Environmentalists seek judicial review of hotel construction
Environmentalists opposed to the construction of the 1,800-room Bahia Principé Hotel at Pear Tree Bottom in St Ann have instructed their lawyers to seek a judicial review of the permit granted to the hotel’s builders.
The move, headed by the Jamaica Environmental Trust (JET) and the Northern Jamaica Conservation Association (NJCA), comes a week before ground is broken for construction of the multi-million dollar project.
“(On) September 27, 2005, a notice was served on the Natural Resources Conservation Authority and the National Environment and Planning Agency (NEPA) by attorneys DunnCox on behalf of Jamaica Environment Trust, Northern Jamaica Conservation Association and others, advising NRCA and NEPA that DunnCox had instructions to seek a judicial review of the decision of the Authority to grant an environmental permit to HOJAPI Limited (Bahia Principé Jamaica) for the construction of a hotel/resort complex at Pear Tree Bay, St Ann,” said a release from the NJCA.
According to the NJCA, the grounds for the review were that the permit was granted unreasonably, in breach of the principles of natural justice and the legitimate expectations of their clients, and that the NRCA acted irrationally in granting this permit.
Last week, legal experts said the action marked the first time that a judicial review was being sought for an environmental permit in Jamaica.
The move by the environmentalists follows several failed efforts to have the authorities address the concerns of environmental groups which claim, among other things, that the construction of the resort complex would have a serious negative impact on the local environment.
In August, JET and NJCA called for the scrapping of plans to build the hotel and suggested that the land be reserved for use as a marine research site because of the unique life forms that exist there.
The environmentalists argued then that the Environmental Impact Assessment (EIA) done on the area confirmed the ecological importance of the site.
Ground is scheduled to be broken October 7 for construction of the hotel, which will be Jamaica’s largest upon completion.
The Spain-based Piñero Group, owners of the project, are among several Spanish resort firms that have invested in Jamaica’s tourism industry. Together, the Spanish firms are slated to build in the region of 6,000 hotel rooms on Jamaica’s north coast.
One such investor, the Riu Group, is operating two Riu hotels in Negril, with a third at Mammee Bay in St Ann, set to open before year-end.