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TCI: Bight Hotel by Dream Hotel group back on track for Lower Bight, Providenciales

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#TurksandCaicos, May 12, 2021 – Construction can now begin on the Dream Hotel, an eco-styled resort which has claimed the lower Bight as home.  A second attempt to halt construction has failed for the complainants ‘The Yard Limited’ as the Appeals Court upheld the judgement that there is no harm done in construction of the six story, 87 room luxury escape along the famous Grace Bay Beach.  

The Infrastructure Minister Akierra Missick congratulated the Planning team for continuing to adhere to the Planning Laws that guide the sustainable development of the Country. This in turn brings about development that is beneficial to residents and visitors alike.

The Minister acknowledged there is much work to be done in updating the Physical Planning Ordinance, she said at this time she is pleased with the planning and legal team in proving the project’s value.  I quote her now: It was a long battle; however, I had complete faith in our team and was confident that the procedures followed were in accordance with the Physical Planning Ordinance and Regulations.” 

The Appellants were Eric John LeVin, Daniel Joseph LeVin and The Proprietors, Strata Plan No. 84 all of whom were represented by Mr. Jonathan Katan QC of Miller Simons O’Sullivan Attorneys in Providenciales. 

The Court of Appeal unanimously found that the Outline Development Permission that was the focus of the judicial review proceedings was “valid and there was nothing unlawful in the decision of the Cabinet or the Physical Planning Board in granting the Dream Hotel approval. 

A statement from the Minister’s office said the appeal was dismissed in its entirety and The Yard Limited is expected to cover the legal costs.

Ministry of Infrastructure’s Full Statement:

The Court of Appeal unanimously upholds the ruling of the Honourable Chief Justice

On May 3, 2021, the Court of Appeal handed down its unanimous judgment dismissing the appeal brought by Eric LeVin and others challenging the ruling of the Honourable Chief Justice handed down in the Autumn of 2020. The Appellants initially brought judicial review proceedings before the Supreme Court and subsequently the Court of Appeal as they were aggrieved by the decision to grant Outline Development Permission brought by the Interested Party, “The Yard Limited”.

The application and grant was for the development of a $23 million six-story full service hotel with 87 rooms and infrastructural amenities to be built on parcel 60801/76 in the Lower Bight, Providenciales.  The Appellants did not succeed in either Court.  The Honorable Minister Akierra Mary Deanne Missick congratulated the Planning team for continuing to adhere to the Planning Laws that guide the sustainable development of the Country. This in turn brings about development that is beneficial to residents and visitors alike. The Honorable Minister acknowledges that there is much work to be done in updating the Physical Planning Ordinance in the near future, but noted that at this time she is pleased with the team and thanked them for their hard work and dedication.

Commenting on the outcome of the appeal, Director of Planning, Mr. Danier Lightbourne said, “Congratulations to our Planning Team on our victory. It was a long battle; however, I had complete faith in our team and was confident that the procedures followed were in accordance with the Physical Planning Ordinance and Regulations.  Finally, it would be remiss of me if I did not mention the excellent representation of the legal team.”

The Appellants were Eric John LeVin, Daniel Joseph LeVin and The Proprietors, Strata Plan No. 84 all of whom were represented by Mr. Jonathan Katan QC of Miller Simons O’Sullivan Attorneys in Providenciales.

The Respondents were the Director of Planning, the Physical Planning Board, the Cabinet of the Turks and Caicos and HE, the Governor of the Turks and Caicos Islands, all of whom were represented by Senior Crown Counsel Libby Charlton de Rotte of the Attorney General’s Chambers, Grand Turk. 

The Interested Party also made arguments in both Courts was represented by Mr. Conrad Griffiths QC of Griffiths & Partners Attorneys also based in Providenciales.

The Court of Appeal unanimously found that the Outline Development Permission that was the focus of the judicial review proceedings was “valid on its face and having regard to all the surrounding circumstances nothing expressed therein reflects an unlawful decision of the Cabinet (the Governor in Cabinet) or the Physical Planning Board and there is nothing to challenge the valid use of the s. 39(2) procedure.” In light of this and other findings, the appeal was dismissed in its entirety and parties are to make submissions as to costs.

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CARICOM speaks out on Climate Change, looking to May meeting to amplify call for Climate Funding

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March 3, 2024

 

The Caribbean Community (CARICOM) remains on the frontlines of global climate crisis, an issue the Region has been aggressively advocating on for the past thirty years. Despite the many commitments and promises of international partners, the window of opportunity to limit global warming to 1.5 degrees Celsius above pre-industrial levels is rapidly closing.

