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Pembroke Hamilton Club Redevelopment (Middle Road) (Warwick Parish) Special Development Order 2003

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Pembroke Hamilton Club Redevelopment (Middle Road) (Warwick Parish) Special Development Order 2003
PEMBROKE HAMILTON CLUB REDEVELOPMENT (MIDDLE
ROAD) (WARWICK PARISH) SPECIAL DEVELOPMENT ORDER
2003

1

BR 5/2003

DEVELOPMENT AND PLANNING ACT 1974

1974 : 51

PEMBROKE HAMILTON CLUB REDEVELOPMENT (MIDDLE
ROAD) (WARWICK PARISH) SPECIAL DEVELOPMENT ORDER

2003

The Minister of the Environment, in exercise of the powers
conferred upon him by section 15(1) of the Development and Planning
Act 1974, makes the following Order:

Citation
1 This Order may be cited as the Pembroke Hamilton Club
Redevelopment (Middle Road) (Warwick Parish) Special Development
Order 2003.

Interpretation
2 (1) In this Order —

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

"applicant" means The Pembroke Hamilton Club;

"conditions" means conditions specified in paragraphs 3(3) and
4(2);

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

"planning application" means the application for planning
permission for the development made by the applicant,
numbered P0233/02 and dated 21st March 2002, and the
accompanying drawings numbered AO1D, A03-A09 prepared
by Entech Development Associates Ltd. and submitted on
behalf of the applicant;

"reserved matters" means matters reserved for approval by the
Board in accordance with section 23(8) of the Act in relation

PEMBROKE HAMILTON CLUB REDEVELOPMENT (MIDDLE
ROAD) (WARWICK PARISH) SPECIAL DEVELOPMENT ORDER
2003

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to the planning permission in principle granted under
paragraph 3(1);

"site" means the land described in the Third Schedule;

"subdivision" means the subdivision of land referred to in the
draft plan of subdivision application and more particularly
described in the Second Schedule;

"subdivision application" means the application for planning
permission for the draft plan of subdivision made by the
applicant, numbered S0075/02 and dated 1st October 2002,
and the accompanying drawing numbered SD01 prepared by
Entech Development Associates Ltd. and submitted on behalf
of the applicant.

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

(2) The reserved matters referred to in sub-paragraph (1) are as
follows:

(a) the siting and site coverage of any building, and the
siting of any works;

(b) the scale, height, design, architectural detailing, external
appearance and materials of any building or works;

(c) the design and layout of all access roads and parking
areas; and

(d) a comprehensive landscape scheme prepared in
accordance with paragraph 6.13 of the Bermuda Plan
1992 Planning Statement.

(3) The conditions referred to in sub-paragraph (1) are as
follows:

(a) the matters referred to in sub-paragraph (2) are reserved
for the approval of the Board as part of the application
for final planning permission;

PEMBROKE HAMILTON CLUB REDEVELOPMENT (MIDDLE
ROAD) (WARWICK PARISH) SPECIAL DEVELOPMENT ORDER
2003

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(b) all access roads and junctions with the public road shall
be designed in accordance with the requirements
specified by the Ministry of Works & Engineering;

(c) the proposed new access road from Middle Road to
Stadium Lane shall be sited, designed and laid out in
accordance with the specifications of the Ministry of
Works & Engineering and with the approval of the
Ministry of Education;

(d) the applicant shall be responsible for all costs associated
with the construction and on-going maintenance of the
new access road from Middle Road to Stadium Lane;

(e) prior to the grant of final planning permission, the
applicant shall finalise negotiations and reach
agreement with the Ministry of Works and Engineering
on the following matters:

(i) the voluntary conveyance to the Bermuda
Government of land along the south side of
Middle Road required for improvements to the
public road, including the provision of a right-
turning lane, sidewalk and bus lay-by; and

(ii) the conveyance from the Bermuda Government
to the applicant of the land required for the new
access road from Middle Road to Stadium Lane;

(f) the application for final planning permission shall
include the provision of a dedicated access roadway from
Middle Road to the property held by the Bermuda
National Trust, and the details of this roadway shall be
subject to the approval of the Bermuda National Trust;

