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“Should such a loss occur, I acknowledge that the rights of the public would be lost and that no alternative route would automatically come into being. Nevertheless, in this case, the proposed route would still be located some distance inland. Whilst I accept that this part of the coastline is at risk of erosion and collapse, both the Council and the developer have submitted that this particular part of the cliff would only have a low probability of stability failure in view of its low slope angle and the established vegetation”.
Only time will tell if they are right. ____________________________________________________________________
APRIL 2017: CEG ASKED TO ALLOW DISABLED PARKING AT BEACH LEVEL Just weeks before work was due to start on the route of services into the beach development, CEG has announced that the project is "on hold" once again - this time the vote for Brexit is being blamed. In a statement, CEG said: "The result of the EU referendum introduced significant political and economic uncertainty which makes it impossible for us to continue with the planned investment programme across our portfolio so we’ve had to make some difficult decisions. “We are therefore disappointed to announce that all infrastructure works for the Carlyon Beach development, which were due to start in the autumn, are now on hold. However, we remain committed to Cornwall and the scheme, and will be reviewing all investments over the forthcoming months in the hope of picking up the reins again as the climate stabilises and market confidence returns. ....this is a completely unique situation never experienced in the UK before so no-one knows exactly what will happen next. We’ll be waiting for the dust to settle and will then have a clearer picture of what the future holds.” This isn't the first time the economic situation has been blamed for delaying the start of the development. Cornwall Council gave planning consent in the summer of 2011 and has granted various reserved matters applications since then. But the recession was cited as the reason for putting it "on hold", with various promises that work would start as soon as possible. Then objections raised over the fate of Public Rights of Way were blamed for work not starting as planned in the autumn of 2015 (even though at that time no agreements were in place for the routing of the services which are a necessary preliminary to construction). Carlyon Bay Watch understands that in fact agreement wasn't reached on the route of those services until a few weeks ago.
2nd JANUARY 2016: A NEW YEAR BUT SO FAR NO NEWS2016 is the year CEG have said they will start work on the Carlyon Bay beaches development. They said they will be starting on widening the access road which runs from Beach Road to Crinnis beach. They will also have to carry out works to stabilise the cliffs. Work might start on the sea defences on Shorthorn beach and on the Sandy River which will be confined to a culvert instead of meandering across the beach as it does now. The route of services (power, water, sewerage etc) is also yet to be determined - they will run under Cypress Avenue and then either across the Carlyon Bay golf course or under Sea Road North (the section between Cypress Avenue and the junction with Beach Road) then down Beach Road. The associated work will mean huge disruption as the various roads involved are likely to be closed for several months. Meanwhile there are plans once again for temporary cafes such as Sam's and various entertainments on Crinnis beach during the coming summer season.
25th OCTOBER 2015: PUBLIC RIGHT OF WAY UNDER THREAT AGAIN The Public Right of Way (PROW) which was won after a seven-year campaign by local residents is once again under threat - but this time, it seems, the developers are not solely to blame. Cornwall Council officers want to extinguish the section in the photo below which crosses the beach alongside the site of the Cornwall Coliseum.
Now officers from that same council have said they want part of it stopped up (extinguished) because they fear the council would be liable for maintenance costs. These, they say, would be too high because the path would be on top of the podium which forms the roof of the planned underground car park. The podium level also includes the various buildings on Crinnis and would be reached by a ramp taking pedestrians high above the current beach level. The proposal comes from the Cornwall Council Countryside Access Team in direct contradiction of the wishes of the members of the Strategic Planning Committee. In the Committee's meeting of 12th February 2015 concerns about the future of the PROW were raised by Councillors. In reply Jon Kenny for CEG assured Councillors that the existing Public Right of Way would be incorporated within its plans for the site and would take people to the promenade from where people could walk to the beaches.
Carlyon Parish Council on 20th October was told that CEG themselves have no objection to the continuing existence of the PROW and that there are potential ways around this problem such as re-routing (known as diverting) the PROW.
We most certainly would not want to be left with access to the beaches only provided by a s106 agreement - this means the route is used with the permission of the landowner not as of right.
There is nothing to prevent s106 agreements being altered and in any case, whatever CEG's intentions and Jon Kenny's promises, any future landowner over the possible 100 years of this development might have different views.
This Public Right of Way must not be lost to the people of this area and to visitors - Carlyon Parish Council , along with local ward councillors Tom French and Doug Scrafton, have told council officers to think again.
Please add your voice and send your comments to:
Zoe Perry,
Definitive Map Technical Officer,
Countryside Access Team,
Block E1
Carrick House,
Truro, TR1 1RB
Email: zperry@cornwall.gov.uk
Tel: 01872 322070
10th OCTOBER 2015: END OF THE LINE FOR SEA DEFENCES
The last remaining section of the sea defences erected without planning permission in 2004 is at last being ripped up.
