Development and Planning (General Development) Order 1975

Interpretation

1 In this Order, unless the context otherwise requires—

"the Act" means the Development and Planning Act 1974 [title 20 item 1];

"Director" includes any person acting on his authority;

"estate road" means a road other than a public road which serves more than three building lots or more than three detached houses, or a building or group of buildings having accommodation for more than twenty-five persons;

"existing lot" means a lot existing prior to 3 August 1965 which can lawfully be alienated separately from any abutting lot in the absence of authority to subdivide under the Act;

"grade level" means the level of the ground adjoining the building or structure on each of its sides;

"listed building" means a building which is for the time being in cluded in a list compiled or approved by the Minister under section 30 of the Act;

"noxious" means detrimental to the amenity of the area by rea son of smell, fumes, smoke, ash, dust, noise or other nui sance;

"site coverage" means the area of a lot covered by all buildings erected thereon and by outdoor storage areas;

"undersized lot" means an existing lot which is below the mini mum lot size prescribed for the area in which the lot is situ ated by a development plan or a zoning order.

Areas to which Order does not apply

2 This Order shall not apply within the following areas—

(a) the municipal area of the City of Hamilton;

(b) the urbanished portion of the Town of St. George as de fined for the purposes of the Development Plan 1974;

(c) land for the time being owned or occupied by the Crown in its Government of Bermuda, or any agency thereof, and situated in Ireland Island, Watford Island or Boaz Island, but shall otherwise apply throughout Bermuda.

Permitted development

3 (1) Subject to the subsequent provisions of this Order, devel opment of any class speci fied in the First Schedule to this Order is per mitted by this Order and may be undertaken upon land to which this Order applies, without the permission of the Development Applications Board:

Provided—

(a) nothing in this paragraph shall have the effect of grant ing planning permission for any development unless a certificate has been granted under article 4 in re spect of that development and such development is commenced within two years of the grant thereof;

(b) the permission granted by this Order in respect of any class of development specified in the First Schedule shall be defined by any limitation and be subject to any con dition imposed in the First or Second Schedules in rela tion to that class.

(2) Nothing in this article or in the First or Second Schedules shall operate so as to permit any development contrary to a condition imposed on the grant of any planning permission under the Act.

(3) The permission granted by this article as read with the First and Second Schedules shall not authorize any development which re quires or involves the formation, laying out or mate rial widening of a means of access to an existing public or estate road or which creates an ob struction to the view of persons using any such road at or near any bend, corner, junction or in tersection so as to be likely to cause danger to such persons.

Certificates of permitted development

4 (1) Application for a certificate for the purposes of article 3(1) shall be made in writing to the Director and be accompanied by the fee, if any, prescribed therefor under the Government Fees Act 1965 [title 15 item 18] and shall—

(a) state the name of the owner and the occupier of the land upon which the devel opment is to take place;

(b) describe the location or address of the land, with suffi cient particularity to enable it to be identified;

(d) state the nature and position on the land of the pro posed development accompa nied, should the Director so require, by a sketch or plan thereof;

(e) contain such further information as the Director may re quire in amplification of the foregoing,

and the application shall be signed by the person making it and, if the applicant is not the owner of the land upon which the development is to take place, by the owner also.

(2) The Director shall grant his certificate if he is satisfied that the development is de velopment permitted by this Order; but if he is not so satisfied he shall withhold his certificate.

(3) If the Director withholds his certificate the application fee shall be refunded to the applicant.

Directions restricting development

5 (1) If the Minister is satisfied that it is expedient that any particular development of any of the classes specified in the First Sched ule should not be carried out unless planning per mission is granted on an application in that behalf to the Development Applications Board, he may direct that permission granted by article 3 shall not apply to that development.

(2) Notice of any direction made under paragraph (1) shall, as soon as may be after it has been made, be served by the Minister on the owner and occupier of every part of the land af fected, and such direction shall come into force in respect of any part of the land on notice thereof is served on the occupier of that part, or if there is no occupier, on the owner thereof.

Development to comply with Building Code

6 Nothing in this Order shall derogate from the Building Code 1972 [title 20 item 1(f)], of any reg ulation under Part VIII of the Development and Planning Act 1974 [title 20 item 1] or of any zoning order.

