No permission for Frank Sound wall

| 15/04/2016 | 93 Comments
Cayman News Service

The wall built illegally in Frank Sound

(CNS): A landowner who constructed a wall by the Frank Sound dock did not have planning permission to do so, officials have confirmed. CNS readers had raised their concerns about the wall, saying it was blocking access to one of Grand Cayman’s much-loved stretches of quiet shoreline and beach. Officials have confirmed that the owner had neither planning permission or a coastal works licence for the ugly breeze-block construction but has so far not been forced to remove it.

Responding to enquiries from CNS, Department of Planning staff confirmed that permission had not been sought by the owner and that the department was now in discussions with him. They did not, however, say if or when the wall would be removed or altered.

“The department was alerted about the construction and is addressing the matter with the landowner,” a DoP spokesperson stated.

Cayman News Service

The wall in Frank Sound was built without planning permission

People living in the vicinity as well as residents from other districts who enjoy the peace and quiet of the beach had complained that the wall reached to the water’s edge, making it almost impossible to get to the beach without wading through the water, especially at high tide. They also said that the wall is making it difficult for boaters to use the launch ramp.

“We are increasingly seeing landowners all over the island ignoring the beach access requirements and trying to prevent people who reside here from enjoying our beaches. Not only is this unlawful, there appears to be no other motivation in many cases other than selfishness,” one reader told CNS, as they stressed the importance of the community standing up against the continued undermining of access to the shoreline across Grand Cayman.

Tags:

Category: Crime

Comments (93)

Trackback URL | Comments RSS Feed

  1. Anonymous says:

    Hi CNS do you have any update on this? I was at that beach on Sunday and that wall is pretty ugly. I am pretty sure exceeds the maximum height on the ramp side and I know for sure it exceeds the max on the beach side as I am 5 foot 5 and when I stepped off the ramp the wall is around the same height as me. I also noticed they seem to have chipped away 6-12 inches of the road that leads onto the launching ramp to accommodate the foundations for this wall and they have not refilled and made good the damage they have done.

    I am interested to know what, if anything is ever going to be done about this. It really is an eyesore in its present state.

  2. Anonymous says:

    Even the Great Wall of China does not get this amount of publicity.

  3. Beta Blocker says:

    Just to be clear, “breeze block” is a ghastly Britishism for a block made from ash (aka “breeze”) cinders. It has nothing to do with passing wind.

    This wall is made with concrete masonry units (“CMUs”) comprised of cast Portland cement.

    If the CMUs are laid plumb and square and neatly rendered over with a layer of properly mixed sand and cement then we know the masons are Jamaicans. Jamaicans are the best masons but they are not free.

    If the CMUs are haphazardly laid, out of plumb and badly rendered, we know that Latin Americans were involved.

    If the CMUs are not rendered over at all then we know Americans were responsible. Americans know nothing of building with materials other than untreated lumber and chip-board.

  4. Driftwood says:

    Shame there is not an article about the massive steal structure going up on SMB XXXXXXXXX and really does show how planning don’t give a f€^> about how this island is being ruined.

    • Anonymous says:

      I agree that structure on 7 Mile is an eye sore. But unlike the wall in question they did receive planning permission. Also one must remember it is not DoP that grants planning permission on this type of thing it is the CPA a board appointed by the current Government, not Civil Servants..

      • Anonymous says:

        Money talks…that steel building(home) on SMB is absolutely horrid and in poor taste and shows a lack of concern or thought by the owners about Cayman architecture.I can’t believe that Government would allow something like that to be built on the beach..

        • Anonymous says:

          Because everything else built on SMB over the past 25 years is so stylish and in keeping with traditional architecture?

          Come on. The game was lost the day govt allowed the roof tops to go higher than the casuarina trees.

