Minister Bean: Streamlining The Planning Process

Good afternoon,

I have called this press conference today to announce that work is currently underway to further streamline the Planning process in Bermuda.

This will be achieved through the modernization of the Planning Regulatory Framework.

The Department of Planning recently carried out a comprehensive review of the Development and Planning (General Development) Order 1999 which included an examination of Bermuda’s existing legislation as well as legislation and best practice in other jurisdictions comparable in size and character to Bermuda.

The Department’s review and subsequent recommendations for legislative change were recently submitted to Cabinet – who, I am pleased to report to you, has now given approval for these changes.

The Attorney General’s Chambers were also consulted regarding the formal submission to Cabinet and have now been engaged to prepare the amendments following Cabinet’s approval earlier this month.

The General Development Order is essentially enabling secondary legislation that permits a range of small-scale development to be carried out without the formal submission of a planning application.

Such works are commonly referred to as “Permitted Development” as the Order itself grants approval for the works provided that certain specified conditions are met. Typically, these works would include walls, alterations to residential dwellings and small-scale commercial projects.

Currently, there are seven (7) Classes of Development permitted by the General Development Order:

(i) Development within the curtilage or land surrounding of a residential building, such as minor extensions to existing buildings;

(ii) Sundry minor operations, such as minor excavations and erection of walls not exceeding four feet;

(iii) Enlargement of non-residential buildings up to a certain square footage;

(iv) The rebuilding, restoration or replacement of buildings, works or plant that have suffered damage from storm, fire or other causes;

(v) Temporary buildings and uses;

(vi) Satellite receiving dishes; and

(vii) Solar energy collecting systems.

The Permitted Development Process is effectively a fast-track arrangement to approving a building permit for small-scale works and the vast majority of applications are for minor residential works.

The Department has set a standard of six working days to complete Permitted Development permits, provided that they have the necessary information to assess the applications.

The proposed amendments, recently passed by Cabinet, would affect residential development and would include but are not limited to:

• An increase in the permitted site coverage for additions;
• An increase in permitted total floor area for additions;  and
• Extension of permitted development to include the construction of swimming pools

Similar increases in site coverage and total floor area are also proposed for non-residential development.

The proposed changes will also include the introduction of new categories of Permitted Development.

I must stress that safety, standards and environmental quality will not be compromised by these changes. In particular, safeguards will still be in place to ensure compliance with requirements such as the development restrictions set out in the Bermuda Plan 2008.

The benefits of including a wider range of Permitted Developments are various. Not only will they assist the general public in a speedier approval process for minor non-contentious works, but it would also mean that the processing of other development applications could be improved as resources can be redistributed to ensure greater efficiency.

Furthermore, the effects of these changes will be felt immediately following the passage of the legislation.

The next step is for the Department to meet with counsel to provide detailed instructions of the changes.

The main objective of this change is to respond positively to the current needs of the Island by expanding the range and scope of works that are deemed ‘Permitted Development’ and therefore, can benefit from an expedited approval process.

We also plan to make a minor amendment to the Development and Planning Act 1974 to extend the current powers of the Development Applications Board (DAB) to grant delegated authority to the Director of Planning to determine straightforward planning applications.

In this respect, the criteria establishing the types of application subject to delegation would be agreed in principle by the DAB and approved by the Minister.  The delegated applications may include those that are in full compliance with the Bermuda Plan 2008.

However, it should be noted that the Act already provides for such delegation ‘in principle’.  Similar to the review of the Order,  the Attorney General’s Chambers have been engaged regarding the amendment to the Development and Planning Act 1974.

Currently, either the Development Applications Board (DAB) or its sub-committee decides on all planning applications.

The proposed amendment would relate to relatively small-scale projects, such as those that require a full planning application but are fully compliant with all the policies and requirements of the Bermuda Plan 2008 and do not require the exercise of discretion for the relaxation of any prescribed standards.

In addition, the amendment would permit the Director of Planning to finalise technical details (such as landscaping or parking arrangements) for major schemes which are ready for in-principle consideration by the DAB….thus shortening the length of the planning process.

This delegation is not unique and in most other planning jurisdictions some form of delegation authority exists in order to expedite business… usually with provisions to ensure that those applications which may be contentious in any way are considered by the relevant board or committee and are not delegated.

The delegation agreement would be subject to the Minister’s approval and conferred by formal instruction in writing and published in the official Gazette.

The delegation may include:

• Minor applications that are fully compliant with the Bermuda Plan 2008;
• Applications that have been reported to the DAB and agreed in principle, but where minor technical issues remain outstanding; and
• Minor revisions to previously approved schemes.

The proposed changes to legislation I have just mentioned go hand-in-hand with many other changes to processes and procedures that have been on-going in the Department of Planning.

The Department is continually reviewing and streamlining its processes and procedures in the effort to reduce application processing times further.

In fact, the Department recently commissioned two customer surveys to gain feedback on the public perception of the Department and the quality of its services to customers.

Consequently, the Department will be utilizing the results to review its services and procedures; streamline internal consultation procedures with Government agencies; and inform its public education and staff development initiatives.

It is essential to ensure the Department of Planning is functioning in optimal capacity as it is responsible for the management of all development in Bermuda.

The planning policies are intended to regulate the development of land in order to ensure its best use; to provide for the protection and preservation of the environment; and to assist in the development of policies related to the management of natural resources.

Both of these upcoming legislative changes I have outlined today are consistent with the Government’s mission to gain efficiencies in the delivery of public services.

In this regard, we can expect the on-going review of planning legislation and its supporting policies as well as the Department’s  procedures and processes as dynamic responses to the conditions of the day.

Thank You.

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