NASSAU, The Bahamas — Attorneys for Sampson Cay Retreat Limited have formally written to the Town Planning Committee raising serious concerns about what they describe as statutory deficiencies in the public notice and consultation process for the proposed Rosewood Sampson Cay development, warning that the matter could proceed to the Supreme Court if not addressed.
In a January 23 letter to Town Planning Committee Chairman Keenan Johnson, Callenders & Co. said the consultation process linked to the site plan application does not comply with the requirements of the Planning and Subdivision regulations and is therefore procedurally unfair and legally vulnerable.
The law firm, which represents Sampson Cay Retreat Limited, operators of Turtlegrass Resort, said public notices published in January 2026 indicated that the application was under review by the Department of Physical Planning and outlined plans for the development of an 813-acre portion of Sampson Cay, Exuma, including a resort, residential lots, marina facilities, and other amenities. Bob Coughlin, CEO of US-based human resources giant Paycor. Coughlin, who retired to the Exumas in 2019, is the president and founder of Sampson Cay Retreat Limited.
According to Callenders & Co., the notices stated that supporting documents were available for inspection in Nassau and Exuma, that written submissions could be made within 21 days of publication, and that a public consultation meeting was scheduled for February 5. However, the firm said the notice contained material errors and internal inconsistencies that undermine the consultation process.
The attorneys noted that the public notice lists the hearing date as February 5, 2025, despite being published in January 2026, calling the error material and potentially misleading. They further pointed out that the scheduled hearing date falls before the expiry of the 21-day consultation period referenced in newspaper publications, making compliance with the notice impossible on its own terms.
Callenders & Co. also raised concerns about access to application documents, stating that under the Planning and Subdivision regulations, consultation is inseparable from continuous public access to all supporting materials that form part of the application. The firm said several core documents listed on the official transmittal form — including the Environmental Impact Assessment and Environmental Management Plans — were not consistently available for inspection during visits to the Department of Physical Planning.
The letter details multiple attempts by representatives to view the full application file in Nassau and Exuma between January 20 and January 22, during which certain documents were either missing, produced only upon request, or unavailable altogether. Requests for copies of documents were also refused, the firm said.
Callenders & Co. further stated that documents said to be available at the Local Administrator’s Office in Exuma were not present at either the George Town or Black Point offices during attempted inspections, despite assurances in the public notice.
“The consultation process is therefore materially defective, as for a substantial portion of the consultation period critical documents forming part of the application were unavailable, withheld, or only produced upon request, notwithstanding that the public notice represented such information would be
available for inspection, thereby depriving the public of the opportunity to make informed and meaningful representations,” the firm noted.
Beyond documentation issues, the firm highlighted logistical concerns related to the scheduling of the public hearing in Black Point during evening hours, citing limited access, the absence of air travel after dark, risks associated with nighttime marine travel, and limited accommodation capacity.
The firm noted: “Further, serious concerns arise in relation to the logistics of the proposed public hearing itself. The scheduling of the hearing for evening hours in Black Point, Exuma presents significant accessibility challenges, including the absence of air access after dark, the risks associated with nighttime marine travel, and the limited availability of accommodation within the community.”
The firm said these factors, combined with the technical complexity of the application and the limited time available for expert review, deprive interested parties of a reasonable opportunity to make informed representations, contrary to established legal principles governing lawful consultation.
Callenders & Co. cited Bahamian and UK case law, including decisions of the Supreme Court and Court of Appeal, which hold that consultation is procedurally unfair where access to critical information is denied or where insufficient time is provided for meaningful participation.
“When considered together with the delayed and incomplete availability of core application documents, these logistical barriers reinforce the conclusion that the consultation process, as presently constituted, cannot reasonably be regarded as meaningful, accessible, or fair. As such, where an application is fundamentally incomplete, the statutory scheme itself contemplates that the application may not lawfully proceed,” Calendars & Co noted.
The firm has formally requested that the public consultation process and the scheduled hearing be suspended until all required documentation is made continuously available for a reasonable period, allowing for expert review.
Failing that, Callenders & Co. said it has been instructed to apply to the Supreme Court for relief, including a stay of the consultation process, on the grounds of procedural unfairness and non-compliance with statutory obligations.
The letter also notes that development works at Sampson Cay are already the subject of ongoing judicial review proceedings in the Supreme Court, and suggests that the Town Planning Committee consider holding the current application in abeyance pending the outcome of those cases.
Callenders & Co. has requested a substantive response from the Town Planning Committee by January 27, 2026.
Town Planning Committee Chairman Keenan Johnson says all concerns and correspondence addressed to the committee are and will continue to be reviewed, in response to concerns about the public consultation process for the Rosewood development on Sampson Cay, Exuma.
“This is an active matter with the Department of Physical Planning. All correspondence and concerns addressed to the department are and will continue to be reviewed,” Johnson said.
His remarks come as the Save Exuma Alliance (SEA) has raised concerns about the public consultation process surrounding Yntegra’s re-filed site plan application for the proposed Rosewood Exuma development.
SEA says a representative recently reviewed the newly submitted documents at the Town Planning Committee headquarters and found the filing to be extensive, highly technical, and detailed. The alliance argues that properly evaluating the material would require expert analysis, but copies of the documents were not available for distribution to consultants or advisors.
The group also noted that, given the environmental sensitivity of Sampson Cay and the potential long-term ecological implications of the proposed development, additional time may be required to consult legal counsel and environmental professionals before meaningful feedback can be provided.
SEA argues the current consultation window, which runs until February 5, is inadequate for a thorough review and informed public engagement.
Further concerns were raised about the scheduling of the consultation meeting, set for evening hours in Black Point, Exuma. SEA described the community as small and isolated, with no air access after dark, making travel difficult and in some cases unsafe. The alliance noted that nighttime boating poses well-documented risks, and the limited availability of accommodations in Black Point makes overnight stays impractical.
SEA members are based across Exuma, New Providence, and other islands, and many have work and family obligations. As a result, the alliance says it would be logistically impossible for a significant portion of its membership to attend the meeting on short notice.
In light of these challenges, SEA is urging the Town Planning Committee to reconsider its approach and grant an extension of several weeks before holding any consultation hearing. The group maintains that without adequate time, accessibility, and the opportunity for informed public participation, the consultation process risks being fundamentally flawed.
In response, Yntegra said it would not comment on matters within the authority of the Town Planning Committee.
“Yntegra refrains from commenting on matters within the sole remit of the Town Planning Committee, including the scheduling and conduct of consultations,” the company said in a statement. “We are fully compliant with all legal and regulatory requirements and have full confidence in the competence, independence, and diligence of the relevant authorities.”
The developer added that it welcomes the opportunity to present its plans at the public consultation meeting scheduled for February 5, 2026, in Black Point, Exuma.