          You want concrete jungle, you get concrete jungle……

    • Anonymous says:

      Forget about the Frank Sound Wall. There is a house under construction on a beach front lot in South Sound that is much too big for the lot. This massive house is taking up 100 % of the lot and they are using the main road and property on the land side for all the construction activity. For the past several months when driving by this site traffic is usually stopped in both directions waiting for materials to cross the road. This lot is simply too small for the house that is being built on it, the house straddles the whole lot and appears to be built almost on the boundary on both sides and very close to the main road. Just a matter of time before one of the workers is killed or there is a serious vehicle accident. If this was reviewed and passed by Planning someone must have been asleep.

  5. Whodatisnt says:

    As a true,natural born, generational, real CAYMANIAN (spelt will all caps so you know I am legit) I would support a wall all along our entire border to keep all the wall building furriners and homos out. Trust me, i know a homosexual foreign wall when I see it. Next week it will be applying for a dependant permit for some fruity hedge it claims is its husband and turning all our picket fences pink.

    • Anonymous says:

      As a natural True Born BRIT I say you will do as you are told or be spanked by headmaster! Our fruity hedges are the best on the planet. Come see me after work to explain yourself. Wear the little leather thing. Or ting.

    • Anonymous says:

      I heard that the wall was an atheist, too!!

    • Anonymous says:

      I am a true born CAYMANIAN, and a GAY one too, we need a wall to keep ignorance out of these islands, that is what we need. Just you wait until Gay CAYMANIANS start to apply for their partners legal rights to remain and work in these islands, what are you going to do? You need to pay more attention to the important issues, like child molestation, domestic violence, unsolved murder cases, and people disappearing without a trace, not to mention all the armed robberies, that are getting more violent by the day. Blame the greedy land owners for selling out their birth right, so they can have a flashy car and house, they did not care whether it was a Homo or a moho’s money, so please keep your ignorance to yourself, and just go ahead and wall yourself in like a crab in a mud hole, ignorance is bliss, but you would not know that as you are so narrow minded

  6. Anonymous says:

    How can you tell that’s a white peoples’ wall? Just askin’.

    • Anonymous says:

      Because if it was a Cayman wall, it would have been knocked down and the owner in prison serving a life sentence.

      • Anonymous says:

        Even if they were white people?

        • Anonymous says:

          Everyone knows that Cayman was discovered and settled by the famous African explorer Chris Chris Columbus. Then the British came and stole the place so they could take all the credit, er coconuts.

  7. Hard Working Caymanian says:

    I’m writing this with a challenge to CNS

    I am writing this with a challenge to CNS. This “news” article shows a lack of professional journalism, this is more of a blog stating personal opinion than an unbiased news article. “Ugly wall”? really, come on you have no idea what that wall will look like once it’s done. “Blocking breeze”? smh, a three foot wall blocking breeze? I had to drive out there to check this out for myself.
    One begs to question how much facts was even checked. I.e. Is the land owner in actuality breaking any laws? Unless the laws have changed I believe a land owner has to right to erect a boundary wall not exceeding 36 inches high without planning approval. The landowner cannot block right-away on the high watermark which they clearly did not block. If the above is correct all arguments against this wall is void.
    A note worthy point to CNS is that the photo was shown is compelling evidence that the photographer was trespassing on private property, which clearly they knew was private property as that is part of the argument in question.
    Beyond all of the above I would like to state that as a CAYMANIAN oceanfront property owner the ignorance displayed by my own people is appalling. An land owner should not have to contend with public disregard of their property because it is oceanfront. The law states the high watermark is public access that does not give anyone the right to use my property at their own will.
    Caymanians, yes, my people (and trust me you can trace my genealogy back to the first settlers) need to recognize we are fortunate to be allowed the access that we have, considering we do not these properties. It’s like you sell me a car and then want to tell me what color I can paint it and that you can borrow it for a little drive whenever you feel. Go to your government petition them to buy more oceanfront property for public use. Stop penalizing innocent people for trying to protect what they have dearly paid for.

    • Anonymous says:

      I don’t know if the wall is legal or illegal. I do know it’s not 36in high because there are clearly 6 rows of 8in block, so it’s 48in high, plus any additional height from the concrete footing.

