Comissiong to file new motion against Hyatt

Political activist David Comissiong is seeking to strike another blow at the heart of the controversial Hyatt Centric Resort scheduled to be built on Lower Bay, The City.

The attorney-at-law, who has already secured an injunction putting the brakes on the US$100 project, will Tuesday file an interim order suspending permission to build until the court can hear the substantive matter in a hearing scheduled for May.

“I have applied for an interim order suspending the permission to build until the court can hear the substantive matter in May or whenever after May. This will just be a formality because if I have challenged the permission, the Town and Country Planning Act says that the court should temporarily suspend the permission until the court can have a full hearing of the matter. The interim order would stop the developers from doing anything right now, but if they started anything it would stop them from doing anything until the court can hear the case in its totality,” he told Barbados TODAY.

On March 22, Comissiong lodged the legal challenge in the Supreme Court to the construction, which, after several delays had won approval on February 15 from Prime Minister Freundel Stuart, who has responsibility for Town and Country Planning.

That injunction, which resulted in immediate suspension of permission until the matter is heard by the court, came as a major blow for both the developers and Government, who have been eager to get the project going, amid domestic economic challenges.

Speaking to reporters immediately after filing the claim, Comissiong was adamant that the Prime Minister had acted incorrectly on the matter.

He had based his claim on 12 grounds, including the failure of Government to have public consultations or to carry out an environmental impact assessment (EIA) on the multi-million dollar beachfront development.

The attorney had also argued that Stuart had relied on an outdated Physical Development Plan, even though Section 11(1) of the Town & Country Planning Act stipulates that the plan, which is now 14 years old, must be updated every five years.

He also took issue with the 15-storey elevation, pointing out that the maximum height allowed for beachfront hotels was five storeys, compared to the seven storeys for non-beachfront tourist accommodation.

Comissiong further noted that over the years applications for developments above the stipulated elevation were consistently turned down on the grounds that “such structures would negatively affect the visual amenity of the locale”.

15 Responses to Comissiong to file new motion against Hyatt

  1. Keen observer April 11, 2017 at 5:08 am

    Commisiong thinks he is the guru on everything. This is the same person that was advocating that Barbados embrace the Petro Caribe deal. He likes to speak on justice and human rights, I would like him to give an honest assessment on the the plight of the Venezuelan people today. In addition Barbados landscape can change, architects and engineers in Barbados need to be able to design and work on buildings of such magnitude so that that they can sell their services abroad and create foreign exchange for Barbados. Furthermore, Barbadians go to other countries and admire high rise buildings. Commisiong knows this is pure politics at the expense or the working class man or woman seeking a job to feed his or her family.

  2. Bajan First April 11, 2017 at 8:41 am

    Why has the Government not done the things which Comissiong is claiming that should have been done! Are they simply careless or even reckless! If not, come to the public and explain! The large majority of us wish these projects to get going. We understand their important to the provision of jobs both short and long term as well as their importance to the economy and the replenishing of the foreign reserves if only short term.
    That majority is also aware of those who would wish to have all projects stalled with the hope of forcing the Government’s hand into calling early elections or making them look so incompetent that whenever elections are called the BLP would win by a large margin. Their interest is not that of the majority who want to see this country survive and rebound in the short-term. We want this regardless of which party holds the reigns of power and we understand that this will only happen if the economy is saved from total collapse at this point. We can address the blame during the campaign whenever elections are called but it is imperative that we give the new government something to work with if we are to avoid spending the next ten to twenty years trying to recover!

  3. Jea Alleyne April 11, 2017 at 8:55 am

    Comissiong was adamant that the Prime Minister had acted incorrectly on the matter.

    on 12 grounds, including the failure of Government to have public consultations or to carry out an environmental impact assessment (EIA)

    Stuart had relied on an outdated Physical Development Plan, even though Section 11(1) of the Town & Country Planning Act stipulates that the plan, which is now 14 years old, must be updated every five years.

    ……some are forced to follow the T&C Planning Act but some dont have to. We need to get rid of the “Them & Us” syndrome. And have Rules & Laws for ALL !!

  4. Jennifer April 11, 2017 at 9:18 am

    @Jae Alleyne – “And have Rules & Laws for ALL” – Agree, however, that can only be done if only our politicians were not so MOIST, SLICK, and lack integrity. Mind you this disease has now infected every government department. Then the same people who they will perform the imbalance for turn around and pummel them with insults.

