An environmental group has objected to proposed planning regulations, saying Government has created a "loophole" for beach bars in protected coastal areas.

The Bermuda Environmental and Sustainability Taskforce (BEST) submitted an objection to the Draft Bermuda Plan 2008 at a public tribunal yesterday.

BEST is calling for a clause allowing "minor siteworks and accessory structures" at the board's discretion, to be removed from development restrictions and guidelines.

The clause may be applied in a number of circumstances including provision of "facilities associated with a tourism development including but not limited to recreational facilities, terraces, beach bars and restaurants".

BEST says this would allow Government to permit beach bars and other tourism developments in coastal conservation zones such as Warwick Long Bay.

The 'Sandbar', a 60-seat restaurant and cocktail bar, was proposed for the site this year.

The Development Applications Board (DAB) refused entrepreneur Belcario Thomas planning permission.

As the land was zoned open space and a national park conservation area, the 'Sandbar' fell contrary to the Bermuda National Parks Act 1986 and the Bermuda Plan 1992 Planning Statement, the DAB said. Mr. Thomas' appeal was supported by Environment Minister Glenn Blakeney on the grounds that the 'Sandbar' was in the spirit of "sustainable development".

More than 5,000 taxpayers signed a petition against it. Campaigners said the restaurant to be situated west of the beach car park would harm the natural beauty of "one of the most beautiful and most pristine of Bermuda's beaches".

Warwick residents objected, citing noise, litter and potential parking overflow.

BEST has contested Mr. Blakeney's decision at Supreme Court, with a hearing date expected shortly.

Yesterday BEST chairman Stuart Hayward said the clause went against the Bermuda Plan's objectives "to protect and conserve the ecological, natural and scenic qualities of Bermuda's coastal areas and islands".

He said it was also contradictory to Government's Sustainable Development Strategy and Implementation Plan (SDSIP).

"We are forced to conclude that the inclusion of this is an attempt, after the fact, to legitimise the beach bar application at Warwick Long Bay," he said.

"It would be appropriate therefore, for the tribunal not to lend any weight to support for these clauses from Government departments having a vested interest in such a development.

"They should not be given the unfair two bites at the proverbial cherry."

Mr. Hayward said even small developments in a coastal reserve zone would "require electricity and water, toilet facilities and sewage systems resulting in a major impact on the area".

"Without objective criteria this loophole is big enough to drive your typical Jumeirah hotel development through."

He said: "We ask the tribunal to resist any notion that it is acceptable to allow tourism development within coastal reserve areas. We respectfully submit that the entire [clause] section COR. 4 should be removed from the Draft Bermuda Plan and that tourism developments should be subject to the same regulations that govern other coastal development."

A spokesman for the Planning Department told the tribunal any development would have to be accompanied by "environmental information, up to and including an environmental impact statement".

"The idea is to enhance the visitor experience and allow them to enjoy our coastline, while at the same time protecting the ecology and scenic qualities."

He said a similar provision was included in the Bermuda Plan 1992. "We have also consulted with the Ministry of Tourism who support this proposal and with Conservation Services, who also support this proposal," he said. "The Department feels this provision is appropriate and it is a balance of allowing some proposals on our coastline while at the same time protecting it."

The Bermuda Plan 2008 is to replace the Bermuda Plan 1992 in guiding all development on the Island until 2015. The tribunal is expected to conclude its public hearings by February, when the three members will present a report to the Environment Minister, to be discussed in Cabinet. The final Bermuda Plan 2008 is expected to be before Parliament June.

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