Trust attacks `peculiar' order
this week when zoning restrictions at its proposed site were lifted in a "peculiar'' move.
Plans for the Vesey Street, Devonshire, location will now go before the Development Applications Board following the granting of a special development order by Environment Minister Irving Pearman.
If the order had not been granted, said Mr. Pearman, the DAB would have been unable to even look at the plans from the Bermuda Equestrian Federation.
The plans would have been turned down because the area is zoned Woodland Reserve and Open Space.
It is understood that an order to lift zoning restrictions has never been granted before. Previous special development orders have effectively granted in principle planning approval but this order does not.
Bermuda National Trust environmental committee chairman Tim Marshall said the granting of the order was "extremely peculiar''.
"Not only has he lifted the zoning,'' said Mr. Marshall, "he has lifted the most restrictive zoning on a parcel of land owned by the people of Bermuda.
"What the public now has to ask itself is if land is zoned woodland reserve, why can't every planning application be dealt with in this manner? "This is an awful precedent. It does not bode well for Government's commitment to the natural environment of the Island.'' Mr. Pearman said a major reason behind his granting of the order was because Bermuda had recently received about ten percent of its land mass back with the pull-out of the US Navy.
This had created a lot of open space which was not available when the Bermuda Plan and its zoning restrictions were created in 1992.
There was also a large following of horse lovers, he continued, and people's quality of life in Bermuda had to be considered as well as preservation of open spaces.
Mr. Marshall said the Trust was aware that the Minister might grant the order and had approached Premier Pamela Gordon. She directed them to acting permanent secretary of Planning, Brian Rowlinson.
Mr. Marshall said the Minister did not hear the objectors' submissions although he had heard the submissions from the Bermuda Equestrian Federation.
"The Minister acted on the submission of a special interest group but has not taken into account the submissions of Government's own experts. He has also not taken into account the submissions of environmental groups. He does not want to hear from us.'' Mr. Marshall expected the Government to argue that the Minister was entitled to do that, but the Trust would argue that the legislation never intended for the Minister to act in this manner.
And he said the Trust would now have to enter a time consuming and costly procedure of trying to convince the DAB that the application had to be denied because the land was of such vital importance.
The devastation of the hillside will involve quarrying out 200,000 cubic square feet of rock leaving a cliff as high as the Bank of Bermuda building at Albouy's Point.
The dust, noise and ecological destruction of such a site is expected to environmentally devastate the area and cause a knock-on effect at Devonshire Marsh. The Audobon Society and Save Open Spaces are also protesting the plans.
