By Fay Simmons

Tribune Business Reporter

jsimmons@tribunemedia.net

A five-year planning approval battle over a proposed 13-acre Bernard Road cemetery remains unresolved over the wait for the Attorney General’s Office to supply critical information.

The Subdivision and Development Appeals Board was scheduled to hold its final hearing on the appeal by James Bain, the proposed cemetery’s developer, on Monday but this has now been delayed until September after the Attorney General’s Office failed to provide details on the Government’s plans to compulsorily purchase the property via the Acquisition of Land Act.

The cemetery’s development has been heavily opposed by nearby residents and Fred Mitchell, minister of foreign affairs, PLP chairman and Fox Hill MP.

Mr Mitchell’s intervention, which was sent to the Appeals Board’s now-former secretary, Carol Martinborough, surfaced at the earlier pre-hearing for the appeal against the Town Planning Committee’s 2018 rejection of Mr Bain’s application to build the cemetery on vacant land he owns near Bernard Road’s Budget convenience store.

Mr Mitchell wrote to the Subdivision and Development Appeals Board on February 19, 2024, urging that the appeal be dismissed “and the status quo maintained” on the basis that permitting the project would devalue nearby properties and disturb his constituents’ way of life.

His correspondence noted that the Government is also “in the early stages” of using its compulsory powers under the Acquisition of Land Act to purchase either the entire property or “pieces and parcels” of it. This revelation prompted Khalil Parker KC, attorney for the developer, to suggest that as the matter is a land dispute a representative of the Attorney General’s Office should appear for the appeal hearing.

At Monday’s appeal, Perry McHardy, representing the Attorney General’s Office, indicated that an application to acquire the property under the Acquisition of Land Act has not yet been filed as it is still awaiting a final response from the Office of the Prime Minister, which is responsible for compulsory land acquisitions.

Dawson Malone, the Subdivision and Development Appeal Board’s chairman, while acknowledging the busy schedule of the Attorney General’s office expressed the “disappointment” of the Board that documents providing the Government’s input on the matter had not been received after almost six months.

He added that the input of the Attorney General’s Office is “critical” in resolving a matter that has dragged on for more than five years with all parties deserving “closure”.

Mr Malone said: “The Office of the Attorney General is critical in determining issues that have arisen based on the communique. We have not been provided any documentation, and the attorney from the Attorney General’s Office has appear today and indicated that the documents are forthcoming.

“This matter has to close. Everyone’s lives need closure one way or the other. Please, I ask that you convey the disappointment of the Board to your chambers because we understand there’s a lot going on but we need to be considerate of everybody else involved as well.”

Mr Malone said it was “really difficult to swallow” the fact that the Attorney General’s Office has not presented any feedback to the Board as they are mandated to conclude all appeal proceedings within four months. The proceedings were adjourned until September.