NASSAU, BAHAMAS — A prominent Bahamian attorney has expressed “profound concern” over a proposal now before the Town Planning Committee that could pave the way for the extinguishment of long-standing restrictive covenants on high-value residential land in Western New Providence — a move she warns would set a “dangerous precedent” for real estate development across the country.
Gail Lockhart-Charles KC, in a formal statement issued following a public hearing on July 23, cautioned against what she described as a legally flawed and procedurally troubling attempt to alter the foundational rules governing planned communities.
“I wish to express my profound concern following the public hearing convened by the Department of Physical Planning on the 23rd of July 2025, which considered applications seeking the extinguishment of restrictive covenants limiting development on certain parcels of land to single-family residential use,” she said.
She underscored that restrictive covenants are not mere formalities but “fundamental tools in real estate development.” According to Lockhart-Charles, these legal instruments allow a vendor to convey land to a purchaser while preserving certain agreed limitations on how the land may be used. “Enforceability of these covenants provides certainty that the land will be developed in a regulated and planned manner, which in turn adds value.”
At the core of her argument is the contention that the Planning and Subdivision Act provides no legal basis for the Town Planning Committee to entertain such applications outside of the established Zoning By-Law process. “The Planning and Subdivision Act makes it clear that the Town Planning Committee’s authority to impose or extinguish restrictions on land use is exercisable only within the framework of the Zoning By-Law process. Under the Planning and Subdivision Act, Zoning By-Laws are prepared by the Department of Physical Planning under the Director’s direction and subsequently approved by the Minister. There is no provision in the Act for these powers to be invoked in an ad hoc manner through individual planning applications.”
“For the Town Planning Committee to entertain a private landowner’s application for the extinguishment of restrictive covenants sets an exceptionally dangerous precedent for the entire Bahamas,” she added.
She further warned of the broader implications for master-planned communities throughout the country. “There are numerous developments in the East and West of New Providence, as well as elsewhere in The Bahamas, where properties have been sold by developers as part of carefully structured, master-planned communities. Restrictive covenants are a critical component of this framework, providing assurance to hundreds of purchasers that their investments will be safeguarded by the consistent and compliant development of neighbouring parcels.”
“These covenants are designed not only to preserve the distinctive character of these areas but also to afford purchasers the security that the agreed-upon standards will be upheld,” she said.
“For the Town Planning Committee to now insert itself in this process to interfere with, indeed, to totally destroy, a bargain made between two parties which regulates the future use of land sold from party A to party B is an extremely dangerous thing.”
Lockhart-Charles stressed that such a move would upend long-standing expectations for property owners. “Such interference destabilizes the settled expectations of property owners and erodes confidence in the integrity of planned developments.”
She also raised concerns about potential bias in the proceedings. “It was also troubling to observe that, during the hearing, a member of the Town Planning Committee openly and unequivocally endorsed the applications in question. It is a principle recognised both domestically and internationally that members of decision-making bodies must maintain strict impartiality, avoiding even the appearance of bias or predetermination. These standards are essential to preserving public trust and ensuring that all parties, including applicants, objectors, and the general public, are afforded a fair and transparent process.”
“The actions and statements in question raise serious concerns regarding procedural fairness and the proper exercise of the Committee’s statutory functions and erode confidence in the planning process,” she continued.
“All developers, property owners associations and indeed any person who has bought, sold or intends to buy or sell land in a planned development needs to be very concerned that persons who do not wish to comply with the agreed upon restrictions on the use of their land can get the Town Planning Committee to act on their behalf and extinguish those restrictions.”
Town Planning Committee Chairman Keenan Johnson informed Eyewitness News that the Committee has not yet deliberated on the matter. “Unfortunately it would be premature to comment on this matter or Mrs. Gail Lockhart-Charles’ position as the committee has yet to meet to discuss this specific matter,” he stated.
“Once the matter is discussed at the committee level and a decision made, then any interested party involved can determine whether they wish to query or appeal same,” Johnson added. “The committee has the responsibility to review any application before it, listen to the views of the public via a hearing, and make a decision taking into account those views. That is our mandate and we intend to follow that process.”
The application in question involves five parcels of land, each approximately five acres, located on the southern side of Western Road between Old Fort Bay and Lyford Cay. The applicant is seeking to lift restrictive covenants limiting development on the sites to single-family use. The matter was discussed at a public hearing hosted by the Department of Physical Planning on July 23, 2025, at Aventura Plaza.
