local residents according to the Government.

Bierman's Concrete Products should move their premises after 50 years in Rocky Heights, Smith's, according to Government lawyer Mr. Philip Holder.

But Bierman's have complained that everything they do is eventually interrupted by red tape.

Major conflicts in planning opinions have arisen during the seven-day long Supreme Court appeal against the Environment Minister's attempts to close the company.

Yesterday the case continued with further evidence from Mr. David Cattermole, owner of planning and development consultancy firm in England, who once worked for the Bermuda Planning Department.

The day was filled with Mr. Holder and Mr. Cattermole arguing over definitions of planning permission and building permits and established use of a site and existing use.

Mr. Cattermole said proof that a building permit had been granted for a rock crusher on the site in the early 1950s was probably lost in the Hamilton fire in the latter part of that decade.

He said: "The early operations of Bierman's were of such an informal nature that I would very much doubt they would have kept any papers or any approvals.'' Mr. Cattermole claimed that the company and the quarry could not be directly linked by the planning department. He stressed that just because they were close to each other they should not be treated the same.

However Mr. Holder attempted to stress that the quarry and the neighbouring industrial use had links in their operations.

Concerning the proposed closure following complaints from local people, he stressed that it was incompatible to have houses near to such a business which would cause disturbance.

He said: "Quarrying and mineral extraction is a bone of contention throughout the world. You cannot go on extracting minerals from a spot add infinitum.'' Mr. Cattermole agreed and said that the quarry was not directly linked to the concrete business. He stressed that any attempts by Bierman's to rethink their operation over the years had been met with Government opposition.

Mr. Holder suggested that it would be possible to import concrete products at a cheaper rate than they were made in Bermuda. Mr. Cattermole disagreed.