Environmentalists are taking their fight to preserve a beach from development to the Supreme Court, launching an appeal against Environment Minister Glenn Blakeney.

"Irrational", "illogical", "illegal" and "biased" are just some of the allegations directed at his decision to uphold applicant Belcario Thomas's planning appeal for the 'SandBar' at Warwick Long Bay.

The words are used in a legal notice published in The Royal Gazette yesterday, between appellant The Bermuda Environmental Sustainability Taskforce (BEST) and respondent The Minister of Environment and Sports.

It states the Supreme Court appeal is 'In the matter of section 61 of the Development and Planning Act 1974 and in the matter of the decision of the Minister of Environment and Sports dated 25 November, 2008'.

"NOTICE is given that the Bermuda Environmental Sustainability Taskforce ('BEST') has appealed the decision of the Minister of Environment and Sports...," the advertisement states.

The grounds of the appeal include claims that "the ministerial decision is illegal" and "is supported by no, or no adequate and sufficient evidence or enquiry".

It alleges Mr. Blakeney's decision is "inconsistent" with section 22 of the Liquor Licence Act 1974 and section 4 of the Bermuda National Parks Act 1986.

"The Minister paid no regard, or paid manifestly inadequate regard to relevant and material considerations as required by section 57 (7) of the Development and Planning Act 1974 and the general law, including, in particular the 1992 Planning Statement, the advice of the Planning Inspector dated 12 November 2008, the comments of the National Parks Commission dated 19 March 2008, and the comments of the objectors," it states.

The notice also describes Mr. Blakeney's decision as "irrational", supported by "no adequate and sufficient reasoning", and describes it is "illogical or arbitrary".

"The Ministerial Decision is in breach of the principles of fairness," it adds. "In all the circumstances there is an appearance of bias, in particular arising from prior support given by the Ministry of Environment and Sports for the application which was the subject of the DAB Decision and subsequently the Ministerial Decision".

Stuart Hayward, BEST chairman, said: "This is the first appeal we've gone to court with. Once we have a result from the court we will make a public statement on this matter. In the meantime we will let proceedings go their way quietly."

He said an online petition against the beach bar has attracted more than 3,100 respondents, while a paper petition has another 1,000 signatures.

Residents and environmental campaigners say they are prepared to stage "on-site protests" against the 60-seat restaurant and cocktail bar, to be situated to the west of the Warwick Long Bay car park. They say they will also fight any application for a liquor licence.

Among their concerns are noise, litter and potential parking overflow, while others have called the project an environmental "travesty".

There were 107 letters of objection to the planning application, and more than 80 residents went on to protest Mr. Thomas's appeal.

The Development Applications Board refused planning permission as Warwick Long Bay is zoned as Open Space and a National Park Conservation Area. The DAB said the 'SandBar' was contrary to the Bermuda National Parks Act 1986 and the Bermuda Plan 1992 Planning Statement.

Mr. Blakeney however, upheld Mr. Thomas's appeal. He said it was granted in the spirit of sustainable development, in terms of balancing tourism, the environment and the economy.

He did not wish to comment on the BEST appeal yesterday. A Government spokesman on behalf of the Minister said: "As this matter is before the courts it would be inappropriate to comment at this time."

Mr. Thomas — the events' organiser behind Unite, has said he will follow Government conservation and environmental advice to make the beach bar "as environmentally-friendly as possible". It will have split-level wooden decking, with removable panels in the event of a hurricane or at the end of the summer season.

Earlier this month Mr. Thomas was appointed to Government's Tourism Board. He did not return The Royal Gazette's request for comment last night on his appointment or the BEST appeal.

A Government spokeswoman said: "The appointment of Mr. Thomas is not considered a conflict of interest as the Tourism Board is made up of private sector stakeholders, including hoteliers, restauranteurs, taxi drivers, excursion providers and others.

"The role of the Tourism Board is to act as an advisory body to the Minister of Tourism. Mr. Thomas's role on the Tourism Board will have no effect on decisions made within the Department of Planning, and his presence on the Board cannot be used to influence any ongoing application reviews relating to his business."