In the agenda for the meeting of the Central Planning Authority (“CPA”) to be held on March 27, 2024, it is noted that the CPA will consider approval of the placement of several after-the-fact storage containers on Block 25B Parcel 266 on Evco Tours Drive Lane, Prospect. While the application seems straightforward, one objector raised concerns about the danger that could be posed by other items, including gasoline drums, that have allegedly been stored on the property in the past. In addition, a cease and desist order was previously issued to the applicant for illegal mangrove removal.
Regarding dangers posed by storage items, one objector alleged that the CPA applicant stored “numerous drums of gasoline, multiple large containers of diesel, multiple gardening trailers with containers of fuel within the yard of his residence.”
The objector recounted:
My family and I experienced a ve[r]y traumatic event that endangered our lives and the safety of our home as an explosion erupted and a huge fire engulfed from an overturned drum of gasoline within the same area of multiple drums of gasoline which he was storing directly on our boundary line which would have easily spread if not for the quick thinking of another neighbor who called the emergency services.
The objector added:
I have no confidence that those containers will contain ONLY rental items being stored at this property. Therefore, I gravely object to the grant of this application.
If this application is approved, it will set a precedent that commercial activity can be allowed within residential communities as this applicant runs multiple businesses out of his residence, namely landscaping and event rentals.
Concerning agency comments, the Department of Environment Health (“DEH”) said that it has “no objections to the proposed in principle provided that the containers are used for storage only.”
The Cayman Islands Fire Department also appears to have approved the proposal.
It is unclear whether the DEH or the Fire Department were aware of the alleged gasoline storage on the property or the “explosion” mentioned by the objector. However, this type of storage and possible danger seem like important topics for these agencies to discuss.
Turning to other issues raised about the applicant, the Department of Environment (“DoE”) said, “The majority of the site is man-modified however, there are existing mangroves growing on the adjacent Crown Property on Block 25B Parcel 496 near the site’s eastern boundary.”
The DoE added that a Cease and Desist order was issued to the CPA applicant on April 14, 2022, under Section 30(1)(a) of the National Conservation Act (NCA), in relation to the works associated with the unauthorised ‘take’ of mangroves on the adjacent Crown-owned parcel Block 25B Parcel 496.
The DoE continued:
The unpermitted ‘take’ of mangroves was in contravention of Section 33(1)(a) and (2)(a) of the NCA and the Mangrove Species Conservation Plan (2020).
The Applicant should note that this Cease and Desist Order remains in effect until it is rescinded and any further unpermitted ‘take’ of mangroves on Crown property is an additional offence under Section 30(4) of the NCA.
Although the Cease and Desist Order relates to an adjacent parcel, it involves the same CPA applicant. While it is unclear whether the CPA is legally permitted to consider an applicant’s previous infractions in its decision-making process, it is not unreasonable from a layperson’s perspective to suggest that this should form a part of the CPA’s analysis.
The CPA will consider the suitability of the applicant’s proposal, parking requirements, and the objector’s concerns at its next meeting, which will be held on March 27, 2024, at 10:00 am, in Conference Room 1038, 1st Floor, Government Administration Building, 133 Elgin Avenue, George Town.
