Warwick Long Bay Beach Bar Plan Quashed in Court

(05/08/10) Bernews.com

Supreme Court Quashes Beach Bar Decision

Yesterday [Aug 4] in Supreme Court, Justice Ian Kawaley in a historic ruling quashed Environment Minister Glen Blakeney’s decision allow a beach bar to be built on Warwick Long Bay.

The Minister’s decision came after the Development Applications Board refused the application, and several experts including an Independent Planning Inspector brought in to advise the Minister are said to have advised against allowing the beach bar for environmental and related reasons.

The Bermuda Environmental and Sustainability Taskforce (BEST) joined with neighbours and other concerned citizens and launched a campaign to save Warwick Long Bay, with a public meeting, a demonstration at the site, a letter-writing campaign and a paper and online petition that gathered thousands of signatures. BEST asked the Courts for a Judicial Review of the Minister’s decision.

Yesterday’s ruling is the culmination of a campaign lasting almost two-and-a-half years.

BEST Chairman, Mr. Stuart Hayward, was jubilant on hearing the news. “This is indeed a celebratory moment.” He said. “After months and months of government delays, the case finally made it into Court and, after hearing our opening arguments presented by Barrister Tim Marshall of MDM, the government capitulated without offering any evidence.”

Mr. Hayward said that of all the public beaches in Bermuda, Warwick Long Bay is the most unspoiled and one of the most sensitive. “Warwick Long Bay is the one beach that has the best chance of showcasing Bermuda in its natural state. Parks legislation was introduced in Bermuda specifically to preserve some areas from commercial encroachment. And while several of Bermuda’s public beaches have succumbed to the pressures of commercialization, this ruling holds the line at Warwick Long Bay.”

Mr Hayward believes this is the first time a Cabinet Minister’s discretionary decision has been successfully challenged in Bermuda’s Courts. “While the Environment Minister has wide discretionary powers in Planning matters,” Mr. Hayward said, ” “there is a legitimate expectation that he will exercise that discretion in a manner that is reasoned, fair and unbiased. But if he gives only superficial reasons or no reasons at all, as was the case here, the public has no way to know whether his decision was reasoned or based merely on a whim.”

“This case and its result gives the Bermuda public an assurance that there are legal remedies when citizens’ rights are trampled by arbitrary or unreasoned decisions by government Ministers. The neighbours of Warwick Long Bay who originally launched this campaign are now vindicated. Their actions to preserve public parklands have borne fruit. And all those visitors and locals who signed the petition and wrote letters to halt the commercialisation of one of the Island’s most pristine public beaches can take comfort that their efforts were not in vain.”

Dr Katherine Michelmore of the Bermuda Democratic Alliance said “I have just learned that the Attorney General’s Chambers have withdrawn their opposition to the BEST Warwick Long Bay Appeal. The Judge has ruled in favour of the the Department of Planning’s original decision to prevent the development of the beach bar. Congratulations to Stuart Hayward and BEST, and to their legal team.
A success for… the community and for the preservation of open space in Bermuda!”

(http://bernews.com/2010/08/supreme-court-quashes-beach-bar-decision/)

BEST Research: Sustainable Tourism Development

In May of this year, Junior Minister of Tourism Senator Marc Bean attended the eleventh annual Caribbean Conference on Sustainable Tourism Development (STC-11).  During this event, Bermuda was confirmed as host of the 12^th Annual Conference (STC-12) next year.  Following Senator Bean’s report that the recent conference was “very productive and proved to be a success,” the Bermuda Environmental & Sustainability Taskforce (BEST) decided to investigate some of the ideas coming out of STC-11 and their relevance to Bermuda.  BEST believes that sustainability is a most important principle in tourism and, as a consequence, has a particular interest in the topic.

Read more: BEST Research: Sustainable Tourism Development

The Grand Atlantic Development

The Grand Atlantic construction scheme, a combination of hotel and
so-called “affordable housing, still has many issues of concern for   area
residents and environmental watchdogs. Chief among the concerns is the
instability of the cliff-face and the potential for serious erosion,
particularly in light of the findings the Coastal Erosion Report   that a)
the coast should be protected from inappropriate development, b) the
natural appearance of the coast should be retained as much as   possible
and c) coastline construction should be discouraged in high-risk erosion
areas.

