The National Parks Act will not have to be amended to enable a beach bar to go ahead at Warwick Long Bay.

Drew Pettit, park planner at the Department of Parks, said "a solid process" is already in place, which has resulted in similar concessions at Horseshoe Bay and the Lighthouse Tea Room. The Department however, will stipulate certain restrictions as part of a lease being drawn up by Government's landlord, Works and Engineering.

Last night, Environment Minister Glenn Blakeney also gave his reasons for upholding applicant Belcario Thomas's appeal for the 'Sandbar', a 60-seat restaurant and cocktail bar.

Mr. Blakeney said: "This initiative highlights Government's commitment to sustainable development.

"As has been said in the past, sustainable development doesn't mean 'no' development. It means responsible development that benefits Bermuda environmentally, socially and economically.

"As the Minister responsible for this application, I am convinced that the social and economic benefits of this project are important to the continued revitalisation of Bermuda's tourism product, as well as fulfilling Government's desire to encourage Bermudian entrepreneurs."

The Minister added: "Indeed the Ministry of Tourism and Transport voiced their support for this initiative from the very beginning. The development is subject to very strict guidelines to ensure minimal impact to the environment."

Last month, former UBP MP Quinton Edness claimed in order for a beach bar to go ahead at Warwick Long Bay, the law would have to be changed. Mr. Edness, a former Minister of Works, Agriculture and Housing, said the land would have to be delisted from the Bermuda National Parks Act 1986.

"Should the Government proceed with a development, or sanction a development on a listed property, it will be violating its own law and so could be subject to a legal challenge," said Mr. Edness.

But Mr. Pettit said yesterday: "The Parks Act would not have to be changed. The reason for that is there's plenty of precedence out there. Such a concession is a permitted use within a national park."

Mr. Pettit said that as Government's landlord, the Ministry of Works and Engineering must approve any lease.

Under the National Parks Act 1986 (Section 24) and the Bermuda National Parks Regulations 1988 (No. 12), the Environment Minister has the authority to issue a permit for any development or use within a park, such as a concession or youth facilities. This then becomes part of the lease by the Ministry of Works and Engineering.

Mr. Pettit said the lease contains "the nuts and bolts" of what is allowed by the applicant. The Parks Department draws up its own list of conditions, such as hours of operation and trash disposal. "It's a solid process. The permit process means there is no need for any regulations to be changed or for Warwick Long Bay to be taken out of the parks system," said Mr. Pettit.

"Such a concession is seen as a suitable use for a beach. It is supported by the National Parks Act."

Mr. Pettit added: "If this beach bar application goes forward there will be a whole host of conditions for use which the Parks Department will request to go in the lease. The lease is still in process, as we are aware."

The Liquor Licensing Board will be responsible for issuing any seasonal licence, in accordance with the Liquor Licence Act.

The 'Sandbar' will be situated to the west of the Warwick Long Bay car park and will consist of a split-level wooden decking, with panels anchored into the sand to enable their removal at the end of the summer season or in a hurricane. The 2,500 sq ft development will be operational between May and November, with a mobile kitchen and 'Port-a-loo' toilets.

Planning officers refused permission for the beach bar as Warwick Long Bay is zoned as Open Space and a National Park Conservation Area. The Development Applications Board said the 'Sandbar' was contrary to the Bermuda National Parks Act 1986 and the Bermuda Plan 1992 Planning Statement.

Mr. Thomas however, appealed the DAB rejection of the project and this was upheld by Mr. Blakeney.

Last night, a Government spokesman said Mr. Blakeney has set out ten conditions the developer must comply with. These include only using 're-usable serving containers' to avoid trash, developing a pest control programme, restricting audible music to within 100 metres, and improving washroom facilities.

The spokesman listed the following facilities as setting a precedent for the 'Sandbar': Snorkel Park; Horseshoe Bay; Gombeys at Clearwater; Tobacco Bay; Fort St. Catherine Beach; Tucker's Point Beach; Elbow Beach; Whaler Inn; and at The Reefs (Coconuts Restaurant).

Residents and environmental campaigners however, say they are ready to stage "on-site protests" against the 'Sandbar'. Among their objections are potential noise, litter and parking overflow, while some have called the project an environmental "travesty".

They say they will oppose any application for a liquor licence and have joined with the Bermuda Environmental and Sustainability Taskforce (BEST) to organise a series of petitions and Town Hall meetings.