LAND DEVELOPMENT CONTROL COMMITTEE

MINUTES OF MEETING HELD ON 28th OCTOBER 2002

 

 

PLANNING APPLICATIONS

 

Please note that the following information clause is attached to the decision notice of all full building applications 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 licensees and or permits that may be required. The applicant is responsible for obtaining all necessary licenses that may be required.

 

 

2002/0256 Amendment to subdivision, Sandy Hill (93315B/211, 212 and 214) Warwick Woods Butler

 

Approved

 

 

2002/0290 Cinema ,retail and restaurant, North Central (48713B/292) Brothers Auto Sales

 

Deferred for :

 

 

 

1.

Submission of a statement of the proposed gross floorspace  and / or seating for each element of the proposal (i.e. retail floorspace, cinema seating)

 

2

Submission of a site plan to include the following:

 

 

a)

A parking layout that provides parking at least to the following ratio:

¨   1 car parking space per 300 gross sqft of shop and or restaurant space

¨   1 car parking space per 10 seats for the cinemas

¨   a designated loading area for the shop units

The parking to include accessible parking spaces for disabled people in accordance with Appendix F of the Building Code

 

 

b)

A sewage package treatment plant for the development

 

 

c)

On site soakaway for stormwater

 

 

3

Details of the manner in which the single storey cinema will function i.e. indicative seating layout

 

4

Consideration by the applicant to the relocation of the parking area and providing an entrance at the northern section of the site to reduce any potential impact on traffic flow on Edwin Wallace Rey Drive. This is further to the detailed discussions between the agent (during week of 20th October 2002) and the Department of Physical Planning.

 

The applicant is also advised that if additional land is required at this stage to facilitate the above points (as was suggested by the agent) that they may wish to also consider any options that they may have for expansion of the proposed development in the future and that this be taken into consideration in the design and layout at this time.

 

 

 

2002/0347 Pier, Island Harbour (89218B/94) Peter Billington

 

Refused for the following reasons:

1.      The proposed structure represents an obstruction to free access along the foreshore and if permitted would be a precedent for similar proposals, which would result in a detrimental effect on the waterfront environment of Anguilla.

 

2.      The development requires the anchoring of a pier / jetty to existing coral in a reef system that is already under serious stress. The development would lead to further degradation of the reef system.

 

3.      The proposal involves built development on Crown Land for which permission has been sought but has been denied for the reasons stated above.

 

Note:

The application makes no mention of whether the jetty is to be accessed by boats. It should be noted that if it is the following points should be noted:

¨      The sea ward entrance to the proposal site is punctuated with high coral heads that will make access to the proposed jetty / pier difficult and is likely to expose the entire reef system in this area to damage from accidents resulting from maneuvering of vessels.

 

¨      The Island Harbour jetty facility was developed for the express purpose of providing a safe docking area with limited negative impact upon the environment. This proposal is in relatively close proximity to this facility and therefore an alternative means of boat access is available.

 

The applicant is advised that whilst a right of appeal exists the Land Development Control Committee and Ministry of Social Development and Planning consider that there are no material or other factors that have changed since the dismissal of previous planning appeals for jetty / pier proposal(s) at this site.

 

 

2002/0352 Advertisement, The Valley (48814B/191) Frank Costin / Savannah Gallery

 

Deferred for consultation with a Government agency.

 

 

2002/0357 Subdivision, Shoal Bay (59018B33) Albert Lake

 

Approved

 

 

2002/0370 Cellular Base Station and Antenna, Corito (38812B/88) Cable & Wireless

Approved subject to the following conditions:

 

1

All antennas to be erected on the mast must be:

 

 

a)

Low gain;

 

 

b)

Operated in full compliance with the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines;

 

 

c)

Operated within a radio frequency of 800-900 MHz;

 

 

d)

Produce a plane wave power density of 0.0699 mW/cmsq or less.

 

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

Approved planning applications from other companies / organisations to mast share at this site cannot be unreasonably withheld by the applicant and site operator.

 

5

Before the erection of the tower / mast a security fence and gate must be fully erected to ensure no trespass onto the site and to protect the public.

 

6

Prior to its erection the mast and tower should be painted and marked in accordance with the requirements of the civil aviation authority and maintained in this state.

 

 

 

 

 

Information Note:

For clarity  on all matters relating to the operation of this site, planning permission will be required for the:

¨     change of any antennas from low to high gain;

¨     increase in number of antennas;

¨     increase to over 900 MHz in radio frequency being operated;

¨     change in a plane wave power density to over 0.0699 mW/cmsq.

