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Regulator promises swift action on Athol Island ‘non-compliance’

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Regulators last night pledged immediate action over an Athol Island project that appears “in non-compliance” with its environmental permits as an MP blasted development of the area as “a travesty”.

Dr Rhianna Neely-Murphy, the Department of Environmental Planning and Protection’s (DEPP) director, in messaged replies to Tribune Business inquiries said the issues arising from a series of aerial photographs supplied to her by this newspaper “will be formally addressed” today.’

The photos, which are being circulated widely and were forwarded to this newspaper by concerned citizens, show that a developer - whose identity was not revealed - has cleared a tract of land stretching across the entirety of Athol Island for what appears to be a beach break or excursion-type destination.

An excavator used for site clearance is clearly visible, and amenities including a dock, tables with umbrella coverings, a restaurant/bar-type structure and other tiki-style huts are clearly visible. The photos’ emergence has sparked renewed concern about permitting development on an island which is a site of historical significance and sits at the heart of a Marine Protected Area (MPA).

Dr Neely-Murphy initially said she was unable to respond to the concerns but, after Tribune Business forwarded the photos, confirmed that while the development in question does possess a valid Certificate of Environmental Clearance (CEC) it appears to be in violation of the conditions attached to the permit.

“This development has a CEC,” she confirmed. “However, based on these photos and after a discussion with the consultant on file for monitoring, the developer is in non-compliance with the CEC issued. It will be formally addressed in the morning. Please advise the public to make all reports about suspected illegal developments to the DEPP. There are new amendments that allow us to act swiftly.”

Controversy over Athol Island first erupted last year after Adrian White, Opposition MP for St Anne’s, alleged that a “relative of a high-ranking MP” was among the groups engaged in unregulated development on Athol Island for which no environmental permits or approvals were allegedly issued.

Mr White, confirming that he has also seen the photos sent to Dr Neely-Murphy, said the Athol Island situation and others similar to it demanded that the Government produce land use plans and policies for every island in The Bahamas to prevent this nation from becoming both overwhelmed by unapproved development and dictated to by investors.

“It’s a travesty that a protected area has been developed in the manner that it has,” the St Anne’s MP told Tribune Business. “I fear that this is the first indication of what will become a repeated footprint on Athol Island to service excursion operators that have picked up tourists off the ships in town.

“This government is so desperate to provide opportunities and things to do that it has turned away from best practice. Shame on DEPP. If this is a public department, why create it if it’s not securing the public interest or fighting to secure the public interest.”

Mr White asserted that both DEPP and the planning authorities are required by law to hold public hearings and consultations on projects/developments that may impact wider society and their neighbours, but said he could not recall such meetings being held over any project on Athol Island. Keenan Johnson, the Town Planning Committee’s chairman, yesterday said he was unable to recall any Athol Island project coming before it.

The St Anne’s MP, adding that his previous stint as Town Planning Committee chair prior to Mr Johnson succeeding him had exposed the need for reform at the Department of Physical Planning, said other planning-related changes and better enforcement of existing laws are required to preserve The Bahamas’ fragile environment.

“The nation is in need of Land Use Plans for New Providence and the surrounding Family Islands, and in need of land use policies for New Providence and the Family Islands,” Mr White told Tribune Business. “Unfortunately we’ve allowed developers to put the cart of their private interests before the horse of public policy.”

The Planning and Subdivision Act 2010 requires a Land Use Plan to be developed for every Bahamian island, not just New Providence. This was described as an approved policy document “showing existing and future planned land users land to be protected from development”.

Land Use Plans are supposed to designate areas identified for residential, commercial, industrial and other purposes, while also segregating areas that should not be developed. The Act also mandates significant public consultation before any Plan is approved, but this has not always been upheld and enforced.

Then-justice Rhonda Bain, in a 2018 verdict involving jailed Canadian fashion designer, Peter Nygard’s, Nygard Cay property went as far as to Order the Government to comply with the Act by preparing a Land Use Plan for New Providence, setting a deadline of July 1, 2019, for this to be approved.

It is unlikely this was met, and Mr White suggested the failure to implement what is required by the Act has allowed developers to dictate what types if development happen in The Bahamas and where rather than statute law and public policy governing this.

