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What's new
The page that keeps you up to date with the latest developments concerning the Carlyon Bay controversy. 17th FEBRUARY 2010: LAST SECTION OF PATH OPEN TO THE BEACH After nearly six years, it is now possible to walk down to the beach at Crinnis from Beach Road, or the top car park, without having to negotiate more than 80 steep steps down the side of the cliff. The route as far as the edge of the Coliseum site was reopened as a public right of way at the beginning of February. But it wasn't possible to get to the beach because of the illegally constructed steel shuttering and rock armour which blocks it.
Now a temporary bridge has been built over the shuttering and rock armour, extending the path onto the foreshore. However, it will be closed at 6pm each night and at other times for maintenance, according to the developer. Footpath campaigners are continuing to try to get this final section designated a public right of way so that access doesn't rely on permission from the developers. 1st FEBRUARY 2010: BEACH FOOTPATH RE-OPENS
The route leading from Beach Road down to Crinnis and then heading across the Cornwall Coliseum site has at last been re-opened as a public right of way.
Unfortunately, as this photo shows, the path comes to an abrupt halt at a line of fencing and access to the beach is still blocked by the developer. But Ampersand says it will open the last section down to the foreshore once it has been made safe. They say it will be open seven days a week but closed at night and for maintenance or when weather conditions make it dangerous. PRESS RELEASE FROM GLORIA PRICE
PUBLIC FOOTPATH RE-OPENS AFTER SEVEN-YEAR BATTLE
In January 2003 Mrs Price and Mrs Taylor, as co-applicants, claimed the route from beach Road to the shoreline as a public right of way. This application was to have the route entered on the official map of public paths. This was confirmed as a public right of way on 2nd December 2009. Cornwall Council served an enforcement notice on the landowner to reopen the illegally obstructged path. The Council's Enforcement Officer allowed the landowner until 1st February 2010 to open the path, and will inspect the route them.
This route is of particular importance now that the Marine and Coastal Access Bill has become law. Without easily accessible rights of way to the coast, the new law providing public access to the shoreline and for 'spreading room' would be meaningless.
However, access continues to be denied by the construction of steel shuttering and rock armour. There was no planning permission granted for this wall. In December 2007, an Enforcement Order, for the removal of this construction, was issued by Restormel Borough Council. The enforcement order requires that the sea wall must be removed by 8th December 2010.
However, the continuing presence of the sea wall across the public right of way denies access to disabled and able bodied alike. It is now that this illegal obstruction to the remainder of the route needs to be removed enabling access for all to be re-instated. The sea wall now not only has a Planning Enforcement Order on it but also forms an illegal obstruction of a public right of way.
The applicants would like to express their appreciation for the widespread support they have received in the pursuance of people’s ancient rights. They would also like to say thank you for the support and evidence brought forward for other routes to the coast. The route to Polgaver Beach from the South West Coast Path (SWCP) has also been placed on the map, which gives access to the Eastern end of Crinnis Beach. Plus the section from the railway arch in Cypress Avenue which crosses the golf course and joins the (SWCP). These are important routes that link to and from the coast.
Gloria Price is a member of the Open Space Society and would like to acknowledge them and her mentor Mrs Anne Wilks (Whitstable Bay) of (OSS) and thank them for all their support throughout and quotes
“Says Kate Ashbrook, general secretary of the Open Spaces Society: ‘It is a great achievement of the Prices and local people to have claimed this path for the map and now to get it opened up. It’s an important route to the coast, and soon will be enjoyed again by everyone. We are pleased that Cornwall Council’s enforcement officer has taken such resolute action in defence of the public interest’.” (28th Jan 2010 Media Release OSS)
Gloria Price would also like to acknowledge the enormous amount of work undertaken by Carlyon Bay Watch members and say thank you. Without all the help this would not have been possible. 16th DECEMBER 2009: RAIL ARCH LISTED The obstructed route at Crinnis - photo courtesy of Peter Price who walked down with a security guard 7th DECEMBER 2009: PUBLIC FOOTPATH RULING UPHELD
CARLYON BAY WATCH PRESS STATEMENT Carlyonbaywatch are delighted to learn today that the Planning Inspector, Heidi Cruickshank BSc MSc MIPROW, has rejected an Appeal initially lodged by Ampersand (and subsequently withdrawn) against the public footpath crossing the former Coliseum site on Crinnis Beach . Although the Appeal was withdrawn, the Planning Inspectorate continued with its review, and Ms. Cruickshank has now endorsed the decision of Cornwall County Council, so that this footpath is officially and finally declared to be public.
