Draft Southlands Resort Development (Warwick Parish) Special Development Order 2007
DRAFT SOUTHLANDS RESORT DEVELOPMENT (WARWICK
PARISH) SPECIAL DEVELOPMENT ORDER 2007


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BR 14 / 2007


MINISTRY OF THE ENVIRONMENT, TELECOMMUNICATIONS
AND E-COMMERCE


DEVELOPMENT AND PLANNING ACT 1974

SECTION 15


NOTICE BY THE MINISTER OF THE ENVIRONMENT,
TELECOMMUNICATIONS AND E-COMMERCE



DRAFT SOUTHLANDS RESORT DEVELOPMENT (WARWICK
PARISH) SPECIAL DEVELOPMENT ORDER 2007


WHEREAS the Minister of the Environment, Telecommunications and E-
Commerce has caused a draft special development order entitled “The
Southlands Resort Development (Warwick Parish) Special Development
Order 2007” to be prepared;

AND WHEREAS the Minister has deemed it expedient to exercise in
relation to the aforesaid to invite objections or representations to the
draft Southlands Resort Development (Warwick Parish) Special
Development Order 2007;

NOW, THEREFORE, the Minister gives notice as follows:-

Short title
1 This Notice may be cited as the Draft Southlands Resort
Development (Warwick Parish) Special Development Order Notice 2007.

DRAFT SOUTHLANDS RESORT DEVELOPMENT (WARWICK
PARISH) SPECIAL DEVELOPMENT ORDER 2007


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Inspection of Design Statement
2 The Minister gives notice that a copy of the Design Statement
and associated drawings of the Development may be inspected free of
charge by all persons interested, at the offices of the Director of
Planning, Government Administration Building, Parliament Street
Hamilton during office hours.

Objections and Representations
3 Any objection or representation with reference to the draft
Southlands Resort Development (Warwick Parish) Special Development
Order 2007 may be sent in writing to the Permanent Secretary, Ministry
of Environment, Telecommunications and E-Commerce, 3rd Floor,
Government Administration Building, 30 Parliament Street, Hamilton,
HM12, or by email to psimmons@gov.bm, stating the grounds on
which such objection or representation is made, and which should reach
the Ministry on or before Friday, March 23rd, 2007.





Made this 8th day of March, 2007





Minister of the Environment, Telecommunications and
E-Commerce

DRAFT SOUTHLANDS RESORT DEVELOPMENT (WARWICK
PARISH) SPECIAL DEVELOPMENT ORDER 2007


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THE SOUTHLANDS RESORT DEVELOPMENT (WARWICK
PARISH) SPECIAL DEVELOPMENT ORDER 2007


GENERAL NOTE



The draft Southlands Resort Development (Warwick
Parish) Special Development Order, which is made under section
15(2)(a) of the Development and Planning Act 1974, if finalized,
would grant planning permission, subject to conditions, for the
carrying out of the development of a resort and residential
complex comprising of 269 guest suites and 42 residential units.
The development includes a main resort comprising of 202 suites
and an additional resort complex comprising of 67 suites, which
both have adequate parking, restaurants, bars and a spa.

The site is an area of 36.87 acres situated on South Shore
Road in Warwick.

This Order would grant planning permission for such
development, subject to the conditions identified in the draft special
development order.

DRAFT SOUTHLANDS RESORT DEVELOPMENT (WARWICK
PARISH) SPECIAL DEVELOPMENT ORDER 2007


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D R A F T

BR / 2007

DEVELOPMENT AND PLANNING ACT 1974

1974 : 51

THE SOUTHLANDS RESORT DEVELOPMENT (WARWICK
PARISH) SPECIAL DEVELOPMENT ORDER 2007


In exercise of the powers conferred upon the Minister of the
Environment, Telecommunications and E-Commerce 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 Southlands Resort Development
(Warwick Parish) Special Development Order 2007.

Interpretation
2 (1) In this Order ⎯

"Act" means the Development and Planning Act 1974;

"applicant" means Southlands Limited, a company registered
under the Companies Act 1981 on 12 August 2006;

"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;

"planning application" means the application for planning
permission for the Development made by the applicant
numbered P1029/06 and dated 28th November 2006, and
the accompanying Design Statement prepared by Bothelho
Wood Architects dated 5 October 2006 as revised by letter
dated 11 December 2006;

"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.

