(CMR) The Central Planning Authority has refused to grant planning permission for the redevelopment of the Aqua Bay Club Condominiums on Seven Mile Beach into a 10-story residential building.
This news is welcomed by the 45 objectors who wrote letters to the CPA stating their disagreement with the proposed development.
The proposed $60 million development comprises a single 10-storey apartment building with 38 units with a fitness centre, pool and below-ground parking. The roof of the building is to feature a rooftop deck with barbecue areas and (4) infinity pools with spas. A portion of the roof has been set aside for photovoltaic panels and solar hot water collectors.
The site originally consisted of a single residential property and was redeveloped as the Aqua.
Bay Club Condominiums in the 1980s. The existing property features a total of 21 units.
The CPA said it refused planning permission because the building would be 12 storeys and not 10 as the developer has indicated because a garage and roof deck would increase the maximum height allowed.
According to the minutes of the March meeting, Regulation 8(2)(e)(i) states that in Hotel/Tourism Zone 1, the maximum permitted height is one hundred and thirty feet or ten stories, whichever is less. Regulation 2 defines “height of building” as the vertical distance measured from the highest point on a proposed or existing building to the proposed finished grade directly below that point; and for the purposes of this definition, “finished grade” means the highest grade within five feet of the building and includes natural grade when no terrain alteration is proposed.
Regulation 2 also defines “story,” which means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling next above it.
The applicant argued that the parking garage is not a story per the provisions of Regulation 8(4); namely, a) that that area is non-habitable ancillary space and b) that it is below grade. However, the CPA said the parking garage is not an ancillary space. Parking spaces are required by Regulation 8(1), and the applicant has chosen to provide a substantial number of them in the parking garage.
The CPA noted that these parking spaces are not ancillary to the apartments but are a primary development component. They cannot be considered as ancillary space, and therefore, this story is not exempt per Regulation 8(4).
The Authority said it has no discretion to allow more than 10 stories, noting that there are two levels of rooftop structures that have not been included as stories per the exemptions listed in Regulation 8(4).
The CPA states that the building level labeled Roof Deck Plan includes areas covered by the floor of the mechanical level above. As such, this area is a story per the definition of the same in Regulation 2. Further, this level does not satisfy any of the criteria listed in Regulation 8(4) and, therefore, is not exempt from being considered a story, which means this would be a twelfth story.
The Authority said it does not view this area as non-habitable ancillary space as the space is directly tied to the units below them as an integral part of those units which includes cooking and dining facilities.
The Department of Environment said it is highly likely that the construction of the proposed development will lead to overshadowing and blocking of daylight/sunlight from the southernmost units at Silver Sands and from a significant portion of The Palms. Although an EIA is not believed to be required to assess these effects, the DoE strongly recommends that the CPA give due holistic consideration to visual impact and the impacts of daylight, sunlight, and overshadowing.
The DoE said the proposed redevelopment is another in a string of similar redevelopment projects along Seven Mile Beach. There are likely to be other older low‐rise condominiums that may also
seek to redevelop into 10-story buildings, changing the nature of Seven Mile Beach.
It was also noted that the cumulative redevelopment of properties to higher, denser buildings will introduce more people onto the beach, and a cumulative increase in population density will likely exacerbate traffic issues in the area.
The proposed development will be visually prominent and with future cumulative development, there will also be visual amenity effects, as the view of Seven Mile Beach from the beach, from the water and from West Bay Road will change from low‐ rise to high‐rise. This should be considered as part of the Seven Mile Beach Tourism Corridor Area Plan, though the DoE is not aware of the current status of that Area Plan.
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