Along with a number of area residents, BEST submitted a letter of
objection to the Development Applications Board (DAB) expressing the
following :

The issues off concern are:

1) the density of the development these lots
will enable and related density issues of traffic and social;

2) mixing of housing and tourism units competing for the same   amenities;

3) coastline development, and such development on what we understand   to
be an unstable substrate that may require extensive excavation and
concrete fill;

4) possible encroachment on areas with Woodland Reserve and Coastal
Reserve protections.

As this application is a stated single step in an ongoing yet
unspecified scheme, it would seem prudent and duly diligent of the DAB to
have foreknowledge of what is being planned down the road so as to not be
in the position of having given an expectation of further approvals by
issuing this one.

We believe this is an example of where an environmental impact
assessment should be required on the entire "scheme" prior to any aspect
being evaluated or given approval.

These arguments are still valid and have not been addressed. They were
taken out of the hands of the DAB and essentially suppressed when the
Minister issued a Special Development Order (SDO), the first of two
issued for this development.

To the best of our knowledge, no Environmental Impact Assessment   (EIA)
was called for or done, in violation of the Environment Charter the
government signed on to in 2003, clause 4 of which states “The government
of   Bermuda will ... assure that environmental impact assessments are
undertaken   before approving major projects and while developing our
growth management strategy”

The issuance of an SDO effectively shut down any opportunity the   public
might have had to have their concerns aired and considered. Because   the
Minister is not required to give reasons for his/her decision, nor   even
to say what facts or concerns he/she took into consideration, the SDO
process as it is currently practiced short-circuits the development
applications process and negates the consultative aspect enshrined in the
DAB’s functioning.

At a March 25th 2010 meeting hosted by Hon Alex Scott and Hon Eugene
Blakeney for Warwick SE to introduce the project, about 30   constituents
tabled their concerns and questions about the Development. These
included:

* Scale & density of the project in an already densely populated   part of
Warwick (only Pembroke is more densely populated than Warwick)  The
Residential segment of the scheme entails 125 units at the Western   end
(by Dunscombe Road)  To get an idea of the scale, this development would
be 25% bigger than the 90 + units at Loughlands.  It will be more than
twice the number of units at the nearby Whale Watch development (61 units)!

* The visual impact of up to 15 three-storey units on Bermuda’s
foreshore, and with minimal set-back from the heavily traveled South Shore
Road   (there are no other condominium developments along this stretch
with 3   storeys).

* The 6 storey hotel will be built right behind the South Shore gas
station, which is not being moved. Residents at the meeting   questioned
this location so close to a busy gas station.  While it will not be a 5
star hotel, there was concern about mixing a high density Housing Corp.
development with a tourism product. There was no mention of the   hotel
group which has been selected to manage this property and, with the
residential segment starting first, there was the concern that the hotel
will   not be built in the end, as has happened at Flatts.

* Traffic.  Minister Blakeney assured the group that W&E will be   able to
widen the road and install traffic lights if needed.  Bermudians   need to
consider now the impact of urbanization!

* The right of way for Tribe Rd #2 for access to the beach was also
mentioned.

* Safety concerns were also voiced about a development of this size
being built along the cliff face, which is close to 80’ high at that point.

As the Premier highlighted in a recent TV interview, erosion along
Bermuda’s coastline is a real concern for Bermuda, and the entire   South
Shore is vulnerable. This segment of South Shore has visibly eroded   since
Fabian.  A soft vein of sand near the base of the cliff has hollowed   out
the cliff in many places, and sections of earlier development
(eg.staircases) have  already fallen victim to this.  There are   doubts
that even a 50’ set back will be sufficient.

Also, he recently held Caribbean Sustainable Tourism Conference
highlighted the need for each destination to focus on its uniqueness,
preserve or enhance the aesthetics of the area, incorporate strategies that
preserve the environment and to maximise benefits to the environment whilst
minimizing negative impacts. We are unable to see how this development fits
in with any reasonable concept of sustainable tourism.

Finally, given that over the years Bermuda has managed to preserve and
protect its coastline from encroachment by random developers, it is
ironic that is it now Government spurring a development of this scale right
on the coastline, on land zoned for tourism/woodland reserve.

