LAND DEVELOPMENT CONTROL COMMITTEE

MINUTES OF THE MEETING HELD ON 14 JULY 2004

 

PLANNING APPLICATIONS

*Please note that the following information clause is attached to the decision notice of all building applications in full that are approved with or without conditions:

·          NB. This permission does not in any way constitute a waiver of the need to obtain building permission for this proposed development and any other necessary Government licenses and or permits that may be required.  The applicant is responsible for obtaining all necessary licenses that may be required.

 

 

2004/231 Business & House, Statia Valley (38713 B 20) Claudius Hodge

Refused for the following reasons:

i.               The proposed development would not provide suitable and sufficient accommodation within the curtilage of the site for parking, loading and unloading of vehicles in connection with its use. Such development would therefore result in the parking of vehicles on the carriageway, thereby increasing the hazards along this section of the Jeremiah Gumbs Highway.

ii.             It is considered that the formation of entry and exit points for commercial development onto the Jeremiah Gumbs Highway (a principal traffic road) is at this point, unacceptable on road safety grounds. In particular this is problematic in regard to the proximity to the proposed access and exit points to the nearby road junction, and to the danger to right turning traffic on the development site.

 

2004/235 Subdivision, Stoney Ground (68915 B 27) Edris Bryan

Deferred for discussion with the agent regarding a possible solution for triple frontage of parcel 27 created by the proposed subdivision.

 

2004/236 House & Pool, Shoal Bay (89218 B 293) Barbara Oberle

Approved with the following conditions:

i)              The Principal Planning Officer shall be notified at least 48 hours prior to the date and time on which it is proposed to commence any clearing of land and building or engineering operations to which this permission relates.  Where 48 hours fall on a Saturday, Sunday or Public Holiday, the notification should be given on the preceding working day.  All proposed works shall be properly set out for inspection by the Principal Planning Officer or his representative.

ii)             All necessary measures shall be taken to prevent the runoff of silt, mud and other debris into the sea.

iii)           All top soil removed during excavation of the footings shall be set aside and stored on site until it is required for further use on site.

 

2004/248 Subdivision, North Hill (08412 B 107) Dale Carty

Approved subject to the two corners of the 18ft right of way being splayed.

 

2004/282 Villas Meads Bay (17910 B 7) Thomas McInerney

Approved with the following conditions:

i)              The Principal Planning Officer shall be notified at least 48 hours prior to the date and time on which it is proposed to commence any clearing of land and building or engineering operations to which this permission relates.  Where 48 hours fall on a Saturday, Sunday or Public Holiday, the notification should be given on the preceding working day.  All proposed works shall be properly set out for inspection by the Principal Planning Officer or his representative.

ii)             All necessary measures shall be taken to prevent the runoff of silt, mud and other debris into the sea.

iii)           All top soil removed during excavation of the footings shall be set aside and stored on site until it is required for further use on site.

 

2004/292 Dwelling House, Limestone Bay (58616 B 79) Moreau Thomas

Approved with the following condition:

This permission is granted in OUTLINE ONLY.  Full planning permission is required before any development commences.  An application for full planning permission should be submitted to the Land Development Control Committee and shall detail all matters relating to design and siting of the structures; external appearances of the structures; traffic circulation and parking layout; drainage; treatment and disposal of sewage; and landscaping of site.

 

2004/293 Dwelling House, Sandy Ground (08412 B 79) Jahime Connor

Deferred for:

i.         discussion with the agent regarding the demolition of the existing house; and

ii.       a minimum setback of 16ft from the front and back boundaries and 6ft from the side boundaries.

 

2004/296 Subdivision, Little Harbour (38611 B 103) Verilyn Richardson

Approved

 

2004/297 Advertisement, George Hill (38612 B 195) Sylvester Payne

Refused for the following reason:

The proposed development is contrary to the Advertisement Policy approved by the Government of Anguilla.

 

2004/298 Dwelling House, North Hill (08413 B 76) Jean Bartoli

Deferred for:

i.         clarification on the purpose of the pipe shown south of the septic tank on the site plan;

ii.       submission of  details indicating how the pool water will be drained and disposed of; and

iii.      the parcel number to be stated on the application form.

 

2004/299 2 Dwelling Houses, Blowing Point (28310 B 136) Gloria Hendrickson

Approved

 

2004/300 Subdivision, North Hill (08413 B 108) Ann Edwards

Refused for the following reason:

The subdivision as proposed is contrary to the Coastal Slope Policy approved by the Government of Anguilla.

