PUBLIC ACCESS FOR DISABLED A PRIORITY, SAYS MINISTER

By FAY SIMMONS Tribune Business Reporter jsimmons@tribunemedia.net

PUBLIC buildings are being refitted with wheelchair ramps to make them more accessible to disabled members of the public, Minister of Works and Utilities Alfred Sears revealed yesterday.

Speaking at the International Road Federation (IRF) Caribbean Regional Congress, Mr Sears provided an update on the status of infrastructure upgrades and repairs.

In addition to wheelchair access to public buildings, sidewalks will be redone to include access ramps and the new Parliament building will include a lift so all Bahamians can access the building. He added that the contractors for the Village road project will ensure that proper sidewalks are constructed.

He said: “The Bahamas has a Disability Act. However, most of the public infrastructure is very old. So we have been engaged in the process of retrofitting, that is, installing ramps in public buildings.”

“We also have a small contractors programme where we’re tematically, certainly within

New Providence, to redo sidewalks so that we install ramps on the sidewalk. And we would have applied that also in the most recent project that we’re about to complete on Village Road, where we’ve removed all of the sidewalks, because some of them had cracks and so on in them and we have added to the contractor’s work to install new sidewalks that would be safe for all users as well as proper ramps.

“The government has also made a commitment to build a new Parliament because as you know, now Parliament, we have no lift at the Parliament and it sits on the second floor of the House of Assembly. This is one of the priority areas of government, we will engage team of designers, they have travelled throughout our region and other regions looking at national parliaments. And we will be moving very aggressively to build a new Parliament that reflects that, is in compliance with the Disability Act, and really reflects the aspiration of the Bahamian people.”

Mr Sears said Gladstone Road will include a bicycle lane, street lights will be the ministry has invested in more prominent signage.

He said: “We have started a major programme for the redevelopment of existing roads and also designing new roads. On the Gladstone Road development project, in addition to dual carriageway sidewalks, we’re also putting in place road for bicycles, and better facilitation to encourage walking, as well as bicycling so that the road becomes much more multi-purpose rather than vehicle but for the safe use of pedestrian and also introducing bicycle lane in terms of improving lifestyle.”

“In terms of the lighting we also have made a major commitment with the Caribbean development bank to change the lighting from the sodium lights to LED lights, which puts more emphasis on sustainability. And of course, a major focus now is we have invested substantially in the machines that are producing better signage so that we have signage more prominent, and also cat eyes along the road to improve safety, especially in the night.”

Asked by panel moderators what keeps him vulnerable infrastructure on the Family Islands, adding that obtaining equipment and staff in these locations presents a challenge and the ministry is turning utilising private contractors to maintain these areas.

He said: “What keeps me up at night is the old road infrastructure, vulnerable infrastructure, roads that are along the coast in our different family islands. And of course, with rain and significant weather events, you have potholes, the potholes really increase the danger and make the road not as safe as it was intended to be.

“Also lighting, signage. And so clearly putting in place a robust maintenance infrastructure. And that involves resources, we have to get equipment, we have to maintain a certain level of staff. And increasingly, private contractors to maintain different zones.”

Mr Sears said ensuring our infrastructure is constructed sustainably and flood management are also areas that concern him. He said new bridges are being constructed to ensure the free flow of water and that a 600ft well will be constructed in Pinewood Gardens to alleviate concerns. He maintained obtaining funding to build resilient and sustainable infrastructure is critical to our survival and safety.

He said: “The second concern is the critical need for innovation. So as we maintain our roads and our bridges… the 40 that we maintain, we’re building new bridges, we’re replacing existing bridges. And we’re not building bridges in the water, the base of the bridge, we’ve tried to put it be navigation under the bridge. And unlike in the past, it can allow the free flow of marine life under the bridge.

“So building in a manner to ensure sustainability and resilience and of course getting the money to do it because of the urgency that it has to be done in order to ensure survival and safety.”

“The third aspect is flood mitigation on a very flat island where we have the construction in eco-sensitive areas with heavy rain and certainly hurricanes it floods very quickly. So we’ve put a very major focus on flood mitigation on our roadway, better installation of swales, wells... we are introducing some deeper wells, in an area where historically we’ve had flooding, we are piloting a 600ft well, in the Pinewood Gardens area.” are not giving up on their Paradise Island restaurant plans despite yesterday’s reversal. “Our client’s brands, Wendy’s and Marco’s Pizza, share a common goal in wanting to provide hot quality food using the best ingredients and served with excellent service. Their success is the result of doing things the right way,” she said.

“Wendy’s has demonstrated an unwavering commitment to serve fresh food, at a fair price, in a comfortable atmosphere. They are a global family brand built on values of quality, service and always strive to create joy and opportunity in the communities they serve. Two beautiful and modern restaurants are in the works that will make everyone proud on Paradise Island, providing a place where guests can get quality hamburgers made from fresh beef at Wendy’s and enjoy quality pizza from Marco’s Pizza.

“The Town Planning Committee had previously granted approval to Wendy’s for its Paradise Island location. Unfortunately, the application was heard

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in March 2022 when COVID restrictions were still in place with regard to public meetings, and it has been held that the Town Planning Committee did not carry out adequate public consultation, so the approval has been set aside on this technicality and for no other reason,” Mrs Lockhart-Charles added.

“This technicality has delayed the process, as there must now be a public hearing. Wendy’s welcomes the public hearing and looks forward to sharing with its customers and the public its exciting plans for the development of its Paradise Island location.”