“Best practices are squandered when orders come down from senior ministers and ministries,” he added. “That’s a practice that needs to end. There’s a clear conflict of interest between what’s happening on Athol Island - this type of construction in a previously protected area - and what was allowed historically to take place.

“It may run rampant to the point of no return in many instances, and a prime example is the extent of the development of that parcel on Athol Island.... It shouldn’t have been permitted. It may seem like a hard decision, it may go against commerce, but it’s preserving green spaces for years to come.

“They seem to be preserving profit over planning. We’re seeing it up and down New Providence. You drive down Carmichael Road, and that area that’s pine forest, which needs to be preserved, is now having fill poured in over the land and trees are being hacked down. We are on a path that is not sustainable.”

Several sources questioned to Tribune Business why, in addition to the DEPP, the Antiquities, Monuments and Museums Corporation (AMMC) has not taken a greater interest in Athol Island given its historical significance and presence of ruins dating back to the 18th century. On more than one occasion it was used as a quarantine island

Athol Island lies 0.75 miles east of Paradise Island, and was once eyed by former Atlantis owner, Kerzner International, as a potential golf course location. That proposal was subsequently dropped for an island that remains both a bird sanctuary and Marine Protected Area. The latter surrounds and includes the island, which lies at its heart and centre.

Athol Island also offers New Providence protection against storm surges and hurricanes. And several other Bahamian businessmen who have to sought to obtain permits/approvals for Athol Island projects by going through the established regulatory channels have been frustrated with their developments coming to a “standstill” and not moving forward.

Tribune Business revealed in 2022 how Al Collie, developer of West Bay Street’s Club Luna, formerly the Zoo, was seeking to invest $2m in an Athol Island beach break destination that could create up to 100 Bahamian jobs.

Mike Darville, nephew of Sunshine Cruise operator, Chris Darville, and his company, Sand Dollar Tours, commissioned an Environmental Impact Assessment (EIA) for a $1m project involving a one-acre development that would feature a 1,900 square foot timber dock; an 800 square foot floating dock; 3,200 square foot deck; and a surveyor’s trail.

And Tony Knowles, chief executive of Pirate’s Revenge, operator of the pirate-themed ship, the Blackbeard’s Revenge, confirmed he had submitted an application to create a “Treasure Island” destination for guests that would embrace eco-tourism while preserving historical ruins in the area.

None of these three projects have progressed, and none are understood to be the project shown in the photos. It emerged last year that a CEC was granted to Andrew Hanna on February 16, 2024, for the construction of a wooden dock at Athol Island.

Dredging was forbidden, and the applicant was to provide the necessary storage space for any heavy equipment required. All other necessary permits had to be obtained from the relevant government agencies. The CEC-approved dock appears different from the one shown in the photos forwarded to DEPP by this newspaper.

 

Comments

DWW 1 week, 2 days ago

when are the owners of the bulldozers and heavy equipment going to be held accountable?

Dawes 1 week, 2 days ago

They won't be. The Government knows it can do what it wants, and these people have made sure they can get what they want. Thats why i laugh when the PM goes on about the environment. This is the least Environmentally friendly government in my lifetime.

Porcupine 1 week, 2 days ago

It should be rather apparent by their stature. The environment is somewhere outside. The only green this government appreciates is green money.

ThisIsOurs 1 week, 1 day ago

Why does media continue this practice of not naming people who are doing wrong? There's no dispute over who holds the license, who was given a cease order and who continued to violate the order. So why name everybody under the sun except the people committing the atrocity? They cant go to court to complain as they're clearly violating the courts order

Dawes 1 week, 1 day ago

We all know who it is and why they are not saying. They too related to a certain person in power.

Porcupine 1 week, 1 day ago

We have no journalism in The Bahamas. Those who do not read critically may not see this.

ExposedU2C 1 week, 1 day ago

This comment was removed by the site staff for violation of the usage agreement.

Porcupine 1 week ago

mussee a good one.

ExposedU2C 1 week ago

Yup, Neil Hartnell must have had a major conniption in reading the truth about himself. LOL

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