 

 

2004/301 Subdivision, Seafeathers (99415 B 308) Osbourne Fleming & Elpha Richards

Approved

 

2004/302 Dwelling House, South Hill (38511 B 206) Rudolph Carty

Approved

 

2004/303 Subdivision, North Side (58816 B 278) Ashley Brooks

Approved

 

2004/304 Swimming Pool, South Hill (08412 B 200) Fred Porter

Approved with the following conditions:

i)        The Principal Planning Officer shall be notified at least 48 hours prior to the date and time on which it is proposed to commence any clearing of land and building or engineering operations to which this permission relates.  Where 48 hours fall on a Saturday, Sunday or Public Holiday, the notification should be given on the preceding working day.  All proposed works shall be properly set out for inspection by the Principal Planning Officer or his representative.

ii)       All necessary measures shall be taken to prevent the runoff of silt, mud and other debris down the hillside.

iii)     Grey water and water from all hard surfaces shall be collected in catchments and not allowed to run directly down the hill slope.

iv)     No trees or shrubs outside the perimeter of the foundation shall be felled, topped, chopped or willfully destroyed prior to the approval of the Principal Planning Officer.

Reasons for Conditions

·        To ensure the proper carrying out of the works in accordance with good planning and engineering practice.

·        To mitigate soil erosion and landslides.

·         To eliminate a possible nuisance to the adjacent land owners.

 

2004/305 Dwelling House, The Valley (48814 B 57 (lot 2) Trenton Roach

Approved with the following condition:

This permission is granted in OUTLINE ONLY.  Full planning permission is required before any development commences.  An application for full planning permission should be submitted to the Land Development Control Committee and shall detail all matters relating to design and siting of the structures; external appearances of the structures; traffic circulation and parking layout; drainage; treatment and disposal of sewage; and landscaping of site.

 

2004/306 Dwelling House, The Valley (48814 B 57 (lot 1) James Welch

Approved with the following condition:

This permission is granted in OUTLINE ONLY.  Full planning permission is required before any development commences.  An application for full planning permission should be submitted to the Land Development Control Committee and shall detail all matters relating to design and siting of the structures; external appearances of the structures; traffic circulation and parking layout; drainage; treatment and disposal of sewage; and landscaping of site.

 

2004/307 Subdivision, Black Garden (58716 B 194) Phillip Gumbs

Approved

 

2004/308 Dwelling House, Sandy Ground (08412 B 79) Oneal Arrindell

Deferred for discussion with the agent.

 

2004/309 Subdivision, Island Harbour (89218 B 119) Elliot Webster

Approved

 

2004/310 Exchange Centre, Blowing Point (38410 B 264) Cable & Wireless Ltd

Approved

 

2004/311 Subdivision, Sandy Hill (89315 B 95) Edith Petty

Approved

 

2004/312 Subdivision, South Hill (28211 B 297) Bernard Coakley

Approved

 

2004/313 Dwelling House, Statia Valley (38712 B 360) Cynthia Grant

Approved

 

2004/314 Dwelling House, The Valley (48714 B 241) Roger Wilkinson

Approved

 

2004/315 Dwelling House, South Hill (28211 B 296) Roger Thomas

Approved

 

2004/316 Dwelling House, South Hill (28311 B 156) Alex & Wendy Hodge

Approved

 

2004/317 Villa, Cul-de-sac (28309 B 48) Gianfranco Comparetti

Approved with the following conditions:

i.         The Principal Planning Officer shall be notified at least 48 hours prior to the date and time on which it is proposed to commence any clearing of land and building or engineering operations to which this permission relates.  Where 48 hours fall on a Saturday, Sunday or Public Holiday, the notification should be given on the preceding working day.  All proposed works shall be properly set out for inspection by the Principal Planning Officer or his representative.

ii.       All necessary measures shall be taken to prevent the runoff of silt, mud and other debris into the sea.

iii.      All top soil removed during excavation of the footings shall be set aside and stored on site until it is required for further use on site.

 

2004/318 ATM Machine Bldg, West End (18010 B 99) National Bank of Anguilla

Approved

 

2004/319 Dwelling House, South Valley (48714 B 604) Joan Carty

Approved

 

2004/320 Club House, Rendezvous (28110 B 38) Flag Luxury Properties Anguilla Ltd

Approved

 

2004/321 Wall, Lockrum (38510 B 161 12 & 17) Rumza Night Club

Deferred for a meeting to be held with the landowners and residents of the Lockrum area and the developer to discuss the proposal.

 

2004/322 Dwelling House, Captain Ridge (99619 B 27) Scott Tietenhaler

Approved with the following condition:

This permission is granted in OUTLINE ONLY.  Full planning permission is required before any development commences.  An application for full planning permission should be submitted to the Land Development Control Committee and shall detail all matters relating to design and siting of the structures; external appearances of the structures; traffic circulation and parking layout; drainage; treatment and disposal of sewage; and landscaping of site.

