Condo owners win sun lounger fight

The owners of luxury condos in West Bay have won the right to use their sun loungers on the beach after a planning enforcement notice was quashed.

The Boggy Sands Club, which does not front onto the ocean, had bought a plot of land on the coast as an amenity for owners.

But neighbours objected, claiming the beach-side property was being used for commercial purposes in contravention of the planning law.

Amid claims and counterclaims over a period of almost two years, the Department of Planning issued, retracted and re-issued an enforcement notice against the property owner.

However, the Central Planning Authority has quashed that order after hearing submissions from both sides.

Ron Sanderson, deputy director of planning, gave evidence at the hearing that he had issued the order in the belief that a commercial licence was in place between the Boggy Sands Club and the strata owners for use of the beach, and that this constituted a commercial use of land that is zoned for low density residential use.

Morne Botes, the developer of the 20-condo complex, testified that the property was simply an amenity for the owners. He argued that the same type of arrangement takes place at condo complexes all along Seven Mile Beach and that the site was for the benefit of owners and guests only.

He claimed there was no money changing hands, no commercial activity and no vending or hustling on the beach plot.

Botes told the Compass he was happy that the CPA appeal had vindicated the strata’s actions. 

He said Boggy Sands Club had acquired the beach front land – at significant cost – as an amenity. There are no plans to develop the plot and it is used purely for sun loungers for residents and guests, he said.

Botes added the land had been bought with planning permission attached for a 5,500-square-foot house but he had decided to keep it in its natural state.

“I was surprised to get opposition for not doing a development on the site,” he added.

“I have no problem with my neighbours and I hope we can move forward now.”

The decision, from a 3 April meeting of the CPA, was posted this week.

The Compass reached out to a representative for the objectors but had received no response by press time.