South Sound damage revealed
(CNS): Two aerial photographs have revealed the extent to which a developer has reclaimed land for a residential development on the waterfront in South Sound, despite concerns that planning permission was given in error. Landowner Rene Hislop under RC Holdings was granted permission to move an approved seawall 50 feet south, re-claiming around 2,000 additional feet from the ocean, which the former chief surveyor, Alister Ayres, says was down to an incorrect interpretation of the land survey regulations presented to the CPA when the developer made his application. The director of the Department of Environment (DoE) has also noted that sea boundaries cannot be fixed.
Meanwhile, campaigners from the group Protect South Sound (PSS), who are still waiting on an appeal to be heard, are concerned about the precedent that this has set, threatening the entire country’s coastline. The land reclamation began last year, despite the appeal and the concerns that the CPA has misunderstood and therefore misinterpreted the law.
Ayres explained that the land survey regulations state clearly where an individual is legally allowed to develop their land
“Section 28 of the regulations state that where a parcel of land is bound by the sea, its seaward boundary shall be the high water mark, being the line of median high tide between ordinary spring and neap tides which is subject to constant change,” the expert said. But campaigners say that because the developer was wrongly granted permission in an area which was also part of a DoE project, funded by the UK to replace mangrove lost in Hurricane Ivan, the pristine marine environment is now under concrete and fill, as demonstrated in the pictures.
Despite multiple concerns being raised, not just by the residents but the DoE and other experts, coastal areas such Seven Mile Beach or Rum Point could be under threat where many developers would like to reclaim more ocean front land. The PSS group said this has set “a frightening precedent that may allow land owners along Cayman’s entire coastline to build out to sea far further than the law actually permits”.
“The Central Planning Authority’s decision to give RC Holdings approval violated numerous aspects of the development & Planning Law and Regulations and the Land Surveyors Law,” campaigners said. Even though the Protect South Sound group managed to obtained an injunction to stop the developer from carrying out his plans, the appeal has been a long time in the waiting and the injunction has been lifted. As a result, while the campaigners wait and wait for the appeal tribunal to be convened, work has been steadily taking place to fill the area of land in readiness to build properties all along his South Sound land.
As well as the concerns raised by Ayres, the Department of Environment is also extremely concerned thatthe CPA allowed this reclamation based on a misunderstanding of what is in the law. In part (3) of section 28 it states: “If, at the time a survey is carried out, any part of the shoreline of a parcel is comprised of mangrove trees standing in the water or at the water’s edge, the high water mark shall be the edge of the mangrove vegetation.”
In Hislop’s application to develop his South Sound property, it was argued that his development could take place up to the boundary of his property as defined in a 1999 survey, which had at the time included the mangrove buffer. Since the mangrove buffer is no longer part of the property, critics of the ruling argued that the developer had no right to continue to develop to the boundary that no longer exists.
Lawyers for the developer successfully argued that the developer could go beyond that mark because of a 1999 survey, which was a ‘fixed boundary survey’.
The director of the DoE explained, however, that the word "fixed" in such a survey refers to the sophisticated equipment to measure the precise boundaries of the land surveyed in relation to other boundaries, not that the coastal boundary was or ever could be "fixed".
“The survey plans in question even shows quite clearly the seaward boundaries delineated in blue and that such boundaries were adopted from a General Boundary Survey that shows clearly the seaward boundary is anything but ‘fixed’,” DoE Director Gina Ebanks-Petrie said. “It has always been a generally accepted principle that coastal boundaries cannot be fixed.”
Despite submitting their concerns at the time, as has been customary when it comes to submissions from the DoE, the CPA simply ignored them.
Protect South Sound immediately filed an appeal against what they believe is an erroneous decision to have the case against the development heard, but the Tribunal has not convened under the new government. Campaigners say that while their appeal lies on a desk somewhere, part of South Sound continues to be “filled, apparently against the law, continuing to negatively impact the marine environment with every layer of fill that is dumped into the ocean.” They also point to the possible surge of developers that could use this ruling to reclaim coastal land for development anywhere on island, seriously threatening the already fragile marine environment.
Although the National Conservation Law has now been published ahead of its planned debate in the Legislative Assembly next month, the legislation that will force the CPA to consider environmental issues with equal weight as currently given to economic and social issues, the law comes too late to prevent the damage to the marine environment in South Sound.
