Development and Planning (Rocky Heights Quarry) Special Development Order 1997

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1997/Statutory%20Instruments/Development%20and%20Planning%20%28Rocky%20Heights%20Quarry%29%20Special%20Development%20Order%201997.pdf

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Development & Planning (Rocky Heights Quarry) Special Development Order 1997
THE DEVELOPMENT AND PLANNING (ROCKY HEIGHTS
QUARRY) SPECIAL DEVELOPMENT ORDER
1997ENVIRONMENTAL AUTHORITY: APPOINTED PLACE)
NOTICE 1994

1989 Revision 1

BR 57/1997

DEVELOPMENT AND PLANNING ACT 1974

1974 : 51

THE DEVELOPMENT AND PLANNING (ROCKY HEIGHTS
QUARRY) SPECIAL DEVELOPMENT ORDER 1997

ARRANGEMENT OF PARAGRAPHS

1 Citation
2 Interpretation
3 Planning permission

4 Condition
5 Commencement

WHEREAS—

(a) the quarry at Rocky Heights in the Parish of Smith's
("the Quarry site") has been worked out since sometime
in or about 1993; and

(b) the applicants between them control and operate the
Quarry site; and

(c) the applicants have agreed, in the interest of the amenity
of neighbouring land, to abandon certain land that
affords them access to the Quarry site (conveying part of
the abandoned land to Manor House Properties Limited),
and make arrangements for alternative such access
across other land known as "the Strawberry Field"; and

(d) the Minister and the applicants propose to enter into an
agreement under section 34 of the Development and

THE DEVELOPMENT AND PLANNING (ROCKY HEIGHTS
QUARRY) SPECIAL DEVELOPMENT ORDER 1997

AUTHORITY: APPOINTED PLACE) NOTICE 1994

2 1989 Revision

Planning Act 1974 regulating the future development
and use of the Quarry site, which agreement, together
with this Order, embodies an understanding come to
between the Minister and the applicants over the future
development and use of the Quarry site; and

(e) the Minister deems it expedient that planning
permission affecting the Quarry site should be granted
in the terms hereinafter appearing:

NOW, THEREFORE, the Minister, in exercise of the power
conferred on him by section 15 of the Development and Planning Act
1974 ("the Act") and every other power vested in him, makes this
Order:—

Citation
1 This Order may be cited as the Development and Planning
(Rocky Heights Quarry) Special Development Order 1997.

Interpretation
2 In this Order—

"aggregate" means any materials (including sand) derived from
rip rock, soil or spoil;

"the Agreement" means the agreement made on 8 September
1997 under section 34 of the Act between the Minister and
the applicants;

"the applicants" means the applicants for planning permission,
that is to say, Herbert Michael Paul Bierman and Bierman's
Concrete Products Limited;

"the Minister" means the Minister responsible for Planning;

"off-site" means from a site off the Quarry site;

"operation" includes the ingress and egress of heavy trucks (as
defined in section 40(7)(b) of the Motor Car Act 1951) to and
from the Quarry site;

THE DEVELOPMENT AND PLANNING (ROCKY HEIGHTS
QUARRY) SPECIAL DEVELOPMENT ORDER
1997ENVIRONMENTAL AUTHORITY: APPOINTED PLACE)
NOTICE 1994

1989 Revision 3

"the plan" means the plan of the Quarry site as shown in the
extract, set forth in the First Schedule, from ordnance map
sheet 6/13 of Series E8111 as revised by the Ministry of
Works and Engineering, Parks and Housing in June 1993;

"the Quarry site" means the land described in the Second
Schedule; and

"rip rock" means large gradations of broken rock.

Planning permission
3 Subject to the condition in paragraph 4 and to the Agreement,
planning permission is granted for any use of, or operation at, the
Quarry site for the following purposes—

(a) the storage of off-site rip rock or rubble, or the storage of
aggregate;

(b) the installation and use of crushing machinery, at any
location within the area of the Quarry site shown
hatched black on the plan, for the processing of rip rock,
soil or spoil into aggregate of such gradations as may
from time to time be required.

Condition
4 Any such use of, or operation at, the Quarry site—

(a) is, subject to sub-paragraph (b) below, permitted only
between 7:30 a.m. and 6:00 p.m. on any day;

(b) is not permitted at any time on a Sunday or any other
public holiday.

Commencement
5 This Order comes into operation on 8 September 1997.

THE DEVELOPMENT AND PLANNING (ROCKY HEIGHTS
QUARRY) SPECIAL DEVELOPMENT ORDER 1997

AUTHORITY: APPOINTED PLACE) NOTICE 1994

4 1989 Revision

FIRST SCHEDULE (Paragraph 2)

PLAN OF QUARRY SITE

THE DEVELOPMENT AND PLANNING (ROCKY HEIGHTS
QUARRY) SPECIAL DEVELOPMENT ORDER
1997ENVIRONMENTAL AUTHORITY: APPOINTED PLACE)
NOTICE 1994

1989 Revision 5

SECOND SCHEDULE (Paragraph 2)

DESCRIPTION OF QUARRY SITE

ALL THAT lot or parcel of land comprising 2.51 hectares in area edged
black on the plan shown in the First Schedule above.