Department of Planning
Oame Lois Browne-Evans Building, 58 Court Street, Hamilton HM 12, Bermuda
Phone. (441) 295-5151 Fax: (44 1) 295-4100
Development Applications Board Minutes
Minutes of a meeting held on Wednesday, 6 November, 2019, at 12:00 am at the 5th Floor, Dame Lois Browne-Evans Building, 58 Court Street, Hamilton HM 12.
PRESENT: Dexter Johnston, Chairman; Wendy Dunne, Deputy Chair; Charlita Saltus; Alice Lightbourne; Corporation of St. Georges Representative; Wayne Dill
APOLOGIES: Denis de Frias; Dalton Burgess; Corporation of Hamilton Representative; Chief Fire Officer; Cynthia Millett;
ITEMS FOR DISCU SSION :
- Delegated Powers
On 31 July 2019, the Board agreed to the wording of the attached Scheme of Delegation which sets the scope of applications which are to be determined by the Director rather than the Board. Following discussions with Attorney General‘s Chambers, this scheme has been revised to the attached V.2 dated 06 November 2019.
The Board agreed to the wording of this revised document, which is intended to form the basis of a Statutory Instrument to be drafted imminently.
- Emergency Quarrying for Slate
On 09 October 2019, in light of the recognised urgent need for a supply of slate to repair the roofs of properties which were damaged by Hurricane Humberto in September 2019, the Board agreed to temporarily waive the usual advertisement requirements for those planning applications proposing quarrying for the purposes of cutting slate under Section 13 of the Development and Planning (Application Procedure) Rules 1997, subject to the following guidelines:
- Advertisement requirements be waived for such applications received by no later than 31 October 2019.
- Proposals for substantial quarrying on sites which have not been previously quarried or where a Conservation Base Zone and/or Conservation Area would be affected shall be advertised in the usual manner.
- Applications would be reviewed and deemed approved by technical officers.
- The following conditions would be attached to all approvals.
- For the avoidance of doubt, the consent hereby granted is for planning permission only. An application for a Building Permit must be submitted within 3 days of the commencement of quarrying operations on site.
- The hereby approved quarrying shall take place only between the hours of 7am and Rpm Monday through Friday (no Saturdays, Sundays or Public Holidays) unless express written approval is provided by the Department of Environment and Natural Resources and all works shall cease within 3 months from the date of commencement of quarrying operations unless an extension is granted by the Board.
- The hereby approved quarrying operations are specific to the application site and, for the avoidance of doubt, no material shall be brought to the site to be processed.
- For the avoidance of doubt, the hereby approved quarrying operation shall cease when the stocks of material extracted from the application site have been depleted and reach proposed grades as shown on the hereby approved plans
- For the avoidance of doubt, the hereby approved quarrying operation is restricted to the defined area on the site as delineated on approved plans.
- For the avoidance of doubt, the hereby approved quarry operation involves a controlled plant in the form of a slate cutter. A construction permit and operating license for the controlled plant must be obtained from the Department of Environment and Natural Resources and submitted with the Building Permit application.
Given the unforeseen delay in quarrying applications being submitted and to address the urgent demand for slate which still exists, the Board agreed to extend these emergency measures to applications which are received by no later than 31 December 2019.
- Agenda Reports
The Board was advised by the Acting Senior Planning Officer that, in line with the Minister's direction for the Department to operate paperless, the Board will no longer be provided with paper copies of agendas. It was recommended that Board members bring laptops or tablets to meetings so the reports can be accessed without having to use paper. The Board queried whether this would be allowed by security of the Dame Lois Browne Evans Building, which officers advised would be investigated.
APPLICATIONS:
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- BRLrnr/ dd HO using Corporation
18 Battery Road
SI. Gecrge's, BM DD 02
Proposed 14 Loft Residential Dwelling Units (14 Units Total) via Additions and Renovations to Include 2 New Cess Pits (2,304 cu. ft. Capacity), Water Tank (84,880 Gallon), Remove Asphalt between Buildings and Replace with Landscaping.