Heads of Government are concerned that while COP 28 was widely regarded as a historic event, with the completion of the first global stocktake (GST), on progress in achievement of the Paris Agreement goals, the outcomes of GST show that emissions of greenhouse gases continue to rise and the nationally determined contributions (NDCs) of Parties will not keep global temperatures below the 1.5 degree goal enshrined in the Paris Agreement.

Heads of Government also expressed concern to be heading to COP 29 where a New Finance Goal will be articulated to replace the 100bn goal, which has not yet been met, even as developing countries require trillions to deal with the escalating impacts of climate change. Developed country parties have not provided enough finance at scale, technology and capacity building support required to help developing countries tackle their pressing needs to build their resilience, especially in adapting to the adverse and increasingly catastrophic impacts of climate change. The clear absence of definitive timelines for action and quantitative commitments for scaling up of investments, and particularly adaptation finance emerging out of COP 28, cause great concern to our Region.

The Conference noted that Small Island Developing States (SIDS), recognized as the most vulnerable group of countries and a special case for sustainable development, have been facing strong push back against the recognition of their special circumstances especially in the context of climate finance. There is limited international support for special allocations for SIDS within financing arrangements and available climate finance from international and private sources is limited, expensive and too onerous to access.

In light of the preceding, Heads of Government called for CARICOM to take a strategic, unified and coordinated approach to ensure that the Region remains influential in the climate and development arena through engagements with key partners and advocacy groups.

They called for renewed focus by the Region to advocate for inclusion of forests, nature-based solutions and blue carbon into market mechanisms with the aim of articulating clear regional positions and strategies.

Heads of Government reiterated the call for improved readiness programmes, simplified approval procedures, a change to the criteria for determining access to low-cost finance, and for the adoption of programmatic approaches to address the bottlenecks in accessing finance.

The Region reiterates its support for the Bridgetown Initiative’s call to expand capital adequacy of international financial institutions.

Heads recognized that the Fourth International Conference on Small Island Developing States, scheduled to be held in Antigua and Barbuda, 27 – 30 May 2024, will be an inflection point for many of these discussions to be articulated. As such, the Region remains committed to participating in the Conference at the highest level.

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South Caicos Development Plans shared with Washington-Misick led Administration

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On Monday, 12 February 2024, the Premier led a delegation to tour the island of South Caicos to view the ongoing public and private sector projects, involving the remodelling and rebranding of the airport terminals, historical districts, and the East Bay Hotel.

The tour of the various developments reinforced the Government’s commitment to collaborating with stakeholders to boost the island’s activity and economy.

Photos courtesy of the TCI Office of the Premier

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Ministry of Tourism continues to get rid of dilapidated structures

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By LINDSAY THOMPSON

Bahamas Information Services

NASSAU, The Bahamas – The Ministry of Tourism, Investments and Aviation is continuing to rid areas of derelict and dilapidated structures posing safety problems, and a threat to the overall tourism product.

In this vein the recent structure to be demolished was the Gaming Board building owned by the Hotel Corporation.  Located adjacent to Goodman’s Bay Beach on West Bay Street, it was formerly the Sir Harry Oakes property; the northern portion once housed Bahamas Information Services for several years.

 


On hand to witness the demolition were Deputy Prime Minister and Minister of Tourism, Investments and Aviation the Hon. Chester Cooper, and Senator Randy Rolle, Global Consultant, MOTIA.

The demolition started on Monday, February 5, 2024 by Virgo Construction headed by the contractor Terry Delancy.  

DPM Cooper explained that the government felt the Gaming Board building should no longer sit there in a derelict manner, and continue to be an eyesore and pose safety concerns.

“Goodman’s Bay will be enhanced as a result of getting rid of this building. It will be more aesthetically pleasing for residents who traverse this area. Women who walk in the mornings in particular through these areas will be pleased to see that this has become a green space, rather than a derelict structure,” he said.

DPM Cooper also noted that his ministry consulted broadly with the Antiquities, Monuments & Museums Corporation (AMMC), and other historians before proceeding with demolition.

“We are sure not to take any actions as it relates to buildings, without consultation. So they were very comfortable with the process and we continue to work closely with them on all of the buildings that we have demolished in the downtown area,” he said.

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