Beach access lost to West Bay Road tunnel
(CNS): The tunnel built by one of Dart’s network of companies on the West Bay Road, which is part of a plan to link Camana Bay to an oceanfront property the developer has acquired along Seven Mile Beach, is at the heart of a controversial legal case regarding beach access rights. Some of the details of this case were aired in open court before Justice Margaret Ramsay-Hale on Friday, where it was evident that there are a number of issues to be dealt with before the judge can make a decision as to how Dart is going to compensate the country for the loss of two public beach access points blocked by the tunnel.
The case was originally ex parte and closed to the public. But the Concerned Citizens Group made an application to intervene and as a result managed to get the Public Lands Commission and the land registrar formally involved in the case to ensure that there was a respondent in the case.
The judge had expressed concern when she took over Dart’s application to move the missing beach access points to an entirely different location that there was no respondent. At a previous hearing it was decided that the lands commission and land registrar were the appropriate respondents.
But because Dart was given permission to block the beach access points by the Central Planning Authority when the group was cleared to build the tunnel, there are now two government entities in conflict with each other in this case.
Dart had applied to the court to consolidate and relocate the two missing access points at the southern boundary of Royal Palms to update the Land Registry, as the land registrar did not have the power to alter dedicated easements.
During Friday’s hearing Justice Ramsay-Hale directed Dart to serve the attorney general as the representative of the crown, which owns the beach access points that have been blocked, and as an added representative for the public. But she also urged the parties to reach a deal.
Given that the court will not be ordering the developer to pull down the tunnel, the solution has to be an appropriate replacement for the missing access points that compensates adequately for the well used public easements points on Seven Mile Beach, where access to the beach for vehicles is near impossible and increasingly challenging for pedestrians.
The inadequate access for vehicles is a problem for emergency services, and the inability of cars to get anywhere close to Seven Mile Beach makes taking even small boats and kayaks or other beach gear very difficult for the public and reduces their enjoyment of the coast.
Despite taking two beach access points and effectively blocking off a significant portion of Grand Cayman’s famous beach, Dart’s President of Real Estate Asset Management Justin Howe said the group was offering more than it was obligated to in return.
“The consolidated and enhanced public right of way is wider than most, providing an 18-foot access and facilitates emergency vehicle access, as was required last year when a boat was beached on the shore. Access to the beach by the community is important and we are confident that we can reach consent on achieving meaningful beach access,” he added.
No date has been set for the next hearing in the case, but with the success of the intervention by the Concerned Citizens Group, ensuring that government is now fully involved in the case and the public is paying attention, the veil of secrecy has been lifted.
The issue of beach access is a very important one for Caymanians, who have already lost the view of their country’s once picturesque coastline. Now locals are also losing the ability to get to the beach, with access points under threat for more and more development.
The decision by the CPA to allow Dart to block dedicate access points set a worrying precedent that undermines what should be indefeasible rights of public way, making what should be set in stone vulnerable.
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Category: development, Local News
I’m surprised it’s only two.
Think of the other ones on the Seafire property and just north of it.
The new PAD “Camana Bay #2” is part of the original three quarter mile stretch of West Bay Road which was closed.
When Dart was allowed to move West Bay road this was the beginning of the problem.
I can remember driving up West Bay Road just before that and counting the number of cars which were parked at the sides of the road where those properties now are. There were more than 150 of them.
Now there are very few spots for those people to park and even if they can, they have to walk up to a half of the 3/4 mile stretch in order to find a spot to sit on.
For people with young children or the elderly or the infirm, this was never going to work.
What do people expect when half the CPA members get their bread buttered handsomely by Dart? And enabler politicians blatantly stand their with dirty pockets open.
Anonymous 11:18 pm:
You get the “Right On” comment of the year award for your inquiry shedding light on the way things really are in the Cayman government.
LOL. I think Dart could give you all a million dollars and half of you lot would all still complain. Royal Palms physically blocked one of those beach access years ago. Now Dart is replacing the blocked one and another with a huge one on the same lot! Honestly there’s a lot Dart gets wrong but whining about the things they actually get right just turns it all into white noise.
