Tuesday, January 4, 2022
By YOURI KEMP
Tribune Business Reporter
ykemp@tribunemedia.net
The developer for the controversial The View Love Beach project claims to have “duly stamped” documents showing the Town Planning Committee approved his project, but residents are saying that is impossible and are preparing to get lawyers to stop the project cold in its tracks.
Dr Wolfgang Groeger, speaking on behalf of the Kovats Family Office in Vienna Austria, the developer behind the controversial project, in an emailed statement to Tribune Business, said: “The Town Planning Appeals Board approved the project, as has been confirmed by the Ministry of Works. Our lawyer has this approval in writing, all plans have been duly stamped by Town Planning. No further explanation or justification foreseen from our side. Law is law.
Despite not furnishing this newspaper with a copy of these documents, he added: “As repeatedly mentioned, all restrictive covenants have been lifted by a court judgement of 1980. This is the reason why the existing building has been approved. The new buildings will be of similar height or few feet less. The project has less density than the prevailing multifamily zoning regulations would allow.”
Dominique Strachan, a resident of Palms of Love Beach next to the proposed development, told Tribune Business that the existing building Dr Groeger is referring to is a building that never received an occupancy certificate and in fact is just standing there. She also said that the building is not even in the general Love Beach proper, but further down from the general allotment for Love Beach.
She added: “You cannot build 100 units in this area and say you will not increase congestion and traffic. It is impossible if you see where they are planning to build. How could he put up a four storey building and not restrict the view of the people living across the street?”
Maria Ageeb, a resident of Love Beach, added: “I thought we had quite satisfactorily dealt with the reason why they can’t build beyond a certain height and it is one of those things that needed a court to determine, not just continue to build like it wasn’t an issue. We never received a notice that they were going to continue with the project. We were never told or given any information on the state of any appeal. I don’t even know what the project has been approved for?”
She added: “The reason why the building in the 1980 court agreement never got a certificate of occupancy was because of the fact that it was against the height restrictions, but I think they may have recently gotten it within the past year or so.”
The View Love Beach project was approved in August, 2021, mere weeks before the last general election after having gone through the past three years with rejections from the Town Planning Committee on behalf of the residents of Love Beach.
Dr Groeger, however, is confident that The View Love Beach will commence shortly and said: “We ordered construction plans to be executed by our Bahamian architect beginning of 2022 for submission for building permits based on the approved project. Construction works will commence then after, in 2022, and neighbors will be informed on time.”
Ms Strachan and Ms Ageeb have both vowed to take the next steps and organize legal representation for the neighbours of Love Beach. Ms Strachan said: “How could they get approval from the Town Planning Subdivision and Development Appeal Board (TPSDAB) when the Board didn’t even have a chairman and half of the board didn’t know about the project? How could this blatantly happen?”
She continued, “There was a lawyer involved in this, Erica Ferreira, who has more information about this than anyone I know.” With construction threatening to start in a few short weeks, Ms Strachan also said, “We are not looking forward to it. We hope that between Ms Ageeb, Jamie Liddell and Chris Jenkins they can help to do something. I know Jamie Liddell used to be at Lennox Paton, so we will see what they have to say about all of this.”
Ms Ageeb added: “I tried calling Ms Martinborough and Mr Charles Zonicle at the Town Planning Committee but they were always unavailable. I was trying to find out what exactly they were approved for. I left messages but never heard back from them.
“I’m just going to have to get all of the neighbours together to see who is willing. I know Jamie Liddell and a couple of other neighbours were trying to get their legal reports together when we were fighting over the restrictive covenants, so I think I will reach out to them first to see what they think about this.
“Dr Kovats actually wanted to build in the ocean and all. He wanted overwater bungalows. I just don’t trust them to do what they’re supposed to do.”
Dr Groeger ended with, “We do not think it is relevant to discuss this further. Urgently needed employment of Bahamians will commence in 2022.”
Comments
Baha10 says...
… well after reading this back and forth, there seems to be a significant amount of misinformation being circulated and in turn, regrettably reported without cross checking for accuracy … bottom line is there are either enforceable Restrictive Covenants … or there are not … and to this end … “The Law is the Law”
Posted 4 January 2022, 2:53 p.m. Suggest removal
lovingbahamas says...
If you have enuf payola, you can get “approval”. Not sure it is legit!
Posted 4 January 2022, 6:11 p.m. Suggest removal
Proguing says...
lol
Posted 4 January 2022, 8:17 p.m. Suggest removal
Bahamas2022 says...
Such a nonsense.
Posted 5 January 2022, 6:38 a.m. Suggest removal
Bahamas2022 says...
Why should the developer supply any documents to the Tribune?
And why to the neighbours? Zero obligation.
And naturally the building has a building approval and occupancy permit.
And Town Planning has written a letter to all "concerned neighbors" confirming the approval - nobody has received? Sclerosis prevailing at The Palms and Love Beach colonies....
They can discuss with anyone including their toxic lawyers but as someone has written before "The Law is the law".
They all are barking to the moon, and on thin ice considering being held liable for damages....
Wondering if the developer will take any legal action against this bunch of..
These m....s are a nail in the coffin of The Bahamas. But the IMF will fix this year.
Posted 5 January 2022, 6:47 a.m. Suggest removal
DWW says...
please refer to planning & subdivision act 2010. disclosure and public notice is required. as well an EIA. restrictive covenants override it all except that the heirs of whoever put in the restrictions is required to file suit asfarasiunderstandit
Posted 5 January 2022, 8:43 a.m. Suggest removal
Emilio26 says...
It seems as if some of the residents in Love Beach such as the Ageebs and Ms. Dominique Strachan have a personal beef with Dr. Kovats.
Posted 5 January 2022, 8:46 a.m. Suggest removal
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