P0087/19 Type: Final Approval Planner: Paul McDonald
Decision: Approved
Discussion: The technical officer presented the application details to the Board.
The Board queried whether the proposed loft units would be studios. The technical officer advised that these are one bedroom units.
The Board sought clarification on private and communal outdoor space and raised concerns that the location and amount of communal space is not specified. The technical officer advised that private space
would be provided in the form of balconies and enclosed gardens and, whilst no communal space is identified on plan, this would be provided in the unenclosed lawned areas and a significant amount of land which can be used as communal open space already exists within the lot. The technical officer further noted that the entire lot is surrounded by Park zoning, so the local area is particularly well served by usable open space.
The Board queried where trash would be stored. The technical officer advised that a condition has been recommended requiring such details to be submitted at building permit stage.
The Board sought clarification as to where the proposed cesspits would be located.
The technical officer advised that this detail is shown on the originally submitted drawings but is omitted on the revised drawings. The Board requested that a condition be included requiring details of the cesspits to be provided at building permit stage.
The Board resolved to support the technical officer's recommendation to approve the application. The Board RESOLVED:
To approve the application, as received March 28, 2019, subject to the following conditions:
1. The development hereby permitted shall begin before the expiration of 2 (two) years from the date of this permission.
For the avoidance of doubt the consent hereby granted is for planning permission only. Prior to the commencement of building operations a separate application for a building permit must be made and
approved, which shall include full details of cesspits to serve the development.
- In the interests of visual amenity, the entire site subject of this application shall be landscaped in accordance with the hereby approved plans prior to the issuance of a Certificate of Completion and Occupancy. Any trees or shrubs shown on approved plans which are remo\/ed, which die or which become seriously diseased or damaged shall be replaced by trees and shrubs of similar size and species to those originally required to be planted
- Parking and manoeuvring space for at least 18 cars and 14 cycles shall be established for use in accordance with Policies TPT. 20 and TPT. 22, Chapter 12 of the Draft Bermuda Plan 2018 Planning Statement, prior to the issuance of a Certificate of Completion and Occupancy.
S. The private outdoor living space shown on the hereby approved plans shall be established for use in accordance with Policies DSN, 16 and DSN. 17, Chapter 9 of the Draft Bermuda Plan 2018 Planning Statement, prior to the issuance of a Certificate of Completion and Occupancy.
- Details of a communal garbage storage area shall be submitted with the building permit application and established in accordance with Policy DSN.22, Chapter 9 of the Draft Bermuda Plan 2018 Planning Statement prior to the issuance of a Certificate of Completion and Occupancy.
2. Barry Ridings 24 Shcre Lane
S/. George's, BM HS 02
Proposed Art Studio and New Septic Tank with Sand Filter Soakway
P0160/19 Type: Final Approval Planner: Tamsyn Doran
Decision: Approved
Discussion: The technical officer presented the application details to the Board. The Board resolved to support the technical officer's recommendation to approve the application.
The Board RESOLVED:
To approve the application, as received May 14, 2019, subject to the following conditions:
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- The development hereby permitted shall begin before the expiration of 2 (two) years from the date of this permission.
- For the avoidance of doubt the consent hereby granted is for planning permission only. Prior to the commencement of building operations a separate application for a building permit must be made and approved.
- If during construction a previously undetected cave is discovered, the applicant shall cease all construction operations and immediately contact the Department of Planning to re-evaluate building options and agree
on a suitable course of action. Construction operations shall not recommence until the approved option has been agreed in writing.
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- In the interests of visual amenity, the entire site subject of this application shall be landscaped in accordance with the hereby approved plans prior to the issuance of a Certificate of Completion and Occupancy. Any trees or shrubs shown on approved plans which are removed, which die or which become seriously diseased or damaged shall be replaced by trees and shrubs of similar size and species to those originally required to be
planted.
