Development And Planning (Application Procedure) Rules 1997

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Development And Planning (Application Procedure) Rules 1997
Title 20
Laws of Bermuda Item 1(da)

1989 Revision 1

BERMUDA STATUTORY INSTRUMENT

BR 7/1997

DEVELOPMENT AND PLANNING (APPLICATION PROCEDURE)
RULES 1997

[made under section 78 of the Development and Planning Act 1974 [title 20
item 1] and brought into operation on 1 April 1997]

ARRANGEMENT OF RULES

PART I
PRELIMINARY

1 Citation and
commencement

2 Interpretation
3 Architectural plans
4 Draft plan of subdivision
5 Location plan
6 Site excavation plan
7 Site plan

PART II
APPLICATIONS: GENERAL

PROVISIONS

8 Planning application
9 Renewal of permission
10 Additional information

11 Proof of ownership of land
12 Consent of other persons
13 Notification of receipt of

application

PART III
APPLICATIONS TO DEVELOP

LAND

14 In principle application
15 Final application

PART IV
APPLICATIONS TO SUBDIVIDE

LAND

16 Application to subdivide
land

PART V
OTHER APPLICATIONS

DEVELOPMENT AND PLANNING (APPLICATION PROCEDURE)
RULES 1997

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17 Application for carrying
out foreshore work

PART VI
OBJECTIONS AND
REPRESENTATIONS

18 Method of making an
objection

19 Comments of Government
Departments, etc

20 Timetable for objections
21 Advice of Advisory

Architectural Panel
22 Inspection of records

PART VII
MEETINGS AND HEARINGS

23 Notice of Board meetings
24 Guidelines for hearings
25 Notice for hearings
26 Hearing to be in camera
27 Parties at hearings

PART VIII
MINUTES AND NOTIFICATION

28 New issues after the
hearing

29 Board's records
30 Notification of decision

PART IX
REVOCATION

31 Revocation of 1970
Regulations

PART I
PRELIMINARY

Citation and commencement
1 These Rules may be cited as the Development and Planning
(Application Procedure) Rules 1997 and shall come into effect on 1st
April 1997.

Interpretation
2 In these Rules, unless the context otherwise requires—

"the Act" means the Development and Planning Act 1974;

"applicant" means a person applying for planning permission
and "application" shall be construed accordingly;

"architectural plan" means plans, elevations and sections drawn
in accordance with, and showing the matters specified in,
rule 3;

"the Board" means the Development Applications Board
established under section 3 of the Act;

"the Department" means the Department of Planning;

"the Director" means the Director of Planning;

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"draft plan of subdivision" means a plan drawn in accordance
with, and showing the matters specified in, rule 4;

"location plan" means a plan drawn in accordance with rule 5;

"planning permission" has the meaning assigned to it by section
1 of the Act;

"planning permission in principle" has the meaning assigned to
it by section 23(8) of the Act;

"prescribed fee" means the appropriate fee, if any, prescribed
under the Government Fees Act 1965;

"private road" means a road that is not a public highway and
includes an estate road;

"public road" means a public highway;

"site excavation plan" means a plan drawn in accordance with,
and showing the matters specified in, rule 6;

"site excavation work" includes—

(a) any excavation upon any land, whether by the use of
excavation equipment or otherwise, preparatory to the
commencement of any building or engineering
operations; and

(b) any quarrying operations;

"site plan" means a plan drawn in accordance with, and showing
the matters specified in, rule 7.

Architectural plans
3 (1) An architectural plan shall show—

(a) the roof, foundation and each floor of the building with
extensions clearly marked;

(b) elevations of all sides, in the case of a proposed new
building and, in any other case, elevations of all sides of
any building which will be affected by the proposed
development;

(c) two cross-sections of the building and its relationship to
the site, taken at right angles, showing the levels of all
ground floors and of the existing and proposed finished
grades of the site in relation to all adjoining public or
private roads and lot lines; and

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(d) the materials proposed to be used in the development,
and, where appropriate, their colour.

(2) An architectural plan shall be drawn to a scale of not less
than 1:100 except where, after consultation with the Director, a scale of
not less than 1:200 may be used.

