On our small island, every square foot of land matters. Yet many property owners who want to build or renovate only discover the rules that protect that land after they have paid for architectural drawings or submitted a planning application.

If those plans are then delayed or refused, this doesn’t just cost time; it can also cost considerable amounts of money, especially when plans need to be redrawn and resubmitted. At a time when the cost of construction has never been higher, every penny counts.

One of the reasons many planning applications are held up or refused is that they do not comply with the on-site zoning requirements clearly laid out in the Bermuda Plan 2018.

For most of us, when buying a property, the most important consideration is the location. Then, the size, condition and outdoor space. What many buyers don’t ask their realtor, however, are the following vital questions: What zoning applies to the property? Are there conservation zones such as Woodland, Coastal, Open Space or Agricultural Reserve? Does the property border a conservation area, making it subject to setbacks? Does it have listed building or historical protection status? And, are mangroves, wetlands or other protected habitats present?

If an owner wants to expand their building’s footprint, or develop another area of their property, they may not be able to do so if it encroaches into one of these zones. Most also require a 15-foot setback, to further protect the area from development.

Bermuda’s conservation policies, as enshrined in the Bermuda Plan, exist because our island’s environmental assets are finite and Bermuda has less land than many small cities. The intrinsic value of a property is not only location, but also the natural kerb appeal of a carefully gardened and wooded landscape. Properties devoid of the natural environment are of less sale value to the discerning public. Furthermore, once a coastal habitat, woodland, arable field or mangrove forest is built on, it is effectively lost for ever.

Despite this, we have seen an ever-increasing number of planning applications submitted that encroach into these zones or their setbacks.

If an application is not compliant with the Bermuda Plan, it is less likely to be approved, which means the property owner may be unable to develop the property they had been dreaming of, or they may have to amend the plans, which can cost money.

Recently, for example, there have been applications to install docks in coastal locations, but the proposed dock was larger than permitted, or the drawings didn’t clearly indicate decking designed to allow light penetration to support marine growth beneath. All these, and more, are examples of the requirements of the Coastal Development section of the Bermuda Plan. These applications will therefore be objected to and are likely to be justifiably refused.

Another recent example is an application to build a pool house in an area of Woodland Reserve. The property owner would, most likely, have paid a professional to draw and submit the designs, but this proposed development, on its own, is not permitted under the Bermuda Plan. There was also no Conservation Management Plan nor Grounds in Support provided to justify why the Development Applications Board (DAB) should permit the construction. If this application is refused, which it should be, the property owner will have to pay for someone to redraw and resubmit their plans if they still want a pool house.

Another application even proposed development which encroached into a mangrove forest, a species protected by law. Mangroves are not only a vital carbon sink, but they are nature’s best defence against wave energy, protecting properties from catastrophic flooding damage. Properties without coastal and/or woodland protection invariably will pay more for storm insurance for damage incurred.

Planning applications that are so clearly non-compliant with the Bermuda Plan should not be submitted. Not only are they costly for those hoping to develop, but they also create a backlog in the planning system, which benefits no one.

Licensed architects, of which there are many world-class firms in Bermuda, are obliged to, and most likely do, make their clients aware of all the relevant Bermuda Plan policies and other legal matters relating to their property that could affect its development. If they don’t, and there are financial repercussions for their client, they can be reported to their industry body, the Institute of Bermuda Architects.

Property owners have no protection, however, if they employ a designer who is not a licensed architect. In this situation, it is even more important for the owners to know what they can and can’t do on their property to ensure their plans proceed through the Department of Planning process without delays or the need to pay a professional to amend their designer’s drawings.

It isn’t just about personal time and money, however. We also need to be mindful of why these conservation zones were created in the first place.

Bermuda has only 13,247 acres of land, and only 33 per cent of it is open space. Imagine if our coastlines were built up so that only those able to afford a waterfront location could enjoy the views. Imagine what would happen to our wildlife if they had no woodland or coastal habitat in which to shelter and thrive. Imagine what would happen to our food security if the few remaining areas of agricultural reserve were built upon. And imagine how our mental and physical health would suffer if we were surrounded only by buildings and did not have these beautiful open spaces and views to enjoy.

The Bermuda Plan is the product of years of public consultation, environmental research and long-term spatial strategy. It makes clear that Bermuda must balance growth and development with environmental protection, recognising that, as a small island, our land resource is finite and ecologically fragile.

The Bermuda Plan deliberately assigns significant weight to Conservation Base Zones, Conservation Areas, and Protected Areas because these landscapes perform essential environmental functions. They absorb stormwater and reduce flooding. They recharge groundwater in our limestone aquifer. They buffer coasts against erosion and storm surge. They preserve the diminishing Agricultural Reserve, which is critical to our food security. They provide habitat for native and endemic species. They support migratory birds along international flyways.

Each time a development encroaches upon a conservation zone or its setbacks, we take away a piece of what makes Bermuda so beautiful, we reduce our ability to sustain ourselves and we reduce our ability to protect ourselves from rising sea levels and stronger storms.

Before you buy land, before you seek design advice and before you submit plans, check the zoning. Understanding Bermuda’s planning rules from the start can save time, money and help protect the island we all share.

To find out what conservation zones are on a property, type the address into the mapping function of the Department of Planning website: www.planning.gov.bm — https://bdagov.maps.arcgis.com/apps/webappviewer/index.html?id=bc5f33868b724838a4e9c875c24d836f

If you have questions about the policies within the Bermuda Plan 2018, please feel free to contact BEST at office@best.org.bm or call 292-3782. For advice about renovating a listed property, contact the Bermuda National Trust at palmetto@bnt.bm or 236-6483

• Kim Smith is the executive director of the Bermuda Environmental Sustainability Task Force. For more information, go tobest.org.bm