The Application, which included a footpath at Fishing Point and another across the Carlyon Golf Course, was lodged by two local residents several years ago, and was subject to intensive scrutiny by the Local Authority which decided earlier this year to confirm the existence of the three footpaths as claimed. However, the Ampersand Group subsequently lodged an Appeal with the Planning Inspectorate and then, in the face of yet another Public Inquiry due to be held on the 8th. September, their Appeal was (at a very late stage) withdrawn. In confirming Cornwall County Council's Order, the Inspector stated... "Having regard to these and all other matters raised in the written representations, I conclude that the Order should be confirmed as made. I confirm the Order". (Our Public Access page has more background on this) 6th OCTOBER 2009: WHAT ARE THE PLANS FOR POLGAVER? Two days before the opening of the public exhibition of the new proposals for the Beach, Carlyon Bay Watch has learned that, for the first time, Polgaver has been included in the developer's deliberations. Polgaver wasn't included in the previous planning applications but now there is a possibility that it could be used as a "leisure" area - may be tennis courts, children's play area etc. At a preview of the exhibition, CBW was told the developers are looking at a graduated approach - with a more "urban" look to the buildings on Crinnis, which would include underground car parking and the commercial units - restaurants, bars, shops etc. Shorthorn would have a "softer" look - with no cars and a sea defence made up of a sand bank reinforced by buried rock armour. But then we were told Polgaver could be the "leisure" area. CBW members expressed their shock at this - one said it would be "lighting the blue touchpaper". Jonathan Kenny of Commercial Estates Group said he would look again at this. Members of the public can visit the information centre for the Beach development on Crinnis during the 8th, 9th and 10th October 2009 and see for themselves whether or not these new proposals are an improvement on the previous plans. Like CBW, Carlyon Parish councillors have already been given a preview of the exhibition. However these are so far only proposals - there are no "plans" as such. We do not yet know the design of the buildings although the developers claim they are aiming for something more in keeping with Cornwall and its landscape. That at least is a step forward. They say they're aiming for a layering effect - such as you would see at Fowey where buildings climb up the sides of the estuary - by putting tall (i.e. four to six storey buildings at the back and graduating to the lower two to three storey blocks at the front). That is an improvement on the previous walls of concrete plans - but the issue of views from the coast path are still to be resolved. They want to move the sea wall back from its present (illegal) position. But they don't know yet whether this is feasible - no tests and assessments have yet been carried out and Carlyon Bay Watch reiterates its long-held position that proper tests must be made on this beach - not assumptions made on the basis of computer modelling from data from beaches unlike this one. This beach is unique in its make-up and must be treated as such. PARISH COUNCIL 'KEPT IN THE DARK' OVER PLANS Another resident, Peter Price, said if the new proposals resulted in a fresh planning application he didn't see how Cornwall Council could support it. He said that the old Restormel Borough Council had admitted that if the old 1990 scheme was proposed today, it would not be approved. (You can find out more about this on our page about the Planning history). Mr Price said building residential property on a beach backed by a cliff and with only one access road flew in the face of government policy on flood defences, which were of managed retreat not advance. Parish councillors will be examining the new proposals at a meeting with the developers in advance of the public exhibition which opens on 8th October at the Beach information centre. Footpath The council also discussed the public right of way which has been formally declared running from Beach Road down the access road to the seaward side of the old Coliseum. Gloria Price, who had made the original application to have the footpath declared, said she had requested to the Planning Inspectorate that it be extended out on to the beach itself. She was still waiting to hear the outcome. A barrier, erected by Ampersand, is still in place across the road. Parish Council chairman John Hermes said he had tried to walk down the road and was told by the guards that it wasn't a public footpath and no instructions had been made to open it. Another councillor, Roy Bennett, said he had been told they were waiting for instructions from Cornwall Council The Parish Council said it would ask Cornwall Council to take "appropriate" steps to open the footpath. (Our Public Access page has more background on this) 18th September 2009: NEW PLANS FOR THE BEACH IN DEAL WITH COUNCIL OFFICERS Ampersand has come to a deal with Cornwall Council planning and development officers after months of discussions behind closed doors on how to salvage their flawed plans for the Carlyon Bay beaches. New proposals for the development have been drawn up with the agreement of officers at the new