Another local project stopped while Gov’t breaks planning laws!
Government breaks the law & no one goes to jail
Recently, TCP confirmed that a beach project carried out by the Ministry of Natural Resources and Labour at Brandywine Bay was started without seeking planning approval, which was in violation of the laws of the territory. The TCP was forced to place a ‘stop order’ until such compliance of the laws was done. The Ministry has since complied with the laws and the project has restarted.
Last week the local media reported that a $325k road to the controversial BVI Ports Authority (BVIPA) Tortola Pier Park Project had started through the Ministry of Communications and Works. However, no permission was granted. The TCP has now confirmed that after the fact permission has been now sought and granted.
Local developer’s project put on hold
It is this news site’s understanding that a local investor, Mr Wilfred M. Smith, is building a restaurant and sports bar in the Slaney area of Tortola. However, it is reported that a stop order was issued to Mr Smith since the TCP allegedly wants him to give up a portion of his land for use by another person, by way of easement.
The portion of land in dispute is for a property owner to gain access to her property. Mr Smith argued that the portion of land is rightfully his and if the property owner wants to use the area in dispute to access her property he is willing to negotiate.
“The holdup is for me to give easement on my property to accommodate someone. I am prepared to obtain my property and let the person who wants to use my property come and negotiate with me not me go and negotiate with someone. If the Government made a mistake or failed to oversee in the future have me accommodated properly, monetarily. That is all I am asking,” a frustrated Mr Smith told Virgin Islands News Online.
He said it has been months that he has been trying to get his project going again but has not been given clearance by TCP.
“It has been a couple of months and no reply and I am stuck here. My project cannot continue because if I go ahead and work they going to fine me and it's penalties and court again and I have no money for that. I have money to build my building.”
Financial losses
Mr Smith said his project was scheduled to be completed in September 2015 and the delay is causing him to lose money. “I am $370,000 in the hole and am losing a significant amount of money with the project being at a standstill.”
Meanwhile, Chief Planner Gregory W. Adams told Virgin Islands News Online that the TCP had not issued a stop order on the project but that there are “some issues are to be resolved.”
“What do you say this letter is? Obviously I have been stopped because of the easement,” Mr Smith said, while producing the letter TCP sent to him.
Meanwhile, Mr Smith is also claiming that the main road along Slaney encompasses part of his land and he is seeking compensation from the Government for that.
No regard for the law?
A talk show host who did not want his named to be used expressed his displeasure over the state of affairs. “It’s clear that this government have no regard for the laws, the first week it was Kedrick Ministry, the second week Mark for not going through the proper channel….where is the Governor? Who is held accountable? The Planning Act is only for the poor man,” he alleged while raising his voice on the phone.
There are numerous local developers, on Tortola and some of the sister islands, who told our newsroom of the many times they was forced to make adjustments to their projects, costing them time and money, to comply with the TCP rules and the Public Works Department controlled Building Authority, however, it’s clear that the NDP government is a law unto itself.
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49 Responses to “Another local project stopped while Gov’t breaks planning laws!”
Marvin do not bow to this fakes @$$ be longer them want build big houses and have no parking not even for a wheelchair
where to build on your own land. How come he didint run to him.
I don't know why some people think it is only rich white people who do as they please. There are plenty of locals who do as they please too. Think about it for a minute. Does the C*****s building ring any bells?
It's all about who you are and who you for. Mr. Adams is just doing his job. Mr. Smith needs to allow the easement so he can move forward with his project.
People want to use your land for free. young man don't give in you have your rights. Premier seems to be down with the program. I don't know how long it will take but home boy keep your head up they come from St K***have more right then you who born here
The problem stems from allowing individuals that have neither formal education nor professional training pass as Architects and Engineers. It is CRAZY in regards to what a set of approved drawings looks like. I have seen a number of sets and have been amazed with what actually gets approved. I have not seen the drawings for this project but my Certified inspection experience and the picture tells me it is a death trap. The columns diameters are too small and the beams are inadequate for the long spans. Sadly you will see the full extent of the damage after a few earthquakes, loading of occupants,etc. A major earthquake will leave a building sandwich with its occupants as the center filling. Mark my word.
So.... in my opinion TCP is handling things backwards. By the looks of it there are many more matters of concern that I see here than an easement. Logically speaking, if there is now (at this late stage) an issue with the easement how is it that the approval paper was issued in the first place? For those who can read (The image of the issued letter) read. It is evident that there was time (28 days) for the "agent/applicant" to revise the site plan. This is based on AMENDED drawings that were submitted on October 27 by Mr Scatliffe on the owners behalf. The letter was written 2 days later. IF it was a problem before that then how is it the Owner is 300K into his project. That tells me something changed recently.
TCP either needs experienced plan reviewers or those that will apply the law equally regardless of WHO the applicants are. We all are in danger if they do not do their job.