Commencement

7 [omitted]

FIRST SCHEDULE

Subject to the limitations and conditions set out in this Schedule the following development is permitted under article 3—

CLASS I
Development within the curtilage of a residential building

1 Subject to standard conditions 1 and 2, the enlargement of a residential building which is not a listed building so long as—

(a) the floor area of the original residential building (measured ex ternally) is not ex ceeded by more than 150 square feet;

(b) a maximum site coverage of 2,000 square feet is not ex ceeded;

(d) the height of any new build ing neither ex ceeds 2 storeys nor the height of the original building;

(e) no part of any new building pro jects be yond the building line at the front of the original residential build ing:

Provided that the erec tion of a garage, carport, or garden shed shall be treated as the enlargement of the residential building for the purpose of this permission.

2 Subject to standard conditions 1 and 2, the maintenance, improvement or other alteration to an original residential building or to buildings or enclo sures within the curtilage of the residen tial building and used incidental to the residential use of the site so long as—

(a) the exterior ap pearance of a residential building or building which is a listed build ing is not af fected;

(b) such mainte nance, im provement or other alteration does not have the effect of en larging a resi dential building otherwise than as authorized in paragraph 1 hereof:

Provided that nothing in this permission shall authorize—

(i) the erec tion of any structure treated as an en largement for the purpose of paragraph 1 hereof otherwise than in ac cordance with that paragraph;

(ii) the con struction of a swim ming pool or the al teration of a building so that it may be used as a stable or for the keeping of livestock.

Class II
Sundry minor operations

1 Subject to standard condition 1, the erection or con struction of gates, fences, walls or other means of enclosure not exceeding 4 feet in height when measured from the lowest adja cent grade level.

2 Subject to standard condition 1, the erection or con struction of pergolas, walkways, slat houses of less than 150 square feet in floor area, barbe cues, minor landscap ing works and other minor works of a nature similar to the works de scribed:

Provided that nothing in this permission shall authorize—

(a) the erection of a retaining wall over four feet in height when measured from the low est adja cent grade level;

(b) the construc tion of a swim ming pool.

Class III
Temporary buildings

1 The erection or con struction on land in, on, over or under which op erations for which plan ning permission has been granted under the Act are being carried on or for which planning permission is not re quired, or on land ad joining such land, of buildings, works, plant or machinery needed temporarily in connec tion with the said oper ations for the period of such oper ations, subject to the condition that such building, works, plant or machinery shall be removed at the expiration of that pe riod and where they were sited on any such ad joining land that land shall be forthwith rein stated.

2 Subject to standard condition 1, the use of land for any purpose on not more than 28 days in total in any twelve month period, and the erection or placing of moveable structures on the land for the pur poses of that use:

Provided that nothing in the permission shall authorize—

(a) the use of land for storage or dumping pur poses;

(b) any works of excavation or regrading.

Class IV
Agriculture buildings, works and uses

Subject to standard condition 1, the carrying out on land having an area of more than one acre of engineering operations requisite for the pur poses of use of the land for agriculture, and the erection of a storage or equipment shed or green house or slat house of not more than 400 square feet in area, so long as the total area of all such sheds (whether erected in ac cordance with this per mission or otherwise) does not exceed 600 square feet per acre:

Provided that nothing in this permission shall authorize—

(a) the erection of a stable, a build ing to house livestock or a building to house domestic animals on a commercial ba sis;

(b) the erection of more than two green houses or more than two slat houses an acre;

Class V
Development for industrial purposes on land used for the purposes of an industrial un dertaking

1 Subject to standard condition 1, the provision of pipes, cables or other apparatus.

2 Subject to standard condition 1, the installation of plant or machinery not exceeding 20 feet in height.

Class VI
Damaged build ings, works and plant

Subject to standard conditions 1 and 2, the rebuilding, restora tion or replacement of buildings, works or plant which have suf fered storm, fire or other damage so long as—

(a) not more than 60% of the vol ume of the said building, works or plant has been de stroyed by such dam age;

(b) the height and bulk of the re placement buildings, works or plant does not exceed that of the original.

SECOND SCHEDULE

The following are the standard conditions referred to in the First Schedule and where these conditions apply planning permission granted by this Order shall be deemed to be granted subject to these condi tions:—

1 The development shall be in conformity with the development plan in force in relation to the land on which the devel opment takes place and, without derogation from the generality of the foregoing, the development shall conform to the provisions of such plan relating to set back from lot boundaries, site coverage and the height of buildings or other struc tures.

2 The development for which planning permission is granted by this Order shall be similar to the principal building on the site in its ar chitectural style, exterior building materials and exterior colour.

Bermuda Consolidated Legislation

Development and Planning (General Development) Order 1975