The Public Lands Commission says fishermen at the George Town fish market on the waterfront may have the right to continue operating at the site, despite protracted efforts by the site’s owner to remove them and turn the location into a “park-like” area.
The issue is set to return to the Central Planning Authority this week, when owners Chris Johnson and his son Robert again bring an application to build stairs and a ramp at the Red Spot Beach site.
Twice last year, the planning board deferred making a decision on the application for various reasons, including to get comments from the Public Lands Commission on the fishermen’s rights to occupy the land and on the public’s right of way.
According to the agenda for the upcoming meeting, the Public Lands Commission stated, “the fishermen … who have long used the Red Spot property for many generations has acquired an Overriding Interest In accordance with Section 28 of the Registered Land Act (2018 Revision)”.
The commission also noted that there was an “indefeasible” public right of way at the site, which “is not capable of being annulled or voided or undone by anyone, including the Court”.
It continued, “The proposed beautification works at Red Spot must be designed in a way that it will not interfere with the rights of way and the Overriding Interest of the Fishermen.”
Fishermen who have been using the site for decades have said they do not want to move from the location, leading the Johnsons to file a legal writ to have the fishermen removed.
The Public Lands Commission is recommending that the application be deferred again, until the Johnsons can show the commission that the beautification works they plan for the site will have “no interference with the rights of way and the Overriding Interest of the Fishermen”.
The Johnsons, who say they have owned the site since 1973, on Friday issued a press release in advance of the 3 July hearing on the application, saying their intention was to modify the location as part of the government’s ongoing George Town beautification project.
“The planning application includes a proposed ramp along with planters and seating with the overall intent to turn this pretty, popular site into a park for both locals and tourists to enjoy. The busy central George Town site has historical and cultural significance which is recognized in the application,” the Johnsons said in the release.
They added, “Red Spot is the only publicly used beach between town and 7-mile and since installing the sidewalk, it is noticeably busier with cruise ship passengers who use the site for swimming and sunbathing. Although this planning application is small in scope, it addresses several issues through its design.”
The application was deferred by the planning board twice last year. It was first adjourned in August 2023 so the Johnsons could be invited to “explain the proposal vis-à-vis the displacement of the existing fish sales area”, and to get comments from the Department of Tourism and the Public Lands Commission.
It was again adjourned in November for various reasons, including to consult with the Department of Environment on potential adverse effects on the environment; to obtain comments from the Department of Tourism and the Public Lands Commission; to get a new high water mark survey; and to require a site plan showing dimensions.
The application has also stirred up the often fractious relationship between the Central Planning Authority and the National Conservation Council, under whose authority the Department of Environment comments on planning matters. The DoE, in its submission to the planning board, said it had already submitted comments on the application in June and that delaying the hearing in November to await those comments was unnecessary.
“It is unclear to us why the CPA has chosen to delay the application in this manner and to continue to not follow the Court of Appeal’s Judgement and the way forward that was agreed at a recent meeting between the CPA, NCC and the Departments of Planning and Environment,” the DoE noted.
It added, “We apologise to the applicant on behalf of the government for this unnecessary delay.”
The Central Planning Authority is scheduled to hear the application at its meeting this week, scheduled for Wednesday.
Related Videos
As I understand it these are not fisherman but fish vendors. The site has no parking and causes traffic problems, it would be better to move them to the tourist market site where there is parking.