There is ’compelling’ evidence to pursue a legal challenge over ownership of a section of beach in Port St Mary, a public meeting in the village heard.
Some 40 villagers packed into the West Room at Port St Mary town hall to hear commissioner Alec Merchant reveal the results of his 18-month long research into the history of the Shore Road Underway site.
A car parking area was created at the top of the beach to satisfy a condition of planning approval for two houses at the Underway below the Bay View Hotel.
Town hall clerk Alastair Hamilton said there was no doubt the owners of the Bay View Brow and beach have valid title and valid planning consent dating to 2012.
But outlining his research, Mr Merchant said he believed the section of beach on which the car park had been built is still owned by the government.
He said the idea of building an off-road parking area was ’simply wrong in principle and wrong in law’. ’And I think they’ve done that on land which the Isle of Man government still owns’, he said.
He added: ’We’ve got compelling evidence that a legal challenge is possible here.
’[Port St Mary] Commissioners have opposed this at every stage. Those concerns were ignored.’
Key to his findings is a map dating back to 1890 showing the boundary of land transferred from the Commissioner of Woods and Revenues to the Port St Mary Harbour Commissioners.
No other subsequent transfer of land could be found.
The audience were told that the village commissioners were considering two possible routes of legal challenge - a petition to the land commissioner or a petition to the Department of Infrastructure.
Mr Merchant suggested if there was sufficient support, crowd funding could be launched to help finance the legal fees of £15,000-20,000.
Audience members supported a challenge but suggested other, cheaper, routes might be possible, including a Tynwald petition. One said: ’It’s very easy to start legal action. But you’ve got to know who you are up against. They might have deep pockets.’
Another option could be the inquiry being conducted into extinguishing public rights of way through the Brow. Mr Merchant said there is a developer waiting in the wings.

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