 

2004/323 Change of Use, George Hill (48713 B 119) Lucia Richardson

Approved

 

2004/324 Subdivision, Rock Farm (48713 B 189) Albert Lake

Approved

 

2004/325 Generator House Harbour Ridge (99519 B 17) Leonard Cerullo

Approved

 

2004/326 Hotel, Condos & Villa Barnes Bay (17810 B 7, 109, 98, 100-102,112 & 113) Barnes Bay Real Estate

Deferred for:

i.         the setback distance of the infinity edge pool from the vegetation line to be a minimum of 65 feet;

ii.       the setback distance of the proposed condominiums on Meads Bay to be a minimum of 100 feet from the vegetation line;

iii.      consultation with Government agencies; and

iv.     the residential component of the project proposed on Barnes Bay to be relocated away from the beach.

 

The following list of antennas were also discussed and the following decisions tabled:

 

2003/090 Equipment Shelter & Antenna, East End (99417 B 61 (pt of) Cable & Wireless

Deferred for consultation with the agent regarding the status of your application.

 

2003/319 Tower, Antenna & Shelter, West End (28111 B 85) Griffin Webster/Kennedy Hodge

Refused for the following reason:

The setback distances of the proposed tower is less than the minimum 50ft setback for towers to be setback from all boundaries, which is required by the Land Development Control Committee.

 

2003/418 Equipment Shelter & Antenna, Lockrum (38410 B 264) Cable & Wireless

Deferred for the height of the tower to be increased to a minimum of 140 feet instead of the stated 98 feet.

 

2004/004 Tower & Support Shed, South Hill (28312B/52, 31, 39, 148 & 149 & 37 (pt of) Weblinks

Approved with the following conditions:

1.  All antennas to be erected on the tower must be operated in full compliance with the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines.

2.  The antennas shall not be used until the following have been submitted for approval to the Ministry of Infrastructure Communication and Utilities (copy to the Department of Physical Planning):

a) A certificate stating that the equipment to be erected meets the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines for limiting exposure to electromagnetic fields.

b) A site plan clearly showing the maximum fields of radiation including details of strength and frequency and that these do not exceed 0.0699mW/cm-sq. at 100 feet and the ICNIRP standards.

c) A signed declaration stating that radio frequency fields will be kept as low as reasonably practicable at all times and never exceed the ICNIRP standard or 0.0699 mW/cm-sq.

3. Annual independent monitoring reports must be submitted to the Ministry of Infrastructure Communications and Utilities every year relating to the levels of radiation being emitted from the antenna.

4. The facilities must be shared with an access given to, in accordance with the provisions of the Telecommunications Act, the Public Utilities Commission Act, the Regulations made respectively there under and the Telecommunications Code, other

companies and organizations holding plans approved by the Land Development

Control Committee.

5.   Before the erection of the tower a security fence and gate must be erected to ensure that there is no trespass onto the site and to protect the public.

 

2004/154 Antenna Monopole, Equipment Shelter & Generator, Cauls Pond (69014B/65) Wireless Ventures (Anguilla) Ltd.

Approved with the following conditions:

1.      All antennas to be erected on the tower must be operated in full compliance with the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines.

2.      The antennas shall not be used until the following have been submitted for approval to the Ministry of Infrastructure Communication and Utilities (copy to the Department of Physical Planning):

a)  A certificate stating that the equipment to be erected meets the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines for limiting exposure to electromagnetic fields.

b)  A site plan clearly showing the maximum fields of radiation including details of strength and frequency and that these do not exceed 0.0699 mW/cm-sq. at 100 feet and the ICNIRP standards.

c) A signed declaration stating that radio frequency fields will be kept as low as reasonably practicable at all times and never exceed the ICNIRP standard or  0.0699 mW/cm-sq.

3.      Annual independent monitoring reports must be submitted to the Ministry of Infrastructure Communications and Utilities every year relating to the levels of radiation being emitted from the antenna.

4.      The facilities must be shared with an access given to, in accordance with the provisions of the Telecommunications Act, the Public Utilities Commission Act, the regulations made respectively there under and the Telecommunications Code, other companies and organizations holding plans approved by the Land Development Control Committee.

5.      Before the erection of the tower a security fence and gate must be erected to ensure that there is no trespass onto the site and to protect the public.

 

2004/155 Antenna Monopole, Equipment Shelter & Generator, West End (17809 B 230) Wireless Ventures (Anguilla) Ltd.

Approved with the following conditions:

1.      All antennas to be erected on the tower must be operated in full compliance with the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines.

