Submitted DAVID A. COMISSIONG,Citizen of Barbados
During his presentation in the Budget debate, Minister Donville Inniss claimed that the Chief Town Planner had already dealt with and given approval (“with conditions”) to an application to construct a 15 storey Hyatt Hotel at Carlisle Bay. (I,personally, harbour serious doubts about this, and I hope that the Chief Town Planner will soon issue a public statement and clear the air about this matter,)
The Minister also claimed that some of the conditions attached to the Chief Town Planner’s approval were being appealed against, and that the appeal was being addressed “at the highest level”. ( Just imagine that! They are appealing against “conditions” allegedly imposed by the Chief Town Planner! And one assumes that the phrase “at the highest level” refers to the Prime Minister Barbados – Mr Freundel Stuart.)
Mr Inniss also claimed that an “Environmental Impact Assessment”, a heritage impact assessment, a traffic study, a geotechnical survey, a marine survey and a geophysical survey were all carried out, as part of the processing of the said application.
It is against the background of these surprising and expansive claims that I would now like to draw the following matters to the attention of Minister Inniss and the people of Barbados:-
(1) Sections 17 and 18 of the Town and Country Planning Act, Chapter 240 of the Laws of Barbados stipulate that – “The Chief Town Planner shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed, with respect to applications for planning permission made to him, including information as to the manner in which such applications have been dealt with”…… and …….. “Every register kept …..shall be available for inspection by the public at all reasonable hours”.
(2) As recently as Wednesday 3rd August 2016 (some 8 days after Mr Mark Maloney publicly declared that he would be beginning construction of the Hyatt Hotel in two months time) I visited the Town and Country Planning Office , consulted the Public Register, and discovered that Visions Development Inc. (Mark Maloney’s company) had filed the relevant application on 30th March 2015 under reference number 0445 / 03 / 2015B, and that the section of the Public Register which deals with “Consultations” carried out in relation to the application, as well as the section which records the “Decisions” made in respect of the said Application, were both BLANK!
(I would urge members of both the News Media and the Barbadian public to go to the Town and Country Planning Office and scrutinize the Public Register for themselves. BU emphasis)
(3) A legitimate “Environmental Impact Assessment” (EIA) CANNOT be carried out in secret – unknown to the Barbadian public– and without the participation and input of the people of Barbados , particularly the participation and input of the people who reside in the communities closest to and most affected by the proposed hotel! And to the best of my knowledge, information and belief, the people of Barbados were never given public notice of and invited to participate in any Environmental Impact Assessment (EIA) pertaining to the proposed 15 storey Hyatt Hotel! Indeed, not even one single Town Hall meeting has been held about this matter!
(4) The United Nations Environment Programme (UNEP) outlines the critical role of public participation in an Environmental Impact Assessment(EIA) as follows:-
“Public involvement is a cornerstone of the EIA process. A requirement to make information available to the concerned public and seek their views and comments helps ensure that EIA procedures are implemented in an open, transparent and accountable manner. Public scrutiny also encourages the preparation of robust and defensible EIA studies and reports. In addition, information and inputs from the public have proven useful at various steps in the EIA process, including scoping, impact identification, examination of alternatives and planning of mitigation measures. Finally, the inclusion of public views and comments in the decision-making process promotes equitable and informed choice……… At a minimum, the EIA process should provide for public notification, disclosure of information on a proposal, access to EIA documentation and comment by affected and interested parties on scoping and EIA reports. In addition, the procedures for public consultation should allow for all interested and affected parties to express their views. EIA procedures for implementing public involvement in accordance with international good practice will emphasize “active” rather that “passive” engagement of stakeholders, beginning early in the process of continuing throughout.”
The people of Barbados in general, and the people and organizations of the Bridgetown and Bay Street communities in particular, must therefore be fully informed about the proposed project, and must be afforded an opportunity to participate fully in an Assessment of its likely or potential impacts on such issues as Barbadians’ continued access to and enjoyment of the beach; implications for the animal, plant and marine life of the beach; Bridgetown’s designation as a UNESCO world heritage site; issues pertaining to sewage disposal, possible damage to neighbouring buildings, and urban congestion; and its implications for the overall environmental well-being of the City of Bridgetown.