DartBot you are recognised as the Dart PR minion you are.
What a pathetic response. Please explain to me why replacing a beach access that was blocked by the previous owner and another beach access with one that is twice as big and on the same lot, is something to complain about. Please I’d love to know. Dartbot? Grow up idiot.
Well, Mr. 4:20 pm: I don’t mind being called an idiot once in a while ’cause I know i have done a few idiotic things, but I’ve never have been a thief, and I never worked for a man whose ways to get rich were by theft. You must be proud of yourself.
Don’t blame Dart. Blame the crooked/corrupt policiations and the foolish/stupid voters that voted them in.
Any identified organzation worldwide must be blamed for who and what they are.
Truth shines the bright light.
Is it okay to blame them all?
Let him have it. There’s no beach anyway. All the money he spent taking over will be an investment he will come to regret. I’m sure someone said that he who climbs the highest falls the hardest. Tourists aren’t ever going to come back with the numbers there were. No beach, nothing else of interest, no tourists. Done.
A little over dramatic but thanks.
Curious- Where else in your life does catastrophizing show up? Does it help you get more of what you want or less?
Then what next will Dart want to take from the Caymanian people.
Dart with the assistance of Mac and Alden took our West Bay Road.
There is no satisfying persons who are power and money greedy, they will take all for themselves.
Stop Dart while we still have something for him to take away.
So am I right in thinking there used to be a small beach access along both the south and north boundary of royal palms? And now the tunnel blocks the north one? And Dart is upgrading the southern one to 18ft wide? If that’s right I’m really struggling to see why this is a problem. There’s nowhere to park along there anyway and you could never see the sea from WB Road at that point either.
Dart’s tunnel blocks two rights of way, not just one.
Planning approved construction of the tunnel, it was Dart’s responsibility to not block the rights of way.
The right of way Dart now says he wants the “give to the public”, is a false statement by Dart.
That vehicular right of way on the Southern boundary of Royal Palms has been there for many, many decades, since Moxy Whitney, a previous owner of Royal Palms, built Island Pines condos.
That busy Southern right of way serves commercial vehicilar access and parking for Island Pines condos.
Additionaly that right of way is for commercial uses to service Dart’s water sports business.
Dart gives Caymanians nothing, it is all about buying influence.
Don’t worry, McKeeva’s Attorney General will negotiate a deal with DART. WTF?!? Is that the AG’s function?
Yes, he told Government to accept the Dart drafted NRA Contract, now he oversees the implimentation as bit by bit Dart takes it all one bite at a time.
Finally someone gets it!!! Cayman was sold the moment Mckeeva was in power and Dart came to the island seeking refuge from other countries and family members after him. Mckeeva and his other minion ministers all signed off on changes to the law to assist Dart with status quickly. The binding contracts and sales that took place during that period of Dart giving Cayman PARKS!!!, can you imagine PARKS instead of TRADE SCHOOLS in each district, which Government had to take over the upkeep after 5 years, has hindered ANY NEW GOVERNMENT to make ANY changes. There hands are tied and they are buried under non-disclosure agreements from discussing anything in those agreements. Wake Up Cayman! Stop expecting anyone new to make a difference when it comes to Dart.
But public rights of way are not indefeasable. The government can vary them. Wish it was that easy for the path at the edge of our condos. All we can do is try to make sure it is as overgrown as possible.
Gosh, Mr. Blob, I do dearly hope your condos aren’t the ones in which us great unwashed sully with our presence on our way to enjoy OUR beach.
You don’t own from 15 feet of the high water mark to the sea, Mr. Blob. We can enjoy that slice of sand, did you know that? Just as long as we walk along the Crown land and don’t trespass on yours.
Tell me, how are your condos coloured? Pink with white and pale aqua trim, I bet.
I really hope you are a person just trolling and not a real person with heartless concerns.
This one needs to be found and keep it cleared at all times.
You are one of dem money laundering real estate people who came and liked what you saw but hated us.
Whereever home is go back now, sooner rather than later.
