The entrepreneur behind a controversial beach bar project says the facility will not impinge on any flora or fauna.

Belcario Thomas said the 60-seat restaurant and cocktail 'SandBar' at Warwick Long Bay instead "seeks to respect, not to impede, the pleasure of us all continuing to enjoy Mother Nature".

He said: "Highly importantly, the concept does not touch, remove, or damage any vegetation or plants whatsoever".

Mr. Thomas was responding to developments in the application, which is now being contested at the Supreme Court in an appeal by the Bermuda Environmental Sustainability Taskforce (BEST).

On Monday a legal notice was published in The Royal Gazette, appealing the decision of Environment Minister Glenn Blakeney to uphold Mr. Thomas' planning appeal.

BEST accuses Mr. Blakeney of being "irrational", "illogical", "illegal" and "biased", and says his decision is "inconsistent" with section 22 of the Liquor Licence Act 1974 and section 4 of the Bermuda National Parks Act 1986.

An on-line petition against the beach bar has now attracted more than 3,100 respondents, while another 1,000 people have signed the paper petition.

Residents and environmental campaigners say they are prepared to stage "on-site protests" against the 2,500 sq ft 'SandBar', which is to be situated to the west of Warwick Long Bay car park.

Among their concerns are noise, litter and potential parking overflow, while others have called the project an environmental "travesty". Some conservationists have also claimed the development will uproot native vegetation such as the tassel plant.

Mr. Thomas the events' organiser behind Unite has previously said he will follow Government conservation and environmental advice to make the beach bar "as environmentally-friendly as possible". It will have split-level wooden decking, with removable panels in the event of a hurricane or at the end of the summer season.

Yesterday he said: "I understand and highly respect the concerns to protect our dwindling open spaces and fragile ecosystem. Our natural beauty is one of the things that makes Bermuda so special and unique which is why any concepts meant to add to the enjoyment of Bermuda must be responsibly tailor-made to be sustainable over the long term and look to enhance, not destroy.

"The Warwick Long Bay concession meets the test of sustainability. It carefully sits on less than 0.5 percent of the beach, not on the beach proper but off the side of the parking lot on a small clearing of sand.

"Highly importantly, the concept does not touch, remove, or damage any vegetation or plants whatsoever, none, zero, nada. This often derelict clearing of sand just off the parking lot has a small deck, some tables and chairs, and a mobile kitchen which, at the end of the season, the deck, furniture and kitchen is lifted and driven away.

"It's a laid back, casual offering of food and beverages which patrons may enjoy only on the temporary wooden deck. Take-out litter is eliminated and the low level noise of visitors and residents mingling, dining and enjoying a meal before late, during regular restaurant hours, is quite contained."