Although the Trust's ideas for the land, off Luke's Pond Road, were well intentioned, they had caused confusion according to planners and the land owner Mr. Joseph Olivera.

Representing Mr. Olivera, Mr. David Somers made the "cloth-eared'' accusation, noting he had been involved in lengthy discussions with the Trust about the land.

In the 1992 Bermuda Plan the land was designated green and open space, but Mr.

Olivera had asked for a three lot sub-division to be changed to residential.

In a report to the objections tribunal into the Plan, the planning department agreed with the change.

But the report went on to stress that the National Trust had made an initial objection which encompassed a much larger area of land.

It said: "The Trust failed to give notice of this objection to the affected landowner and, in fact, served notice on the wrong landowner.'' The Trust changed its objection, but the report said: "The vegetation on this land does not warrant a woodland zoning. In fact, the reference in the Trust's objection to protecting vegetation on and below the ridgeline ... as a windbreak suggests that the wrong piece of land has been identified.'' Mr. Somers said: "I am totally and utterly confused by the National Trust objection.

"All we have is a piece of land that has nothing more than just fennel.

There is no woodland that we can see.'' Trust officer Miss Toby Butterfield explained the Trust's case by stating that much of land had been damaged by wind blowing sand and other materials from the nearby Cachalot Quarry.

Miss Butterfield said efforts had been made to limit the effects of the wind damage to the vegetation of the area, and a windbreak of trees would have that effect.

She said: "We would prefer to see thicker vegetation on the site. A woodland conservation area does not preclude development but it would help to protect the fields.'' Mr. Somers said the windbreak idea was wrong because the development was at the lower part of a hill. He said they had taken advice from one of the top United States wind experts, Mr. Frank Theakston.

"The woodland zoning is not justified,'' added Mr. Somers. "It is just a cloth-eared, well intentioned philosophy.'' The tribunal is expected to make a decision by the end of April.