refusal -- in case planning law changes again.

Somers Villas are appealing against decisions by the Development Applications Board and the former Minister of the Environment Mrs. Ann Cartwright DeCouto to turn down plans for a 40 unit condominium in Southampton.

And their lawyer Mr. Saul Froomkin believes one reason for the refusal was a change in guidelines over the three years it took to deal with the application.

At the end of yesterday's Supreme Court hearing that had stretched over four mornings, Mr. Froomkin asked Puisne Judge the Hon. Mrs. Justice Wade to give a reasonably quick decision.

He fears any delay could see a new Government plan introducing more reasons for refusal of the application for the nine buildings off St. Anne's Road, west of the Gibbs Hill Lighthouse.

Somers Villas originally applied for planning permission in 1989 and, despite getting the backing of planning officers, it was turned down by the Board and on appeal to the Minister.

The latest appeal, against the Minister's decision, has seen a number of previous English and Bermudian cases used by both sides of the argument.

Government lawyer Mr. Philip Holder has argued that the decision of the Minister is correct.

Also against the appeal is Mr. Tim Marshall representing local objectors who claim there is no need for the development.

Replying for the appellants, Mr. Froomkin said: "In the plan it says that 1600 new units are going to be required in the next 10 years.

"Again in the Government's own document 67 percent of respondents favoured cluster housing or condominiums as the best means to achieve high density housing.'' He claimed this proved there was a need for the 40 units but stressed that need for housing should not have been a issue. His clients claim they never knew they would have to address the issue of the need for houses.

Mr. Froomkin said: "There is not a single case that the Government could bring forward where need was relevant factor. It is something entirely new raised by the board indirectly and by the Minister for the first time in planning history of Bermuda.'' The Government lawyer had earlier described Somers Villas as experienced and knowledgeable developers.

Mr. Froomkin said: "If they are experienced would they be stupid enough to spend millions of dollars on a development that they would not be able to sell? "As far as the environment is concerned, there are going to be nine buildings on four acres of land. That is half an acre per building. Hardly a concrete jungle.

"It's never been suggested that 40 units are going to be dumped on the market on Monday.

"If it was going to impinge on an environmental area then you need to show there is a need, but here we are talking about an area that has been zoned residential by Government experts.'' Mrs. Justice Wade can either dismiss the appeal, accept it and accept planning permission or pass the decision back to Minister with some advice.