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Government acting like a `Third World Dictator'

blew up again yesterday, with Government accused of behaving like a Third World dictator.The latest dispute is over land owned by Mr. Bierman next to Ferry Reach national park.

blew up again yesterday, with Government accused of behaving like a Third World dictator.

The latest dispute is over land owned by Mr. Bierman next to Ferry Reach national park.

He wants to use it for storing imported gravel and Government wants to keep it as green space.

Tempers flared as planners clashed with Mr. Bierman's representatives at a hearing to decide the issue.

It was held by the tribunal hearing objections to the new Bermuda Plan, Government's rulebook for future development.

Yesterday's row follows a bitterly-fought Supreme Court case between the Environment Minister and Bierman's Concrete Products, to decide if the company could continue operating at Rocky Heights in Smith's Parish.

Bierman's won that battle. Mr. Bierman is now objecting to Government zoning his Ferry Road land as open space. He wants it zoned for industry.

The tribunal heard the site is a mix of woods, farmland and scrub, with buildings from the old Astor railway.

The Planning department says the site is an "extremely important'' natural open space, seen as an extension to the park and enjoyed by railway trail walkers.

Enough industrial land is available elsewhere, officials argue. More would be released when the Base closes.

Mr. Bierman's lawyer, Mr. Mark Ray, told the tribunal: "This is another example where politics seems to rule the day and policy considerations tend to fall somewhat into the background.'' Failing an industrial zoning, the land should be zoned residential, as it had been in the past, he said.

Mr. Kevin Chambers, a director of a Bierman company, said unsocial activities were taking place on the land.

When Government compulsorily purchased the land for the national park it promised to plant a barrier hedge, but this had not been done.

"People are using our property as if it were part of the park,'' he said.

Planner Mr. David Moore stressed the area was unspoilt, with native vegetation and longtail nests.

If Bierman's went ahead with their plans the land would be a quarry for "a good many years'' while it was levelled.

There were alternative dock areas available to bring in gravel, and two operators were thinking of importing it. They were looking at less environmentally-sensitive sites.

Mr. Chambers denied there were any plans to quarry. The site was just wanted for storage -- Rocky Heights could not be used because it would mean heavily-laden trucks using bridges.

Surveyor Mr. Ian Waddington, for Mr. Bierman, said the department was taking 20 acres away from the owners with a stroke of a pen.

"It is grossly unfair for the department to say that this site is seen as an extension of the national park. A national park must stop somewhere.'' Industrial areas near airports were usual, and the oil docks complex was to the east.

"In the event that this tribunal is unable to arrive at a decision on this property with reference to its industrial potential -- and believe me I would not wish to be in your shoes when making such a major and national decision -- please bear in mind that we are talking here about complete loss of development rights.'' Mr. Bierman had not developed the land earlier because he had been "graciously'' waiting for a Planning study.

In this waiting period he tried to get approval for a temporary store -- a matter which was still in the hands of the Minister.

"Mr. Bierman has been a very patient landowner and his patience has been rewarded by treatment resembling dictators in Third World countries.

"It is clear that Government are seeking to gain an extension of their national park at the expense of the private landowner.

"If they want this land then they must pay full market price based on development rights.'' A failure to accept part residential zoning as a compromise "must be seen to be the biggest and most unfair run-around that any property owner could experience in the history of democratic society''.

Mr. Michael Bierman.