Draft plan of subdivision
4 A draft plan of subdivision shall be drawn to a scale of not less
than 1:500 and shall show—

(a) the boundaries of the application site edged in red,
dimensions, area or areas, development plan zonings
and surveyed contours (at one metre intervals) of the
existing lot or lots of land to be subdivided;

(b) the approximate area or areas and boundaries to be
created by the subdivision;

(c) the widths, location, and grades of the road or roads
intended to provide access to the subdivision;

(d) the location, area or areas and boundaries of any land to
be dedicated for community purposes;

(e) the location and dimensions of any rights or easements
which exist over the parcel or parcels to be subdivided;

(f) the location of all existing structures (including walls,
fences, water tanks, wells and any cess pits known to
exist) and existing uses on or under the land to be
subdivided; and

(g) the location of any sewers, pipelines, cables or other
apparatus known to exist, including those of statutory
undertakers.

Location plan
5 A location plan shall be drawn to a scale of 1:2500 and shall
show—

(a) the location of the land proposed to be developed or
subdivided shown edged in red, and any adjoining
properties, owned by the person who owns the land
proposed to be developed, or subdivided, shown edged in
blue;

(b) the location of all buildings on the adjoining properties
as shown on the most recent Ordnance Survey map; and

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(c) the location, and the means of access from the land
proposed to be developed or subdivided to the public
road or roads coloured yellow.

Site excavation plan
6 A site excavation plan shall be drawn to a scale of not less than
1:500 and shall show—

(a) the boundaries and area of the site, edged in red;

(b) the location of all existing and proposed buildings, plant
and machinery;

(c) the existing and proposed uses of any buildings;

(d) the surveyed contours (at one metre intervals) both as at
the date of application and as they are proposed upon
cessation of any site excavation work;

(e) sufficient sections through the site to a scale not less
than 1:250 to show—

(i) the present grade line and elevation;

(ii) the maximum depth of any site excavation work,
vertical rock faces and steps; and

(iii) the proposed grade line and elevation; and

(f) the location, width and grade of all existing and
proposed means of vehicular access to the site.

Site plan
7 (1) A site plan or plans shall show—

(a) the boundaries of the application site edged in red,
together with its dimensions;

(b) the location and use of all existing and proposed
buildings or structures within the site (including any
proposed additions), and the location and use of all
existing buildings or structures on adjacent land which
lie within 4.5 metres of any part of the application site;

(c) the area of the application site;

(d) the surveyed contours of the site at one metre intervals;

(e) existing and proposed lines and levels of the rain or
storm water surface runoff and sewage system;

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(f) the location of any cess pits, water tanks and wells
known to exist and the proposed location of any such
structures;

(g) the location and layout of existing and proposed parking
areas;

(h) proposed landscaping of the site, including all existing
trees and shrubs to be removed or retained, and trees
and shrubs to be planted;

(i) the location, width and grade of vehicular access to the
site and grade and radii of any road junction (the bell-
mouth);

(j) the location and dimensions of any rights or easements
which exist over the application site;

(k) if a proposed change of use is involved, the part of the
land or building subject to the change of use and the
existing and proposed uses; and

(l) if any regrading of the application site is involved, the
extent of the area to be excavated or filled and the depth
to which it will be excavated or filled.

(2) A site plan shall be drawn to a scale not less than—

(a) 1:250 for application sites not exceeding 0.20 hectares
in area; or

(b) 1:500 in all other cases.

(3) Where the site plan relates to an application to develop
undeveloped land, the site plan shall show the boundaries and
dimensions of the application site confirmed by land survey and
supported by calculations if so required by the Board.

PART II
APPLICATIONS: GENERAL PROVISIONS

Planning application
8 (1) Subject to rules 14 to 16, an application for planning
permission shall be made on such form as the Minister may from time to
time determine which shall be completed in full and shall be
accompanied by such plans, maps and drawings of such quality and
legibility as the Board considers appropriate.

(2) In addition to anything required by these Rules to be
provided with respect to an application, an applicant may submit such

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other photographs, drawings, maps, plans, models or written
representations as the applicant considers necessary to apprise the
Board of the merits of the application; and any such supplementary
documentation shall be regarded as forming part of the application
unless expressly excluded, in writing, by the applicant.