  5. Frank White April 11, 2017 at 9:22 am

    If we as black people have to rely on our enemies to give us a job, then we are in bad shape. Malcolm X…

    Keep on keeping on brother Comissiong, we love you in the black conscious community…

    • Jennifer April 11, 2017 at 10:17 am

      @Frank White – Well said. However, as a black conscious member you will know that we are in BAD SHAPE. Until we get decolonized then we will have to keep relying on our ENEMIES for work, education, church, clothing, food, soap, $hit – for everything. And as I said previously we got to ends of this spectrum, too few is black conscious and the majority thinking is too toxic to even comprehend. Joining with their oppressors and all. No wonder blacks never reparations for slavery – how can someone compensate you for something that you still is.

  6. Biscuits April 11, 2017 at 9:23 am

    While the concerns are understandable, efforts to stall a project that could inject much needed life into the economy, will never be viewed in a favourable light. Time to put country first…not self!

    • bajans April 11, 2017 at 7:33 pm

      Biscuits, what life will that monstrosity put into the economy? A few temporary low paid jobs followed by menial maid, waiter and gardener jobs? Did the DLP put the country first when it ceded 40 years of the poor Bajan taxes, to the multi-millionaire Butch Stewart, his children, grandchildren and great grand children?

      • Nevada April 12, 2017 at 8:01 am

        @bajans, you have a very valid point and secondly there should be a public hearing for some input to building at that location.

    • hcalndre April 11, 2017 at 11:50 pm

      @ Biscuits; Putting biscuits with bread in the same box makes the biscuits soft. The PM makes himself look stupid when he of all people who should have known what the Town and Planning rules are. Every one of the projects that the DLP comes up with, seems to be coming through the back door and don`t forget the fingerprinting that was never legislated when Attorney Comissiong had to step in. Some of the sympatizers and operatives of the DLP were ready like cows to be branded. I even heard a radio host talking about when she comes to the US she is being fingerprinted, is she a resident of the US? while barbados wanted to finger print its citizens going and coming. Benjamin Franklyn said he/she that gives up freedom for safety deserves neither. Kudos to Mr. Comissiong for making sure that procedures are followed.

  7. Bajan First April 11, 2017 at 2:12 pm

    It will take another three hundred years before black people emancipate themselves. Reason being we are depending on the Europeans and Americand to do it for us while we continue to fight and kill each other or undermine any effort made by a brother or sister to break the cycle of subservience

  8. Robert April 11, 2017 at 2:30 pm

    I believe that the permission for this project must be reviewed. A 15storey building is going to be a blight on the landscape. Where is the sewage system and water supply for this monstrosity ? Can you imagine 15 storeys of people disgorged on the beach. Of course future builders will want the same concessions and in time you will not be able to see the beach as is the case in Miami Beach and Honolulu because of high rises. Why is the government in such a hurry to sell the birthright of its citizens?
    The gain, some transitory construction employment and employment in the service industry. Do the promoters have the same deal as Sandals? This project should be subject to the same rules as every other project, regardless of the governments wish to ram through for it appears political reasons. I usually disagree with the author of this article, but in this case he is correct.

  9. Mikey April 11, 2017 at 3:57 pm

    We do not operate as a “jungle society”, I have heard the last past PM and the now present PM using the words “civil society”, which means SOMETHING !
    How come then we break rules , whilst knowing better ?
    Well do the right things and be an example to the rest of “civil socety” if your leadership and legacy is to stand the test of time.

    That is why were are reminded in many areas of those who shall be beaten with many stripes,,,, YES, THOSE WHO DOETH NOT WHAT THEY SHOULD DO.
    The first thing leaders should do is “what is right” and not “what they feel like doing”.
    Smells to me like responsibility and accountability .

  10. Tom April 11, 2017 at 4:29 pm

    The PM is a lawyer by profession. He also has at his disposal the Attorney General and other Departmental lawyers for advise when necessary, so why is it so difficult for due compliance to laws and regulations. If at any time the Government thinks that a law is no longer fit for purpose they have the necessary parliamentary majority to repeal it. The Executive is not above the law and Mr. Comissiong is right to use the court to hold them to account.

  11. Jerry Mervriel Nurse April 12, 2017 at 3:20 am

    Barbados is experiencing serious sewage difficulties that will worsen as more and more new hotels are added and you do not have to be a rocket scientist to realize this will eventfully lead to serious health problems especially the South Coast with the new hotel construction by Miami Beach and Maxwell Coast Road. What rectification measures have government taken, what are the ordinary man and woman doing to combat this looming disease before it happens – as briefly experienced November, December South Coast Sewage disaster that caused tourists to flee the country; without fixing the problem it has been added to for $$$$


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