World Environmental Day

World Environment Day, Saturday June 5th, is an opportunity for citizens around the globe to begin or continue to recognize, repair and rebuild damage to the global environment. This means modifying our actions to cause the least amount of harm to our environment and working together to strengthen global environmental health.

It means moving beyond merely using the words "environmentally friendly" and "sustainable" to incorporating those principles in daily life at home, at school, at work, whether on-Island or abroad.

It means contemplating giving greater value to quality of life, then taking steps to become exponents of a quality-based lifestyle versus a quantity-based one.

Specifically for Bermuda this means:
o     Reducing waste: Residents in Bermuda produce more waste, per capita, than just about anywhere else on the planet. From consumers to retailers to wholesalers to government, we must make a concerted effort to reduce consumption, packaging and other progenitors of solid, liquid and gaseous wastes.

o       Returning to historical water practices of conservation and purity, and transferring these qualities to other facets of community life.
o        Overlaying the dominant material focus with a human focus, one that puts more emphasis on developing the individual than on buildings and bank accounts.

Grassroots activism is here to stay

An article in The Royal Gazette (31/05/10)

Whether it is a question of those in power being out of touch or the populace wanting action faster, grassroots activism is here to stay.

Within days of the launch of anti-violence group Rise Above, Bermuda, its Facebook site had more than 2,000 members. A petition against a beach bar at Warwick Long Bay by the Bermuda Environmental and Sustainability Taskforce (BEST) has attracted more than 5,000 signatures.

And within days of forming a group to protest the Premier's leadership The Bermudians more than 1,000 people demonstrated outside Cabinet. From rallies to political demonstrations, concerts to petitions, the Island appears to be experiencing a surge of people power.

For BEST chairman Stuart Hayward, the primary cause is one of Government being out of touch.

 

Read more: Grassroots activism is here to stay

NSC Board ignoring experts says BEST

The Royal Gazette, May 13th 2010

An environmental group has questioned why the National Sports Centre Trustees have not taken advice from swimming experts in their design of the new Aquatics Centre.

The Bermuda Environmental and Sustainability Taskforce (BEST) yesterday backed the Bermuda Amateur Swimming Association's (BASA) calls for a stainless steel pool rather than tile and concrete.

BASA has claimed there are several design flaws in the proposed project and that these were brought to the NSC Board's attention early in the Planning process.

Despite this, the design still consists of concrete and tile, with the diving pool situated in the main pool itself rather than a separate location.

BASA has recommended a 'Myrtha' pool be constructed, consisting of stainless steel with polycarbonate coating to prevent corrosion. This is now the standard in many international Olympic-sized pools and is more energy-efficient.

BEST yesterday released a statement questioning why a Myrtha pool has not been pursued, and backing a review of the design.

 

Read more: NSC Board ignoring experts says BEST

Southlands Video!

Couldn't make the open event to view Southlands? Check out BEST's video footage of the event here.

Don't forget to sign the petition!

What a success!

 

On Sunday, March 21st, Southlands was open to the public to explore and experience the beautiful property. With over 1,500 people arriving throughout the day, the event was a real success!

 

 

We would like to thank everyone who came to support BEST and see for themselves the amazing Southlands property that should become a national park. For those of you inspired to do more, click to 'read more'.

 

Read more: What a success!

Explore and Experience Southlands!

Sunday, March 21 (2pm - 5pm)
Free Parking, Free Admission, Free tours, Free beverages!

BEST invites all of Bermuda to explore and experience Southlands this Sunday, March 21st from 2pm until 5pm. Wander through the property at your leisure and learn the fascinating details of its history. Take a guided tour through the quarry gardens. Listen to what Dr. David Wingate has to say about the property and its value as one of Bermuda's last great open spaces. Finish your tour on Southlands' beautiful beach with closing remarks by Stuart Hayward.

Schedule of Events:
2:20 Tour of property starts in front of main hour
3.00 Second tour starts
4:00 Presentation by Dr. David Wingate under the Banyan trees
4:30 Presentation by Stuart Hayward on the beach

Once you've seen Southlands, we think you'll agree that it would make an amazing addition to Bermuda's public park system. See you on Sunday!

Southlands Update

Dear BEST friends, Members & Supporters. Please open the file below for important updates on Southlands, and learn what you can do to help.

Southlands_UPDATE.pdf