2.      The antennas shall not be used until the following have been submitted for approval to the Ministry of Infrastructure Communication and Utilities (copy to the Department of Physical Planning) :

a) A certificate stating that the equipment to be erected meets the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines for limiting exposure to electromagnetic fields.

b) A site plan clearly showing the maximum fields of radiation including details of strength and frequency and that these do not exceed 0.0699 mW/cm-sq. at 100 feet and the ICNIRP standards.

c)      A signed declaration stating that radio frequency fields will be kept as low as reasonably practicable at all times and never exceed the ICNIRP standard or 0.0699 mW/cm-sq.

3. Annual independent monitoring reports must be submitted to the Ministry of Infrastructure Communications and Utilities every year relating to the levels of radiation being emitted from the antenna.

4. The facilities must be shared with an access given to, in accordance with the provisions of the Telecommunications Act, the Public Utilities Commission Act, the Regulations made respectively there under and the Telecommunications Code, other companies and organizations holding plans approved by the Land Development Control Committee.

5.   Before the erection of the tower a security fence and gate must be erected to ensure that there is no trespass onto the site and to protect the public.

6.   Prior to its erection the tower must be lit and painted with markings in accordance with the requirements of the Directorate of Civil Aviation Authority and maintained in this state.

 

2004/221 Antenna Monopole, Equipment Shelter & Generator, Crocus Hill (48714B/325) Wireless Ventures (Anguilla) Ltd.

Deferred for negotiations to take place between Wireless Ventures (Anguilla) Ltd. and Weblinks regarding the sharing of towers in the Crocus Hill area.

 

2004/222 Antenna Monopole, Equipment Shelter & Generator, Navigation Hill (99418B/104) Wireless Ventures (Anguilla) Ltd.

Deferred for negotiations to take place between Wireless Ventures (Anguilla) Ltd. and Weblinks regarding the sharing of towers in the Navigation Hill area.

 

2004/223 Antenna Monopole, Equipment Shelter & Generator, Wallblake (78813B/98) Wireless Ventures (Anguilla) Ltd.

Approved with the following conditions:

1.  All antennas to be erected on the tower must be operated in full compliance with the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines.

2.  The antennas shall not be used until the following have been submitted for approval to the Ministry of Infrastructure Communication and Utilities (copy to the Department of Physical Planning):

a) A certificate stating that the equipment to be erected meets the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines for limiting exposure to electromagnetic fields.

b) A site plan clearly showing the maximum fields of radiation including details of strength and frequency and that these do not exceed 0.0699 mW/cm-sq. at 100 feet and the ICNIRP standards.

c) A signed declaration stating that radio frequency fields will be kept as low as reasonably practicable at all times and never exceed the ICNIRP standard or 0.0699 mW/cm-sq.

3. Annual independent monitoring reports must be submitted to the Ministry of Infrastructure Communications and Utilities every year relating to the levels of radiation being emitted from the antenna.

4. The facilities must be shared with an access given to, in accordance with the provisions of the Telecommunications Act, the Public Utilities Commission Act, the Regulations made respectively there under and the Telecommunications Code, other companies and organizations holding plans approved by the Land Development Control Committee.

5.  Before the erection of the tower a security fence and gate must be erected to ensure that there is no trespass onto the site and to protect the public.

6.  Prior to its erection the tower must be lit and painted with markings in accordance with the requirements of the Directorate of Civil Aviation Authority and maintained in this state.

 

2004/241 Antenna Monopole, Equipment Shelter & Generator, East End (99416B/78) Wireless Ventures (Anguilla) Ltd.

Approved with the following conditions:

1.  All antennas to be erected on the tower must be operated in full compliance with the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines.

2.  The antennas shall not be used until the following have been submitted for approval to the Ministry of Infrastructure Communication and Utilities (copy to the Department of Physical Planning) :

a) A certificate stating that the equipment to be erected meets the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines for limiting exposure to electromagnetic fields.

b)  A site plan clearly showing the maximum fields of radiation including details of strength and frequency and that these do not exceed 0.0699 mW/cm-sq. at 100 feet and the ICNIRP standards.

c)      A signed declaration stating that radio frequency fields will be kept as low as reasonably practicable at all times and never exceed the ICNIRP standard or 0.0699 mW/cm-sq.

3. Annual independent monitoring reports must be submitted to the Ministry of Infrastructure Communications and Utilities every year relating to the levels of radiation being emitted from the antenna.

4. The facilities must be shared with an access given to, in accordance with the provisions of the Telecommunications Act, the Public Utilities Commission Act, the Regulations made respectively there under and the Telecommunications Code, other companies and organizations holding plans approved by the Land Development Control Committee.

5.  Before the erection of the tower a security fence and gate must be erected to ensure that there is no trespass onto the site and to protect the public.

 

2004/242 Antenna Monopole, Equipment Shelter & Generator, Stoney Ground (68915B/134) Wireless Ventures (Anguilla) Ltd

Deferred for discussion with the agent regarding the determination of your application.