BEST (the Bermuda Environmental Sustainability Taskforce) is one among others (organisations and individuals) who routinely review and respond to planning applications, where proposed development would negatively impact land that has a protective zoning.

Additionally, members of the public contact us regularly with reports of suspected zoning infractions that concern them. Over the past couple of years, an increasing number of them have told us about derelict vehicles being stockpiled on private land, something that is more difficult to advocate against.

We are now a few months into the new year, and there are several longstanding planning enforcement issues that remain unresolved. Among the action requests/complaints submitted to the Department of Planning in recent years, there was one for excavation down on the coast at Pompano for which there wasn’t an application, and about which we got no feedback on our reporting of it to Planning’s enforcement section.

We are also concerned about the state of the now-abandoned site at Morgan’s Point/Carolina Bay, which was being used for the staging of equipment and/or where construction materials for other, unrelated construction projects have been reported.

Another case continues to cause concern — not because it lacks evidence or has gone unnoticed but because it has persisted despite being formally and repeatedly raised through established channels. What is now at issue is no longer awareness, but the absence of clear, effective responses by Planning to reports of zoning infractions.

The protected areas in Warwick are being degraded because the activities at that site is not being monitored and enforced by Planning, despite repeated notifications to them. The prolonged inaction by Planning in the face of clear zoning and environmental concerns suggests a significant systemic weakness in the department in respect to their upholding planning legislation and risks at least the perception of unequal treatment.

This area of zoning abuse is of greatest concern, given the size of the parcel and the extent of zoning violations that remain unresolved, meaning that it is an ongoing planning issue of significant proportion.

For years, 6 Tribe Road No 6 has been the subject of public discussion and media coverage, with reports, opinion pieces and community complaints highlighting continuing concerns around land use, environmental impact and enforcement. Despite the sustained attention, the underlying issues appear unresolved, raising serious questions about planning compliance, enforcement and accountability, and testing the credibility of Bermuda’s planning and enforcement systems over time. The damage to this site, and to its protected zonings, has been described as “nothing short of horrendous”.

A clear zoning conflict

The parcel number for Tribe Road No 6 is #20675, and it is a five-plus-acre property located at 6 Tribe Road No 6 in Warwick. While the “base zone” for this large site is Residential 2, it abuts a high-density Residential 1 zone. Industrial activity — including material stockpiling, dumping, processing, or the storage and operation of heavy equipment — is fundamentally inconsistent with the purpose of both Residential 2 and Residential 1 zonings.

Within the Residential zoning on the site, there are large areas (as much as 50 per cent of the site) that have protected zonings (Woodland and Agricultural Reserves), which dictate what can and cannot be done in those protected areas. See the map of the area below, circled in red.

Zoning controls are not discretionary preferences; they are the foundation of land-use planning. They exist to protect neighbourhoods from noise, dust, visual blight, traffic impacts and environmental degradation. When activity resembling industrial use occurs within a residential zone, particularly over an extended period, it represents a clear departure from the intent of planning policy. Further, the abuse of land zoned for Agricultural Reserve flies in the face of the Government’s election promises, which made specific commitments to support local agriculture and protect farmland as part of its food security strategy.

Environmental and community impacts

Beyond zoning, prolonged inappropriate land use carries wider consequences. Bermuda’s limited land base and environmental sensitivity mean that misuse of residential or protected land can lead to cumulative harm, including degradation of nearby habitats, reduced quality of life and property values for neighbours, and erosion of confidence in environmental protections.

When such impacts persist without clear resolution, the issue shifts from a local dispute to a broader governance concern.

Years of attention, little closure

Coverage in The Royal Gazette and continuing public commentary demonstrate that concerns at Tribe Road No 6 have been raised repeatedly over many years. The persistence of these concerns suggests not a lack of awareness but a lack of effective closure. Planning enforcement is complex, but it is also essential. When apparent noncompliance continues year after year, it raises legitimate questions about whether the system is equipped — or willing — to resolve difficult cases decisively.

Public office and public trust

It is a matter of public record that the property on Tribe Road No 6 is owned by the area’s elected Member of Parliament, Paul Wilmot. In a small jurisdiction like Bermuda, perception matters. Residents are entitled to expect that planning rules are applied consistently and without favour, and that public office holders meet — at a minimum — the same standards as any other landowner. Prolonged tolerance of apparent noncompliance in such circumstances risks undermining confidence not only in planning enforcement, but in public institutions more broadly.

This is not a partisan issue. It is a matter of governance, fairness and trust. In such circumstances, the onus on planning authorities is higher, not lower. Clear, timely and well-documented enforcement is essential to protect both the integrity of the planning system and the credibility of public office.

Why this still matters

After years of complaints, reporting and discussion, the continued uncertainty surrounding Tribe Road No 6 highlights a deeper problem: unresolved planning breaches erode confidence in the system designed to protect communities and the environment. If zoning rules can be bent or ignored without consequence, particularly in residential areas, the integrity of the entire planning framework is weakened.

In Bermuda, where land is scarce and communities are close-knit, equal application of the rules is not optional. It is the minimum requirement for a planning system that deserves public confidence. What the public requires now is not further commentary, but a clear statement from the Department of Planning that confirms:

• Whether current activities at Tribe Road No 6 comply with zoning and reserve protections

• If they do not, what enforcement actions are under way, and when will compliance be achieved?

The need for clarity and resolution

Until there is a clear and credible resolution, Tribe Road No 6 will remain a symbol of a broader concern: that long-running planning issues can persist without accountability, to the detriment of neighbourhoods, environmental protection and public trust.

What is needed now is not further ambiguity, but clarity. Absent such clarity, the perception will persist that long-running planning breaches can remain unresolved indefinitely. That perception is damaging, not only to affected neighbours and the environment, but to confidence in the planning system itself.

Transparent communication is needed from planning authorities about what is permitted, what is not, and what steps are being taken to bring matters into compliance — whether through enforcement, remediation, or clearly conditioned approval.

Editor’s Note:The Royal Gazette contacted Mr Wilmot for his response to this column, but he declined to comment.

• Kim Smith is executive director of the Bermuda Environmental Sustainability Taskforce