It is very important to note the rights of way were missing for years, blocked by previous owners long before Dart bought the property! In relation to the ROWs, Dart was trying to fix the issue through the legal mechanisms and built an 18 foot path that is accessible by all, including emergency vehicles.
DartBot yes land owners like Dart plant trees in Rights of Way to block the pathway and Inspectors do not take the action they should to arrest them.
Time for abusing Caymanians coming to an end.
We will now be standing up for our rights.
As the Judge Dart must not profit from from unlawful acts.
And Public Beach is left like a sh/th@le at the end of every weekend by probably the same persons bitching on here about our beloved beach!!!
I not only pick up mine, but that of others on occasion, however I don’t see the beach being left as a shithole lately, at least not as much in previous times.
I have a question for you: Why aren’t you angry with the people who mistreat the beach, rather than the people trying to preserve it for all our use?
“Given that the court will not be ordering the developer to pull down the tunnel” – why is that a given? There was an incomplete plan accompanying that project approval and it should be rescinded and torn down at their expense. Both of them. Also a fresh eyes review of other stalled promises is warranted: the Old Hyatt eyesore being one, and NRA obligations that have been welched on. We need to hold their feet to the fire.
What is perplexing is why both tunnels had to be built at that time. It is rather ironic but there is now no beach for those at Camana Bay to visit and thus the tunnels are surplus to requirements.
The tunnel is ugly and reminds me of the ghetto in NY
Yeah. They should have NEVER been built! If our greedy-assed so-called leaders had any brains (or if they hadn’t been so greedy), they would not have even been considered.
12.11, as you may know ..They are the sub structure for a proposed development over and on top of them.
Remember the marketing renderings showing trees on top so that there would be a safe crossing to the beach..?
The tunnels were never for “pedestrians moving from Caymana Bay to the West Bay Beach”. That was another Dart mind controlling misinformation trick on the Caymanian public.
The tinnells were always substsntial parts of the 100 storey Dream Iconic Building promoted to Caymanians by Mac, Alden and Dart, planned to be the talllest bulding inthe Carribean!
This megabuilding is planned to consist of shops, apartmets, offices, car parking, restaurants, hotels, condos, helipad, entertainment facilities, emergency services in other words a self-contained mini country state unto itself, mainly for non-Caymanians.
The rights of Caymanians gets in the way of all these plans.
These are some of the reasons why Dart was trying to get the Court to secretly approve the extinguishment of the two rights of way without letting the Caymanian public know what was being done.
Why is all versions of the Dart – Government agreement still secret and unpublished?
“… before the judge can make a decision as to how Dart is going to compensate the country for the loss of two public beach access points blocked by the tunnel.”
This is the crux of the problem; Dart will have to compensate for the loss of two public beach access points. Compensate? He never should have been allowed to take them. So he’ll end up paying a fee or fine and life will go on and eventually our beloved beach — formerly Seven Mile Beach — will be lost to us.
.. and it’s all our own fault for letting it happen.
Dart doesn’t pay stuff like that…… he just moves on.
Annnnd Dart again, makes news..and again not for the right reasons.. No surprise at all, he along with his other billionaire friends, have been trying to turn these Islands into a playground for the rich and infamous for years.. Appears when you own the chess board and pieces, it is pretty easy..
Not all of the pieces, just the ones with the boldest moves. Don’t forget though, many gambits are won by the lowly pawn.
This headline is such link-bait and BS. The real story should be. DART removes two tired overgrown beach accesses that were practically un-navigable due to the overgrowth of landscaping and tree roots and Replaces it with 3 well lit stroller friendly pathways tand landscaped gardens, above traffic to a clean and manicured beach. The publishers here really don’t understand how lucky we are as a nation.
One of them was already blocked by the bathrooms constructed by the previous owners (Kirckconnells) of Royal Palms!
Dreamworld DartBot the headline is correct.
Dart planted and also let the pathways to become overgrown.
Suggestion for Dart & Co, swap the ENTIRE ex-Victoria House site for the 4 access points.
Dart tried to give y’all that property before. You didn’t want it.
