The latest Planning approvals and refusals.From a meeting of December 19.APPLICATIONSFinal Applications - Recommendation ApprovalP0189/12 THE MAKNES TRUSTLot A2 Oleander Lane, DevonshireProposed New Two Dwelling Unit with Boundary Retaining Walls (Max height 10ft High).Planner: Victoria Carolo1. THE MAKNES TRUST,Proposed New Two Dwelling Unit with Boundary Retaining Walls (Max height 10ft High).P0189/12 Type: Final Decision: ApprovePlanner: Victoria CaroloDiscussion: The technical officer presented the application details to the Board with a recommendation of approval. The technical officer went over all the background details pertaining to the application including the prior Board approved, and refused on third party appeal application; the subdivision application that created the right of way; as well as the specific aspects which the appeal decision outlined as a rationale for refusal.A detailed comparison of the prior proposal and current proposal was provided to demonstrate the degree to which the proposal had been altered and the extent to which it now addressed all the issues outlined in the appeal decision.The locations and the list of concerns in various submission letters noted by objectors was presented to the Board. The technical officer noted the changes in the current application from the prior one which sought to address the objectors' concerns. It was noted that the objectors remained opposed to the proposal in various respects and had filed additional submissions earlier in the week. The technical officer distributed copies of the most recent letters received from the objectors dated December 17th and 18th and provided a summary of the contents of both. It was confirmed that the owner of No. 20 Oleander Lane did not consent to the proposed hedge along the eastern side of the right of way.As such, the officer indicated that the applicant would be instructed to remove this aspect from the drawings and file revised plans. Further, as there was expressed concern in the letter regarding the use of gravel for the right of way with respect to noise, the Board members were queried by the officer as to whether they would be in agreement to amending the surfacing.The Board confirmed that they did not believe vehicular movement associated with one apartment would create an abundance of noise and disturbance and therefore were satisfied that the proposed gravel surfacing for the right of way was acceptable.The Board queried whether any aspect of the proposal required discretion. The technical officer reiterated that the proposed 10 feet high retaining wall and the external stairs within thesetback to the southern lot line required discretion; but otherwise the application was fully compliant with relevant planning policies. It was further queried by the Board whether the 10feet high wall would require a security barrier above and it was confirmed it was a standard requirement already reflected on the plans.The Board resolved to approve the application.The Board RESOLVED:To approve the application, as received 23 May, 2012 and revised 29 August 2012, 19 December 2012 subject to the following condition(s): 1. The development hereby permitted shall be begun before the expiration of 2 (two) years from the date of this permission.2. For the avoidance of doubt the consent hereby granted is for planning permission only. Prior to the commencement of building operations a separate application for a building permit must be made and approved.3. In the interest of visual amenity, the hereby approved walls shall be faced with Bermuda stone or rendered and finished to give the appearance of Bermuda stone, and completed prior to the issuance of a Certificate of Completion and Occupancy.4. In the interest of visual amenity, there shall be no deposition or storage of excavated material on site and all excess unused material shall be removed from the siteduring the course of building operations and prior to the issuance of a Certificate of Completion and Occupancy.5. In order to avoid the discharge of surface water onto Oleander Lane and adjoining properties, provision shall be made for the control and disposal of storm water within the curtilage of the application site. Such measures shall be provided prior to the issuance of a Certificate of Completion and Occupancy6. In the interests of visual amenity, the entire site subject of this application shall belandscaped in accordance with the hereby approved plans prior to the issuance of a Certificate of Completion and Occupancy. Any trees or shrubs shown on approved plans which are removed, which die or which become seriously diseased or damaged shall be replaced by trees and shrubs of similar size and species to those originally required to be planted.7. The private outdoor living space shown on the hereby approved plans shall be established for use in accordance with Policies DSN.16 and DSN.17, Chapter 8, of the Bermuda Plan 2008 Planning Statement, prior to the issuance of a Certificate of Completion and Occupancy.8. Parking and maneuvering space for 2 cars and 2 cycles shall be established for use in accordance with Policies TPT.20 and TPT.25, Chapter 11 of the Bermuda Plan 2008 Planning Statement, prior to the issuance of a Certificate of Completion.