unitary authority (Cornwall Council) - who just happen to be the very same individuals they dealt with at the now defunct Restormel Borough Council and who worked "hand in glove" with the developers throughout the 2006 Public Inquiry process. The document drawn up is called Planning Performance Agreement for Development at Carlyon Bay agreed between Cornwall Council and Commercial Estates Group Ltd. - the company behind Ampersand. It was passed to the Council's Planning and Regeneration Service on 3rd June 2009. The developers claim the new scheme will address matters raised by the Public Inquiry into the sea defences and to "produce a completely new scheme providing high quality visitor facilities focussed on the existing brownfield site and significantly reducing the impact on the undeveloped coast and secure a more sustainable approach to the provision of the sea defences". They talk of the same 511 units but now refer to them as "residential" whereas before they were holiday units. They say they are looking at whether the development could be largely concentrated on Crinnis (i.e. the "existing brownfield site") with the rest on Shorthorn. In this at least they seem to have partly conceded Carlyon Bay Watch's consistent argument that any development should only be allowed on the old brownfield site occupied by the Coliseum complex. Of course, it also means that any development beyond that would be greenfield and therefore has many planning implications. The Council planning officers have apparently set a minimum of 70% being located on Crinnis. They say there will be no beach recharge (a major factor in the report of the Public Inquiry inspector) and have appeared to accept CBW's figures on the 30,000 HGV trips needed to deliver the materials. Instead they are proposing to set a sea wall further back towards the cliffs. CBW is deeply suspicious of the way these proposals have been drawn up and continues to believe that they are contrary to planning policies. The Planning Performance Agreement only describes outline proposals - detailed plans will follow if a full planning application is submitted. PRESS RELEASE FROM CARLYON BAY WATCH 18TH September 2009 Carlyon Bay Watch, representing the residents of Carlyon Bay, are astonished and angry to find that the Planning Officers of the new Cornwall Council have secretly reached an accord with the developers at Carlyon Bay beaches, which appears, in many instances, to run contrary to local, regional and national planning policies. These are the same officers who, within the now defunct Restormel Borough Council, and despite overwhelming opposition from local residents, have previously appeared to work "hand in glove" with, and sat "cheek by jowl" with the developers throughout a prolonged and contentious planning inquiry, spending exorbitant amounts of ratepayers' money in supporting the developer at every turn. The public inquiry, despite their combined efforts, found against them. The fact that this latest accord with the developer was "signed off" whilst there were no councillors to consult, the district council having been dissolved and the new council elections not having taken place, raises serious concerns about the conduct of the planning process in Cornwall Council. In view of this, the government must issue a Direction that Cornwall Council may not determine any planning application that results from this accord. Any such plans that do not ensure that development is restricted to the old brownfield site of the Coliseum, not extending beyond the previously developed part of Crinnis Beach, and are environmentally sensitive, proportionate, safe and sustainable, must be subject to a full public inquiry. It must be noted that the former Cornwall County Council and the Environment Agency both supported the stated aims of Carlyon Bay Watch at the four-week public inquiry in 2006 and Cornwall County Council, consistently and for good reason has opposed development on our beach since 1972. The creation of the new Unitary Authbority should not change the position. Where, we ask, is the new "transparency" that we were promised in May this year? What we consider to be an abuse of proper process by the planning officers, in support of the developer, whom they refer to as their "client", must not be rewarded by an unacceptable planning approval. The Planning Performance Agreement is to be discussed at a meeting of the Carlyon Parish Council on Tuesday, 22nd September at 6pm in the old Restormel Borough Council chamber in Penwinnick Road, St Austell. (We look at the new proposals in more detail) 14th August 2009: FOOTPATH APPEAL WITHDRAWN Ampersand has withdrawn its legal challenge to Cornwall County Council's decision last year that the route from Beach Road down to the end of the old Coliseum building at Crinnis is offically a public right of way. A Public Inquiry into the issue had been scheduled for 8th September after Ampersand had announced an appeal in March 2009.The Planning Inspectorate has confirmed the developer has withdrawn its appeal but says a site meeting will be held instead. The Inspector will then decide whether to uphold the County's decision or reject it, or she might even decide to extend the path onto the beach itself after new evidence was put forward by campaigners. Carlyon Bay Watch's Roy Bennett says: "In choosing yet again to