Bermuda Homes for People Southside Housing and Village (St. George's Parish) Special Development Order 2004
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BR 70 / 2004

DEVELOPMENT AND PLANNING ACT 1974

1974 : 51

THE BERMUDA HOMES FOR PEOPLE SOUTHSIDE HOUSING
AND VILLAGE (ST. GEORGE'S PARISH) SPECIAL

DEVELOPMENT ORDER 2004

In exercise of the powers conferred upon the Minister of the
Environment by section 15(2)(a) of the Development and Planning Act
1974, the following order is hereby made:

Citation
1 This Order may be cited as the Bermuda Homes for People
Southside Housing and Village (St. George's Parish) Special Development
Order 2004.

Interpretation
2 In this Order

"Act" means the Development and Planning Act 1974;

"applicant" means Bermuda Homes for People;

"Building Official" has the meaning given in the Building Act
1988;

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

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"planning application" means the application for planning
permission for the Development made by the applicant
numbered P0692/04 and dated 12th July 2004, and the
accompanying drawings numbered A-1, A1.01 to A1.04,
A3.01A to A3.01E, A3.02A and B, A3.03A and B, A3.05 to
A3.10, A4.01A and B, prepared by Cooper and Gardner and
submitted on behalf of the applicant;

"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 S0106/04 and dated 1st October 2004,
and the accompanying drawing numbered A1.02 prepared by
Cooper and Gardner and submitted on behalf of the
applicant.

(2) Subject to subparagraph (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 subparagraph (2),
planning permission is granted by this Order for the development of the
site.

(2) The conditions referred to in subparagraph (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 points of access from the site to St. David's Road
shall be designed and bell-mouthed to the satisfaction of
the Ministry of Works and Engineering and Housing in
accordance with the standards specified in paragraph
8.7(1) of the Bermuda Plan 1992 Planning Statement;

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(d) all hard-surfaced roadways and the junctions of the
access roads with St. David's Road shall be designed
and graded to drain, retain and dispose of all stormwater
run-off within the curtilage of the site, and to avoid any
stormwater run-off onto St. David's Road, any
neighbouring property or into the waters of St. George's
Harbour;

(e) the application for a building permit shall include full
design details of the internal road system and all matters
relating to road drainage, gradients, sidewalk widths,
road markings; the design of the bus layby and parking
lane shall be to the satisfaction of the Chief Highways
Engineer in accordance with the relevant provisions of
section 8 of the Bermuda Plan 1992 Planning Statement;

(f) applications for any proposed wells or drainage systems
shall be submitted to and approved by the
Environmental Authority prior to the commencement of
construction;

(g) the applicant shall take such measures as are necessary
to ensure that no excess or waste water is drained or
dumped into St. George's Harbour during the course of
construction nor on completion of the Development;

(h) the entire site shall be graded, soiled, grassed, planted
and landscaped to the satisfaction of the Director of
Planning prior to the issuance of a completion and
occupancy certificate in accordance with Building Code
1998;

(i) all internal roadways shall be a minimum of 16 feet in
width;

(j) a continuous right of way for pedestrians shall be
provided and maintained along the foreshore of the site
from the car park and slipway west to the western
boundary;

(k) the plans submitted as part of the application for a
building permit shall show a public car parking area in
the immediate vicinity of the "existing slipway" as shown
on drawing no. A1.02, to provide parking for at least 10
cars;

(l) a drawing showing the design of gate posts, ancillary
walls and fencing shall be submitted for the record of the
planning application prior to the approval of the

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application for a building permit, and, with the exception
of sections permissible at 6 feet in height to provide
privacy adjacent to each house, walls, fencing and gates
shall not normally exceed 4 feet in height unless
required for site engineering purposes; and

(m)prior to the approval of the application for a building
permit, the proposals for the collection, treatment and
disposals of sewage, and the collection of rainwater and
the distribution of potable water, shall be approved by
the Government Hydrogeologist and the Chief
Environmental Health Officer, and, if necessary, an
application for a construction permit for the proposed
plant for the collection, treatment and disposal of sewage
shall be approved by the Environmental Authority in
accordance with the relevant provisions of the Clean Air
Act 1991;

(n) following the issuance of a completion and occupancy
certificate, no further development shall be permitted on
any of the individual lots except as may be allowed by
the rules of the residents' association, and in this
context, "development" includes, but is not limited to,:
walls, fences, satellites receivers, sheds, garages, stables,
greenhouses, above ground swimming pools, additions
to a residential building, the internal conversion of an
existing building to create an additional dwelling unit,
the use of a home for commercial purposes, a business
or any other form of non-residential use and any other
structure that may be listed in the rules of the residents'
association.

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

(2) The conditions referred to in subparagraph (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 prior to the issuance of a completion and
occupancy certificate; and

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(b) all utility services, including television relay cables, shall
be placed underground prior to the completion of the
development of any of the hereby approved lots.

Saving
5 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 paragraphs 3 and 4.

FIRST SCHEDULE (paragraph 2(1))

The Development

1. The development of the Southside village, residential units, retail
units, a day care centre, community building and ancillary services,
facilities and open spaces on land at Higgs Bay, St. George's Harbour on
either side of St. David's Road.

2. The construction of 196 homes, each on its own lot, including 83
affordable housing units, and associated garden walls and fences, in the
following configuration

(a) 114 two-storey, two-bedroom attached houses of 960
square feet of floorspace;

(b) 44 two-storey, three-bedroom townhouses of 1,640
square feet of floorspace;

(c) 22 two-storey, four-bedroom attached houses of 1,960
square feet of floorspace;

(d) 12 one-bedroom apartments and 4 two-bedroom
apartments above the ground floor retail units around
the public square.

3. The construction of five retail units and a day care centre
totalling approximately 8,800 square feet of floorspace on the ground
floor level of three, three-storey buildings on either side of the public
square.

4. The construction of a two-storey community centre with hall,
bathrooms and ancillary facilities of approximately 2,100 square feet of
floorspace at the northern end of the public square.

5. The realignment of, and improvements to, St. David's Road and
the development of an internal system of access roads, sidewalks and
parking areas.

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6. The development of a linked system of landscaped common open
spaces, public areas and play areas, and a continuous pedestrian right
of way along the foreshore.

SECOND SCHEDULE (paragraph 2(1))

The Subdivision

1. The creation of 44 terraced house lots of approximately 0.04
acres.

2. The creation of 136 attached house lots of approximately 0.09
acres.

3. The provision of an internal system of roadways, sidewalks and
parking areas; public spaces, common open spaces and play areas; and
a pedestrian right of way along the foreshore.

THIRD SCHEDULE

The Site

ALL THAT LAND in the Parish of St. George's having an area of 16.58
acres (6.71 hectares) shown outlined in red on drawing number A1.01
accompanying the planning application.

Made this 15th day of October , 2004

Minister of the Environment