Category: Science and Nature
Todays CPA is a joke! They are mostly contractors, builders, suppliers of building material, or others connected with the building / development trades. And some in our government are partners and/or shareholders in some of these projects, but have never or ever will declare their involvement in these companies.
It's called corruption every-place else, but in Cayman it's called helping your friend or business partner. Which is spelled with a little"c" because they don't see it as the "CORRUPTION" it is!
There are dozens of development and construction companies, its not really competition when you own and develop your own land. When you go and bid on a different project that's another story, but don't try to distract from the real subject.
Land Surveyors
Well I got to see a bit of what Martin Keeley was trying to talk about on DTV program from gov't. I think he's trying to say to all the people whoever you are not to build anywhere near water. If there is or WAS any swamp,wetland not to build a sea wall because its going to have sea water higher then the wall . He says the sea level is rising. The reef balls could never work no where they have ever tried because it needs nutrients for it to grow.
So the solution is…………………..You need to be on higher land. OK , so higher land is rock, soil, limestone mixed with sand , water and a cement which comes from the earth right? It doesn't come from martians on Mars right? So if we want to live near the water that we have bought or inherited we NEED to go up. So for all the people that haven't seen Rome and other places around the world that solved their problem. Some countries have used fill and cement.
The property needs to go higher then the sea level rise simple. So simple we don't need to be stupid about it. Fill the property to at least 8 feet above the sea. When the sea rises another 8 feet raises higher by another 8 feet.
Some years ago there was a man from I believe it was oaklahoma and he wanted to build a island where there was none. Remember utopia? Couldn't get countries to give him the power to become a country because he was going to allow its citizens no taxes. He was building it out of steel like off shore oil rigs.
Except it was going to have airports ,hotels ,towns, residences ,piers and 120 miles to the west of grand cayman .
So Martin Keeley has said that for the natural swamp or wetland to come back Everything from the sea going back to at least 150 ft. he thinks will bring back the mangroves in south sound . All in favor start your bull dozer?? Maybe just do the right thing and sell because only the arawak indians had it right. Hurricane came in blew the roof off . Wait till wind stops look for roof and put it back on. No need for house insurance or construction workers or heavy equipment. Sounds great we won't need banks either. First thing I'll do is go naked cause we can save on that too. Sounds great no need to work just eat and be merry.
But of course if you don't agree then we could try the other idea build it and they will come.
Customers should move their bank accounts from any bank that finances this development.
Do not be silly!
This is an interesting place to reclaim land as it on the southside of the island and if any remember just 9 years ago when Hurricane Ivan came by and send storm surge flooding through this area with up to 5-00 of standing water in Mary Reid Cres.
Plus the current planning allow you to develop with 50 foot set back with ironshore and other places with 75' so with the current layout of the road it looks like an expensive exercise for not really gaining anything.
The other issue that this developer will face is insurance due to raising sea level from global climate change thus increasing flooding damage and therefore insurance costs for building here.
Internationally is it recogonised that coastal boundries move with time, some increase and so errode so no sure how a fixed boundry applies to coastal lots here but mother nature does not respect coastal fixed boundries even if local lawyers do and so only time will tell if this filled land exists in 50 years time or is just a momentary dream of a wealthy man.
Sam, you miss a few points here…1) the mangroves in Ivan did not protect the properties behind them….2) the flood level across the island never exceeded 7.5 feet…this property is filled to that height…3)setbacks are there as you point out but now they have a backyard and protection from waves….4)global climate change???..just buzz words.
Global climate change and rising sea levels are two different issues. No one can argue that global warming is occurring – because it is – but the question is whether it's a result of man-made carbon dioxide emmisions or by the earth's natural climate cycles. Rising sea levels is happening no matter where you stand on global warming. It's a fact and low lying coastal areas are at greater risk because of this. To deny this is ignorant.
12:01, the flood level never exceded 7.5ft during Ivan?
I assume you are referring to "sitting water", i.e. the water that did not recede back into the sea when Cayman completely disappeared of all radar and satellites worldwide for hours?
Cause anyone who was actually here during Ivan knows full well that we very nearly drowned. When water makes it to the second floor of a building, it's gone beyond the 7.5ft mark pal.
