Planning abuses under scrutiny

Islanders who continue to flout planning laws could be in for a rude awakening.

Moves are afoot to ensure that abuses of the system — which carry fines of up to $25,000 — are policed more aggressively.

It’s a long-standing problem as islanders press ahead with construction projects without permission.

Environmentalists say the enforcement system for dealing with abuse of the process lacks teeth.

The abuse of the planning system was highlighted recently by the Development Applications Board as it considered two retroactive planning applications last month.

Members of the board expressed concern about the number of applications they were receiving where work had already been started or completed without the required consent.

They have asked the Assistant Director of Planning, Kim Bennett, to take the matter up with Environment Minister Glenn Blakeney to see what steps could be taken to provide a reasonable deterrent to people who ignore the system.

Mr. Bennett told the Sun that “retroactive applications” — where developers apply for planning permission after work has started or even been completed —were a “recurring theme”.

He said: “A lot of people do not seem to realize that going ahead with the building process without proper permission is a criminal offence.

“It is punishable by a fine of up to $25,000.

“So there is a remedy in existence — it just has not been used very often.

“We are exploring ways to make more use of this in appropriate cases where it is clear there has been a deliberate breach of planning legislation and some clear harm has been caused as a result.”

Concern

Mr. Bennett added: ‘The board members expressed their concern about the number of retroactive applications at one of their recent meetings.

“We do get reports from members of the public when new construction work starts in their area.

“And we investigate these reports to see if the appropriate planning permission has been obtained.

“If it has not, the Minister can issue an enforcement notice ordering that the work should stop or a structure should be taken down.

“Often the abuse of the system can be because people are not aware they need permission or sometimes people simply choose to ignore the process.”

In April the Sun revealed that Digicel was told to take down a telecommunications mast in Smith’s after it was erected apparently without the required planning permission.

DAB members accused the telecommunications company of a “blatant disregard” for the planning process and the Minister subsequently issued an enforcement notice.

Digicel has since appealed against the decision of the DAB to Minister Glenn Blakeney and a final decision is pending.

Last month the board dealt with two further retroactive applications where applicants had gone ahead with projects without proper planning permission.

Members ultimately approved one application to build a bird atrium and pergola in Smith’s on the basis of a misunderstanding by the applicant.

But they have deferred making a decision on the second application — where a six-foot chain linked fence, a goat enclosure, a chicken coop and run were erected and soil stockpiled in Paget — to give the applicant time to take down structures and restore the site to its previous condition.

Stuart Hayward, chairman of the Bermuda Environmental and Sustainability Taskforce, told the Sun that retroactive applications undermined the credibility of the entire planning process.

He said that in the first quarter of 2010 there were more than nine such applications.

Mr. Hayward added: “When developers or homeowners engage in illegal or unpermitted development they will often apply for retroactive permission, following a strategy of begging for forgiveness rather than asking for permission… Far too often such requests for retroactive permission are granted.

“In this way the laws and regulations that have been put into place to guide development are deliberately violated, then infractions are rewarded when they should be punished.”

He said that the “perverse practice” was becoming “pervasive”.

Mr. Hayward added: “The effect of this practice is that it undermines the credibility of the entire development planning process, violates Bermuda law and, if allowed, promotes further lawless conduct by developers.

“Granting applications retroactively conditions the public to view ‘after-the-fact’ applications as not only acceptable but legitimate.

“Such illegal actions must be met with the strongest of sanction rather than permission.

“The remedy is for retroactive applications not to be granted unless there are compelling reasons.

“These reasons should be stated as part and parcel of the published announcement of the grant. If permission is not granted, the applicants should be required to remove the illegal construction.”