The developers, CEG, had been ordered by Cornwall Council to remove the structure by the end of October 2015 after councillors had expressed their anger and frustration over the continued blighting of the beach. The so-called temporary sea defences were erected pending the building of a sea wall to protect the proposed development on the beach. But a 2006 Public Inquiry decided that that sea wall and associated beach recharge scheme was unsustainable and planning permission was refused by the Secretary of State for Communities and Local Government. An Enforcement Notice was issued by Cornwall Council but it wasn't until 2011 that the unauthorised line of shuttering and rock armour was removed - leaving the section at the western end in front of the Information Hut. The development was redesigned, including a sea wall further back which would not involve beach replenishment. It received planning permission in 2011.
4TH OCTOBER 2015: AT LAST - THE REMAINING EYESORE IS GOING
For a number of years Carlyon Bay Watch has been calling on Cornwall Council to enforce the law to make CEG remove the unauthorised structures which have been blighting what should be St Austell's best asset for so long. Carlyon Parish Council has also been pressing for action. Much of the mile-long line of metal shuttering and rock armour was removed in 2011 after a 2006 Public Inquiry led to an Enforcement Notice being issued for its removal - but with a deadline of 31st December 2011. CEG was given a one-year extension to allow "time to move the sales hut to the top car park". Since then, there was never any attempt to move it to the top car park (and despite having permission for that location, it now seems it's going elsewhere). In fact, CEG (in a cynical abuse of the planning system, in our opinion) managed to drag their heels with repeated applications to retain the structure and the "temporary" sea defences. Eventually Cornwall Councillors lost patience and voted unanimously in April 2014 to order its removal, expressing their anger and frustration over the continued blighting of the beach.
An Enforcement Notice was served on CEG by Cornwall Council in July 2014 - although CEG had until October 2015 to carry out the order. So, after 11 long years, the last section of this eyesore is going - how much better it would have been for beach users if they had done this when first ordered.
7th MAY 2015: THE END OF THE CORNWALL COLISEUM
For the first time in decades there is an unobstructed view from the cliff path to the sea and to the cliffs behind the beach. The demolition seems to be on schedule with site clearance due to be finished by the end of the May to enable the area to be used for temporary food outlets and entertainment for the summer season. (our End of the Coliseum page chronicles the demolition in pictures)
15th APRIL 2015: DEMOLITION OF CORNWALL COLISEUM BEGINS
In front of a crowd of onlookers and local radio and TV reporters, work began on the demolition of the old Cornwall Coliseum building on the 15th April.
The first part to go was the ticket office section and it's likely to take around four weeks to pull down the rest of the building. (You can follow the progress of the demolition on our End of the Coliseum page which we'll try to keep up to date with the latest pictures).
The start of work on the Coliseum sparked an outpouring of nostalgia on local radio and amongst those watching. The Coliseum had been the main venue in Cornwall for the best known singers, entertainers and rock bands of the 1960s, 70s, 80s and 90s and there were many memories of shows seen there. Others recalled the roller disco, the nightclub (variously called Bentley's, Quasars and Gossips). The Coliseum began life as the indoor tennis courts for the lido and leisure club first started in the 1930s. Its time as an entertainment venue ended when the Plymouth Pavilions opened, attracting the touring acts which used to come to the Coliseum. CEG acquired the site in 2004 and the Coliseum's roof was removed - leaving it to rot for the next 11 years. Original plans for the redevelopment included using the Coliseum building, but that proposal was abandoned by the time of the new application approved by Cornwall Council in 2011.
25th MARCH 2015: DEMOLITION UNDERWAY - WIMPEY GOES FIRST
Hoarding has been erected around the area as contractors Shield from Saltash take down the building which has been rotting away since its roof was removed in 2004. The demolition of the old Cornwall Coliseum is due to take place from 7th April until 15th May. The work can only be welcomed by all those who have been calling for the area to be cleaned up so that people can enjoy the beach once again. Meanwhile Sam's on the Bay (next to the Information hut) has opened again after the winter - with access during the week down the steps. At the weekend and after 6pm during the week, the Public Right of Way down the access road can be used. The Programme of Works: Bat inspections from 9th to 13th March. Asbestos removal between 17th March and 2nd April. Hoarding erection - 16th March to 2nd April Arcade demolition - 30th March to 2nd April Coliseum demolition - 7th April to 15th May Site clearance - 18th May to 29th May Work is to due to be completed by 29th May. It's not clear when any actual construction will begin - some reports say not until next year at the earliest.
