Destination Villages (Daniel's Head, Sandys Parish) Special

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1999/Statutory%20Instruments/Destination%20Villages%20%28Daniel%27s%20Head%2C%20Sandys%20Parish%29%20Special%20.pdf
Published: 1999

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Destination Villages (Daniel's Head, Sandys Parish) Special Development Order 1999
DESTINATION VILLAGES (DANIEL’S HEAD, SANDYS PARISH)
SPECIAL DEVELOPMENT ORDER 1999

1

BR 3/1999

THE DEVELOPMENT AND PLANNING ACT 1974

1974 :51

THE DESTINATION VILLAGES (DANIEL'S HEAD, SANDYS
PARISH) SPECIAL DEVELOPMENT ORDER 1999

In exercise of the power conferred upon the Minister by section
15(2)(a) of the Development and Planning Act 1974, and all the powers
him hereunto enabling, the following Order is hereby made:

Citation
1 This Order may be cited as The Destination Villages (Daniel's
Head, Sandys Parish) Special Development Order 1999.

Interpretation
2 (1) In this Order—

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

"the Board" means the Development Applications Board;

"conditions" means conditions specified in paragraph 3(2);

"Destination Villages" means Destination Villages, Daniel's Head,
Bermuda Ltd, a company registered under the Companies Act
1981 on the 22 day of May 1998;

"the development" means the development referred to in the
planning application and more particularly described in the
First Schedule;

"eco-tent" means a self-contained, wood-framed, canvas-sided
structure raised on posts, which provides accommodation for
four to six persons;

DESTINATION VILLAGES (DANIEL’S HEAD, SANDYS PARISH)
SPECIAL DEVELOPMENT ORDER 1999

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"the planning application" means the application for planning
permission for the development made by Destination Villages
numbered PLN: 415/98 and dated 14 May 1998 as amended
by the submission dated 9 October 1998, and the
accompanying drawings numbered 1695.A.1b to A.6b; A.7 to
A.14; EX/1.A. 1 to EX/31.A.1; EX/36.A.1; and EV.1,
prepared by Messrs. Cooper and Gardner on behalf of
Destination Villages;

"the site" means the land described in the Second Schedule.

(2) Subject to sub-paragraph (1), any expression used in this
Order that is also used in the Act has the meaning assigned to it in the
Act.

Planning Permission
3 (1) Subject to the conditions specified in sub-paragraph (2),
planning permission is granted by this Order for the development of the
site.

(2) The conditions referred to sub-paragraph (1) are as
follows—

(a) an application for a building permit shall be submitted
for approval by the Building Control Officer prior to the
commencement of any construction work;

(b) the application for a building permit shall comply with
the requirements of the Bermuda Building Code 1998
and with any directions given by the Chief Fire Officer as
regards fire protection and the Chief Environmental
Health Officer as regards public health;

(c) prior to the issuance of a building permit, the applicant
shall submit for the approval of the Ministry of the
Environment a Storm Preparedness Plan that provides
full details of an evacuation and accommodation
protocol for the guests, and details of how it is proposed
to remove and store hazardous materials;

(d) prior to the issuance of a building permit, the applicant
shall submit for the approval of the Chief Environmental
Officer a detailed Asbestos Abatement Programme;

(e) prior to the issuance of a building permit, the applicant
shall submit for the approval of the Ministry of the
Environment a detailed Construction Programme for a
typical eco-tent located on the foreshore and a typical
eco-tent located in inshore waters, and the Construction

DESTINATION VILLAGES (DANIEL’S HEAD, SANDYS PARISH)
SPECIAL DEVELOPMENT ORDER 1999

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Programme shall include details of the measures to be
undertaken to contain debris and overspill from the
construction site to ensure there is no detrimental
impact on the marine environment;

(f) prior to the commencement of construction, the
applicant shall enter into an agreement with the Minister
of Works and Engineering in accordance with the
provisions of the Department of Works and Engineering
Act 1984 or the provisions of the Sale of Reclaimed
Lands Act 1951, or both, with respect to the
construction of any structure or works on the foreshore
or on the bed of the sea;

(g) prior to the submission of an application for a building
permit, and if necessary, thereafter, the applicant shall
meet with the Conservation Officer on site and shall then
identify and agree the location of the White-tailed
Tropicbird nest sites; and all eco-tents shall be set back
at least twenty feet from the nest sites so identified and
agreed; and

(h) no eco-tent shall be sited so as to encroach upon a sea
grass bed.

Saving
4 For the avoidance of doubt, it is hereby declared that nothing in
this Order grants planning permission for any matters of development for
which planning permission is required, apart from any matter for which
planning permission has been granted by paragraph 3.

FIRST SCHEDULE (paragraph 2(1))

The Development

1. The development of a tourism resort including 120 eco-tents of
approximately 400 square feet each, such eco-tents to be raised
on posts and linked by raised walkways.

2. The construction of observation platforms, a gazebo, swimming
pool and pavilions, and renovations and additions to the existing
dock.

3. The demolition of some 12,340 square feet of floorspace in eight
existing buildings.

DESTINATION VILLAGES (DANIEL’S HEAD, SANDYS PARISH)
SPECIAL DEVELOPMENT ORDER 1999

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4. Minor additions to, and the renovation and refurbishment of,
existing buildings to provide some 77,000 square feet of
floorspace to accommodate—

(a) a reception area, lounge and administration offices;

(b) meeting, assembly, dining and kitchen facilities;

(c) staff housing;

(d) manager's accommodation;

(e) a multi-purpose community outreach and
educational facility;

(f) recycling, composting and storage facilities;

(g) tourist accommodation; and

(h) security, maintenance and mechanical rooms.

5. Adjustments to the existing road system to provide vehicular
access for servicing, staff, emergencies and special needs, a
network of footpaths and the provision of parking space for 25
cars and 25 cycles.

SECOND SCHEDULE (paragraph 2(1))

The Site

ALL THAT LAND in the Parish of Sandys having an area of 8.04 hectares
(19.87 acres) shown outlined in red on Drawing number 1695-A-1b
accompanying the planning application.

Made this 16th day of February, 1999

Minister of the Environment