Stop spouting BS for your developer friend / family. If you noticed the only people for this are you guys, everyonie else is sick of your bullsh*t.
Maybe, if Rennie is such a stand up guy and he really cares, he could get off his high horse and address the pissed off neighbours.
Will it be a selling point for the people dumb enough to build on that land that every man and his dog in South Sound is against this project? How do you brush off all the signs along the road to a potential customer, blindfold them until they reach the plot of land?
His silence is a slap in the face to all of us who were born here and have lived in South Sound long enough to know that land never existed. I grew up fishing that very area (30+ years) so you stop with all your lies.
Not that I really care about the topic of this argument, but Ivan's storm surge didn't go too much beyond 7.5 feet. The official NOAA report on Ivan puts it at 8-10 feet. The ECLAC report also put the peak at 10 feet at 5am on Sunday. Interestingly, I was in an apartment less than 1/4 mile away from Rene's development and less than 1/8 miles from the sea. Storm surge inside the ground floor apartments went just above kitchen counter level, or about 38". The surge was probably about a half foot higher in the lower part of the development. Further up South Sound, some beachfront houses didn't receive ANY storm surge waters because of the coastal ridge. However, places right across the street got the same 36" – 42" storm surge that Sunrise got.
On an average house, the second storey would start at around 12 feet when the height of the foundation is considered. I'm not sure where you were in South Sound that you experienced storm surge higher than was even reported to NOAA or ECLAC, or that was witnessed by other in South Sound areas, but this sounds a bit like the story of the fish I caught 10 years ago.
The bottom line is, much of Grand Cayman received severe storm surge, whether it was coastal or inland, all depending on where it was and the heighth above sea level. The mangroves did absolutely nothing to prevent storm surge, so that destroyed that commonly accepted myth. What mangroves should do is help prevent erosion, but it didn't do that in South Sound, probably because of the length of the storm with Ivan. If another Ivan comes, and it will eventually, homes will get wiped out by storm surge on Grand Cayman again, no mater where they are. The best, and really only, protection is heighth.
So, (a) your original claim about the storm surge you now recant. But we're supposed to believe anything else you claim about mangroves.
(b) Having looked at other parts of Cayman where the mangrove was much deeper and the buildings behind the mangroves came through fine (re storm surge) but the neighbouring developments built where the mangroves had been didn't (boats in their yards that the mangroves stopped was a dramatic example) we have seen that mangroves work as storm protection. That South Sound had already passed the point of no protection with the loss of their mangroves.
(c) You are correct, however, that protection is relative. Mangroves are great for dulling the rush of the water through them. The only protection from the height of the flood, however, is height. What we saw was two relatively equally high developments, one where the homes got badly flooded because of the force of the storm surge and one where it wasn't as bad because the water had less force behind it. In short, the mangroves worked as storm protection. (They even provided some wind protection, but that was mostly just to the few single story buildings. Two stories and your roof is above the treeline so you're again beyond natural help.)
Apparently a ratio of 30 mangroves/100sq. metres makes a significant difference.
http://www.smh.com.au/business/carbon-economy/mangrove-plantings-helped-limit-typhoon-damage-20131120-2xu06.html
Another thing 12:01, just becasue mangroves did not protect the properties does not mean you can go and fill them in, you are building in a REPLENISHMENT ZONE and nursery for fish and animals in South Sound, f**king respect that.
A family I know had to go to the first floor of their townhouse as their ground floor was completely and I mean COMPLETELY, flooded. Standing water cannot be compared to coastal surges which can go much higher. You are just trolling for support for your developer friend.
Buzz words indeed. Not sure how many years it will take but eventually people will not be saying crap like global warming is a buzz word. They will deny having ever said it. Ta ta and don't misplace your Wellies.
Have a look on Facebook and you will see where these pictures came from. I find it strange that the spokesperson for the group trying to save South Sound also happens to be the wife of the developers competition. Strange!!!!
There are dozens of development and construction companies, its not really competition when you own and develop your own land. When you go and bid on a different project that's another story, but don't try to distract from the real subject.
There are standards my friend.
This group is not against development, developers or real estate – it is against irresponsible and reckless development.
When you know you are in the wrong but do not want to admit it, it is always best to attack the messenger to muddy the waters. You see it in politics all the time.
