'Blatant disregard for the process'
Planning officials have blasted a Government department for its "blatant disregard for the planning process".
The Development Applications Board (DAB) expressed its "disappointment" with the Ministry of Works and Engineering as it refused a retroactive application for a road realignment and landfill at Grotto Bay part of a project to expand Bailey's Bay Cricket Club but which impinge on both national parkland and coastal reserve.
The DAB said the roadworks were contrary to the Draft Bermuda Plan 2008 as the site in Wilkinson Memorial Park is protected under the National Parks Act 1986. It also said the placement of landfill at Grotto Bay was contrary to the Draft Bermuda Plan as it "causes detrimental damage to the biological and ecological features in the area" and "is detrimental to marine and coastal environment in the locality".
In refusing the application, the DAB said: "The Development Applications Board wishes to advise of its disappointment with the applicant's blatant disregard for the planning process."
The work undertaken – ahead of objections by the Marine Resources Board, National Parks Commission, Bermuda National Trust and criticism by the Department of Conservation Services – also caused some civil servants to question the way in which some Government departments pursued projects.
Said Department of Environmental Protection director Fred Ming in a September 19 e-mail to Planning: "May I suggest that we adopt operational protocols for Government agencies undertaking development projects to avoid future repetition?
"Regardless of what an officer might say, board members become cynical about Government's intentions when this kind of thing happens, and that is not a good thing for the Government."
An earlier e-mail that same day suggests Works and Engineering staff also demolished stonework dating back hundreds of years. Conservation Services director Jack Ward stated: "It does seem to be a huge shame that they destroyed the amazing stonework of the old wall at the site it could have at least been relocated.
"I'm sorry (surprised really) that it wasn't considered a historic structure like the associated breakwater on Coney Island, it had been there for hundreds of years."
The Planning controversy centres on an application for foreshore repairs along the eastern side of Bailey's Bay Cricket Club field and the realignment of Coney Island Road. Native vegetation has been cleared to make way for the 18ft asphalt road, while landfill has filled in some of the coastland habitat.
Works and Engineering permanent secretary Robert Horton submitted the retroactive application on July 9 on the Ministry's behalf. In it, he said: "Please be advised that these works are required in order to stabilise the foreshore which has been damaged due to storms.
"The realignment of the road will facilitate an increase in the usable field space, thereby allowing a greater range of activities to be hosted at the field."
According to the DAB report however, "these works were undertaken in the spring of 2008 without the benefit of Planning approval".
When technical officers subsequently visited the site, they "learned that the road had already been installed, fill materials were placed in the waters of Grotto Bay just to the north of the cricket field".
The officers noted no foreshore stabilisation works to the north and east of the cricket field had yet been undertaken, and the Ministry of Works and Engineering withdrew this part of the application on November 17, "with the view towards submitting a separate application".
Speaking for Conservation Services, Mr. Ward criticised the works in a letter to Planning on August 12. He said: "This department considers it to be highly regrettable by the existing extent of works that have proceeded:
• without a structure review by the Planning authority prior to initial site works;
• without consideration for relocation of native coastal plant species;
• without an appropriate engineering plan;
• with the use of inappropriate fill material upon a vulnerable high energy coastline."
He said: "Our department does have concern that the Ministry of Works and Engineering has been remiss in not following 'due process' in consultation with the Ministry of the Environment and is continuing to proceed with site works irrespective of a decision being made by the Planning authority."
He added: "As the major siteworks, excavating and filling have already been completed there is minimal 'conservation' that this department can recommend."
Dr. Ming, for the Department of Environmental Protection, also told Planning: "The MRB (Marine Resources Board) objected to the foreshore development and stressed that the large sand/rock pile should be taken off the beach immediately and the beach returned to its natural state."
Meanwhile, in a letter dated November 7, Drew Pettit of the Department of Parks said: "The (National Parks) Commission finds that it cannot support the construction of this public thoroughfare-sized road that has no benefit to, and comes to the detriment of, Wilkinson Memorial Park."
He said the application was contrary to the National Parks Act 1986, in terms of safeguarding the natural environment, its species and open space.
The Bermuda National Trust also objected to the application. Director of Preservation Dorcas Roberts said that under the 1986 National Parks Act, any change of use of a park or road construction should be advertised for public consultation. Under the Draft Development Plan 2008, the National Parks Commission should also be consulted.
"There is not information in the file that indicates that this has happened," said Mrs. Roberts.
She said despite the works representing "a major coastal development", neither was any Environmental Impact Statement submitted.
"The Bermuda National Trust is extremely concerned that none of the above occurred prior to the commencement of these works," said Mrs. Roberts.
The Royal Gazette last night asked Mr. Horton what will happen to the roadworks and landfill now the application has been rejected, however he was unavailable for comment.