As a result of the foregoing, I now hereby put Mr Donville Inniss and Mr Mark Maloney on notice that any effort to commence construction of a massive 15 storey Hyatt Hotel at Carlisle Bay without subjecting the proposal to a rigorous and comprehensive LEGITIMATE Environmental Impact Assessment (EIA) that provides for suitable notification of and input by the people of Barbados will, in all likelihood, be met with a challenge in the Law Courts of Barbados .
208 responses to “A Legal Challenge to the HYATT HOTEL is Looming”
“I visited the Town and Country Planning Office , consulted the Public Register, and discovered that Visions Development Inc. (Mark Maloney’s company) had filed the relevant application on 30th March 2015 under reference number 0445 / 03 / 2015B, and that the section of the Public Register which deals with “Consultations” carried out in relation to the application, as well as the section which records the “Decisions” made in respect of the said Application, were both BLANK!”
The ministers still continue to allow secretive deals behind the people’s back…..what will it take for them to learn…the voters have to send a very serious message to Government ministers who continue to have no respect for the people’s right to information that impact their lives..
It appears that Mr. Inniss went to Parliament and lied. He should have also provided the information regarding where and when and who was consulted. The newspapers did not advertise any townhall meeting regarding this project neither did any of the engineering firms step forward to say that they had been consulted. He should therefore produce the information that what he said ocurred and that the approval was given or resign.
I am for projects that will bring jobs and wealth to Barbadians and the country as a whole. However, we cannot have the government elected by the people continue to operate in such secrecy and deception. I do not care if it is the Dems today, the Bees yesterday, or any other entity. We have to move NOW to demand the levels of transparency and accountability that merits a country trying to eliminate corruption while repositioning for social and economic growth.
The Government has to start talking with facts and evidence rather than hiding with the cover of political rhetoric and drip-drip leakages.
Why is citizen advocacy left to DC and we have over 900 lawyers in Barbados?
The people this government was elected to serve should not have to wait on an MP (Inniss) share info on a need to now basis in parliament.
BU Because we like it so
And what wrong with attempting another secret deal behind the backs of bajans? The DLP got to get their campaign money and big money payout, one way or the other. And, what better way to disguise it, but by offering another rich high flyer a bundle of concessions, so the DLP man behind all major big projects in Barbados, Mark ‘ in the money’ Maloney, can filter it to the various pockets at the secretive location, as is the agreement. So who gives a shite about popularity beach famous to locals. There is money to be made and by George Dem must get it.
I did not believe the report in Barbados Today quoting minister Inniss since I recall DC’s statement that he saw nothing so in the Public Register.I myself do not recall any such notice or notices in the daily press but it would have created such a furore that every Bajan would have heard about it.
Sinckler lied to the House at least twice….once when he said his life was threatened,and when he lied about the 10% increase in ministers’ salaries.Stuart lied many many times, on buying votes,on the date of election to a little boy,on privitization,on not sending home public employees,on Cahill,on money’s voted for QEH last year etc.A serial liar.Worrell of the CB lies everyday as God send.Who the hell would invest in Barbados when you have these lying criminals to deal with.
Although it would obviously be much better if the government operated with greater openness and integrity, we all know that this would delay the project to an extent that might imperil its realization. It would also multiply its cost, since many more activists and assorted troublemakers would have to be bought off. There is a trade-off between delivering economic results and fidelity to “democratic” practices.
@chad99999
You can’t have it both ways. You can’t subscribe to the tenets of a democracy and retreat to governance by stealth when convenient.
http://www.barbadostoday.bb/2016/08/19/its-a-lie-3/
So Inniss says it’s a lie, but Commissiong says Inniss is lying…I tend to believe Commissiong. …he is much more reliable and believable. …has a better sense and understanding of civil service..
Inniss needs to be thrown out of parliament by the voters…he has no respect oir the people who pay his salary.