DRAFT SOUTHLANDS RESORT DEVELOPMENT (WARWICK
PARISH) SPECIAL DEVELOPMENT ORDER 2007


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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 Building Act 1988 and 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) prior to the approval of a building permit the applicant
shall obtain planning permission for staff housing;

(d) the design and construction for the diversion of South
Road shall be carried out to the satisfaction of the
Minister of Works and Engineering;

(e) the points of access from the site to South Road shall be
designed and bellmouthed to the satisfaction of the
Minister of Works and Engineering in accordance with
the standards specified in paragraph 8.7(1) of the
Bermuda Plan 1992 Planning Statement;

(f) 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 stormwater
run-off within the curtilage of the site, and to avoid any
stormwater run-off onto South Road, and any
neighbouring property;

(g) the application for a building permit shall include full
design details of the internal road system and all matters
relating to road drainage, gradients, 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;

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

DRAFT SOUTHLANDS RESORT DEVELOPMENT (WARWICK
PARISH) SPECIAL DEVELOPMENT ORDER 2007


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(i) 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;

(j) any plant to be installed for the emergency generation of
electricity shall be approved by the Environmental
Authority in accordance with the relevant provisions of
the Clean Air Act 1991;

(k) all utility cables shall be placed underground within the
curtilage of the site;

(l) prior to commencement of construction of the
development, a full Environmental Impact Assessment
shall be carried out by the applicant to the satisfaction
of the Minister of the Environment, Telecommunications
and E-Commerce to determine the impact of the
Development on the natural environment, and to ensure
that sufficient and appropriate mitigation measures are
designed and implemented to protect the coastal zone
and inland environments;

(m) a detailed landscape and woodland management plan
and schedule shall be discussed with, agreed by and
carried out to the satisfaction of the Minister of the
Environment, Telecommunications and E-Commerce;

(n) prior to commencement of construction of the
development, the existing section 34 agreement that
covers part of the site shall be rescinded and the
Minister of the Environment, Telecommunications and
E-Commerce shall enter into a new section 34
agreement with Southlands Limited in order to redefine
the areas that shall have protective zoning within the
site;

(o) all agricultural land within the site shall continue to be
zoned as agricultural land;

(p)prior to the commencement of construction, a detailed
coastal erosion protection plan shall be submitted to the
Minister of the Environment, Telecommunications and
E-Commerce for approval, and coastal protection works

DRAFT SOUTHLANDS RESORT DEVELOPMENT (WARWICK
PARISH) SPECIAL DEVELOPMENT ORDER 2007


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shall be the minimum required to address erosion prone
areas and shall be designed to appear as natural as
possible to blend in with the natural coastline; and

(q) as part of the foreshore protection scheme, the
Terrestrial Conservation Officer of the Department of
Conservation Services shall be consulted to determine
the number and location of artificial longtail nests that
shall be installed along the cliff line.

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(1).

FIRST SCHEDULE (paragraph 2(1))

The Development

1. The development of a comprehensive resort and residential
complex at the Southlands property in Warwick with 269 guest suites
(371 bedrooms), 42 residential units (126 bedrooms) and related facilities
and amenities.

2. The construction of a main resort complex located north of
South Road and comprising of 202 suites (259 bedrooms), parking for
135 cars and 100 motorbikes, restaurants, bars, spa, indoor public
spaces and ancillary buildings for a total of approximately 430,000
square feet of floor area on 9 levels.

3. The construction of 42 residential units north of South Road and
comprising a total of 120,000 square feet of floor area.

4. The construction of an additional resort complex located south of
South Road and comprising 67 suites (112 bedrooms), parking for 100
cars and 150 motorbikes, restaurants, indoor public spaces and
ancillary buidings for a total of approximately 350,000 square feet of
floor area on 8 levels.

5. The diversion of South Road together with new traffic lanes,
sidewalks, overhead canopies, new bus stops and relocated underground
services.

6. The development of an internal system of roadways, footpaths
and terraces on landscaped grounds.

DRAFT SOUTHLANDS RESORT DEVELOPMENT (WARWICK
PARISH) SPECIAL DEVELOPMENT ORDER 2007


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SECOND SCHEDULE (paragraph 2(1))

The Site

ALL THAT LAND in the Parish of Warwick having an area of 36.87 acres
(14.92 hectares) as described in Appendix A-2 of the Design Statement
prepared by Bothelho Wood Architects dated 5 October 2006, and as
outlined in red on location plan drawing number A1-1 by Bothelho Wood
Architects.





Made this 7th day of March, 2007





Minister of the Environment,
Telecommunications and E-Commerce