A beach access that has been gated and locked in Kailua is in violation, just not what one may suspect.
It began with a Hawaii News Now viewer taking a picture of the gate on Kailuana Loop. He claimed it was illegal to block a public access to the beach. In that, he was correct. However, the access wasn't public, it's private.
"Back in the late 1950's when the Castle corporation was wanting to build the homes here, they got approval from the city council to build a private pathway here by donating the land for the public access just down the street" said Mike Kilpatrick, who sits on the KPI Community Association Board of Directors.
We went to verify this information with the City, and the story checked out. However, in doing their research the Department of Planning and Permits noticed something else. The gate has been without proper permitting for over a decade. For that gate, a building permit and a shoreline management area permit are required.
The City cited the community association in 1999, but the original notice of violation fell through the cracks when the inspector retired.
In 2008, the NOV was re-issued, but it was never dealt with because the community association turned in an incomplete application for the permits.
Art Challacombe, Deputy Director for the Department of Planning and Permitting told Hawaii News Now "now that we have been reminded of the situation and the fact that there are no permits that have been issued by this department, we will follow up".
The DPP plans to send an inspector to the site and re-issue the POV once again. Those on the community board have no problem with it.
"We'll just address that issue. Hopefully we won't have too much problem getting that resolved" said Kilpatrick.