Gov’t begins South Sound Road land swap

Cabinet has not yet made a decision on the coastal works licence application for the proposed Emerald Sound development, but the National Roads Authority has initiated the process to enact one of the controversial aspects of the project, relocating South Sound Road.

Objectors and supporters of Emerald Sound have until 23 November to submit their concerns or kudos to the Roads Authority. On 23 and 30 September, the Roads Authority ran notices in the Compass about exchanging the public land now occupied by the road for land owned by developer Rene Hislop’s RC Estates Ltd.

Plans, concerns

In early August, the Central Planning Authority approved the planning application for the 91-acre development between Old Crewe Road and Bel Air Drive, which includes 81 houses, 160 apartments, the first network of canals outside of North Sound, a bridge and the relocation of South Sound Road some 30 to 75 feet inland.

The developer has indicated the existing South Sound Road would remain in place as a private access road for future homes on 22 seaside lots also owned by RC Estates.

The Protect South Sound group, organised in opposition to the proposed canal, dredging, road and bridgeworks, has filed an appeal of the Planning Authority’s decision with the Planning Appeals Tribunal, coalition member Berna Cummins said.

“They’re going to give government some land so they can increase the value of their lots. They claim they’re not going to touch it at this time, but they’re setting it all up for their future use,” she said.

Mrs. Cummins said the project should not be moving forward with the government without exhibiting engineering plans of the bridge or working out details such as who will pay for maintenance of the bridge, among other concerns.

Current status

The project’s chief architect Burns Conolly said the developer is working with architectural and engineering firms, as well as government agencies including the Roads Authority, Planning Department and Department of Environment, to satisfy the conditions of the planning application.

“We are currently working on logistical and technical details of the new road corridor including bridge, utility and storm water management design. The bridge design is underway and will be presented to the NRA in the near future,” he said.

While the inland aspects of the development have received approval from the Planning Authority, Cabinet is charged with considering whether or not to grant the developer a Coastal Works Licence regarding the coastal aspects of the development, such as the channel connecting the canal to the sea, and associated dredging of 0.7 acres of South Sound.

“The Coastal Works application has not been to Cabinet to date as we far as we know. The DoE has completed its comments on the application, which is only for an area 0.7 acres, dug to six feet deep and immediately offshore. We await the Cabinet’s review in the future,” Mr. Conolly said.

Sheila Watler, Ministry of Environment Policy Officer, confirmed Thursday that Cabinet had not yet made a determination on the Emerald Sound application.

Land swap

The Roads Law grants the Roads Authority the power to swap land in order to relocate a road, without needing Cabinet approval. According to the Law: “The Roads Authority may, for the purpose of adjusting the boundaries of a road, enter into agreement with the owner of any land the boundaries of which adjoin or lie near to the road, providing for the exchange of any such land for land on which the road is situated with or without payment by either party of money for equality of exchange.”

The Roads Authority or the landowner would be responsible for paying the difference in the valuations of the land; however, in this case it has been deemed that the public land under the 2,300-feet stretch of South Sound Road “would be exchanged for no less than an equivalent amount of land” owned by the developer, so no money will change hands.

“The developer is exchanging slightly more land than receiving and also raising the main road from 3 feet above sea level to 6 feet above sea level. We are currently awaiting the conclusion of this process,” Mr. Conolly said.

Mrs. Cummins disputed that, saying her group is concerned the proposed land swap is not equitable, and the developer is receiving significantly more than he is giving up.

According to the Law, the Roads Authority cannot enter into an agreement until two months after a public notice was first published. The Roads Authority must take into account representations made by people who will be affected by the proposal.