Flawed process for Nygard plans

Peter Nygard

As of Friday, July 11, 2014

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.

Tarzan 9 years, 9 months ago

This whole process smells to High Heaven.

Well_mudda_take_sic 9 years, 9 months ago

Wealthy Lyford Cay property owners will get nowhere with their assault on Nygard and now the Bahamas Government once the PM replaces Michael Barnett with Allyson Maynard-Gibson as the new Chief Justice of The Supreme Court of The Bahamas. Rumours are running wild in Lyford Cay and the downtown business community that Barnett will likely be returning to private practice at Graham, Thompson & Co. with Baha Mar as one of his major clients. The fact that Baha Mar's Chairman, Sarkis Izmirlian, has recently decided to join the legal fray against Nygard and the Bahamas Government could well explain why Barnett is on his way out as CJ and the Dragon Lady will be taking up that lofty position. Meanwhile our Court system with its limited resources as is, will be tied up by a spat amongst super wealthy neighbors who usually don't care about too much unless it happens in their own backyard.

ThisIsOurs 9 years, 9 months ago

Exactly. The country is in lockdown. All branches of government sewed up.

sheeprunner12 9 years, 9 months ago

If Perry makes AMG the AG ........ that will be the breaking point for most Bahamians .............................. it will guarantee a PLP lost in 2017

ThisIsOurs 9 years, 9 months ago

Yeah but these guys are living for today. They need to do what they have to before 2017, who knows what state we will be in before they are finished. I'd even be surprised if they have any confidence that they will be the next government.

birdiestrachan 9 years, 9 months ago

Mr Joe Darville and Mr. Fred Smith are selective in their environmental, concerns . The Exuma Sea park dredging was all right with them on a recent TV Program , Fred smith said he can say nothing because he had been given a retainer fee by the man. and Mr. Darville said they can not be every place , But some one from BNT told him it was all right. May be a million dollars made it all right. I find it impossible to take them seriously. I Think Mr. Bacon has a lot of money and he does not want all of those people from over the hill on his beach. That is my view and I am sticking with it.

ThisIsOurs 9 years, 9 months ago

You are probably right on the last statement birdie. Mr Bacon doesn't want those people there. And if I were him, I wouldn't want a neighbour who held wild sex drug filled orgies attracting bottom feeding questionable characters (inclusive of politicians) and devaluing the price of my property either. Would you?

GrassRoot 9 years, 9 months ago

yep I think it is time to also show the cronyism in the legal system.

proudloudandfnm 9 years, 9 months ago

Wait now this scumbag has stolen millions in land from us, runs the most expensive resort in the world with no license, staff does not have work permits and we are having a consultation process?!?!? No. Make him pay triple for the land, pay all of his back taxes and throw his ass out of the country....

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

Easy. There is ONE scanner at the department of immigration. Borrow it and make a little pdf.

I remember when albany held a public meeting where the adelaide beach thing was supposed to be iscussed.

the cash-strapped albany developers could not buy a projector.

but no worries, i is going there with my $69.00 hand held scanner and will copy it .

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