An environmental charity has lost a legal battle to halt road construction at the site of a new hotel in the West End.
Caroline Bay Ltd won conditional planning permission to build a road across farmland to the site of the future Caroline Bay resort at Morgan’s Point.
The Bermuda Environmental Sustainability Taskforce launched an appeal against that decision and argued that former environment minister Sylvan Richards had acted beyond his powers.
Chief Justice Ian Kawaley dismissed the appeal and found that the minister had acted lawfully in allowing the application.
Mr Justice Kawaley said in a written judgment: “At the end of the day, the pivotal finding of this court has been that the Development and Planning Act 1974 permits the minister to override the environmental protection policies embodied in the Bermuda Plan 2008.
“The rationale for this legal conclusion is that they are the minister’s own policies.
“Should the minister’s wings be clipped and a positive legislative presumption in favour of conservation be introduced into the Act? That is a matter for Parliament.