Minister: Final North East Hamilton Local Plan
“Today I laid for consideration and approval the final North East Hamilton Local Plan 2022,” Minister of Home Affairs Walter Roban said in the House of Assembly today [June 3].
“The North East Hamilton Local Plan 2022 has been prepared by the Department of Planning to guide development within the north eastern portion of the City of Hamilton,” the Minister said.
“The right development in the right location can spur economic activity and therefore it is essential that North East Hamilton is equipped with an appropriate planning policy framework which can assist in facilitating investment.
The Minister’s full statement follows below:
Mr. Speaker, today I laid for consideration and approval the final North East Hamilton Local Plan 2022. The North East Hamilton Local Plan 2022 [“the Plan”] has been prepared by the Department of Planning [“the Department”] to guide development within the north eastern portion of the City of Hamilton. The Plan is accompanied by a Tribunal Report, detailing the consultation process, representations received and the findings and recommendations of the Tribunal. Once approved, notice of the Plan will be published in the Official Gazette and it will become operative.
Mr. Speaker, I invite members of this Honourable House and the public tNorth East Hamiltono access both the Plan and the accompanying Tribunal Report online here.
Mr. Speaker, North East Hamilton is an area of unparalleled community spirit. However, it is also an area which has suffered due to a lack of investment in its infrastructure and environmental conditions. The area has been subject to, and continues to experience, challenging socio- economic conditions which have contributed to negative perceptions of the area. These negative perceptions have caused a general reluctance within the private sector to invest in development projects within the area.
Mr. Speaker, the right development in the right location can spur economic activity and therefore it is essential that North East Hamilton is equipped with an appropriate planning policy framework which can assist in facilitating investment.
Mr. Speaker, the North East Hamilton area was intentionally excluded from the City of Hamilton Plan 2015 as it was considered that the area has a “distinct urban fabric…worthy of its own local plan.” The Department has explored a number of options for the preparation of a local plan for this area, attempting to ensure that it is sensitive to the needs and aspirations of the people who live and work in the area.
Mr. Speaker, the presentation of the Plan today represents the culmination of this work.
Mr. Speaker, the Plan establishes a change of approach to the traditional interpretation and application of planning policy in Bermuda in that the entire ethos of the Plan is built around the concept of a document which is applied in its entirety. Such an approach allows for decisions to be taken through balancing all of the relevant factors, and not mandating that a planning application must be refused because it fails to meet a single policy. Similarly, it also means that an application does not have to be approved just because it meets pre-conceived requirements.
Mr. Speaker, this Plan allows for case-by-case assessments, based upon the nature of development proposals and the circumstances of individual sites, and encourages developers and architects to put forward innovative designs which respond to the established characteristics of the area.
Mr. Speaker, within the context of ever changing social, environmental and economic dynamics, I believe that it is imperative to have a planning system which has the ability to quickly pivot and respond constructively to emerging opportunities. I believe that the Plan can assist in successfully achieving this whilst remaining true to sound planning principles.
Mr. Speaker, the overarching vision of the Plan is “to realise North East Hamilton’s sustainable economic potential in a manner which is cognisant of the established environment, sense of community and cultural importance of the neighbourhood”.
Mr. Speaker, in order to realise this vision, the Plan sets a flexible policy framework which affords greater decision-making discretion to the Development Applications Board. This framework does not set any absolute parameters in terms of acceptable uses, designs or building heights in order to allow each development proposal to be considered on its individual merits. It does, however, contain all of the conventional planning considerations, ensuring that appropriate decisions can be taken within a robust policy framework.
Mr. Speaker, the Department undertook an extensive consultation exercise with internal and external stakeholders in preparation of the Plan prior to the formal public consultation phase. Feedback received as part of this initial phase of the consultation process was considered before the Plan was formally published for public consultation.
Mr. Speaker, a draft version of the Plan was released on 5th July 2021, marked by an on-site press conference attended by technical staff from the Department and myself. Throughout the month of July 2021, the Department raised the profile of the Plan by distributing information leaflets, emailing local businesses, and holding stakeholder meetings. Alongside technical staff from the Department, I also appeared on a live radio show to publicise the release of the Plan and to participate in a question-and-answer session.
Mr. Speaker, the formal public consultation phase commenced on 2nd August 2021, ending on 8th October 2021. During this period, any interested parties were invited to submit objections or representations on the content of the Plan. Details of this public consultation phase were published in the Official Gazette and on the Department’s website. In addition, the Plan was highlighted by various local media outlets at key stages during the plan-making process. The Department also issued a press release before the closure of the consultation period in an effort to obtain as much feedback as possible.
Mr. Speaker, due to the public health guidance, which was in place during the public consultation phase, it was determined that “in-person” consultation exercises would not be appropriate. Accordingly, the Department held a live, virtual town hall on 2nd September 2021. As part of this exercise, technical officers from the Department conducted a presentation, which was followed by a question-and-answer session. The broadcast was shown live on the Government’s YouTube and Facebook channels, as well as CITV. This also provided the opportunity for what transpired to be a valuable question and answer session.
Mr. Speaker, a total of three submissions were received as part of the formal public consultation phase. One of these submissions was confirmed to be an “objection” upon receipt. The Department subsequently held discussions with each of the parties who made formal submissions and following those discussions, it was confirmed that all of the cases received were to be treated as “representations”, and not “objections”. This is a crucial difference as it meant that there were no formal requests to change the content of the document.
Mr. Speaker, in accordance with the Development and Planning Act 1974, I appointed a Tribunal on 20th January 2022 to process the submissions received. The Tribunal members consisted of Mr. John Payne [Chairman], Ms. Jennifer Haworth and Ms. Vanessa Turner.
Mr. Speaker, as noted within the Tribunal Report, upon consideration of the consultation process followed by the Department and the resolutions reached, it was determined that no formal hearings were required. The Tribunal concurred with the Department’s recommendations on each of the three cases and did not recommend any changes to the Plan, with the exception of minor changes recommended by the Department. Having received the final version of the Tribunal Report for my review in April 2022, I confirmed my full agreement with the Tribunal’s findings and recommendations.
Mr. Speaker, I believe that it is particularly pertinent to point out that the Tribunal concluded that the lack of objections is reflective of the flexible nature of the document, as well as the “vigorous consultation process used” by the Department. I wholeheartedly agree with these conclusions and believe that the Department has produced a document which could be the cornerstone of a transformational approach towards planning within Bermuda.
Mr. Speaker, the Government announced as part of its General Election platform a desire to transform the City of Hamilton into a liveable city and voiced its support for major public and private sector building projects, including residential development in North East Hamilton. Through its flexible approach and consistent support for residential development within the area, this Plan will play a critical role in achieving these ambitions.
Mr. Speaker, the 2021 Speech from the Throne detailed a commitment to ensuring that the North East Hamilton Plan would come before the Legislature during this Session. The presentation of the Plan today delivers on this commitment to the people of Bermuda.
Mr. Speaker, I would like to take the opportunity at this time to thank the members of the Tribunal for their hard work and contributions to the North East Hamilton Local Plan 2022. In addition, I would like to recognise the efforts of Ms. Victoria Pereira, Director of the Department of Planning, and her team, notably Mr. Kenneth Campbell and Mr. Paul Mcdonald.
Thank you, Mr. Speaker.
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