Planners have given the go-ahead to a retroactive application to build the new cruise ship pier at Dockyard and slammed Government for its "blatant disregard" of the Planning process

The Development Applications Board (DAB) also expressed disappointment that crucial information requested on the environmental impact the project was likely to have on its surroundings, was not submitted.

As a result, the Board stated, its members were forced to "make a judgement on the likely environmental impact of the project without the benefit of objective scientific data".

The decision, which covered phase two of the construction of the new Dockyard cruise ship pier and terminal building, was delivered on March 25.

The retroactive approval paves the way for land reclamation enabling a 58,735 square foot ground transportation area, the construction of a seawall and excursion dock and the paving and the landscaping of the ground transportation area. It also allows an existing bridge to be widened and the installation of new security gates as well as construction of the terminal building and a seasonal ferry area.

Planning permission was given in principle for the entire $35 million project at the end of 2007, but only phase one of the scheme construction of the pier – received final approval.

Government laid out its rationale for moving ahead without planning permission in a statement issued earlier this year on behalf of the Ministry of Tourism and Transport.

According to that release Government applied for a Special Development Order (SDO) for phase two last April, under the advisement of the DAB.

However the project was stalled in December after Opposition MPs in the House of Assembly persuaded Government to suspend plans to push through a request to reclaim the 8.2 acres of land needed for the cruise ship dock.

And the idea of pursuing the SDO was abandoned after it became clear one could not be granted in time to have the site ready for the start of the cruise ship season on April 29.

Delays would result in a $16 million loss to the economy, the Ministry of Tourism and Transport stated.

On January 6, tourism bosses submitted an application for retrospective planning approval for work already begun at Dockyard, including land reclamation from the sea.

Some Government department heads and the Bermuda National Trust regarded the decision to move ahead without planning approval with disapproval.

"We are disappointed that permission for this project has been sought by means of a number of planning applications in a fragmented manner," said Dorcas Roberts, director of Preservation. "Our concern remains that this project will be complete before the impact of the development as a whole has been established or fully understood, negating the best practice process of undertaking impact assessments.

"We are extremely disappointed that a development of this magnitude has practically reached completion before the impact of the development has been given full consideration."

According to the DAB, the application for phase two of the project was received January 6 and revised February 20 with additional information provided March 24. Last week the DAB resolved to approve the application subject to a number of conditions including that:

¦ a separate application is made – and approval given – for a retroactive building permit

¦ the entire site is to be landscaped in accordance with an approved plan before a Certificate of Use and Occupancy Permit is issued

¦ an application for retroactive water rights must be filed and approved by the Environmental Authority

¦ a baffle system placed to protect dolphins at Dolphin Quest from the sounds of construction is removed within three months of a Certificate of Use and Occupancy Permit

¦ interim monitoring programmes for air and water quality and marine ecology "must be prepared in accordance with the requirements and specifications of the director of the Department of Environmental protection"

¦ a long-term monitoring programme must be approved two months prior to the completion of the interim monitoring programme

The DAB concluded: "Under these circumstances, it is clear that interim monitoring programme (required) will be a crucial component of the (environmental impact statement). The board's support is largely based on the fact that such a document is to be filed, reviewed and approved by the board."