firm's plans to build a housing development on Ship's Hill.

Save Open Spaces trustee Ian MacDonald Smith said the Development Applications Board should never have allowed the application by Bermuda Properties Limited to go through.

"Yes we will be appealing the DAB's decision. We have to appeal the decision of the DAB. We obviously feel that the DAB was completely erroneous in approving the application on that site.'' BPL was granted planning permission this week for a housing development at the Castle Harbour Resort at Number Nine Paynter's Road. The approval is subject to 21 conditions including the monitoring of the environment before, during and after construction. BPL wish to build 13 two-storey houses with swimming pools and garages, 13 two-storey town houses, a communal pool, four tennis courts and a water storage tank at the site.

SOS, the National Trust, the Mid Ocean Club and individual objectors have protested BPL's application.

Mr. MacDonald Smith stressed that SOS was not against the development but believed BPL should carry it out next door to Ship's Hill in an old quarry.

"This decision is absolutely abysmal, especially when you consider that the quarry is right next door.

"We are not against the Bermuda Properties Limited development, we are against them developing there on Ship's Hill.'' SOS are concerned about the environmental impact development will have on the site despite a statement which BPL had prepared that claimed there would be no damage to Church and Bitumen Caves which are below it.

The caves house 11 endangered species of microscopic shrimp-like organisms.

SOS are concerned that there could be damage to the caves during construction work or chlorine may leach from the swimming pools into the cave water.

Mr. MacDonald Smith said: "Experts on marine biology and cave ecology are all of the opinion that development on the site will have a detrimental impact on the native and endemic species in the cave without a doubt.'' And he pointed out that the Planning Statement stated that if development could potentially cause damage to a cave or its ecology then the DAB must turn down the application.

Mr. MacDonald Smith also noted that if Bermuda had signed onto the Treaty of Biodiversity then the DAB would not have been able to even consider the application.

Britain signed onto the treaty in 1992 as did the British Virgin Islands, the Caymans and Gibraltar.

This meant Bermuda, as the largest Dependent Territory in terms of population, looked very bad in environmental terms.

"It has environmental legislation in place which is not practised. If it was practised then the DAB would have turned down the application.'' Prior to BPL commencing building operations at the site, an application for a building permit will have to be made and approved, said the DAB in its minutes.

ENVIRONMENT ENV