Welcome to BEST

You are encouraged to make your concerns known by writing to your MP. and/or the Minister with a copy to the Editor of the Newspaper. A sample letter is shown below, but it will be more effective if you personalize it. Look for your MP’s address and the editor’s address is tmcwilliam@bermudasun.bm or letters@royalgazette.bm

Dear …

I am writing to you to express my concern in the manner if which the Southlands Ltd application to build a 10 storey housing block for hotel staff in Hunt’s Quarry, Warwick has been approved by the Minister.

The Development Applications Board (DAB) turned down the application for a number of reasons. The plans do not contain sufficient information; the density of staff housing was excessive,
the 10 storeys far exceed the Residential Zone 1, 5-storey allowance. To add up to 375 people into this already densely populated area is hardly sustainable. An independent Inspector recommended that the Minister reject the appeal because of the unprecedented height of the building and the density of people that it would bring to the area.

The Minister has ridden roughshod over the recommendations of the Planning Department, the advice of his inspector, the decision of the DAB and the work of the Government Development and Panning Tribunal Procedure, which is in the process of reviewing requests by Mr Hunt for rezoning of the area.

The Minister mentions “special circumstances” but fails to elaborate on this vague, catch all phrase. What exactly are these special circumstances that fly counter to all recommendations of those employed – and qualified – to make rational decisions following Government established procedures.

In 2006, the Government issued document “Charting our Course: Sustaining Bermuda”
declared

“Throughout the Bermudian community there seems to be little respect for environmental legislation. Crimes against the environment are generally not taken seriously.”

Why ever should they when the Minister himself, tasked with enforcing the laws and procedures designed to protect this unique island environment, so casually flouts them with the nebulous phrase “special circumstances.”

Sincerely

October 25th, 2009 | Category: Uncategorized | Leave a comment

The Bermuda Environmental & Sustainability Taskforce (BEST) has been informed that Minister for the Environment, Hon. Glen Blakeney, has upheld an appeal from Mr. Nelson Hunt and Southlands Ltd. to build a 10 Storey dormitory-styled apartment building on Quarry Lane off Khyber Pass Road in Warwick.

This is a precedent-setting development for several reasons:
• The building would be 10 storeys high in a zone where buildings no higher than 5 storeys are permitted (note: a 10 storey building would be precedent-setting even in the City of Hamilton);
• The building could inject up to 375 new residents into an already densely populated area; and
• Most pertinent, the application was inadequate for the Development Applications Board (DAB) to make a complete assessment of the proposal and therefore should not have been the subject of an appeal.

This precedent being set, whereby an incomplete application is given approval by the Minister on appeal, is highly disturbing. Carried to its logical conclusion, applicants will now be able to could submit the barest outline, bypass proper assessment by the DAB, then get approval via an appeal to the Minister thereby completely subverting the policies and procedures set up by Parliament on behalf of the Bermuda public to ensure orderly development.

Besides being incomplete, the Application had, among others, the following flaws:
• no Environmental Impact Statement was done, an essential requirement for large-scale residential developments’
• the proposed building exceeds the maximum height allowed;
• the proposal intends for a mix of residential and industrial uses on the same site, which is not permitted;
• the density of proposed units per acre is 3.4 times greater than the permitted density;
The application was originally submitted as part of the hotel planned for the Southlands property and, as that hotel has been relocated to Morgan’s Point, the application for a dormitory and laundry facilities at the Hunt’s Quarry site in Warwick has questionable validity.

In an unusual twist, at the same time as the applicants were applying to build a residential unit on the site, they were applying to have the zoning of that site changed from residential to industrial. The re-zoning, which has in effect been achieved, renders the building application a “non-conforming” use for the new zoning, according to the Bermuda Plan.

BEST is alarmed that the mechanisms enacted into law by Parliament to regulate development are more frequently being overturned, bypassed or subverted by government Ministers not acting in the public interest as they are mandated to do. Recent examples are the 9-storey Seon House on East Broadway, The proposed Beach Bar at Warwick Long Bay National Park, and the condominium development on land zoned recreational open space at the golf course at the Fairmont Princess Hotel. In each case, the wisdom of the Development Applications Board and the assessments of Independent Inspectors were overturned and ignored.

In this latest case, the Minister has given permission for an application that violates numerous planning standards, imposes an unprecedented social and environmental burden on an already density-stressed residential community, and is so inadequate as to disable the DAB from making or giving its reasoned decision. We must question whether a Cabinet Minister has gone beyond exercising a discretion, as the law permits, to usurping Parliament’s role for the making and/or changing of Bermuda’s laws.

