The land, the former site of the Seon Place building which was cleared and excavated years ago, currently sits unused and is boarded up for safety reasons. A proposal now before the Environment Ministry asks to develop the property into office space, which would include a retail component, gym, caf?, and underground parking.

The Development Applications Board (DAB) rejected the proposal last November and it now sits on appeal before the Environment Ministry. Objectors have until January 24 to lodge their concerns.

The Bermuda National Trust is one of a handful of objectors to the application. A watchdog for the island's environment and caretaker of its historic buildings, it argued that the proposed development isn't allowed under the current planning legislation, and that a ten-storey building on that location would compromise views from Fort Hamilton.

And, in acknowledgement of a growing number of requests to build high-rises in the city, the Trust suggests a thorough review is necessary to determine "where and how and if Hamilton can sustain such development".

"Once those determinations have been made it would then be possible to view applications in a rational context," said a Trust spokesperson. "The consequences of proceeding with 'high-rise' development in a haphazard fashion are serious enough to warrant such precautions.

"It is the Trust's opinion that to permit a ten-storey building that obstructs the view from Fort Hamilton of the parts of Bermuda it was originally built to protect, would be extremely damaging and impact not just the city but the island as a whole. An objective of the City of Hamilton Plan 2001 is to protect buildings of historic interest from unsympathetic development.

Consequently the Trust feels that the applicant's claim, that 'the view from Fort Hamilton will be no more significantly compromised with this development than with one meeting the criteria of the Hamilton Plan', is clearly erroneous and contrary to the Hamilton Plan."

An application to develop the property was first made 17 years ago. Re-approval was given to develop an office building with retail units on Front Street as recently as 1996.

Seon Ltd. submitted new plans for the property last year. According to the DAB, planning permission was refused because the proposal exceeded the number of allowed storeys and did not include the required verandahs on the Front Street elevation.

"Although the Board was receptive to the aesthetics of the application, the Board does not have the authority to approve an application that does not comply with the City of Hamilton Plan 2001 and therefore the Board resolved to refuse the application," the DAB stated in its refusal. "The application as submitted 27 June, 2006, seeks in-principle approval for a new ten-storey office development. The proposal involves two nine-storey buildings with offices in the roof space.

"The City of Hamilton Plan 2001 permits a total of five storeys on this site with four storeys at street level. There was also a required setback of nine feet on Front Street and a verandah is required on that elevation. The proposal exceeds the maximum permitted number of storeys and the facade does not include the verandah feature. The buildings are set back over nine feet on Front Street."

The Corporation of Hamilton also objected to the application while additional concerns had been voiced by the Advisory Architectural Panel, the DAB stated.

"This is a gateway site for the City of Hamilton and therefore there are particular concerns with the visual impact of the proposed building. The visual impact is considered to be particularly severe when viewed from Reid Street."

Architects Linberg & Simmons said their client, Seon Ltd., intended to create a landscape that was an asset to the city of Hamilton.

"Seon Limited's application is about creating a distinctive building at the entrance to the city, set back from the road in a landscaped setting, and providing a tranquil pedestrian precinct for public enjoyment," they argued. "This is an element of public benefit which would be an asset to the city both in terms of user-friendliness and attractiveness.

"The Board states that the City of Hamilton Plan 2001 permits a total of five storeys on the site. Unfortunately, what not stated is that when a development extends through the entirety of the city block, the maximum number of stories is derived from the higher grade. Therefore, because five storeys are permitted above Reid Street, which is two storeys above Front Street, the maximum storeys permitted ? counting from Front Street ? is seven. Taking into account that precedents have now been set with the sensible practice of allowing the use of roof for both residential and office use, the proposed scheme is only two storeys higher than that permitted by the Board under the present City of Hamilton Plan."

The architects insist that although the new Seon Place would exceed the maximum height, "the proposed setbacks on the lower floors result in a deficit of some 35,350 square feet of permitted developable area which is given over in the most part to the landscaped amenity area accessible by the public. The upward extension of the building will result in a gross area of some 32,730 square feet therefore the gross area of the proposal is less than that permitted under the Hamilton Plan".

Additional complaints were lodged with the Department of Planning by stakeholders concerned that a promise to maintain a public throughway would be overlooked.

"An agreement was made between the applicant and the Corporation of Hamilton to move Seon Lane to the western limit of the property, thereby increasing the utility of the lot. It is our understanding that this is a private agreement, but never the subject of a registered plan of subdivision. It is our understanding that the lane can only be moved and the title deeds amended in accordance with a registered plan of subdivision. We are therefore uncertain if Seon Lane is legally still in its original location, or if the private agreement was sufficient to move Seon Lane to the western limit of the property.

"Seon Lane is an important part of the city's cultural and historical past, and it should be retained. Public pedestrian links, particularly on the east side of the city, are rare and the resources needed to assemble a public lane make them difficult to obtain. The loss of Seon Lane would be a shame. We respectfully request that the applicant reconsider."

If given approval Seon Place would lie between 139 and 143 Front Street. A "mixed-use" scheme, it would involve 122,000 square feet of office space over eight floors with an attached gym and caf? comprising 5,560 square feet as ancillary use for office employees.

Access to Seon Place would be from Front Street. An underground lot also accessed from Front Street, would allow parking for 89 cars and 151 motorcycles over three levels.