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The Bermuda Environmental and Sustainability Taskforce
Charity Reg. No. 858
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Warwick Long BayWarwick Long Bay Beach Bar - Reapplication
Warwick Long Bay Ruling
Dear BEST friends, Members & Supporters. Please see the file below for a copy of the ruling against the appeal of the building the "beach bar" at Warwick Long Bay.
BEST Beach Party at Warwick Long Bay is ON!
The Beach Party is ON! BEST’s Beach Party at Warwick Long Bay Saturday 4 September 2010 5pm to 10pm Thanks to the cooperation of Fiona, the Old Fashioned Beach Party to celebrate the preservation of Warwick Long Bay will go ahead as planned. There will be a barbeque with free hot dogs & drinks (while supplies last). Bring your own food and drink if you like and have fun or just relax. Please help by keeping all trash in the appropriate bins, no loud music and be very cautious of the Warwick Long Bay undertow. Hoping to see you there, -Stuart Hayward, Chair - BEST BEST Old Fashioned Beach Party
You may have heard that BEST won its Court case, and that the Warwick Long Bay "beach bar" has been quashed. This is a momentous occasion and one worth celebrating.
We would like to extend a special invitation to you. We thought you'd want to join us in celebrating this success. If so, please come to our Old Fashioned Beach Party September 4th from 5pm to 10pm. There will be a barbeque with free hot dogs & drinks (while supplies last). Bring your own food and drink if you like and have fun or just relax.
Please help by keeping all trash in the appropriate bins, no loud music and be very cautious of the Warwick Long Bay undertow.
We could also do with a little help in ceratin areas. If you can volunteer some time please send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Thanks to everyone who supported BEST in its efforts to protect WLB and thank you to those companies who have donated to this event.
- John Barritt & Sons
All the BEST,
Cory (Read more for flyer) A victory for all of us wronged by this government
(The Bermuda Sun: 6/8/2010) An opinion piece by Stuart Hayward, BEST Chair. This week saw the successful end of a campaign by the Bermuda Environmental and Sustainability Taskforce (BEST) to protect Warwick Long Bay from the encroachment of commercial activity. A scheme for building a beach bar on that public parkland was quashed in the Supreme Court. A little history: When the scheme was first announced in April 2008, BEST joined with neighbours and other concerned citizens to save Warwick Long Bay. We wrote letters to the Development Applications Board (DAB) who then refused the application. The applicant then appealed the DAB’s refusal to the Environment Minister. Despite the advice of several experts — including an Independent Planning Inspector brought in to advise him — all of whom advised against allowing the beach bar for environmental and related reasons, the Minister overturned the DAB. BEST then engaged a campaign: a public meeting, a demonstration at the site, a letter-writing campaign and a paper and online petition that gathered thousands of signatures. Eventually, BEST asked the Courts for a Judicial Review of the Minister’s decision. When the case finally got to court on Tuesday, the government conceded that the Minister failed to give reasons for his decision. Glaring arrogance In essence, the government, in conceding, has admitted that the Minister didn’t do his job. For all the language of “due diligence” that accompanies almost every government action these days, this case and its outcome evidences that the Minister made a decision — a momentous and far-reaching decision — without having reasons that would hold up as reasonable, fair and unbiased.
Read more: A victory for all of us wronged by this government Beach bar plan quashed
(The Royal Gazette: 4/8/2010) Sustainability group BEST has won its appeal to prevent a proposed bar on Warwick Long Bay. Puisne Judge Ian Kawaley ruled to quash the case after Government conceded that Environment Minister Glenn Blakeney didn't explain why he decided to give the restaurant the green light. The ruling means that a Planning Department decision to reject the proposal will stand entrepreneur Belcario Thomas must reapply to that board if he wants to continue with the project. He said yesterday: "I think we will take this time to consider our options and see how interested people are in the concept." Bermuda Environment and Sustainability Taskforce (BEST) chairman Stuart Hayward said the correct ruling was made, but it was too long in coming. "It's disappointing how long the Government had dragged this out. It's been an ongoing strain on our organisation, our supporters, and the residents of the area. "I can't speak for Mr. Thomas, but I would expect it's been painful for him to be left in suspense all this time. Just this week I've heard complaints about Controversy has surrounded the plans for Mr. Thomas' Sandbar since the restaurant was first proposed in 2008.
Warwick Long Bay Beach Bar Plan Quashed in Court
(05/08/10) Bernews.com Supreme Court Quashes Beach Bar DecisionYesterday [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 (http://bernews.com/2010/08/supreme-court-quashes-beach-bar-decision/) Overview
When was the campaign? In April 2008 our attention was drawn by a group of Warwick residents to an application to the Department of Planning (DOP) to construct a "beach bar" on Warwick Long Bay, a National Park. The campaign continues.
Why did BEST object? * The proposal represented commercial intrusion into public parkland in direct contradiction to the reason parklands were protected. * Sustainability of Bermuda's tourism potential requires we preserve some areas in their pristine state. * Warwick Long Bay is a National Park and one of the most beautiful and most pristine of Bermuda's beaches. Its image has been used extensively to attract tourists to Bermuda. * While the application was for a "temporary structure", there are plans to have it stay in place year-round. * There are already beaches, some quite nearby, where tourists and residents can combine food and beverages, including alcohol, with their beach experience. * We are concerned that this construction will set a precedent for similar "development" in any or all of our National Parks. * We do not want to see this pristine National Park put on the path to becoming a commercialised tourism zone.
How did BEST campaign? In partnership with more than 100 area residents, BEST submitted formal objections against the proposal to the Development Applications Board (DAB). The DAB subsequently refused the application. BEST launched an online and a paper version of a petition opposed to any commerce-related construction, temporary or otherwise, on Warwick Long Bay parklands. The developer then appealed. BEST and a number of area residents placed objections to the appeal. The appeal was submitted to an Independent Inspector for an unbiased assessment. He recommended against the appeal. The Environment Minister then went against that recommendation, overturned the DAB decision and has given the developer permission to proceed.
What is the current status of the campaign? BEST has initiated Court action for a Judicial Review of the Minister's decision. Construction of the beach bar is halted pending outcome of the Judicial Review. A Court hearing is anticipated early in 2010.
WLB Campaign in the News
To see all published articles regarding the Warwick Long Bay Campaign, click to Read More |
