Planning issues stop notice on pop-up beach business

| 15/01/2019 | 65 Comments
Cayman News Service

Stop Notice on Boggy Sand Beach

(CNS): The Department of Planning has issued a stop notice at the recent pop-up beach equipment rental business on Boggy Sand in West Bay. The emergence last week of a collection of bright yellow sun loungers and umbrellas on a strip of beach at the junction of Mary Hyde Road and Boggy Sand Road, as well as wooden stairs to provide access, raised concerns on social media about unauthorised commercial activity on the beach and the blocking of beach access. The Department of Commerce and Investment and the planning department were alerted to the activity and the DCI confirmed that their officers were investigating.

On Monday the stop notice was posted by planning.

Following reports on CNS about the latest questionable business on local beaches, the owner of a local tour company told Cayman 27 that the beach equipment belonged to them and it was being offered to their guests as part of the trips the company was selling. The owners told the TV station that they had secured permission from the landowners in front of the beach area, which is understood to be connected to the Heritage Kitchen Restaurant.

A spokesperson for Tour Company Cayman said they were legally operating in the area and had met all of the necessary requirements and they would continue to operate at the location because they had the right to be there.

However, it appears the planning department doesn’t agree. While the company appears to be a licensed tour company, the erection of the stairs and storage of the chairs still falls foul of planning rules.

Cayman News Service

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According to the enforcement notices posted on the stairs and the pile of loungers, the responsible parties are to “cease all development” because of an alleged “breach of planning control”. The company will now have to approach planning and may have to make a formal application to the Central Planning Authority to continue with the pop-up rental.

Although the notice warns that a breach of the stop order could lead to $5,000 fine, it is extremely rare in Cayman for people to ever be penalized for breaking planning laws. And when it comes to beach vending and temporary structures, such as the wooden stairs and stacks of loungers stored at a beach, there appears to be considerable ambiguity about what licensed vendors can do.

Would-be beach businesses can now apply to the new Public Lands Commission for permission to offer services on public property, though commercial activity is prohibited at certain locations, such as Smith Cove.

But the commission does not deal with permission for businesses operating on private beach land. The issue in these cases is over access and whether it blocks other beach users’ right of way.

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Category: Business, Small Business, Tourism

Comments (65)

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  1. Anonymous says:

    How is it that the little guy is prevented from carrying out commercial activity on public land but the dive companies are allowed to completely take over the south sound public dock when the weather is bad on the west side? Preventing the public from having access to the fecility. Let’s see if the so called activist will have anything to say on this or it’s ok because of who is committing the act.

  2. Anonymous says:

    The next good Norwester will take care of this – it always does!

  3. Jonathan Rivers says:

    Ok so lets get this strait. Its ok for some uncontrolled, unlicenced, uninsured vendors to operate on a PUBLIC beach but planning decides to pick on a operator trying to do things the rite way. This is private land the same way the hotels have private beaches and dont want ANY Caymanians there. This property has always been able to be used by the public and no one has stopped them so I fail to see the problem if this operator with permission from the land owner is being allowed to operate there. Maybe the owner should fence it off so NO ONE can use it again. Would that make all you complainers happy? The same person who is making the biggest racket about this is developing rite up the street from it on the beach as well and I would like to see anyone just waltz up and go sit on his beach and think he is going to leave them alone. If this operator who is trying to do it the rite way cant operate then ALL of the vendors on PUBLIC beach need to go. Unna need get a life and stop minding other people business! Crabs in a bucket the whole lot of you.

    • Teacher's pet says:

      Johnathan,
      its is it’s
      rite is right
      strait is straight
      a operator is ‘an’ operator
      dont is don’t
      unna!?!? not an English word.

  4. Anonymous says:

    Any watersport business that is using public lands was probably given their T & B license before the Public Lands Commission even existed. There are no regulations or anyone telling them what they can and can not do. They were able to renew their licenses this year because government and the PLC didnt have their shit together yet. There is still not set written policy or regulations about who can do business where.