13/10/09

October 17th, 2009 | Category: Uncategorized | Leave a comment

The Royal Gazette: April 16th. Written by Caitlin O’Doherty

Have you ever been to a birthday party with multiple, live music performances, food from various vendors, a giant cake and a raffle? Well if you haven’t, here’s your chance.

On Wednesday April 22nd there will be an Earth Day Birthday celebration at Barr’s Bay Park, on Pitts Bay Road from 4pm to 8pm for everyone, from children to seniors, with no charge for admission.

Earth Day comes around every year, but there has been no celebration in Bermuda for years. BASEC (The Bermuda Association of Eco-Clubs) decided to host the event to encourage people to celebrate the Earth along with the rest of the world, and hold a fun event for all to enjoy.

The Earth Day Birthday Party will include live musical performances by everyone from Mohawk Radio to the Bermuda School of Music, with Gavin Smith from Chewstick being the MC for the event. There will also be food from various vendors, including vegetarian and vegan options. Attendees will be able to visit the various booths hosted by environmentally conscious exhibitors from across the island, who will offer ways Bermudians can get involved in helping keep the Earth, and Bermuda, in good environmental health.

What is a birthday party without gifts? Anyone who attends will be allowed to make a gift to the Earth in the form of an electronic pledge to make easy improvements to their lives to do their part to help the environment. Participants in the event can also buy raffle tickets priced at $1 to be entered to win prizes from Cedar trees to composters, with proceeds going towards the costs of the event.

People are encouraged to join in the celebrations after school or work with friends, family and strangers alike, and enjoy the music, food and exhibitors, rain or shine. For many students with impending exams, this event can provide a fun and relaxing afternoon with friends before having to commence the dreaded studying. For those working, it can give you an excuse to avoid five o’clock traffic, grab a bite to eat, and listen to some free music. The event can be found under ‘Earth Day Birthday’ on Facebook, hosted by the group BASEC.

On Bermuda’s 400th anniversary, what better time is there for everyone in Bermuda to come out and celebrate Earth’s Birthday on April 22nd along with the rest of the island?

April 16th, 2009 | Category: Uncategorized | Leave a comment

The Royal Gazette: April 1, 2009

Government has reaffirmed its commitment to turning Southlands into a national park.

The 37-acre South Shore estate is still zoned as Tourism and Residential One under the Draft Bermuda Plan 2008, but Junior Minister for Tourism and the Environment, Marc Bean, said it was the “stated intention” of Government to create a park there.

Senator Bean made the pledge in written answers to Parliamentary Questions submitted by Senator Michael Fahy, Opposition spokesman on the Environment in the Senate.

On behalf of the Cabinet Office, Sen. Bean said: “The land swap agreement (to exchange 37 acres at Southlands for 80 acres at Morgan’s Point) remains as between Southlands Ltd. and the Government of Bermuda, and is the subject of ongoing discussions between the parties.

“Pursuant to the stated intention of Government, upon completion of the land swap agreement the land known as Southlands will be designated a national park.”

Regarding the costs of the environmental clean-up of Morgan’s Point, Sen. Bean said: “Whilst this falls under the remit of the Ministry of Works and Engineering, the current estimated cost for environmental remediation at Morgan’s Point is being assessed in light of the proposed development of the site and will form the basis of an RFP (Request for Proposal) for the conduct of the work.”

Announcing the land swap between Southlands and Morgan’s Point in April 2008, Premier and Tourism Minister Ewart Brown said it was “most likely” Southlands would become a national park.

Up until now however, Government has declined to comment further on its plans for the 37-acre estate.

Owners Southlands Ltd. were given 80 acres of brownfield land at Morgan’s Point in exchange for the greenfield site, with the former US Naval Air Station to become the new location for the Jumeirah hotel project.

Dr. Brown has said taxpayers will fund the environmental cleanup of the former US base land which is heavily polluted with asbestos, metals, petroleum products and other chemicals.

Any environmental remediation will have to tackle 500,000 gallons of jet fuel lying dormant, while Bassett’s Cave has a layer of viscous oil some two feet deep.

Whoever is awarded the work faces significant challenges. Storage tanks used to store petroleum products such as lubricating oils, diesel, kerosene and jet fuel, have cracked and corroded over time, resulting in leaks.

Morgan’s Point also has concrete sea plane ramps and reinforced buildings with walls several feet thick — some of which contain asbestos.

