By FAY SIMMONS

Tribune Business Reporter

jsimmons@tribunemedia.net

WENDY’S attorneys yesterday asserted that Atlantis cannot dictate all that happens on Paradise Island even though it may view the fast-food restaurant as “not up to snuff”.

Gail Lockhart Charles KC, representing Psomi Holdings, the entity spearheading development of the combined Wendy’s/Marco’s Pizza restaurant at Paradise Island’s former Scotiabank branch, effectively told the Subdivision and Development Appeals Board hearing that the Paradise Island mega resort, other properties and high-end homeowners have adopted a snobbish attitude towards its planned presence.

Speaking as Atlantis and other resorts, including the likes of Paradise Landing, Comfort Suites and the Four Seasons Ocean Club launched their bid to overturn the site plan approval granted by the Town Planning Committee, she argued that detractors will continue to “heckle” Wendy’s and its local franchise, Aetos Holdings, regardless of what they do.

Mrs Lockhart-Charles said: “Atlantis doesn’t feel that Wendy’s is up to snuff. Atlantis feels that Wendy’s is going to somehow detract from their brand. Atlantis does not own Paradise Island, formerly called Hog Island. Paradise Island has private property up for sale. Any Bahamian, any non-Bahamian with permission can purchase land on Paradise Island.

“It’s not up to one developer, even though they may be a large one, but they cannot say this our land and you can’t come here. You can buy a business here, but you can’t operate here unless we feel that your brand is up to snuff with what we think we’re doing. That’s not democracy. That’s not even constitutional, and certainly nowhere in the law.”

Mrs Lockhart-Charles argued that Atlantis and “whoever else” had ample opportunity to themselves purchase the former Scotiabank branch location and control what type of business can operate there, but they failed to act. As a result, she said they cannot now turn around and seek to “curtail” a Bahamian landowner and developer from operating a business on its property.

She said: “Atlantis and whoever else had every opportunity to buy this property if they wanted to tie it up. If they wanted to feel like what’s going to happen, there is what they want, they should have bought it. They didn’t buy it. And now they cannot curtail a land owner, a Bahamian developer, a Bahamian business, from operating on their land that they pay good money, and a lot of it, to purchase.

“That land commanded the price that it did because it was land that was in an area that is permitted for commercial use. And therefore, any- body would expect that somebody investing and purchasing land there is going to operate a business there.”

Mrs Lockhart-Charles said the requirement that the former Scotiabank building only be used as a banking facility has long expired, and any business can now operate there so “what is wrong with Wendy’s?”

She added: “When a property owner acquires land, they are bound by the covenants that are contained in their conveyance and other title documents, and they’re bound by the law.

“In the title documents, there was a restriction that prohibited any business being operated on that property other than a bank. That restriction expired many years ago. It’s not restricted to banks. Therefore, I can operate another sort of business and what is wrong with Wendy’s?”

Mrs Lockhart-Charles maintained that Wendy’s application for site plan approval has followed due process and was ultimately granted, but added that Atlantis will continue to “heckle” it as it does not want the fast-food chain on Paradise Island.

She added that it was “galling” that Atlantis has concerns about such a small operation when it has overdeveloped Paradise Island. “This application has followed the process. Approval has been granted. This is the second time around for this applicant,” Mrs Lockhart-Charles said.

“No doubt, they’re going to continue to heckle us because they don’t want us there, but we will continue to fight for our constitutional rights to occupy our land, to conduct business from our land. We‘re going to continue to apply to go through the process, to get the approvals required to do what we need to do.

“And I would point out here that it is just nothing short of galling when we listen to these people who have themselves overdeveloped Paradise Island. It is these people, and so for them to come now and say there’s no space for you, even for this small business...”

On to the absence of a land use plan for Paradise Island, Mrs Lockhart Charles argued that these were not in place when Atlantis and other Paradise Island developments went through their approval processes and, as other developers expand their businesses, but “all of a sudden” it is a requirement for Wendy’s.

She said: “No National Development Plan in sight, but yet they get to pass through the processes to do their massive development.

There’s a massive food store coming up there, there’s huge redevelopment on a marina - all without a land development plan.

“But suddenly somebody buys the Scotiabank building. They’re not even asking you to knock the building down. They’re not even asking you to put a new building up. They’re saying we want to refurbish this building. We want to beautify it. We want to put in landscaping and we want to operate from it. And then, all of a sudden, oh, no, you can’t do that unless you have a National Development Plan.

“And all of a sudden, oh, we will come and help you government, work out your National Development Plan so that this small business can come and operate because it would be a travesty to let this application go through the process without a National Development Plan.

"I don’t think I am at all out of line to point out the rich irony of that. And when we use the word disingenuous, I think that you know, it really does find its mark when we consider these submissions that have been made in relation to the project, when we consider the scale of our project in relation to the other projects.”