  5. Anonymous says:

    Well I guess this business owner should just take his chairs and umbrellas to SMB Public Beach, setup there and expand that zoo. It would be interesting to see how that would be handled by the DCI.

  6. Anonymous says:

    We need to make a blanket policy. No commercial activity on public land period!

    • Anonymous says:

      This land is privately owned. Check the Lands and Survey Department.

    • Anonymous says:

      Joey Who and Moses K are allowing this to happen. Enforce the laws! No commercial activity on the beach

      • Anonymous says:

        Well one refreshing thing of this,……it’s nice to see the laws of the land are being enforced…Caymanian or not.

        • Anonymous says:

          Do not get too excited. Many others continue to flaunt them. This looks to be an exception rather than the rule.

      • Anonymous says:

        What about dive operators who do pickups and drop offs at the beach? Banana boats? Jet skis? Parasail?

  7. Anonymous says:

    And why not same for 7mile public beach??? This crap is out of hand and all of it needs to stop

    • OLD Caymanian Captain says:

      So many two sided rules , how come the rules for private property are different and don’t aply for public beaches , or can be overlooked. Why does the Smith Cove public beach rules are different from 7mile public beach . Oh my God . And does the owner of the licensed restaurant owns the beach property too?

  8. Anonymous says:

    Way to promote Caymanian youth moving upwards! Planning should be ashamed.

  9. Anonymous says:

    Can we do the same at the Seven mile Public Beach, Balboa Beach in Central GT, throughout Rum Point/Cayman Kai area since Planning and DCI departments are now in the mood to enforce laws? Just apply the laws how hard can that be?

    • Anonymous says:

      ssshhhh…don’t ask awkward questions!
      cig should be sued by a class action for gross incompetence…

  10. anonymous says:

    Do u mean Balboa Beach? If so the whole thing is crap. Time to knock it down.

  11. V says:

    If your private business sh*t is interfering with my enjoyment and use of a public area is this not a violation of law?

  12. Anonymous says:

    wow …enforcement in cayman…
    one small step for man…one giant leap for caymankind.

  13. Anonymous says:

    Can we get rid of all of the dilapidated beach chairs and ghetto vendors on public beach next?

    • Anonymous says:

      It’s a free for all at public beach. Perfect opportunity for some arrests by DCI, Immigration, and probably even Customs. Can we get some enforcement and the backing of the courts please???

    • anonymous says:

      What about the old tent frame at the fish market. Can those guys not get rid of it. It looks dreadful. The fish market is bad enough. It should be relocated by CIG.

      • Anonymousw says:

        U been swimming at fish market? Where do u pee. That metal crap is a danger to all. Where is the CPA? Nowhere.

  14. Concerned says:

    What about this “AquaPark” off Eden Rock. Apart from regulatory consents which it may have, did anyone qualified to do so, look at safety issues. It is evident that this attraction is primarily aimed at children, yet it is anchored 40 yds offshore in open water. I understand that up to 150 persons will be permitted on the floats at any one time.
    Even with lifeguards on duty how can all these people be monitored simaltaneously and how will they know if one person goes missing. Furthermore I understand there is no transport provided to the floats and everyone including children only 6 years old are expected to swim out there and back from the shore at their own risk.

    • Anonymous says:

      This thing has Caymans next water related death written all over it! Also who granted them permission to drill into a marine park to secure the eyesore in place!?

    • Anonymous says:

      Death trap. I don’t drive that way with the kids in the car anymore. Don’t want them thinking they’ll be allowed to partake.

    • Anonymous says:

      at their own risk

    • Anonymous says:

      Parents should parent, not the company. Sign a release and it’s on you bobo. I would never sign for my 6 year old to do that without me there, in the water with them. I will parent and let business go on if it’s not harming anyone for real. A water park isn’t a babysitter, adults are.

      • Concerned says:

        12.41pm That’s fine bobo, but it will cost you an extra $50 an hour, and it would help if you have a lifeguard qualification as it will be pretty hectic out there in peak periods.

    • Anonymous says:

      You’re the reason they stopped letting kids play dodgeball at school aren’t you?