The appeal board’s ruling will likely delight Atlantis and the other Paradise Island hotels that had united in opposition to Aetos Holdings’ plans and sought to block its efforts to convert the former Scotiabank (Bahamas) branch into a restaurant destination for its Wendy’s and Marco’s Pizza brands.

Atlantis had teamed with fellow hotels, the Ocean Club and Comfort Suites, plus Hurricane Hole’s developer, Sterling Global Financial, as well as the Paradise Island Tourism Development

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Association in a bid to appeal the original Town Planning Committee approval on the basis that converting the bank into fast-food restaurants would create “a potential obstacle for planned luxury resort and residential development”.

The mega resort added that such projects are planned by itself, Four Seasons (the Ocean Club) and Hurricane Hole’s developer, and allowing the presence of Wendy’s and Marco’s Pizza will cause “incongruence with the idyllic setting of Paradise Island” and “erosion of the natural, scenic and aesthetic environment”. However, none of these grounds ultimately swayed the appeal board’s decision. Describing the verdict as a “testing” one, it added:

“The appellants [Atlantis and the hotels] jointly challenge the decision under appeal on the basis that same is irrational/unsustainable due to the congestion of traffic, environmental concerns, parking, impact on luxury of the island. Further challenges relate to covenant challenges and decisions going against the wishes of residents and business owners on Paradise Island.

“What, however, has concerned the Board on this appeal most is the position advanced that there was no application in accordance with the Planning and Subdivision Act. The public hearing was not consistent with the Planning and Subdivisions Act or, alternatively, if the hearing was in fact a public hearing it was not conducted in accordance with settled legal principles.”

The appeals board added that compliance with the processes and procedures set out in law by the Planning and Subdivision Act was vital to obtaining the necessary approvals or otherwise such permissions would be rendered “meaningless”. And it noted that public hearings and consultations “must be fair”, with all relevant drawings, information and materials provided to interested parties so that they can give informed feedback. There was “no evidence” that notice was given of a public hearing, although many of Aetos Holdings’ opponents were invited pri- vately and did attend the hearing. “In addition, the nature of the information being requested, such as drawings, signage etc, are all information that ought to have been available in advance for consideration and comment by those being consulted,” the appeals board said.

“Having concluded that for such approval to stand there must be an application in accordance with the Planning and Subdivisions Act and public consultation as aforesaid, and same not having taken place, the appeal is allowed and the decision is therefore set aside.....

“[It] does not appear that an adequate opportunity was afforded to all parties to receive materials and make representations before a decision was made by the Town Planning Committee and this is fortified by the lack of documentation contained in the record of appeal provided.” The appeals board said Aetos Holdings is free to appeal its findings to the Supreme Court, and made no decision or findings on the other grounds of appeal raised.

The former Scotiabank branch occupies a key spot at the junction of Harbour Drive and Paradise Beach Drive. Drivers coming on to Paradise Island reach it before they get to Atlantis, Hurricane Hole and any of the other resorts, while persons exiting via the offbridge also have to pass it. It is also within walking distance for both the thousands of staff and tourists at Paradise Island’s hotels, giving any fast food operator a lucrative and large market to tap into.

Atlantis, in appeal documents, said neither itself nor any of its subsidiaries had seen the original application for “change of use” from a bank branch “to a fast food restaurant location, namely to be used for Marco’s Pizza and Wendy’s restaurants”, that was submitted to the Town Planning Committee on October 26, 2021.

The planning authority gave preliminary approval for the change on March 29, 2022, prompting Atlantis to lodge its notice of appeal on April 20, 2022. It argued that the decision “was made with insufficient merit and regard to the adverse impacts on residents and commercial operations on Paradise Island”, with the negative impacts including increased traffic congestion and parking demand on Paradise Island.

Where Atlantis succeeded was its attack on the Town Planning Committee’s decision via procedural matters by arguing it was “unlawful” on the basis that no public consultation had been held. Arguing that their had been non-compliance with “the record of appeal”, as several documents required by law had not been provided, Atlantis said “change of use” applications are not mentioned in the Planning and Subdivisions Act 2010.

Regardless, the mega resort argued that “in any event, no matter what type of application for development is made”, a public hearing was mandatory before the Town Planning Committee reached its decision.”It is now apparent that no public hearings were held,” Atlantis said.

“The meeting held by the Town Planning Committee on March 15, 2022, was not a public hearing.

“Whilst it is appreciated that [the Atlantis subsidiaries] were notified of and allowed to attend the meeting, that notification and attendance were not sufficient” to qualify as a public hearing. No notice of such a hearing, and/or informing the public it was being held, were included in the record of appeal.

“As a result, it is now submitted that the absence of any public notice, and therefore of any public hearing, is a further reason why the Appeal Board ought to overturn the decision of the Town Planning Committee,” Atlantis said. “Providing an opportunity for public input is a mandatory step that the Town Planning Committee must take before making a decision in any application for development.

“The importance of holding a public hearing cannot be underestimated. The public ought to have an opportunity to be notified and consulted regarding any development within their community. This was not done in the instant case... Accordingly it is submitted that the Town Planning Committee’s decision in the instant case to grant preliminary support of application was unlawful.”

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(a) Ramseyville Ltd. is in Voluntary Dissolution under the provisions of Section 138(4) of the International Business Companies Act 2000.

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Dated 14 June 2023