(3) Subject to paragraph (4), where an application for planning
permission does not comply with the requirements of these Rules, the
Board may refuse to consider the application, and if it does shall so
inform the applicant in writing.

(4) Nothing in paragraph (3) shall prohibit the Board from
considering an application that does not comply with the requirements of
these Rules.

Renewal of permission
9 (1) Notwithstanding rule 8, the Board may consider an
application for renewal of planning permission made in writing and
giving sufficient information to enable the Board to identify the previous
grant of planning permission and any condition in question.

(2) Paragraph 1 applies only in relation to renewal of a
planning permission—

(a) previously granted for development which has not yet
begun, and

(b) in relation to which a time limit imposed under section
23 of the Act has not expired but has less than three
months to run before it expires.

Additional information
10 The Board may, in addition to the information referred to in
these Rules, require an applicant to provide further specified drawings,
plans or other information, including a model, architectural renderings
and such information relating to the environmental effects of the
proposed development as it considers appropriate, to enable it to
determine an application.

Proof of ownership of land
11 If so required by the Board, an applicant who claims to be the
owner of the land in respect of which the application is made shall
adduce evidence of title sufficient to establish his ownership to the
satisfaction of the Board.

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Consent of other persons
12 Where for any reason the consent of any other person to an
application is sought by the applicant that consent shall be in writing in
such form as the Board may from time to time determine.

Notification of receipt of application
13 (1) The Board may, with the approval of the Minister, establish
guidelines as to the cases and circumstances in which the receipt of an
application for planning permission will require public notification.

(2) Where in accordance with such guidelines the receipt of an
application requires public notification

(a) the Director shall, by notice published in the Gazette,
give notification of such receipt; and

(b) the Board may require the applicant to display a notice
or notices on the site in question in accordance with
such directions as the Board may give.

PART III
APPLICATIONS TO DEVELOP LAND

In principle application
14 An application for planning permission in principle for the
development of land shall consist of—

(a) the application form completed in duplicate;

(b) four copies of the location plan;

(c) four copies of the site plan, two copies of which shall be
appropriately coloured so as to identify all proposed
development;

(d) if site excavation work is to be involved, four copies of
the site excavation plan, unless the site plan
incorporates all of the required features of the site
excavation plan;

(e) evidence of payment of the prescribed fee; and

(f) a certificate of the kind referred to in section 16(2) of the
Act, if required.

Final application
15 An application for final planning permission for the development
of land shall consist of—

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(a) the application form completed in triplicate;

(b) four copies of the location plan;

(c) four copies of the site plan, two copies of which shall be
appropriately coloured so as to identify all proposed
development;

(d) any information or material required pursuant to
conditions attached by the Board to any approval for
planning permission in principle;

(e) four copies of the architectural plans, two copies of
which shall be appropriately coloured so as to identify all
proposed development;

(f) evidence of payment of the prescribed fee; and

(g) a certificate of the kind referred to in section 16(2) of the
Act, if required.

PART IV
APPLICATIONS TO SUBDIVIDE LAND

Application to subdivide land
16 (1) Subject to paragraph (4), an application for planning
permission for the subdivision of land shall consist of—

(a) the application form completed in duplicate;

(b) four copies of the location plan;

(c) four copies of the draft plan of subdivision indicating the
matters specified in section 35C(2)(a) of the Act;

(d) evidence of payment of the prescribed fee; and

(e) a certificate of the kind referred to in section 16(2) of the
Act, if required.

(2) Upon receiving approval of the draft plan of subdivision
from the Board, an applicant may apply for the approval of a final plan of
subdivision and such an application shall consist of—

(a) the application form completed in duplicate;

(b) four copies of the final plan of subdivision;

(c) evidence of the payment of the prescribed fee; and

(d) a certificate of the kind referred to in section 16(2) of the
Act, if required.

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(3) In this rule, "final plan of subdivision" means a plan of
subdivision which

(a) is a draft plan of subdivision or has been approved as
such a plan but which, notwithstanding the provisions
of rule 4(a), need not show the development plan zonings
and surveyed contours referred to in that rule;

(b) has been confirmed by land survey, and is supported by
calculations if so required by the Board;

(c) contains such engineering or other details as the Board
may require relating to the construction of any roads.

