TIME has run out for Henry Talbot. The man who flouted planning laws by destroying longtail nests on a cliff face and bulldozing natural rock formations on a Sandys beach has been ordered to put right his illegal works and his deadline for doing so passed last week.

Now the Planning Department is preparing to send an inspector to check on whether the businessman has done what he is obliged to do. And if he has not, Environment Minister Neletha Butterfield can order enforcement procedures.

Prosecution may also be pursued under the Development and Planning Act 1974, which allows for a fine of $25,000 for each breach.

Our pictures, taken yesterday morning, show clearly the damage to the excavated cliff face at Mr. Talbot's East Shore Road property. At the time, Government Conservation Officer Jeremy Madeiros said at least five or six longtail nests had likely been destroyed, and some probably contained eggs or chicks.

In addition, pictured to the right of the jetty is an area of shoreline that Mr. Talbot underpinned with a filling of mixed cement and rubble. Some of the rubble was the debris from his bulldozing of two fingers of rock that used to stretch across the beach.

This work was carried out without planning permission. Mr. Talbot's application for retroactive planning permission stated that he carried out his works in the interests of public safety as damage from Hurricane Fabian had left the beach unsafe.

However, planning inspector Peter Cuming visited the site on July 12 this year and wrote in his report to Minister Butterfield : "I am under no illusion that what has happened at the appeal site represents a triumph of personal interests over the conservation of publicly owned areas.

"To claim that the changes wrought are the product of well-intentioned post Hurricane Fabian clear-up activity is not convincing."

The Development Applications Board (DAB) rejected Mr. Talbot's application and his subsequent appeal was also turned down. The DAB concluded that Mr. Talbot had "shown complete and utter disregard for the planning process". Among its reasons for rejecting his claim was that he had breached the Development and Planning Act 1974 by excavating on the beach, damaging a natural habitat, destroying natural features and causing material damage to an area of woodland reserve. Neighbours also complained that Mr. Talbot piled up boulders at the foot of a path which gives them access to the beach.

Rudolph Hollis, director of the Planning Department, made clear yesterday that he was keen to monitor whether the required changes had taken place.

"I'm not sure if any action has taken place," Mr. Hollis said. "The case is now under the auspices of the Environment Minister.

"The next step will be for a planning inspector to go by the site to see if any action has taken place. And if it hasn't been dealt with, then the inspector will then send a report to the Minister."

Asked whether he intended to send an inspector soon, Mr. Hollis said: "Absolutely."

Mr. Talbot did not return our call.

See Insight, Page 5 for the background of the case