condominiums in their Warwick neighbourhood.

They fear children's lives will be put at risk by increased traffic.

And they claim balls from the nearby Riddell's Bay Golf Club could smash windows at the development.

"We really feel the proposal is out of synch with the area,'' said protester Mr. Kieron Unwin, a well-known lawyer.

The row centres on Mr. Ian Gordon's plans for five townhouses and a swimming pool at Paddock Drive, off Burnt House Hill.

Mr. Gordon is a director for development firms Context Ltd. and Gamenta Ltd.

Among the objectors are top triathletes Mr. Greg Hopkins and his wife, Mary, and businessman and landscaper Mr. Kevin Horsefield.

The objectors want to overturn a ruling by Acting Environment Minister the Hon. David Saul.

Dr. Saul upheld the Development Applications Board's planning approval for the project.

Now the protesters hope to get the decision reversed on points of law.

Their Supreme Court appeal has been listed in the Supreme Court register.

It is understood it will be argued Dr. Saul's ruling conflicts with the Bermuda Plan 1992.

One argument will be Dr. Saul allegedly ignored the need to protect agricultural land and safeguard the area against traffic.

Lawyer for the protesters is Mr. Kim White, who yesterday declined to comment.

Mr. Gordon said he was unaware of the appeal move.

"The only way they can appeal is on a point of law,'' he added.

He explained the DAB had originally granted him planning approval for six townhouses in September, 1991.

But the then Environment Minister the Hon. Ann Cartwright DeCouto overturned the decision.

The application was changed to five condos, which Dr. Saul upheld on appeal.

Mr. Gordon said he had received final planning approval, along with a building permit.

"Nothing has been built, but the ground has been cleared for construction,'' said Mr. Gordon.

Mr. Gordon said Context Ltd. was carrying out work on the design and architecture for the project. The builders would be Gamenta Ltd.