(4) In such cases as the Board may allow, an application for
planning permission for the subdivision of land pursuant to section 35C
of the Act may consist of an application for approval of a final plan of
subdivision which has not previously been approved as a draft plan.

PART V
OTHER APPLICATIONS

Application for carrying out foreshore work
17 An application for final planning permission for any development
in connection with foreshore work, within the meaning of section 1 of the
Foreshore Licences Act 1945, shall be accompanied by a copy of the
application to the Minister for the grant of a foreshore licence under
section 3 of that Act.

PART VI
OBJECTIONS AND REPRESENTATIONS

Method of making an objection
18 (1) Any person may make an objection to the Board with
respect to an application, and any such objection shall be made in
writing and shall be received by the Department within 14 days of the
date of notification of the receipt of the application appearing in the
Gazette.

(2) An objection shall—

(a) identify the application to which the objection relates
and the application's reference number;

(b) contain the name of the person making the objection
and an address in Bermuda at which notices may be
served upon him;

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(c) where the objection is signed by more than one person,
specify one address in Bermuda at which notice may be
served upon those making the objection;

(d) state whether the person signing the objection has an
interest in land in the vicinity of the land to which the
application relates and, if so, the nature of that interest
and the location of that land;

(e) state the grounds upon which the objection is made; and

(f) be signed by the person or persons making the
objection.

(3) Objections may be made on an objector's behalf by an
authorised representative.

(4) The Board may disregard any objection which does not
conform to the requirements of paragraph (2) and any objection so
disregarded shall be deemed not to have been made.

Comments of Government Departments, etc
19 (1) The Board shall afford such Ministries and Departments
within the Government of Bermuda as it considers may be affected by, or
interested in, an application, the opportunity to comment in writing on
the application.

(2) The Board may invite such other persons as it thinks fit to
make written representations or comments with respect to any
application.

Timetable for objections
20 (1) Where an objection is made to an application under rule 18,
a copy of such objection shall be made available to the applicant by the
Director not less than 14 days before the date on which the application is
to be considered by the Board.

(2) The applicant may make such submissions in writing as he
may think fit upon the copy of the objection being made available to him
under paragraph (1).

(3) Where the Board is satisfied that the provisions of
paragraph (1) have been complied with and that the applicant has had
proper opportunity of submitting his case to the Board (whether or not
he has, in fact, done so), the Board may deal with the application as it
sees fit.

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(4) With the consent of the applicant, the Board may consider
an application where an objection is made available to the applicant less
than 14 days prior to its consideration.

Advice of Advisory Architectural Panel
21 (1) An applicant or an objector may, within 14 days of the
notice appearing in the Gazette, request, in writing, the Board to seek the
advice of the Advisory Architectural Panel; and the Board, after
considering such a request may, in its discretion, seek the advice of the
Advisory Architectural Panel or refuse the request.

(2) Where the Board seeks the advice of the Advisory
Architectural Panel, the Advisory Architectural Panel shall not be
required to take evidence or hear parties to the application but shall
consider the application in any way it sees fit and shall advise the Board
in writing.

(3) In this rule, the "Advisory Architectural Panel" means the
Advisory Architectural Panel established under section 4 of the Act.

Inspection of records
22 (1) The record of any application made pursuant to these
Rules shall, together with any plans or drawings annexed thereto,
include the following documents—

(a) the application;

(b) where notification of the receipt of an application has
been published in the Gazette, a copy of such published
notification;

(c) any objection made to the Board under rule 18;

(d) any representations or comments made to the Board
under rule 19;

(e) any submission made to the Board under rule 20(2);

(f) any advice given by the Advisory Architectural Panel
under rule 21;

(g) any recommendation made to the Board in respect of the
application, by the Director;

(h) the minutes of the Board relevant to the application; and

(i) the notification to the applicant of the Board's decision
with respect to the application.

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(2) Any member of the public may, upon payment of the
prescribed fee, if any, examine the record of an application.

