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Environment Minister addresses Planning and Subdivision Bill
By: Kathryn Campbell
Bahamas Information Services
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He was addressing the Planning and Subdivision Bill, 2010 that was previously debated in Parliament in 2009. As a result of comments from attorneys and real estate representatives, the Government removed the Bill and substituted it with the present one.
“Individuals develop land, the Government develops land and many developers acquire land to develop. All of those processes are designed to achieve one end – to get the homeowner in a house on a piece of land. The obligation of the Government is to ensure the adequacy of services and to ensure the public good,” said Mr Deveaux.
He explained that the law requires for roads, light, water, telephone and other services to be provided when a would-be homeowner acquires a piece of land in a subdivision to build a house or when he or she acquires a house in a subdivision.
“What we seek to do with this Bill is to have a clear process whereby that homeowner’s interest is protected and a sufficiently clear process whereby the developer’s interest in earning a profit and accommodating a legitimate end is clear and transparent.
“Wetlands, sensitive lands, buildings of great public interest, areas of huge national interest - we want to assure that in approving development - we have regard for these things and in doing so we could order the development of our land,” he said.
A desire of the Bill, said Mr Deveaux, is to plan for a place in development for children to play, for bicyclists and pedestrians to be.
Furthermore, he said the Bill seeks to provide minimum standards for development. “We have had a number of questions raised with respect to what is the minimum size for a sub-division. Our position is that if you have children, you own a plot of land and you want to leave your land to your children, the law provides for that to happen.”
Mr Deveaux explained that the Bill defines a sub-division as more than five lots. “If you have a desire to subdivide a plot of land to sell it to a third party, then you are required in the law to provide for roads, electricity, to dedicate a public space and to provide for lights and water. If you just propose a house and the land has previously been zoned for residential purposes then you can go to the Building Control Unit make an application and build your house.
“If you are called a developer and you are doing something for a sub-division the Bill prescribes minimum things that you should do in order to get approval. If you want to change or alter a building in a material way and the Bill defines material; then you are required to get permission and if you do not get permission, the Bill prescribes certain punishments. Fines, demolition and/or restoration - and they are very clear. This new Bill is intended to crystallize how the committee goes about its work.
“The Bill specifies when a public meeting is required and when a public hearing is required. The Bill gives the director of Physical Planning authority to approve building permits in existing subdivisions,” Mr Deveaux said.
He expressed concern regarding the response of the public, professional organizations and interested parties when invited to comment on the Bill.
“What concerns me is that in leading up to this Bill, we invited members of the public to comment. When the Bill was tabled in Parliament we gave several months notice before we debated it. When the Bill reached this stage was then when we received extensive comments. It is difficult to govern and accommodate requests under those circumstances.”
He implored the public to comment when given the opportunity to. “Take the time to read and do not seek to hold the Government hostage because you do not wish a particular process to unwind. It becomes difficult not to reach the conclusion that the concerns are not legitimate and they are intended only to be disruptive and to delay.”
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