The Tucker's Point Club has been refused planning permission for some new luxury houses because the development would breach a special order for the site granted in 1995.

The Development Application Board (DAB) turned down the bid to reconfigure the Shell Point site to build 11 luxury homes with swimming pools, which DAB said would create 18 additional land lots.

But Tucker's Point said yesterday that some of the lots created in the application were for common land parcels and that the actual size of the house building development was less than that originally granted in 1995.

Tucker's Point vice-president development March Orchard said the company will be appealing the DAB decision and would be seeking to get Environment Minister Terry Lister to alter the terms of the original Special Development Order created by Cabinet in 1995.

The site is part of an extensive development including other upmarket houses, some timeshare properties, a golf course, a tennis club and a luxury 108-room hotel to be run by Rosewood Hotels and Resorts.

"We are very disappointed that the Board has come to this decision," said Mr. Orchard.

"We were trying to increase the number of houses, but the Board was saying they don't have the authority to increase that over and above what was approved by the Special Development Order.

"What we will be saying in the appeal is that in modifying the plan by increasing the number of common areas and woodland areas, we are decreasing the maximum size of development able to take place at the Shell Point lots."Mr. Orchard said Tucker's Point was given permission by Cabinet in 1995 for nine houses at the site. The company then decided to reduce the number of four bedroom houses - which will sell for $3 million - it wants to build to eight, plus two waterfront parcels of land with sea access.