Carlyon BayWatch

Arguing for Access

One of the many problems with this proposed development is access to it by road and on foot. By road, there are traffic impact and infrastructure issues. There is only one access road which runs through a residential area of 'special character'. On foot there are various routes which have been used 'as of right' for generations, but these have yet to be granted footpath status. Have a look at the pictures and read about the access issues on these pages.

Access is just one of the areas where CBW has been campaigning. Members have pressed the developer to guarantee access for local people. Following our intervention, we have been told that there will be a permanent right of access to the beach for 364 days per year. This has been negotiated with Restormel Borough Council, but as at the time of publication we have yet to see plans and final wording.

Members have applied for a Public Right of Way. Footpaths and tracks need to be placed on the definitive map. This is a 'belt and braces' approach to guarantee public access in perpetuity.

Seaside Safety

The steel shuttering which has been erected along the line of beaches at Carlyon Bay makes access on foot from one end to the other difficult, or even dangerous, at certain points in the tide cycle. If you are planning to visit the beaches, you would be well advised to check the local tide times before you go. The nearest listed harbour is Par.

Check the state of the tide from the BBC here: tide tables

Legal Issues

Local Title Deeds and Rights of Access

Many of you will know that the houses in the Carlyon Bay area were built on land originally owned by the Carlyon Estate. During the campaign to have the beaches declared a Village Green, members of CarlyonBayWatch were given privileged access to many of the Title deeds of properties in the area. We discovered that a significant number shared a common easement (see below) - granting rights of access over the old Carlyon Estate in perpetuity and other associated benefits. We decided to investigate further and have since employed the services of Follett Stock Solicitors to make a legal challenge to Ampersand over the closure of the rights of access granted by easements in residents deeds.

FURTHER IMPORTANT NOTICE issued March 2005, to PROPERTY OWNERS IN THE CARLYON BAY AREA

Notice regarding an easement, or "specific rights granted", to the owners of numerous properties in Edinburgh Close, Appletree Lane, Gloucester Avenue, Sea Road, Beach Road, Windsor Drive, Chatsworth Way, Haddon Way and Fairway, (and including also within Ampersand's registered title to the beach) this clause being usually contained within title deeds, in wording similar to the following :

" Full right and liberty for the Purchaser and its successors in title and all other persons authorised by the Purchaser or its successors in title in common with the vendors and all other persons who have or may hereafter have a like right at all times and for all purposes to pass and repass over and along all roads and parts of roads and footpaths as now existing or as subsequently widened on the Estate and in the case of the said roads with or without horses carts carriages wagons or motor cars."

We have been told that all the evidence constitutes a strong legal case. We plan to take it further.