West wins appeal fight with DAB
conditional permission to build a four-storey building on Spurlings Hill.
Planning minister Irving Pearman overturned on appeal a decision by the Development Applications Board (DAB) to reject Mr. West's plans to demolish Cardaire House, and build an office block on the site.
The ground level will contain a parking area, above which will be three floors of office space. The roof area will contain a penthouse.
The DAB had refused planning permission on the grounds that Mr. West wanted a building that was one-storey higher than allowed under planning guidelines, and was not "compatible with the Bermuda image or the amenities of the area.'' It also turned down the plan because Ministry of Works, Engineering, Parks and Housing officials were concerned that more road accidents could occur from cars turning into the ground level parking area of the building. Officials submitted figures showing that the area was the site of the most road accidents on the island.
In granting conditional approval Mr. Pearman stated he could not fault the DAB's decision in considering the height of the building, but he rejected that argument on the grounds that only one storey is visible from Cavendish Road, which is higher than Spurlings Hill.
West wins appeal Mr. West had also argued in a letter that the DAB had granted approval for a similar building on Lane Hill and should have used its discretion when it considered his building.
Mr. Pearman agreed. "I do not consider the height proposed to be incompatible with the scale of building to be expected on the outskirts of the city,'' he stated in his July 3 decision.
He also rejected the DAB's decision regarding the Bermuda image. He said planning guidelines should be interpreted according to where a building was located. Somerset Village, Flatts, and St. George's "were dominated by two-storey residential-scale buildings with strong traditional elements'' while Hamilton was a more urban area.
"In this case redevelopment of an urban scale is to be expected,'' he said.
He stated the DAB was correct in its concerns about potential traffic problems. But he granted conditional approval, stipulating Mr. West should amend his plans to road officials' standards.
Mr. West said he was amending the plan to ensure that vehicles could only turn into the parking area from one direction without crossing the centre line of the road.
The proposed building will add 15,000 sq. ft. of office space in Hamilton when it's built. Mr. West said he was looking for prospective tenants so he could get financing for the building.
HEIGHT OF CONTROVERSY -- This is the plan for Stephen West's office block on Spurlings Hill. The DAB had considered the proposed building too high.
PLANNING PLN