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TCI: Premier Robinson addresses Taylor Bay Issue

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#TurksandCaicos, January 5, 2018 – Providenciales – Providenciales Turks and Caicos Islands 04 January: The Government of the Turks and Caicos Islands  would like to advise the country unequivocally, that the beach known as Taylor Bay has for long years been recognized as a public beach for the benefit and enjoyment of the general public.

The Taylor Bay beach parcels were originally principally contained within parcels 60400/9 & 10.   A search of the Land Register reveals that:

  • October 17, 1984 parcels 60400/9 & 10 were transferred from the Crown to Clearwater Holdings Ltd.
  • September 5, 1989 Worldwide Hotel Holdings Ltd. caused a Caution to be registered on the basis that it had purchased the parcels
  • November 2, 1989 Worldwide Hotel Holdings Ltd. changed its name to Paradise Cove Ltd.
  • March 4, 1991 parcels 60400/9 & 10 were transferred from Clearwater Holdings Ltd. to Paradise Cove Ltd.
  • October 3, 2007 parcels 60400/9 & 10 were transferred from Paradise Cove Ltd. to MWE Holdings Ltd., the shareholder of which is a BVI registered company
  • March 2, 2016 parcels 60400/9 & 10 were mutated into parcels 60400/394-398.

It has long been established that the foreshore is owned by the Crown.   As such members of the public have the right of access to that area and enjoy the long and established use of the beach.

Parcel 60400/90 which is the area of land used to access Taylor Bay is also owned by MWE Holdings Ltd.   Although privately owned, it is also recognized that Parcel 60400/90 though privately owned has historically and long been used by residents of the island to access Taylor Bay and as such would be subject to a public right of way.   These positions are established common law positions which have supported by recent case law.

My Government is aware that an application for Development permission to erect a fence on Parcel 60400/90 was refused by the Planning Board.   This matter is now the subject of an appeal to the Planning Appeal Tribunal.    However, it does mean that at present any fence, barrier or other development is without lawful authority.

My Government hereby states categorically that public beaches are for the enjoyment of the public but must always be used in a responsible manner consistent with the laws of the Turks and Caicos Islands and also respecting the property rights of those who own adjoining and nearby properties.   Active and immediate steps are being taken by all relevant Departments to assess and then address the issues which have arisen in relation to beach access and to protect the interest of the public.

Once again, as already communicated by Hon Ralph Higgs, Minister with responsibility, we remind all persons seeking to enjoy Taylor Bay or any other beach, to do so in a dignified and respectful fashion and in a manner befitting our slogan “beautiful by nature”.   Turks and Caicos Beaches are known as being the Best in the World, bar none, let’s keep it that way.

On coming to Office December 2016, my Government recognized the need to review and ensure public beach accesses.   Through the Ministry with responsibility for the Environment, an immediate moratorium was placed on applications for commercial activities as early as February 2017 having been in Office only about 2 months.  We will continue our critical work to ensure that there remain public access points to beaches throughout the Islands ensuring that our people are able to enjoy all of our beaches.  The Ministry of Environment is well ahead on this issue and will intensify its efforts.

Press Release: Premier Sharlene Robinson

 

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