David Comissiong should have used his camera to take a pictures to verify what he saw at the Town and Country Planning Dept.
There was no greater stealth from government than with 4 seasons scam, it’s been 8 or 9 years and look at the 16 acres of mangled steel and degradation that the site has become.
@Heather
You are allowed to take notes. And yes this is 2016.
Sorry, BU hit thumbs down in error.
Actually, it’s the opposition who said in parliament that the necessary permissions and impact studies have not been done, the politicians should expose and show the people that proof.
As a citizen am sure Commissiong would do it in his own way, but for decades both sides of the same ministers of DBLP have been accusing each other of all types of reckless corruption and crimes….but refuse to bring proof against each other…..and they ALL have proof of each other’s dirty deeds…it’s unfair to the voters who have to pay these demon’s salaries.
There is no need to be secretive about projects in Barbados.
Bajans will mek noise for a while and the project will still get approved and built………… as per usual!!!
Case in point….former cj Simmons exposes that politicians take bribes and are corrupt, business people are involved…he should know better than anyone as firmer attorney general and cj, yet he brings no proof, we know he is not lying, the voters know he is not lying, he has the proof, the DPP, Prime Minister, AG and everyone else knows Simmons is not lying, they know he has the proof, I bet none of them asked him to take his proof to the police or the DPP…..neither does he bring that proof to lock up those ministers, politicians and business people involved…
……..as Fruendel the Fraud asked bajans to bring proof of the minister’s corruption to the DPP.
None of the politicians have respect for the majority people on the island.
They all make a mockery of the people.
We have to change a whole lot of institutions in Barbados before we can get to the stage of demanding accountability from public servants, politicians,contractors of publicly funded projects,financial institutions including the likes of the crooks at Clico etc.Like the USA we need standing committees of an elected house and senate to pry those categories for compliance on a “as needed” basis.
Mr. Inniss would be an ignoramus or a mad man to stand before the nation in parliament and made the statements in reference to the plans surrounding the development of the Hyatt project
For one he would have not only indicted himself in wrongful or coverup doings but also the offices and people who are to carry out and oversee the deployment of these projects
Meaning that he could open up himself to a sleuth of lawsuits from all the entities and individuals he mentioned in his statement as having knoweldge or giving approval to the Hyatt project if not true
Mr. Comissiong might have many questions to ask but maybe his answers might be best asked to those within those agencies that have or having given the Hyatt the go ahead or necessary approvals
What silliness is this?
How could David Come Sing a Song take his camera to record “the absence of a series of reports in a register???”
That would mean that the man have to photograph every page of all sequential registers if he were to use such reasoning wouldn’t he??
Certainly a statement without much aforethought, but then again…
It looks as if when a yard-fowl is elected to parliament, he/she immediately accepts the idea that information should be kept from the citizens of Barbados,
A lot of the bungling, missteps and scams could be avoided if the government was more transparent. Use the brains of a nation, instead of the brains and greed of a select few.
As smart as they think they are, the word has gotten out that not only are we corrupt, but our politicians are ‘stupid” businessmen.
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You does read whu you does be writing
“Mr. Inniss would be an ignoramus or a mad man to stand before the nation in parliament and made the statements in reference to the plans surrounding the development of the Hyatt project..”
And this coming from a government that is notorious for lying, where the Minister of Finants said he doan know nuffin bout NIS shenanigans, the Prime Minister say he ent sign me Clare who de ef are you contracts and David The Fatted King ent tek a bribe for $3.33m
“For one he would have not only indicted himself in wrongful or coverup doings but also the offices and people who are to carry out and oversee the deployment of these projects”
Doufus it would not mean indicted nuffin, I would mean that he is an effing liar.
“Meaning that he could open up himself to a sleuth of lawsuits from all the entities and individuals he mentioned in his statement as having knoweldge or giving approval to the Hyatt project if not true…”
Whu sorta fecundity dat is?
Which government department, having signed the snivel servants act, can, after de Minister tell an effing lie pun dem scvunt, sue he or she?