Nope. He tryed to give about 26 feet for 4 or 6 other access points.
Try again.
http://archive.caymannewsservice.com/2013/03/07/more-nra-deal-changes/
DartBot nice try to cause confusion.
How is Dart blocking 2 accesses on West Bay Road that are both probably about 10 feet wide equivalent to a single access that is 18 feet wide, with less parking than before??
More importantly will Dart guards chase away those wanting to use the beach that is next to the Dart property like the Dart guards do at Dart’s Sea Fire resort??????
Beach access on the southern boundary of Royal Palms is an oxymoron since there is no longer a beach on the southern boundary of Royal Palms. Maybe that beach will get restored after Wayne has completed the affordable health insurance coverage and improved pension plans that were a priority for PACT.
Change the signs to Water Access. Problem solved.
Said it once, said it twie, saying it again. DART NEEDS TO GO! SHOULD NEVER HAVE BEEN HERE! Of course thanks to corrupt politicians he has now set up shop in Cayman and has created his own thiefdom.
All a wealthy foreigner has to do is dangle some cash from a pole and they will ride us like the donkey’s we are to town.
Saddest part is that we are all to blame, Caymanians gave up land for cash denying the future generations of Caymanians the chance to own land at a reasonable price, politicians welcomed and encouraged these people to come and Lands and the CPA allowed it to happen.
They say don’t hate the player, hate the game. Well these professional players came here and beat us at our own game and worse is we let it happen knowingly.
I just returned from school overseas, been in Cayman 6 months and I have decided to join a few of my friends on going back abroad as there is a VERY slim chance of creating a life here. SMDH
stay and fight!
Best of luck to you. Hard work towards one’s own future produces results in any place.
We aren’t entirely to blame; Dart found a key politician in charge who was willing to sell our futures for his own benefit.
It’s why I have said before that I hope very much that we all — everyone one of us — get that which we deserve.
Be safe.
“Dart found a key politician” ?????? I think Dart found plenty of the kind he was looking for.
The new access provided is amazing, probably the best one on island. The one to the north of Royal Palms has not been usable for at least 30 years. Thank you Dart, much appreciated.
Too little too late as usual. We have to ask ourselves as a nation, do we really care? Back in 2018 there was a report done saying there was 90 or so public beach access points blocked. I think just less than 290 was the total of public beach access points on Grand Cayman.
If members of the public want to open up an existing blocked public beach access, can they do so without notifying any of the property owners of either side of the access, and without being arrested by the Police.
Although, the current CPA is under much scrutiny with projects, cases/tribunals, & decisions they make on behalf of the citizens and the betterment of these islands, the previous CPA evidently chose profits of its people. AL Thompson (Former Chairman) & Bob Watler (Deputy Chairman) and likes will not be missed.
Please understand that seriousness of losing access to prime real estate (i.e. public beach accesses), slated as Crown Lands, reserved for “the people” [& visitors] to enjoy:
“The decision by the CPA to allow Dart to block dedicate access points set a worrying precedent that undermines what should be indefeasible rights of public way, making what should be set in stone vulnerable”.
PS> The Beach Land for sale at the Seaview Rd.-Frank Sound Intersection (aka Breakers Dock) needs to be purchased by Gov’t and designated as a Public Beach/Dock Extension. Minister Jay Ebanks, I hope you’re reading this?!?
Are you sure Thompson & Watler still do not have any influence of the CPA?
This is an inaccurate statement in the CNS article, the paths were already blocked before Dart bought the property and built the underpasses. The only reason they came to light was when Dart applied to build the underpass they realised the paths were originally there and blocked, raised it at the CPA and requested relocate and modify to create the 18-foot path so emergency vehicles could access the beach.
No Doubt.
…and, already we can spot 👀 a few croonies.
NEW Central Planning Authority Board, 2021:
CHAIRS:
Ian Pairaudeau (replaced Fmr. CPA Chairman, A.L. Thompson, who runs Cayman’s largest hardware store company, as head of the board).
-AND-
Handel Whittaker (replaced Fmr. CPA Deputy Chairman, Robert Selkirk Watler Jr. aka “Bob Watler”).
