The obstruction of an unregistered beach access path at the end of Uncle Bob Road, in West Bay, is drawing the ire of some in the community, while an adjacent land owner says he’s done nothing wrong.
The unregistered path is on private property owned by John Burke, according to the 2017 Lands and Survey Beach Access Report.
A recently erected gate blocking access to the path was flagged on social media this week, with commenters saying 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.
Burke had the gate erected, citing security concerns.
When viewing the beach access report, Burke said it was the first time he’d seen the path outlined as a beach access by any government entity. He said documents he has seen at the planning department and lands and survey department do not illustrate the path as such.
The area, according to a social media post, is known as Uncle Bob’s Barcadere and commonly used by fishermen. The path is now blocked with large boulders and an iron fence bearing the sign “No authorised entry for security reasons”.
The Compass reached out to the Public Lands Commission and the planning department on Friday for clarity on the situation and did not receive a response from either entity.
Burke said he was compelled to block the site after there was a number of criminal activities in the area, including drug use.
“My purpose for buying [the land] was for security purposes on The Shores. There was all sorts of wrong-doings going on down there,” Burke said.
He said he mounted the sign after he got planning permission to do so.
“I do not mind leaving a right of way, but it must be fenced right down to the water,” he contended.
According to the Lands and Survey report, the beach access is on private property and starts at the end of Uncle Bob Road. It is an unregistered, clear access, according to the report.
“The beach access is comprised of sand and grass pathway. Vehicles can drive to water front. There is no obstruction on this beach access except for minor bushes and overhang trees. There is no beach access sign to indicate the position of this beach access,” the report said back in 2017.
Fast forward to 2021, the trees and bushes are all gone and the access in question is closed off from public access.
Behind the gate there was a pirogue in the water and the area was cleared of shrubbery.
Burke added that he is willing to allow the public to access the water through his property, but he must give the authorisation.
“If they want access, they have to apply for permission from me, the land owner,” Burke said.
He said he has given written permission to one individual to use the access.
“I have a copy of his passport, his driver’s licence and I know where he is. I said to him ‘if you have anyone going on the boat with him, that person have to be registered with me for my security,’” he said.
This particular site was previously 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.
Burke said he has been struggling to get his project on the site off the ground for more than a year.
“I have been held for ransom for over one year,” he said.
(Kevin Morales contributed to this report)
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Really? Beach access?
I have been to this spot many times over the years to turn around after visiting on Uncle Bob Road, and I never, ever saw a “beach”! There may be a path if you really, really squeeze through the brush but there certainly is no “beach”.
As for the fact that one or two people may trespass across this lot to get to the North Sound, it really is not a boat access point either.
What about property rights? The private owner of this land certainly should have some rights, after all he paid 7 1/2% to the government upon purchase. What about THOSE rights? If the government wants to protect access to the water (err “beach”) then it should purchase land, build parks and boat launch sites and allow access to all. After all, it has millions to waste on programs like the CCC camera, license plate scanners and soon national ID cards. Spend some money on public beach access and the required parking for it.
In 2002, I built 3 homes at the end of Uncle Bob road and lived in one for 10 years and this path was always there. There was always 2-3 local fishing boats on this little beach. The path was wide enough to back a trailer to the water where we would launch our paddle boards.