14th MARCH 2015: DEMOLITION WORK ABOUT TO START? Developers CEG say that the Public Right of Way which runs down Beach Road and across the site between the old Coliseum building and the café on Crinnis beach will be partially closed from 16th March until 1st June 2015. Whilst the section running in front of the Coliseum will be closed for the duration of demolition, the Beach Road section (that is the access road down the hill) will be closed between 8am and 6pm Monday to Friday. That section will be open during the evenings and at weekends with beach access possible via the western end of the beach by the Information Centre. Access to the foreshore will also still be possible down the steps as it is now - although that is not a Public Right of Way but a permissive path. The area around the wrecked buildings will be fenced off to allow demolition work to begin. This follows the granting by Natural England of a licence to re-house the bats which have colonised the Coliseum. (More on Rights of Way on our Public Access page)
12TH FEBRUARY 2015: BEACH PLANS APPROVED Councillors on Cornwall Council's Strategic Planning Committee have approved CEG's latest planning application relating to the detailed proposals for buildings, landscaping and access to the beach development at Carlyon Bay. But there was considerable concern raised by the councillors over the future of the Public Right of Way which was confirmed after years of campaigning by local residents. They sought assurances that there would be no attempt to obliterate the route - although they acknowledged that it would have to be re-routed to take account of the buildings. (More on our Public Access page) They were told that any attempt to re-route would have to be approved by Cornwall Council. Under questioning, CEG's Jon Kenny said they had no intention of preventing the public from using the beach and public access would be guaranteed. Carlyon Bay Watch hopes that after all the years of destruction on the beach, work gets under way as promised to clear up the mess CEG has created. We also trust that the reassurance given to councillors regarding public access in perpetuity is fulfilled. BIRD SCARING Meanwhile local residents and visitors might have noticed the loud "bangs" sounding throughout the day from the beach. CEG says it is part of deterrent measures to prevent birds nesting in the Coliseum before the planned demolition in March.
FEBRUARY 2015: DATE SET FOR PLANNING DECISION
Cornwall Council's Strategic Planning Committee is due to consider CEG's latest planning application on 12th February. The application relates to the so-called "reserved matters" - that is the architects' drawing and the details of the layout and appearance of the buildings, landscaping etc of their development on Carlyon Bay. Outline permission was given in 2011 as well as approval for the detailed plans for sea defences. As indicated in artists' impressions shown at CEG's public exhibitions, there will be green roofs and "soft" sand dune defences on Shorthorn, with 150 units in apartment buildings and villas. This would form Phase 1 of the construction. Phase 2 on Crinnis would see 361 residential units in blocks, with leisure facilities, retail outlets and restaurants and bars. These would be built on a platform providing an undercroft for residents' car parking. There are also plans to move the Public Right of Way down Beach Road and across the old Coliseum site. CBW urges the council to make sure this is done with the greatest scrutiny and ensure that the Right of Way (which was established after years of campaigning by local residents) is not lost. When the application was submitted before Christmas, CEG said that if there are any delays it would not be able to start demolition and clearance work as promised. It also said it would need to raise the money for the demolition and infrastructure part of the development, which will cost around £30 million. It was suggested by CEG's Jon Kenney that some of that could come from public funds to help encourage private investors, although so far it appears that no such request has been made (according to Ward Councillor Tom French at January's Carlyon Parish Council meeting). Councillor French also told Carlyon Parish Council that he understood that contractors were waiting to start demolition of the Coliseum complex in March - so we wait and see.
21st JANUARY 2015: COUNCIL TO RAISE PUBLIC ACCESS CONCERNS
Carlyon Parish Council is to raise again with Cornwall Council its concerns over the Public Right of Way (PROW) down Beach Road to Crinnis. At its meeting on 20th January councillors discussed CEG's latest planning application which details the plans for a Gatehouse on Beach Road adjacent to the top car park, redesigning the current route down the hill to allow for a pedestrian footpath alongside the road for vehicles and for a "welcome" building at the bottom of the hill which would effectively obliterate the PROW.
Councillors want to make sure CEG is not allowed to remove a PROW which was approved after years of campaigning by local residents. CEG has set out some detailed plans to redefine the PROW - i.e. it says the PROW will still follow the present route but be raised to cross the site on top of the podium, ending at the promenade. Also at the Parish meeting, Cornwall Council ward councillor Tom French said he understood that a contractor was ready to start the demolition of the Coliseum complex in March. He also said that no request for a £15m loan from Cornwall Council had yet been received.
