The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Sandals is proposing to expand its Fowl Cay property through the development of ten “overwater” bungalows in “anticipation” that the Government will finally end the two decade-plus wait for a policy governing such structures.

The Environmental Impact Assessment (EIA) for the proposed expansion of the 50-acre Exuma cay, which has been seen by Tribune Business, states that the locations for the planned overwater bungalows have been selected with the proposed policy in mind and followed a Department of Environmental Planning and Protection (DEPP) visit to the island in December 2022.

The review, by Waypoint Consulting, reveals that Sandals, which also owns and operates resorts on New Providence and mainland Exuma, is planning to more than double guest accommodation on the high-end, secluded retreat for wealthy guests.

“Fowl Cay Resort, aptly named for the island, is owned and operated by Sandals International. At present, the resort boasts six villas with varying accommodations to support between two and six individuals. The central gathering point on the island is Hillside House which features dining facilities, a bar and lounge amenities,” the EIA stated.

“This EIA pertains to the expansion of existing resort lodging, amenities and back-of-house operations to support additional hotel keys and new offerings such as overwater bungalows. In addition to six new villas and three villas at the water’s edge, Fowl Cay proposes ten overwater bungalows spread over two locations.

“These locations were selected with consideration for The Bahamas’ anticipated overwater structure policy, and following a site visit to Fowl Cay with DEPP in December 2022. The proposed overwater bungalow locations pose no interference with established navigational routes, offer protection from winds, stand perched above a shallow and sandy substrate, and allow adequate spacing to reduce impacts from shading,” the EIA added.

“Construction of overwater bungalows will be similar to installation of traditional dock pilings while adhering to policies set forth by DEPP and the Ministry of Works...... Land use on the island will not change. The island’s resort offerings will expand to include overwater bungalows and additional amenities. Concurrently, back-of-house operations will expand to meet added demand. Tourists and guests will continue to travel to Fowl Cay.”

Tribune Business understands that The Bahamas has been mulling policies and regulations to govern the construction and location of overwater structures for years. This newspaper has seen a draft for ‘national environmental guidelines on overwater structures’ that was prepared by the DEPP’s predecessor, the Bahamas Environment, Science and Technology Commission (BEST), more than a decade ago in 2012 with a subsequent revision made in 2017.

Explaining the rationale for such a policy, the BEST paper said: “In 2012, the developers for Leaf Cay approached the Bahamas Investment Authority (BIA) with a proposal to create second home overwater structures. As the initial proposal targeted the second home market, only recently have the proposals been geared toward the tourism market.

“Since 2014, the BEST Commission through The BIA has received numerous applications for the construction and operation of overwater structures - specifically, overwater cabanas and villas. These structures have been proposed to be located in coastal areas such as the offshore cays. Proponents have repeatedly expressed the desire for developments of this nature to appeal to the high end, high income tourist simultaneously offering the exclusivity of an overwater villa/cabana.

“In response to these proposals, the BEST Commission has summarily not recommended approval or consideration of these proposed overwater structures due to concerns with addressing issues of waste (solid and liquid) generation and disposal; construction in sensitive areas leading to destruction of habitat and sedimentation; potential hazards to navigation; potential hazards to marine life; impacts to the aesthetic value of the coastline; access/removal of the seafront and seabed to the general public; potential for expanding the property greater than the actual size; safety; placement of structures in public beaches; the placement of permanent structures (concrete) in areas vulnerable to natural disasters; and endorsing developments without any due consideration to effects of climate change.”

However, acknowledging the need to balance economic and environmental interests, the paper added: “The BEST Commission has recognised that the tourism industry is a pillar of The Bahamian economy and the ability to offer the exclusivity of an overwater structure may be an asset to certain developments.

“However, the BEST Commission also recognises that developments of this nature should be conducted in a prudent and regulated manner, and has embarked on the development of guidelines for the construction and operation of overwater structures.

“These guidelines are intended to assist the BEST Commission, other permitting agencies and the proponents in determining where, how and what type of structure can be allowed throughout the country. They are also expected to reflect and be consistent with the existing regulations and legislations of relevant government agencies; best practices and standards for the activity; consideration of communities, while still being economically viable for the proponent.”

One source familiar with the overwater regulation situation, and speaking on condition of anonymity, told this newspaper: “Still no decision despite 27 years of promises. I’m told that there is draft legislation, but there doesn’t seem to be the political will to undertake it.

“We’re missing a large segment of the tourism market. And if you look at the number of over-water structures that have already been built without permitting, there’s quite a number out there. Look at Harbour Island. The street that faces the harbour, there must be a dozen of those conch shacks over the water. Potter’s Cay used to have a few.

“Those overwater structures have been approved for Royal Caribbean at Coco Cay, built over the water on the stipulation they are non-habitable. If we’ve gone that far, then the next step must be to get legislation drafted and make them habitable. It’s not for everywhere, but there are certainly a lot of locations in The Bahamas where it could work. Fowl Cay is definitely one place.”

Tribune Business research also located on the Internet a June 2012 paper by Bahamian environmental engineering firm, Islands by Design, that was submitted to BEST in June 2012 advising on environmental considerations for overwater bungalows. 

“Perhaps the best indication of impacts stemming from overwater bungalows is to draw on a case study of the Maldives. The Maldives is a nation of islands with over 1,100 small low lying islands congregated in 26 atolls in the Indian Ocean, not dissimilar to The Bahamas with over 700 islands and cays spread across 100,000 square miles of the Atlantic Ocean,” the report said.

“The Maldivan government established a policy of resort islands; islands that cater only to foreign tourists to guarantee complete privacy with comprehensive facilities for accommodation, food, recreation and leisure. Regulations state that the built environment should utilise no more than 20 percent of the total land area where water bungalows are allowed only to enhance the appeal of the resort and not as an alternative to lack of space on the island.

“It further requires that for every room built on the lagoon equivalent spaces should be left aside on the island..... While it is not likely that The Bahamas will embrace resort island development with such vigor, the Maldives reinforces the importance of overwater bungalow placement and utility planning with operational management.”