Castle Harbour approval `flouts natural justice'
Bermuda Properties Ltd.'s Castle Harbour project was "a donedeal'' -- rushed through by Government to thwart public discussion, Bermuda National Trust president Mr. David L. White claimed yesterday.
"I don't know why we spent five years discussing a planning policy if Government is going to change it overnight,'' he said.
His comments came in response to a question following his speech to Hamilton Lions yesterday relating to news that the $65 million project had been approved by Government in principle.
Bypassing normal planning procedures, Environment Minister the Hon. Gerald Simons used special discretionary powers to grant permission in principle for the building of 46 condominiums, a shopping centre, tennis stadium and spa on Castle Harbour land, most of which is zoned as protected woodland and open space.
Normally, plans must be scrutinised by the Development Applications Board but in certain instances of national interest, the Minister may wield discretionary powers of approval.
The Minister's decision also came under attack yesterday by lawyer Mrs.
Georgia Marshall who said she was "flabbergasted'' that Mr. Simons had not publicised the reasons behind his decision.
In doing so, the Minister risked flouting the laws of natural justice, said Mrs. Marshall, who acts for an objector to the plan.
"There seems to be a very arrogant attitude by Government that they no longer need to adhere to the principle of natural justice and give reasons,'' she said.
"It smacks of the desire to curtail any discussion on the matter and run it through without any opportunity for discussion.'' On Tuesday, Mr. Simons, who could not be reached for comment last night, said the project had "significant economic benefit'' to Bermuda but refused to comment on specific objections.
The Castle Harbour "Master Plan'' project proposed last month by BPL and Marriott's Castle Harbour hotel has been hailed by Government as a much needed shot-in-the-arm for Tourism. Hotel chiefs claim it will transform Marriott's Castle Harbour hotel into one of the world's top resorts.
Earlier in the year, Marriott, which has lost more than $41 million since it opened almost ten years ago, threatened to pull out if the hotel continued to lose money.
But yesterday Mrs. Marshall questioned whether Government had any guarantee that Marriott would stay even if the project went ahead.
"So far, Marriott has given no assurance that it will stay,'' she said.
Mrs. Marshall also questioned why Government appeared to be flying in the face of its own Immigration and Protection policies which bar foreign controlled Development approval comes under fire vacant land where profits went to non-Bermudians.
Bermuda Properties, which is mainly foreign-owned, leases part of the Castle Harbour property to Marriott. The hotel does not lease the plots that are targeted for development.
The land, Mrs. Marshall said, had been taken away from Bermudians and given to BPL years ago on the condition that it be developed for tourism and for the collective good of the country.
But it was questionable, she said, whether this was true.
"How is the building of 50 luxury residences going to benefit Tourism?'' she asked. "They are not an extension to the hotel and will be available to non-Bermudians to buy.'' The profits would inevitably go overseas, she said.
"Non-Bermudians will be in a position to develop and speculate in undeveloped land in Bermuda where the profits are clearly to the benefit of non-Bermudians. One can't help but wonder at the forces at work for Government to contravene its own stated objectives.''
