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Privy Council hears ACE case

on a case which has major implications for Government's planning rules.Over two days this week the Privy Council, in London, heard a case brought by former hotelier David Barber against ACE Ltd. over a two-storey extension to their offices.

on a case which has major implications for Government's planning rules.

Over two days this week the Privy Council, in London, heard a case brought by former hotelier David Barber against ACE Ltd. over a two-storey extension to their offices.

The court reserved its judgment and is expected to give its decision in the next six to eight weeks.

Mr. Barber, 83, is fighting a decision by former Environment Minister Gerald Simons.

He approved the extension after the Development Applications Board turned it down because it went against planning guidelines in the 1992 Development Plan.

Mr. Barber said the extension which took the building to five storeys, ruined his view and privacy.

His attorney, Kiernan Bell, is arguing that the Planning Minister should be bound by the 1992 Plan which Government says is just a policy document and can be applied by the Minister at his or her discretion.

The case will set a precedent whichever way the Privy Council rules because it will give a definitive ruling on whether the Planning Minister is bound by the Plan or can exercise discretion.

The ACE Building, on the corner of Pitts Bay Road and Woodbourne Avenue, is owned by Scarborough Property Holdings Ltd which is 60 percent owned by BF&M and 40 percent by ACE.

On Thursday, Scarborough Property was represented by Saul Froomkin and Andrew Martin from Mello, Hollis, Jones and Martin. Government was represented by Attorney General Elliott Mottley.