Campaign group Take Back Our Parks celebrated yesterday the blocking of a controversial construction project at the Botanical Gardens.

The Bermuda Government had sought to erect a new maintenance yard at the site, replacing one that was damaged by Hurricane Fabian. However, members of the public expressed concern about the nature of the project, given its location in the heart of a national park.

Graham Jack and Susan Armstrong, who live near the worksite, launched a legal action against the Minister of Public Works, calling on the courts to find that the development is a nuisance and unlawful.

While the ministry sought for the claims to be struck out, Chief Justice Ian Kawaley dismissed that application, placing an interim injunction to stop work at the site.

In a statement yesterday, TBOP spokeswoman Jennifer Flood said that the group was delighted by the ruling. “We understand that this is a private case being brought by local residents, given their rights and interests as neighbours,” she said.

“It has succeeded in halting the work for now, and the court’s ruling has brought this whole issue to the forefront again as a matter of public interest and concern.”

Mrs Flood noted that the Chief Justice said both the campaign group’s petition and the Bermuda National Parks Act played a part in his decision.

Mr Justice Kawaley wrote: “The proposed development is seemingly actively opposed by roughly 5 per cent of the country’s population (more than 10 per cent of all those who voted in the last election), who have signed a petition. It is also a development in relation to a protected area which it is all but admitted obtained planning approval without giving the public the opportunity to comment, which is required by the Bermuda National Parks Act 1986.”

Mrs Flood said: “We ask for the public’s support in helping us reach our goal of 5,000 signatures for the petition. Coupled with the lack of information forthcoming from our public access to information requests, we feel that it is clear that this project has been pushed through regardless of public opinion.

“We hope that the Government will recognise that the Chief Justice’s ruling now provides an opportunity to reconsider the wisdom of this project both in the public interest, and in the interests of local residents.”

TBOP had said that the Botanical Gardens are not suitable for what it has described as an industrial site, calling on the Government to find an alternate location for the project. In addition to being an eyesore, the group has expressed concerns that the project, if completed, would bring increased traffic to the area.

The Government has said that alternate sites were considered, but TBOP has claimed that information gathered through Pati requests have shown that was not the case.