Protesters' joy as beach bar development hits skids

Plans to build a controversial beach bar on Warwick Long Bay have been sent back to the drawing board.

Puisne Judge Ian Kawaley ruled developers must start from scratch if they want to pursue the SandBar project.

The proposal to build a bar and restaurant on South Shore was rejected by the Development Applications Board last year due to environmental concerns.

But the brains behind the project, Belcario Thomas, appealed the decision to Environment Minister Glenn Blakeney.

Mr. Blakeney reversed the decision of the planning experts and gave the development the green light – but he fatally failed to give reasons for his decision to allow the application.

The Bermuda Environmental Sustainability Taskforce took Government to court to fight the Minister’s decision.

And yesterday, Justice Kawaley ruled in BEST’s favour and quashed the appeal decision.

Justice Kawaley said: “The crown (Government) has conceded that the appeal must be dismissed because of the absence of reasons for the decision. It is suggested that the court has power under the Act to remit the error to the Minister.

“But Mr. Marshall for the applicant (BEST) urges that the court does not take this course. I am minded to accept his submission because it would be unsatisfactory, the appeal having been conducted by the Minister, for the matter to be returned to the Minister to be dealt with again.

“There are two reasons for that — firstly the statutory framework in which the appeal goes to the Minister.

“The Minister is a member of the executive and is being asked to perform a judicial function — it is problematic in itself for a Government Minister to make a judicial decision.

“The burden on the Minister to be seen to act fairly is so high that in circumstances where a decision made has been revised on the basis of no sufficient reasons against a background of allegations of lack of impartiality, justice would not be seen to be done if it was returned to the same Minister again in my view.

“The appeal of the Minister is quashed and the appeal by the applicant (BEST) should be allowed.

“The planning applicant can make a fresh application if he is advised to do so.

“The costs of the appeal should be awarded to the successful applicant (BEST).”

After the hearing, Stuart Hayward, BEST chairman and a Bermuda Sun columnist, said residents in Warwick Long Bay would be thrilled by the court’s decision. He added: “This is a very satisfying victory for us. To have our position upheld and also be awarded the costs is a good indicator of just the kind of work BEST can do.

“I am sure this process has been excruciating for the developer.

“Maybe somewhere like Horseshoe Bay is more appropriate for a development of this nature.

“It is great news for the residents in Warwick who fought against this development.”

Mr. Thomas told the Bermuda Sun he had not made up his mind whether to go through the whole planning process again. But he stressed the SandBar project was the epitome of sustainability.

He added: “We are still trying to educate people. This is not a bar or a party place we are trying to put on the beach — it is a restaurant where people can have a nice meal, wiggle their feet in the sea and have a glass of wine.

“What is more it is a temporary wooden deck that would be seasonal on a derelict piece of sand by the car park.

“I am disappointed the project has not been allowed to go through. We need more efforts to help tourism and any concept outside the box should be encouraged. Any time that is stifled it saddens me.”