'Government does not flout planning requirements' – Minister
The Minister of Works and Engineering has admitted making "mistakes" by undertaking works at Ducks Puddle without planning permission.
But at the same time he also told MPs: "This Government does not flout planning requirements."
Mr. Burgess's Ministry was lambasted in November for carrying out realignment work at Coney Island Road without planning permission.
The Development Applications Board (DAB) criticised the Ministry as it refused a retroactive application for a road realignment and landfill at Grotto Bay.
It said: "The Development Applications Board wishes to advise of its disappointment with the applicant's blatant disregard for the planning process."
And, according to an e-mail from director of Conservation Services Jack Ward to senior planner Christine Rickards on January 20, it was Mr. Burgess who authorised the "illegal dumping" of excavation materials at Grotto Bay.
Mr. Ward said: "W and E officers did not direct this dumping (their Minister did without their knowledge or support) (sic)."
Yesterday, Mr. Burgess told the House of Assembly: "The Ministry has undertaken this work and reports to the Honourable Members of this House today that while our steps were faulty at the outset, we moved swiftly to correct our mistakes and will move forward so that we may meet our objective of serving the residents of this vibrant East End community."
The works, undertaken last March to expand Bailey's Bay Cricket Club, have impinged on both national parkland and coastal reserve.
Native vegetation was cleared to make way for the 18ft asphalt road, while rubble was dumped at the head of a small bay zoned as parkland.
Planning officials criticised the roadworks as contrary to the Draft Bermuda Plan 2008, as the site in Wilkinson Memorial Park is protected under the National Parks Act 1986.
Ministry permanent secretary Robert Horton submitted a retroactive application on July 9 for the road realignment, plus temporary foreshore repairs to the north-eastern edge of the cricket club.
The foreshore stabilisation works yet to be undertaken were withdrawn and re-submitted in a 'final' planning application last month. It is understood the landfill from the roadworks will be used as backfill in the foreshore works.
Yesterday, Mr. Burgess said in a statement: "This Government does not flout planning requirements. I will state before this Honourable House this morning that this Minister had no intention to do so when giving the go-ahead on the initial work at the Bailey's Bay field.
"Thus, when the Ministry of Works and Engineering was advised by the then Ministry of Environment, Telecommunications and E-Commerce that planning permission was required for the work to take place, the work was stopped immediately and was not recommenced until such approval was given.
"I will reiterate, there was never an intention to ignore or circumvent planning requirements. Therefore, upon learning that planning permission was required, I directed that the work not begin again until permission had been obtained.
"The Ministry of Works and Engineering has now submitted a planning application to effect repairs to the existing foreshore protection to the north-eastern side of Bailey's Bay Cricket Club field.
"The application proposes extending the line of repair work beyond the toe of the spoil heap and using the spoil as backfill, thus removing the eyesore that currently exists and improving the general appeal of the area without causing any significant additional damage."
The Minister said the works were not only needed to strengthen the foreshore against storm damage but to enhance the local community's sporting facilities.
Government has still not responded however, to questions by The Royal Gazette as to whether it is true that Works and Engineering staff demolished stonework dating back hundreds of years, as Mr. Ward claimed in an e-mail to Planning on September 19.