Residential Treatment Facility, Aeolia Drive (Devonshire Parish) Special Development Order 2003
RESIDENTIAL TREATMENT FACILITY (AEOLIA DRIVE)
(DEVONSHIRE PARISH) SPECIAL DEVELOPMENT ORDER
2003

1

BR 4/2003

DEVELOPMENT AND PLANNING ACT 1974

1974 : 51

RESIDENTIAL TREATMENT FACILITY (AEOLIA DRIVE)
(DEVONSHIRE PARISH) SPECIAL DEVELOPMENT ORDER

2003

The Minister of the Environment, Development and Planning, in
exercise of the powers conferred on 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 Residential Treatment Facility
(Aeolia Drive) (Devonshire Parish) Special Development Order 2003.

Interpretation
2 (1) In this Order —

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

"applicant" means The Bermuda Housing Corporation;

"Building Official" means the Director of Planning;

"conditions" means the conditions specified in paragraph 3(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 P0496/02 and dated 14th June 2002, and the
accompanying drawings numbered A101 and 102, A201 to
204, A301, A401 and 402, L101-103 prepared by the
Ministry of Works and Engineering and submitted on behalf
of the applicant;

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

RESIDENTIAL TREATMENT FACILITY (AEOLIA DRIVE)
(DEVONSHIRE PARISH) SPECIAL DEVELOPMENT ORDER
2003

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(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 in sub-paragraph (1) are as
follows:

(a) an application for a building permit shall be submitted
to, and shall be approved by, the Building Official 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 in
respect of fire protection and the Chief Environmental
Health Officer in respect of public health;

(c) the access road (Aeolia Drive), driveways and parking
areas shall be designed, surfaced and graded to dispose
of all surface water run-off within the curtilage of the site
and to avoid the discharge of excess water onto Palmetto
Road or any neighbouring property;

(d) all excess material from site preparation works shall be
contained on site during the course of construction and,
thereafter, removed from the site to avoid overspill into
the protected woodland areas surrounding the area to be
developed; and

(e) the landscaping of the site in accordance with drawing
L103 shall be completed within six months of the
issuance of a Certificate of Completion and Occupancy.

Saving
4 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.

RESIDENTIAL TREATMENT FACILITY (AEOLIA DRIVE)
(DEVONSHIRE PARISH) SPECIAL DEVELOPMENT ORDER
2003

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FIRST SCHEDULE (paragraph 2(1))

Development

1 The demolition of Observatory Cottage and the construction of a
new one and two-storey building totalling 40,000 square feet of
floorspace designed to accommodate a purpose-built residential care
facility that includes:

(a) four wings providing bedrooms, common lounge space
and ancillary facilities for boys and girls;

(b) a fifth wing that will accommodate a workshop,
gymnasium and changing facilities;

(c) a central area devoted to classrooms and facilities for
staff, counsellors and social workers; and

(d) an upper floor that will accommodate a kitchen, dining
room, library, conference and training centre, and
administration offices.

2 The development of a secure 6,750 square foot outdoor
recreation area on the west side of the new building.

3 Improvements to Aeolia Drive and the development of internal
roadways and parking areas to accommodate a total of 41 cars and 39
cycles.

4 The implementation of a comprehensive woodland management
and landscaping plan to protect and enhance native and endemic
species.

SECOND SCHEDULE (paragraph 2(1))

Site

ALL THAT LAND in the Parish of Devonshire having an area of 8.26 acres
(3.34 hectares) shown outlined in red on drawing number A101
accompanying the planning application.

RESIDENTIAL TREATMENT FACILITY (AEOLIA DRIVE)
(DEVONSHIRE PARISH) SPECIAL DEVELOPMENT ORDER
2003

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Made this 24th day of January, 2003

Minister of the Environment