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Dyer loses Dead End beach bid
Court battle looms as St James Parish Council says no to development planKERIL WRIGHT, Observer West reporter
Thursday, January 24, 2008
Dead End Beach
MONTEGO BAY, St James
The St James Parish Council has turned down an application by Derrick Dyer, the son of one of Montego Bay's most prominent businessmen, Godfrey Dyer, for permission to develop the popular getaway.
"It failed all the criteria we looked at under the Town and Country Planning Act," said Chairman of the local body and Mayor of the resort city, Charles Sinclair.
"Almost all the Councillors (at last Monday's Physical Planning Committee meeting) voted to refuse the application from a planning perspective," he added.
According to Sinclair, the proposed development, cited on a small plot of land - situated between the popular beach and the roadway - owned by Paradise Beach Resort Limited whose principal is Montego Bay businessman, Dennis Morgan, breached several Council laws.
Additionally Sinclair noted that the proposed development of the area would also be in breach of the Prescription Act which protects acccess to areas which have been in use by the public for over 20 years. "The only outcome of it is that there is going to be no development down there," said Sinclair. "The Parish Council has refused the development and under my watch that is going to be carried out," he added.
Furthermore he said the Council would be requesting removal of a container, which the proposed developers had placed on the beach prior to the application.
But Morgan, the title holder of the the property, said there will be no moving of any of their personal property, which now lies on the beach. He insists that the now termed Dead End Beach is in fact privately owned property - formerly called Chatham Beach - which persons in the town have been allowed to use freely over the years.
"We have our attorneys dealing with the matter," he told the Observer West this week after learning that the Council had voted to refuse the application.
He insists that as far as he was aware the development was not intended to prohibit free access to the beach, but noted that that could change in the future if further development warranted this.
According to Morgan the previous owners of the property had allocated a section of the beach - known as Sunset Beach - situated directly in front of Sandals Inn on Kent Avenue as a public beach, but reseved the rest of the property for their private use, which he inherited when his company acquired the property 24 years ago.
Following the Council's decision the application was sent to the National Environment and Planning Agency (NEPA) for consideration."...we are awaiting their response," said Sinclair. He was quick to add however, that the final decision as to whether the development could go ahead rested with the Council and noted that once a planning permit had been refused it was unlikely that a building approval would be granted.
Patrons who have had free access to the popular recreational facility for decades begun to worry last month after they were warned over the holidays that the beach would be privatised and that they would lose free access to it.
Court battle looms as St James Parish Council says no to development planKERIL WRIGHT, Observer West reporter
Thursday, January 24, 2008
Dead End BeachMONTEGO BAY, St James
The St James Parish Council has turned down an application by Derrick Dyer, the son of one of Montego Bay's most prominent businessmen, Godfrey Dyer, for permission to develop the popular getaway.
"It failed all the criteria we looked at under the Town and Country Planning Act," said Chairman of the local body and Mayor of the resort city, Charles Sinclair.
"Almost all the Councillors (at last Monday's Physical Planning Committee meeting) voted to refuse the application from a planning perspective," he added.
According to Sinclair, the proposed development, cited on a small plot of land - situated between the popular beach and the roadway - owned by Paradise Beach Resort Limited whose principal is Montego Bay businessman, Dennis Morgan, breached several Council laws.
Additionally Sinclair noted that the proposed development of the area would also be in breach of the Prescription Act which protects acccess to areas which have been in use by the public for over 20 years. "The only outcome of it is that there is going to be no development down there," said Sinclair. "The Parish Council has refused the development and under my watch that is going to be carried out," he added.
Furthermore he said the Council would be requesting removal of a container, which the proposed developers had placed on the beach prior to the application.
But Morgan, the title holder of the the property, said there will be no moving of any of their personal property, which now lies on the beach. He insists that the now termed Dead End Beach is in fact privately owned property - formerly called Chatham Beach - which persons in the town have been allowed to use freely over the years.
"We have our attorneys dealing with the matter," he told the Observer West this week after learning that the Council had voted to refuse the application.
He insists that as far as he was aware the development was not intended to prohibit free access to the beach, but noted that that could change in the future if further development warranted this.
According to Morgan the previous owners of the property had allocated a section of the beach - known as Sunset Beach - situated directly in front of Sandals Inn on Kent Avenue as a public beach, but reseved the rest of the property for their private use, which he inherited when his company acquired the property 24 years ago.
Following the Council's decision the application was sent to the National Environment and Planning Agency (NEPA) for consideration."...we are awaiting their response," said Sinclair. He was quick to add however, that the final decision as to whether the development could go ahead rested with the Council and noted that once a planning permit had been refused it was unlikely that a building approval would be granted.
Patrons who have had free access to the popular recreational facility for decades begun to worry last month after they were warned over the holidays that the beach would be privatised and that they would lose free access to it.
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