Parkland saved from the bulldozer
An area of protected parkland which was set for development has won a temporary reprieve from the bulldozers, after the Government backtracked on its decision to grant the project planning approval.
The Bermuda Housing Corporation submitted plans for an events lawn at Southlands to be used by the neighbouring Bermudiana Beach Resort.
Although the Development Applications Board turned down the proposal, that ruling was overturned last November by Walter Roban, the Minister of Home Affairs, after the BHC filed an appeal.
The Government has now withdrawn its approval after one environmental group filed for a judicial review into Mr Roban’s decision.
The Audubon Society submitted its application in December, claiming that Mr Roban had failed to abide by the Bermuda National Parks Act.
A spokeswoman for the society said: “As a result of the Audubon Society’s fight to protect the integrity of Southlands Park, we have been informed by the Attorney-General's Chambers that the minister's decision dated 8 November 2023 will be withdrawn to allow the appeal and all applicable processes, to be reconsidered.
“This was done in response to our filing for judicial review of the appeal.”
The spokeswoman warned that the project could still get the green light if the Government made moves to satisfy planning regulations.
She said: "The legal points made in the review regard provisions of the Bermuda National Parks Act that had not been followed.
“We fear that once these legal hurdles are overcome, the events lawn will once again be approved to the detriment of Bermuda.”
The Government abolished the National Parks Commission in December 2022, claiming that its members had operated outside their remit.
David Burch, the Minister of Public Works, has since confirmed that his ministry is in the process of re-establishing the oversight body.
The Audubon Society spokeswoman said: “Our experience with the Southlands Park has raised some very serious issues with the status and management of our national parks system.
“The National Parks Commission, which has a legislated role in the management of our national parks as a provider of expert advice, opposed the events lawn and parking lot in this location.
“Conveniently, this body was dismissed at the end of 2022 and they were not formally consulted in the review of the Southlands planning application and as required by the Bermuda Plan.
“The lawn would be for the exclusive use of the resort and surrounded by a chain-link fence. This sets a dangerous precedent of restricting public access to an area of national park for the benefit of a private commercial entity, an entity, in this case, without proven commercial viability.
“It also shows complete disregard for the protections enshrined in our laws and policies.”
The spokeswoman said that charities should not be forced to take legal action against the Government to ensure that the policies, procedures and provisions were followed.
She added that if this is what had to be done to protect parks and natural spaces, then it would continue the fight.
Nature matters, we must protect it, she argued.
Southlands Park was one of the jewels of the national park system and was treasured by the people of Bermuda who fought hard to save it from development. With dual protective zonings — park and Woodland Reserve — this area should be afforded the utmost protection and not be destroyed for the benefit of a commercial entity, Audubon said.
The spokeswoman added: “If these actions are deemed acceptable, what will be next? Will the lands held in trust for the people of Bermuda as National Parks ever be safe?
“These are the concerns that the Audubon Society had in mind when it began the fight to protect the coastal woodland at Southlands.
“This woodland is a healthy example of a mixed native and endemic forest. It is not only beautiful to look at but also provides essential habitat for a wide variety of Bermuda’s flora and fauna.
“Time spent in nature is known to be beneficial to our mental and physical health. Our National Parks provide these pockets of quiet that can be enjoyed by the entire community.”
The spokeswoman said that the society had worked to raise awareness of the park by leading walks and producing videos in partnership with the Bermuda National Trust.