 

 

2002/0371 Cellular Base Station and Antenna, Blowing Point (38410B/9) Cable & Wireless

 

Deferred for a public meeting to be held

 

 

2002/0379 Subdivision, Sandy Ground (08513B/127) Selena Lake- Richardson

 

Approved with the following condition:

This approval in no way confers planning permission for the use of Lot 1 (the remainder of the parcel for residential development). Such a proposal would require separate planning approval.

 

 

 

2002/0380 Grant of easement, Lockrum (38510B/20) Preston Richardson

 

Approved subject to the 12.5 ft right of way across Block 38510B Parcel 20 and 21 being registered concurrently with the 12.5ft right of way over parcels 144,145,146,147,148 and 149 of Block 38510B

 

 

2002/0381 Subdivision, The Quarter (78914B/33) Victor Banks

 

Deferred for the subdivision plan to show the distance of all existing buildings from site boundaries and existing and proposed rights of way.

 

 

2002/0382 Subdivision, Old Ta (48613B/32) Agnes Gumbs & David Reid Gumbs

 

Approved.

The applicant was also advised that this site is within the designated airport approach zone and that built development at the site (which requires separate planning permission) must not exceed 35 feet in height from ground level.

 

 

2002/0383 Subdivision, Rendezvous (28009B/12) Jeremiah Gumbs

 

Deferred for:

i.                    the subdivision plan to be amended to show :

a)     the position of the existing coastal vegetation line which is a requirement of coastal subdivisions. Visits to the site have revealed that the line marked on the plan does not follow the existing vegetation;

b)     a right of way serving the development of a minimum width of 25 feet;

ii.                  the submission of a detailed project description clearly indicating the proposed land use of each Lot. This should include details of bedroom numbers etc. The description should also indicate how the land is to be comprehensively developed in a planned / phased rather to ensure that it is not piecemeal manner.

iii.                the amendment of the description of the proposed subdivision on the application form to take full account of point ii above.

Note:

The Land Development Control Committee has an established and published policy that development must be setback a minimum of 100 feet from the landward side of the coastal vegetation line at this beach. Whilst it is difficult for the Committee to consider the impact of this setback on all proposed lots given the absence of clear information (as highlighted in point 1 a) above) it may prevent the development in the manner suggested of a number of lots (for example Lot 13).

 

In any development scheme the planning of a comprehensive sewage treatment facility rather than separate individual systems should be considered.

 

The applicant to note that the established density policy for tourism development is between 10 and 30 bedrooms per acre this should be fully considered in the subdivision proposals for this site.

 

 

 

 

2002/0384 Cellular Base Station and Antenna, Long Path (69114B/24) Cable & Wireless

 

Deferred for public consultation and press notices.

 

 

2002/0385 Cellular Base Station and Antenna, White Hill (89418B/74) Cable & Wireless

 

Deferred for public consultation and press notices.

 

 

2002/0386 Dwelling House, Shoal Bay (59018B/35) Simon Hemans

 

Approved.

 

 

2002/0387 Dwelling House, Cannifist & Chalvilles (89216B/174) Julet Simon

 

Approved.

 

 

 

2002/0388 Dwelling House, South Hill (38511B/71) Julian Hughes

 

Approved.

 

 

2002/0389 Dwelling House, Big Bottom (58816B/233) Kharim Walters

 

Approved.

 

 

2002/0390 Dwelling House, Sandy Hill (79214B/193) Justin Richardson

 

Approved.

 

 

2002/0391 Dwelling House, Old Ta (48613B/170) Marlene Lewis

 

Approved.

 

 

2002/0392 Dwelling House, South Hill (18010B/105) James Rochester

 

Deferred for the proposal to show setbacks that are at least the minimum required by the Land Development Control Committee (i.e. 16 feet from all right of ways, 16 feet from back boundary and 6 feet from side boundary). All distances to be measured from the closest point of the built development.

 

 

2002/0393 Two additional apartments, South Hill (28211B/125 lot 4) Benjamin Carty

 

Refused for the following reasons:

 

1.      The development would result in a density level (33 dwelling units per acre) considerably in excess of the Anguilla’s established levels of between 9 to 12 dwelling units per acre. This would result in an over-intensive development that is also inconsistent with the densities in the neighbourhood.

 

2.      The development by virtue of it’s over-intensive design would result in an unsatisfactory level of amenity for existing and future occupiers of the site and neighbouring land.

 

3.      The parking spaces that are proposed are below the minimum required width of 8 feet. These would create inadequate manoeuvring space and be unsatisfactory.

