The latest Planning approvals, refusals and appeals. Minutes of a meeting held on November 28.GRAVITO, Ms. Margaret18 Mill Reach Lane, PembrokeProposed Renovations and Additions to Form Special Needs Housing.P0349/12 Type: Final Decision: ApprovePlanner: Victoria CaroloDiscussion: The technical officer presented the application details to the Board with a recommendation of approval. A Board member queried where the existing cess pits were onthe site. The technical officer indicated the location of the two existing cess pits and confirmed that as part of the assessment, a consultation took place with the Health Officer to determine the adequacy of them. The Board queried the use and implementation of the Special Needs Housing policies insofar as it being a way to potentially allow another unit on a site that where a third unit perhaps could not be approved; allowing a potential loophole. The Board was advised of the objectives and intent of that particular policy to allow for family members to provide for somewhat separated yet easily accessible living space, for up to 2 family members with special needs, and the design requirement for it to remain internally linked. It was noted that a condition of approval outlines the need for the Board’s further permission if landowners later wished to convert the special needs space to a dwelling unit. If the space could not be converted to a dwelling unit then it would have to be reconfigured to form part of one of the existing units. The Board queried whether it was possible to have it substantiated that theintended occupants were indeed special needs individuals. It was advised that applicants’ requests for such were being taken on face value and that requests for doctors’ reports on such matters may have privacy issues. The Board resolved to approve the application.The Board RESOLVED:To approve the application, as received 23 October, 2012 and revised 26 November 2012 subject to the following condition(s):1. The development hereby permitted shall be begun before the expiration of 2 (two) years from the date of this permission.2. For the avoidance of doubt the consent hereby granted is for planning permission only. Prior to the commencement of building operations a separate application for a building permit must be made and approved.3. In the interest of visual amenity, there shall be no deposition or storage of excavated material on site and all excess unused material shall be removed from the site during the course of building operations and prior to the issuance of a Certificate of Completion and Occupancy.4. In order to avoid the discharge of surface water onto the right of way or the adjacent private property, provision shall be made for the control and disposal of storm water within the curtilage of the application site as shown on approved plans. Such measures shall be provided prior to the issuance of a Certificate of Completion and Occupancy5. In the interests of visual amenity, the entire site subject of this application shall be landscaped in accordance with the hereby approved plans, prior to the issuance of a Certificate of Completion and Occupancy. Any trees or shrubs shown on approved plans which are removed, which die or which become seriously diseased or damaged shall be replaced by trees and shrubs of similar size and species to those originally required to be planted. Similarly, any trees which are shown as being retained on approved plans and which are removed or damaged during the course of excavation or construction, shall require the submission of a revised landscaping plan, via an Application for Revision, showing details of the size, species and number of new plantings to be installed to replace any damaged or destroyed trees.6. The private outdoor living space shown on the hereby approved plans shall be established for use in accordance with Policies DSN. 16 and DSN. 17, Chapter 8, of the Bermuda Plan 2008 Planning Statement, prior to the issuance of a Certificate of Completion and Occupancy.7. For the avoidance of doubt, the Special Needs Housing shall not be used as a separate dwelling unit unless planning approval is sought and obtained. The internal connection shall remain as shown on the hereby approved plans.8. In accordance with approved plans, the green (grassed) roof shall be installed prior to issuance of Certificate of Completion and Occupancy.Vacant Lot #18, Jennings Bay Road, SouthamptonBENEVIDES & ASSOCIATES,Proposed In Principle Application for a New One Dwelling Unit.P0219/12 Type: In Principle Decision: ApprovePlanner: Victoria CaroloDiscussion: The technical officer presented the application details to the Board with a recommendation of approval. A Board member queried if protective fencing would be installed along the Agricultural Reserve area to be preserved during construction operations.The technical officer confirmed that as part of a final planning application, a construction methodology plan identifying such items as construction staging areas as well as protection fencing would be identified so that there would be no spillover of construction actions or materials into the area to be protected.The Board resolved to approve the application.To approve the in principle application, as received 15 June, 2012 and revised 22 November2012 subject to the following condition(s):1. The development hereby permitted shall be begun either before the expiration of 2 (two) years from the date of this permission, or the expiration of 2 (two) years from the final approval of reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.2. Notwithstanding the fact that this application seeks in principle approval only, those details relating to use, site coverage, siting and layout, access are hereby approved. The Board reserves for its final approval all details, defined as reserved matters, relating to building height, design, external appearance of the building, parking provision and landscaping.3. For the avoidance of doubt, the siting of the dwelling unit for a final planning application shall respect the 8 feet distance to the delineated area that is now defined as the Agricultural Reserve area to be