There are many decisions taken by the CPA that appear to contravene the regulations under which they operate. The planning laws are supposed to be reviewed every five years, but even this simple regulation has been adhered to by past governments only once since 1977, along with many other regulations they find inconvenient, and the CPA is no different, in my opinion. To challenge either entity in the courts would take a boatload of money, and most people are reluctant to put so much at risk. I believe things will change for the better under this government, but unfortunately, bad decisions become bad precedents, and have negative consequences for many years. The fact that this filling-in of the sandy beach in South Sound has taken place before the appeal has been heard, makes a mockery of the system.
It is never enough. Always more and more and more.
What we need is a channel from the north sound to south sound or north sound to SMB. It would so drastically improve the boating life in Cayman. Likely even save lives. But who cares about the lives of man when the lives of the mangroves are so important.
Ignorance is not an opinion.
"The foolish man built his house upon the sand". Or is it going to be upon the marl?
Don't worry. Mother Nature always wins.
If everybody start doing that you’re gonna shift a lot of sand. Let’s reason a minute and think about the erosion will be towards the West for certain. What if it erodes where to road is close to the sea, then what ? Please pass that ConservatIion ASAP.
So where is all that fill coming from? Across the road or from other quarries?
One of Cayman's own 'sons of the soil' doing this to our environment!
Welcome to CaymanKind.
I don't see what he did so wrong, this was his documented land, give the man a break, don't they do this sort of stuff in other parts of the island as well, if I had lost that much land as is visable that he is claiming back I'd be doing the same thing too, that is way too much land on the coastline to just be leaving behind as a developer.
You sound like a troll. I hope no one buys that barren land from him. The "land" must be extremely unstable and prone to wash away at the next hurricane….BUYER BEWARE.
It was not his land. And it was not land. It was water with mangroves growing in it. Prior planning approvals required him to retain and protect the outer 50 ft of coastal mangroves along the coastal properties.
NO MANGROVES…hurricane took them away!!!!
Replanted by international agencies – then buried with marl!
go check google earth. They have historical pictures there you can see that the mangroves never washed away and that this development was a huge disaster.
I'm not at all surprised! Think of this! The Planning Authority is made up mostly of people in the Building Trades.
Building Material Suppliers, Contractors, Architects, Developers, And others.
If we are ever to get a grip on the blatant destruction of our most important natural assets, we must not continue handing out building permits based on who is the developer or other such ridiculous reasons. And, until we start selecting persons who are knowledgeable in the field of the planning procedures, and who will give approvals based on our Development Plan and the Law, we will continue to see approvals such as these kinds.
So I say to those in Government who make these appointments, if you truly care, make sure that those persons whom you select truly understand the dangers of rapid, uncontrolled development, and are knowledgeable in our Planning Laws & Procedures.
Based on our what? We do not have an up to date Development Plan. The powers that be over the last few administrations have not seen the need for a current plan. The plan is about making the Developers happy regardless of the environment or the will of the people, or what is right.
Short term greed usually trumps long term pain.
The head of the CP Board needs to be removed as clearly there is conflict of interest being the owner of the largest hardware store in the country. XXX I hope Minister Panton will see to it that this particular Board is cleaned up to consist of only persons who have a genuine interest in Cayman and sustainable development, not persons who are connected to construction in any shape or form XXXX
The sad truth is that without intervention from man, the sea will eventually claim all of Cayman. With global warming and the sea rising you will have to reclaim land to keep Caymn from sinking into the sea…I don't think that land owners should be stopped from reclaiming land lost to the see in storms or erosion..Only those who don't own land on the sea feel this way..
Global warming is a farce.
wow so you think there has never been an ice age?
BS. I own land at Rum point and don't feel the desire to fill out into the water. It would look as shitty as this land in south sound now does.
Don't know where your land is but if it's west of Rum Point it's already on filled land !
I find it amazing that you can "reclaim land" which was never land in the first place. And do you seriously expect the CPA to do anything environmentally friendly whern there is NO environmental or ecological individual or agency represented on the board. It has been thus for many years now. After all, if you want to develop without any environmental "hindrance" then make sure your board is stacked with real estate interests. No problem.
PPM and every member of CPA is responsible for this mess. Disgraceful and complete negligence by all concerned.
