King Edward VII Memorial Hospital (Special Planning Provision) Act 2009
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BERMUDA
2009 : 46
KING EDWARD VII MEMORIAL HOSPITAL (SPECIAL
PLANNING PROVISION) ACT 2009
Assent Date: 6 December 2009
Operative Date: 6 December 2009
WHEREAS it is expedient to make special provision for the
redevelopment of the King Edward VII Memorial Hospital;
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Short title and construction
1 (1) This Act may be cited as the King Edward VII Memorial
Hospital (Special Planning Provision) Act 2009.
(2) This Act shall be construed as one with the Act.
Interpretation
2 In this Act—
“the Act” means the Development and Planning Act 1974;
“the details of planning” means the following—
(a) the layout, situation and setback of development;
(b) the site coverage;
(c) the height of buildings up to a maximum of 215 feet
above mean sea level (Bermuda Ordnance Datum);
(d) the design and external appearance of buildings;
(e) the provision made for traffic circulation, access, parking
(both surface and underground parking) and servicing;
(f) the arrangements made for pedestrian access and
circulation;
KING EDWARD VII MEMORIAL HOSPITAL (SPECIAL
PLANNING PROVISION) ACT 2009
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(g) the extent and nature of landscaping;
“the Development” means the redevelopment of the King Edward
VII Memorial Hospital including ancillary facilities that
provide medical and surgical treatment and health services to
the public, including but not limited to any or all of the
following—
(a) inpatient beds, an emergency department, day surgery
and diagnostic imaging;
(b) oncology, dialysis, diagnostic testing, chronic disease
management, consulting rooms and data centre;
(c) mechanical and electrical utility services and plant with
boilers, steam generation, chillers, and power
distribution;
(d) all clinical and non-clinical services and facilities that
support the hospital’s operations and functionality
including but not limited to laundry, administrative
offices, staff residences, vehicle parking, waste
management, sewage treatment, bio-oxidisation,
incineration and third party electrical sub-station and
transformers;
“the Property” means all that land in Paget Parish having an
area of approximately 6.713 hectares (16.5879 acres) shown
outlined in red in Schedule 1 (Drawing No. 5510/046/339a).
Special planning permission for development of the Property
3 (1) Notwithstanding any provision to the contrary made in or
under the Act, it shall be lawful for the Property to be developed and
used as a hospital, but subject to subsection (2).
(2) Subject to the conditions set out in Schedule 2, planning
permission in principle for the Development on the Property is hereby
granted with the reservation for subsequent approval of the details of
planning by the Development Applications Board, but any decision by
the Board on those details shall be subject to section 57 and (so far as
relevant) section 61 of the Act, which regulate appeals.
KING EDWARD VII MEMORIAL HOSPITAL (SPECIAL
PLANNING PROVISION) ACT 2009
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SCHEDULE 1 (section 2)
The original of this Drawing is available for inspection during office hours
at the offices of the Ministry of Works and Engineering.
KING EDWARD VII MEMORIAL HOSPITAL (SPECIAL
PLANNING PROVISION) ACT 2009
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SCHEDULE 2 (section 3(2))
THE CONDITIONS, SUBJECT TO WHICH PLANNING PERMISSION IN
PRINCIPLE FOR THE DEVELOPMENT ON THE PROPERTY IS GRANTED,
ARE:
1 The application for planning permission shall be accompanied by
the following—
(a) a topographical survey of the Property;
(b) a comprehensive landscape plan of the Property;
(c) a three-dimensional model of the Property showing the
Development, the existing buildings to be retained on the
Property and existing buildings on land neighbouring
the Property;
(d) a series of coloured illustrations showing the
Development in the context of its surroundings as
viewed from the public roads and other vantage points;
and
(e) a written and illustrated statement that includes the
following—
(i) the results and an assessment of an up-to-date
and comprehensive traffic and transport study
that presents baseline data and projections for
both the construction period and the operating
period on completion of the Development;
(ii) a detailed description of the Development from
inception through the demolition, site
preparation and construction phases to
completion;
(iii) information on the volumes and types of waste
to be removed from the Property during
demolition, site excavation and preparation, and
the methods and locations to be used for the
separation and disposal of waste in accordance
with the requirements of the Ministry of Works
and Engineering;
(iv) a description of the measures to mitigate the
effects of noise, dust and traffic during the site
preparation and construction phases; and
KING EDWARD VII MEMORIAL HOSPITAL (SPECIAL
PLANNING PROVISION) ACT 2009
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(v) the arrangements to be made to secure an
adequate supply of water to the Development
and for the safe disposal of sewage, wastewater
and other waste products.
2 The public roads that border the Property, access roads,
driveways, parking and servicing areas, sidewalks and footpaths shall be
designed to provide for the safe and efficient management and
circulation of through-traffic, and traffic and pedestrians that wish to
access the Property.
3 Any works to be carried out in conjunction with, or in proximity
to, a public road shall be located and designed in accordance with the
requirements of the Ministry of Works and Engineering.
4 All hard-surfaced roadways and parking areas shall be designed
and graded to drain, retain and dispose of storm water run-off within the
curtilage of the Property to avoid run-off onto a public road or any
neighbouring property.
5 The mode, design and specifications of the proposed methods of
sewage disposal and the supply of potable water shall comply with the
requirements of the Ministry of Health and the Department of
Environmental Protection.
6 The design, specifications, performance and emissions of any
controlled plant as defined in the First Schedule of the Clean Air Act
1991, including hospital sterilization and medical waste incineration
systems, shall comply with the relevant requirements of the Department
of Environmental Protection and the Environmental Authority.
7 All utility cables, conduits and pipelines, including cable
television relay cables, shall be located in buildings or placed
underground.