PART VII
MEETINGS AND HEARINGS

Notice of Board meetings
23 (1) At least twenty-four hours prior to a meeting of the Board,
there shall be posted in the offices of the Department an agenda for that
meeting.

(2) The agenda shall, in respect of each application, consist
of—

(a) the name of the applicant;

(b) the location of the proposed development or subdivision;

(c) a brief description of the nature of the application; and

(d) whether there will be a hearing of the matter pursuant to
rule 24.

(3) An application in respect of which no objection has been
made under rule 18 may be added to the agenda at any time prior to the
closure of the meeting of the Board.

Guidelines for hearings
24 The Board may establish guidelines as to the cases and
circumstances in which a hearing will be held.

Notice for hearings
25 (1) Notwithstanding rule 23(1) and subject to paragraphs (2)
and (3) below, the date, time and place for the holding of a hearing by the
Board shall be fixed by the Board and the Board shall give not less than
14 days notice of such date, time and place to the applicant and any
person who has made an objection to the application.

(2) With the consent of the applicant and any person who has
made an objection to the application, the Board may give a shorter
period of notice.

(3) Where necessary, the time or place fixed for any hearing
may be varied and the Board shall give such notice of the variation as
may appear reasonable in the circumstances.

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Hearing to be in camera
26 The Board shall, subject to the provisions of this Part, hold
hearings in camera, but may, in any particular case, where it considers
it appropriate so to do, invite members of the public to attend a hearing.

Parties at hearings
27 (1) Subject to rule 26, the applicant, the Director, and any
person who has made an objection to the application may appear at a
hearing either in person or through a duly authorised representative.

(2) The Chairman shall have conduct of a hearing and, without
prejudice to the generality of the foregoing—

(a) shall bring a hearing and any person addressing the
hearing to order;

(b) may impose general time limits on addresses made
during a hearing.

(3) The applicant, the Director, and any person who has made
an objection shall be entitled to call witnesses, and to rebut the evidence
of others, but any other person appearing at a hearing may only
comment on the evidence of others to the extent permitted by the
Chairman.

(4) If any person entitled to appear at a hearing fails to do so,
the Board may, in its discretion, proceed with the hearing.

(5) The Chairman may, in his discretion, permit any person to
address the Board.

(6) The Chairman may from time to time adjourn a hearing and
shall do so if, in his opinion, time is needed to allow the interested
parties to respond to new evidence or previously unknown
representations.

(7) If the date, time and place of an adjourned hearing are
announced before the adjournment, no further notice shall be required.

New issues after the hearing
28 If after a hearing the Board proposes to take into consideration
any new information, which was not presented at a hearing and which
they consider material to their decision, they shall not come to a decision
without first notifying the applicant, the Director and any person having
made a representation, of the new information and affording them an
opportunity of making representations thereon in writing within such
time as the Board may think fit.

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PART VIII
MINUTES AND NOTIFICATION

Board's records
29 (1) The Board shall keep written minutes of its meetings and
hearings and such minutes shall be signed by the Chairman or acting
Chairman.

(2) The minutes of each meeting or hearing shall be posted in
the Department within twenty-four hours of the meeting at which they
were confirmed by the Board, and shall remain posted for the duration of
the period for appealing the decision of the Board specified in any
provisions governing appeals.

(3) The minutes, as confirmed and posted, shall be the official
record of the Board and shall take priority over any other notice, letter,
writing or other communication as to the decision of the Board.

(4) For the avoidance of doubt, it is hereby declared that
planning permission shall be deemed to have been granted as of the date
the minutes of the meeting of the Board granting the planning
permission are confirmed.

Notification of decision
30 (1) The Board shall as soon as practicable after determining an
application for planning permission give notice of its decision in writing
to the applicant and anyone having made a representation under rule 18
or 19.

(2) For the purposes of any appeal under Part IX of the Act,
notification of the Board's decision under paragraph (1) shall be deemed
to have been received by the applicant or other person on the day on
which it was actually received by him or seven days after the date of
posting, whichever is earlier.

PART IX
REVOCATION

Revocation of 1970 Regulations
31 The Development and Planning (Development Application
Procedure) Regulations 1970 (which are superseded by these Rules) are
revoked.