Applications Board decision and granted Michael Smatt of Smatt's Cycle Livery permission to establish a cycle sales and repair shop on St. John's Road.

In the process Minister of Environment, Planning and Natural Resources Irving Pearman called on the Planning Department to review what he called "inconsistent'' rules which classify and restrict how property may be used for development.

"The case also highlights the need for the department to carry out a thorough review of the use of Classes Order which is now more than 20 years out of date,'' Mr. Pearman stated in a six-page letter upholding Mr. Smatt's appeal.

"The list of classes needs to be expanded and refined to better deal with today's circumstances.'' Mr. Pearman suggested the department write to the Attorney-General for a "legal opinion on apparent conflicts between definitions of the '92 Statement and Use Classes Order''.

Acting planning director Peter Adwick said the department was conducting just such a review of all legislation which governs how property may be used here.

Currently the department was reviewing various pieces of legislation before tackling the Development and Planning Act 1974.

Mr. Smatt wants to set up a cycle shop on the south side of St. John's Road, east of the junction with Woodland and Cemetery roads. An existing building there was previously used as a building supplies business and carpentry workshop.

He was turned down by the Development Applications Board on the grounds his plan would entail a change of use of the property to the "industrial'' classification from "retail''. Industrial use is not permitted in a residential area, the Board said.

But Mr. Pearman replied the issue was debatable as to what the original classification of the site was and to what type of business Mr. Smatt wants to set up.

"The record shows a certain amount of confusions regarding its proposed change of use and a somewhat inconsistent approach to the matter on the part of the Department of Planning,'' he stated. Mr. Smatt owns a cycle rental shop on Pitt's Bay Rd.