The Bermuda National Trust has launched an objection after Castle Harbour developers apparently flouted planning restrictions by clearing roads, carrying out excavation and damaging cedar trees to make way for development on one of Bermuda's few surviving woodland hilltops.

Owners of the land, Bermuda Properties Limited, were permitted to clear "pathways'' not exceeding ten feet on Ship's Hill at Castle Harbour for an environmental impact study after former Environment Minister Mr. Gerald Simons issued a development order in July granting planning permission in principle only for a 46-condominium complex on the Castle Harbour site.

Instead, bulldozers have cleared a massive ring road around the hill, destroying virgin vegetation and cedar trees, and marking sections with dye.

"These are roadways, not pathways,'' Chairman of the Trust's Environmental Board Mr. Timothy Marshall said yesterday. Another prominent environmentalist commented: "This is nothing to do with an environmental study. This is clearing on a massive scale''.

Yesterday Mr. Marshall questioned why BPL had been given a licence to create the "pathways'' by the Director of Planning when Mr. Simon's development order had given approval in principle only for the project.

"We want to know whether the director has the power to grant such a licence,'' he said.

Instead he said: "A clear message has to be sent by the Minister or the director that this cannot be condoned.'' He added: "We, the National Trust, will be watching this development very closely.'' Mr. Marshall also called for the appointment of a Government inspection officer to keep a tighter watch over developers.

The Trust made a limited objection in July on the condition that BPL did everything in their powers to protect the environmentally sensitive area.

Following reports that clearing had already begun on the land, Director of Planning Mr. Brian Rowlinson said a technical officer had been sent to examine the site on Friday.

He admitted BPL had been given permission to do "some clearing of pathways'' on Ship's Hill in preparation for a detailed environmental study. But he said there had been no authorisation for excavation.

Pathways had to be of "minimum practical width'' exceeding no more than ten feet, he said.

BPL General Manager Mr. Peter Parker yesterday admitted the pathways did exceed ten feet in some areas and measured up to 14-feet across in places.

He said access was needed for a geo-technical study of the hill and underlying cave system.

However, BPL has not yet commissioned anyone to carry out the environmental report although Mr. Parker said a proposal had been submitted from a local company which he declined to name.

"We have permission to do specific clearing,'' he declared.

Plans for the $65 million development that features a 37-condominium, cycle livery and shopping centre complex, tennis courts and golf club to be built on two woodland hilltops and nine condominiums on the coastline, were submitted on the basis that the self-contained condos would save Marriott's Castle Harbour from closure.

Earlier in the year the hotel, which has accrued losses of $40 million since it opened in 1986, threatened to pull out unless profits improved. However, the mostly foreign-controlled BPL has requested that the luxury houses, designed by Bermudian architectural firm, Barker and Linberg, be sold to non-Bermudians as well as Bermudians.

Critics have dubbed the project a "massive smokescreen'' to hide a large-scale residential development.

Last week, in a speech to the Hamilton Lions, Mr. Marshall claimed BPL had obtained direct access to the Environment Minister and Cabinet to obtain approval for the development.

No other bodies were invited to make representation to Government and opposition to the decision was stifled, he claimed.

"The real loser in the end is the environment,'' he said yesterday.