OTHER NEW CPA BOARD MEMBERS: Joshua Bernard, Gillard McLaughlin, Charles Russell Jr., Windel Scott, Peter Campbell, Kenneth Ebanks, Danette McLaughlin, Shakina Bush, Christine Maltman and Celecia Bancroft.
-AND-
ONLY REAPPOINTED CPA MEMBER: Ashton Bodden.
I remember when Jackie Doak was so proud when blustering about the Sea to Sound overpass project, elevators to be built in to help the less-abled etc.
I don’t remember an honest PR campaign spouting from her though,
‘Sea to Sound for Darts Privileged Circle, screw everyone else’
Yes and their conversion of WB road to a ‘bike path’ also proved to be a lie.
These people are unqualified and think they speak for Cayman. They don’t. They speak for Dart’s profit off of Cayman.
Oh yeah, and clearing the mangroves north of Kimpton to create an outdoor music venue…a one time event. Bait and switch always. Watch them clear the “nuisance” beach rock next, at night with back hoes and no approved plan of operation.
Sorry to say it but it seems that is all that person is good at, giving a lot of flowery no detail speeches that never materialize into anything. Bet her nest is feathered pretty good though!
But what I really want to know is what have the Romans ever done for us?
‘it is said the people are revolting’ – ‘you said it, they stink on ice’
Smoke, mirrors and batting eyelashes. It worked for a while until people saw through it.
Please point out to me any other beach access right of way in Cayman that can accommodate vehicles. I don’t love everything that Dart has done but let’s at least be fair and point out the complete failure of CIG to protect most beach access points in Cayman.
Opposite Marsh Road on northen section of WB Road. About 20′ wide. Happy to assist you.
Wow. Someone dislikes a physical fact!
Baby steps, baby steps. Encouraging news, but very early days now that this issue is in the public eye. Kudos to Justice Ramsay-Hale for taking this on.
Dart has been allowed to do anything he wants and answer to no one…the access has been gone for years, it never should have been approved from the beginning
Let a simple try and do this. We would be shut down faster than an Ethiopian chicken at dinner time.
Correct, that access was gone many, many years before Dart purchased the Royal Palms property.
Guess you did not get any contract or supply business from the company in question
The “company in question” has everything in house.
Lawyers, designers, construction company, hotels, restaurants Marinas, politicians and the list goes on . They are self sufficient now and don’t need to give anyone any work.
‘Given that the court will not be ordering the developer to pull down the tunnel, the solution has to be an appropriate replacement for the missing access points that compensates’
Pull the damn tunnel down, so tired of the ‘it’s easier to apologise later than ask for permission stance especially when f#%^*¥g up the very fabric of the Cayman Islands and it’s environment that’s taken by these people. 🤬
Yes. Also remember that this was all part of a much bigger plan.
It does hurt to see the Dart family always keep trying push the limits to the max.
We have not forgotten about what Dart and George Sorros did to Greece and Argentina.
I understand that, on the extreme side of capitalism, there is a dark side. But, if you live in Cayman, be careful not to investing and planning with no morals and cultural respect.
Some of the Dart family has made Cayman their home and, when they interact with our society, those of us, who know who they are, have enough respect to tell everyone else, who is clueless to their identity.
As a fair trade off, DART group, please be a bit more responsible and don’t take Caymanians and Cayman society for fools.
I’m not going to say anymore, because this is not a threat, just a call to do better. You live here, why not make it easier for yourself and your family.
If this stuff keeps happening, Dart family and companies may start being called out in a way that has not happened before. Be responsible, that’s all.
Who you blaming bobo? Your anger should be at the (Caymanian) CPA who allow this to happen.
that Dart are basically a bunch of a-holes at this point.
They follow the Golden Rule that whoever has the gold makes the rules, but why anyone who can avoid it still deals with them is beyond me.
One can look at this beach access issue and how they have fought with Britannia owners, screwed over Cafe Del Sol to bring in Starbucks, snuck two extra stories on the Kimpton (below ground after they built a hill on the site) etc. etc.
