THE ‘jury’ is still out on whether the Urban Development Corporation (UDC) and Portland residents can arrive at a consensus on public access to Winnifred Beach in the parish, ahead of an October trial date.Environment Watch.

Four members of the Free Winnifred Beach Benevolent Society took the matter to court more than two years ago, seeking a declaration of the prescriptive right of the public to access the beach.

The action followed news that the UDC intended to develop the lands on which the beach is located, under Fairy Hill Phase 2. The features of Fairy Hill Phase 2, according to the 2006 environmental impact assessment (EIA) report on the proposed development, included not only the construction of beach cottages and residential lots, but also a Fairy Hill Beach Park.

“The beach park would feature, at minimum, the following amenities: a ticket office, guard post, business offices and family-oriented recreational facilities, as well as sanitary conveniences,” noted the EIA report done by consultants Technological and Environmental Management Network.

“The main feature of this development will be the 29 residential lots ranging in size from 821 metres square to 1,505 metres square. Beach cottages will also be constructed to provide temporary dwelling opportunities for beach patrons and other visitors to Portland who are desirous of extending their length of stay,” the EIA report added.

Residents objected to the development on grounds that it would interfere with the public’s free access to the beach, which forms a part of the development.

It is against this background that the four members of the society, which was formally established later, filed suit in a bid to have the public’s right to use the beach declared an absolute and indefeasible right.

Since then, between court appearances, the two parties have been trying to arrive at a settlement that would negate their having the matter tried. Under that settlement, the Free Winnifred Beach Benevolent Society is seeking not only to have prescriptive rights to  access the beach afforded the public, but also to have a say in the management of the beach.

However, after years of wrangling over the matter, it is anyone’s guess whether the two parties will be able to agree before October when the matter is to be heard in the Buff Bay Resident Magistrate’s Court.

Up to press time, queries sent to the UDC on the matter had gone unanswered while attorney Danielle Andrade — one of the legal  advisors for the Free Winnifred Beach Benevolent Society — would say only that they were “hopeful” for a result with which both parties could be happy.

“The group remains hopeful that they and the UDC can reach a consensus on the issue of the right of the public to access the beach…” Andrade, who is also legal director for the Jamaica Environment Trust, told

“It is my hope that the UDC would realise that the beach was originally intended… to be used for the benefit of the public and that this use should continue and that they can agree to terms that are favourable and will secure access for the public,” she added.

Failing that, Andrade said, “we will proceed to trial in October”.

Phylis Miller, vice-president of the benevolent society, said they are not yet satisfied with what the UDC has put on the table.

“It is not what we asked for,” she said, referencing the last mediation session held earlier this year which saw the UDC tabling a proposal. “We were not satisfied with the results because it is not something that we will get anything from. We want to run the beach, but they want to be the head of us and we want to be side by side with them. If we sign the paper now, they can come five years later and run us.”

The UDC was, up to 2007, proposing to run the beach as a public beach. The revelation was made by Leonie Barnaby, senior director in the then Ministry of Local Government and Environment, during a forum entitled ‘Public access to Jamaica’s beaches: A right or privilege?’, hosted by JET.

“Recently, the authority (Natural Resources Conservation Authority) was assured by the Urban Development Corporation that the beach will be operated as a public beach, and that there will be no restrictions to the public in terms of it being a privately operated beach or one associated with any resort development,” Barnaby said at the time.

In the same breath, she had attempted to defend the UDC taking over the management of the beach, given, among other things, the lack of sanitary facilities.