Opposition MP Grant Gibbons, who served as Management and Technology Minister in the mid-1990s, has said the costs of cleaning up the 260-acre peninsula could reach $25 million. Former Environment Minister El James disagreed the costs would run that high.

In the 2008 Budget, Government included the cleanup of Morgan’s Point in a $125.3 million allocation to capital projects. Work however, has still not started.

Government issued an RFP for ‘client representation services’ in July 2007 for a tender to manage the process. But no contractor has yet been officially announced.

April 1st, 2009 | Category: Uncategorized | Comments (1)

So little in life is free – don’t miss this opportunity to benefit from a FREE workshop designed to help you and your organization create the changes you are working toward.

The Community Empowerment Workshop is a joint initiative by the Bermuda Environmental and Sustainability Taskforce (BEST), the Bermuda Voter’s Rights Association (VRA), Save Open Spaces (SOS) and the Bermuda Education Parent’s Association (BEPA). 
The goal of the workshop is to assist local “grassroots” organisations working on issues related to the environment, social justice, youth and the elderly, to be more effective in their efforts at community organising and in achieving their goals.

Date and Time: The training will be held on Saturday March 21st 2009 from approx. 9am to 4pm, followed by a focused Strategy Session on Sunday March 22nd from approx. 1pm – 4pm (for advanced organising work).

Location: New Hall Auditorium at the Bermuda College.

Cost: The workshop will be free for invitees on a first-come, first-served basis.

Who’s invited: Members of civic organizations, charities, unions, parent/teacher associations, students, advocates for youth and the elderly, religious associations and any member of the Bermuda community who wishes to learn more about how to influence change in public policies.

Workshop content: The skills of organisation and advocacy, including:

Saturday:

• skills for campaign planning, organising protest events/meetings – timing, advertising, legal issues, direct action tactics;

• public relations skills – creative ideas/alternatives for getting out an organisation’s message, dealing with the media, public awareness, pressure and/or work with government leaders;

• ideas/skills for measuring the success of initiatives;

Sunday:

• skills for organizing and managing NGO/activist groups – formal structures, strategic planning, setting/achieving goals, membership, budgeting;

• ideas and skills for attracting and keeping membership, for motivating members of the organisation and keeping their enthusiasm alive;

• strategies for Bermuda NGOs to work together

These workshops will be conducted by a team of local and overseas trainers. We invite your organisation to send up to three participants. There are limited spaces so please respond by Wednesday March 18th 2009 using the attached registration form.

Please email register@best.org.bm for a registration form.

March 17th, 2009 | Category: Uncategorized | Leave a comment

“What is the point of laws and regulations and the expert counsel of planners, conservation specialists, custodians of parklands and even an Independent Inspector, if a Minister can ignore it all, and in the process endorse the trashing of the very environment he is pledged to protect?” – Stuart Hayward,

March 7th, 2009 | Category: Uncategorized | Leave a comment

Petition Results:
Residents Visitors Total
Online 2602 470 3072
Paper 1965 96 2061
Total 4567 566 5133

There were six additional signatures from children ages 9 – 11 years.

January 27th, 2009 | Category: Uncategorized | Leave a comment

January 27: The Royal Gazette

By Amanda Dale

Environmentalists are taking their fight to preserve a beach from development to the Supreme Court, launching an appeal against Environment Minister Glenn Blakeney.

“Irrational”, “illogical”, “illegal” and “biased” are just some of the allegations directed at his decision to uphold applicant Belcario Thomas’s planning appeal for the ‘SandBar’ at Warwick Long Bay.

The words are used in a legal notice published in The Royal Gazette yesterday, between appellant The Bermuda Environmental Sustainability Taskforce (BEST) and respondent The Minister of Environment and Sports.

It states the Supreme Court appeal is ‘In the matter of section 61 of the Development and Planning Act 1974 and in the matter of the decision of the Minister of Environment and Sports dated 25 November, 2008′.

“NOTICE is given that the Bermuda Environmental Sustainability Taskforce (’BEST’) has appealed the decision of the Minister of Environment and Sports…,” the advertisement states.

The grounds of the appeal include claims that “the ministerial decision is illegal” and “is supported by no, or no adequate and sufficient evidence or enquiry”.

It alleges Mr. Blakeney’s decision is “inconsistent” with section 22 of the Liquor Licence Act 1974 and section 4 of the Bermuda National Parks Act 1986.

