The First Church of God has been given the green light by a judge to start work on a controversial two-storey car park off North Shore Road, Pembroke.

The project has a long history, which culminated in a bid by objectors to have the Minister of Environment's approval of it subjected to judicial review.

The church says it only has 100 parking spaces to cater for up to 1,000 worshippers, but protesters say it's an oversized project for an already crowded residential area.

In a blow to them this week, Puisne Judge Geoffrey Bell ruled that they should have gone down a different legal route — and threw out their proposal for a judicial review.

Greeting the decision, area resident Claudette Fleming said: "It is with regret that we have learned that the comfort, safety and protection of vehicles has succeeded over the comfort, safety and protection of the residents of the North Village community.

"As a result, the First Church of God's new parking lot, should it proceed, will serve as a monument of the increasing deterioration of man's love for his neighbour and his unfortunate disregard for God's Golden Rule, a sad reality of our times.

"Nonetheless, I commend the over 100 landowners, residents and petitioners, who history will record, have taken a noble stand against this development in the interest of protecting our community. While justice may appear to be failing us on this side of Heaven, we can find greater comfort in knowing there remains a final Day of Judgment."

Darrell Clarke, lawyer for residents including Mrs. Fleming named on the court action, indicated they may pursue other legal avenues to stop the car park being built. However, Government lawyer Martin Johnson, a consultant with the Attorney General's Chambers, said he would oppose further bids to get the Minister's decision overturned.

The church originally applied for planning permission to convert the single storey parking lot on its land at First Church Lane into a two storey parking facility in February 2002. This was refused by the Development Applications Board (DAB) in September 2002.

The church appealed, but that was disallowed by the Minister in 2003. In March 2005, the church submitted a further application for planning permission, but this was also refused by the DAB in September 2005.

An appeal against that decision was made by the church — but the protesters say they were not informed of this and were not consulted. In April 2007, the then Minister, Neletha Butterfield, allowed the appeal and granted planning permission. The residents claimed that they only became aware of the decision at this point.

The Minister's granting of planning permission was branded as a "political backroom deal" at the time by Shadow Environment Minister Cole Simons and UBP Pembroke Central election candidate Austin Warner.

They accused her of kow-towing to church leader Bishop Vernon Lambe, former head of the Bermuda Independence Commission, who they described as a "powerful and politically influential" figure. Ms Butterfield strongly denied the allegation, telling this newspaper: "My decision to approve the construction of the parking facility for the First Church of God was reasonable given the circumstances. There is no 'scandal' and there was no 'backroom deal'."

Three area residents, Mrs. Fleming — who says the car park would be right on her Crane Lane doorstep — plus Lauretta Lorna Stoneham and Janet Francis launched action to get a judicial review. Although leave to file for one was granted by the Supreme Court last August — meaning building work must be suspended — that leave was challenged by the Government.

In his ruling in favour of the Government this week, Judge Bell said a Judicial Review can only be used in special circumstances. The normal statutory route, he said, would have been to challenge the Minister's decision through an appeal under the Planning Act to the Supreme Court.

The protesters missed the three-week window of opportunity to take this route after Ms Butterfield announced her approval of the project, although they could have asked for an extension of time. Instead, they attempted some four months later to seek a Judicial Review.

Judge Bell described such a review as "a remedy of last resort" which could only be pursued in exceptional circumstances, of which there were none in this case. Mr. Clarke, lawyer for the objectors, said options including an appeal of Judge Bell's decision are available.

"Obviously we are disappointed with the ruling of the court in this matter. The issues are of a very technical nature and we will have to meet with our clients to consider them and what their options are. We are unable to advise on what our clients' next course of action may be at this stage but I can say that there are a lot of people who are very unhappy about the building of this two storey parking lot on the grounds of the First Church of God," he said.

However, Government lawyer Mr. Johnson said the decision meant the church could now start work, and commented: "I I think it's a good decision. The Minister granted permission, they took too long to take action. That could have been done within 21 days and they took over four months."