Press Release 19/07/04
Carlyon Bay residents action group, CarlyonBayWatch, who have been campaigning for the Ampersand Beach development to be exposed to the full scrutiny of a public inquiry, were delighted yesterday at the announcement that a non-statutory public enquiry is to be held.
Cornwall County Council Modifications Panel met on July 19th to consider two applications made by local residents which will have implications for the Ampersand Beach development. If granted, the first, an application to register one of the access routes to the beach as a public footpath would guarantee that future generations would always be able to reach the beach conveniently on foot. The second, a separate application to register part of the beach site as a Village Green, would preserve areas of the beach which are not currently built upon for leisure and recreational purposes. The modifications panel reached the decision that a non-statutory Public Enquiry is to be held to give all the issues around these applications a full airing. In response to the decision, CarlyonBayWatch spokesperson, Peter Browning commented,
"This is indeed good news. Members of our group have been meeting with the developers representatives since Spring 2003 and although they have reiterated their willingness to preserve public access, we feel strongly that it is vital to enshrine this access as a legal right in perpetuity. A public inquiry is the only way to ensure the interests of all concerned are fully aired and addressed and those rights realised."
The original planning consent was granted in 1989 but under very different circumstances to those which exist today. Following Ampersands acquisition of the site and the announcement early last year of their plans, many statutory bodies and organisations such as English Nature, Friends of the Earth, The Cornwall Wildlife Trust, The Campaign for the Preservation of Rural England, The Environment Agency, Cornwall County Council and Charlestown School had raised objections, or called for further information relating to the impact of the project, but loopholes in planning law allowed these to be overlooked.
The CarlyonBayWatch group picked up on these objections and in June 2003 canvassed the area to gauge local opinion. The results were not favourable towards the development - nearly 950 signatures and letters were collected calling for a public inquiry - and donations began to flood in. A further 320 detailed residents statements were gathered (56 % of the households in the area) attesting to the fact that the Carlyon Bay beaches have effectively been used as the local village green for over 20 years.
Mr Browning adds, "The community does not want to lose it's village green - from the beginning we would welcome a development limited to the existing footprint but the impact of something of this size needs to be properly considered in the light of current conditions, not those which existed fifteen years ago. Public spaces are more than ever precious spaces. All the many organisations and individuals who have expressed serious concerns will now thankfully be given due respect and have an opportunity to air them in the forthcoming public inquiry."
CarlyonBayWatch was 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 Application
On 04/07/03 a member of CarlyonBayWatch provided evidence and made application under The Countryside and Rights of Way Act 2000 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.
Evidence
The 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. 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.
Precedents
Village Green legislation has halted several ill-considered developments across the UK.
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.