The family of a major developer was refused permission to develop a portion of Nature Reserve at Hawkins Island ? despite being granted planning approval in 1999.

Last week the Development Applications Board (DAB) refused the Rosebud Trust in-principle planning approval to remove all existing commercial buildings/uses and replace them with two single-storey residential/recreation buildings on Hawkins Island in Warwick.

The Rosebud Trust represents several parcels of land owned by a local family.

Hawkins Island is used by Tony Brannon as an entertainment venue in the summer and he confirmed last week Hawkins Island was owned by the Cox family, of PWs president Will Cox.

The history of this development goes back 13 years, when it was first received by the Department of Planning in 1992 and subsequently approved in 1993.

But all accepted in-principle planning applications have a two year window and if action is not taken within this time permission is withdrawn.

When no action had been taken the plan needed to be resubmitted and was subsequently accepted in 1999. However, between 1992 and 1998, the Department of Planning had created a new Planning Statement with new land zonings such as Green Space and Open Space.

Under the rules of the 1992 Planning Statement the Rosebud Trust?s plan should never have passed, it said.

?An error was made as the application should have been considered under the 1992 Planning Statement and not the 1983 Planning Statement,? Maceo Dill of Planning wrote in 2001. ?As a consequence we feel strongly that this error should not be compounded further and that there is no obligation to consider the previous decision in reference to this new application.?

Mr. Dill said the development would result in the removal of a substantial portion of mature woodland.

The Bermuda National Trust (BNT) objected to the plan because it was zoned Green and Open Space and was too close to a Nature Reserve. Harold Conyers of Conyers & Associates fired back at Planning and the BNT and threatened to take legal action and claim damages against Planning if it was refused.

But Planning dodged a bullet when it said the applications? two-year approval window had closed in 2001.

The architects requested a further meeting which was granted, but they never showed up. The plan gathered dust until January 2005 when Rosebud Trust sought planning approval in a separate application to construct two new two-bedroom homes on an existing concrete base on the Hawkins Island picnic area.

As a result, the original application resurfaced but Mr. Conyers was told by Planning in February 2005 that it still did not support the original application and the DAB did not have the discretion to approve it.

?My client is willing to amend the drawing to comply with setbacks,? Mr. Conyers replied in November 2005. ?It is consistent with the use of similar/residential structures on the islands surrounding this popular and established recreational area known as paradise lakes.? He said Rosebud Trust owned 14 acres on Hawkins Island and only sought 0.41 percent site coverage.

The 2005 application for a proposed second home over an existing concrete base remained unresolved, Planning said last week.

A response from Mr. Cox was not received.