“The Minister paid no regard, or paid manifestly inadequate regard to relevant and material considerations as required by section 57 (7) of the Development and Planning Act 1974 and the general law, including, in particular the 1992 Planning Statement, the advice of the Planning Inspector dated 12 November 2008, the comments of the National Parks Commission dated 19 March 2008, and the comments of the objectors,” it states.

The notice also describes Mr. Blakeney’s decision as “irrational”, supported by “no adequate and sufficient reasoning”, and describes it is “illogical or arbitrary”.

“The Ministerial Decision is in breach of the principles of fairness,” it adds. “In all the circumstances there is an appearance of bias, in particular arising from prior support given by the Ministry of Environment and Sports for the application which was the subject of the DAB Decision and subsequently the Ministerial Decision”.

Stuart Hayward, BEST chairman, said: “This is the first appeal we’ve gone to court with. Once we have a result from the court we will make a public statement on this matter. In the meantime we will let proceedings go their way quietly.”

He said an online petition against the beach bar has attracted more than 3,100 respondents, while a paper petition has another 1,000 signatures.

Residents and environmental campaigners say they are prepared to stage “on-site protests” against the 60-seat restaurant and cocktail bar, to be situated to the west of the Warwick Long Bay car park. They say they will also fight any application for a liquor licence.

Among their concerns are noise, litter and potential parking overflow, while others have called the project an environmental “travesty”.

There were 107 letters of objection to the planning application, and more than 80 residents went on to protest Mr. Thomas’s appeal.

The Development Applications Board refused planning permission as Warwick Long Bay is zoned as Open Space and a National Park Conservation Area. The DAB said the ‘SandBar’ was contrary to the Bermuda National Parks Act 1986 and the Bermuda Plan 1992 Planning Statement.

Mr. Blakeney however, upheld Mr. Thomas’s appeal. He said it was granted in the spirit of sustainable development, in terms of balancing tourism, the environment and the economy.

He did not wish to comment on the BEST appeal yesterday. A Government spokesman on behalf of the Minister said: “As this matter is before the courts it would be inappropriate to comment at this time.”

Mr. Thomas — the events’ organiser behind Unite, has said he will follow Government conservation and environmental advice to make the beach bar “as environmentally-friendly as possible”. It will have split-level wooden decking, with removable panels in the event of a hurricane or at the end of the summer season.

Earlier this month Mr. Thomas was appointed to Government’s Tourism Board. He did not return The Royal Gazette’s request for comment last night on his appointment or the BEST appeal.

A Government spokeswoman said: “The appointment of Mr. Thomas is not considered a conflict of interest as the Tourism Board is made up of private sector stakeholders, including hoteliers, restauranteurs, taxi drivers, excursion providers and others.

“The role of the Tourism Board is to act as an advisory body to the Minister of Tourism. Mr. Thomas’s role on the Tourism Board will have no effect on decisions made within the Department of Planning, and his presence on the Board cannot be used to influence any ongoing application reviews relating to his business.”

January 27th, 2009 | Category: Uncategorized | Leave a comment

Petition Launch

Petition launched against Warwick beach bar

->>>>[to sign the online petition, click here]<<<<-

January 8: The Royal Gazette

By Amanda Dale

Protesters have officially launched a petition against a beach bar at Warwick Long Bay, with organisers claiming it has more than 1,000 signatures already.

Residents and environmentalists today turned out in force at the site of the proposed bar, bearing placards which read: ‘Don’t Exploit Park Land’ and ‘Listen to the people’.

Stuart Hayward, chairman of the Bermuda Environmental and Sustainability Taskforce (BEST), said since organising the petition yesterday, more than 1,000 people have already signed up.

He said that by upholding applicant Belcario Thomas’ appeal for the ‘Sandbar’, Environment Minister Glenn Blakeney was destroying “the goose that lays the golden egg” – the Island’s natural beauty which attracts tourists in the first place.

Mr. Blakeney has said he approved the appeal in the spirit of sustainable development, in terms of balancing tourism, the environment and the economy.

However, Mr. Hayward today said: “We sustain Bermuda’s tourism potential when we preserve some areas in their pristine state. We sustain Bermuda’s integrity when we save our policymakers from doing something we’d all regret. We sustain orderliness in society when we push for law-abiding practices from our citizens and leaders alike.”

Protesters are to meet Mark Pettingill, MP for Warwick West, to discuss the issue tonight at St. Mary’s Church at 8 p.m..

The BEST petition can be found at: www.best.org.bm.

January 8th, 2009 | Category: Uncategorized | Leave a comment