    • Anonymous says:

      “Breeze block” is the type of concrete block used in the construction of this wall. Lol!

    • Anonymous says:

      “Hard working Caymanians” “500th generation Caymanian”? (Ok you didn’t say that but many do). What point are you trying to make? You wield the Caymanian generational thing like a badge which infers that everyone should kowtow to your opinions and beliefs. Having a brain and a good argument will win you my respect, nothing else. Badges are for Boy Scouts. And if you still want to play the hardworking or generational thing I can trace my ancestry 900 years and work damn hard too. On your knees sucka.

  8. Anonymous says:

    At the end of the day, i couldn’t think of anywhere worse to live, at least for privacy than next to frank sound dock. people fishing, walking dogs on the beach and launching boats. not very private and whatever the owner was trying to do is beyond me. this all happened over easter and its not a couple of hundred bucks, it a few thousand to build the wall. If you buy property, you have the right to do what you like as long as its within the planning law. that why it exists, if he didnt follow planning then he should be forced to remove it. simple as that. that goes for anyone who decided to jump the gun on applications or even constructing walls, homes etc without planning authority. Otherwise Cayman will just become a free for all and construction fall into “3rd” world status.

  9. Anonymous says:

    As far as I know the planning law states that one may construct a 3 and a half foot wall on ones property boundary and four foot if chain link without applying for permission. Maybe that law changed and I am not aware of such changes. One is allowed to construct 75 feet from the median high water mark if it is beach and 50 feet if it is ironshore. That is not to say that many of those who have broken this law and gotten away with it are not at fault. Why is it that those on one side or the other of the Caymanian/expatriate divide only care when it is one from the other side of the equation who breaks these laws. It was people like Dart who have set this precedent and although he is now called a Caymanian on paper because of McKeeva but will never see them as such. If the laws are not equally applied and enforced they are useless and a cause for further contention.

  10. Anonymous says:

    I wonder how many persons that commented went and personally looked at the wall before making their comment. The wall is not on the waters edge when I visited the area. Yes If the owner built without permission he is wrong. But it surely does not solve the issue for the public to push the wall down without facts. Why are people so eager to be aggressive rather than solving an issue amicably with the facts. Where is the Love our Caymanians grew to share rather than be so aggressive.

    • Anonymous says:

      I visited over Easter. The tide was in and the only way I could get onto the beach was by walking through water. That wall is ugly and it looks too high to me.

    • Anonymous says:

      Um, you obviously didn’t check it out at high tide then. Take some rubber boots if you do.

  11. Anonymous says:

    As always, “It is easier to beg for foregivness, then ask for permission”. The way it’s been, and the way it will always be, until THE PEOPLE CALL FOR CHANGE.

  12. Anonymous says:

    Were gonna build a wall

  13. self inflicted drift wood says:

    This is what happens when unno caymanians a sell all ya land to dem foreigners!

  14. Richard Wadd says:

    While I am in agreement regarding the encroachment on the high-water boundary, I am not aware that the Planning Law requires a property owner to obtain permission to errect a fence BETWEEN his land & an adjacent property.
    While there are certainly guidelines and restrictions, it does not seem reasonable that permission would be required for any landowner to protect his property and privacy, regardless of if he is White, Black, Caymanian or even a mix of all three.
    I will follow this story with interest.

  15. Anonymous says:

    Selfish ignorance at its glaring best.

  16. Anonymous says:

    Malcolm XKY is a racist.

    • Malcolm XKY says:

      Cayman has become the land of different rules for different people. I am pro-Caymanian so how does that mean I am racist? Why can’t I be proud of my heritage in my country and point out the double standards or special treatment given to certain people.

      I do not want to agree but maybe David Legge was correct about the systemic corruption and nobody being concerned because some deem themselves more deserving of special treatment than others so the haves see no problem with the different sets of rules and double standards.

      #CAYMANIANLIVESMATTER

  17. Anonymous says:

    There is a system where the government takes land from the owners. Its called communism. If I owned that land and you came to tear down my wall I feel sorry fa you.