You need to get ban doah, fuh being so effing stupid!!
You really got to be George Pigrim doah cause you by youself mekking de DLP look even more ingrunt Dan everyone knows them to be.
Ignormamus #2b did you not hear Mr. Inniss stating that he has knoweldge by referencing the Hyatt hotel as taking all the necessary steps . Do you not think that if he stood and told a bold faced lie that the Hyatt would not be in their right to go after him legally as misrepresenting their name in area where he had no full knowledge
Btw i do not need your advice Poster BOY
MP debate under the cover of parliamentary privilege.
#JA
>
The ability at lying and the largesse buying of votes with CLICO policyholders stolen money have enable this DLP mediocre PM and Ministers to emerged in 2008 to form the Government, apparently lacking the management skills and integrity to affect good Governance, the performance of the DLP is the result of a curse, how else to explain the actions of the PM to the AC jackasses
PUDRYR
I think you should read Commissiong’s chapeau above again as well as Heather’s post at 4:04 pm. I don’t think she was implying that Commissiong should take pictures of the reports or registers that were absent (LOL). I suspect she was only saying that he should have taken pictures of the relevant sections of the public register to which he had access and which should have been updated to reflect progress in the areas that Donville Inniss mentioned in his diatribe.
Privilege all right !but that does not exclude any one having the right to pursue an individual who have caused irrefutable harm or danger to their name or character in a democracy such a privilege is not an extension of an individual to cause harm of malice to a persons character
But would a citizen having the right to view those documents also have a right to copies or photographing those documents, is it the same polices as at the Corporate Affairs registry.
Re Naked Departure….I am sure that wordpress’ policies do not include the dissemination of pornographic photographs, if ya told them it’s a specific blog, it should stay as such, if ya want to disseminate porn, start a separate porn website…there must be boundaries for certain things.
I hope if it’s found that Dumbville is lying he would at least have the good sense to resign, he has lied before, he has been secretive and deceitful before.
David sometime your speckled feathers be flying all over de place.furthermore i belive that privielge was subjected to the confines of parliament while the ministers were in heated debate adressing each other .
My comment reference to all those individuals who are involved with the development of the projects and the name Hyatt which is a reputable and international reknown hotel and would not in any way be dragged into untruths rather by a govt Minister or anyone else and if need be seek re course by legal means
I belive Mr. Inniss would be one guided by such consequences and rather not take the chance to be embrassed publicly by a grouping of investors
Donville Inniss claims that an Environmental Impact Assessment has been carried out, however Commissiong inspected the public documentation and found no evidence to support this. The possibilities are as follows:
1. Donville Inniss is lying.
2. Donville Inniss is not lying, but the Town and Country Planning office is in breach of their statutory responsibilities to provide accurate documentation. Furthermore, the Environmental Impact Assessment would have to have been carried out in secret.
Both 1 and 2 seem to me to be feasible possibilities. Commissiong has quoted United Nations Environment Programme guidelines for an Environmental Impact Assessment, but I am thinking that these are not part of the Town and Country Planning Act.
Does anyone know exactly how the Town and Country Planning Act defines and stipulates the parameters of an Environmental Impact Assessment?
Like David said Barbados boast of 1100 lawyers.How come we are being warned by less than 0.09% of the stealth that is going on in the name of development.Its a rotten shame that there are no other public spirited legally trained citizens willing to kick against the pricks that constitute Parliament.Instead we have the tocksutters waiting to overcharge Caves of Barbados or teaching the leper how to steal and hide funds from Clico or bullying the man
in Pilgrim House to fire the Commissioner of Police or using delaying tactics to prevent 2 of their own thieves to avoid repaying client funds,or using delaying tactics to prevent ouster of a couple from a family owned Worthing property in hoc to a city bank.Lawyers!Got their priorities wrong.Almost all dishonest sumsbeeches.
@Gabriel
It is little wonder the Barbados Bar Association has been so ineffective.
@Peter
Why do we have wrap all issues in legalese? There is the public right to know. This must be the guiding philosophy of any government, especially this one which promised a transparent government.
