A St. David?s developer has submitted a second retroactive planning application to fix an illegal home before enforcement action is taken against him. He could face a $25,000 fine.

Derek Wright, of Richardson and Wright Construction, sought final retroactive Planning approval this month for revisions to two new homes on Lot No. 6, Tranquillity Lane, St. David?s.

On June 3, 2002, Mr. Wright was granted permission to build two homes on the site. However, the homes were not built according to the approved plans.

They were higher than the two-storey maximum and the massing and scale of the development had a negative impact on the neighbourhood. As a result, Mr. Wright applied for a retroactive revision on November 15, 2004, but was refused by the Development Applications Board (DAB) on May 18, 2005.

The DAB expressed concern that Mr. Wright had showed blatant disregard for the planning process and requested the Minister of the Environment take appropriate measures.

Under the Development and Planning Act 1974, enforcement procedures can result in a fine of $25,000 for each infraction.

In order to avoid a fine, Mr. Wright has now hired architects Cooper & Gardner to bring his illegal homes into line with the Bermuda Plan 1992 Planning Statement. Lorraine Huinink of Cooper & Gardner wrote a letter to Director of Planning Rudolph Hollis on October 11.

She said her client Mr. Wright had stopped all work at the site as requested. In particular, an upstairs powder room will be removed and an uncovered porch put in its stead, she said.

?The result of these changes is that the lower level no longer has the capacity for conversion as a separate dwelling unit, the three-storey element is removed and there is no continuous vertical facade in excess of 24-feet.?