A Sandys man who removed a cliff and destroyed longtail nests lost his bid for retroactive planning approval this week.

The Environment Ministry ordered Henry Talbot of East Shore Road to remove the illegal development by October 18 or action would be taken.

Wayne Carey, the Ministry's permanent secretary, said Mr. Talbot would have to create artificial longtail nests on the cliff to replace the natural ones destroyed by the excavation.

One of the original objectors to the appeal, Peter Bromby, Jr., remained unconvinced that any enforcement action would be taken.

Earlier this year, Mr. Bromby and his brother, John, were given an absolute discharge but found guilty of assaulting Mr. Talbot during an altercation over the construction project.

Mr. Talbot had sought approval in July, 2004, for the underpinning of foreshore and clean up of a cliff face after it was damaged by Hurricane Fabian.

But the Development Applications Board (DAB) refused his application five months later on the grounds that the environmental value of open space would be compromised.

It also ruled that Mr. Talbot's illegal development was detrimental to a woodland reserve conservation area.

Mr. Talbot appealed the DAB's decision to the Minister in April.

Grounds for his appeal included the fact his case was the subject of widespread media attention based on "misleading and exaggerated" statements by the Bromby family.

Thalma, Kathleen, Rachel and John (Bo) Bromby and Glenn Robinson objected to the original application.

The Bermuda National Trust also objected to the application stating the development would damage part of a sensitive coastal zone.

In May, Planning director Rudolph Hollis urged Environment Minister Neletha Butterfield to deny the appeal.

He said the developer had illegally constructed a patio, removed natural rock outcrops from the beach and raised of the foreshore alongside the patio and jetty with a boulder-faced wall.

Mr. Talbot said he was unaware of nests.

Planning inspector Peter Cumming said the protection of Bermuda's beaches was a matter of national concern.

"It is evident to me that if works of the kind undertaken by the appellant were to be justified and carried out in the many areas affected by Fabian, the character and appearance of coastal Bermuda would have been affected drastically and adversely," he said.

Mr. Talbot did not return a call from The Royal Gazette yesterday.