unfair advantage, according to developers.

Only planners are allowed to see the reasons for appeal decisions and can then use them in future cases.

One such case arose last week in the latest tribunal looking into objections into the 1992 Bermuda Plan.

Mr. Sturgess Davis and Mrs. Frances England were objecting to the size of a nature reserve zoning on land off North Shore Road in Shelly Bay.

Mr. Ian Waddington, representing the objectors, said the only place they could build a house was close to the public road but they wanted it further back on their property.

Also representing the objectors, Mr. Sean Davis added that building on the land would be consistent with other lots to the east.

Government planner Mr. David Moore said building on the land had been refused on two earlier occasions.

An inspector found the reasons to be unreasonable but left the ultimate decision to be made by planners who were rezoning the land for the Bermuda Plan.

But Mr. Davis complained that the objectors had never been able to see the inspector's report although planners could use it to support their arguments.

"We have never been able to look at the report,'' he said. "If we were in a court of law and the judge gave a ruling, the ruling would go to both parties.

"In the planning process it only goes to one side, the Planning Department.'' Mr. Moore added that the site was "extraordinarily sloping''.

In a similar case, Mrs. Gail Maitland wishes to build a house on Crada Glen, on Ord Road in Paget.

Again planners had agreed to allow development close to a public road, but Mrs. Maitland and her brother Mr. Alec Anderson complained to the Objections Tribunal.

Representing the family, Mr. Ian Waddington told the tribunal that their late father Mr. Colin Waddington had appeared in front of a similar tribunal in 1983. Although the tribunal ruled against Mr. Waddington, the Minister of the Environment, in a rare decision, changed it.

He pointed out that there was an orchard which would make a good area for the building of a house.

Mr. Alec Anderson said the plans were only for a small development leaving the rest of the land arable.

Department of Agriculture representative Dr. Roberta Dow said: "The department does not support this development of this fine piece of arable land.

"Several of our officers visited the site and took soil samples. It is good quality. Even the orchard is good arable land.'' Chairman of the tribunal Mr. Jack Lightbourn said that decisions would be made after March.