Second Reading of the Tucker’s Point SDO

The Second Reading of the Special Development Order entitled the “Tucker’s Point Resort Residential Development” (Hamilton and St. George’s Parishes) Special Development Order 2011, as read by Junior Minister for Environment, Planning and Infrastructure Strategy Senator David Burt in the Senate this evening [Mar.25] is below:

Madam President, I am pleased to continue the Second Reading of the Special Development Order entitled the “Tucker’s Point Resort Residential Development” (Hamilton and St. George’s Parishes) Special Development Order 2011.

Madam President, you will recall that we began this debate on Friday last, and the Government determined that it would Rise and Report progress.

Madam, President, this Government has listened to the concerns expressed by Senators and have used the time since Friday to consult and to now move amendments to the Order previously tabled. From the outset, this Government has endeavoured to demonstrate by its very actions that it wishes to conduct itself with a degree of openness that is perhaps unprecedented in Bermuda. You will recall that we recently approved an amendment to the Development and Planning Act 1974 that dictates that all Special Development Orders will from this point forward be subject to Parliamentary and thereby public scrutiny. I am pleased to report that His Excellency the Governor has given his assent to this amendment and it now forms a part of the law of this land.

Even before this amendment became law, this Government chose to demonstrate its commitment to transparency, public consultation and public participation by subjecting this Special Development Order to parliamentary scrutiny, although it was not required to do so.

Having heard the concerns expressed by Senators during the debate on Friday last, we have set out to continue consultations, to listen to the voices of the people and to address the concerns raised. Senators urged us to pause, to consider the matter further, and to return with a proposal that could be supported. We agreed with that approach, and believe that the results of our consultations will achieve the compromise desired by all.

We are confident that all involved understand the importance of enhancing our Tourism product and re-building that most critical pillar of our economy. We are confident that all involved understand that these are challenging times, the likes of which many have never experienced. We are just as confident that all of us appreciate the need for us to prepare Bermuda to be successful, now and into the future, to create a Bermuda that is sustainable economically, socially, and environmentally. Indeed, it is a delicate balance that we seek to achieve.

Madam President, much of the concern about the Order focused on the changing of zoning on several pieces of environmentally significant lands. Despite the stringent protections in the Order, and in response to those concerns, the Government proposes to amend the Order, the effects of which are as follows:

1. Remove Quarry Hill, Site, the Northernmost site on the attached plans, from the Order. Removing the Quarry Hill site from the Order will preserve the Woodland Reserve zoning.

2. Remove nine lots on the East and South of White Crest (Catchment) Hill, Site 11. The developers already have approval to develop 43 lots in this area. Therefore the total number of development lots proposed for this site is reduced from 54 down to 45. This is the area that is the subject of the Covenant between Tucker’s Point Club and MidOcean Club. Removing these lots from the Order would preserve the Woodland Reserve and Nature Reserve zonings. The developers propose working with the Government to convey land removed from the Order to Government. This gift of approximately 7.44 acres would be in addition to the gift of 7.4 acres of land on the Western side of White Crest Hill, which remains as a component of the Order, totalling 14.9 acres of land donated to the people of Bermuda for active conservation purposes.

3. Remove two lots of proposed development in the most environmentally sensitive locations of Paynter’s Hill and donate the 6.6 acres of land to the Government. The developers would wish to protect the land from any future development by entering into a Covenant with Government for this purpose. Removal of these lots from the Order would protect the critical Yellowwood Habitat, protect known cave locations and preserve the majority of the Woodland and Nature Reserve zonings. In return, the developers would wish to retain in the Order lots one through six and lot nine for Hotel Residences. Lot nine is the existing tennis courts. These lots would impact Nature Reserve and Woodland Reserve zonings. However, there are no known critical habitats or caves in the area. It is important to note that stringent protections remain in the Order and still apply.
4. In addition, lots one and two of Site 6, comprising approximately 0.945 acres, and comprising land currently used as a park, will be donated to the Government to protect the land in perpetuity.

5. In total, 18.4 acres of development land is proposed to be removed from the Order.

Madam President, the total land to be donated to the Government and people of Bermuda as a result of these amendments and donations under the remaining portions of the Order totals approximately 41.1 acres. It could be argued that this is perhaps the largest single donation of private land to the people of Bermuda.

Madam President, in the original Order, the land was to be divided into 83 lots. Of those, 43 were already approved for development. Of the remainder, 1 was for expansion of the existing hotel, five were to be donated or kept as conservation areas or amenity spaces, resulting in 34 lots for Hotel Residences. With these amendments, 2 lots are removed from Paynter’s Hill, 2 lots are removed from Site 6, recognized as parkland on Harrington Sound Road, and 9 lots are removed from White Crest Hill, thereby totalling 13 lots removed from development. The total net addition to the number of lots remaining for Hotel Residences under these amendments is 24.

Madam President, the overall impact of these amendments is as follows

1. The acreage identified for development is reduced from 63 acres to 44.8 acres, a decrease of 18.4 acres.
2. The number of lots to be developed as Hotel Residences is reduced from 33 to 24.
3. The total land to be donated to the Government and people of Bermuda – 41.1 acres.
4. The sensitive area of Quarry Hill, home to several known caves, is no longer a part of the Order.
5. The endemic Yellowwood tree habitat is protected, and under a covenant to be agreed with Government, will remain so in perpetuity.
6. Development on the faces of White Crest Hill is no longer a part of the Order.

