Log In

Reset Password

Tribunal urges compensation for zoning losers by Marina Esplin-Jones

Government should appoint a team to look into compensating landowners who lose the development potential of their properties due to new land zonings.

This was one of a dozen recommendations made by the Planning Tribunal after hearing 259 objections to the draft Bermuda Plan 1992 over the last 12 months.

It was "almost amoral'' to enact laws barring development of large or small lots of land which result in severe financial handicaps to the owners, stated Tribunal members Mr. Jack Lightbourn (chairman), Mr. Peter Smith, Ms Zoleta Oliver and Mr. Elroy Ratteray.

In its wide-ranging 333-page report on the hearings released in Parliament yesterday, it also recommended: A special study be undertaken to find new sites for much-needed boat marinas and areas for dry storage; The growing conflict between industrial site owners and area residents be addressed; Exploration of the need for an alternative and "more appropriate'' type of Bermuda roofing material; High priority be given to increasing the number of sidewalks on the Island -- Bermuda's roads "in most cases (being) dangerous for pedestrians and difficult for motorists,'' and; A study be undertaken by the Agriculture and Parks Department to quell the "alarming'' spread of asphyxiating Mexican pepper and Indian laurel trees.

The Tribunal said although former Environment Minister the Hon. Ann Cartwright DeCouto assured landowners the new plan was not intended to take away existing development rights, "Many such cases appeared before us.'' "We submit the owners of existing approved lots should not be deprived of their development rights,'' it said.

Environment Minister the Hon. Gerald Simons said in a statement contained in the report that he agreed with all but one of the Tribunal members' recommendations and decisions. He was in opposition to their decision to make Industrial a Residential area at Bermuda Paint Company on Brighton Hill.

The Minister said the thoroughness and quality of the Tribunal's report had impressed him.

There had been a 120-percent increase in the number of objections submitted to the 1992 Plan compared with the 1983 Plan, he said. Though only 22 percent of the 1,188 objections submitted wound up before the Tribunal as unresolved.

The Tribunal's report did not say how many objections it had granted.

On the issue of compensation for loss of development rights, the Tribunal noted there seemed to be "a continuing perception'' by the public that new Bermuda plans were adversely affecting the development potential their properties had enjoyed under old plans.

A team of people from both the private and public sector should be appointed to look into "the issue of compensatory measures'' prior to the preparation of the next Bermuda Plan, it recommended.

On the need for more marinas and dry storage areas for boats, the Tribunal said, "Bermuda has in excess of 6,000 boats and as the population grows and open land is reduced, more and more people will gravitate to the water for recreation.'' The US Navy base lands when turned over to Bermuda and the airport dump might make suitable sites for marinas and boat storage, it suggested.

The Tribunal further said that during Island-wide site visits it "became aware of a number of locations where conflict is evident between existing commercial or industrial activity and adjoining use of land for residential purposes.'' It found, "The growth of some small businesses using trucks and mechanical equipment are the principal offenders in these cases.

"Neighbours have tolerated the sight of one such vehicle on the premises but where multiple numbers of such equipment are involved, parking becomes difficult and noise levels increase.

"It appears prudent that consideration be given to means to facilitate the amelioration of such conflict or the relocation of the offending use.'' On the issue of quarry sites, the Tribunal said that as the local population increased, people were bound to become less tolerant of such operations, thus requiring the importation of building block and gravel.

It suggested the base lands be considered for that purpose as well. They offered both deep-water docks and storage areas.

"We urge the committees appointed to deal with these properties to consider seriously these requirements,'' the Tribunal recommended.

Noting that Hurricane Emily created "a serious demand'' for roofing slate, it said, "Had this hurricane been of greater force and duration as were the hurricanes of 1899 and 1926, the damage would have been catastrophic.

"We urge that a special study of such a case be undertaken to explore the need for a more appropriate type of roofing.'' While sidewalks did not appear as a zoning item, the Tribunal said it felt they were much needed on the Island.

But care should be taken to replace any removed trees or shrubs with other and more appropriate green cover wherever possible.

"Bermuda is a very scenic island and the continued growth of tourists and our own people make sidewalks a necessary amenity,'' it stated.

The Tribunal said that also during site visits, it had become concerned at the extent to which pesky Mexican pepper and Indian laurel trees were multiplying.

It pointed out, "Indeed, many areas designated green space in the 1983 report we now find zoned as Woodland reserve under the 1992 Plan -- although they consist entirely of Mexican pepper.

"While the value of any plant or tree is recognised as a suitable green cover, the extent to which these trees have spread throughout the Island is alarming. They are very fast growing, blanketing the earth and killing most other plant beneath them.'' In one further recommendation, the Tribunal said in the future third party objectors -- those who do not own the land in question -- should not be allowed to object unless they own land within 200 metres of the site.

The Tribunal noted of the 1,188 objections filed, 86 were withdrawn, 843 were resolved without hearing and 259 went before it.