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Submitted by The Book Surveyor

Savvy on the Bay matter- if the BTII failed to do due diligence by hiring Mr Kenneth Ward, both Mr Ward as the surveyor and Mr Kinch as the buyer had an obligation to legally declare a conflict of interest.  

Allan Kinch
Allan Kinch of Savvy on the Beach

Blogmaster, I sent you 2 paragraphs governing conflict of interest by surveyors and engineers as outlined by law. The wording in US and British law is slightly different, however, both speak to a professional and legal obligation to the client.

The reason I sent this is because a blogger of yours touched on it, but I do not think many understand the legal liability that this places on a transaction in terms of the efficacy of the survey. Also I read where a blogger tried to down play it by saying [paraphrasing] “so what if the same surveyor that worked for Mr Kinch worked for BTII, Barbados is a small place“. My point is – if the BTII failed to do due diligence by hiring Mr Kenneth Ward, both Mr Ward as the surveyor and Mr Kinch as the buyer had an obligation to legally declare a conflict of interest.  

Had this occurred in the UK or USA, the entire survey would be deemed null and void as outlined below.

The engineer or land surveyor shall exercise independent judgments, decisions and practices on behalf of clients and employers as follows:

(a) The engineer or land surveyor shall attempt to avoid all conflicts of interest with his client or employer, but when a conflict of interest is unavoidable, the engineer or land surveyor shall immediately inform his or her employer or client of any business association, interest, or circumstances which might tend to influence the licensee’s professional judgments, decisions or practices or the quality of services.

(b) The engineer or land surveyor shall not solicit or accept any gratuity, material favor or benefits of any substantial nature from any party, agent, servant or employee dealing with his or her client or employer in connection with any project on which he or she is performing or has contracted to perform engineering or land surveying services. This solicitation or acceptance includes, but is not limited to any act, article, money or other material possessions which is of such value or proportion that its acceptance creates a clandestine obligation on the part of the receiver or otherwise compromises his or her ability to exercise his or her own independent judgment.

Casetext

In a related matter, I take the opportunity to apprise the public about a company by the name of KDL Limited created by Allan Kinch. He shutdown the company, paid out the partners, closed the company account before they could cash cheques issued as part of the dissolution. KDL sold construction equipment and the partners were Kinch, Bugelin and Lashley.

Blogmaster, this is an angle to the Savvy on the Bay story in need of exposure.


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272 responses to “A Savvy conflict of interest”


  1. @ John A

    You are correct but the initial plan was a condo hotel.

    In my lowly opinion the best result still is a reduced condo building on the sea side of The ltd eye ward and beach facilities with market facilities including food trucks, craftsmen and artist.

    Carlisle Bay has thousands of cruise ship visitors visiting it that the visitors and the small entrepreneurs would mutually benefit from such a set up.
    Add to that the development of the Bay needs to be balanced. It can’t all be about big developers. The community must have a place and small entrepreneurs must have a place. This would create a more wholistic environment for all. How can we expect the community to embrace development that they are pushed out of? That is why from the first meeting I was in I spoke about the need for public space and for disabled access.


  2. David

    I don’t know if I missed it before but I am now reading that the technocrats recommended refusal, which confirms my suspicion all along and gives credence to my earlier comment about the use of the PR blitz to influence the final decision. It also shows that your constant cry about the TPD not replying is incorrect. They did reply, it is just that Ms.Taylor didn’t like the response. This leads me to ask, if they knew the technocrats recommended refusal why go and set up the food trucks and renovate a listed building without permission?


  3. @enuff agin you seek to give false information.

    You clearly have an issue because I have said there is more than one application.
    There is the application that was submitted prior to the completion of the sale for the condo hotels and the one in 2020 for the food trucks and eye ward.

    The first was reccomend refusal largely based on Housings comments about them owning the land.

