Planning experts say minister should explain his decisions

The Environment Minister should give detailed reasons if he goes against the advice of an independent inspector, according to planning consultants.

The call comes after a judge sent the SandBar project on Warwick Long Bay back to the drawing board because Glenn Blakeney failed to give reasons for his decision to allow the controversial development to go ahead.

The beach bar and restaurant was initially refused by the Development Applications Board amid environmental concerns.

And when that decision was appealed by developer Belcario Thomas, an Independent Planning Inspector also advised against it.

But Mr. Blakeney went against the advice and gave the project the go-ahead without setting down reasons for his decision.

Planning consultant Peter Adwick told the Sun he believed a Minster should always give reasons if he goes against the Independent Planning Inspector’s recommendations.

He said: “There is no doubt that any system such as the planning system should be reviewed from time to time.

“What is perhaps peculiar in Bermuda is that the Minister does not have to give reasoning when he decides an appeal case.

“In most appeals an independent inspector from the U.K. is tasked with reviewing the appealed application and making recommendations.

Impartiality

“The Minister can take or leave the recommendations. If he goes against the recommendations he should explain his reasoning to the public.

“It is essential that the public sees why a decision is made to prevent any impression of impartiality or bias – there are probably perfectly good reasons why a decision has been taken.”

Independent planning consultant, Aideen Ratteray Pryse, said that it was common sense for the minister to provide reasons for his decision.

She added: “The rules that are in place are sufficient. It is just a matter of natural justice that you get a reason why a decision has been taken.

“It is logical that if the Minister goes against the recommendation of the planning inspector he should give reasons for it.

“Obviously if he follows the recommendation then the reasons will be included in that report.

“This does not need a change in law – common sense should just prevail.”

Stuart Hayward, chairman of BEST, the environmentalist group that fought against the Warwick Long Bay development, told the Sun the case had shown there were “flaws” in the current system.

He added: “It would not hurt to look at the system.

“The first step would be to task a group of people to look into what could be changed.

“These people should be planners and experts in the field as they would be in the best position to see what should be changed.

“There are a number of issues with planning policy that need attention in Bermuda. This case has shown there are some deficiencies in the process.

“They really need to be shored up so they are not exploited.”

We contacted government seeking comment from Minister Glenn Blakeney but received no reply by press time.