XXXXX
What a Moron, this was UDP and Mackeeva's government and boards that approved this. Get your facts straight
Yes and if the PPM had acted when they were elected in May to STOP this, it would have been nipped in the bud….but, where is the PPM on this? Let's hear from you
23:26, we got rid of the UDP in the last election, can we now get rid of the last few UDP supporters who still feel the need to spout absolute bollocks on CNS?
When Mac got back in office he basically told the CPA approve everything we need development. Now that PPM is in charge they have left the Chair in place but I guess not given him different instructions. Until they do we will see the same kinds of decisions made as this one, made under the UDP.
We need people who can look at the realities of the projects and the laws and logical choices. Not just "pro- developer/construction related choices.
Right now we do not have a mix.
Previous Govt had this all cooked up. This was not started since May 13 Caymanian people this has been on going for several years. A truly feed up Caymanian,
Ah, so is that why the current has changed & washed away loads of sand from the cemetary area of South Sound?
Nothing to do with it silly….cemetry beach is a point of sand in a current….it WILL move. This project is so far away and so sheltered it is completely and technically impossible to impact this area.
While I agree with you that the cemetery beach movement in South Sound is mostly unrelated to currents in the Red Bay end I don't think you can really say that the two areas are two far apart, much less too sheltered, that activities in Red Bay woudl be "completely and techincally inpossible to impact the Cemetery. The impact might be small but the danger is that the cumulative impact, as others follow Rene's lead (or he does more work himself – Emerald Sound anyone), could have unforseen consequences ifthis sort of coastal development is allowed to continue.
You know you really have to wonder why this gets so much attention. Anyone who lives in most areas of the island has trampled mangrove;
– Tropical Gardens
– Snug Harbour
– Crystal Harbour
– Brittannia
– Camana Bay
– Grand Harbour
– Sunrise
– Mangrove Pointe
– Prospect
– Patricks Island
– Marina Drive
– Selkirk Drive
If we don't reclaim land we really have to figure out where we will put our population.
LOL. We are long way of that being a problem. Cayman is pretty sparsely populated.
Environmental Change
I think you missed quite a few residential areas.
Cayman is one huge swamp. Almost every home and residential area is built on filled in wetland. 50 years ago even the 7-mile public beach was swamp and every inch of land east of the beach road was wet black and red mangrove swamp.
In those days the Island was infested with mosquitoes so thick that you scrap a handful off of a bare arm. It wasn’t until the swamps were channeled and corrugated with dike roads and major dredging and filling was undertaken that we began to get the mosquito problem under control and enable real-estate development to begin. We still have a way to go to eradicate the mosquito problem.
In the areas that were not underwater we mostly had iron-shore and native bush-land. These areas where filled and bulldozed and developed. Almost all the indigenous plants were removed and replaced with imported topical foreign plant species. Somewhere along the way we imported the green iguana that, with wild yard foul, now overrun the entire island. Not indigenous at all.
Cayman is definitely prettier now then 50 years ago. Soon it will have no mosquitoes and it will look like a beautiful tropical Island from the Pacific.
I don’t know about the rest of the population in Cayman but I appreciate the changes that have happened since I came here 46 years ago and I look forward to seeing more of them, a lot more of them. We can’t and we shouldn’t stop development and we should be more creative with design of future projects.
I firmly believe that we need to go forward with the integration of more shore and water related facilities. I’d like to see more homes, restaurants and docks build on or even over the water’s edge. Change doesn’t always mean destruction and it is not necessarily wrong, but it is change.
Before you “cast the first stone” look to your own yard and see what you live on and what plants you have and what you walk on. Your beautiful green grass is not indigenous to Cayman either. It’s very likely that all of the landscaping and fertilizer and pesticides that keep your yard beautiful are doing more damage to the environment then most of the causes that you are critical of.
I for one wouldn’t want to return to the mosquito days no matter how natural they were. I think you missed quite a few residential areas.
Where else have you seen anyone fill in so much of the sea. This is NOT someone trampling the mangroves my dear. Don't be naive.
He filled in his FIXED BOUNDARY LOTS….not the sea….yes some of his land was under water but that is not unlike someone filling in some swamp somewhere which is under water.
I agree but you have to realise that South Sound is largely populated by millionaires who subscribe to the mantra "not in my backyard"… essentially they don't give a rat's @rse what you do with the rest of the island but woe betide anyone who wishes to develop South Sound…
Yeah let's move the dump to south sound.
