Based on the comments of Environment Minister Neletha Butterfield, written in this newspaper yesterday, the Shadow Minister Cole Simons released a scathing e-mail criticising the Department of Planning for a lack of transparency.

"The Minister's evasiveness is shameful," Mr. Simons said. "It implies that she too believes that Bermuda's land and property development process has failed. "Her no comment stance, demonstrates the height of disrespect for the people of this country, on matters of such national importance."

The Minister of Environment is in the hot seat because, almost single-handedly, she holds the fate of six tourism related Special Development Orders (SDOs) at a time when most experts believe the tourism product in Bermuda desperately needs revitalisation.

SDOs allow developers to expedite the construction process and bypass some of the planning regulations, like periods of public input for example.

An Environment Minister is permitted to grant an SDO if the project meets the definition of national importance. When pressed last week for a definition of national importance, Ms Butterfield offered a "no comment".

However, at that time, she provided a list of SDOs granted by her and other Ministers of Environment dating back to 1984 (see panel).

Ms Butterfield explained yesterday, after being told of the comments from the Shadow Minister, "transparency is the list you've got".

Mr. Simons' criticism though stretched beyond just transparency. He also demanded the Planning Act (1974) be updated and that the Department of Planning face an immediate audit. "In my opinion, it appears to be an indictment of the planning process," Mr. Simons said after reading Minister Butterfield's words.

"It is implied," he continued, "that our planning laws are draconian."

During a lengthy in person interview on January 17, the Minister of Environment answered a long list of questions on everything from the increased use of SDOs to rising sea levels and climate change.

However, when asked for a definition on "national importance" she said she could not provide an answer because "you're specifically going into Southlands and then it will be quoted exactly what the Minister said".

Southlands is the 37-acre property on Warwick's south shore that developers want to convert into a new hotel property with the help of two SDOs.

Before the interview began last Wednesday, was advised by a Government spokesperson in an e-mail that specific questions about Southlands could not be answered: "The Minister cannot answer any questions on the proposed Southlands development as that matter is the subject of an application to the Development Applications Board.

"The Minister has a statutory responsibility to deal with appeal matters and cannot be seen to be influencing the DAB process in any way, especially by commenting on the DAB process, in case such matters come before her on appeal."

With that understanding in place the Minister was asked instead about her interpretation of "national importance".

She did not answer the question directly.

Ministry Permanent Secretary Wayne Carey was also present for the interview.

In an effort to give an example of a nationally important development he said: "Housing is a very important, national agenda item."

That's when he pointed out the list of SDOs from the past three decades.

"You see in the list that was provided to you there was at least one housing initiative that was dealt with by way of a Special Development Order.

"So in addressing that national agenda, the Minister responded to that in terms of using her powers under the Act to enable something to be done," Mr. Carey said.

The list covers SDOs given during periods of both Progressive Labour Party Governments and United Bermuda Party Government's. Minister Butterfield pointed out yesterday that nationally important developments included doctor's offices, a water plant, and churches.

Another aspect of Mr. Simons' argument highlights his belief that the Department of Planning is overusing SDOs because it can not manage the current workload through the traditional planning process.

He says an audit will address that shortcoming. "SDOs are only issued," Mr. Simons said, "when the development is in the best interest of the country and when the current planning laws and the Bermuda Development Plan fails to adequately address such development. "The six pending SDOs indicate that we have a real problem. It is totally unacceptable."

Although guarded when talking about how she decides an SDO, Ms. Butterfield said she fully welcomes the public's participation in the process of planning ? even when the popular view may be different than her own. "I think it's very important," she said, "I really do embrace it. There are those that are going to be for and there are those that are going to be against, let's talk about it."