dollar insurance company, David lost.

Retired hotelier David Barber, who took his slingshot all the way to the Privy Council, opposed a four-year-old decision made by then-Minister of the Environment Gerald Simons allowing ACE to add two storeys to their Hamilton office.

Mr. Barber was upset because the extension invaded his privacy and diminished his harbour view.

His lawyers argued in the Island's highest court that the Minister was not empowered to grant planning permission for ACE's two further storeys.

In 1993, the Development Applications Board (DAB) refused permission for the ACE addition.

On appeal to the Environment Minister, planning permission was given. Mr.

Barber appealed that decision to Bermuda Supreme Court which quashed the Minister's decision. Bermuda's Court of Appeal then unanimously restored the Minister's decision, paving the way for the additional two storeys.

Yesterday, the Privy Council upheld the Court of Appeal's decision.

"Naturally I'm disappointed with the privy council's decision,'' Mr. Barber said last night.

"I felt confident that I had a good chance of winning. I've still got a view.

But I've lost my privacy. Those big windows look right into my bedroom and study.'' Mr. Barber had argued that the Minister was not empowered to grant planning approval for the two further storeys.

Under the Development and Planning Act 1974, the DAB cannot deviate from the plan and the appellant argued the Minister was subject to the same provision.

The rule said then that development in the Pitts Bay Road area shall not exceed three storeys.

The Privy Council, in its 11-page judgement, found that the Environment Minister, who has responsibility for planning, does have discretionary powers, and also that he must consider the facts of the development plan in his decisions.

The court's decision was based on its interpretation of Ministerial power under the Development and Planning Act. The relevant Sections are 57 and 17.

Section 57 (1) and (3) of the Act say that a DAB decision can be appealed to the Minister and that the Minister may allow or dismiss the appeal.

Section 57 (7) of the Act says "the Minister shall have regard to the provisions of the development plan''.

But the Privy Council's decision leaves open the question of "reasonableness.'' The Privy Council did not decide if the Minister acted reasonably in his approval of the ACE building addition.

"The result of the appeal depends on the proper interpretation of the Minister's statutory powers and nothing turns on the question whether, if he had power, it was reasonable for the Minister to allow what is described as an in-filling,'' the Privy Council said.

Govt. wins appeal The fact the Privy Council did not determine if the Minister acted reasonably could mean that in a future matter a court could go the other way and decide for the appellant if it could be shown the Minister acted unreasonably.

The Attorney General's chambers argued on behalf of the Minister. Mr. Barber was represented by Kiernan Bell who took over from Alan Dunch. Scarborough Property Holdings Ltd., which owns the ACE building, was represented by former Attorney General Saul Froomkin.

Scarborough is 60 percent owned by BF&M Ltd. and 40 percent owned by ACE.

Mr. Barber, who used to own the Coral Island Hotel and Club, now St. James Court in Flatts, and later Banana Beach until he sold it in 1988, has lived at "Jacaranda'' off Woodbourne Avenue since 1961.

PRIVY COUNCIL VIC TORY -- Attorney Gen eral Elliott Mottley PLANNING PLN COURTS CTS