Beach access at Boggy Sand
There is a beach access sign located on the south side of the entrance to the Boggy Sands development being built now on West Bay Road, just north of Cemetery Beach. The first part of the beach access path from West Bay Road to Boggy Sand Road is overgrown with plants and tree roots. The path does not continue to the beach. Instead there is a locked gate on the northern side of a house there, which you cannot see until you reach Boggy Sand Road.
The Boggy Sands development is promoting they will have a private beach access, which makes me think the access will be via this path that appears to actually be part of the public beach access. Please check into this because it does not seem right to deny access to the beach in this way.
Auntie’s answer: This particular issue continues to be a source of debate (see ‘Beach access for ALL’ campaign launched). But I checked with the Department of Planning and was told that the access in the area you describe is private.
An official explained that the rights of way to the beach in the Boggy Sand area, except for the northern boundary of Cemetery Beach “are in fact private and are registered in favour of specific parcels or landowners”.
Over the years the public has been able to use these access ways, but the official added, “as the land has changed hands, the new landowners have exercised their right to restrict access along these paths”.
We’ll have to wait to see if the beach access campaign changes that.
Category: Ask Auntie, Planning Questions
There actually is a public beach access on Boggy Sand Road. It is located near the mouth of the lane (near a pink house) and is clearly marked with a sign
There actually is a marked public beach access mid way on Boggy Sand Road.
Unless a challenge is mounted under the prescription law, these rights of access will be lost to the public forever. If access has been blocked for more than 12 months and no action taken to enforce the public’s prescriptive rights gained through common usage, it may be too late.