The people behind a proposal to build Bermuda?s second dolphin swim park will be waiting until early next week to receive news on their application despite a last minute attempt to withdraw it.

Rudolph Hollis, Director of Planning, told yesterday that Martin and Lynn Hassell ? the people behind the proposed second dolphin swim facility ? attempted to withdraw their application and have it taken off the agenda for consideration by the Development Applications Board (DAB).

But, at that point, it was too late to withdraw and the DAB met on the matter yesterday in a lengthy session.

Mr. Hollis said the applicants had also asked the Department to change its refusal recommendation, however, that request was denied.

Planning regulations do not allow a withdrawal when technical officers have already issued their refusal notice, he said.

The DAB is the first step in the Planning process for the Hassells, who submitted an application to build the Bermuda Dolphin Oasis at Sinky Bay on the site of the former Sonesta Beach hotel.

Their plans have been closely followed by hundreds of local and overseas environmentalists who are concerned about the environmental implications of dredging the bay and the possible dangers to dolphins, in the event of a hurricane, if they are kept on the South Shore.

Should the application be turned down ? yesterday Mr. Hollis would not release the DAB?s decision ? the Hassells can appeal and have the application sent to Environment Minister Neletha Butterfield for consideration.

Ms Butterfield has the final say.

Her ruling can be appealed to the Supreme Court but only on a point of law.

?We were not prepared to change the recommendation but that was due to the technicalities associated with this application,? Mr. Hollis said.

The decision will be made public next week.

Acting Permanent Secretary of the Environment Dr. Tom Sleeter has not returned repeated calls from this newspaper seeking explanation of Bermuda?s laws and regulations with respect to dredging local bays and sewage issues along the coastline of the hotel property.