Debate over a bar on the sands of Warwick Long Bay is expected to return to court in August as environmental group BEST continues to fight the proposal.

While the project had earned Planning approval, work on the site has been set back pending a judicial review.

Entrepreneur Belcario Thomas initially put forward a Planning application for 'SandBar' in 2008, saying he wanted to create an "ambient, Ibiza-type bar" on the beach.

He said then: "I understand and highly respect the concerns to protect our dwindling open spaces and fragile ecosystem.

"The concept does not touch, remove, or damage any vegetation or plants whatsoever. None, zero, nada.

"Actually, the proposal further adds endemic flora and fauna landscaping to the area, which is not only aesthetically pleasing but helps reduce naturally occurring sand erosion of neglected areas."

Despite his assurances, BEST protested the application, with Stuart Hayward saying: "The fact is that the beach would be better without any commercial footprint."

In October 2008, the Development Applications Board rejected the proposal; Environment Minister Glenn Blakeney approved it on appeal.

Now, the decision of the Minister to support the appeal is being called into question.

Someone close to the case, who asked not to be named, said: "Planning approval has been granted, but an appeal has been brought before the court by BEST, who are challenging the Minister's decision.

"It should be before the court on August 3 and 4.

"The basic question is whether the Minister was right to go through with the appeal. BEST say he wasn't."

Stuart Hayward of BEST yesterday said the organisation called for a judicial review after the Minister turned down the advice of the DAB.

"The past year-and-a-half have been spent getting ready for this," he said. "We hope this all gets resolved during the proceedings."

Asked if he was optimistic, he responded: "I'm optimistic for justice."

If BEST loses their challenge, Mr. Thomas will be able to move forward with the project.

Even if BEST win, the project may still be able to go ahead.

"If the court deems the appeal should not have been allowed, the matter gets sent back to the Minister to take a second look," said a source close to the case.

"At that point, it would still be a bit up in the air."