A thorny dispute between neighbours - which led to a call for the resignation of one of the members of the Development Applications Board (DAB) - is raging in the Spanish Point area, The Royal Gazette has learned.

The dispute even spilled over into the House of Assembly last Friday as Environment Minister Dennis Lister defended his actions to resolve the battle when Opposition MP Erwin Adderley fired off questions on the matter following the motion to adjourn. The home at the heart of the battle is on Place's Point Road and planning approval was originally granted for its owners - Joneva Trust - to add a new master bedroom, pergola, bay window, stairway and plumbing and electrical works in October of last year.

However, neighbours Mr. and Mrs. Newbold Smith claim they never gave the Trust their consent in October, and filed an objection with Planning, which was never heard. The Smiths have requested a ministerial appeal to stop the development.

The Smiths feel their position has never been considered by the DAB and their rights have been trampled on.

The family argues that the additions to the house will increase congestion in their area, block their views and devalue their property, according to letters to the Planning Department.

They also claim one of the individuals behind the Jonova Trust - Dale Young - used her position on the DAB to skirt Planning regulations and force through the additions to her home against their wishes.

"I respectfully request that she (Mrs. Young) be removed from the Planning Board and any association with Planning," wrote Mr. Smith's daughter Gena in a letter to the Environment Minister, which was copied to Mr. Adderley - a former Planning Department director.

Yesterday, however, Mrs. Young told The Royal Gazette that she voluntarily stepped down from the DAB in January for personal reasons which had nothing to do with the dispute.

She also pointed out that while she was on the Board, she did not sit in on meetings where the Spanish Point property was discussed.

Through much of the recent controversy, Mrs. Young said she has been off the Island.

"I didn't do anything," she said.

She added of the Planning procedures required to carry out the work at the home: "I had an architect with Benevides and Associates, Troy Livingstone, and he did everything. It was all done."

According to the Planning Department file on the development, the Smith's first lodged a complaint against the project on October 11, 2001.

However, as the application was gazetted on September 21, 2001, that objection was considered "out of time" - it arrived after the 14 days allowed for objectors to lodge their complaints - and was not considered by the DAB. The situation is more complicated, however, in that the Trust applied for final Planning approval, meaning they would have been required to show they had consent of at least one of their adjacent neighbours - the Smith's family or the Spanish Point Boat Club.

Yet, no consent letters from either party were included in the Planning file when the application originally received approval in October of last year.

A letter dated February 8 from the Club is now on file, however, stating the Club gave the Trust permission to build last October.

Continuing calls for a Ministerial appeal on the matter from the Smith'ss which included a claim that trenches for the electrical works were being dug within the boundaries of their property, led Planning Director Rudolph Hollis to pull the file and put a stop work order in place on the property on January 22 of this year.

The stop work order was removed a day later however, after the DAB considered the matter again on January 23.

According the minutes of that meeting, Mrs. Young - who was still sitting on the Board at the time - left the room and: "The Board discussed the additional information concerning the application approved on October 25, 2001 and after much discussion the Board found no reason to recommend to the Minister that the permission be revoked."

The Smith'ss were informed by a letter from Environment Ministry Permanent Secretary Brian Rowlinson on January 31, that there was no legal basis to consider a late appeal.

"The Minister has given very serious consideration to the circumstances of this case and to your request," Mr. Rowlinson wrote. "This matter is further complicated by the fact that construction is well underway in accordance with the building permit issued on October 26, 2001. Construction began on December 21, 2001, a month before your letter of January 21.

"Accordingly, there is no legal basis on which to accept such a late appeal."

Nevertheless, The Royal Gazette understands Mr. Lister met with the Smiths' family on Monday in an effort to hear their concerns.

Gena Smith's said that the family intends to have independent surveyors assess the property to determine whether the trenches for the electrical work crossed their boundary.

If that is the case, Ms Smith's said she will bring the evidence to the Minister and the family intends to continue to fight for concerns to be heard by the DAB.