Trouble brewing in Paradise Lakes
A wave of controversy is rippling through the normally tranquil waters of Paradise Lakes as changes planned to two of the islands have raised environmental concerns.
The lakes are highly popular with weekend pleasure boaters but strict zoning laws are attached to any potential development of the islands in the area.
Much of the land is designated Open or Green Space for protection and some of the islands house nature reserves.
But a building project planned for Hawkins Island and the unexpected, and possibly illegal, clearing of a protected area at the southeast tip of Long Island may both fly in the face of these environmental protections.
The Long Island property was apparently cleared without prior notice to or approval from Planning and now the Department is trying to contact the owner of the land for an explanation.
Planning Director Rudolph Hollis told The Royal Gazette that that particular area of Long Island is designated a coastal open space and as such under strict Planning control.
But Mr. Hollis said Planning has been unable to verify whether the owner of the property had prior planning approval.
Mr. Hollis said the Department's Environmental Section has put the owner on notice that it was illegal to clear the area and if the individual cannot prove that he had prior permission legal action could follow.
And on nearby Hawkins Island, a plan to build two cottages has raised the ire of the Bermuda National Trust.
The Rosebud Trust - which represents the local family who own Hawkins - has applied to the Planning Department to demolish the existing commercial structures on the island - booths, bathrooms and a cooking facility - and reorient the Island as residential property for private use.
Rosebud's plan calls for the construction of two, single-storey cottages on the property - one to be located roughly 100 feet back from the island's small beach and another roughly in the current location of the bathrooms.
But the National Trust has filed an objection to the plans in the hopes of protecting Bermuda's open spaces.
"The proposed development contravenes the designated zoning of Green Space/Open Space and the proximity to an area zoned Nature Reserve," Trust conservation officer Lauren Critchley wrote to the Planning Department.
Ms Critchley said that the proposed development goes against "principle statement" of Bermuda 1992 Planning Statement which is to "retain and protect all areas of open space and green space."
And in the Trust's letter of objection, she cites several areas where the Trust believes the submitted plans go against planning regulations - including that the cottages are not set at least 15 feet away from the boundary of a Nature Reserve on the Island.
"Furthermore, the proposal does not fulfil any of the conditions for development on areas zoned as Green Space ... this application should not be considered for planning approval," she wrote.
"The Trust believe that this property is completely inappropriate for such an environmentally sensitive and restrictively zoned site. The principle of the Green Space/Open Space zonings are clearly outlined in the Planning Statement and the construction of these new dwelling units do not fit in to this plan at all."
The Rosebud Trust was put on 14 day notice to respond to the National Trust objections on May 21 of this year.
Rosebud's legal representative Harold Conyers of Conyers and Associates countered that what Rosebud sought was only reapproval for a plan previously approved by the Department in 1999.
And Mr. Conyers wrote that the commercial use of the property - primarily as a party destination - predates the 1992 planning statement and the 1974 Development and Planning Act.
He suggested that change from commercial use to private dwellings would reduce the traffic to the island and therefore benefit the environment.
"In exercising its prudent discretion the DAB recognised the obvious benefit to the site of decreased use, in terms of both permanent and transient populations and their environmental impact," Mr. Conyers wrote to Planning.
Mr. Conyers suggested that many of the National Trust objections were inapplicable to Hawkins Island and that Rosebud had worked with Planning and then Government Conservation Officer Dr. David Wingate to have the original application approved two years ago.
"We are unable to find reasonable grounds for the Ministry, the Department or the DAB to not support (the application)," Mr. Conyers wrote.
Planning has yet to make a decision on the application.
Work is, however, currently underway on Hawkins Island as passing boaters may have noticed, but this is simply for additions to an existing cottage on the Island and these have been approved by Planning.