No one seems too upset at the Kirkconnell family for selling Royal Palms to Dart in the first place which allowed this whole mess to happen. Where are all the multi generational Caymanian families now?
Cayman has become so expensive and the economy’s rewards so skewed in terms of where they go that if you do not want you and your children and their children to be in the rat race forever and you have some land, you sell it. Fact of life for landed Caymanian families. Ours has not sold any of its land just yet but we will eventually, because we will have to do so. Don’t worry, it isn’t coastal.
Counting their pennies, like all the others that sold out.
They are laughing all the way to the bank.
The beach is gone. Soon all of 7MB seafront will be under water.
You’re certain about that? What is your definition of soon? 5 years? 7? 22? 75? 150?
This is a very important legal note for people whose private access roads/right-of-ways have been altered on Land Registers without the owner(s) knowledge or permission:
“Dart had applied to the court to consolidate and relocate the two missing access points at the southern boundary of Royal Palms to update the Land Registry, as the land registrar did not have the power to alter dedicated easements”.
Very Important!
Yup…the Land Registrar cannot alter dedicated land easements, on public or private lands without a legal agreement (certified).
‘The issue of beach access is a very important one for Caymanians, who have already lost the view of their country’s once picturesque coastline’
I always chuckle when I read guff like that. It has been the generational Caymanians who have sold out their birthright to Dart et al. He came along and saw how greedy they all were and just hoovered them all up. Fair play to the man.
Funniest part is that the only recent developments along West Bay Rd which don’t obstruct what were once views of the sea, are Dart’s.
Thank you CPA for another huge give away!
You people need to stop and listen to Mr. Howe who states that the Dart Group is giving way more than is required. Stop your witch hunt! The Dart Group has done so much for Cayman that people should say thank you.
At cost to us.
You make it seem as if it was done out of the goodness of the DART Group’s heart. It was done for profit! He should be giving us thanks!
Yes it is out of his goodness and if you cry babies do not shut up then you will have more problems. If you all are so unhappy than just leave. Me I like getting my work from the Dart projects!
“Giving away more than is required?” If it were up to him he wouldn’t give anything away but he can because Government is paying him to do so. How much money is spent by Government to advertise tourism? Bringing all those people here and Dart owns what? 80 – 90% plus of the hotel rooms? So he gets millions in free advertising and countless more millions in tourism dollars and we’re supposed to be grateful for the tuppence he tosses us that we have to fight for for his entertainment? Did you really write that comment with a straight face? How many times did you have to stop to laugh in the process or writing it? We are the Hawiians and the American Indians of the Caribbean and we did it to ourselves. Let that sink in.
It only that the PPM allowed him to keep whatever taxes they collect on any new hotels they build or purchase into perpetuity.
PPM. Needs to flogged in front of Parliament for this.
Policiations maje laws that sats 6 ci per hour minimum wages, then make it that the Hotels and big resturarants only pay 4.50 p h, so the millionaires can become billionaires, then wonder why Caymanians don’t work there. Tips DON’T come from the hotels/restaurants, it comes from the guests , and most times they keep the tips and don’t give it to the workers.
Yeah 9:47, You need to stop and ask why Dart is now trying to change the original covenants at Safehaven which is going to impact all the condominiums at Waterways, Turnberry West and Turnberry East?
The stratas there are not happy and for good reason as they are about to be screwed.
The witch hunt is justified, just look at the facts.
Dart learned nothing from the Britannia experience.
Big Bobo, Dart is going to make it hell for them to get the freehold for their properties at Safehaven. Simple as that.
They should be prepared for a legal war of attrition with Dart.
9:47 am who is Mr Howe and what has he done for Cayman?
Your pint is mute. They did not have per
Is soon to block them.. Who put a price on them, DART?
Come on folks, they are actually now telling us what we and our property is worth and just why they are willing to pay for their illegal actions.
Previous governments allowed them to do as they like as long as the kick backs flowed. This government seems to be under a lot of scrutiny so I’m hoping and praying they are not beat down and put on the payroll as well.