Government is refusing to comment on claims it has authorised a new road without Planning permission.

The road is being cut through a wooded area off Fort George Hill and a hillside on the southern boundary of the St. George's Golf Course.

After "alarmed" residents awoke one morning to find a bulldozer outside their houses, Works and Engineering Minister Derrick Burgess met with them to explain the work being undertaken.

Mr. Burgess said the road was being created to provide greater vehicular access for some houses on the hillside.

He added Government did not need Planning permission to cut the road, as it was on Government property.

St. George's West MP and Opposition Leader Kim Swan yesterday disagreed.

"Minister of Works and Engineering Derrick Burgess incorrectly stated that Government does not require Planning permission," said Mr. Swan.

He highlighted Part IV, section 14, of the Development and Planning Act 1974 which states: "Planning permission is required for any development of land that is carried out on or after 3 August 1965.... [It is also required for] the carrying out by a highway authority of any works required for the maintenance or improvement or widening of a road."

Mr. Swan said: "Bermuda residents are protected by the Planning Act against unauthorised development by Government on public lands.

"The people of Fort George Hill were denied due process by Works and Engineering. This is a classic case where the Minister has a responsibility to ensure proper procedures are followed.

"Government acting without regard for the laws that govern Bermuda provides no recourse to hold Government to the same rules as the general public, regarding proper Planning approval process.

"As stated, when the violation occurred, for residents to wake up to see bulldozing taking place in front of their homes without notification was unsettling.

"Now that it has been disclosed that the Government needs Planning permission, the Ministry of Works and Engineering should ensure that a public statement is forthcoming without further delay."

He added more should be done by Government to ensure people have notice of any works about to take place in their neighbourhood.

"The concern which was initially raised was not about the justification for the new road the concern that was raised is for the absence of notification that all residents should have received when major works are scheduled to take place in their community," said Mr. Swan.

Yesterday, a spokesman for the Ministry of the Environment and Sports would only say: "No comment."

Pamela Ingham, a local resident, said she was pleased Government was taking action.

"I would like to thank Mr. Burgess and [St. George's North MP] Dame Jennifer Smith for considering our neighbours. We need a right of way because we need access for a fire engine or ambulance," she said.

"I applaud them for looking out for the people of St. George's."