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Mark Bean defends upholding orphanage planning appeal

A possible orphanage remains on the cards for a wooded area of Spice Hill Road, Warwick.Speaking last week, Environment Minister Marc Bean stood by his decision upholding an unnamed party’s appeal after Planning turned the project down.The 2010 scheme for a shelter got turned down a year later by the Development Applications Board.Asked to elaborate on why he’d approved the appeal, Mr Bean referred this newspaper to his November 20 letter to Planning explaining his reasoning.The area proposed, zoned as rural, is sought for development by an entity known only as Spice Hill Farm.Current architect David Benevides said his client preferred to remain out of the public eye.Mr Bean’s letter said he considered the proposal for a three-storey group housing facility would be in the national interest, even though plans don’t currently define whether it will be “seniors’ housing, an orphanage or a children’s home”.Mr Bean wrote: “The Minister considers that the proposal would provide an important addition to the Island’s provision of social care services, whilst still maintaining, and in respect of the Conservation Management Plan, improving the environmental character of the site.”He has approved the use and the building height — but other details remain subject to the DAB on submission of its final application.Spice Hill Farm also sought retroactive approval for storage sheds already built on the site.Noting that the storage buildings are “screened from public view”, the Minister added that he did not condone work being undertaken ahead of either planning permission or a building permit — but said that the Development and Planning Act, 1974 provided for such applications.Bermuda Environmental Sustainability Task Force (BEST) head Stuart Hayward insisted that Mr Bean’s approval of the appeal “overrode the counsel” of the DAB and independent inspectors.He has called for a judicial review, adding: “To the best of my knowledge, if we are not successful with the Supreme Court, we could seek to have the Court of Appeal and ultimately the Privy Council address the case.”Mr Hayward called the original application “incomplete and flawed” and said it shouldn’t have been put before the DAB until it was “complete and correct”.“Had this been done, there would have been no DAB decision for the Minister to consider, much less overturn,” he added.According to BEST, the proposal exceeds limits for a rural-zoned site, and its “non-specific description of the use” had kept residents in the dark over what might potentially appear on the area of land, which is slightly larger than three acres and lies north of the junction with Spice Hill Close.The proposal drew fire from the Coalition for Protection of Children’s Sheelagh Cooper, who said the idea of an orphanage being built had appalled her.Ms Cooper said: “An orphanage is a residential institution to house children whose parents are deceased or otherwise unwilling or unable to care for them.“It is unthinkable to suggest that Bermuda — a sophisticated, wealthy, democratic country with a substantial child welfare infrastructure — would even contemplate, much less condone, the use of such a facility.“To suggest that the building or operation of such a facility would be in the public interest as indicated by Minister Bean, belies belief.“Children, either through death of parents of the inability of parents to care for them, deserve to be raised and nurtured in a home with a family — either with relatives, or through foster care or adoption.“The building or operation of such a facility would be a retrogressive step and has no place in an advanced society.”