 

 

 

Note:

The applicant was also advised that the Registered Subdivision held at the Department of Lands and Surveys states a maximum Lot width of 69 feet. The submitted drawing indicates 72 feet.

 

 

2002/0394 Dental suite, Shoal Bay (89118B/36) Samuel Mason

 

Deferred for :

i.                    consultation with Government agencies

ii.                  submission of a floorplan showing the existing and proposed layout;

iii.                identification on the site plan of designated parking for staff and patients of the proposed dental suite.

 

 

 

2002/0395 Yacht club, jetty and moorings, Cul-de-sac (28309B/48) Gianfranco Comparetti

 

Deferred for :

 

1.

The site plan to be amended to include:

 

 

 

 

 

a)

Sewage package treatment plant and indication of how this relates to the wider site sewage systems. Distances from all existing and proposed buildings must be provided.

 

 

 

b)

A designated parking area for the yacht club spaces at a ratio of not less than 1 space per 300 gross sqft of floorspace. The site plan should clearly indicate the areas of parking that have been approved for existing built development and the areas that are proposed for other future development (if any).

 

 

 

c)

Designated area for the storage of garbage and other solid waste

 

 

 

d)

Distances of the yacht club building from existing approved and built structures

 

 

 

e)

Method of stormwater collection and a drainage scheme for the development this should clearly show contours and drainage ‘falls’. Should the applicant wish this can be submitted on a separate contoured drainage plan (which must indicate location of sewage package system and buildings as a minimum)

 

 

 

f)

Location of any services for the ‘jetty’. For example piped water, electricity, disposal of waste oil etc. A technical data sheet and detailed drawing will also be required for such facilities.

 

 

 

g)

Location of pump-out facilities for dealing with the sewage and wastewater from yachts using the moorings and jetty. A technical data sheet and detailed drawing will also be required for such facilities. Facilities for washing down and emptying portable toilets may also be required.

 

2

 

The map showing the proposed position of moorings to include:

 

 

 

a)

Distance of closest mooring(s) from beach and high water marks

 

 

 

b)

Bathymetric survey to include any designated approach channels to the moorings and to the jetty. This should provide information on the below water bottom contours. The depths to be shown as smooth contours. The datum should be clearly labeled on the plan.

 

 

 

c)

Survey data on marine vegetation i.e. extent and type (sea grass beds, coral etc). This should include the area adjacent to the proposed jetty.

 

3

 

The drawing for the jetty (including section through) to clearly show: 

 

 

 

a)

the location of all services being provided for example piped water, electricity, waste oil etc. Details of emergency shut off facilities for each service will also be required

 

 

 

b)

the location of all navigational / warning lighting (if proposed to be affixed to the jetty

 

 

 

c)

A detailed section of method of fixing piles to the earth (this should be a constructional / engineering drawing)

 

 

 

In the meeting held with the Department of Physical Planning on 28th October mention was made of removal blow out panels or similar to reduce risk of damage from ground seas and hurricanes. This or an alternative option is recommended to be used for the jetty and should be clearly annotated on the drawings.

 

4

 

The method of mooring to include details of at surface markers and methods of limiting anchor and chain drag and consequent scouring of sea bed or marine vegetation.

 

5

 

Preparation of a comprehensive development plan of the yacht club and mooring development and all the up land supporting facilities that are planned / required for the area – i.e. all facilities that are necessary to make the development viable.

 

6

 

Consultation with Government agencies

 

7

 

Radio announcement and public consultation

 

 

The Applicant was also advised of the following:

 

As highlighted by the Department of Physical Planning during the week of 20th October and 28th October 2002 to the agent, the results of the consultation and response to the above issues will assist in the ‘scoping’ of the project. This will help to determine the extent / content of any Environmental Impact Assessment (EIA) that is required for the project. As such the applicant should be fully aware that further details (potentially including an EIA) may be required by the Committee to make a full determination of the application.

 

At this stage two of the key issues that has been highlighted are:

a)     method of sewage disposal and proposed management and enforcement arrangement to ensure that sewage and waste water is not discharged from vessels or the development into the sea

b)     method of piling for the pier and the location of the mooring ‘blocks’ and their relationship with the marine vegetation / coral / reef etc.

This information is offered to assist the agent and applicant and does not in any way limit the Committee from raising other issues at a subsequent time.

 

The Committee would also like the applicant to consider the ‘upland’ use of the site with respect to its relationship with a yacht club of this scale. For example whether any other facilities are to be provided such as showers, laundry services, larger restaurant or recreational facilities.