The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Residents in an Old Fort Bay subdivision are hoping the Chief Justice will today sign an Order blocking further construction - at least temporarily - of a controversial "multi-use pathway" that has deepened the upscale community's divide.

Multiple Tribune Business sources, speaking on condition of anonymity because they were not authorised to talk publicly, said only Chief Justice Ian Winder's signature remains outstanding on an Order that will permit property owners in the Islands at Old Fort Bay community - one of the subdivisions that makes up the full development - to launch a Judicial Review challenge to the permits and approvals granted for the pathway.

It is understood that the proposed Order will also contain an interim injunction halting further construction by the Old Fort Bay Property Owners Association and its contractor, Bahamas Hot Mix (BHM Construction), until a November 8, 2022, hearing where all sides are present to argue whether the bar should be extended for the duration of any Judicial Review proceedings.

The move will further escalate the dispute between the Old Fort Bay Property Owners Association and residents of other subdivisions that form the upscale western New Providence community, especially the Islands at Old Fort Bay and Bay Creek. Tribune Business previously reported how a row over security fees morphed into the Association closing the "middle access gate", effectively splitting Old Fort Bay in two.

The dispute over the pathway's construction, seen by Islands at Old Fort Bay and Bay Creek residents as the Association's solution to the loss of “free” golf cart and bike access that residents in Old Fort proper have suffered as a result of the gate closure, which has denied them access to West Bay Street via the other subdivisions, is only serving to further heighten tensions.

One Islands at Old Fort Bay resident and homeowner, and Old Fort Bay Club member, said the "middle access gate" closure resembles the divide between two countries at war with each other. "For the past 22-plus years the so-called 'middle gate' inside Old Fort was essentially a speed bump and the road was unguarded, open and accessible to all in the community who were well within their rights to cross over," the resident said, speaking on condition of anonymity.

"Now the gate looks like an international border crossing between two nations at war with each other...... The proposed path construction that was due to start on October 31, and be completed on November 17, reeks of desperation, grandstanding... How many construction projects of this nature are approved and completed within such a short timeframe?"

Another added: "It's very sad. On Monday morning last week, the Old Fort Bay Property Owners Association began putting up wooden panels on the gate to block any way of looking into the Old Fort Bay community. It's truly pathetic."

Others said the Association and Bahamas Hot Mix had been "steamrollering" ahead with the pathway's construction, having begun work on October 26 some five days ahead of the advertised month's end start. This newspaper was shown photos of Bahamas Hot Mix employees working on the project on Sunday, which several residents are interpreting as an effort to complete the build-out prior to any Judicial Review action or injunction being obtained, rendering it a nullity.

Raven Rolle, a Callenders & Co attorney acting on behalf of Fred Smith KC, in an October 26, 2022, letter on behalf of the Islands at Old Fort Bay property owners, demanded that all construction work "cease immediately" until copies of all permit applications were presented and the issue of public consultation was clarified.

Writing to Luther Smith, the Ministry of Works permanent secretary, Ms Rolle said "there is much uncertainty surrounding the type of 'roadworks'" that the Old Fort Bay Property Owners Association and Bahamas Hot Mix obtained approvals for.

"A review of the ‘approved design’ reveals that the 'roadworks' will see the creation of a eight-foot wide footpath along the public road, and will entail the construction of a drainage well with heavy duty frame and cover which will require excavation, and a Type D Kerb," she added. "The approved design will also result in the removal of trees along the private road and public road.

"We write to you with some urgency as we understand that Bahamas Hot Mix commenced works on the project today. Our clients, as affected stakeholders and interested parties, were entitled to be consulted before any approval was given and were not consulted nor, to our knowledge, was there any notice of public consultation published to the general public."

Calling on the Ministry of Works to provide copies of all permits and applications, as well as proof there was public consultation, Ms Rolle added: "We hereby demand that all construction work cease immediately upon receipt of this letter until the above issues are clarified or resolved.

"Failure to immediately cease construction work will result in the parties being constrained to institute whatever necessary action in the Supreme Court, including but not limited to an order seeking an injunction, Judicial Review, damages and costs."