The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The ex-minister responsible for driving the new Planning Act into law says a public meeting “is not anticipated” on every proposed development project seeking government approvals.

Earl Deveaux, former minister of the environment, speaking after the ReEarth environmental group was given leave to bring Judicial Review proceedings against the controversial Blackbeard’s Cay project, said the failure to constitute the Subdivision and Development Appeals Board did not block the public’s ability to challenge development projects.

And he told Tribune Business he would be “shocked” if Michael Major, the director of physical planning, had told ReEarth representatives no Town Meeting was held over Blackbeard’s Cay due to financial reasons.

“It appears that the Judicial Review for Blackbeard’s Cay has a principal complaint about the lack of a public hearing,” Mr Deveaux told Tribune Business via e-mail.

“I suggest that a public hearing is not anticipated in every instance.”

He added that staging such a meeting over a captive dolphin facility, such as Blackbeard’s Cay, would come under animal welfare concerns and the Marine Mammals Protection Act, rather than the Planning and Subdivision Act.

“Nonetheless, the whole idea of engaging the public in decision making is a process that must be nurtured, and it is essential that all sides appreciate the need for openness,” the former minister said.

“It was our expectation that once the Act became law and subdivisions approved, that lots in such subdivisions would only need apply for Building Control Permits, as they would already have Town Planning approval for the subdivision and its infrastructure would be in place.

“In dealing with developments such as Schooner Bay, a template for the Bahamas, issues such as road width and tree cover were evident concerns because the provisions of the Act were excessive in terms of what the developer wished to achieve. We were able to accommodate the developer.”

Speaking previously with Tribune Business, Mr Deveaux said he was not surprised that the Christie administration had failed to ‘follow through’ on what was left in place and appoint the Subdivision and Development Appeals Board.

“To be frank, I am not disappointed not surprised,” he said. “I think if one was not focused on that piece of legislation, as we were - we saw it as part of the necessary infrastructure to advance development - then one wouldn’t see this as a necessary piece of the puzzle.”

Mr Deveaux said the former government had “flagged” potential members of the Appeals Board, but decided to leave them to the incoming administration to review with a general election approaching.

“The process of review without the Board is still there,” he added. “An aggrieved party has the right to go to the Town Planning Committee, the chairman of the Town Planning Committee, the minister responsible.

‘The process remains. The argument that you don’t have a process to address grievances doesn’t hold water.”

ReEarth’s Judicial Review had argued that the failure to constitute the Appeals Board had left it with no option but to file a Judicial Review action.

Mr Deveaux said that among the members proposed under the FNM government were developers Orjan Lindroth and Lester Smith; Roosevelt Whyms; attorneys Dana Wells and Sharlyn Smith; Hugh Buckner; and Judy Deveaux.

He explained that the Ingraham administration had sought a blend of experience involving developers and real estate attorneys, with Messrs Lindroth and Wells mulled as chairmen.

“We solicited names from members of the public,” Mr Deveaux said. “I consulted my colleagues, and we generated a list. We did not conclude the process.”

Mr Deveaux also suggested that ReEarth may have misinterpreted the conversation with Mr Major, suggesting the director of physical planning may have been suggesting he had no budgeted funds to hold a Town Meeting on Blackbeard’s Cay.

“I was shocked at the suggestion that the cost of holding a Town Meeting was the reason for not holding it,” he told Tribune Business.

“I cannot believe those comments are accurate as to what Mr Major has said. He may have said he didn’t have those monies in his budget.”

The claims, contained in ReEarth’s filings with the Supreme Court, contain details of a June 6, 2013, conversation that allegedly took place over Blackbeard’s Cay between Michael Major and Sonya Alvino, ReEarth’s head of communications.

“In the course of this telephone call, the director of physical planning confirmed that no public meetings had been held in relation to the facility [Blackbeard’s Cay] because it is ‘too costly to hold public meetings on every development’ taking place and ‘if we were to do that we would be ‘bankrupt’,” ReEarth’s amended Judicial Review application alleges.

This, the environmental group claims, violates the Planning and Subdivisions Act 2010, which required a public hearing to be held prior to the Town Planning Committee’s consideration - and approval - of Blackbeard’s Cay’s site plan.

Mr Deveaux, though, pointed out that Town Meetings were usually held at little or no cost to the Government, as they were often staged in church or community halls, or government buildings. Time, and scheduling, he suggested were greater problems.

“My closing argument in presenting the Bill was that while we legislate these measures, we have to nurture them in practice,” Mr Deveaux told Tribune Business.