Pearman & Minister Roban On Planning Matter
“Why is Deputy Premier Roban on an offensive to override planning decisions again and again” Scott Pearman asked, while Minister Roban said the “law allows for the Minister to judge an appeal, that is what I have done in this case, as we have done in many others.”
Shadow Home Affairs Minister Scott Pearman said, “Why is Deputy Premier Roban on an offensive to override planning decisions again and again? How many times now has he decided to ignore the experts?
“Remember back in November 2011, Minister Walter Roban had to resign from Paula Cox’s Cabinet. He quit amid allegations of corruption and subverting the planning process.
“The Minister decided to overrule a technical officer’s decision blocking PLP MP Zane DeSilva from building on environmentally protected land at Devonshire Marsh. Minister Roban then intervened to allow his PLP colleague to build warehouses on the marshland. When accused of ‘acting corruptly’ and ‘unethical behaviour’, Minister Roban swiftly resigned, admitting his actions had ‘… brought about questions of the Government’s integrity and accusations of corruption’.
“Fast forward to April 2023, the public then witnessed Minister Roban overturning another planning decision, again in favour of MP Zane DeSilva on land near Devonshire Marsh.
“And now the Minister overrules expert advice regarding Flatts village. Perhaps Minister Roban should just change jobs and go run the planning department instead?”
In response, Deputy Premier Walter Roban said, “The whole island should know that if re-elected the OBA will never uphold any appeal against any planning decision that may not be supported by technical officers of the Department of Planning. To assume that planning officers always get it right, and that entrepreneurs who are looking to build their business should be stymied – without any recourse to the elected government – is dangerous; but that is what the OBA will do if ever re-elected, so all Bermudians should understand.
“The law allows for the Minister to judge an appeal, that is what I have done in this case, as we have done in many others. I stand by the decision, and look forward to there being additional amenities for our visitors and residents in the beautiful Flatts Village. This Government is committed to providing additional economic activity throughout Bermuda despite the silly and repeated attacks by an Opposition that is desperate for relevance.”
A government spokesperson said, “For specific responses to the points raised by the Opposition, please note below:
OPPOSITION: “Why is Deputy Premier Roban on an offensive to override planning decisions again and again? How many times now has he decided to ignore the experts?
RESPONSE: Mr Pearman implies that the Minister is acting unlawfully. Unfortunately, Mr. Pearman is obviously unaware of or needs help understanding the Planning Legislation. Section 57 of the Development and Planning Act provides for an appeal process to the Minister. It states, in part: “The Minister, subject to this section, may allow or dismiss the appeal, or may reverse or vary any part of the decision of the Board, whether the appeal relates to that part or not, and may deal with the application as if it had been made to him in the first instance.” If the Ministers responsible for Planning were not allowed this level of discretion when considering applications, many genuine development opportunities would have been denied due to the rigid technical nature of the Development and Planning Act. These include entrepreneurial opportunities and developments that complement our social, economic, and cultural environment.
OPPOSITION: “And now the Minister overrules expert advice regarding Flatts village…
RESPONSE: It would appear that Mr. Pearman’s comments confirm that he is not supportive of Bermudian entrepreneurship, economic development, and ensuring that we have a wide variety of options available to locals and visitors in hospitality services. It must be noted that the Flatts area has several different restaurant options already in place, which attracts considerable economic activity daily. This business is a compliment to what already exists in the immediate area.
OPPOSITION: “Fast forward to April 2023, the public then witnessed Minister Roban overturning another planning decision, again in favour of MP Zane DeSilva on land near Devonshire Marsh.”
RESPONSE: It is disappointing that Mr. Pearman, a lawyer, is unfamiliar with court decisions that have grandfathered the existence of business activity in that area. Other substantial buildings and commercial operations exist nearby on Devonshire Marsh, this is nothing but at poor attempt at political point scoring.
The OBA are right, this is no different to 12 years ago, unethical, corrupt and cronyism.
But what is different is the extent of the PLP power, frankly unhealthy power, which allows Roban to ignore ‘doing the right thing’ and doing whatever the heck he likes. Even if that is in his buddy’s interest and not the public interest.
And quite why Roban was allowed back into Government is a mystery to many, me included.
Every sitting government party has held that same power, its not just a PLP thing.
This has now set a precedent for food trucks to appear anywhere on island. People are not seeing the wider impact of this decision.