Trust says SDOs should be granted only as last resort
ONLY as a last resort and after a thorough public consultation should Government consider granting Special Development Orders (SDOs), according to the Bermuda National Trust.
Trust director Steven Conway said he was concerned at how the use of SDOs was preventing public feedback on proposed developments.
Fairmont Hotels' request for an SDO to develop its golf course in Southampton and build 91 "golf villas", as well as 54 other holiday homes on Turtle Hill, has stoked the Trust's concern.
SDOs were also permitted to Gilbert Lopes to build 96 condos at Loughlands and another one is in the pipeline for a Government-backed project to build 54 more affordable apartments in Southside.
Mr. Conway said yesterday: "It is the general use and process of an SDO that is of concern to the National Trust because it avoids any public feedback or opportunity to object by those affected by the development.
"The lack of public input goes against the grain of the current Sustainable Development process which promotes public involvement and community participation on major issues.
"The Trust believes that if the Minister does consider an SDO ? then it should only be after public consultation by a public hearing and written submissions."
He added the Trust was not opposed to the Loughlands development, as under its zoning a major development was always likely and with the need for affordable housing, the rezoning from tourism to residential use had probably been justified.
However, he added: "The decision for the Loughlands SDO appears to have been made without any feedback from the residents. Unfortunately the residents cannot object or at least make a comment of any aspect of the project, because there is no application to see. The normal procedure through the DAB would at least permit their voice to be heard."
Mr. Conway said Loughlands was an unusual case.
"Generally an SDO would only grant in-principle consent and the applicant would then have to submit details for final planning consent ? this would then give residents a chance to comment on the details," he said.
"The Loughlands SDO appears to grant full and final planning consent and all the developer has to do is to satisfy the building permit details."
In March the Trust wrote to the Environment Ministry to express its concerns about the use of SDOs.
"SDO consents should only be an option of last resort and not applied for reasons of expediency," his letter stated.
"It is our understanding that the granting of a planning consent by SDO in other jurisdictions is reserved only for major developments of national interest ? power stations, airport runways, etc. ? and then only as an option of last resort and after a public inquiry," he added.