ERROR RG P4 15.9.1995 National Trust Environmental Committee chairman Mr. Tim Marshall's speech Wednesday about the Environment Minister's power was delivered to the Hamilton Lions.

Ostensibly biased and inexperienced ministers, swayed by political interest are undermining public confidence in the planning system and should be restrained.

Chairman of the National Trust's Environmental Committee Mr. Timothy Marshall yesterday called for the repeal of a section of the Development and Planning Act 1974 granting the Environment Minister the right to preside over planning decisions by the Development Applications Board.

Under current law, the Environment Minister may bypass the usual Development Applications Board process and approve any development with a special order.

Instead, such an order should be ratified by Parliament, Mr. Marshall said.

"If Cabinet or the Minister is so convinced that a development is in the national interest, then they should have no difficulty in quickly convincing Parliament.

"Democracies work best when there are power checks. Right now the checks and balances are, in practice, non existent.'' Mr. Marshall said a development order rushed through by former Environment Minister Mr. Gerald Simons in July approving planning permission in principle for 46 condominiums at Castle Harbour on land partly zoned as woodland, open space and coastline was a classic example.

In that case developers, the mostly foreign owned Bermuda Properties Limited, obtained direct access to Cabinet and the Environment Minister Mr. Simons and influenced them to approve the development, he said.

No other bodies were invited to make representations to Government and opposition to the decision was stifled.

"Politics or the appearance of political influence must be removed from the planning process in order to ensure public confidence in the system,'' Mr.

Marshall said. "Obtaining planning approval should not be who you know or whether you are an active member of the ruling Government.'' And he cited four other examples where former Minister of the Environment Mr.

Gerald Simons or acting Environment ministers had overruled DAB decisions with apparent bias.

The Bermuda Underwater Exploration Institute which was unanimously rejected by the DAB but approved by then Acting Minister Mr. Maxwell Burgess. Mr. Marshall called BUEI shareholders the "who's who'' of the United Bermuda Party; The Bermuda Financial Centre, approved by the DAB and upheld by the Minister of the Environment. Then UBP senator Mr. Michael Winfield is a major shareholder in BFC; Harbour Road Development on the site of the Darrell's Slip on Harbour Road which was unanimously rejected by the DAB and by Mr. Simons. On a second application, it was rejected by the DAB but approved by then Acting Minister Dr. David Saul who stepped in while Mr. Simons was on holiday; and Villa development on East Broadway rejected by the DAB but approved by Mr.

Simons.

Taking a swipe at the present Environment Minister the Hon. Tim Smith, Mr.

Marshall said Mr. Smith had no experience of planning and "no place or business making these approvals.'' "Our community deserves better,'' he said.

In the case of BUEI, he said it was wrong to put a novice minister in the position of making such decisions.

"Mr. Burgess should not have been put in that position.'' The system, he claimed, harked back to colonial rule when lords were all powerful.

"The Bermuda people have placed no restraints on the Minister. No minister is deserving of such unbridled power. Unconditional power breeds arrogance and contempt.'' But Mr. Marshall was at pains to point out that he was not knocking the planning process. Nine out of ten times the DAB made the right decision and collectively it had a great deal of planning experience.

"Without question, even if you do not convince the Board of your position, you feel that your case has been heard by a competent and impartial tribunal.'' But he continued: "I wish I could say the same about appeals to the Minister of the Environment.'' In closing, he suggested that Bermuda follow the example of Nantucket, a small island off Cape Cod which is dependent on tourism. There, a Land Bank Programme had saved the natural beauty of the island from developers. A two percent transfer tax on the sale of real estate on the island was imposed and the proceeds used to buy up beaches and other open spaces. Over 1,000 acres have been preserved as a result.

"I hope that like the people of Nantucket, our new Minister of the Environment will be bold and innovative. I challenge the new Minister to spearhead the creation of the Bermuda Land Bank Programme.''