protected shown on the hereby approved plans.Tanglewood Road, PagetProposed Retroactive Application for Two Level Wooden Decks and Terracing of the Grade with Associated Retaining Walls (3-4 feet high).P0072/12 Type: Final Decision: RefusePlanner: Tamsyn DoranDiscussion: The technical officer presented the application to the Board with a recommendation of refusal.Various clarification questions were asked regarding exact height of the retaining walls, retroactive fee payment and whether the existing dwelling units were condominium units or not.All questions were answered by the technical officer to the satisfaction of the Board. The Board agreed to support the technical officer’s recommendation and requested that an advice note be added regarding blatant disregard for the planning process.The Board RESOLVED: To refuse the application, as received 5 March, 2012 for the following reason(s):1. The proposed development fails to conform to the provisions of the Development and Planning (Application Procedure) Rules, 1997, in that insufficient information has been submitted to enable a proper assessment of the proposal to be undertaken contrary to Policy APC. 3 of the Bermuda Plan 2008 Planning Statement. Specifically, full details of the accessory building and a registered topographical survey of the development area has not been submitted.2. The proposal does comply with Policy WDR. 3 which prohibits all forms of development within the Woodland Reserve Conservation area.3. The proposal does not comply with Objective WDR. 1 of the Woodland Reserve in that it does not protect and enhance the Woodland area but rather has resulted in the extensive removal and degradation of Woodland Reserve.4. The proposal contravenes Section 28 of the Development and Planning Act 1974 in that Woodland Reserve has been extensively cleared. The Act considers Woodlands as being areas of special environmental value and as such lists them under the Heads of Protection as being afforded protection.Advice Note:The Board wishes to express concern that the applicant has shown blatant disregard for the planning process in that development has commenced prior to planning approval.Any other businessAt its meeting of Friday, 23 November 2012 the Development Applications Committee (DAC) approved a revision for Building Permit B0113/12, details as follows: Site: 16 Redkiln Road, Hamilton Parish.Description of Proposed Revision: Addition of 4ft Fence to Existing 3ft High Boundary Wall Rationale for Approval: Given the existing wall, the fence is a natural extension that will afford increased privacy and security for both properties.Neighbour’s acknowledgment has also been provided from 18 Redkiln Road.Development Applications Committee Agenda of December 14SandysP0543/11 LUTHI Mr./Mrs. Christian(Received: 9 Nov, 2011) (Revised: 4 October 2012)144 Somerset Road, SandysProposed Shed for Storage purposes with Solar Panels on Top of Roof — Listed Building Site.Planner: Corey HillRecommend approvalConditions— Planning Permission — Building Permit — General Controlled Plant — Solar Panels — OtherSouthamptonP0286/12 FAIRMONT HOTELS & RESORT(Received: 16 Aug, 2012)5 Rebecca Road, SouthamptonProposed New Retaining Wall to Replace Existing, New Hedge to Replace Existing, New 5’ High White PVCFencing and Gates along Eastern Boundary.Planner: Victoria CaroloRecommend approvalConditions— Planning Permission — Building Permit — General — Construction Methodology— Design — Height Restriction Excavated Material —Removal — Landscaping — Proposed — OtherPembrokeP0154/12 HARREM TRUST(Received: 3 May, 2012) (Revised: 13 November 2012, 27 November 2012)15 Clarence Dale Drive, PembrokeProposed Additions to Existing Studio Unit to Create a One Bedroom Dwelling.Planner: Tamsyn DoranRecommend approvalConditions— Planning Permission — Building Permit — General Design — Bermuda StoneWall — Excavated Material — Removal — Landscaping — Proposed Outdoor Space — PrivateAmenity -2008 PlanS0039/12 ADDERLEY Mr. Herbert(Received: 9 Nov, 2012)21 St. John’s Hill, Pembroke21A St. John’s Hill, PembrokeProposed Boundary Adjustment (Provide Additional Space to Lower House that is separated by Rock Cut).Planner: Victoria CaroloRecommend approvalConditionsPlanning Permission — FinalSub DivisionDevonshireP0250/12 TROTT Mr. Lawrence(Received: 11 Jul, 2012)11 Cable Hill, DevonshireProposed Excavation of Enbankment to Create Lawn Area, Relocate pump Room, Guard Wall with Railingand 6ft Retaining / Boundary Wall.Planner: George ShakirRecommend approvalConditions— Planning Permission — Building Permit — General — Construction MethodologyDesign — Bermuda Stone Wall — Excavated Material —RemovalSmithsP0336/12 SIMMONS Mr. A. Leon(Received: 8 Oct, 2012)34 Hillsdale, SmithsProposed Addition of a Two Storey Second (2nd) Dwelling Unit.Planner: Maceo DillRecommend approvalConditions— Planning Permission — Building Permit — General Outdoor Space — PrivateAmenity -2008 Plan — ParkingP0361/12 DYER Dr./Mrs. Charles(Received: 2 Nov, 2012)30 Knapton Estates Road, SmithsProposed Addition of Covered Porch.Planner: Planning ConsultantRecommend approvalConditions— Planning Permission — Building Permit — GeneralS0033/12 CHURCH BAY TRUST CO. LTD C/O WAKEFIELD QUIN(Received: 14 Sep, 2012)13A Holly Lane, SmithsProposed One Additional Lot.Planner: Cory BrownRecommend approvalConditionsPlanning Permission — Final Sub DivisionHamiltonP0277/12 BRIMMER Mr. Ryan(Received: 6 Aug, 2012)3 Farm Lane, HamiltonProposed Replacement of Boundary Retaining Wall in Disrepair (7’-8” with 3’ fence on top) and ExcavationWorks to Site.Planner: Maceo DillRecommend approvalConditions— Planning Permission — Building Permit — General — Construction MethodologyDesign — Bermuda StoneWall — Design — Rock Cuts Excavated Material —Removal Landscaping — ProposedSt. George’sP0360/12 THE MID OCEAN CLUB LTD.(Received: 2 Nov, 2012) (Addn Info: 6 December 2012)1 Mid Ocean Drive, St. George’sProposed Enclosure of Lounge Area to Extend Dining Area at Beach Pavillion, Add Buttery Feature andPergola, Renovate BathroomsPlanner: Planning ConsultantRecommend approvalConditions— Planning Permission — Building Permit — General