Land Use, Planning, and Environmental Controls
The planning framework
Development in Bermuda is controlled under the Development and Planning Act and the Bermuda Plan, which sets out zones, permitted uses, density and design policies. Candidates must understand development permission, the difference between permitted development and development requiring approval, the role of the Development Applications Board, and the process for subdivision, change of use, and variances. Environmental controls include building code requirements, coastal and conservation protections, and hurricane-resilient construction standards.
Traps to watch
Questions test whether a proposed use is permitted in the zone or requires a change-of-use permission, and whether a non-conforming use can be extended. Watch for the trap that planning permission runs with the land, whereas a building permit is tied to the approved plans. Also check the distinction between planning permission and building permission - both may be needed. Another trap is the assumption that a neighbouring owner's approval substitutes for planning approval.
Rule of thumb
Ask two questions: does the zone permit this use, and does the specific proposal need consent? If either answer is uncertain, treat permission as required.
Worked example
A buyer wants to convert a guest house into apartments. The zone permits guest houses but not multi-unit residential, so a change-of-use application to the Development Applications Board is required before the conversion.