The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A Bahamian entrepreneur yesterday said he has renewed efforts to negotiate a solution to his Paradise Island crown land lease dispute by requesting a meeting with the prime minister.

Toby Smith, principal of Paradise Island Lighthouse & Beach Club Company, told Tribune Business he wanted to persuade Dr Hubert Minnis to honour what he argues is “a legally binding agreement” even though the Supreme Court is due next week to hold a “case management” hearing on the litigation he has filed against the government.

“I’m putting it out there so we can sit down and have a chat,” he explained. “He’s never afforded me the opportunity. The Office of the Prime Minister has already been involved in drafting and offering my crown land lease, and I’d like my crown land lease honoured by the most honourable minister responsible for crown land [Dr Minnis].

“He has not signed my lease. The attorney general, his colleague, is telling me it’s not valid, and I’d like him to tell me it’s valid. I’d like to commence operations, and that can only be done on a solid foundation, which is a legally binding agreement.”

Mr Smith is seeking to lease two crown land parcels at Paradise Island’s western end, one of which involves two acres around the lighthouse and another three acres for the “beach break” element of his $2m project.

His court action is alleging that he was granted a valid crown land lease over both parcels, including the lighthouse and the area at Colonial Beach for his “beach break” destination, which is now legally binding. The case is based on a January 7, 2020, letter from Richard Hardy, acting director of Lands and Surveys, that was headlined “approval for crown land lease” over the two tracts he wanted.

But two of the acres sought by Mr Smith are now included in Royal Caribbean’s rival Crown Land lease. The cruise line has steadily amassed around 13.5 acres on Paradise Island’s western end by buying out private landowners in the area, but it is also seeking to lease some ten acres of crown land in the Colonial Beach area to complete its Royal Beach Club development as part of a total $110m investment billed as creating $26m in local spend and 200 full-time jobs.

“I’m looking forward to court next week,” Mr Smith added, “but my door has always been open to the Government and Royal Caribbean. It’s unfortunate that they’ve not been so responsive, and they both seem to have a track record of ignoring me.

“I’ve had to beg for nine years. I’m in my tenth year of trying, and there is now a legal aspect to this. Come on, why do Bahamians have to go through such an exhaustive process to have an opportunity in this country? The legal process could be avoided by honouring the lease. I’ve accepted the Government’s challenge to provide scalable tourism destinations and I’d like to get on with it. I don’t like conflict.

“It’s a very simple matter. If he [the Prime Minister] wants to approve Royal Caribbean for Crown Land that does not include my areas, that’s between Royal Caribbean and the Bahamian people. Let’s get on with it for God’s sake. No party should stop the Bahamian people from progress by putting up all these hurdles to honouring my lease.”

And, in a reference to the controversy that erupted at Cabbage Beach over the blocking of beach access, Mr Smith said: “Crown Land and beach access is a hot topic. It keeps reoccurring and seems like it’s not resolved to the benefit of Bahamians.”