    As Housing produced no evidence to support their claim and NO records of subdivision or the parcels being separated into different lots. No record in Land Registry or land tax and after the lawyers did ALL they could to check and got additional advice from other lawyers and experts the sale was completed.

    The above information won’t change no matter how many times you try to imply things you either know nothing about or are trying to lead people to believe otherwise.

    The Food-truck application and
    Retention of work on Old Eye ward has not been responded to. They just issued notices which by the way they are not supposed to do without first determining an application.

    Keep typing the same nonsense and I will keep copy and pasting


  4. Look at the applications on the Planning site what do they say?

    6. Formal Application – 0620/05/2019B (Submitted)
    Applicant(s): TOURISM ENHANCEMENT PROJECTS INC.
    Agent: BAIN PLANNING AND DEVELOPMENT
    Address: BAY STREET, ST. MICHAEL
    Description: ERECTION OF AN APARTMENT HOTEL, JETTY AND RESTORATION OF A BUILDING FOR OFFICE, RETAIL AND RESTAURANT USE (OUTLINE)
    Coordinates:
    13.091642357707983, -59.61001932621002

    https://registers.townplanning.gov.bb/digital?q=0620%2F05%2F2019B

    1. Formal Application – 0528/06/2020B (Submitted)
    Applicant(s): SAVOY DEVELOPMENT LTD., COMPANY
    Agent: BAIN PLANNING AND DEVELOPMENT
    Address: BAY STREET, ST. MICHAEL
    Description: RETENTION OF ALTERATIONS TO AN EXISTING BUILDING, FORMATION OF PARKING AREA AND PLACEMENT OF TRAILERS, TRUCKS AND TENTS FOR FOOD VENDING(LIMITED LIFE)
    Coordinates:
    13.091568, -59.610322

    https://registers.townplanning.gov.bb/digital?q=%200528%2F06%2F2020b


  5. @ Sarah

    So 2019B is the one that includes the old eye clinic building then? The other Application was for the carpark area?

    So 2 seperate applications filed.


  6. @Joh A

    Both actually refer to the building which is the old eye ward. I looked them up and shared them for accuracy.

    The second which is for the food trucks was also updated and updates submitted to ensure it reflects the work done.

    The plans are on the same website I shared before Barbados Fairness and Truth.

    I post the documents as I prefer people look at them and see for themselves.


  7. Ok I understand now. Getting permission for change of use with a historic building is a tough one, especially if it will have heavy commercial activity in it like retail and a restaurant. TCP would not want extractor fans or ACs showing and stuff like that. Then you have fire exits with external stairways if its upstairs and a host of other things they will ask for, none of which you could put on the exterior of a historic building.

    Not impossible to do mind you, but the historic building part does make it way more complex. But again one day at a time.


  8. @MsTaylor
    You can struggle with all the logic you want. This land is NOT for you (Kinch)
    The application for food trucks is now moot. The PM said they could stay, ipso facto, permission granted. And to whomever owns the land.
    The application for “development” was denied.
    Whether the old Eye Ward will be permitted for office or business use, or anything else, who knows.
    Just get as much money as you can. Cash, not bonds. Don’t get greedy or they will skin you, just for sport.
    Drop the opportunity cost and interest. Don’t mind what some contract says, the prevailing interest rate between 2015 and today is basically <1%.
    You have caused them grief, so not eligible for the 'friends and family bonus'.
    You have not a hope in court.
    The only way you get more than $4M land + legal fees and paid property taxes, is if you share it.


  9. @John A

    What historical building are you talking about? Do you mean the structure that was a haven for vermin and paros before the building was upgraded notwithstanding lack of permissions. Barbados is definitely not a real place.


  10. @NO

    Agree with you. Mia wants that real estate for other players.


