Cabinet Office Ministry spokesman response to Mr Chicken owners allegations

A Ministry of the Cabinet Office spokesman can advise, “The Mr. Chicken ownership provided a total misrepresentation of facts try to portray the Department of Planning as the classic scapegoat.”
Here are the facts of the matter:
The Department of Planning assessed the planning application under the Bermuda Plan 2018. The applied policy is not discretionary and thus cannot be waived. It requires that when a parking lot involves ten or more parking spaces, at least one space must supply an E.V. charging station.
The Development Applications Board (DAB) approved the application with the condition that the required E.V. charging station be installed before issuing a Certificate of Use and Occupancy.
The submitted Building Permit application is currently under review. To that end, and following the conditions of approval as instructed by the DAB, the technical officer, per their responsibility and duty, requested this information be included in the drawings.
The parties involved knew of these conditions as early as December 2nd, 2023 when the DAB issued the decision. Had the information been acted upon, this matter could have been addressed much sooner.
The architect has been offered two solutions:
· Option 1: For this option, it is essential to note that the necessary due diligence should have been exercised when designing the plans because it is now understood that the business requires less parking than initially proposed. And so, the applicant can submit a revision reducing the amount of parking to below ten spaces. The revision could be processed and shown to the DAB for approval, eliminating the condition for the E.V. charging station.
· Option 2: The applicant can submit an appeal to the Minister to have the condition removed. However, because there were objectors to the original planning application, they have the right to be informed an appeal was received. Therefore, they are considered a ‘party to the appeal’ per the legislation governing the processing of Appeals. Their involvement could lengthen the determination of the appeal, proving problematic.

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