residents and property owners were given permission to apply for separate judicial reviews to examine whether Nygard built his imposing Mayan temple-themed resort in the absence of proper permits and the validity of the Government's so-called consultation process.
Lion head fixture at Nygard Cay.
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“This is an important day,” said attorney Fred Smith, QC, director of legal affairs for STB. “It continues the work of our organization in upholding the rule of law in The Bahamas in the protection of human rights.
“We continue to attempt to teach the government that the public will no longer sit idly by and tolerate the destruction of the environment as a result of cozy relationships between politicians and developers.”
Smith called unregulated development a “deadly scourge” that is threatening to destroy the natural resources upon which future generations of Bahamians must depend. It comes about, he said, because of a system of reciprocal favors that has reached the highest levels of government.
Smith highlighted the 1992 letter sent to then-Cabinet minister Perry Christie by Peter Nygard, in which the developer emphasizes financial contributions he made to the PLP, asks that certain tasks be carried out quickly, then says he is willing to give further help to the country and party, as well as Christie personally.
In the letter, Nygard points out that his total contribution to the PLP up to then had been $45,000, then asks Christie to help him finalize some “housekeeping” issues before he returns from Canada. Among them was the renaming of Simms Point as Nygard Cay and the granting of a lease for the popular fishing spot and bird sanctuary Goulding Cay – both of which Nygard says he would appreciate the government “getting done quick” ahead of an upcoming Forbes Magazine story and Lifestyles of the Rich and Famous shoot at his development.
Nygard adds: “Obviously this whole world is based on one hand helping the other and you know I am prepared to do whatever is in my capacity to help out The Bahamas and the PLP party and of course yourself in any way that I can.”
Smith said: “Today’s ruling represents a substantial blow to the philosophy of development suggested in this letter. Bahamians deserve elected officials who will hold their precious land in trust for future generations, not give it away at fire-sale rates to their special friends, and then allow those friends to develop it in any way they see fit, almost always to the serious detriment of the surrounding environment.”
The leave to issue judicial review and the injunction came after the government’s decision last week to extend its consultation process after acknowledging in writing that it was flawed.
Smith said Save The Bays was forced to file for an injunction after the government failed to respond to a July 7 letter requesting that no action be taken on Nygard’s applications until STB’s recently filed judicial review had been concluded.
STB’s new judicial review names the prime minister, deputy prime minister, director of physical planning, the town planning committee, the minister of environment the minister of transport and aviation and the building control officer.
Smith said the court ordered an inter-party hearing of the injunction on August 12. In the meantime, the government’s consultation process has been suspended.
As for the judicial review application filed by Lyford Cay residents and/or property owners, their request for a stay of the consultation process was granted and will remain in effect until the attorney general either successfully applies to set it aside or the trial of their judicial review ends.
Save The Bays is currently riding a wave of success, the Nygard Cay victory coming the same day as another Supreme Court judge ruled in the organization’s favour and against a development known as Blackbeard’s Cay. The court found a string of failures on the part of government during the approvals process and that a marine mammal enclosure was created and had been operating in contravention of the relevant regulations.
Smith exclaimed in joy after receiving the Judgment; “Dolphins Have Rights Too!!”
The developer has six weeks to appeal. If he does not appeal or loses the appeal fails to, the order will stand to remove the dolphins and return the land to the state it was in prior to its development without proper permitting and procedure.
“The first dominoes have begun to topple,” Smith said. “This is the beginning of the end for secret deals and reciprocal favors between politicians and foreign developers. It continues to highlight the urgent need for a Freedom of Information Act so we can finally have government in the sunshine in our beautiful Bahama land!”
Formed just over one year ago, Save The Bays has swept the country with environmental fervour, education and a call for a Freedom of Information Act to end secret deals. Its Facebook pages hit 16,000 Likes this week and its legal team has filed four legal actions.
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