air'' after it was learned yesterday that the man fighting the development is to appeal to the Privy Council in London.

Mr. David Barber, whose home is next to the building, instructed his lawyer Mr. Alan Dunch to appeal the Bermuda Court of Appeal's decision last month to overturn the Supreme Court's ruling that the development was illegal.

"We will be filing notice of motion for leave to appeal with the Court of Appeal on June 6,'' Mr. Dunch said yesterday. "If the Court of Appeal does not grant us leave to appeal, we will go directly to the Privy Council.'' The Court of Appeal ruled last month that the Environment Minister is not bound by Bermuda's development plan. Overturning the November 1994 ruling of Puisne Judge the Hon. Mr. Justice Meerabux, who sided with Mr. Barber, the Court legalised a two-storey addition to the Woodbourne Avenue office building.

The building expansion was completed before the Supreme Court delivered its ruling last fall and Mr. Dunch had demanded the top two storeys be torn down immediately.

Mr. Dunch had argued the Hon. Gerald Simons had no right to rule that the ACE Building could be extended to five storeys. He said the Development Applications Board had already ruled the addition was against existing planning regulations.

But Mr. Saul Froomkin, representing owner Scarborough Property Holdings Ltd., had argued the DAB was bound by the Development Plan, but the Minister was not.