Settlement expected soon in Winnifred Beach impasse
THE Urban Development Corporation (UDC) may be a step closer to resolving its impasse with Portland residents over access to Winnifred Beach, which is located on lands slated for development by the agency.
Senior director in the Ministry of Local Government and Environment, Leonie Barnaby, said last Thursday that the agency had signalled its intent to operate the beach as a public facility, despite the development proposed for the area.
“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 told a public forum on beach access on the island at the Terra Nova All Suite Hotel.
The forum, entitled ‘Public access to Jamaica’s beaches: A right or a privilege?’, was put on by the Jamaica Environment Trust (JET).
Barnaby added that the UDC would also hold a meeting with residents about the development.
“They will have their public consultations very soon,” she said.
Barnaby’s announcement came in the wake of an earlier scheduled consultation in May, which was cancelled for unknown reasons.
But despite her revelations, residents have noted their intent to forge ahead with their effort to secure prescriptive rights to the beach via the courts.
“I do agree that it (Barnaby’s revelation) is a concession and important for where we want to go. But it doesn’t go far enough. When access to the beach is going to be agreed upon, what we find happening is that it is the less attractive, less convenient and less enjoyable part of the beach which is reserved for the public,” attorney for the Winnifred Defence Committee, Marcus Goffe, told the Observer.
“And then there is still the issue that sometimes the access you have to pass over land. therefore we want to go to the extent of having that public right noted on the certificate of title so that the right will run with the land for all future owners,” added Goffe, who was also present at last Thursday’s forum.
It is against this background that the group, along with other users of the beach represented in the matter, will go before the Buff Bay Resident Magistrate’s Court in Port Antonio on August 8.
“The NRCA has also joined with us for which we are glad. They have filed an action, which is set for the 13th of August to assert the same right, because what the law (the Beach Control Act) says is that individual persons may commence the action on behalf of the public and so may the NRCA,” Goffe disclosed.
The UDC is proposing to build a four-phase development in the Fairy Hill area of Portland, the second phase of which is to see the construction of a beach park, beach cottages and residential lots.
The beach is to feature “a ticket office, guard post, business offices and family-oriented recreational facilities as well as sanitary conveniences”, according to documents on the development accessed from the National Environment and Planning Agency (NEPA) website.
“Beach cottages will also be constructed to provide temporary dwelling opportunities for beach patrons…,” the documents add.
Barnaby attempted to defend the UDC’s management of the beach on Thursday, noting that there was a clear need for their intervention.
Goffe, however, said that the fact that the beach was without sanitary facilities, should not be a precursor to denying the public access to the beach.