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Planning permission and listed buildings

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'Waterville' in Paget - a Grade 1 listed building

Bermuda’s unique style is best represented by its architecture, according to Frommers, the travel guide.

“The architecture of the island — a mélange of idiosyncratic building techniques dictated by climate and the types of building materials available — is the archipelago’s only truly indigenous art form,” its volume on Bermuda states.

Erica Smith, the assistant director of planning, agrees. In an article she wrote for the Bermuda National Trust, called ‘Protecting Bermuda’s Built Heritage’, she said: “Bermuda’s architecture is often referred to as the Island’s only indigenous art form. Having evolved over hundreds of years, the architecture’s style and history can only be compared to architectural icons around the world such as the Opera House in Sydney, the Empire State Building in New York, Big Ben in London and the Taj Mahal in India.”

To protect Bermuda’s indigenous architecture, listing legislation has been in effect since 1974, but until the 1990s, it was rarely used.

A ‘listed building’ is a building or structure which is considered to be of ‘special architectural or historic interest’. Planning permission is required for the demolition or the making of any material alteration to the external appearance of a listed building.

The issue of Bermuda’s architectural heritage confronts planners on a regular basis — just this month the Development Applications Board approved a pedestrian bridge over former railway pylons in a Bailey’s Bay historic protection area.

Ms Smith described the history of the process in her article for the National Trust. “In an effort to actively protect the Island’s built heritage, the Minister of the Environment decided in 1991 to begin to compile a list of buildings of special architectural or historical interest that would identify and protect the best examples. The purpose of the list was to place a ‘mark’ against important buildings to ensure that their special architectural or historical interest would be taken fully into account in decisions affecting their future.”

She continued: “By 2002, after years of extensive surveys, research, consultation and negotiation, the Minister decided to list nearly 800 buildings spanning the length of the Island. These wonderful buildings, standing testaments to the Island’s varied and colourful past, ranged in size, style, age and condition, (range) from very small vernacular wooden and stone cottages to larger, more refined, Georgian and Victorian mansions in the Bermudian context.”

The listed buildings are spread right across Bermuda’s 21 square miles, and are allocated into four categories. Grade 1; Grade 2; Grade 3 and Grade HM (historic monuments). As recently as November, eight buildings and monuments in Hamilton were added to the list of architecturally and historically significant buildings, including The Sessions House, Cabinet Office, Magistrates’ Court, the Old Town Hall, City Hall, Perot’s Post Office, Par-la-Ville, and the Victoria Bandstand.

For owners or prospective owners, a listed house offers a unique set of challenges and advantages.

“A ‘listed building’ is a building or structure which is considered to be of ‘special architectural or historic interest’. Planning permission is required for the demolition or the making of any material alteration to the external appearance of a listed building,” said Ms Smith, who explained what it means to owners who wish to renovate, add or rebuild. “Grade 1 buildings, such as ‘Waterville’, The Lane, Paget have survived in essentially their original condition and are of such exceptional interest and architectural or historical value that they should largely be preserved in their present form. Minor alterations or additions should normally be carried out in the same materials and in the same structural and decorative style as the original.

“Grade 2 buildings include examples like ‘Denbigh’, Paget and are buildings that have survived in such condition and are of such special interest and architectural or historical value that alterations and additions should be limited to works that do not impinge on those parts of the building to be protected and preserved. Such works should normally be carried out in the structural and decorative style of the existing buildings.

“Grade 3 buildings, like ‘Wistowe’, Hamilton Parish serve Bermuda as important visual amenities and are of such architectural or historical value that alterations or additions should normally be carried out in sympathy with the structural and decorative style dominant in the existing structure.”

Some owners fear that listing will devalue their property, as it impacts its development potential.

Ms Smith said: “Since the listing initiative started in 1991, property values in Bermuda, including historic properties, have risen considerably. There has been no conclusive data to suggest that listing has affected property values negatively. In fact, based on research done on overseas jurisdictions such as the UK, Canada and the US, listing has caused property values to rise and over time these properties have become more coveted. There has been no data to suggest that this is not also the case in Bermuda.”

She added: “Many owners of these wonderful buildings have communicated that there should be some incentive or compensation for owning a listed building as the cost for maintaining and preserving these structures can outweigh the cost of using modern construction techniques.”

The Government responded by introducing the Interest-Free Loan Scheme for owners of listed buildings. “In order to offer further support and assistance, the Department of Planning does not currently charge the owners of Listed Buildings any planning or building fees when applications are made for development to these buildings. For some applications, the savings to owners has been significant.”

The bandstand in Victoria Park in an old photograph. It has just been listed as a historical monument
Sessions House, which has just been listed