Public Access to Information

Access to Information Statement

Department of Planning

January 2026

Department of Planning

The Cabinet Office & Digital Innovation

Physical Address

Seven Arches, 44 West Church Street (3rd Floor), Hamilton HM 12

Mailing Address

Seven Arches, 44 West Church Street (3rd Floor), Hamilton HM 12

Telephone

(441) 295 5151

Website

www.planning.gov.bm

1.0 Introduction

1.1 Description of general purpose of Public Access to Information Act 2010

The Public Access to Information Act became law on the 10 August 2010. It is intended to foster a culture of openness in government. The Act establishes a right of access to all types of "recorded" information held by public authorities and imposes obligations on public authorities to disclose information, subject to a range of exemptions. The Act was brought into full force on 1 April 2015.

The purpose of this Act is:

  • To give the public the right to obtain access to information held by public authorities to the greatest extent possible to negate the need for written requests, subject to exceptions that are in the public interest or for the protection of the rights of others;
  • To encourage authorities to proactively publish information and to develop a culture of openness;
  • To increase transparency, and eliminate unnecessary secrecy, with regard to information held by public authorities;
  • To increase the accountability of public authorities;
  • To inform the public about the activities of public authorities, including the manner in which they make decisions; and
  • To have more information placed in the public domain as a matter of routine.

As legislatively required to do under the Public Access to Information Act 2010, we will:

  1. Acknowledge receipt of a request within five (5) working days after receipt of the request and inform the requester of the process for dealing with the request and of the requester’s rights under the Act;
  2. No later than 6 weeks after receipt of the request, decide whether to grant or refuse the request in whole or in part;
  3. Notify the requester of any extensions if responding within the original 6 week period is not reasonably practicable.

Every person who is Bermudian, or resident of Bermuda, has a right to access any record held by a public authority unless it is exempt. Several classes of information are exempt, including:

  • Personal Information, unless it relates to the requestor;
  • Sensitive commercial information received in confidence;
  • Operation and deliberations of Public Authorities;
  • Cabinet, Ministerial and Government documents and Legal documents.

However, these exemptions are subject to the public interest test, except those that would be in contempt of Court, infringe Parliamentary privilege or are prohibited by other legislation (see sections 21 to 40, PATI Act). In addition, every person has a right to amend their personal information if it is incomplete, incorrect or misleading (S19, PATI Act).

2.0 Legislations, Appointed Boards and Department Organizational Structure

2.1 Legislation and Legal Orders or Agreements Governed by the Department of Planning
  • Development and Planning Act 1974
  • Development and Planning (Amendment) Act 1997
  • Development and Planning (Application Procedures) Rules 1997
  • Development and Planning (Appeals to the Minister) Rules 1974
  • Development and Planning (Tribunal Procedure) Rules 1992
  • Development and Planning (General Development Order) 1999
  • Development and Planning (Use Classes) Order 2022
  • Development and Planning General Development Order 1999
  • Development and Planning (General Development) Amendment Order 2012
  • Development and Planning (General Development) Amendments Order 2015
  • Development and Planning (Wells and Boreholes) Order 1976
  • Development and Planning (Base Lands) Act 1996
  • Development and Planning (Tree Preservation Order) Regulations 1975
  • Development of Land (Airport Approaches) Act 1956
  • Advertisement Regulations Act 1911
  • Building Authority Act 1962
  • Building Act 1988
  • Building Amendment Act 1998
  • Building Code Regulations 1991
  • Building Code (Supplementary Provisions) Regulations 1976
  • Building Authority (Elevators and Lifts) Regulations 1962
  • Liquified Petroleum Gases (Handling, Storage, Supply and Transport) Regulations 1988
  • Building Authority (Fire Precautions) Regulations 1962
  • Building Authority (Petroleum) Regulations 1962
  • Building Authority (Public Buildings) Regulations 1962
  • Town of St George (Protection of Buildings of Special Interest) 1950
  • Hamilton Building Ordinance 1954
  • Pembroke Marsh Canal Act 1969
  • Pembroke Marsh Canal Regulations 1971
  • Govt Fees Amendment Regulations 2014
  • Zoning Orders
  • Special Development Orders
  • Special Acts
  • Section 34 Agreements
  • Tree Preservation Orders
2.2.1 Development Applications Board (DAB)

The body is appointed by the Minister (Part II Administration, Paragraph 3 of the Development and Planning Act 1974 refers) and consists of lay members whose functions, under the Development and Planning Act, are responsible for making decisions on development and subdivision applications and preparing the Scheme of Delegation.

The Board consists of 12 members including:

Board Members Have Not Yet Been Appointed as of January 23, 2026

2.2.2 Advisory Architectural Panel (AAP)

The body of professional architects/draftsmen is appointed by the Minister (Part II Administration, Paragraph 4 of the Development and Planning Act 1974 refers) and provides recommendations to the DAB as requested on matters of design.