  11. Worse yet you have employed the services of a planning consultant and still undertook unlawful development? An application to retain means you already acted illegally. The fact remains that even after you were aware of a recommendation to refuse due to issues raised by MOH, you submitted a different application and proceeded to renovate a whole listed building and set up food trucks, boutiques etc without planning permission. In some jurisdictions, “it is a criminal offence to carry out work, or ask for work to be carried out, to a listed building where consent is required. The penalty for doing so can be severe – an unlimited fine, up to 12 months’ imprisonment, or both.” Y’all clearly were looking to twist the government’s arm. Pirates Cove had planning permission?


  12. @Enuff Your comments on Copacabana please? On Worthing Square on Food trucks around the island, Coconut Vendors. Who are you doing PR for?

  13. Donks, Gripe,and Josh Avatar
    Donks, Gripe,and Josh

    @sarah Taylor

    [When the AG talks Meads and Persians don’t forget to include the neighboring property built partially over public lands being Lewis Alley and built without a parking space and without planning permission.]

    Sarah Taylor in between the ball of confusion you bring to this corrupt issue your above quoted nugget is pertinent. The corridor of wide ‘new beach’ starting at the Pierhead which runs up to Barbados Yacht Club should fall under the Public and Judicial enquiry suggested by Alvin.

    Old timers know previously most of the stretch running from the Pierhead to the Yacht Club there was no beach or relatively narrow strips. Brothels, old mechanical junk, garbage, and dangerous rocks lined the beach side. The sea smashed against the walls of the old Harbour Police station (Hyatt location) and the brothels and few houses on the seaside going south.

    Fresh expanses of beach in Barbados are equal to new oil finds in Guyana. The new valuable discoveries belong to the people/ state. Some fast-moving entrepreneurs obviously took notice of the quickly widening beach front bought the old brothels and lands adjoining built tourist businesses and made fortunes in a short space of time . Much like the Yankee oil barons back in the day.

    Savvy it appears is looking to do the same. There is nothing wrong with entrepreneurship however if it encroaches on the property of the people/state then its illegal. Thats why Kinch’s neighbors as alluded to by Taylor should also be subject to the enquiry.

    The public has a right to know if there was wrongdoing along the entire corridor from the Pierhead to Barbados Yacht club. Stuart set an example with a commission which ventilated and resolved the long-standing rancor in the teaching fraternity. Redman and Broome were key figures. The public was satisfied at the end of the hearings. Let the current government do the same with the aforementioned real estate of beach front now being fought over.

    If the market value asking price is $24 million, we can understand the intensity the anger and cries of injustice despite medical problems coming from certain quarters. $20 million profit is nothing to walk away from without a fight right or wrong.


  14. I hired Ken Ward to survey my land. I had to get rid of him and hired Romel Best. Enough said.


  15. David, if you are referring to the ‘Old Eye Ward,’ John A is correct. I think there was a National Trust sign on the building when it housed the Welfare Department and National Assistance Board. It was abandoned by government, taken over by vagrants and subsequently fell into a state of disrepair.


  16. Me Kinch is not not has he ever asked $24,000,000

    The neighbors are the playground for politician and their friends no questions asked.

    Re Carlisle Bay and the accretion.

    1. As the Ag said you can’t have one law for the meads and another for the Persians.

    2. I remember reading somewhere that the Ombusmam back in the 1980s I think it was talking about Carlisle Bay and the accretion and something needed to be done in terms of its ownership.
    But people talk and don’t do.

    3 Hyatt’s site the accreted land goes to it as does the fish market and all others I know of.

    The thing is they can’t go back and change the law. At this link you will see George Payne saying the developer owns the land https://www.barbadosfairnessandtruth.com/post/relevant-videos-much-more-to-come
    His firm sold it to him. He talks about the laws need to change, but they have not done anything to make the change so the problem will likely come up again later down the road.


  17. @ David

    If you check the list of registered properties you will see the Old Eye Clinic is a Historic Property listed so with the National Trust as well. So lets take the old home of Tom Adam’s dad that fell into disrepair years back Tyrel Cot. It was always a historic property and still is regardless of its condition then and now. It was beautifully restored a few years back and also bears a National Trust plaque, as do some chattel house on the island.


