yesterday given another chance to get permission.

A Supreme Court judge ruled the Hon. Ann Cartwright DeCouto did not give the developers a "fair crack at the whip'' when she turned down the plan last year.

The judge sent the proposal back to the Environment Minister's desk for re-consideration.

Somers Villas Ltd., headed by developer Mr. Kevin Petty, came up with the plan for St. Anne's Road, Southampton several years ago.

They proposed to build about 70 homes near Southdown Farm, another condo complex.

Objectors, including the National Trust and Southdown Farm residents, fought the plan and it was trimmed to 40 condos. In 1991 the Trust and Planning said they had no problem with the scheme.

But later that year the Development Applications Board rejected it. Somers Villas appealed to Mrs. DeCouto, then Environment Minister, but she backed the DAB.

She said the plan couldn't be justified given overbuilding and a large number of empty homes.

"We cannot justify the further subdivision or development of large parcels of land without assurance that it is needed,'' she told the developers. Although the proposal satisfied all Planning requirements and was on land zoned for development, the "lack of perceived need'' was a legitimate ground for refusal.

Puisne Judge the Hon. Mrs. Justice Wade ruled yesterday that Mrs.

Cartwright DeCouto's decision must be quashed.

In a 33-page judgement, she said the Minister had made errors in her decision.

The judge said: "I am left with the feeling that the applicant was not given a `fair crack at the whip'.

"The issue of need came very much by a `side-wind' and it was proper that the Minister should have given the appellant an opportunity to comment on the issue of need before the Minister made her decision.'' Mr. Petty, president of Somers Villas, told The Royal Gazette : "We're now getting a fair trial and that's all we were looking to do. The Minister had not given us one.

"We will now be able to present our side on the fact that there is a need for housing.

"The 40 units would not be built right away. They would be phased in over the years to come on the basis of supply and demand.''