Background

Pear Tree Bottom is a natural area just west of Runaway Bay on Jamaica’s north coast. It contains unique ecological features – see below – and was “developed” by Tankweld in 1993. A fair amount of damage was done at that time. More recently, it has been sold by the GOJ to the Pinero Group (precise details of sale unknown) and a development of a 1918 room hotel, with two five-storey blocks and one seven-storey block is currently underway.

Ecological Importance of Area

Undisputed. Environmental Impact Assessment confirms. Unique combination of features in small area - dry limestone forest, fresh water marsh, river, aquifer recharge, coastal wetlands, habitat for birds, snakes, turtle nesting beach, outstanding coral reefs.

Attempts at Protection

Listed in the Green Paper (#1/95): Towards a System of Parks and Protected Areas . Community efforts were made to have the site protected when Tankweld development was done in 1993.

Environmental Impact Assessment

Required by the National Environment and Planning Agency (NEPA). Done by Environmental Solutions Ltd. Critiques submitted by a variety of organizations and individuals. JET/NJCA critique available on the JET website at www.jamentrust.org.

Public Meeting

Required by NEPA. Held on April 28, 2005 in Runaway Bay. Well attended by over 200 people. Questions about ability of public to effectively participate – report on the public meeting done and submitted to NEPA by Jamaica Environment Trust and the Northern Jamaica Conservation Association (NJCA).

Site Clearance Allowed

NEPA gave permission for site clearance within unknown parameters on April 8 th, before the public meeting was held. Verbal information from both NEPA and HOJAPI project manager that clearing is to facilitate seismographic tests needed to determine specifications for the foundations, and is only to be done ‘in the footprint of Phase 1’. Fence and gates have been erected and large area of the site cleared week of May 16. Fallen trees and debris were burned in large bonfires and several loads of marl spread on top of a bulldozed area of former wetlands on the eastern side. Heavy rain during weekend of May 21 resulted in run off into the sea, threatening coral reefs. Further, site clearance was allowed in advance of an environmental permit being issued.

Dredging

Dredging took place in November 2003 (supposedly under a renewed NEPA permit) by Tankweld. Tons of coral and marine debris from that exercise was dumped on the site just south of the beach. Note that all of the land due south of the beach is designated as ‘Conservation Area’ on the St. Ann Development Order, but has been significantly affected by both the earlier project and this one.

Local Planning Process

Not observed. JET and NJCA believe no application before Parish Council. NJCA has sought confirmation of this in writing by their letter dated May 28, 2005 Has been noted in Parish Development Committee Minutes that the PDC has written letters requesting information on this development but received no reply.

Relevant Policy Documents and Development Orders

Master Plan for Sustainable Tourism (2002) and the Town and Country Planning (St. Ann Parish) Provisional Development Order, 1998 (which was passed in 2000). Questionable whether this large scale development is in compliance with either document. Case seems strongest in regard to the St. Ann Development Order.

Beach Access

Community access to a small fishing beach and bathing beach now allowed only by permission of developers through gates monitored by security guards. The residents claim that no-one can be denied access to the old coast road as it was a gazetted public road and its status has not been legally changed. (NJCA agrees with this).

Supporting Infrastructure (Water, electricity, housing, roads, schools)

Inadequate and insufficient provision made prior to approval. Planning Institute said at the public meeting a study was underway. On May 29, local residents showed NJCA the site of an old well and pump on lands on the south side of the road (not part of Piñero property). They say NWC has given permission for developers to rehabilitate the pump and extract water, and JPS has agreed to put a meter there so they can pay for the electricity. The pipelines will be laid through the wetlands. According to NJCA member, JPS also said to be involved in installing a large generator for project.

Regulatory Action

Following the protests from JET, NJCA and citizens, clearing has been stopped by NEPA and a warning letter written. JET and NJCA do not believe any further action is contemplated. Decision on a permit expected to be taken before the end of June 2005.

Legal Issues

Is it legal for NEPA to allow site clearance before the local planning authority has been consulted, before other government agencies have had a chance to officially state their support/opposition, before the public consultation process has started, in contravention of the St. Ann Development Order and without an environmental permit?

Is it legal to deny community members access to the beach during construction and after the hotel has been constructed?

Jamaica Environment Trust
Northern Jamaica Conservation Association
June 6 th, 2005