  18. Enlighten me about Copacabana, which was up and running before this government. From what I read in the newspaper, Worthing Square like you have applied for retention. Neither you nor WS appear to have been closed down. In any event, WS is a car park without contentious land ownership issues. Coconut vendors do not erect permanent structures and are itinerant. I noticed you proposed a jetty, don’t they require an EIA. Are you confirming that no planning permission was given for Pirates Cove? No PR, I call BS when I see it.


  19. @Sara

    Copa is Bernie who is Worthing Court?


  20. @John A

    So many double standards on the island. We have too many protected national trust buildings that have fallen into disrepair and where is government’s defense to protect our heritage?

    By the way, what eventually happened to the Preservation of Antiquities and Relics Bill?


  21. https://fb.watch/n1NtOQL93L/. Watch and learn!
    PM Mottley Opened it

    https://www.caribjournal.com/2017/10/09/virgin-holidays-open-departure-beach-barbados/ Where do you think the bus is Parke din the image? Do you want more images?

    Read and Learn. Retention was for the building NOT the food trucks and in 2020 when this was applied for NO work had been done on the building

    1. Formal Application – 0528/06/2020B (Submitted)
    Applicant(s): SAVOY DEVELOPMENT LTD., COMPANY
    Agent: BAIN PLANNING AND DEVELOPMENT
    Address: BAY STREET, ST. MICHAEL
    Description: RETENTION OF ALTERATIONS TO AN EXISTING BUILDING, FORMATION OF PARKING AREA AND PLACEMENT OF TRAILERS, TRUCKS AND TENTS FOR FOOD VENDING(LIMITED LIFE)
    Coordinates:
    13.091568, -59.610322

    https://registers.townplanning.gov.bb/digital?q=%200528%2F06%2F2020b

    What permanent structured may I ask? Containers? Food trucks? Picnic benches? Umbrellas Tents?

    My eyes must be going bad because I did not notice the jetty built so Not sure why you mention an EIA FYI one was there already so one can be placed back. For the condos yes EIA should be required but The condo development just approved next to Yacht Club by this government did not have and EIA or Town Hall Meeting… Nor did the condos building near Pavillion court now that is less than 100ft from the sea. What do you have to say about that BS because surely if what I say and is going on at Savvy is BS are not these other things BS? And what about Liquidation centre acquired nocked down and fenced off and nothing happening …. is that also not BS


  22. ” Government is looking to enter a partnership with the Barbados Association of Retired Persons (BARP) to create communities for the elderly through the restoration of several derelict public buildings.”

    https://barbadostoday.bb/2023/09/13/govt-to-create-more-senior-citizens-villages/


  23. @ Enuff

    Taylor has already admitted Kinch developed the area without the required permission, because he ‘has bills and his ex-wife to pay.’


  24. @artax

    I never said he had his Ex Wife to pay.

    I said bills and land tax and I spoke about him being in a contentious divorce settlement


  25. @ David

    What ‘double standards’ are you referring to?

    Remember, not all historic properties are owned by the state.

    The buildings opposite the garrison, for example, are listed as protected historic properties and are owned by the state.

    Some were refurbished, while others remain in a state of disrepair.


  26. Just a tongue in cheek observation, a different way of looking at the impirical evidence before our eyes!!

    Ms. Mockley like an aged and thunderous Greta Thunberg, keeps harping on climate change and the danger it poses to sea level as the polar ice caps melt with the increasing temperature.

    However what is called accretion could also be caused by sea level fall, contrary to what Ms. Mockley insists is happening.

    Where is all this sand coming from … or where is all this water going to?


  27. @ Enuff on September 13, 2023 at 3:04 PM said:

    “Enlighten me about Copacabana, which was up and running before this government.”
    ++++++++++++++++++++++++++++++++++++++++++++++++++

    Why don’t you follow your own ‘impartial’ Town Planning advice and “enlighten” the BU family on the ‘whereabouts’ of that long-promised Hyatt hotel?

