The Central Planning Authority has reversed a decision to grant planning permission to Legoland Real Estate, which had previously been given approval to build a 192-apartment development in a flood-prone area of West Bay.
The company was originally granted permission in June 2020 for a $20 million complex over two parcels of land covering four acres adjacent to Batabano Road.
Some of that land had already been cleared and elevated in preparation for the construction, leading neighbouring residents to hold a public meeting in April to voice their concerns that the elevation of the land had led to increased flooding on their properties and the adjacent road.
Legoland appeared before the CPA board last month with an application for a planning modification, to erect 12 buildings, consisting of a total of 96 one-bedroom apartments, on one of the parcels of land, at a cost of $12 million.
The board decided to treat the modification as a new planning application, and turned it down.
According to the minutes of the 10 May meeting, which were released last week, the board refused planning permission because a little over half of the property – on which Legloland was proposing to build 56 of its 96 apartments – is zoned ‘neighbourhood commercial’. Under the planning regulations, residential properties are not permitted to be built on the ground floor of neighbourhood commercial zones.
The board noted, “In this instance, 56 units are in the [Neighbourhood Commercial] zone, with 28 of those units on the ground floor.”
The only exceptions to the rule in the planning regulations is when the development is a replacement or redevelopment of an existing residential development or if it is part of a mixed-use development, neither of which apply in this case, the Central Planning Authority stated.
Eduardo Bernal, of Legoland Real Estate, who appeared at the CPA meeting, said the company had brought the modification application because, in response to an objection raised by a neighbour, it wanted to correct a right-of way access that had not been identified in the earlier planning application.
The board, during the meeting, noted that the original approval had been based on 192 apartments over two parcels of land (Blocks 4D, Parcels 133 and 134), while the modification applied to just one of the parcels (133), therefore it considered this to be a new application.
The company told the planning board that it was no longer in control of Parcel 134.
Board members stated that the application for 96 apartments on the single parcel of land was “well above” the allowed density for a medium density residential area.
According to the minutes, medium density residential allows 20 units per acre, and for the original four-acre site, that would have allowed only 80 units, and Legoland was proposing 96 units, with 56 in a neighbourhood commercial zone and 40 in a medium density residential zone.
“The Authority noted the applicant hasn’t demonstrated why this density should be allowed,” according to the minutes.
Bernal told the board that the earlier approval from the Central Planning Authority had included a variance that addressed that issue.
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what in the world…….how about mandating developers, owners submit permit applications in time and the Board doing their job in a timely fashion instead of passing the buck to every Ministry and/or Department?????
Great News!! In the absence of an updated and proper Development Plan and sustainable development strategy, at least the CPA (in this instance) is using whatever tools it has to try to manage this “run-away train” in these Islands.
My concern now is what will happen to that large parcel on half of the site for this development project, which has already been filled with marl and is already causing rain/flood water run-off to adjacent residential properties.
When will there be a conversation to support traditional architecture to build on raised pilings? https://medium.com/environmental-intelligence/why-we-should-build-cities-on-stilts-cd5bc7b1e6e6