Shadow Environment Minister Cole Simons has called for an illegal building in St. George's to be torn down and urged Government to "come down hard" on anyone flouting Planning laws.

The three-storey home on Lot Six, Tranquillity Lane, is being built without the consent of the Development Applications Board.

The DAB said Calvin Richardson and Derek Wright, of Richardson and Wright Construction of St. David's, had broken the law by starting work on the project and has told Environment Minister Neletha Butterfield to "take appropriate measures".

With "flagrant Planning violations up and down the Island", Mr. Simons said heavy fines might not be the answer. "Imprisonment could be a possibility if they are repeat offenders."

Mr. Simons was reacting to comments made last week by DAB chairman Robin Spencer-Arscott, who said: "When someone does something without proper approval we take a dim view of it ... All we ask people is to follow the rules."

Planning director Larry Williams issued a stop work order at Tranquillity Lane in October, 2004.

Mr. Spencer-Arscott said Mr. Richardson and Mr. Wright "went ahead and built" a two-dwelling unit without approval and then sought retroactive Planning approval.

"This is a way to get approval after the work has been done," Mr. Spencer-Arscott said.

Mr. Simons pointed to other illegal developments recently at Devonshire Marsh, Ferry Reach and Gilbert's Bay.

"We need to set an example," Mr. Simons said. "Go after the construction company, go after the architect, go after the excavating company.

"They ought not to start any project unless they see and approved Planning document.

"If they do not, they are negligent in their professional responsibility."

He said senior members of the Planning board have told him they feel like "a pit bull with no teeth".

"Appeals should only work their way up to the Minister when it comes to major policy changes and ones of sensitive matters only," Mr. Simons said.

However, Mr. Spencer-Arscott said that no present members of the DAB said they felt like "a pit bull with no teeth".

Last summer at Ferry Reach, Rodrigues Trucking and Excavating Ltd. sealed the entrance to what was considered a "significant" cave.

Last month Henry Talbot of Southampton was denied retroactive planning approval by the DAB after he made illegal alterations to a cliff face on Gilbert's Bay on land zoned as woodland reserve and green space.

A court case could soon be pending on behalf of neighbouring land owners whose access the beach where natural rock formations and long tail nests were destroyed during the construction work.

"Now we will see if any prosecution takes place (against Mr. Talbot)," Mr. Simons said.

"I would like to see if the law is adhered to and penalties meted out in accordance with the law. We cannot have another Gilbert's Bay. We cannot have another Ferry Reach.

"We cannot have another Devonshire Marsh, and now we can not have another Tranquillity Lane.

"Government must come to the wicket and address this problem now. No development without Planning approval," he said.

Chris Farrow, Acting Permanent Secretary of the Ministry of the Environment said this week that the addition of Aideen Ratteray Pryse to the department last May as a consultant will go a long way in introducing larger fines and simplifying the Planning process.

Ms Ratteray Pryse's report on changes to the Planning Act will be completed late next month, Mr. Farrow said.