Environment Minister Neletha Butterfield has overturned a decision by the Development Applications Board, approving in principle 62 new homes to be built at Fritholme Garden Estate near the Elbow Beach Hotel.

In April the planning application was refused because five detached three?bedroom villas were to be built over an acre of protected woodland.

Phase one of the plan, which Ms Butterfield approved last week, includes 15 two-bedroom townhouses and five villas.

Twelve one-bed homes, 45 two-bed homes and the five detached three-bed homes will be on the Fritholme Garden Estate once building has been completed.

Ms Butterfield approved the plans, but only on the condition that a woodland management scheme be introduced to remove invasive species and to replace storm damaged trees.

The Minister said all new roadways had to be suitably drained to ?avoid the discharge of storm waters into the public road or neighbouring property?.

Planning Inspector Brian G. Field, who was brought in from Britain as an Independent Inspector, said that ?the threatened area of woodland (was) a former part of an important bird and wildlife habitat ... although an offer has been made to trade the woodland for a disused roadway, the area is significantly smaller than what would be lost with no apparent planning gain?.

Half an acre of woodland will be swallowed in the construction.

?The wood does indeed function as an important green buffer between two large developments. It has habitat value for both local and migratory bird life? Mr. Field said.

There were also concerns about the volume of traffic that would be generated by the cars from the 99 parking spaces to be built.

Indeed, there were concerns that the roads would not cope with the drainage from the new road surfaces.

The stability of the area was questioned, ?particularly in light of the wall and bank collapse in the immediate area, which resulted in loss of life?.

In January 2003, young mother Andrea Bacari was killed in a landslide when a retaining wall between Bermuda College and Elbow Beach hotel collapsed.

But Mr. Field said at a meeting on December 16, 2003, E.B. Properties ?argued that the site is sandy but the houses would essentially function as retaining walls?.

A large water catchment area on the 15-acre site also needs to be demolished. Technical officers were concerned about the quantity of debris created by this demolition.

However, Mr. Field recommended that the project go ahead because ?the economic efficacy of the scheme would be compromised? if the five villas were not built.

Mr. Field said that without the villas, more houses would have to be built on the other 14 acres, resulting in an ?inferior design solution?.

Agents for the build, s.h.y. architecture. said they expect to break ground in the next six months.

Permanent Secretary of the Environment Brian Rowlinson said the Minister ?never makes statements on appeals?.