A new effort has been launched to save distinctive elements of multimillionaire James Martin's controversial Agar's Island home.

An application has been submitted to the Planning department which would see a large balcony added to the home's dramatic atrium along with a pergola and landscaping.

The balcony would have the effect of concealing a portion of the roughly three-storey atrium and breaking the line of the structure so that it would no longer violate planning regulations.

The height of the atrium has been at the centre of Planning battles over the property for over two years and has led to work stoppage and the recommendation of an enforcement order - which could eventually lead wrecking balls to the atrium.

In December, the Development Applications Board (DAB) refused an application for retroactive approval for a number of aspects of the development including the height of the atrium - which site reports state is still one storey higher than the maximum height allowable of 27 feet. This new application would put the atrium within acceptable height range as the distance between the balcony and the eaves of the atrium would be 24 feet.

Below the balcony, the bottom portion of the atrium as it currently stands, would be concealed behind a battered concrete wall faced with Bermuda stone.

A letter from Christine Rickards of property agents' Erwin Adderley Associates to Planning accompanying the new application states:

"After continued consultation with the Planning Department and a further meeting with the Architectural Advisory Panel (following the refusal of the previous planning application), we have prepared this current application which we believe will meet all the technical requirements of the Planning Statement, as well as satisfy the visual impact issues which Planning staff have previously raised."

Ms Rickards goes on to point out that a balcony has already been approved, which under this plan would be extended from 95 square feet to 450 square feet.

"The balcony will span the existing drive and the front wall of the balcony will eventually screen the lower level of the atrium.

"This front wall will be similar in appearance to (the) natural, rocky cliff face that currently exists on either side of the building. Pockets will be created in front of the wall to allow for plantings."

The architects have also submitted Photoshop representations of the atrium with the proposed balcony. The entire structure is to be landscaped to conform with the local vegetation.

"As well as providing the owner with spectacular views, this balcony and pergola will serve to break the vertical lines of the atrium and soften the facade," the letter continues. It should be noted that the atrium is technically a one-storey (as defined by the Planning Statement) component of the house as there are no floors between the lower floor and the ceiling.

"Only the front part (just 20 feet wide) appeared to be a three-storey component. Both sides of the atrium are 24 feet or less. The front part of the atrium is 34 feet nine inches in height as measured from grade to eaves.

"The Planning Statement clearly permits any residential facade to be in excess of 24 feet as long as the facade, which is in excess of 24 feet, is not continuous. The location of the proposed (and existing) balcony at 24 feet from the eaves on the atrium, with the lower area of the atrium below the balcony and behind the proposed wall, complies with the Planning statement."

A stop work order has been in place for some aspects of the development - including the dramatic atrium - since March.

When the last application was turned down in December 2001, DAB said the proposed design and scale of the development is not compatible with the style and form of traditional architecture.

However, "all aspects of traditional Bermudian architecture are evident in the atrium," Ms Rickards notes in the new application.

"As far as taste in design goes, it is difficult for select individuals within the (Planning) department to determine appropriate design taste for all of Bermuda."

Ms Rickards also points out a local tour boat operator chose to use the home as the backdrop of its latest advertising brochure.