into a commercial enterprise expressed joy yesterday over a DAB decision to reject the proposal.

The decision, which was made at a DAB meeting on November 30, effectively laid to rest a bid by Mr. Michael DeCosta to establish a riding school and commercial rental outfit on the largely rural property.

DAB members cited a negative impact on the environment and neighbours as their primary reasons for turning the proposal down.

"I'm very happy,'' Radnor Estate Road resident Mr. Nelson Smith, who lives closest to the stables and was one of the main opponents of the scheme, told The Royal Gazette last night.

"It's definitely a victory. Justice prevailed. Justice will always prevail.'' Mr. Smith and others had complained that the conversion of the stables into a commercial entity would plague nearby residents with manure and other smells, increased noise and traffic and a hurricane of dust from the exercising of dozens of horses.

The site currently consists of some 20 domestic stables and is zoned rural/agricultural.

A representative of Mr. DeCosta's had earlier told the DAB the plan did not involve the creation of additional stalls and had garnered the tentative approval of the Agriculture and Fisheries Department, the Government Veterinary Officer and the Health Department.

In rejecting the proposal, the DAB said it had been contrary to the 1992 Bermuda Plan "in that the development as proposed in this location will be injurious to the environment of the site and the neighbouring area by reason of its impact on protected features, dust, noise, traffic generated and scale of the operation.'' It added that Mr. DeCosta had "not submitted sufficient grounds in support of the application to justify the exercise of the Board's discretion.'' Yesterday, Mr. DeCosta declined to comment on the DAB's decision, saying he had yet to receive official notification.

"Once I have it, I will give a statement,'' he said. "I can't say anything until I get an official notice. I probably won't get it until Monday or Tuesday.'' But Shadow Environment Minister the Rev. Trevor Woolridge, who represents Hamilton East, said last night he was pleased that the residents' concerns had been heard by the Board.

He was also one of several to suggest that Mr. DeCosta had already been running a commercial enterprise on the site without official approval.

Said the MP: "Anyone who proceeds to do anything with their property or home without meeting DAB or Planning Department conditions will find it costly in the end.

"The law is clear. It is important that the public follow the law and seek the approval.'' Mr. Smith, meanwhile, was more blunt, saying: "This gentleman (Mr. DeCosta) has his own way of doing things.

"If he does what the Board has asked him to do, I see the problem as minor.

If he continues to do what he has currently been doing, I will take action.'' In an addendum to its decision, board members advised Mr. DeCosta that they were "concerned that this site has been developed contrary to the approval granted on July 21, 1993.'' They also informed him "that any future application for retroactive approval must include all existing and proposed activities associated with the use of this site.''