By FAY SIMMONS

Tribune Business Reporter

jsimmons@tribunemedia.net

Developers of the first new Paradise Island resort “in many years” yesterday sparred with opponents over the wait to seal a lease deal with Atlantis for construction of a 100-space car park.

The One Ocean Association, which represents residents in the adjacent high-rise condominium complex, through its attorneys argued that the Town Planning Committee’s decision to grant conditional approval for transforming the former Paradise Harbour Club site into a seven-storey hotel was unlawful.

Christina Davis-Justin, appearing on the One Ocean residents’ behalf before the Subdivision and Development Appeal Board, argued that the Committee’s decision was based on insufficient public consultation and failed to address her clients’ legal property rights.

She argued that the original site plan, submitted on March 5, 2024, included a seven-storey hotel and a two-story parking garage on lot 13. Then, a revised plan, submitted on April 29, 2024, relocated the garage to lot eight without public notice or hearing. Lot eight, the proposed new site of the parking garage, is owned by Atlantis and the developer, HotelConsult Bahamas, has yet to secure a lease with the mega resort.

“It is inconceivable how you can grant an approval, a site plan approval, which is a legal term of art, to a proposed development that you have not publicly consulted on, as required by the Act,” said Ms Davis-Justin. “And you’re also giving approval to a person who has not actually shown that they have standing or legal authority to make a development.”

Roosevelt Whyms, the Appeal Board’s deputy chairman, questioned Tamika Thompson, HotelConsult Bahamas’ attorney, on the status of the lease talks with Atlantis. She said her client is still in “favourable” negotiations with Atlantis.

Mr Whyms highlighted that, during appeal hearings, developers must provide proof of ownership in the form of a conveyance or documents to show they have been granted permission to occupy a site via a lease agreement or an agreement to operate.

When pressed on whether these documents have been requested, and when they will be provided, Ms Thompson said they have been “requested under the conditions but not yet provided” and she could not give a timeline for doing so. “I cannot say at this time, and I do not wish to put a timeline before the Board and not be able to fulfill it,” she conceded.

Ms Thompson, however, argued that the Town Planning Committee’s decision also imposed conditions that the developer first obtain a Certificate of Environmental Clearance (CEC) from the Department of Environmental Planning and Protection (DEPP) before construction work can begin. It must also receive approval from the civil design section of the Ministry of Works for on-site drainage and internal driveways.

She said all these conditions must be satisfied prior to the resort project getting the go-ahead. None have yet been met due to the project still being in its early stages, and Ms Thompson noted that if the Town Planning Committee’s approval had not been appealed a lease agreement would not have to be presented at this time.

Ms Thompson reiterated that HotelConsult is still in active negotiations with Atlantis and owners of other Paradise Island property that can be used as a parking garage. “There are negotiations pending with Atlantis as we stand, but the second respondent has other property on Paradise Island that was not placed because we are in, like I said, favourable negotiations today,” she said.

“If it comes to the point that the negotiations are not favourable, then we will satisfy the conditions that are in place for approval, but the second respondent does rightfully own other property on Paradise Island and it can be probably revisited.”

Paradise Yacht Club will feature 101 units overlooking Nassau Harbour via a seven-storey main building with a footprint of around 19,000 square feet. The 101 units, ranging from approximately 370 to more than 1,000 square feet, will each have a balcony with harbour views. The ground floor will host amenities such as a restaurant and retail areas, along with an outdoor gym and swimming pool

HotelConsult Bahamas, the developer, pledged that the project will create 100 permanent jobs and a similar number of construction posts, and generate up to 30 percent of its energy needs from renewable sources.

During the initial public hearing for the development, residents voiced concerns over the extra traffic it will generate in a residential area of Paradise Island. They also expressed opposition to the proposed rezoning of one of HotelConsult’s land parcels, lot 13, from residential to commercial to facilitate a 74-space parking facility.

The developers later amended their application, removing the plans to convert lot 13 to a parking garage and opting to build a 100-space car park on land leased from Atlantis. The site will take up a portion of Atlantis’ laundry and utilities facilities, which is already commercially zoned.

The Town Planning Committee, on granting its approval, said the proposed parking garage is to be built simultaneously with the renovation of the Yacht Club building, and the lease agreement between HotelConsult and Atlantis must be submitted to the Department of Physical Planning prior to it reviewing the building permit application.