    • Anonymous says:

      Also operating less than half a mile from an unmanned dive boat.

    • Anonymous says:

      Which responsible parent would allow their child to use this without they being present?

    • Anonymous says:

      The attraction is aimed at age groups 6yrs old and above. Statistics show that 26% are kids between ages 6-15 that use the park while 69% are persons 16-40 years of age. I’m sure the “AquaPark” has taken all risks into consideration and are confident and qualified in performing an emergency rescue if necessary. I personally know that there will be 10-12 lifeguards on duty (one of which had 30+yrs experience) at a time and one will be patrolling on a PWC which is equipped with rescue sled so that they can access the person that’s in distress very promptly to bring them ashore. I also know that there will be a ferry system in place to take customers out to the park, for kids and those that find the swim too challenging. Last but not least, the park has a capacity of 100 persons at one given time not the 150 that you’ve claimed. As a Caymanian owned business that new and fun, I think the “AquaPark” should be given a chance to prove itself before baskhng it. #CrabsInABucket

      • Anonymous says:

        If it is too challenging for some to swim out there, then it may well be too challenging for them to play on. What with falling in, and clambering out quite a few times, the exertion might bring on a heart attack.

      • Concerned says:

        6.52pm The information regarding capacity and access from the shore was provided by the Canadian employed as Manager of the facility. I suggest you personally interview him.He also stated there will be up to 4 lifeguards on duty, but that remains to be seen. I don’t know where you got your statistics from, as I cannot see many adults wanting to jump up and down water slides. I note however from their brochure that senior citizens can get a discount!.

    • Anonymous says:

      And did I mention that it’s mandatory to wear a life jacket which is supplied by the AquaPark…

    • Anonymous says:

      Don’t worry. …Mother will take away the toy…..you won’t loose any eye. 😉

    • Anonymous says:

      It was this very same type of inflatable trash that started this very issue. They were warned.

    • Anonymous says:

      My 4 year old swims out there no problem. He loves it. Quit being so dramatic!

  15. Donna M Garcia says:

    But it is 2 different block and parcel numbers 1 is across the road and one is on the beach what kind of idiots do we have in planning to know that they are 2 different pieces of land.

  16. Anonymous says:

    From the picture in a recent article these items appeared to be directly behind the nearby gas station. If that is the case I doubt that the beach property has anything to do with the Heritage Kitchen property. I would also be surprised if any private property is on the beach side of the wall seeing as how the beach has only (re)appeared in the last few years.

    • Anonymous says:

      Common sense and the rules about coastal property boundary are two different things. What you and I may find reasonable a developer and their lawyer has probably convinced someone otherwise, hence property boundaries in the sea at several location on Grand Cayman after the coastline receded.

  17. Anonymous says:

    Good news, but of course, you know selective enforcement of planning laws could raise allegations of corruption? Have you identified any other breaches of planning laws around the place?

    • Anonymous says:

      So if a group of people decide to take beach chairs to the beach they need Planning permission? I guess Planning already gave permission for all those beach chairs on 7 mile beach, behind the Condominiums and Hotels, including the chairs on the Public Beach? Unenforceable Enforcement Notice, not worth the paper its written on, ignore it.

    • Anonymous says:

      Nothing to see here. Move along. Our civil service is exemplary in every respect. Our planning laws and requirements are equally enforced.

  18. Anonymous says:

    I am sure they have a T.B.L..& a registered place of business , locally registered company, have lodged an annual return , comply with health insurance & pension requisites, insurance for 3rd party liability & the company is in compliance.

    • Anonymous says:

      …but no planning permission.

      • Anonymous says:

        Trade &Business decides whether or not you need permission from Public Lands Comission and thats all dependent on where you said business would be conducted; easy information to manipulate and omit important details or locations when you do business in multiple locations …its all about who you know and how honest you are

  19. Anonymous says:

    They can’t bully the big boys so instead the bully the small operators. Happy now?

  20. Anonymous says:

    lol tek dat

  21. Anonymous says:

    Can we do the same for the unsightly Bogata Beach in George Town.

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