The developer who was taken to court by residents of St Joseph over the construction work at Joe’s River, a public attraction with a natural watercourse, says he has made a generous proposal which should solve the vexing issue of access to Joe’s River gully.
However, it seems the proposal has led to a fall-out between one of the vocal residents who was at the forefront of the objection to the controversial development and a senior member of his legal team.
Victor Lewis, whose name is one of two residents which appear on an injunction filed a year ago, told the Nation team he had been “kicked off” the team by attorney-at-law Gregory Nicholls, for voicing his concerns about the proposal on a social media talk show.
“I got a letter from Gregory saying he’ll be kicking me off. I think the truth must be told and any forum where the truth must be told, it will be told,” 67-year-old Lewis insisted.
On the show, which was held back in March, Lewis voiced disapproval over the proposal made by the developer and questioned the actions of both Nicholls and Attorney General Dale Marshall, the constituency representative for St Joseph, who is assisting with the legal matter.
In a press release, Ullswater Investment Ltd, the company behind the transformation of the old Edgewater Hotel into a beach house and villa, explained that they had made the proposal since last December, which provided adequate access to the Joe’s River gully and that they had also agreed not to construct a wellness centre on their land.
“Specifically, the existing proposed settlement agreement gives the public permanent access over Tenby’s private property to both the “Teacup and Saucer” and Joe’s River on the Atlantic side of the railway trace and Joe’s River Bridge. This access is via the footpath from the railway trace which leads down to the riverside on the eastern (Atlantic) side of Joe’s River Bridge and also up to the Teacup and Saucer lookout over the east coast.
“An opening through the rocks to the Joe’s River area will be created to provide direct access to the river (which does not currently exist). Furthermore, the owners of Tenby have agreed not to build a wellness centre on this part of their land – for which they have full planning permission – as a part
of this settlement. This will ensure an uninterrupted view of the Joe’s River mouth and the Atlantic Ocean looking east and north from the Joe’s River Bridge.”
Calling it a win-win situation, they added: “The garden wall on the western side of the railway trace at this southern end of the bridge will be completed as planned, enclosing the area around Tenby villa and a wooden garden fence will be erected directly underneath the Joe’s River Bridge, so as to provide privacy and security for the rest of the private Tenby property. The wooden garden fence will not be visible from the bridge.
However, Lewis, 67, reiterated that the proposal was not acceptable and contained safety factors.
“Mr Marshall met with us. He really had his concerns relative to the safety of individuals travelling towards the Joe’s River Gully. The proposals that were made were totally counter to what he’s against. So I don’t think that, in my opinion, looking at all the proposals that were made thus far, it doesn’t appear as though Mr Marshall has any say as to what will be done and what will not be done.”
Lewis added: “So looking at it on its face value, it looks as if they are offering the public a number of things that would kind of solve the issue. Now, there’s a lot of matters there that [are] of concern.”
He questioned who owned the land associated with the train line and said if Government previously owned the land, who gave them the right to sell what was part of a historical park.
In terms of the access to Teacup and Saucer, Lewis said the proposed access could pose a danger to the public.
“That, technically speaking, is an insult to Bajans asking us to accept teacup and saucer from the area below that we know is a very dangerous area. The water comes straight up to the bank . . . .”.
In terms of his fall-out with Nicholls, Lewis said he invited the lawyer to the area to see the flaws in the proposal, but he never turned up.
When contacted, Nicholls said the matter was still being negotiated.
“I am still engaged in this matter representing the public interest through the clients who came to me in relation to the construction of these walls at the end of the footbridge at Tenby which will restrict access to the river basin, Joe’s River and to the installation called Teacup and Saucer. As far as it stands, I can confirm that we have been in receipt of an offer of settlement.
“I am not sure why the other side is making this public. We are in discussions in relation to the matter and those settlement discussions are without prejudice. My clients have to accept the terms of the settlement and the owner has to accept any counters that my clients have put in relation to that matter.”
He said the defendant (Ullswater Ltd) had since applied to the court to strike out the entire claim of the claimants because the witness statements were not filed on time and the matter was set to be heard on Thursday.
“So, while they are purporting that they want to be magnanimous and settle, they are still at the same time going to the court to ask the court to strike out the claim and that behaviour is not consistent with anybody who wants to generally settle and resolve the matter.”
In terms of his relationship with Lewis, the attorney stated: “I have written to Mr Victor Lewis in connection with an issue that we have had. I have not heard from him since I have written to him in April. As far as I am aware, Mr Lewis is still involved in the matter but he indicated that I had a challenge with something that has occurred. I wrote to him about that challenge.
“I am not at liberty to speak about the specifics about it because you don’t get into your client’s business in a public forum, but I am prepared for court.”
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