A Guide to Publicity and Commenting on Planning Applications

Section 13 of the Development and Planning (Application Procedure) Rules 1997 allows the Development Applications Board (the “Board”), with the approval of the Minister, to establish guidelines as to which applications for planning permission will require public notification.

Under these provisions, the Board has determined that planning applications for development (DAP1 applications) and planning applications for the subdivision of land (DAP2 applications) will be required to be publicised by notice published in the Official Gazette and by display of a site notice. This applies to all such applications unless the Board specifically agrees to waive such advertisement requirements for an individual case or circumstance. These advertisement provisions do not apply to applications for revisions or renewals of planning permission, which do not require any public notification.

Upon submission of an application, applicants are required to demonstrate that a notice, or notices, have been properly displayed in an appropriate location on or adjacent to the site by including photographs of the displayed notice(s) with the submission. The site notice must meet the following criteria:

• Include the name of the applicant, application number, location of the proposed development, a suitable description of the proposal and the current zoning of the land.
• Be coloured red with black lettering at a size no less than 11” x 17”.
• Be printed on firm/heavy paper that is laminated or otherwise made suitablywaterproof/water resistant.
• Be placed on the property as soon as possible and remain on the property until the end of the appeal period (21 days from the date of the Board’s decision).
• Be placed in a location that is visible to the general public.
• Be placed on a stake inserted in the ground, in a window or on the building face; for major development proposal or proposals which affect corner lots or lots with more than one street frontage, multiple signs may be required.

After evidence of the display of an appropriate site notice, or notices, has been provided and a complete application has been received, advertisements are published in the online Official Gazette. Such advertisements may be published on any working day and any objections or representations should be submitted to the Department of Planning within 14 days of the publication date (including non-working days, unless the 14th day is a public holiday). Any objection must adhere to the criteria set out by Section 18 of the Development and Planning (Application Procedure) Rules 1997, namely:

1. (a)  identify the application to which the objection relates and the application’s reference number;
2. (b)  contain the name of the person making the objection and an address in Bermuda at which notices may be served upon him;
3. (c)  where the objection is signed by more than one person, specify one address in Bermuda at which notice may be served upon those making the objection;
4. (d)  state whether the person signing the objection has an interest in land in the vicinity of the land to which the application relates and, if so, the nature of that interest and the location of that land;
5. (e)  state the grounds upon which the objection is made; and
6. (f)  be signed by the person or persons making the objection.

It is preferred that objections and representations be submitted electronically, which can be done via email to planningfrontdesk@gov.bm. For the avoidance of doubt, objections submitted electronically which include either a digital signature or the name of the objector(s) will be taken as satisfying point (f) above.