DECISIONS to restrict development should be influenced by more knowledgeable bodies than the Bermuda National Trust and property owners suffering from the Not In My Backyard syndrome, a local building expert contends.

And would-be developers who have already received Planning approval for their properties - but, because the time-limit on the building approval has lapsed, must resubmit the proposal to the Department of Planning - should not suffer from a procedural form of double-jeopardy because groups like the BNT and neighbours decide to take action the second time around.

Local building designer Sanders Frith Brown said he was led to voice his complaints after recent comments made by the National Trust and Southampton residents against the Hamptons Limited and its principal owner, Kevin Petty, in an article in the Mid-Ocean News last week.

Said Mr. Frith Brown: "I'm not here to defend Kevin. His track record speaks for itself. But I think we should have a look at this issue of development and the voice of the National Trust. I am a member and a supporter of the Trust, but it's full of well-meaning amateurs; professionals who might be knowledgeable in accounting and fields like that. I'm fed up with their lack of insight into development.

"They do not have the expertise on board; they are ill-informed, hypocritical and ignorant when it comes to matters on renovation and restoration. I think we have to look at the bigger picture of quality development and I think it speaks volumes that Stuart Smith, who's the head of (land preservation group) Save Open Spaces, the voice in the wilderness, actually works for Kevin Petty. It shows what Stuart's vision is of what is good for Bermuda."

The Bermuda National Trust and residents in the St. Anne's Road area lodged formal objections with the Planning Department against Mr. Petty's planned development of a wooded hillside below Gibbs Hill Lighthouse.

They argued that the 40 homes proposed for construction by Hamptons Limited 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.

Such criticism, said Mr. Frith Brown, was "ridiculous" especially as Mr. Petty received approval from the Planning Department for the project - and the eventual backing of the National Trust - nearly sevseven years ago. "He bought that land some years ago and obtained development rights after the due process of hearings and objections from the community and the conservationists in 1991," he said. "The National Trust's purpose is to be a voice of conservation but (when they do things like this) they invalidate their commentary.

"Does the Trust have no conscience? Having agreed to his plans (in 1995), what right do they have now to muddy the waters and cast aspersions on Kevin Petty so that he has to defend himself?"

What made matters even worse, the builder said, was that in order to receive approval for the development, Mr. Petty had gifted Bermuda eight acres of arable land and woodland, agreeing to erect cluster housing on only five, instead of the full 13 acres classified as acceptable for development.

"At that point, he should have been given an award," Mr. Frith Brown said. "Eight acres is a substantial chunk of land. In today's dollars, eight acres of developable land would be worth eight million dollars and when he sacrificed that to get this permission ten years ago, he gave up the same relative price.

"We should not even be scrutinising (this). It's a done deed. He has the permits. He has ongoing approval to do seven units and approval in principle to do the remainder."

In 1991, the Planning Department rejected an application to build a 40-unit housing development on the land, which sits on the Masters Estate on St. Anne's Road, following months of controversy and a public hearing by the Development Applications Board.

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 last year, some ten neighbours in the areas of Southdown Farm, Buggy Whip Hill, St. Anne's Road, Prism Heights and Orchard Drive lodged objections.

And while they were entitled to their opinions, said Mr. Frith Brown, neither their objections nor those expressed by the National Trust held any validity whatsoever.

"Of course, the neighbours have a right to complain, but their comments are hugely invalid. They're only self-interested. The development of Southdown Farms was objected to by the same conservation group - the National Trust - that is now (joining its residents) in objecting.

"The National Trust cries wolf so often, it invalidates its own commentary. They constantly use the same issues to criticise. But what I particularly object to is that neighbours won't stand up and argue the case on an island-wide basis. It's always Not In My Backyard (NIMBY). Of course, the neighbours are going to squawk but this NIMBY concept sometimes invalidates criticism.

"They pull such specious arguments out; that there will be too much traffic in the area. Their comments about obscuring the view from the lighthouse are invalid. Anybody who looks down from the lighthouse sees developments all across the island.

"And the sewage issue is absolute nonsense. Sewage in Bermuda runs into a hole. We do not have a septic field system and septic holding tanks. In hard rock such as you find in Smith's Parish, there are fissures and crevices, and sewage can actually seep raw and untreated but Gibbs Hill (consists of) very compacted sand. I don't think there's a place in Bermuda that has better sewage (disposal system). It's really glorified sand dunes and there is zero issue of sewage."

If the neighbours didn't want Mr. Petty to move ahead with his proposal, Mr. Frith Brown said, they should either buy the property themselves or lobby Government to do so.

"The neighbours should buy the land. If they can't afford to - tough luck. This is the issue. When they bought their land, they built on it. When I was a kid, there were no houses in that part of Southampton at all. The issue for the neighbours is, join the real world.

"Because they built first, that doesn't give them prior or deeper rights than Kevin has. He should be able to build or compensation must be paid to him. Maybe we, the communtiy should offer to buy, it from him. Maybe he'd sell it. The National Trust should act more actively on the issue of land acquisition. They should step in and lobby the Government of the day to put up more money to buy land; to buy open spaces."

Trust director Amanda Outerbridge said the Trust continued to work in the best interests of the community and would always strive to preserve the island's open spaces.

"Obviously, I would disagree with a description of the National Trust as ill-informed, ignorant, etc.," she said. "Bermuda's planning process exists to take into account the broad spectrum of opinion, and that is beneficial to the community.

"Planning permission for this proposed development expired, and a new application has been presented. We have reviewed the new plans and accordingly submitted a letter of objection. We trust our submission will be taken into consideration by the Development Applications Board in its deliberations.

"As for lobbying Government regarding the need to purchase open space, the National Trust has discussed purchase of open space with Government on many occasions over the years, and we continue to work together on this important issue."