    What is there to show other than a paling of uglification offensive enough to attract the eyes of the UNESCO regulators of World Heritage sites?

    After all, there are no longer controversial issues surrounding this project since you have made sure that Hyatt project-along with its promoter MM, the chameleon- has turned from being the big bad wolf under the previous corrupt administration to the RED Riding Hood of the current class of crooks.

    Now who is going to eat the grandmother of all scams by telling us who sold the land to Marcus Mal-Money?

    MAM or Come-sing-along or even you, Enuff the Puff Prince Rasputin?


  28. @John

    You know what I was wondering the other day is what is the effect of all the man made islands in the sea… after all when you have a glass of water and you drop something in it the water level rises. There are over 300 artificial island in the world… surely that has some impact.


  29. @enuff
    How de RH could these folks be allowed to open Savvy withOUT permission?
    It was known to be contentious. MP Prescod took down the trees.
    It isn’t hidden away.
    And it opens and does a roaring business and doesn’t get closed?🤔
    Does the DPP have no enforcement staff?
    Or is this just the incompetence HalA used to speak of.
    And the powers to be had to know they were “pushing their buttons”?
    Maybe Kinch was acting “in trust” like the former admin of GoB 😂😂😂😂


  30. Do you how much the sea has retreated (or the sand has come in) on Bay Street?

    The politicians have to be beside themselves with envy!!

    The old adage that no new land is being made is blown to smithereens on Bay Street!!

    If you look at 1951 aerial photos and compare them with google earth photos you will see that landowners have had their lands increased several fold without spending one cent!!

    … and de foolish politicians trying to get us to believe that sea level is rising because of climate change.


  31. @ David

    Soddeen


  32. The properties under discussion is not “Beach Front”…the beach is behind the properties…from way back there were only rocks in that area…The properties ‘fronted ‘ on the public roads…e.g the old eye hospital which was one of the departments of the General Hospital. It is only since the build up of sand that the beach was created.


  33. John
    Surely you need a more complete analysis?
    As a boy I could walk from Paynes Bay along that coast. Now I can’t even get past the wall @RiRis fancy condo, at the north end of the Bay. And beyond is blocked too. In fact, all along that area, little beach in many places. They have constructed walkways upon big rocks where there used to be sand beaches.
    Same further north. Once I could walk from Gibbs Bay to Mullins along the beach. Not today. Ditto for Sandy Lane to Holetown.
    So some have gained, some have lost. Is there a net gain or loss?


  34. NorthernObserver
    on September 13, 2023 at 11:34 PM said:
    Rate This

    John
    Surely you need a more complete analysis?
    As a boy I could walk from Paynes Bay along that coast. Now I can’t even get past the wall @RiRis fancy condo, at the north end of the Bay. And beyond is blocked too. In fact, all along that area, little beach in many places. They have constructed walkways upon big rocks where there used to be sand beaches.
    Same further north. Once I could walk from Gibbs Bay to Mullins along the beach. Not today. Ditto for Sandy Lane to Holetown.
    So some have gained, some have lost. Is there a net gain or loss?

    +++++++++++++++++++++++++++++++++++++++++++++

    If “They have constructed walkways upon big rocks where there used to be sand beaches” has sea level fallen?

    The answer to my question from where did the sand appear may well be from West Coast Beaches but this then leaves the issue of sea level falling as another possibly empirical observation!!


  35. Maybe the sand was there along Bay Street under water all the time and just rose to the surface as sea level fell.

    Which would mean that the sand on West Coast Beaches has been swept into the Caribbean.

    So how would we know if that was a possibility?

    Well, lemme see if the 1951 aerial photos shed any light on the accretion of the beach or sea level fall.