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- In order to protect the amenity of the neighborhood, the hereby approved art studio shall not be used for residential purposes and no trade or business shall be carried on therein without the prior expressed permission of the Board.
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- Se/era Me//o
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7, 9, 1 1 Cri'cket Lane
Sandys, DM MA 03
Application for Importation, Storage and Distribution Business and Associated Operations
(Retroactive), Two Storey Light Industrial Warehouse Storage FaciJity with Hydroponic Green House Associated with the Importation, Storage and Distribution Business, Conversion Of Previously Approved Guest Suite into 8th Dwelling Unit (Studio), Temporary Storage Facilities (14
Containers and 3 Sheds (Until 31 October 2022)) for the Importation, Storage and Distribution Operation, Alterations to the Existing Access off Somerset Road, a New Access onto Cricket Lane and New Parking Areas.
P0306/18
Type: Final Approval Planner: Tamsyn Doran
Decision: Approved
Discussion: The technical officer presented the application details to the Board.
The Board sought clarification on the total number of parking spaces allocated for the residential units. The Technical officer confirmed that 9 external car parking and 1 internal car parking space (within drive in garage) was proposed for a total of 10 car parking spaces and 8 bike parking.
The Board requested the description be revised from:
"Retroactive Application for Partial Change of Use for Importation, Storage and Distribution Business with Associated Operations, Two Storey Light Industrial Warehouse Storage Facility with Hydroponic Green House, Conversion of Previously Approved Guest Suite into 8th Dwelling Unit (Studio), Temporary Storage Facilities in 14 Containers and 3 Sheds (3 Years Maximum) and a New Access onto Cricket Lane and New Parking Areas.”
To read as follows:
"Application for Importation, Storage and Distribution Business and Associated Operations (Retroactive), Two Storey Light Industrial Warehouse Storage Facility with Hydroponic Green House Associated with the Importation, Storage and Distribution Business , Conversion of Previously Approved Guest Suite into 8th Dwelling Unit (Studio), Temporary Storage Facilities (14 Containers and 3 Sheds (Until 31 October
2022)) for the Importation, Storage and Distribution Operation, Alterations to the Existing Access off Somerset Road, a New Access onto Cricket Lane and New Parking Areas."
The Board requested that a condition be added clarifying that the approval of the retroactive use is contingent on the light industrial warehouse being constructed with all remaining containers and sheds being removed from the site and the industrial use being restricted to only the non-residential part of the site, as illustrated by the submitted plans.
The Board alsc sought clarification as to the monitoring of the expiry date (31 October 2022) associated with the temporary approval of the containers and sheds.
The Technical officer stated that the Department would monitor this date, subject to available resources, however, the onus is ultimately on the applicant to ensure compliance.
The Board resolved to support the technical officer’s recommendation to approve the application. The Board RESOLVED:
To approve the application, as received August 27, 2018, subject to the following conditions:
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- The development hereby permitted shall begin before the expiration of 2 (two) years from the date of this permission.
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2. In order to provide for the safe flow of traffic from Somerset Road and Cricket Lane, access details shall conform to
the requirements of Policy TPT. 11, Chapter 11 of the Bermuda Plan 2008 Planning Statement and shall ensure that at the point of access onto the public road, sight lines for a minimum distance of 90 feet can be achieved in either direction from a point 6 feet back from the edge of the carriageway.
3 In order to avoid the discharge of surface water onto the public roads, provision shall be made for the control and disposal of storm water within the curtilage of the application site. Such measures shall be installed prior to the
issuance of a final Certificate of Completion and Occupancy.
4 In the interests of visual amenity, the entire site subject of this application shall be landscaped in accordance with the approved interim and final landscape plan. Any trees or shrubs shown on approved plans which are removed, die or become seriously diseased or damaged shall be replaced by trees and shrubs of similar size and species to those originally required to be planted. Similarly, any trees which are shown as being retained on approved plans
and are removed or damaged during the course of excavation or construction, shall require the submission of a revised landscaping plan, via an Application for Revision, showing details of the size, species and number of new plantings to be installed to replace any damaged or destroyed trees.
