THE Bermuda National Trust has added its objection to the development of a wooded hillside below Gibbs Hill Lighthouse which so raised the ire of environmentalists when plans were first proposed 12 years ago the matter was afforded the rare opportunity of a public hearing.

Residents in neighbouring areas have complained that the 40 homes proposed for construction would overwhelm the five acres on which they would sit, create an area of high density housing, spoil the vistas from one of Bermuda's premier tourist sites, bring unwanted levels of traffic and do serious damage to the sewage system now in effect.

That's not the case, according to the land's would-be developer, Kevin Petty.

"The property - and it's potential for development - has been looked at under a magnifying glass," he said. "Twelve years ago I purchased the property and in 1995, received approval for development from the Supreme Court on appeal. I later received final approval on a building permit for seven of the 40 homes and in-principle approval on the rest. At the time, Forward Planning ruled that five of the acres were zoned for development and the rest, woodland. At my suggestion, a section 34 - which protects land 'in perpetuity' so that it stays as greenery, as trees, with bluebird boxes on it even, whatever - was placed on eight of the 12 acres of land so that they would never be touched.

"(The permit) has been sitting dormant for a while, but it's nothing new. People are obviously objecting for the sake of objecting. They're only trying to prolong the process. I'm confused as to why they are complaining."

Involved, are 12.5 acres of land on the Masters Estate on St. Anne's Road although eight acres, at Mr. Petty's request, have been reserved for non-development "in perpetuity". In 1991, the Planning Department rejected an application by Somers Villas Ltd. - of which Mr. Petty was the main shareholder - to build a 40-unit housing development on the land. At the time, the Development Application Board was of the opinion that the plan was: "premature and contrary to the public interest in that it would tend to undermine the fundamental policy of 'sustainable development' put forward in the Bermuda Development Plan 1991.

"Sustainable development," it went on to say, "means that development should be permitted to the extent that it meets the needs of the present without compromising the ability of future generations to meet their own needs." In 1995, however, a Supreme Court appeal overturned that decision and Mr. Petty later received building permits for seven of the proposed homes and in-principle approval for the remainder.

When the plans were resubmitted to the Planning Department under the name Hamptons Limited last year, however, residents in the neighbouring areas of Southdown Farm, Buggy Whip Hill, St. Anne's Road, Prism Heights and Orchard Drive, and the Bermuda National Trust, lodged their objections. For most, the problem isn't that Mr. Petty plans to build on the land, but the extent of the planned construction.

"It's not the development so much as the number of homes he wants to put there," said Southdown resident Sharon Greenslade. "If he were proposing a minor or reasonable development that would be OK. One or two houses, with proper planting, sure, I think that woud be fine.

"But I don't think that what he was proposing then or is proposing now is reasonable. Really, what it's all about is money. He obviously purchased the land with the idea of developing it and obviously wants to squeeze every last dollar that he can out of it. It wasn't suitable 12 years ago and it's not suitable now.

"If (he were allowed to go ahead) I think he would be doing Bermuda a terrible disservice. It would be a shame. Think of the added traffic it's going to cause. The roads there are very small and Lighthouse Hill is very well travelled at the moment. I can't imagine what it would be like then."

Southdown Farm, she added, was a quiet community with residents who genuinely cared about preserving the environment.

"We all feel basically the same," she said. "And I'm sure, if we had the money, we would all chip in, buy the hillside and leave it the way it is. We're all very conscious of greenery and keeping spaces open and (by objecting) we're doing our part to keep that area open and as unobtrusive - buildingwise - as we can. I hope the Ministry of Environment will stick to its guns and absolutely refuse to let this go ahead."

An Orchard Road resident, who did not want to be named, said the issue was especially upsetting to him and his neighbours as they had only recently lost a similar battle against an extension by the neighbouring Reefs hotel.

"Southdown Farm has been under seige over the years from various developers on all boundaries. Most recently, The Reefs was granted permission to put in, what is essentially, 32 dormitory-type developments in an area zoned as residential. We're upset at the prospect of having a quiet, residential area surrounded by dormitories on the south western side and seeing a residential development so dense it's bordering on (that same dormitory style). It's the density (of the planned development) that I find objectionable; the mere mass of people cramped in that tiny area."

Other possible concerns, he added, were that the wells of Southdown Farm residents could be contaminated if the cesspits from the planned homes drained into them. And with a community as quiet and small as theirs - situated in a valley where sound carries - there is the worry that added neighbours would disturb that peaceful life.

"In my view," he said, "amendments have been made to the Planning Act to try and limit this very type of development to strategic areas on the island."

Planned for the site are seven dwellings, nine detached houses and 24 town houses - representing 46,860 square feet or nine percent of the total of 550,365 square feet of land.

St. Anne's Road resident Reginald Minors stressed the importance of preserving one of the island's remaining open spaces and agreed with his neighbours that it was not the development itself, but the scale of Mr. Petty's plans.

"I feel that we have to be very careful in the properties we allow to be developed in Bermuda," he said. "We're losing valuable, open, green space. St. Anne's Road is a vital road to Bermuda, I believe. The lighthouse is there. Tourists to the island visit scenic views from the lighthouse, both on the ground and from on top. And as you look out to the west (the potential development) is that last piece of natural property that remains. We're not against (having him build), it's the degree of development that people are concerned about."

A Buggy Whip Hill resident, who did not want to be named, echoed his sentiments.

"(The lighthouse) is a spot frequently visited by tourists," he said. "And we need to preserve (such spots) as they are few and far between. (Mr. Petty) probably feels that because there is a shortage of available housing it warrants development, but open land is even more valuable now than it was (when he first applied to develop the property). Today, it's even more important to preserve that kind of land."

According to Mr. Petty however, most of the development cannot be seen from the lighthouse and should therefore have no impact on tourists whatsoever. Southdown Farm, he said, represented far more of a blight to the view.

"In 1991, when I submitted my plans, it was a whole different arena; a political football and the Planning Department did their job," he said. "About ten neighbours have objected and (they) are using the lighthouse as a red flag. It isn't one. (Representatives from the Department of) Planning went up there and half the (proposed) development wouldn't even be able to be seen from the lighthouse. What I've planned is actually much less obtrusive than Southdown Farm.

"Bermuda needs homes. It's not a greed factor. People might think I'm a greedy developer but that's what I do. I am a real estate developer but I'm a conscious developer. A lot of thought and hard work went into it. If I was greedy, why would I give eight acres to Bermuda? I'm very conscious of the environment and the need to preserve it."