Madam President, some might question the status of plans for hotel expansion. It is true that it had been identified for the Quarry Hill site. However, the developer has always indicated that this was a provision for future development as the necessary preliminary environmental and topographical studies had to be completed prior to a design being undertaken. The developers and the proposed Management Company, Rosewood Resorts, still believe that hotel expansion is important to the overall development. However, they will return at an appropriate time with an application under the normal planning processes. We anticipate that should an application be made, it would be accompanied by all the necessary studies that the Development Applications Board would require.

Technical Officers of the Department of Planning and the Department of Conservation Services have reviewed the proposals and believe that they represent significant steps to preserving critical habitats and zonings. Much of the land previously proposed for development would now be granted to Government, for protection in perpetuity. As a result of this donation, Management Plans and Species Recovery Plans can be prepared and implemented that could see the donated areas even improved through proper management of invasive, native and endemic species. A vote in favour of this amended Order is a vote in favour of enhancing and protecting our critical habitats at Tucker’s Point. Without active Management that can be provided by Departments within the Government, it is likely that over time invasive species could override the few remaining Yellowwoods.

The principal lenders and the proposed Management Company are satisfied that these amendments will allow Tucker’s Point Resort to be successful and help lead Bermuda’s revitalization of our critically important Tourism Industry.

Madam President, I trust that Senators will see that this Government has not only heard, but has listened, and has taken to heart the concerns raised by Senators. We believe that these amendments achieve that delicate but necessary balance between protecting Bermuda’s special environment and sustaining our social and economic development.

Madam President, despite the attention drawn from all segments of the community during this process, and may I add that for the most part it has not been smooth sailing, Rosewood has remained steadfast and resolute in their commitment to Tucker’s Point Club. This speaks volumes to the Company’s confidence in our tourism product and is eager to stay the course and participate in Bermuda’s tourism resurgence.

Madam President, we are confident that we have integrated the invaluable input of our fellow Senators to produce what we believe is an Order that stands in the best interest of the people of Bermuda.

There have been statements questioning what this SDO has to do with tourism now that the hotel component has been removed. The answer is simple.

1)The order provides for 24 additional hotel residences to be developed. These residence are specific under the act, and can only be built as part of a hotel project. These residences can be sold or can be used to as inventory for the hotel product. Additionally, there has been debate in the public about why the Hotel cannot build at the location of the existing government quarry. This may in fact be a future consideration; however that is not the matter before us today. The immediate matter is the passage of the SDO the government can do its part in supporting Tuckers Point. And the items contained in this SDO. Those items may come before us in the future, but we are dealing with the present. The hotel has always stated that hotel expansion would be down the road, I would suggest, as I have earlier, that process will most likely happen in the future.

There have been many who have questioned our seriousness and commitment; they questioned the protection that this government put in the order and they questioned our motives. Today, despite the huge amount of land that has been proposed to be given to the people of Bermuda, the arguments are now that it is not enough protection. Persons and senators may state that it doesn’t go far enough, that a 3rd party needs to be involved. To them I state, your argument may have merit, but that is not what we are discussing in this order. Those suggestions may be taken on by the government after we conclude step one. We cannot put the cart before the horse.

Madam President, I trust that Senators will see that this Government has not only heard, but has listened, and has taken to heart the concerns raised by Senators. We believe that these amendments achieve that delicate but necessary balance between protecting Bermuda’s special environment and sustaining our social and economic development.

Madam President, Making the right decision is not always easy, nor is it always appreciated by everyone. As you know, Bermuda is not immune to the international economic climate or, indeed, to changes that take place in the global tourism marketplace. The recent economic downturn has made us all aware of just how depended Bermuda is on the well-being of our tourism industry. Our economy and quality of life depends upon it which is why this Government supports tourism projects and tourism related opportunities that are in the best national interest.

As I stated in my comments last week (De-ja Vu)

the issues facing this Senate are not easy, nor are they meant to be. On this order we are asked to decide issues on Behalf of the People of Bermuda. We are tasked with balancing the needs of all persons. We are required to judge ALL sides, That is the reason that we are here, to make the decision that is in the best interests of our people to advance our “peace, prosperity and welfare.” I believe that this compromise is in the BEST interests of our people.

MADAM PRESIDENT It’s been a long couple of weeks for all of us. The Opportunity before us is to emerge with a Win-Win for tourism and for the people of Bermuda. A yes vote allows for TP to continue its reorganization and for the people of Bermuda to receive over 41 acres of land for conversation purposes. I am gratified that hopefully after passage we can move forward proud of the steps that we’ve taken as a government and as a people, knowing that we have a strong and vibrant democracy and that madam president is something we can all be proud of!

Madam President, with those introductory remarks, I now invite comment from other senators. Thank you Madam President.

Thank you Madam President.

#BermudaPolitics #DavidBurt #TuckersPointHotel

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