Newstead Hotel (Paget Parish) Special Development Order 2004
THE NEWSTEAD HOTEL (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2004

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BR 38/2004

DEVELOPMENT AND PLANNING ACT 1974

1974 : 51

THE NEWSTEAD HOTEL (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2004

The Minister of the Environment in exercise of the powers
conferred upon her by section 15(2)(a) of the Development and Planning
Act 1974, makes the following Order:

Citation
1 This Order may be cited as the Newstead Hotel (Paget Parish)
Special Development Order 2004.

Interpretation
2 (1) In this Order —

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

"the applicant" means Belmont Hills Property Limited, a
company registered under the Companies Act 1981 on 29th
July 2002;

“Building Official” has the meaning given in the Building Act
1988;

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

THE NEWSTEAD HOTEL (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2004

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"the planning application" means the application for planning
permission for the Development made by the applicant
numbered P0920/03 and dated 1st December 2003, as
revised on 29th April 2004, and the accompanying drawings
numbered A.1 to A.17 and B.1, B.5, B.6, B.9, B.10 and B.11
prepared by Entasis Architecture and submitted on behalf of
the applicant;

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

(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 Harbour Road shall
be designed and bell-mouthed to the satisfaction of the
Ministry of Works and Engineering in accordance with
the standards specified in paragraph 8.7(1) of the
Bermuda Plan 1992 Planning Statement;

(d) all hard-surfaced roadways and parking areas, and the
junction of the access road with Harbour Road, shall be
designed and graded to drain, retain and dispose of all
storm water run-off within the curtilage of the site, and
to avoid any storm water run-off onto Harbour Road or
any neighbouring property;

(e) an application for a construction permit for the proposed
plant for the collection, treatment and disposal of sewage
shall be submitted to and shall be approved by the
Environmental Authority in accordance with the relevant

THE NEWSTEAD HOTEL (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2004

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provisions of the Clean Air Act 1991 prior to the
commencement of construction;

(f) applications for any proposed wells or drainage systems
shall be submitted to and shall be 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 directly into Hamilton Harbour during the
course of construction nor on completion of the
Development;

(h) the applicant shall enter into a 21-year foreshore lease
with the Ministry of Works and Engineering and Housing
in accordance with the relevant provisions of the
Department of Works and Engineering Act 1984 with
respect to the hereby approved dock prior to the
commencement of construction of the dock; and

(i) the entire site shall be landscaped in accordance with
the approved landscape plan shown on drawing B.5
within six months of the issuance of a completion and
occupancy certificate in accordance with the Bermuda
Building Code 1998.

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 redevelopment of the Newstead Hotel site through part
demolition and part conversion to create 41 suites, 5 cottages, two tennis
courts with parking beneath, pool, spa, restaurant and ancillary
facilities.

2. The conversion and refurbishment of building No. 1 (as shown
and numbered on drawing B-6) to accommodate 6 guestrooms with 8
bedrooms totalling approximately 6,700 square feet of gross floorspace.

THE NEWSTEAD HOTEL (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2004

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3. Renovations to buildings Nos. 2, 3 and 4 to accommodate 11
guestrooms with 17 bedrooms totalling approximately 9,100 square feet
of gross floorspace.

4. The construction of building No. 5 to accommodate a spa, gym,
beauty salon and ancillary rooms, and operational and service facilities
at the lower level including storage, laundry, mechanical and electrical
rooms, and changing rooms totalling approximately 14,600 square feet of
gross floorspace.

5. The construction of building No. 6 comprising four floors and a
basement to accommodate a restaurant, bar, lounge and kitchen,
administrative offices, storage and associated services, and 8 suites with
20 bedrooms totalling approximately 27,800 square feet of gross
floorspace.

6. The construction of building No. 7 comprising four floors to
accommodate 23 suites with 58 bedrooms totalling approximately
30,000 square feet of gross floorspace, below ground mechanical and
electrical rooms, and a basement tank.

7. The construction of buildings Nos. 8, 9, 10, 11 and 12, each as a
two-storey, two-bedroom cottage of approximately 1,600 square feet.

8. The construction of building No. 13 as a single-storey reception
area of approximately 2,500 square feet of gross floorspace.

9. The change from residential use to a class II office use at no. 37
Harbour Road.

10. The construction of two tennis courts with car and cycle parking
beneath.

11. The construction of a below ground sewage treatment plant.

12. The construction of a dock of approximately 360 square feet.

13. The construction of a swimming pool, equipment rooms and
associated terraces.

14. The development of an internal system of roadways, footpaths,
terraces and parking areas in landscaped grounds.

THE NEWSTEAD HOTEL (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2004

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SECOND SCHEDULE (paragraph 2(1))

The Site

ALL THAT LAND in the Parish of Paget having an area of 3.95 acres (1.60
hectares) shown outlined in black on drawing number B.6 accompanying
the planning application.

Made this 31st day of May, 2004

Minister of the Environment