The National Trust is gearing up for a Supreme Court fight to save woodland threatened by a new road after the Environment Minister overruled an independent inspector who had blocked the plan.

The inspector's report said a second access road planned for Chaplin Estate in Warwick was unnecessary and would remove significant vegetation.

However Minister Arthur Hodgson allowed an appeal in late July.

The National Trust's Environmental Committee chairwoman Edith Martin told The Royal Gazette last night why the legal bid was being launched.

She said: "The Trust feels this decision is of particular significance. The discretion of the Minister may be broad under the law, but is not without limits.

"In this case, the Minister decided to allow the property owners to cut a second, unnecessary access to their lots on the property through a wooded hillside on Harbour Road.

"The Trust thinks this decision is particularly egregious due to the fact that the hillside is not only zoned Woodland Reserve but is protected by a Section 34 agreement.

"The Section 34 agreement was entered into as a compromise in 1988 in order to allow the then-owner of the property, Lady Chaplin, to subdivide and develop part of it, while at the same time ensuring that the hillside was permanently protected from development.

"The Minister should not simply sweep aside a Section 34 agreement and the conservation zonings under the Planning Statement when he is asked to do so in favour of private interests. The Planning Statement's conservation zonings and the Section 34 mechanism in the Development and Planning Act are designed to protect Bermuda's environment for the good of everyone.

"That is why we are appealing this decision. A deal is a deal and we want the Minister to keep up his side of the agreement.'' Lawyers Alan Dunch and Juliana Jack of Mello, Jones and Martin have agreed to argue the appeal on the Trust's behalf.

The independent inspector's report had noted concerns that the access road would fragment the woodland reserve.

It said: "Fragmentation is the primary cause of woodland degradation and loss of carrying capacity for woodland bird species. "Further objections related to the extent to which the significant aesthetic value and break that this woodland provides when viewed from the sea and road would be compromised and the generally negative visual impact of the proposal.'' The inspector's report pointed out that there was already one access road and another one was not needed.

It went on: "The board is not satisfied that the access is necessary, that there is not a safe and suitable alternative alignment located beyond the boundaries of the Woodland Reserve and that it will not result in the destruction of specimen trees.'' However when Mr. Hogdson department overturned the inspector's ruling its decision summary said specimen trees would not be affected and new planting and existing vegetation would reduce any visual scars.

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