  36. Well, here is Carlisle Bay as it appeared in December 1950.

    I am more sure that I can see the sand under the water!!

    https://ibb.co/dDT7Mjk


  37. So here’s what appears when some marking up of the image is done.

    https://ibb.co/6PmqW9N


  38. Can we make any predictions for the future?

    Will sea level continue to fall and expose more beach?

    … or will it rise according to Ms. Mockley and her Climate Change theories and reclaim the beach?

    Hers’s what it looks like on Google Earth.

    Looks like there is a lot more beach underwater from whence the current one came so if seal level falls, the landowners in the area could have acres added to their holdings.

    https://ibb.co/94wFd82


  39. Matthew 7:24-27
    King James Version
    24 Therefore whosoever heareth these sayings of mine, and doeth them, I will liken him unto a wise man, which built his house upon a rock:

    25 And the rain descended, and the floods came, and the winds blew, and beat upon that house; and it fell not: for it was founded upon a rock.

    26 And every one that heareth these sayings of mine, and doeth them not, shall be likened unto a foolish man, which built his house upon the sand:

    27 And the rain descended, and the floods came, and the winds blew, and beat upon that house; and it fell: and great was the fall of it.

    ++++++++++++++++++++++++++++++++++

    … verse 26 applies also to hotels!!

    Guess if you can build walkways on big rocks you can also build hotels on big rocks too and there will be big rocks under the sand.


  40. “A beach is a narrow, gently sloping strip of land that lies along the edge of an ocean, lake, or river. Materials such as sand, pebbles, rocks, and seashell fragments cover beaches.

    Most beach materials are the products of weathering and erosion. Over many years, water and wind wear away at the land.”

    ++++++++++++++++++++++++++++++++++++++++++++

    So, Hants if it is indeed sand that we see under water in Carlisle Bay, then it means that once upon a time, long, long ago, sea level was well distant from the Esplanade and “way” out in Carlisle Bay.

    The level has risen to be almost on Bay Street in my lifetime.

    I seem to remember in rough sea, waves were breaking close to Bay Street and there was sea spray on Bay Street.

    So, over the period of about a half century, sea level has receded to where it is today and exposed the former beach in all its glory.

    Will it continue to recede and contradict Miss Mockley’s and the thundering Greta Thunberg’s constant stupid harping on Climate Change?

    Sea level once was above Mount Hillaby.

    That’s why Barbados is a coral island. The coral grew under the sea until falling sea levels exposed it and it died.

    I got that piece of information from some seriously heavyweight geologists.

    So, when I used to hike all about Barbados, over fields and hills and moors and mountains and through gullies, I made a point of being able to identify where sea level stopped and caves formed.

    I can now read a contour map and pinpoint exactly where sea level stopped for a while from the shapes of gullies.


  41. .. and no, NO, sand from the west coast would not end up down south. The currents around the island split at east point, one current moves along the south coast and the other up the east coast.

    The two then travel down and up the west coast and meet at Holetown.

    It is more likely the sand in Carlisle Bay if it isn’t formed in situ comes from the South Coast and settles in Carlisle Bay where there would be an eddy given the shape of the island.


  42. @ John

    Thanks for sharing that picture of the beach or lack thereof, back in 1960 or so.

    My question is if that beach benefited from accretion would not the entire beach benefit equally as its in the same area?


  43. Miller

    I’m delighted to see that even with my scarcity on BU, I continue to live rent free in your head. My objective with respect to you remains ticked.


  44. @ John

    Sorry let me clarify my question. Lets say the rate of accretion from 2000 to 2020 was 35% on the area of beach stretching from lobster alive to the government carpark below the traffic lights on Bay Street, would not property A in that area benefit from the same 35% increase as property B next door?


  45. The reason I have asked is that all I have read on this topic speaks to it as one would view rainfall. So lets say a defined area had 4 inches of rain in 12 hours, then the houses in that area should all of had roughly 4 inches as well. But I only deal in numbers not these matters of the almighty.

    Can the above conclusion be confirmed by anyone with knowledge of such matters?

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