Parking and maneuvering space for 14 cars and 13 cycles and 3 vans shall be established for use in accordance with Policies TPT.20 and TPT. 25, Chapter 11 of the Bermuda Plan 2008 Planning Statement and the approved plans, prior to the issuance of a final Certificate of Completion and Occupancy, to service the new light industrial storage/green house structure and all residential units on the site.
6, For the avoidance of dou bt, planning permission is hereby granted specifically for the scope and extent of uses described in the application submission. Any alternative use or change in operational circumstances shall require express prior permission from the Development Applications Board.
In order to safeguard the amenity of the neighborhood, the hours of operation of the hereby approved development shall be restricted to Monday to Saturday from 8 am — 5 pm only.
- In order to safeguard the amenity of the neighborhood, the hours of operation of the hereby approved development shall be restricted to Monday to Saturday from 8 am — 5 pm only.
- For the avoidance of doubt, the hereby approved retroactive use for an importation, storage and distribution operation is continqent on the light industrial warehouse facility being completed with all other containers and sheds within the southern rear yard area being removed from the site by 31 October 2022. The Board has not granted approval for the retroactive use to operate out of any other part of the site or beyond this date.
- For the avoidance c f doubt the consent hereby granted is for retroactive planning permission only. A separate application for a retroactive building permit must be made and approved.
- All structures, inclusive of 14 containers to be relocated and 4 existing sheds to remain as currently located (3,521 sq. feet total), and their use as part of the existing warehouse business are hereby granted temporary approval until 31 October 2 f)22. The use shall be discontinued and structures removed on or before this date unless an extension is expressly granted by the Development Applications Board.
- Prior to the application for a Building Permit for site works to commence, six existing shipping containers and the three barn structures as shown on the hereby approved Demolition Plan (Plan D-1), shall be removed from the site. A Demolition Permit must be obtained for the demolition of the barn structures.
- Prior to the commencement of work on the warehouse structure, a Phase 1 building permit must be obtained for the relocation of 14 containers, installation of the new access to Cricket Lane (inclusive of drainage mitigation), improvements to the Somerset Road access/egress, installation of all residential car and bike bays servicing nos. 7, 9 and 11 Cricket Lane, installation of the private outdoor spaces for Units 1, 2 and 3 at no. 11 Cricket Lane and for all three units at nos. 7 and. 9 Cricket Lane, as shown on the hereby approved Interim landscape Plan L-1. The Phase 1 works must be installed and signed off before a Phase 2 permit for the warehouse can commence.
- Upon completion of the warehouse structure, only a partial Certificate of Completion and Occupancy will be issued and no form of Certificate of Completion and Occupancy will be issued for the new studio unit (8th unit) at No. 11 Cricket Lane until all time-limited approved containers and sheds have been removed from the site, the final residential parking layout have been installed, private outdoor spaces for Units 4 and 5 at No. 11 Cricket Lane have been installed and all other landscaping has been installed, as shown on the hereby approved Final Site Plan (Plan C-1).
- In the interest c f visual amenity, the hereby approved walls shall be faced with Bermuda stone or rendered and finished to give the appearance of Bermuda stone, and completed prior to the issuance of a Certificate of Completion and Occupancy.
- In the interest of visual amenity, there shall be no deposition or storage of excavated material on site and all excess unused material shall be removed from the site during the course of building operations and prior to the issuance of a Certificate of Completion and Occupancy.
- The residential gafbage storage and light industrial/greenhouse dumpster designated areas, as shown on the appfoved plans, shall be established in accordance with Policy DSN.21, Chapter 8 of the Bermuda Plan 2008 Planning Statement, prior to the issuance of a final Certificate of Completion and Occupancy.
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