Planning board considers Little Cayman resort application

The Development Control Board, which oversees planning on the Sister Islands, last week heard an application for the land-side part of a $34 million beach resort for which the developers are also seeking a coastal works licence to build over-water bungalows in Little Cayman.

The Department of Environment, commenting on the application before the board, which focused solely on the land side, said the property’s owner, Peppercorn Investments, appeared to be dividing the project into two parts, so that a full review of its impact could be avoided. It recommended that the board refuse to grant planning permission, as the plan to build overwater bungalows is “fundamentally unacceptable due to its location” in a protected marine park.

On the land side, Peppercorn is seeking planning permission from the board to erect eight single and two-storey buildings, as well as a swimming pool, restaurant, bar, kitchen and wellness centre by the beach at the Sunset Cove site at Kingston Bight. The over-water part of the project, for which the company has submitted a coastal works application, involves building a 450-foot-long dock, along which would be built 19 one-bedroom bungalows.

Coastal works applications are decided upon by Cabinet.

According to the board’s agenda, following a meeting on 1 Aug. last year between the Department of Environment, Department of Planning, Ministry of Environment, Ministry of Planning and Crown counsel, it was decided that Peppercorn would be required to apply for planning permission for the entire development – overwater bungalows and land-based structures – on the basis that the Development and Planning Act (2021) defines land as including “land covered by water”, therefore making it a legal requirement for planning permission to be sought.

However, the developer argued that this requirement was “very unusual and [a] first of its kind stance” and appeared “to suggest an unlimited precedent is being set”. Peppercorn stated that it had included the over-water part of the project in the application as a “background information and reference”, and not officially as part of the planning application.

The board subsequently agreed to hear the application solely regarding the on-land part of the project, and Peppercorn, which is owned by William Maines, Matthew Wight and Naul Bodden, resubmitted the application without drawings relating to the over-water element.

The Department of Planning invited the Department of Environment to submit its comments, based on the new land-only version of the application.

In its comments, the DoE stated, “Should the Applicant withdraw the coastal works application, then the proposed approach of applying for the land-based development in isolation would be reasonable and appropriate. The approach taken by the Department of Planning does not allow a comprehensive review of consideration of the effects of the entire project.

“Fundamentally, the DoE does not consider that these new plans indicate a commitment from the Applicant to pursue a development of a land-based hotel resort only. The full project still includes overwater bungalows and approving this development is planning on a piece-meal basis. Trying to ‘slice up’ and separate parts of the project to avoid a comprehensive review of the likely impacts of the project as a whole is contrary to best practice.”

The DoE said it had reviewed the coastal works application and had recommended Cabinet refuse it.

It also recommended that the overwater element of project be considered by Cabinet before the planning board proceeds with considering the application for the land side.

“Should Cabinet be minded to grant approval, the in-water and land-based components should be screened for an EIA. In advance of this determination, the planning application should be held in abeyance,” the DoE said in its comments.

The planning board on Cayman Brac went ahead with the hearing on Thursday, 13 Jan. As of Monday, 17 Jan., the board’s decision had not been released.

There were also two objections from neighbours of the proposed resort.

Peter and Ronda Schmid said they were not satisfied with the information available thus far as it pertains to the handling of sewage from the proposed 19 cottages to be built over the water. They also raised concerns about the production of potable water for this development, saying they were “familiar with the unpleasant smell that is a by-product of the reverse osmosis process and this project is located upwind of our property”.

Daphne Hackley Johnson Berger, who owns a cottage nearby, in her written objections, said she was “vehemently opposed” to the construction of overwater buildings.

“South Hole Sound is the Queen’s Bottom — it belongs to none of us, which is to say that it belongs to all of us. But, truly, it belongs to the turtles, and the stingray and the bonefish, and the sharks — all of whom rely on this delicate ecosystem in order to flourish. It is this wildlife that must be preserved at all costs — not just for the sake of preserving nature and something that is beautiful and unspoiled, but also for the sake of preserving the very thing that attracts people from all around the world to Little Cayman — its pristine marine life,” she wrote.

She added, “It feels shortsighted to allow for the corruption of this habitat in order to suit one development.”