Planning officers said they called Police into a site at Devonshire Marsh this week after two companies continued to flout a stop order banning them from dumping.

Planning obtained the stop order against Rodrigues Trucking and Rodrigues Excavating last month, but the companies have continued to dump and process material there and were still working yesterday.

Bermuda National Trust is furious and believes the companies are planning to flout the law by dumping and filling in marshland illegally until they are dragged into court - when the land will already be damaged beyond repair.

And the Planning Department, which says the site has never had permission to be used as a dump, say they have written twice to company owner Paul Rodrigues and have not got a written response.

But Mr. Rodrigues claimed yesterday that the stop order was wrongly worded because it banned him from dumping on agricultural land - while he claims he is only dumping on industrial land.

And he said his lawyer had told him it was irrelevant whether the site had permission to be used as a dump because the dumping had gone on for more than seven years, and the use could therefore be "grandfathered" in.

Building control say that not only is there no permission to dump at the site, but that Mr. Rodrigues' companies have intensified the removal of soil, increased the height of the mound, are using agricultural land, and are also filling in the marsh.

A Building Control officer told The Royal Gazette last night: "We got the stop order last month and we've met with him (Mr. Rodrigues) and written to him twice and we've had no written response.

"He is trying to tell us it is an existing dump area, but it has never been legally established as a dumping area, but he's just dumping huge amounts.

"We called the Police onto him on Monday and we are continuing to tell him `no' and he is continuing to contravene the law. I understand the Police went there to try to build a case.

"I went there yesterday and there was still a worker doing it and I understand they are still dumping today. We are working on the next step and I guess we'll just have to take this to court."

Bermuda National Trust environment and conservation officer Peter Drew said yesterday: "It is completely ignoring a stop order.

"I've submitted to the Planning Department pictures taken in late November and current pictures of work to date because it has been said that this is an existing use when quite clearly its an extensive increase of use.

"The problem we have is that because it is Christmas and people are going away, these people seem to be prepared to flout the system, bulldozing into an agricultural lot then taking whatever ramifications that come if it gets to court, when the damage will be done by then.

"It is similar to cutting down a tree. If open marsh is overfilled and you then remove the fill it impacts on the entire lot to cause it to be inconsequential."

But Mr. Rodrigues hit back: "They are saying we are dumping on arable land but we are dumping on industrial land. It's not an issue for anyone, it is private property and it's a private business.

"We've produced an affidavit say that for 20 years it has been used for processing material and rubble and parking trailers so we've been grandfathered it.

"Previously it hasn't had planning permission but my lawyer has said that if it has gone on for more than seven years it is grandfathered in and planning can't come in and change that if they didn't catch it the first time.

"The stop order is not in dispute. It says stop dumping on agricultural land, but we are dumping on industrial land. People tell me the Police were there but I didn't see them."

And Mr. Rodrigues claimed that on Monday Planning enforcement officer Sheldon Fox drew a line on the land and told him it would be acceptable to dump there. He said he had adhered to this.

Bermuda Police did not respond to calls yesterday to find out what action they had taken.