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Planner accused DAB of coerion

A headline in Friday's newspaper - Planner Accuses DAB of Coercion - incorrectly summarised the objection of planning consultant Mr. David Summers, who said a clause in the new draft Development Plan was coercive, not the Development Applications Board.

A planning consulting firm says it will do battle with a clause in the new Draft Development Plan it says unfairly terminates development applications.

Mr. David Summers of Bermuda Caribbean Engineering Consultants Ltd. says the clause amounts to "blatant coercion'' of the planning process.

Mr. Summer's intention to fight the clause follows the Development Application Board's rejection yesterday of a request by client Parnell Ltd. for a time extension on its application to build homes on four Abbot's Cliff lots.

The Board rejected the request saying Parnell had two options remaining: Either to proceed with its application under the 1983 Development Plan or to withdraw it until new 1992 Plan zonings are worked out by a tribunal.

But Mr. Summers said Parnell had a third option open to it: The company could have its application considered under the 1983 Plan while lodging objections to the "unfavourable'' Abbots Cliff zonings in the new 1992 draft Plan.

The problem, Mr. Summers said, stems from the misapplication of a clause in the draft plan.

"We object to its wording,'' he said. "It's nothing short of coercion. I'm fairly confident the (Development Applications) Board would never apply to this coercion.'' Clause 14.5 says that when the draft plan is operative, any planning application on land subject to an objection under that plan may be refused permission if it is not withdrawn.

Mr. Summers said the Parnell application was submitted in May, before the draft plan came into effect.

"Clause 14.5 cannot be applied to it,'' he said. "It is only in cases when an application has been made after July 3 that the Board can refuse applications unless the objection is withdrawn.'' As a result, the consultant said, Parnell had a third option the DAB did not state: Parnell could still have its application considered under the 1983 Plan while lodging an objection to the Abbot's Cliff lot zonings in the draft plan.

Under the 1983 Development Plan, the four lots were zoned woodland reserve with three of them having allowance for high density development.

"We will ask the Minister to consider our objection to this clause very early and to make a decision on it,'' Mr. Summers said. "She should then alter the Draft Plan because the clause is only applicable during the life of the Plan.''