Ministers looked at bypassing planning rules for new homes
Emergency powers were considered by the Deputy Premier and the Attorney-General to override planning procedures, including the public’s right to object, so that work could start on the Government’s $418.5 million affordable homes scheme.
Talks by Zane DeSilva and Kim Wilkerson are referred to in minutes from the meetings of an ad hoc committee — appointed by Mr DeSilva, who is also the housing minister — which have been released under public access to information legislation.
The minutes, for meetings between March and July this year, reveal behind-the-scenes discussions about the ambitious affordable housing plan, which aims to deliver 994 new homes by 2035, and the minister’s desire for swift progress.
At a meeting on April 10, according to the minutes, the committee’s “discussion focused on using existing emergency powers to expedite housing projects and bypass the standard planning process, including the public objection period”.
The record added: “The Attorney-General has proactively suggested using these powers, which can be invoked quickly. Minister [DeSilva] agreed to reach out to the AG to discuss.”
Ms Wilkerson told The Royal Gazette: “I can confirm that the matter did not proceed to a formal request, and emergency powers were not invoked.”
The Ministry of Housing and Municipalities said: “The use of emergency powers is, appropriately, very rare and is not something Government would consider lightly.
“In this instance, the Affordable Housing Advisory Committee was exploring the full range of lawful options available to Government to determine whether there was both the legal feasibility and the appropriate basis to accelerate the delivery of urgently needed affordable housing.”
The topic arose again on April 17, when the committee was “in agreement for emergency powers to be used to expedite the project and is awaiting documents from the Attorney-General”.
At an April 24 meeting, it was noted that the Governor would need to be involved and that “emergency powers could remove red tape but not safety/structural compliance; team not relying on these”.
A May 29 meeting heard: “AG supports emergency powers; Governor must authorise …”
The issue was for Mr DeSilva to “continue to follow-up with” Ms Wilkerson, according to the minutes for June 19.
A spokeswoman for the Ministry of Housing and Municipalities said: “Housing is one of Bermuda’s most pressing challenges. Demand for affordable housing continues to grow, with more Bermudian families, seniors and working people facing difficulty securing safe, suitable accommodation at a price they can afford.
“The Government’s Affordable Housing Strategy recognises that the housing market has struggled to keep pace with demand and that increasing supply cannot be treated as business as usual. Where families are waiting for homes, unnecessary delay, indeed, any delay, has a very real human consequence.
“Against that background, the committee considered whether existing emergency provisions might provide an appropriate mechanism to support the timely delivery of affordable housing. This was an exploratory discussion intended to understand the options available and the circumstances in which those provisions could properly apply.
“Emergency powers remain part of the legislative framework and, should circumstances in the future meet the applicable statutory criteria, their use could be considered. Any future consideration would necessarily be based on the particular circumstances at the time and the requirements of the relevant legislation.
“The committee’s consideration of this option should therefore be understood in the context of the urgency of Bermuda’s housing challenge and the Government’s responsibility to consider appropriate mechanisms for accelerating the delivery of much needed affordable homes.”
The Governor can make emergency regulations to ensure public safety.
A Government House spokeswoman said this week: “The Governor has not been asked by Government to invoke emergency powers concerning housing.”
Mr DeSilva has outlined plans for 194 homes by 2028 under Phase 1 of the ten-year affordable homes scheme, financed with loans from Bermuda Commercial Bank and Clarien and backed by government guarantee.
Planning permission was granted in July for 24 new housing units at Albert Row, Sandys, where ground has been broken, and a 24-unit development on Tommy Fox Road, St David’s, as part of Phase 1.
They will be built by Coastal Precast Systems under a $64 million no-bid contract awarded to the American firm for 84 units.
A planning application was submitted in June for 110 one-bedroom units in Southampton to be built by Barbados firm Preconco Ltd under another no-bid contract.
Mr DeSilva told a press conference this month that more than 600 families were on a government waiting list for affordable housing, “so we cannot build these homes fast enough”.
• To read the AHAC meeting minutes released under Pati, see Related Media
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