withdraw their Appeal, the developers at Carlyon Bay have conceded that their published plans are indefensible. Now is the time for these beaches to be returned to public use, in an unspoiled state, for the benefit of the local community and tourists alike. Such action would put an end to the continuing drain on the public purse, and the undermining of the local economy, that has been the result since these developers effectively destroyed the beaches at Carlyon Bay. We shall meanwhile continue to support a revised proposal for an environmentally-sensitive, proportionate, safe and sustainable development, restricted to the site of the former Coliseum complex but this support must depend upon the earliest possible implementation of the public's access via the Right of Way as ordered by Cornwall Council's Footpath Modification Panel. There is no longer any case for delay. "
She told the St Austell Voice newspaper: "The company says it has always wanted public access to the beach but it has fought tooth and nail against the footpath." In April 2008 Cornwall County Council finally bowed to years of pressure from a group of local walkers led by Mrs Gloria Price and Frances Taylor to register several footpaths at Carlyon Bay as official rights of way on maps. They are:
Although Ampersand has said that public access to the beaches will be maintained, the registering of these paths means unrestricted access to the beach would be enshrined in law. Carlyon Bay Watch feels that relying on Ampersand's assurances could lead to public access being by permission only and over time could be restricted or lost. (More on the access and footpaths issue) 28th April 2009: SEA WALL APPEAL DELAYED AGAIN A High Court hearing into Ampersand's appeal against the government's rejection of its sea defence proposals at Carlyon Bay has been put back again to later in 2009. A date for the hearing had originally been set for 1st December 2008 and was then deferred until 1st May 2009. No new date has been announced. The then Secretary of State for Communities and Local Government, Ruth Kelly, refused to allow planning permission for the so-called "enhanced" sea wall and beach recharge after a five-week public inquiry in 2006 on the grounds that the scheme flouted various aspects of planning policy. Ampersand claim it was irrational and unlawful for the Secretary of State to turn down the scheme and say they are "reviewing our development options". (More on why the sea defence scheme was rejected) "The Battle of Carlyon Bay" can be read in the July 2009 edition of the Oldie magazine - journalist Keith Dovkants investigates the background and why the future of the bay is "still uncertain". 27th FEBRUARY 2009: APPEAL OVER ILLEGAL WALL WITHDRAWN Ampersand has withdrawn its appeal against an order to remove its illegal temporary sea defences. A public inquiry into the appeal was due to have been heard later in 2009. But the Planning Inspectorate has confirmed they have received a letter from the developer withdrawing its appeal against the enforcement notice for the existing sea wall. Ampersand have issued a press release saying they were withdrawing their appeal because it was in the "best interests" of all parties involved. They added they had two years to comply with the enforcement notice and would be looking at "all the options before us". Carlyon Bay Watch president, Roy Bennett, told BBC Radio Cornwall on 27th February that it was good news: "I have to see it as positive because Ampersand is accepting they couldn't win another public inquiry to consider this appeal against this enforcement notice." But he told listeners that there was still too much uncertainty about the developer's plans. "You do wonder what's coming next because they've said they'll look at other ways of overcoming the difficulties and will be looking at all options." Carlyon Bay Watch also issued a press release giving our reaction to the news. MEDIA RELEASE BEACH APPEAL WITHDRAWN We note that the owners of the beach at Carlyon Bay have withdrawn their appeal, thereby avoiding a Public Inquiry, against the Enforcement Notice issued by Restormel Borough Council in 2007 which requires removal of the illegally constructed sea wall presently blighting the beach. This should not be a surprise as the enforcement proceedings were soundly based and the appeal, entered at the very last minute, was made on unsupportable grounds. The illegal sea wall was identified as that which was required for the revised development plans presented to Restormel Borough Council in 2002 which were withdrawn in 2003, when the developer was faced with a public inquiry into those plans. Additionally it was admitted by the developer, during the four-week Public Inquiry held in November 2006 into the sea wall as now constructed, that the alleged temporary sea wall is not compatible with the so-called "extant consent". These facts undermine the developer's claim that the sea wall is either temporary or defensive. It remains a great pity that the offending sea wall, which day by day is effectively destroying the beach, may not be removed for nearly two years. After that time action for its removal becomes available to the authorities under legal obligation currently in place. (What's your opinion? Your views and comments are welcome)
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