Bierman's Concrete Products was objecting to the residential zoning of their premises off Lolly's Well Road, in Smith's.

Land surveyor Mr. Ian Waddington put the company's case to the objections tribunal into the Bermuda Plan.

The objection concerned residential zoning of the Bierman's site and the neighbouring quarry.

Mr. Waddington said: "The site has a very heavy industrial use. It is one of the most heavily used sites in Bermuda. It is a hive of activity.

"What you see there is no secret. The Planning Department has had a plan which told them what the level of the land would be. And every six months there has been a check to make sure the quarry is being properly maintained.

Lawyer for Bierman's Mr. Mark Ray pointed out that the site has been used for about 53 years.

Mr. Ray said the cement works had gone on with Government's blessing until a problem arose in 1985. The Minister of the Environment at that time, Mr.

Haskins Davis stated that the rights to use the land were "temporary and transitional.'' Confusion has arisen over a court judgement stating that Bierman's could continue to use the industrial site and the quarry. But the planning department has zoned the area residential which was confusing to the public according to Bierman's.

Linking the industrial site with the quarry, Mr. Ray said: "The Development Applications Board's position in regard to the quarry is that they are unsuitable for residential development.

"The Minister's position in regard to the Bierman portion of the quarry is that he will not take, or has not taken, any position at all after three years.

"But the Director maintains residential zoning before this Tribunal, thereby prohibiting industrial usage. Mr. Bierman's development rights are blocked.

"Does Government wish the industrial site and the quarry to be zoned as a national park, agricultural, nature reserve, open space, woodland reserve or for hydroponics? It obviously does not want it to be used for either industrial or residential purposes.'' Tribunal member Mr. Peter Smith stressed that the important point was what the company intended to do with the site in the future.

Mr. Ray said: "Bierman's position is that it has had a business there for 53 years. And they will continue for another 53 years or 75 years or 100 years.'' He admitted the quarry had been worked out and was being used as a storage area because there was little room on the industrial site.

The site will be allowed to be used for industrial purposes as long as the Bierman's business continues.

Objecting to the use of part of the quarry, owned by the Corrado Trust, for housing Mr. Norman Thomas representing Manor House Properties complained about the impact on the area.

Mr. Thomas said 1,000 residents, 300 houses and the subsequent increase in traffic would cause major problems.

But Mr. Peter Cooper, representing the Corrado Trust pointed out that Mr.

Thomas was using the most extreme example of properties allowed on the site.

Mr. Cooper said the area was unique in that houses could be built without having any visual impact on the landscape.

Chairman Mr. Jack Lightbourn said that years ago no-one would ever have thought of building near to the quarry, but now there is a "little village'' there. He said the people in the village were now complaining about having the quarry nearby.

The tribunal has looked at some 400 objections and will begin to make decisions at the end of next month.