The Public Lands Commission is continuing its investigation into the unregistered beach access at the end of Uncle Bob Road in West Bay, which has been blocked by a landowner.
However, to further its investigation, Commission Chief Inspector Winsome Prendergast has said affidavits from members of the public who have used the access are required to progress the probe.
“As it relates to the Uncle Bob’s Road matter, I can confirm that the investigation requires that persons/members of the public who have used the access for more than 20 years to come forward and provide affidavit to support their claim,” she said in response to queries from the Cayman Compass seeking an update on the investigation.
Last month the Compass highlighted the dispute over the access, after complaints from the public that the area was blocked with a metal gate and mounds of debris.
The unregistered path is on private property owned by John Burke who said he erected the gate and closed off the area for security reasons.
However social media commenters claimed the path has been used by the public for years.
The Prescription Law gives the public the right to use any beach or adjoining path that has been used by the public without interruption for 20 years. It also allows for the public to apply to the Grand Court to have a beach access easement formally recorded with Lands and Survey.
While this is the case, Prendergast said the affidavits that are being sought from the public are for the purposes of her investigation at this time.
She cautioned, however, that as a general rule the person conducting the investigation must be careful not to divulge information “that may prejudice the investigation of a matter which may or will lead to a court hearing.”
Burke has said he was unaware of the unregistered access when he purchased the land.
This is not the first time work on this particular site was flagged by the community and the Department of Environment.
Last year the DoE raised concerns after the developer began clearing mangroves from the site without planning permission.
An after-the-fact application was made to the Central Planning Authority last January following a stop notice issued to Burke when DoE staff visited the site and found it was already mostly cleared. His application was approved. The project, however, is still to get off the ground, Burke said previously.
For more info contact the Commission at [email protected].
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