BERMUDA Law and Practice Contributed by: E Scott Swainson, Katrina Dickson and Erik Gotfredsen, Wakefield Quin Limited
Timing Appeals may take up to one year. This is espe - cially true of an appeal of a retroactive refusal. Refusal of Appeal The appellant may challenge the Minister’s deci - sion by seeking judicial review on the grounds that it is irrational. The courts may then quash and substitute their own decision or refer the matter back to the Minister for determination. 4.6 Agreements With Local or Governmental Authorities Negotiation The planners will advise how they might support the application in their report to the DAB. This may involve requesting changes, such as suit - able height restrictions, setbacks, etc. Zoning Changes Technically, land can only be rezoned during the periodic island-wide rezoning (when new maps are issued), and appeal rights via a tribunal apply. It may be possible to offer “zoning swap” in advance of this so that protected land (eg, woodland) is released and traded for develop - ment land that is better suited to conservation (some betterment is needed – eg, a trade ratio of 1 Ac:1.4 or 1.6 Ac is not uncommon). Discretion The planners and DENR may support limited development on conservation land if the appli - cant dedicates other land to remain as protected land indefinitely, via a Section 34 agreement. 4.7 Enforcement of Restrictions on Development and Designated Use Reporting Any member of the public may report a breach anonymously, or breaches may be flagged on inspection. The Enforcement Officer will then
tisements and tend to object to development on conservation land. In addition, private individuals may lodge an objection within a 21-day period. Objections give the objector standing – the right to know the decision and, if aggrieved, the right to appeal. Supportable Objections Most objections are lodged on emotive grounds and are insupportable (eg, there is no right to a view, absent a restrictive covenant or easement). Only planning objections made on true planning grounds are supported. Process If the planner cannot support the application, they will give the applicant the option to with - draw or amend, or will take the application to the DAB with the planner’s recommendation to refuse. The DAB is unlikely to ignore the recom - mendation but the applicant may feel they have better prospects on appeal. Delay If an application is not determined within six months, it may be appealed as a deemed refusal. 4.5 Right of Appeal Against an Authority’s Decision Time Limit to Appeal The applicant may appeal a refusal or unsatis - factory condition within 21 days. Determination The appeal is lodged with the Minister for the Environment, with detailed grounds in support. The applicant can ask the Minister to personally determine the appeal or that it awaits determina - tion by the independent planning inspector (who visits frequently from the UK). The Minister may support or overrule the inspector, but the latter is relatively rare.
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