  18. Anonymous says:

    There are a lot of very overt breaches of the planning law back of town with no rich white people anywhere to be seen. The lack of enforcement of laws is sickening, and where they are enforced you will find that it is often against that demographic you claim is exempt.

  19. Anonymous says:

    Yea Yea,, I agree construction rules and laws must be obeyed and we should kick up a storm.. BUT, wait till your are the owner of beachfront land here and you have people trespassing (not at high water mark either) and tearing up your trees, littering your land, lighting bonfires at night, stealing your chairs or hammocks, leaving fishing hooks and fish heads that they toss anywhere.. then you will know what to complain about. Its a two way street.. respect the land-owners rights and vice versa !

  20. Anonymous says:

    The last I read the Planning Law it stated that the public had access to all coastal areas around the islands.

    That is, wherever the high water mark (high tide) is located and up to 20 feet inward, the public had access. Beyond that……. it’s considered private property.

    That’s why you can pitch your tent at the back of the Governors residence during Easter or any other time and no one can touch you.

    Bunch of water logged driftwoods !!

  21. Anonymous says:

    Well, let’s sit and watch how much teeth planning actually has or what BS arrangement they will come to. I am sure some strings will be pulled and nada is gonna happen.

  22. Anonymous says:

    I bet CPA will approve this wall anyway, retroactively – just for the fees!!

    • Anonymous says:

      The fee would be paid as part of the application process. A planning fee is not returned to the applicant if his application is refused.

    • Anonymous says:

      If the wall is legal within Planning and CC rules, they will likely charge an after-the-fact fine, which is ten times the amount of what the permit would have been.

      If the wall is 40 inches or under, then no Planning permission was required. I don’t work for or with Planning, but I do read a lot of government legislation.

  23. Tear down this wall says:

    Well. I was there yesterday. Its appalling. But i am planning on coming there tomorrow with a machine to remove the wall.

    I figure since someone put it up against the law, then under the law i can remove it since it is not supposed to be there.

    If its not legal to be there then how can it be illegal to remove it.

    Typical of this place though.

    So me and a few friends are coming to remove this illegal wall tomorrow. All are invited to attend.

    • Anonymous says:

      You may want to check who’s it is first. What if it’s uncle Dart’s?!

    • Anonymous says:

      I back you up 100%

    • Just Askin' says:

      Will there be free food and event t-shirts?

    • Anonymous says:

      This demonstrates why most advances countries have government lawyers that work to protect the public interests “ombudsmen” or ” Consumer Protection” or both. Otherwise, people just building and tearing down walls until it leads to grave conflicts.

      My view is that the landowner wasn’t right and you wouldn’t be right either to tear it down.

      hope we get a public interest legal department before 2021.

  24. Anonymous says:

    Who is the licensed contractor who happily built the wall without planning permission?

    • Anonymous says:

      Not sure. But I am sure the relevant regulators will not hold it against them! This country is increasingly becoming a joke.

    • Anonymous says:

      Does anyone know the height of this wall? I think unless it’s higher than 3ft 6in there is no need for planing permission. Can someone confirm this? (Please note I say I ‘think’ it’s 3ft 6ins)

    • Anonymous says:

      The onus is no longer upon the contractor, but the property owner to obtain planning permission. Frequently, the contractor submits the paperwork, but it is the owner’s responsibility.

      • Anonymous says:

        And isn’t that stupid? Imagine how much better the laws would operate if contractors at least had an obligation to check their work was lawful?

        • Anonymous says:

          Suspect the contractor version might have hit hard on a few MLAs sideline business, along with that of their family/friends/ connections.

  25. Anonymous says:

    So. What’s the bid deal?
    The precedents have been set in many areas.
    From the West Bay “fools mansion” in the water on Boggy Sand, the Beach Cabana on stilts by Royal Palms, and the other landowners who block their seaside accesses Such as the White House in Bodden Town did from years ago.
    If you don’t want the sea accesses blocked, stop selling the land down to the waterline, and change the public access law back from “high water mark” to “edge of vegetation”.
    Simple.

