A 1740s listed building that used to be a brothel is being encroached upon by the construction of new offices on East Broadway.

And in order to build the new office building ? located next door to the Queen of the East ? another 18th Century building has been de-listed by the Environment Minister.

The Environment Minister has free reign to take any building off the historical buildings list if the owners desire it as there is no other formal process.

"A spokesperson for the Department of Planning said that this building was removed from the list by the Minister on July 15, 2003 after a request by the owner to de-list and the Minister's review of file," the Department of Communication and Information said last night.

"Although Section 30 of the Development and Planning Act 1974 gives the Minister the authority to include buildings on the list, the legislation does not speak specifically to removal from the list and so there is no formal process for removing buildings from the list.

"However the legislation does speak to the amendment of the list but does not elaborate on how this should be carried out. For each building removed from the list, the Department amends the list held at the Department's reception area, after confirmation of the Minister's decision.

"A total of seven properties have been de-listed including this one," it said.

Construction on the new RenaissanceRe office building on East Broadway had just been completed when permission to build a new five storey office building was sought.

The old Island Coffee building was demolished in order to build Renaissance Re offices on Crow Lane, Pembroke.

Although "Windward Place" has not yet received planning permission, architectural drawings by Linberg & Simmons show a generator room and fuel tank in the eastern boundary wall of the new building pushing against the 265 year-old western wall of the Queen of the East.

And in order to build Windward Place, the newly de-listed building will have to be demolished and the site excavated by up to three storeys, impacting the structure of the former house of ill repute.

The Queen of the East, on 26 Crow Lane is a grade one listed building and has a colourful history as a bakery, laundry as well as a club for soldiers and sailors at the old military base in Prospect.

However, the Paragon Trust has made an application to the Department of Planning to build Windward Place on top of the buildings next door, 22 and 24 Crow Lane.

But East Broadway Marine or 22 Crow Lane, used to be a grade three listed building, before Minister Neletha Butterfield removed its historic status.

East Broadway Marine is a late 18th century building built by George Darrell, the same man who built the Queen of the East.

"An early photo clearly shows it as part of the same property," the historic buildings list said. "It is a fine sample building".

However, just three days after the application for Windward Place was received, a note was made on East Braodway Marine's file that it had been de-listed .

Director of Planning Rudolph Hollis wrote to the Historical Building Advisory Committee while the plan was under review. However, it is not known what the Committee's response was, as the Committee's letter of response was not contained in the East Broadway file.

The planning application was sought by the Paragon Trust whose web-site said it provides trust and estate administration to its clients.

Paragon Trust have refused to answer the media's questions saying it was company policy not to talk to the media.

The Bermuda Government's Land Valuation web-site said East Broadway Marine consists of the Bermuda Island Cruises Offices with an annual rental value of $49,000 and also the Marine Gas Station of East Broadway Marine at $19,200.

The Queen of the East is a low red building, next to the Blue Waters Angling Club and across the street from the East Broadway gas station.

The Queen of the East was listed on August 30, 2002 and the owner was the late David Wilkinson.

The final day to legally object at the Planning Department about the proposed office building is today.