Appeal launched for rejected Southlands zip line plan
An appeal has been launched by the company behind a rejected plan to install zip lines at Southlands in Warwick.
An agent for EDI Bermuda argued in a letter that the Development Applications Board erred in its interpretation of appropriate development within the park and that the application should have been considered alongside separate plans for a café with parking lot.
The appeal also questioned the impartiality of the National Parks Commission arguing that there was “glaring evidence of bias” shown by a member who represented the Bermuda National Trust.
The letter said: “It is a matter of fact that the BNT and the Bermuda Audubon Society jointly produced a public awareness opposition campaign to the proposed development widely distributed on social and print media.
“The NPC member for the BNT was significantly featured on camera in these opposition media campaigns.
“While each member of the NPC is, of course, entitled to form their own opinion, the presence of a NPC member publicly acting in the interests of his employer gives serious concern as to their influence within the commission.
“Given that the NPC member for the BNT was also intimately involved in public opposition to the application proposal on behalf of his employer, the impartiality of the NPC is suspect.”
Karen Border, BNT’s executive director, responded yesterday that the trust representative on the NPC was there to put forward the organisation’s position at meetings.
“He was not ‘acting in the interests of his employer’, as BNT has no material interest in whether the development goes ahead or not,” she said. “We simply have an opinion, just like all the other members of the NPC who voted on the matter.
“As a charity with environmental advocacy as part of our mandate, we are also fully entitled to share our opinion publicly.
“The accusation of bias against the BNT representative is an ad hominem attack that is wholly inappropriate and unjustified as part of EDI’s planning appeal.”
Ms Border added that the charity continued to oppose the proposal, stating: “We do not believe Southlands is the right place for such a commercial development.
“Our view is clearly shared by thousands of other Bermudians who signed a petition against the development and turned out in sizeable numbers to protest in September.”
The planning application by EDI Bermuda proposed installing a series of zip lines at to create a family-friendly attraction which it said would not disturb the environment of the park.
However, the proposal — alongside several other planning applications for the Southlands property — sparked opposition including a petition to halt development in the park which garnered more than 5,500 signatures.
The NPC voted against supporting the project by six to four, and the DAB subsequently refused to grant planning approval citing the commission’s vote and concerns about parking.
The developer formally launched an appeal against the decision this week urging Diallo Rabain, the Minister of the Cabinet Office and Digital Innovation, to allow the plan to move forward.
In an appeal letter dated January 12, an agent for EDI Bermuda argued that the Bermuda Plan 2018 granted the NPC too much power and there was nothing in the National Parks Act that allowed it to dictate the decisions of the DAB.
The letter also said that the application should have been considered in concert with an application to build a café and parking lot on a portion of parkland south of South Road.
The agent wrote: “The design and development of the application proposal have been done with the full knowledge and input from the estates section and with the understanding that estates were also separately preparing an application for planning permission for other areas of the site, including comprehensive parking facilities for the park as a whole.
“It was agreed with estates that they would include the provision of parking facilities for the entire site, including the zip line facility requirements, within their application.
“This was to provide a comprehensive and co-ordinated parking solution rather than a piecemeal arrangement for the various areas of the site being considered for development or improvement.”
The agent said it was “unfair and unreasonable” for the zip line application to be considered independently after it was directed by estates not to show parking facilities within the application
The appeal letter said that Southlands was classified as an amenities park, not a nature reserve, and a zip line canopy tour would be an appropriate use of such a park.
The agent said: “The concerns of the NPC are fairly vague and mostly focused on the appropriateness of the proposed activities.
“It seems the NPC would prefer Southlands Park to be considered more akin to a nature reserve than its legal status under the Parks Act as an amenity park.
“We would note that other amenity parks have significantly more invasive and commercial activity than the proposed.
“For example, Tobacco Bay Park, Clearwater Beach Park and Coney Island Park are all considered amenity parks.
“We would also note that the approval of this application should be considered a valuable community investment and contribution to Bermuda’s tourism product, provide access to local residents and youth development programmes including Mirrors, provide additional year-round job opportunities for Bermudians and provide opportunities for Stem education courses for school group excursions.”
In response to news of the appeal, Ms Border said that the BNT stands by its objection to the project and its belief that the proposal was not compatible with the park.
She said: “While amenity parks permit public recreation, they are not intended to accommodate permanent or semi-permanent commercial enterprises that materially alter park function, character and public accessibility.
“The proposed zip line facility involves exclusive-use areas and permanent physical infrastructure across large parts of the sensitive park landscape.
“The scale, intensity, exclusivity and permanence of this commercial development weigh decisively against the proposal.”
Ms Border added that recent ecological surveys of Southlands uncovered vertigo bermudensis, an endemic and highly endangered land snail, living within the park’s leaf litter.
She said: “Leaf-litter ecosystems are particularly sensitive to disturbance from construction, soil compaction, vegetation clearance and increased foot traffic, all of which are associated with the proposed development.”
Given the discovery, Ms Border said development should not proceed unless there is clear and compelling evidence that irreversible harm to rare and endemic species can be avoided.
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