The 1985 version of the Town and Country Planning Act is online at http://www.townplanning.gov.bb/legislation/CAP240.pdf
The only references to an environmental impact assessment is contained in the following paragraphs:
“17. (1) Application to the Chief Town Planner for planning
permission shall be made in such form and shall include such
drawings and other particulars as may be prescribed; and in particular
if requested by the Chief Town Planner, may be accompanied by an
assessment of the impact that the development in respect of which
planning permission is being applied for is likely to have on the
environment of Barbados.”
“69. (3) (e) any decision relating to any requirement that an application
should be accompanied by an assessment of the impact that
the development in respect of which planning permission is
applied for will be likely to have on the environment of
Barbados.”
This makes it clear that the environmental impact assessment process is worse than a joke. It appears that the EIA is performed by the applicant or their agent with no requirement for public input or even for public scrutiny of such a worthless document.
So it appears that some compliant consultant has been paid to produce whatever Maloney wants, and without freedom of information legislation we can’t even get to look at it.
Please, tell me it ain’t so.
@David
Sorry, not trying to wrap it in legalese, trying to find a chink in their armour for legal action.
Of course it’s so…same shit with the Cahill scam, they even ignored advice from the company they hired using taxpayer’s money, when the warned them of their concerns of the gassification plant.
When these pissy, petty, corrupt government ministers want bribes and finder’s fees, the people’s safety, concern or right to information….is never considered. ..never factored into any equation.
@ Well Well, for some reason Piece tries to discredit me at every opportunity he gets. I am glad you understood why he should have taken a picture if it was possible. I wont be bothered with Piece. I left him to Sam Clarke.
I always thought one could only “appeal” conditions AFTER permission has been granted. I suspect Donville meant the conditions were being negotiated, which means being discussed with the PM who is responsible for development on the seaside. But when yuh trying hard to cover up wrongs, all manner of ish falls from yuh lips.
Am I to conclude that the National Trust got left by the wayside?
Election time is near is and the PM want JOBS in his area , After Elections all will be out of work , Its never steady work, Its a ploy that the people go for all the time like sheep, What is needed is for Bajans to have work building their own homes which is much longer work and repeated work. The People who come to bim already have homes and housing,We have more housing for the world than the people that need housing , The talk of building make people smile , just like talking 4 season until the people pull out, and the people become sad again, tv, news papers run all over the place with reactions of the people, So be ready and after the building is done there is no more jobs this is why we need to focus on WORK.
Not really legalese. Seem like a bad cut and paste and adding the words ‘of Barbados’.
Seem like FC helped draft it.
Agree that we shouldn’t invent the wheel, but what work elsewhere might need some added teeth for the colonies.
*reinvent
@enuff
Even if the application was approved with conditions it does not address the issue raised by DC and of a non legal why the transaction was done by stealth for such a major project.
David
I agree with you and Commissiong. I, like DC, find it hard to believe what Donville said.
Submitted and processed applications here:
http://townplanning.gov.bb/content.aspx?c=68
“on 30th March 2015 under reference number 0445 / 03 / 2015B”
Did I miss something, cause I saw no application submitted or permitted for Maloney’s Vision Development Inc..on that list Enuff provided.
If, hypothetically, the National Trust were to develop and publicize a development plan that made sense for that location (fitting in to the heritage nature of the site, much lower than 15 stories, enhanced public access to Brownes Beach, etc.) would that provide a focus for the Bajan public to put pressure on the politicians?
0445/03/2015B VISION DEVELOPMENTS INC
Ok…found the application, but found no permission, unless I missed it…I looked twice.
Shouldn’t the permission be public knowledge like all the other permissions I noticed, if indeed there is no legal wrangling with the conditions…I believe David Commissiong, Dumbville is lying, something else is going on, secrets and lies.
Donville I am sad to say was never too bright at school, what I remember is that a few of us well, found that he often did not remember what was taught just the week before, he has been a well known pimp to Big Business for years.
I have been keeping track of Donville only because we live in his constituency. He is lazy and arrogant.