that he flouted laws of natural justice by refusing to say why he gave a huge development project at Castle Harbour Resort the green light.

A special development order was issued by the Minister last week to owner Bermuda Properties Ltd. giving it permission in principle to build 46 luxury condos, a two-story shopping complex, cycle livery and swimming pools on the property.

"We have done nothing unusual in this instance,'' Mr. Simons said. "When planning approval is given, we do not give reasons for it.'' Under Section 15 of the Development and Planning Act 1974, the Environment Minister has the authority to bypass the Development Applications Board and issue special development orders.

Mr. Simons claimed critics, the Bermuda National Trust and lawyer Mrs. Georgia Marshall, appeared to be unaware of planning procedures that provided for such orders.

There was nothing new in the use of special development orders, he claimed, adding that the decision had not been made in a cavalier way.

A number of Government departments had been consulted, including members of the Development Applications Board who had backed the scheme.

Mr. Simons admitted a special order had been issued in this case because parts of the development proposals extended into conservation areas.

However, the majority of the property which is zoned as "tourist'' could legitimately be developed, he said. Under the Act, tourist zoned areas may be developed for tourism and residential uses.

He also denied accusations that the deal had been rushed through.

Plans for developing the Castle Harbour Resort had been well publicised, he said, with two newspaper advertisements, a display at the Planning Department and a press conference by owners Bermuda Properties Limited on July 8.

Objectors had been given a standard two weeks to lodge complaints.

Mr. Simons also expressed surprise Bermuda National Trust president Mr. David L. White had spoken out on the issue after the Trust had filed only a limited objection.

Chairman of the Trust's Environmental Committee Mr. Timothy Marshall stated in a letter to the Director of Planning last month that "to a great extent'' the proposed development was "tolerable from an environmental perspective''.

Mr. Simons said conditions outlined by the National Trust relating to the protection of caves, rare Yellowwood trees and contamination of the underlying cave system would be complied with.

Tourism needs new plan By the Minister's order, an environmental impact statement, cave surveys and details of a new sewage treatment facility would be forwarded with the plans to the Development Applications Board.

The order also included conditions that measures be taken to "ensure the integrity of (Church Cave) and preserve its natural state.'' (BPL proposes to open the cave under Ship's Hill to the public). Proposed nature trails would be designed to preserve Yellowwood trees.

"The National Trust decided not to mount a major objection,'' Mr. Simons said. "I can only assume they thought it was in the interests of the country at large and that the environmental impact was tolerable.'' It was, he said, "as much of a endorsement that the National Trust would ever give to a major development''.

But in conclusion to his letter, Mr. Marshall wrote that the Trust hoped BPL would be "content'' with redeveloping Marriott's Castle Harbour Resort and the surrounding property.

One behalf of the Trust he requested that BPL either donate Catchment Hill, also owned by BPL and which the Trust seeks to preserve, to the people of Bermuda or agree not to develop the "historic and environmentally important tract of land''.

Earlier this week Mr. Marshall admitted the Trust's "hands'' had been somewhat tied over the issue.

But yesterday Mr. Simons reaffirmed his position that improving Castle Harbour Resort was vital to Bermuda's tourism industry.

"There is a need to upgrade the Bermuda product.

It is a legitimate developmental need of the community,'' he said.

Questioned over whether the proposed luxury condominiums contributed to the upgrading of the hotel, Mr. Simons said the concept of residences within a resort was extremely commonplace.

However, he gave no indication whether the Marriott group, which has threatened to pull out if it continues to lose money in Bermuda would stay if the project went through.

But even if it did, the resort and golf course would be significantly upgraded to the benefit of any future hotel that leased the property.

Editorial: Page 4