The Board consists of 4 members including:

Board Members Have Not Yet Been Appointed as of January 23, 2026

2.2.3 Historic Buildings Advisory Committee (HBAC)

The body is composed of persons with a historic interest to advise the DAB on matters involving developments affecting Listed Building Sites, and Historic Protection Areas.

The Board consists of 6 members including:

  • Chairman - Ms. Akilah Swan
  • Deputy Chairman - Ms. Zoe Brady
  • Ms. Sylvia M. Shorto Ms.
  • Ms. Valerie Francis
  • Mr. Chris Davies
  • Mr. Patrick Canton
2.2.4 Building Appeal Tribunal

The body, appointed by the Minister (Part XIII of the Building Act 1988 refers) and consisting of four to six lay members, is responsible for exercising and performing actions assigned to it under the Building Act, primarily but not limited to determinations on appeals against decisions made by the Building Official.

The Tribunal consists of 5 members including:

  • Chairman – Mr. Ellsworth Wainwright
  • Mr. Evan Faulkenberry
  • Mr. Geoffrey Parker Jr.
  • Mr. Kelly Harris
  • Ex-Officio - representative from the Bermuda Fire & Rescue Service

Please see organization chart appended at the end of Information Statement.

3.0 Functions, Powers, Duties and Obligations

3.1 Mission Statement

Ensure the sustainable management of the natural and built environment.

3.2 About Us

3.2.1 General

Under the direction of the Director of Planning, the Department is comprised of 33 full time staff positions with 9 vacancies, 1 of which are unfunded, assigned to seven (7) business units (sections):

  1. General Administration
  2. Front Desk Operation
  3. Forward Planning
  4. Development Management
  5. Building Permits
  6. Inspections
  7. Enforcement

The combined functions, powers and duties of these sections are as follows:

The main responsibilities of the Department of Planning are defined in the Development and Planning Act 1974 and the Building Act 1988 and include:

  • Preparation of development and local plans;
  • Management of development and protection of the environment;
  • Monitoring and enforcement of development regulations;
  • Management of building activity through a building permit system; and
  • Enforcement of the relevant building codes.

The Department’s key objectives are to:

  • Balancing the need for development with protecting the natural and historic environment.
  • Manage the development of land to ensure its efficient use.
  • Ensure policies and processes are streamlined, transparent and consistently implemented.
  • Ensure developments are constructed in compliance with required standards to ensure the health, safety and welfare of communities.
  • Engage with, educate and be responsive to the needs of the public.
3.2.2 Forward Planning Section

The Forward Planning Section prepares the policies, regulations and guidelines used in managing the on-going development of the Island. This includes the preparation of development and local plans.

Forward Planning also monitors development trends, provides advice on major development applications, prepares land use surveys, provides advice on the conservation of historic buildings, maintains and develops a Geographic Information System (GIS) and IT systems for the Department and the preparation of supplementary planning guidance.

3.2.3 Development Management Section

Development Management is responsible for the review of planning and subdivision applications to ensure compliance with the Development and Planning Act 1974, the Bermuda Plan and local plans. All applications are advertised in the Official Gazette. The public are given a two week period from the date of the advertisement within which to submit comments on any application.

After consultation with relevant agencies and assessment of an application, the application is presented to the Director via Delegated Authority or to the Development Application Board for a decision. Other job tasks of this section include providing feedback on pre consultation applications, reviewing Permitted Development Permits, renewals, planning and permit revisions as well as preparing director’s cases for appeals.

3.2.4 Front Desk Section

The section is the Planning Department’s front office and is the first point of contact with members of the public. The section vets all submitted applications to ensure compliance with submission requirements, prepare advertisements, manage archives requests and manages the front end and tail end of administration functions associated with the planning and building application processes. They also input application data in the Department’s information management system (ENERGOV).

3.2.5 Building Control Section

Building Control consults with other government agencies, reviews building permit applications, building permit revisions and Permitted Development Permits (PDPs) for compliance with Building Codes and may require professional engineer certification of structures before issuance of building permits.

Building Control building, electrical and elevator inspectors visit the construction sites at different stages of the construction process to inspect work and determine if work is in accordance with the planning approval and relevant conditions, the building permit details and compliant with the building codes and regulations.

It is the responsibility of the property owner to ensure inspections are requested and the owner may be required to obtain a professional engineer certification of works which have not been inspected. Requests for Certificates of Completion and Occupancy, whether partial or final, must be made in writing.

3.2.6 Enforcement Section

The Enforcement Section investigates development that has been carried out illegally or not in accordance with the planning or building approval. The Enforcement Section investigates such activity and makes recommendations on works required to be undertaken to bring the development into conformance and/or may proceed with enforcement action. The types of complaints received range from the establishment of illegal dwelling units to the erection of animal enclosures.

Other complaints include the unauthorized construction of buildings, establishment of business, excavation and failure to comply with conditions of a planning permission and other acts which contravene the Development and Planning Act 1974 and Building Act 1988 as amended. They also process planning searches associated with the sale of property.