(g) prior to the submission of the application for final
planning permission, the applicant shall review, in
consultation with technical officers of the Department of
Planning, all aspects of the design and layout of the
proposed club house in order to reduce the overall scale,
massing and visual impact of the building;

(h) the planning permission in principle hereby granted
does not include permission for the proposed
encroachment upon the railway trail at the southern end
of the new pitch (as shown on site layout drawing A010
dated September 2002), and prior to the submission of
the application for final planning permission, the

PEMBROKE HAMILTON CLUB REDEVELOPMENT (MIDDLE
ROAD) (WARWICK PARISH) SPECIAL DEVELOPMENT ORDER
2003

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applicant shall redesign the layout of the development
scheme to avoid any encroachment upon the Railway
Trail National Park;

(i) no pedestrian or vehicular access shall be provided from
the Railway Trail to the site either during construction or
on completion of the development; and

(j) the applicant shall be responsible for resolving all legal
matters associated with the closure of the existing
access road to Stadium Lane and the provision of an
alternative access road, and the applicant shall be
responsible for all costs involved in the development,
ownership and on-going maintenance of the proposed
access road to Stadium Lane.

Planning permission to subdivide land
4 (1) Subject to the conditions specified in sub-paragraph (2),
planning permission of the draft plan of subdivision is granted by this
Order for the subdivision.

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

(a) an application for planning permission based on a final
plan of subdivision shall be submitted for the approval of
the Board;

(b) the final plan of subdivision shall include the following
details:

(i) the alignment of the proposed new access road
from Middle Road to the sports club;

(ii) the alignment of the proposed new access road
from Middle Road to the property held by the
Bermuda National Trust; and

(iii) the boundaries of the land along the south side
of Middle Road to be conveyed to the Bermuda
Government for improvements to the public
road, including the provision of a sidewalk;

(c) the final plan of subdivision shall be based on an up-to-
date survey of the property prepared by a registered land
surveyor.

PEMBROKE HAMILTON CLUB REDEVELOPMENT (MIDDLE
ROAD) (WARWICK PARISH) SPECIAL DEVELOPMENT ORDER
2003

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Saving
5 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
paragraphs 3 and 4.

FIRST SCHEDULE (paragraph 2(1))

The Development

1. The demolition of the existing club house and the construction of
a new five level, multi-purpose sports complex of approximately 41,000
square feet of floor-space for indoor sports and ancillary recreational
activities.

2. The development of a dual purpose football and cricket pitch
immediately to the east of the proposed club house.

3. The development of a new gas station with ancillary parking and
courtyard with access from and to Middle Road.

4. The development of permanent on-site parking for about 150
cars and 70 cycles to the north and south of the new club house, and in
the south-eastern corner of the site.

5. The re-grading, grassing and improved drainage of the existing
playing field to the west of the new club house to provide overflow
parking for 130 cars and 100 cycles.

6. A programme of road improvements and the development of a
new network of roadways and access points, including:

(a) improvements to Middle Road including the provision of
a right-turning lane, sidewalks and a bus lay-by;

(b) a new access road serving the club from Middle Road
terminating at the car park immediately to the south of
the proposed club house;

(c) closure of the existing access road to through traffic and
the provision of a dedicated access from Middle Road to
the property held by the Bermuda National Trust; and

(d) the development of a new roadway along the eastern side
of Spice Valley Middle Road to provide access between
Middle Road and Stadium Lane.

PEMBROKE HAMILTON CLUB REDEVELOPMENT (MIDDLE
ROAD) (WARWICK PARISH) SPECIAL DEVELOPMENT ORDER
2003

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SECOND SCHEDULE (paragraph 2(1))

The Subdivision

1. The creation of one separate lot of approximately 0.5 acres in the
north-western corner of the site for the development of a new service
station.

THIRD SCHEDULE (paragraph 2(1))

The Site

ALL THAT LAND in the Parish of Warwick having an area of 7.80 acres
(3.16 hectares) shown outlined in red on drawing number A10D
accompanying the planning application.

Made this 31st day of January, 2003

Minister of the Environment