The Minister of Home Affairs has given the go-ahead for an eatery to be set up in Flatts — overturning a ruling by the Development Applications Board and dismissing subsequent recommendations from a Department of Planning inspector.

Walter Roban defended his decision to grant permission for a food truck and outdoor-dining facility to be set up on Lazy Corner at the heart of the village, claiming that the economic potential of the project carried more weight than environmental concerns.

The minister’s controversial decision was delivered against advice from planning professionals, who condemned the project as dangerous to residents and environmentally insensitive.

According to planning documents, the food truck was planted on Lazy Corner in January 2022 by Michael Lightbourne, who owns the site and the neighbouring Brightside Apartments guesthouse complex.

Mr Lightbourne also “beautified” the location by adding more paving and seating for potential guests — but did so before seeking planning permission.

A retroactive request for planning permission by him was turned down by the DAB in March 2023 on the grounds that the project “was not considered sensitive to the physical and environmental characteristics of the area”.

The board also expressed concern at potential traffic and parking issues on the busy road, and condemned Mr Lightbourne for moving ahead with his project before getting permission from the authorities.

Mr Lightbourne appealed that ruling, but a subsequent review of the case by a planning inspector was even more damning against the developer.

In her nine-page report, sent to Mr Roban on May 5 last year, Sandra Penfold noted that the project had received objections from a number of area residents and businesses.

Ms Penfold said: “The objections focus around the potential overdevelopment of this environmentally sensitive area and the impact this would have on the attractiveness of Flatts Village.

“Not only is the site a very prominent one located on a very busy and dangerous intersection, but development of the site is likely to result in increased pressure on very limited parking and has the potential to lead to dangerous conditions for pedestrians and motorists.”

In her conclusion, Ms Penfold recommended that the appeal be dismissed, citing environmental concerns — the site borders the waters of the picturesque Flatts inlet beauty spot — along with traffic issues.

The planning inspector also agreed with the DAB that Mr Lightbourne “has failed to demonstrate to the satisfaction of the board that he was not responsible for the breach of planning control at the time that the development was being carried out”.

Despite that expert advice, Mr Roban gave the project his full backing.

The planning documents show that Mr Roban reviewed Ms Penfold’s report on August 16 — and also disagreed with her recommendations on that date.

In a letter to Mr Lightbourne’s representatives three months later, Mr Roban claimed that he had “carefully considered the decision of the board”, adding that he found Mr Lightbourne’s “disregard for the planning process disturbing”.

However, Mr Roban added: “Notwithstanding, I appreciate the need to support different hospitality options such as food trucks, which have the potential to expand the culinary experience for residents and visitors. It is also imperative to note that this position supports the National Tourism Policy.

“I have, therefore, decided to overturn the board’s decision and grant planning permission.”

The Royal Gazette sent a series of questions to Mr Roban through the Government’s Department of Communications

He did not provide answers to those questions, although a ministry spokesman did address them.

The spokesman said: “The minister accepted the arguments but weighed the benefits of the development with the opinions of the DAB and the planning inspector to arrive at his decision. Furthermore, there were no objections from the Department of Health or the Department of Highways.

“Minister Roban has demonstrated and proven his commitment and has been publicly recognised and commended as a friend of the environment. However, as a representative of the people of Bermuda, they and the economy are part of that environment and they cannot be dismissed.

“In a densely populated island with significant economic and practical needs, it is impossible to allow commercial activity with a ‘do no harm’ approach. In this instance, businesses with existing foreshore developments have been in place for years and there were 33 jobs at stake.

“To reiterate, in a densely populated island with significant economic and practical needs, it is impossible to allow commercial activity with a ‘do no harm’ approach. And to be clear, a Coastal Reserve Zoning designation does not prohibit development. Having not been pristine or natural for many years, this area’s value as a habitat is questionable.

“When considering the hardscaping work already done, allowing the food truck to operate will have a negligible environmental impact.”

Mr Roban notified Mr Lightbourne’s representatives of his decision to grant planning permission for the scheme on November 6. Four days later, responsibility for planning decisions was shifted from Mr Roban’s Ministry of Home Affairs to the Ministry of the Cabinet Office.