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Development and Planning Amendment Act 2014

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Development and Planning Amendment Act 2014
FA E R
N

AT F
TQUO U

BERMUDA

DEVELOPMENT AND PLANNING AMENDMENT ACT 2014

2014 : 24

TABLE OF CONTENTS

Citation
Amends section 5
Inserts section 5A
Amends section 17
Amends section 18
Amends section 58
Inserts section 58A
Amends section 76
Amends section 78
Miscellaneous amendments

WHEREAS it is expedient to amend the Development and Planning Act 1974 to
enable the Development Applications Board to delegate to the Director of Planning in certain
instances its authority to grant planning permission, and to make minor miscellaneous
amendments;

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:

Citation
This Act, which amends the Development and Planning Act 1974 (“the principal

Act”), may be cited as the Development and Planning Amendment Act 2014.

Amends section 5
Section 5 of the principal Act is amended—

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DEVELOPMENT AND PLANNING AMENDMENT ACT 2014

in subsection (1) by, after “The Board may”, inserting “, with the approval
of the Minister,”;

in subsection (2) by, after “may give”, inserting “written”;

in subsection (4) by deleting “Minister” in both places it appears and, in
each case, substituting “Board”; and

by, after subsection (4), inserting—

An instrument under this section is not subject to section 6 of the
Statutory Instruments Act 1977 (parliamentary scrutiny of statutory
instruments).”.

“(5)

Inserts section 5A
The principal Act is amended by inserting after section 5 the following—

“Delegation to Director
The Board may, with the approval of the Minister, by instrument in

writing published in the Gazette and subject to such conditions, directions,
reservations and restrictions as they think fit, delegate to the Director their power
to grant or refuse planning permission.

The Board may give written directions to the Director, in respect of the
functions that have been delegated to him under subsection (1), requiring that any
application made to the Director for planning permission, or all such applications
of any class specified in the directions, shall be referred to the Board instead of
being dealt with by the Director, and any such application shall be so referred
accordingly.

Where an application for planning permission is referred to the Board
under subsection (2) the Board shall have the same powers in respect of such
application as they would have had in the absence of an instrument of delegation
under subsection (1).

Where the Director grants, modifies or revokes any planning
permission he shall notify the Board within fourteen days thereof and such
notification shall contain such particulars of the decision to which it relates as the
Board may require.

An instrument under this section is not subject to section 6 of the
Statutory Instruments Act 1977 (parliamentary scrutiny of statutory
instruments).”.

5A (1)

(2)

(3)

(4)

(5)

Amends section 17
Section 17 of the principal Act is amended—

in subsection (1)(a), by deleting “the regulations” and substituting
“regulations, rules”; and

(a)

(b)

(c)

(d)

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(a)

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DEVELOPMENT AND PLANNING AMENDMENT ACT 2014

in subsection (2), by deleting “the regulations” and substituting
“regulations or rules”.

Amends section 18
Section 18(3) of the principal Act is amended—

in paragraph (b) by—

deleting “, during the” and substituting “, the”; and

deleting the full stop at the end of the paragraph and substituting “;
and”; and

by, after paragraph (b), inserting—

in the case of planning permission granted by the Director, the
period during which appeal may be made to the Board under
section 58A(1) and, thereafter, in the event of the making of an
appeal, until the final determination or abandonment of the
appeal.”.

“(c)

Amends section 58
Section 58 of the principal Act is amended in the heading thereof by, after “Board”,

inserting “from decision of a Municipality”.

Inserts section 58A
The principal Act is amended by, after section 58, inserting the following—

“Appeal to the Board from decision of the Director
Where functions have been delegated to the Director under section 5A

and application for planning permission is made to him but is refused by him, or
is granted by him subject to conditions, then any person aggrieved by his decision
may by notice served within the time, not being less than twenty-eight days from
receipt of notification of his decision, as may be specified in the notification, appeal
to the Board.

Notwithstanding subsection (1), the Board shall not be required to
entertain an appeal under that subsection in respect of the determination of an
application for planning permission if it appears to them that planning permission
for that development could not have been granted by the Director, or could not have
been so granted otherwise than subject to the conditions imposed by him.

Where an appeal is brought under this section from a decision of the
Director, the Board may allow or dismiss the appeal or may reverse or vary any part
of the decision of the Director, whether or not the appeal relates to that part, and
deal with the application as if it had been made to them in the first instance.

58A (1)

(2)

(3)

(b)

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(a)

(i)

(ii)

(b)

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DEVELOPMENT AND PLANNING AMENDMENT ACT 2014

Unless within a period of twenty-eight days, or within such extended
period as may at any time be agreed upon in writing between the applicant and the
Director, the Director either—

gives notice to the applicant of his decision on any application for
planning permission; or

gives notice to the applicant that the application has been referred
to the Board in accordance with directions given by them under
section 5A,

subsection (1) shall apply in relation to the application as if the planning permission
or approval to which it relates had been refused by the Director and as if notification
of his decision had been received by the applicant at the expiration of the period of
twenty-eight days or the extended period agreed upon as aforesaid, as the case may
be.”.

(4)

(a)

(b)

Amends section 76
Section 76(4) of the principal Act is amended by, after “The Board”, deleting “or a

Municipality acting under this Act”.

Amends section 78
Section 78(1)(e) of the principal Act is amended by, after “the Board”, deleting “or

Municipality”.

Miscellaneous amendments
The Morgan’s Point Resort Act 2011 and the Building Code Regulations 1991 are

amended by deleting the words “certificate of use and occupancy” wherever they appear
and, in each case, substituting the words “certificate of completion and occupancy”.

[Assent Date: 29 July 2014]

[Operative Date: 29 July 2014]

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