Loughlands Residential Development and Paget Day Care Facility (Paget Parish) Special Development Order 2006
LOUGHLANDS RESIDENTIAL DEVELOPMENT AND PAGET
DAY CARE FACILITY (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2006


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BR 65 / 2006

DEVELOPMENT AND PLANNING ACT 1974

1974 : 51

LOUGHLANDS RESIDENTIAL DEVELOPMENT AND PAGET
DAY CARE FACILITY (PAGET PARISH) SPECIAL

DEVELOPMENT ORDER 2006


In exercise of the powers conferred upon the Minister of the
Environment by section 15(1) of the Development and Planning Act
1974, the following Order is hereby made:

Short title
1 This Order may be cited as the Loughlands Residential
Development and Paget Day Care Facility (Paget Parish) Special
Development Order 2006.

Interpretation
2 (1) In this Order—

"Act" means the Development and Planning Act 1974;

“applicant” means the Ministry of Works and Engineering and
Housing;

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

“Development” means the Development as described in the First
Schedule;

“site” means the land described in the Third Schedule;

LOUGHLANDS RESIDENTIAL DEVELOPMENT AND PAGET
DAY CARE FACILITY (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2006


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“subdivision” means the subdivision of land referred to in the
draft plan of subdivision and more particulary described in
the Second Schedule;

(2) Subject to paragraph (1), any expression used in this Order
that is also 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 South Road shall be
designated 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;

(d) all hard-surfaced roadways and the junctions of the
access roads with South 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 South Road, and any
neighbouring property;

(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 and shall be to the satisfaction of the
Principal 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;

LOUGHLANDS RESIDENTIAL DEVELOPMENT AND PAGET
DAY CARE FACILITY (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2006


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(g) each phase of the development shall be graded, soiled,
grassed, planted and landscaped to the satisfaction of
the Director of Planning within 45 days of the issuance
of a certificate of completion and occupancy in
accordance with the Bermuda Building Code 1998;

(h) except for the commercial lot created under the Second
Schedule, that portion of the site designated as a
tourism development zone is hereby rezoned to a
Residential 1 Development Zone (RSD1) that conforms to
section RSD.10 of the Bermuda Plan 1992 Planning
Statement;

(i) the lot created under clause 3 of the Second Schedule
(Lot 5) is rezoned from a tourist development zone to a
Residential 1 Development Zone (RSD1) that conforms to
section RSD.10 of the Bermuda Plan 1992 Planning
Statement to permit the use of the Loughlands Hotel
building as a day care facility. Social provisions shall
apply to this zone;

(j) agricultural and woodland reserve zonings on the site
are to be preserved in their entirety;

(k) the existing old Loughlands Hotel is a Grade 1 listed
building due to its architectural and historical
significance, and this listing shall be preserved under
this special development order;

(l) the proposals for the collection, treatment and disposal
of sewage, and the collection of rainwater and
distribution of potable water, shall be approved by the
Government Hydrogeologist and the Chief
Environmental Health Officer, and if necessary, any
application for a construction permit for the proposed
plant for 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;

(m) 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, satellite 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,

LOUGHLANDS RESIDENTIAL DEVELOPMENT AND PAGET
DAY CARE FACILITY (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2006


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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; and

(n) this special development order is for the benefit of the
Bermuda Government and in accordance with any
agreements and amendments thereto, as agreed between
the parties.

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

(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.

LOUGHLANDS RESIDENTIAL DEVELOPMENT AND PAGET
DAY CARE FACILITY (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2006


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FIRST SCHEDULE (Paragraph 2(1))

The Development
1 The development of residential units and a day care facility at

the Loughlands property at 79 South Road, Paget.

2 Construction of 68 two-bedroom dwelling units, each having
floor coverage of 1,236 square feet.

3 Construction of 28 three-bedroom dwelling units, each having
floor coverage of 1,290 square feet.

4 Conversion of the existing Loughlands Hotel building to a day
care facility.

5 The Development will be constructed and handed over to the
Government in three phases.

SECOND SCHEDULE (Paragraph 2(1))

The Subdivision
1 The creation of 4 additional lots of land by way of subdivision of

the site in accordance with the draft plan of subdivision giving
rise to a total of 5 lots in all.

2 The creation of 4 residential lots (Lot 1 = approximately 1.22
acres; Lot 2 = approximately 0.84 acres; Lot 3 = approximately
1.85 acres and Lot 4 = approximately 3.00 acres, as shown on
the attached draft plan of subdivision (Drawing A100A by
Entasis Architecture).

3 The creation of a single lot (Lot 5) of approximately 0.56 acres for
the conversion of the Loughlands Hotel building to a day care
facility, as shown on the attached draft plan of subdivision
(Drawing A100A by Entasis Architecture).



THIRD SCHEDULE (Paragraph 2(1))

The Site
ALL THAT lot of land in the Parish of Paget having an area of 7.47 acres
shown outlined in Red on drawing number A100A by Entasis
Architecture accompanying the planning application.



LOUGHLANDS RESIDENTIAL DEVELOPMENT AND PAGET
DAY CARE FACILITY (PAGET PARISH) SPECIAL
DEVELOPMENT ORDER 2006


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Made this 21st day of July, 2006





Minister of the Environment