For the past twelve months the Board of Port St Mary Commissioners, acting on behalf of wider community concerns, have been researching the propriety of constructing car parking spaces on the beach below the Bayview Hotel Brow.

Extensive research has resulted in them searching titles in diverse locations such as the Isle of Man Museum and the Public Records office in the UK in an attempt to prove that the beach was public land and had covenants on it to prevent development or construction. The outcome of this work supports the view that when the lands were conveyed from the Crown to the Isle of Man Harbour Commissioners in 1890 it included all lands up to an ancient wall that still encloses the Bayview Brow, which itself was public open space across which the Commissioners had various footpaths.

Documentary evidence supporting the map leaves open the possibility that ownership of the land did not extinguish public common access rights across the beach. Related case law from Derbyhaven in 1982 supports the view that, notwithstanding who owns the top of the beach, their ownership does not permit development or construction that prevents public access across the beach.

Early title deeds of the Bayview Hotel mention the ownership of the Brow, but do not indicate ownership of the beach by the brewery, who then owned the hotel.

The Board, however, have sought advice that indicates the potential for various legal challenges. These, however, may cost ?15 000. Research has shown that the preferred way of a community mounting such challenges are by crowd funding. The Board are considering floating this idea to interested parties within the community to assess whether the strength of feeling held is sufficient to mount an action.