By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Planning approvals for the controversial $200m Rosewood Exuma resort are being challenged over “a breach of transparency” and for being “procedurally defective and substantively flawed”.

The neighbouring Turtlegrass Resort and Island Club, in documents seen by Tribune Business, is seeking to overturn the site plan approval granted to its fellow East Sampson Cay project on multiple grounds including assertions that the plans presented at the Town Planning Committee’s public hearing “materially differed” from those previously made available for the public to view.

And attorneys for Turtlegrass, which is also set to seek Supreme Court permission to launch a separate Judicial Review challenge to environmental permits and approvals provided to Rosewood Exuma’s developer by the Government, also warned the planning authorities that their client’s appeal “prohibits” any development or construction work until the outcome is determined.

The “prohibition” warning comes as Miami-based Yntegra Group, the developer developer, will today hold its ground-breaking for the project that will be attended by Prime Minister Philip Davis KC; Chester Cooper, deputy prime minister and minister of tourism, investments and aviation, who is also the Exuma MP; Rosewood’s international president; and other Cabinet ministers.

Raven Rolle, a Callenders & Company attorney, in a July 28, 2025, letter to Charles Zonicle, the Department of Physical Planning director, warned: “Please be advised that pursuant to section 65 (4) of the Planning and Subdivision Act, the appeal operates as a stay of the approval granted and therefore prohibits any works/development/construction done pursuant to the approval until determination of the appeal.

“We have copied the chairman of the Town Planning Committee in the event development works start as the Town Planning Committee would be required to take any steps applying the penalty provisions for development without approval pursuant to section 48 of the Planning and Subdivision Act.”

If Callenders is correct, this would legally prevent Yntegra and its contractors from conducting construction and development work beyond turning earth with a shovel at today’s ground-breaking. Turtlegrass and its holding company, Sampson Cay Retreat Ltd, are seeking to overturn the site plan approval that the Town Planning Committee granted to Rosewood Exuma on March 28, 2025.

Mr Zonicle, in a letter to Crystal Hanna at BRON Ltd, the Rosewood Exuma project’s Bahamian environmental consultants, confirmed that “site plan approval” for the development had been granted subject to certain conditions. These included meeting the requirements set by the Department of Physical Planning (DEPP) and obtaining Ministry of Works approval for the civil drawings for roadworks.

Other conditions involved obtaining all necessary government approvals for the project’s marinas, and maintaining compliance with the Conservation and Protection of the Physical Landscape of The Bahamas Act and the Planning and Subdivision Act.

However, given that the approval is conditional, Tribune Business understands that the Town Planning Committee should have granted Rosewood Exuma “preliminary site approval” - not full site approval. This newspaper has reported on previous planning appeals that have overturned such approvals for this very reason, requiring developers to reapply for “preliminary” approval.

This is likely why Callenders, on behalf of Turtlegrass, described the Town Planning Committee’s decision to grant site plan approval as “procedurally defective and substantially flawed” in the July 25, 2025, appeal submitted to the Subdivision and Development Appeal Board. Only once a developer fulfills all the Committee’s conditions can it seek full site plan approval.

The appeal, which has been obtained by this newspaper, also attacks an alleged lack of consultation and asserted that the approval decision contravenes the Town Planning Committee Rules. This, Turtlegrass and its principal are arguing, makes the decision “void” and requires it to be reconsidered as a new application.

Arguing that the Town Planning Committee “failed to comply with the requirements for holding public hearings.... and the principles of natural justice”, as set out in its Rules and the Planning and Subdivision Act, Turtlegrass also asserted that the regulator “failed to give reasons for its decision”.

It urged that the site plan approval be overturned, and the matter “remitted” for a new hearing following “proper notice, consultation and disclosure”, and said: “The plans relied upon during the hearing materially differed from those made available for public inspection, resulting in a breach of transparency and procedural fairness, and contrary to law.”

Turtlegrass argued that the approval process for Rosewood Exuma was “in breach of the common law on what constitutes consultation” and the precedent set by the Subdivision and Development Appeal Board’s verdict on Wendy’s Paradise Island restaurant.

It also alleged “no further consultation was conducted” despite the objections raised with Physical Planning, violating the Town Planning Committee’s “duty to act judicially” under its rules. The planning appeal thus represents the latest development in the clash between the two neighbouring resorts - Turtlegrass and Rosewood Exuma.

Mr Coughlin, who has threatened to halt development of his $75m project once the latest phase is completed unless his concerns are addressed, has consistently argued that the Yntegra Group project is too large for East Sampson Cay. He has also asserted that its development plans, especially the proposed dredging for its marinas, will damage the environment on which his property relies.

Yntegra Group, which is headed by Felipe MacLean, has consistently rejected and pushed back against these arguments. The Miami-based developer has asserted that its project will have a $1.6bn impact over 20 years, translating into $80m per year, along with an $834m boost to Bahamian economic output (GDP) and $336m in additional income for Bahamian workers over the same period.

This is equivalent to an average $41.7m GDP impact, and $16.8m in extra income, over that 20-year span. The increase in government taxes is forecast at $176m over two decades, with the Rosewood Exuma developer also projecting it will help create “533 full-time equivalent jobs annually” in construction, tourism and other industries.

Yntegra Group last week announced a series of entrepreneurial opportunities tied to the resort’s “heart of house”, where staff will live and work. The company is inviting Bahamian entrepreneurs to express interest in operating amenities that will serve the 150 resort employees, including a staff restaurant, a bakery and coffee shop, a hair salon and a Captain’s Lounge.

The developer added that it is currently working with about a dozen local vendors and nearly 20 Bahamian businesses have already signed on to support various aspects of the project, including food service, logistics and construction. Close to 200 individuals have reportedly expressed interest in job opportunities related to both the construction and operational phases.

The announcement follows a recent update from Bahamas Industries & Construction Company (BICCo), which said it had identified 146 prospective employees from the Exuma Cays and surrounding areas.