📋 Tender Overview
The Bill entitled the Development and Planning Amendment Act 2021 the Amendment Act which seeks to amend the Development and Planning Act 1974 to 1 increase the protections to the environment while 2streamlining the planning process.Mr. Speaker I must reiterate the Governments commitment to introduce sustainable planning legislation which will protect our delicate environment while streamlining measures tostimulate our economy particularly our construction industry.Mr. Speaker our statistics underscore that our construction industry is doing quite well and we understand the critical role of the Department of Planning in facilitating new investment and meeting the development needs of the island. As a result we are committed to improving the efficiency of all the Departments procedures.Mr. Speaker figures for the first 6 months of this year show that the number of permits issued have increased by 7 versus 2019 and by 44 versus 2020. A similar increase in Inspections completed 47 versus 2020 is also apparent. However the most exciting news is that Commencement Inspections which give an indication of new projects starting and therefore the prospect of increased and sustained work for the construction industry have increased by 72 well in excess of the increase in permits. This shows that projects which may have previously been on hold are being acted upon.Mr. Speaker there are a number of initial steps that have already been implemented in order to achieve these improvements such asa engaging with key stakeholders from the construction industry to understand first-hand the range of concerns. Through this dialogue the Department of Planning has been able to discuss proposed changes and obtain valuable feedbackb scheduling of quarterly planning clinics that allows the public to interact directly with Department of Planning Officersc introducing delegated powers that provides the Director to approve applications administrativelyd sending alerts to anyone who registers on the Planning website when new applications are gazetted ande implementing the EnerGov system that provides for electronic submissions review of applications and submissions of objections thus eliminating the need for paper submissions.In addition there are a range of other initiatives that are also being actively worked on. These include the Competent Persons Scheme new procedures to allow minor revisions to be approved in the field during constructionrevisions to the General Development Order to increase the scope of what is deemed as permitted development and the introduction of new local development plans commencingwith the soon to be announced draft North East Hamilton Plan 2021. However we have achieved these measures while ensuring that we protect our precious environmental assets. This was reflected in the Bermuda Plan 2018.Mr. Speaker these other initiatives aside the amendment being tabled today focuses on three key areas1. Protected Conservation Areas2. Special Development Orders3. Emergency Development OrdersMr. Speaker the amendment will also introduce the concept of protected conservation areas. The aim of this amendment seeks to offer heightened protections with respect to this specially protected class upon which it is believed development should not be considered. A list of areas falling within this protected class shall be referenced in the amended Act. Such areas which is subject to landowner agreement may include nature reserves actively cultivated arable land significant portions of wooded land areas supporting valuable historic andor cultural assetsMr. Speaker some have asked why this amendment is important. They have claimed that there is adequate protection in the zoning of the land. Whilst it is true that the development plan process involves establishing zoning for land these zonings are subject to change either by the development plan process itself or via approvals for development granted on appeal to the Minister. This amendment will ensure that these areas once protected can only be removed by the Legislature via the affirmative resolution procedure.Mr. Speaker through the stakeholder engagement with the development industry concerns have been expressed over the process of issuing or amending Special Development Orders SDOs. Therefore this amendment seeks to revise the current process to support greater efficiency while maintaining rigorous standards.Mr. Speaker currently when SDOs are introduced or amended the Minister must wait until the House sits to table an SDO. This requirement can cause significant delay which typically equates to economic ramifications that can undermine the viability of a development. An example that highlights this challenge is the introduction of the 2018 amendment to the Tuckers Point SDO. The passing of the amendment by the Legislature determinedwhether interested buyers were successful in purchasing the lots of land. Given the scheduling of the House at the time the tabling of amendments were delayed by three monthsthereby resulting in a significant risk of losing potential buyers.Mr. Speaker we have not sacrificed the due diligence process to ensure that development proposals are appropriately assessed in terms of social environmental and economic impact. In fact Mr. Speaker for the avoidance of any doubt we have now legislated it. In keeping with the UK Convention on the Environment adequate assessment and scrutiny must be performed before the SDO can be deemed acceptable and gazetted. Therefore the variouschecks and balances are incorporated into the Act before the SDO is approved and gazetted. These checks and balances will include the requirement for development proposals to be accompanied by an Environment Impact Statement EIS which must be published for public review and comment.
