A member of Carlyon Bay residents action group, CarlyonBayWatch, who have been campaigning against the proposed Ampersand Beach Development, has applied to register the beaches as a Village Green.
When the Ampersand proposals were announced early last year locals who opposed the scheme saw that the Beach plans were based on an extant planning permission granted in 1989. Although the two recent planning applications were referred to the Secretary of State, concerned residents realised that that the legacy of the original 1989 consent was going to present the Carlyon Bay area and Restormel Borough Council with a problem.
Some permission already existed, even though this had been granted at a time when Environmental legislation was less stringent and infrastructure problems, particularly with regard to traffic, were less serious than they are now. If John Prescott were to decide not to subject the project to a full public inquiry, the burden of considering the modern day impact and of living with the consequences would fall back into the laps of Restormel Borough Councillors. There was also the possibility that the developer would claim compensation for loss of profit.
Individuals started digging into legislation designed to protect our environment. Gloria Price, member of CBW and the person responsible for making the application says;
"After we canvassed the area and had the tremendous response of over 950 signatures calling for an inquiry into the Beach proposals, we realised we had to do something. Finding this piece of legislation was a real discovery - especially given the fact that no compensation is due to developers if a Village Green application is successful. This would effectively give Restormel Borough Council a 'get-out clause' if the Secretary of State does call for a public enquiry and that enquiry finds that the original planning application should be revoked, as happened at Roche."
In addition to the concerns of residents, organisations such as English Nature, Friends of the Earth, The Cornwall Wildlife Trust, The Campaign for the Preservation of Rural England, The Environment Agency, and Charlestown School have raised objections, or called for further information relating to the impact of the Ampersand project. Cornwall County Council objected on the grounds that the plans were in contradiction to the County Structure Plan.
Mrs Price adds, "It sounds odd, the idea of registering a beach as a village green, but there are precedens in Case Law. They have been successful in halting ill-considered development and guaranteed public access in perpetuity. We are not against all or any potential development on the beach, but rather are campaigning for a re-think. A project restricted to the size of the footprint of the site taken up by the Coliseum presently would be much more in line with current ideas on environmental issues and on the preservation of our coastal heritage."
It has not yet been announced whether the Secretary of State will call for a public inquiry. However, should that not happen, CarlyonBayWatch has been notified that their application to register the beaches as a Village Green has been duly made and has entered the consultation and objections period. As we begin the New Year, the future of St Austell Bay is still uncertain, but those in the community who are campaigning for a re-think on the status of the three beaches at Carlyon Bay now hope that the application to register them as a Village Green will be successful in 2004. Such an outcome could herald the start the process of genuine consultation on the future of this key piece of south Cornwall's coastline.
The Village Green Application Needs your help! Time is running out!
If you have lived in the Carlyon Bay area at any time between 1983 and 2004 and spent time visiting Carlyon Bay Beach, you might just be one of the people we who could make all the difference to the campaign to keep Carlyon Bay Beach open to public access.
On 15/01/2004 the member of CBW who has applied to register the beach as a Village Green last year received the objections to that application. We now have 28 days to respond to them and we need your help.
We have quite a bit of evidence already but the objectors are calling into question the quantity of statements and the length of residency of those who filled out the original petition. As we all know, the beach has been used by everyone in the area for decades, but law is a matter of technicalities, so we need to bolster what evidence we have, particularly that from the 1980's.
If you are one of those who can confirm that Carlyon Bay Beach has been used for legal Sports and Pastimes for over 20 years. we are asking you to give us a ring on 01726 74666 so that we can take details.
We are also seeking any sort of evidence on the use of Beach e.g brochures, guide books, Coliseum concert memorabilia, posters, adverts or suitable photographs. If you have any such items, again, please give us a ring on the above number, or email us at press@carlyonbaywatch.co.uk, or write to our main office c/o 1, Wheal Northey, St.Austell, PL25 3EF and we'll tell you how you might be able to help.
The Village Green application is crucial to help guarantee beach access for the future and to work towards having something built on the current site which is more in keeping with Cornwall's ambience and natural beauty.
We have already had tremendous support from those who know and love the beach and would like to thank you in advance for anything you can do to ensure public access is maintained.
If you love your coastal heritage, this may be one way to make sure it is protected. This huge, Costa-style development is unique in Britain to date, and if it goes ahead no-one really knows how it will affect the beach or public access to it. But it will set a precedent for other areas around our coastline and British beach culture as we know it may come under serious long term threat.
So please come forward with your evidence. Thanks for your support.
Editors Notes;
CarlyonBayWatchwas formed as an umbrella group covering various residents associations in the area, in response to concerns about the holiday development to be built across Crinnis, Polgaver and Shorthorn beaches. A selection of members have been meeting regularly with representatives of the development company, Ampersand, since Spring 2003.
Village Green ApplicationOn 04/07/03 a member of CarlyonBayWatch provided evidence and made application to register the land being known as Carlyon Bay, including Crinnis, Shorthorn and Polgaver Beaches as a Village Green under the Commons Registration Act. This area of land consists of heath land at the base of the cliffs and beaches
EvidenceThe main body of evidence for the application included witness evidence statements in support of an Application for the registration of land which became a Town or Village Green after 2nd of January 1970. 60 signatures from local people were submitted on a petition accompanying the application attesting to over 20 years constant usage of the beach for purposes legal Sports and Pastimes. There is also further supporting evidence which was originally submitted in connection with footpath applications under the Wildlife & Countryside Act 1981. The same evidence can also be called upon for the VG application and also for the Countryside and Rights of Way Act 2000. The evidence includes numerous old Tithe and Mining Maps, correspondence, photographs and extracts from text and local information booklets.
A number of applications have also been made to the Countryside Agency under the Countryside and Rights of Way Act 2000, commonly known as the Right to Roam Act. This is to register the heath land and beach areas as a public open space under the new access rights. According to the Countryside Agency most beaches and canal towpaths are already public open spaces.
Timescales The Village Green application has now been registered as duly made and has entered the consultation/objection period. On 15/01/2004 the member of CBW who applied to register the beach as a Village Green in order to keep it open for the use of the general public, received the objections letter from the developers solicitors. We now have 28 days to respond to those objections before the application will be fully considered.
PrecedentsCase Law records areas all over Britain which have been successfully registered as Village Greens. Those cases have halted threatened developments.
An important case, Beresford v Sunderland City Council has recently been decided, which has potentially favourable implications for St Austell Town Beach.
Compensation One of the key factors on this process is the fact that no compensation is due to developers if a Village Green application is successful.
Wildlife Cornwall Wildlife Trust has identified Shorthorn Beach, the middle beach of the 3 beaches which make up Carlyon Bay Beach, as a site of national importance. It is one of only 2 places in Cornwall which are home to a pretty and unusual, nationally notable Moth, the Cream-bordered Green Pea Moth. These are just some of the uncommon coast-plants that still survive along the beach; Common Fleabane, Evening Primrose, Frosted orache, Mossy stonecrop, Samphire, Scentless Mayweed, Sea Plantain, Sea Rocket, Sea Sandwort, Seaside centaury, Shrubby sea-blite.