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Developers could be hit with civil penalties

Stuart Hayward

Developers could be hit with civil penalties under a raft of new robust measures aimed at tackling those that flout planning rules.

The policy was first announced in last week’s Throne Speech and will see the Director of Planning given powers to issue enforcement notices.

A spokeswoman for the Ministry of Home Affairs told The Royal Gazette that the present system for enforcement of breaches of planning control or unauthorised development was “not as effective or expeditious as it could be”.

“Consequently, a ‘build it now, sort it out later’ attitude prevails on the part of some landowners and contractors,” the spokeswoman said.

“An overhauled enforcement regime would empower the Director of Planning to issue enforcement notices and impose civil penalties.

“Civil penalties could be imposed, for example, for development undertaken without planning permission, development that is not in accordance with the approved plans or which is contrary to a condition of the planning permission, and development that damages or destroys a designated protection area.”

Stuart Hayward, chairman of the Bermuda Environmental and Sustainability Taskforce, welcomed the move by Government.

“BEST is pleased that there will be a more workable mechanism put in place to address Planning infractions,” he said. “Our wish is not to depend on a punitive approach but to inspire understanding of the need for policies and encourage voluntary adherence to the rules and, if possible, head-off intentional breaching of the regulations.”

The Ministry spokeswoman also told The Royal Gazette that the Government would look to address an “anomaly” in the planning process.

She said: “In reviewing the current enforcement provisions, the Government seeks to resolve an anomaly whereby a planning search used by prospective purchasers of land to ascertain whether there is any unauthorised development on a property, brings to light unauthorised development that is too old for enforcement action to be taken.

“In those situations, although enforcement action cannot be taken, neither can the breach of planning control become authorised.

“A new mechanism is needed to regularise these time-expired development cases.

“The aim is to lay out the enforcement provisions in a manner that is more easily understood and to beef up the enforcement tools at the Director’s disposal.”