One large and overlooked fact here….Mr. Hislop only filled in the lots he had titled to…he did not fill in ANY of South Sound!! That seaside subdivision was done and registered 10 years ago.
Thats the truth but this is Cayman. The island that lives on lies and missinformation. Watch as no one cares woth the truth is. He is wrong and they are right.
Sad, but oh so true. I'm not sure if it's because people are just too gullible around here, or if they're just haters who don't want to reason for themselves, but I have never seen a place where lies are spread publicly more than here and then so easily accepted as the truth. It's as ifpeople want to believe anything they hear or read, no matter how ridiculous, as long as they get to complain about something or someone. It's kind of scary actually because if a militant ever starts spreading lies in a place like Cayman, a lot of people could get hurt.
BS.That so called land that his huge house is sitting on used to a big area of mangroves and was filled over time with marl being pushed out into the water killing ALL the mangroves that were there since I can remember This has been a replenishment zone since 1985.Who gave him permission to do that?Probably the cabinet of the day.but regardless this should not have been allowed and from what I can gather today the filling of that huge area(about 5-7ft above sea level)was also done by mistake by someone in Lands and Survey?Nature will deal with all this in her own time.
For your information the LAND LAW states that your seaside boundary goes to the OUTER EDGE OF THE MANGROVES!!…..ITS THE MAN'S LAND!
How many mangroves do you see in the area where he pushed that marl?
Ironically, the Director of Planning or his/her nominee from the Department will have one of the 13 seats on the new National Conservation Council. The Council decisions can still be over-ridden by Cabinet, even as written in the new Bill.
And more to teh point the CPA aren't bound by the recomendations. They just have to 'consider' them.
what damage???
Notice you won't get an actual answer to this question. However, the damage being caused in the North Sound is SIGNIFICANT. Has anyone but me noticed that the once blue north sound is now mostly green? Where are all the environmentalists?
That green is coming from the GARBAGE DUMP!!!…time to move it.
That never ceases to amaze me. The ONE thing the environmentalists should be united about is dealing with the GT Landfill, but instead, they fight against relatively small developments, the moving of West Bay Road, roads that will take out a tiny corner of a hardy seen ironwood forest and how high the condos are going on Seven Mile Beach. Ulimately, there are virtually no true environmentalists here, just about of loud whiners with self-interets.
I dont see any of you snorkeling out there…
Grave mistake by the CPA indeed, however Mother Nature will not make a mistake and the sooner the better, for those who have no respect for the environment the ultimate price will be paid. The beach at the Marriott should serve as an example of man's error and nature's justice. Keep on messing with the environment and pretty soon we will live to regret it big time.
This is simply an example of appalling lack of respect for the South Sound marine environment by the developer, and a case of gross neglect by the government. XXX
"Gross neglect by the government" does seem to sum this up!
Al T Thomson needs to be removed from the board. It is a direct conflict of interest that he should be given decisions concerning any construction projects.
Hislop should be ordered to pay environmental impact fees and be prosecuted for the damage he has done to the replenishment zone.
You guys are missing the biggest point here…NO MANGROVES are protected ANYWHERE in the Cayman Islands except in the North Sound.
Also…Rene merely filled in the area that was described as HIS LANDS, his block and parcels though Lands & Survey system…He never went into the south sound as everyone thinks…
Lets get our facts correct here….
If you checked your facts you would know that already destroying mangroves anywhere in a marine park can incur a $500K fine. That applies to South Sound too.
Is it triple for a Replenishment Zone? Because that is what he is filling in, not a Marine Park, a f**king Replenishment Zone.
I guess he doesn't want his grand kids enjoying conch, lobster and fish when they grow up.
Don't worry, once the National Conservation Law is passed the CPA won't be making any decisions…
..and I hope we get enough development to get paid on friday and eat!! I just do not I will like the taste of Mangrove soup.
Well I am sure Rene would rather do the right thing than make some more money . . .
Berthing for one cruise ship almost completed. All left to do now is bulkhead it and dredge a channel in for cruise ships to use it, after all its crown (Government) land anyway. Sell the fill from the dredging operation and hell we'll make money building this pier instead of it costing us $100million.
You don't know what youare talking about.
And how re the ships going to turn around if it is as simple as you think!?
How is it crown land? Please explain I thought the land was his.