UPDATED: 11AM 18 Oct.

We have just been informed that an injunction was issued by the Grand Court last night (17) and served this morning just after 9am. Work stopped at the site around 10:30am. There will be a legal hearing on Tuesday (23).

“Protect South Sound welcomes this development which will halt further environmental damage and mangrove loss in South Sound – while the various authorities consider the outstanding legal questions,” a spokesperson from the group said Friday. “While a considerable amount of fill has been placed in to the water since Monday morning, less than 50% of the area has been filled. The area in question is a Marine Replenishment Zone and designated ‘Scenic Coastline Zone’ by ‘The Development Plan (1997).”

 

Since our story “More mangroves to be destroyed” was published on Sept. 4^th the mangroves are being destroyed and now lost forever.

The insane decision of the Cayman Islands Planning Authority (CPA) to give permission to RC Estates to remove 50 feet of recovering mangrove buffer that runs 2,000ft along the coastal lots of a proposed development in the South Sound has resulted in the company filling as fast as they can.

The Protect South Sound committee has been trying to preserve the coastal area and appealed the CPA decision with an application weeks ago for an injunction to the Attorney General, Samuel Bulgin, to stop RC Estates filling and removing the mangroves until the appeal is heard. He has not acted and therefore the company are within their rights to go ahead.

The area is a marine replenishment zone but the developer also has permission to fill the area with marl and extend the lots into the ocean and construct a 9ft. concrete sea wall.

The Department of Environment (DoE) at the CPA meeting produced an extensive report with evidence warning of the danger of removing the mangrove buffer and the need to replenish the area. This is something the DoE has been carrying out with some success in the area after it was damaged by Hurricane Ivan. With the help and assistance from the US Fish and Wildlife Service, the Migratory Bird Conservation and Reef Ball Foundation much invested time, energy and public resources has gone into the replenishment.

The Cayman Islands Planning Department also advised against the removal of the mangrove.

Despite all the evidence presented the CPA said they were swayed by the presentation given by the applicant’s lawyer that the owners had a legal right to develop the land. The attorney said his client’s land had a fixed boundary, which the sea had eroded, but it was still his client’s boundary.

“There is no disputing anymore,” he said, “if you have a fixed boundary and the sea erodes your land, it is still your boundary. Government guarantees title to land, if the opposite were the case it would be bad for business. For today’s hearing, this boundary is fixed and they have every legal right to do this.”

He also argued that, despite being no expert with no qualifications even suggesting same, offered this:

“They are moving the seawall a bit seaward and adding rip rap. It’s not a hard sea wall. There are many, many areas on the island where this has been done. One benefit of Ivan is that we can now say rip rap diffuses storm surge. Boulders are harder to move than mangroves.”

When members of the Protect South Sound Committee learnt what was happening they sent urgent messages to their MLA’s but they might have appealed to the “Man in the Moon”.

The Development Plan (1997) designates this area as being a ‘Scenic Coastline Zone’ and Section 20 of the Development and Planning Regulations (2006 Revision) requires the CPA to ensure that the open character of scenic coastline land is preserved and to safeguard the public’s right to use the beaches and to gain access to them through public rights of way. In addition, the plan states that “the panoramic views and vistas provided by these coastlines are natural assets which are to be safeguarded for present and future generations.”

The photographs show the work that has been done up to Wed 17^th. The markers that RC Estates placed at 50ft were from the most easterly plot and is actually 70ft. from many of the others. Even if someone from the government office checks this and finds RC Estates are at fault it is too late. The mangroves are gone.

See today’s Editorial.