    • Anonymous says:

      The Prescription law gives everyone reasonable free use of beach land to the vegetation line. Ownership and right to use are not the same thing.

    • Anonymous says:

      How I wish we could revert to the ‘edge of vegetation’ provision! The Government who made that change without even consulting the public did this country a huge disservice. Millions of dollars worth our beach just given away.

  26. Anonymous says:

    Name and shame the owner. A matter of public record.

  27. Anonymous says:

    This land should never have been allowed to be sold to any private individual. What should have happened is the CIG should have bought it for public beach. I have stressed previously on several occasions here on CNS there is no public beach at all between BT and EE and that the area around Frank Sound launching ramp should be preserved as public beach. Now this huge and ugly wall has not only ruined a once stunning spot forever, but also its now almost impossible for boat trailers to manouvre on and around the launching ramp, particularly when the car park is full.

    – The wall should be destroyed and everything should be returned to the way it was before (although its too late for the plot of land as the land owner has cleared all the trees too);
    – The CIG should get a compulsory purchase order against the land owner and put things back the way they were before – leaving the beach and the launching ramp for the public to freely use.

    I am so fed up with people doing this kind of thing all over the island. It wont be long before all of Cayman is ruined in this way.

    Very, very sad.

    • Anonymous says:

      Was there planning permission to mechanically clear the land? I doubt it. More of the usual non enforcement or selective enforcement of laws in these lawless Camanas.

    • Anonymous says:

      Heritage beach is public. It is between BT and EE.

      • Anonymous says:

        It’s actually owned by the National Trust which has to raise funds and find volunteers for clean ups because the DEH doesn’t regard it as falling within the ambit of Govt’s beach cleaners or trash collection unit.

        Public access has its downsides. Just ask the neighboring owners who constantly have to clean up all the disgusting garbage and used condoms that are regularly strewn about there.

      • Anonymous says:

        It’s EE.

  28. Malcolm XKY says:

    Cayman is the land of different rules for rich white people. Money makes them better than others so rules do not apply.

    Exceptions are made everywhere. The Planning department and DOE need to enforce all laws fairly against rich and poor black and white.

    • Anonymous says:

      In a country where only Caymanians are in government, and only Caymanians can vote, you know who to blame.

    • Anonymous says:

      A drive around any part of the island, whether residential or industrial, reveals all manner of planning law and trade licensing infractions.

      No one is held accountable and it has nothing whatsoever to do with nationality, race or colour.

    • Anonymous says:

      That’s right! If it were a rich black man it would be completely different. Power to the people (of course I mean only non white people, but I’m not racist.).

    • Anonymous says:

      So, 1:22, you stupid Caymanians should stop selling your land to what you call “rich white people”.

    • Anonymous says:

      Your rules, your government, your votes. You sort it out!

  29. Anonymous says:

    If a Caymanian had sone this sh*t planning would have removed it themselves.

    • Anonymous says:

      As well as pay non affordable fees, and possibly jail time.

    • Anonymous says:

      No, I’m still trying to resolve an issue with a born Caymanian landowner who has taken a piece of my land with a fence and Planning/ Lands and Survey agree but they are still dicking around trying to get something done because the born Caymanian has political connections. David Legge in his infamous Compass editorial was correct. There is a level of corruption here that is very difficult to deal with but the politicians are shit scared to touch it because it involves “our people” (ie “our votes”).

      • Anonymous says:

        Sue them. It’s not the job of planning or lands and survey to solve your neighbor problem.

      • Anonymous says:

        Clarification, David Legge was wrong in his editorial because he said that you were corrupt as well.

      • Anonymous says:

        7:48 Get a Caymanian lawyer who is connected with the political elite. I am serious as I had a similar problem and as driftwood we need the local connection. Check with your local connections for the name of a good lawyer and go after the person.

You can comment anonymously. See CNS Comment Policy at the top of this page.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Please support independent journalism in the Cayman Islands