The Development Applications Board (DAB) refused planning permission to a developer who already had Planning permission to build homes near a Nature Reserve behind Tom Moore's Tavern.

Bruno Fiocca was refused Planning permission to build four new homes at No. 7, Walsingham Lane, Hamilton Parish on February 15, because his plan did not comply with a 15-foot setback from a Nature Reserve boundary.

The Bermuda National Trust objected to the plan on November 23, 2005, however, the Historical Buildings Advisory Committee's Chairman John Kaufmann told Planning on November 3, 2005, that it did not object to the plan.

David Benevides of architects Benevides & Associates said in the December 5, 2005 application, that his client had already been given Planning approval to build six two-bedroom, two-storey tourist units at the same location in 2003.

"This appears to have been done in error," the DAB said. "The Government Conservation Officer and a Technical Officer from the Forward Planning Sector visited the site with the applicant and agreed that the area zoned Nature Reserve was larger than was actually covered in mangroves."

The land zonings around the Tavern ? a Grade One listed building now used as a restaurant ? included: a Cave Protection Area, Nature Reserve, Woodland Reserve, Agricultural Land, Open Space and Residential Two, it said.s

It said the Bermuda Plan 1992 did permit some interpretation of the zoning boundaries, however, as the difference in his case was as much as 52 feet, this would not be an "interpretation" so much as a complete re-zoning of the Reserve, which it could not do.

The DAB admitted it never should have approved the six tourist units but should have refused it, which at least could have resulted in a successful appeal to the Environment Minister.

"The application is not considered reasonable," it said.