Carlyon Bay Watch and other local residents are angry that 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.

As this photograph shows, the footbridge built across the Sandy River at Shorthorn beach by the developer and opened with great fanfare as part of its campaign for public approval, has now been closed.  Because of the massive boulders dumped alongside the river as part of the developer's rock armour, it can now only be crossed by wading through it where it meets the sea - making a walk from one end of the beaches to the other only possible for those with the right footwear. 

Ampersand says, as part of its massive development plans for hundreds of apartments and houses on the site and a huge sea wall, that access will continue.  Carlyon Bay Watch and other local residents believe that relying on Ampersand or any future owner of the site to stick to those assurances would mean public access being by permission only and over time could be lost.  

Ampersand maintains that its good intentions regarding public access are demonstrated by the money spent installing public toilets and a drinking fountain, improving the steps down to the site, providing a bus for the disabled and elderly and building a viewing platform with benches.  But Carlyon Bay Watch and footpath campaigners believe this is all beside the point.  None of these measures means public access is guaranteed as of right and enshrined in law. 

The promise of conditional public access made by Ampersand was in a draft Planning Agreement which is now defunct, so that, even if there was the offer of a permissive right that died with that Planning Agreement following the Secretary of State's decision in 2007.  That draft agreement contained a right of the developer to close access at its choice.  It could, for example, have chosen to close the beach on Bank Holidays or the best weeks of the season.     

Ampersand says it has provided public toilets - but there were public toilets on the site for decades before they were demolished by Ampersand.  And before the beach was barricaded the disabled and elderly, as well as families with pushchairs, could drive down almost to the water's edge, even at high tide - without having to rely on a bus only provided during office hours.    

On  22^nd April 2008 an order was made by Cornwall County Council for a public right of way from Beach Road to the Beach.  But nothing has changed on the ground.  The fences remain in place guarded by 24/7 security.  Unfortunately this means persons with mobility difficulties, or simply families with pushchairs can still not enjoy this route, as of a right.

According to Andy Woods, Director of Ampersand, on the News on Radio Atlantic FM on Monday 15 July 2008, this public right of way is ‘unnecessary’.  The reasons he gave were that Ampersand would provide a new improved route when the development was completed.

In my opinion he has missed the vital point, that any route provided by the developer would be permissive, unless dedicated as a right of way by them.  This means with their permission and can be closed as it was in January 2004.  The second point he has missed is that no building work has even started yet on the beach.  The public statements that the extant (existing) planning permission would be built has not happened on the ground.  Therefore, it follows that any improved route provided by Ampersand must be after a build period.  It begs the question what is the public access situation during the construction?

This application was made in January 2003 by me and Mrs Francis Taylor of Carlyon Bay Campsite as co-applicants, based on historical evidence from many sources including that brought forward from the local community.   There has been 5 years of consideration of all the evidence submitted by all parties including Ampersand's, by Cornwall County Council.

 One of the most important evidential documents has to be The Minutes of the Highways and Planning Committee 18^th January 1979 in which the Borough Council had determined that ‘pedestrian or equestrian user’ ..’had a public right to use the route down to the beach’.

I understand that Ampersand have appealed to the Secretary of State against this public right of way, on the grounds of lack of evidence, and this is likely to result in a public Inquiry.  If this transpires, then I appeal to anyone who has, walked, cycled or ridden on horseback a long this route, during this period to give evidence to the Secretary of State at least 4 weeks prior to any Public Inquiry.

I am disappointed that because of the opinion expressed by one man that this right of way is unnecessary, it remains blocked and guarded.  The correct legislative process has been carried out , but on the ground nothing changes.  This would appear to be out of step with the democratic process taking place in the form of the Country Side and Rights of Way Act 2000 (CROW Act).  From next April 2009 a Coastal Access Zone will run around the coast of England similar to that already enjoyed in Scotland and Wales.  This begs the final question for me of the effect of building in a Coastal Access Zone.  Perhaps it leaves us in the tidal zone,  between a rock and a hard place, but definitely not high and dry.

Gloria Price

Carlyon Bay