Somers Villas Limited wants to build 40 condos on a completely undeveloped and wooded tract of land between St. Anne's Road and the west of Gibbs Hill Lighthouse.

The land's previous zoning allowed full development on it.

But under zoning changes in the 1992 Bermuda Plan, the company would be restricted to applying to build on only part of the land, leaving it with space only for 12 condos.

The majority of the land has been zoned Open Space, Woodland Reserve and Arable Land, leaving just two acres zoned Residential 2 for development.

Somers Villas, represented by Mr. Ian Gordon of Context at a tribunal yesterday over the zoning objection, wants the Residential 2 zoning extended by four acres and the Woodland designation deleted.

But the Planning Department maintains the extension would result in the unnecessary loss of open space and destruction of the rural character of the scenic valley.

Somers Villas has also asked that a small area zoned Agricultural Conservation Area be changed to Green Space as it was no longer cultivable.

The Department of Agriculture agreed to that request.

The Planning Department's position in the case is that the property in question has "considerable environmental and open space value''.

"The valley contains some of the best woodland in Southampton as well as productive agricultural land and is important for visual amenity from the lighthouse,'' Planning director Mr. Brian Rowlinson said.

"The zonings as shown in the draft 1992 Bermuda Plan (expected to go before Parliament this summer) would protect these environmental resources while providing significant development potential along St. Anne's Road.

Extending the Residential 2 zoning in accordance with the objectors' request would result in an unacceptable intrusion of development into this valley to the detriment of its rural character and a further loss of open space resources.

"Furthermore, as more than sufficient land has been designated to meet housing development needs for the foreseeable future the release of additional land for development cannot be justified.'' Somers Villas, owned by Mr. Kevin Petty, may never actually get approval to build on the lot.

The company has been embroiled in a long Government and legal battle to get permission to build the condos there.

The Development Applications Board turned down its application for 40 condos on the lot in 1991.

On appeal, the Environment Minister upheld the decision.

And as a result of a legal challenge in Supreme Court, the case was referred back to Environment Minister the Hon. Gerald Simons for consideration after it was found the DAB and the former Minister had acted unlawfully.

The Minister's final decision is still awaited.

Meanwhile, Somers Villas fear the new land zoning and tribunal's subsequent decision may prejudice their case.

Mr. Gordon added that it was not the developers' intention to "develop every single square inch'' on the tract of land.