A seven-storey A.S. Cooper building on Front Street was approved because more of that development can go underground than a proposed seven-storey bank at the bottom of the same street.

The Bank of Bermuda has been refused permission to develop a proposed seven-storey bank on the site of the former Trimingham's building.

However, the A.S. Cooper building was approved 14 months ago because it only appeared to be three-storeys on Front Street and a number of people have written to questioning why it was approved.

The bank development would look much taller than three storeys on Front Street, a Government Planner said recently.

On January 19, 2005, the Development Applications Board (DAB) granted final Planning approval to A.S. Cooper & Sons Ltd. to develop a seven-storey mixed-use development comprising of retail and office space, a restaurant and a bar at 59 Front Street.

"The new building will be designed as a three-storey structure facing into Front Street with traditional covered and open verandas," the DAB wrote of the A.S. Cooper's building in January 2005. "Along Reid Street the design will result in a five-storey structure having a central recessed retail entrance with balconies above."

A five-storey total height on Reid Street and Front Street is permitted by the City of Hamilton Plan 2001.

On February 8, 2006, when discussing the Bank of Bermuda's second application for a seven-storey bank on No.'s 39, 41 and 43 Front Street, Government planner Anna Eatherley pointed out the new A.S. Cooper's building on the same block was allowed to be built to seven storeys because Reid Street at that point is higher than at the western end.

The maximum height of the A.S. Cooper building is 85.5 feet on Front Street and 62 feet on Reid Street because much of the retail space is underground.

The height of the Bank's second plan was 115.7 feet ? "well below the Development Plan maximum of 138 O.D.," the plan said ? and this height was further reduced in the third plan.

However, the fact the Bank could not build more than one storey underground at No's 29, 40 and 41 Front Street meant the overall height appeared to be one storey higher than A.S. Cooper.

"An additional storey would have a negative impact on the quality of the pedestrian environment on Front Street, Reid Street and the neighbouring buildings in this very historic part of the city," Ms Eatherly said. "It appears that this may not be the best site in the city to accommodate the applicants needs. There are a number of other locations that may be more suitable for this form of development."

However, Bank architect Julia van Beelen said of the Bank's third application ? "The seventh storey will not have an adverse impact because of the setback (56 feet) from Front Street".

"The seventh storey is entirely acceptable given the location of the building relative to the sidewalk on Front and Reid Streets, and the Harbour," she said.

The bank is now considering whether to appeal the DAB's rejection of its plans to Environment Minister Neletha Butterfield.