17th DECEMBER 2014: LOAN WOULD BE "DISGRACEFUL" - PARISH CHAIRMAN The chairman of Carlyon Parish Council has said that it is "disgraceful" that any loan should be considered to help CEG kick-start their development. Councillor John Hermes was speaking at the monthly parish council meeting on Tuesday 16th December, where he also expressed his "disgust" at the thought of any public money being handed over. At the meeting Cornwall Council ward member Tom French said that no such request had yet been made by CEG, but if and when it was then it could only be approved by the Cabinet. Another local councillor Malcolm Harris, Cornwall Council member for St Mewan near St Austell, writing in local paper The Voice, has said he wants to make sure any loan bid is considered by councillors, not by council officials. He wrote that, in a presentation by CEG to councillors, they were told they will apply for a loan from the council. The Planning Application At Tuesday's Parish meeting, the council decided to raise its concerns over the threat to the Public Right of Way which is contained in CEG's Planning Application. In its Planning Statement, CEG says "it will be necessary to stop up various sections of the right of way in order to enable the proposed development to be carried out ...". Stopping up means a Right of Way is removed - Carlyon Bay Watch believes such a move would be outrageous after the years of effort made by local residents to have it approved in the first place. (The background to the Public Right of Way is on the Public Access page) Councillors also expressed their concerns over a planned 'Gatehouse' which would be placed on Beach Road by the top car park to "provide a secure entrance point, controlling vehicles accessing the site." It was felt that, apart from its design which isn't in keeping with the surroundings, it would be intimidating for anyone wishing to get access to the beach.
3rd DECEMBER 2014: DETAILED PLANS PUT BEFORE COUNCIL CEG has finally submitted its planning application to Cornwall Council relating to the so-called "reserved matters" - that is the architects' drawing and the details of the layout and appearance of the buildings, landscaping etc of their development on Carlyon Bay. Outline permission was given in 2011 as well as approval for the detailed plans for sea defences. As indicated in artists' impressions shown at CEG's public exhibitions, there will be green roofs and "soft" sand dune defences on Shorthorn, with 150 units in apartment buildings and villas. This would form Phase 1 of the construction. Phase 2 on Crinnis would see 361 residential units in blocks, with leisure facilities, retail outlets and restaurants and bars. These would be built on a platform providing an undercroft for residents' car parking. The plans could go before Cornwall Council's Strategic Planning Committee in February but CEG has said that if there are any delays it would not be able to start demolition and clearance work as promised. It has also said it would need to raise the money for the demolition and infrastructure part of the development, which will cost around £30 million. It has been suggested that some of that could come from public funds to help encourage private investors. If the money is not forthcoming, then again there is no guarantee that work will start. You can comment on the plans on Cornwall Council's website - click here to go directly to CEG's planning application. Or write to Cornwall Council, 39 Penwinnick Road, St Austell, PL25 5DR - quoting the planning application number PA14/10875.
19th NOVEMBER 2014: SHOULD CEG GET 15m LOAN FROM COUNCIL? Developers CEG have admitted they are looking into the possibility of a £15 million loan from Cornwall Council to kick-start the building work on Carlyon Bay's beaches. They say they need the money for the demolition of the Coliseum and the infrastructure part of the development which will cost around £30 million. CEG's John Kenny told the Cornish Guardian and BBC Radio Cornwall that they were looking at a number of ways of raising the money - including public funding. Cornwall Councillor Tom French suggested in a briefing note shown to CBW that the deal would help encourage private investors if the local authority shows its confidence in the scheme with hard cash. CBW thinks this is an outrageous suggestion. For years CEG have emphasised, as part of their propaganda promoting this resort, that it would be £250 million of private money being invested in Cornwall. There would be no drain on the taxpayer, they said. Well maybe there won't be - CEG says the money would be borrowed by the Council at low corporate interest rates and lent to CEG at a commercial rate, with a potential profit for the taxpayer. But what if that doesn't work out as hoped? What if the loan can't be repaid? What is the collateral? If the loan is secured on the title for the beach, what happens if any developer goes into voluntary liquidation? If this development is to be the world-class resort it is claimed, why are private financiers not falling over themselves to invest in it? In addition to the worrying financial implications, there seems to be an element of undue pressure being applied. Councillor French's briefing says if the demolition of the Coliseum and the site tidy-up is to happen as promised in the spring of 2015, then Cornwall Council needs to agree its financial support by mid-January. Also before work can start, Councillors need to approve the detailed planning application (at the moment there is only outline permission). But that application has not even been submitted yet - which leaves a seemingly impossible timescale for the council to examine it properly. So if, as CEG keeps promising, work is to start on cleaning up the site in time for the 2015 summer season, then cash (perhaps public money) has to be found and Cornwall Council has to approve its planning application in record time. They also have to have a bat licence agreed to take care of the bats in the Coliseum - but then they've known about those since at least 2006. Oh - and if there are any delays they can't do anything until the autumn because of the bird nesting season which begins in early March! So nothing will be their fault then.
16th NOVEMBER 2014: FOOTPATH EXTENSION TURNED DOWN
The outcome of a Public Inquiry into whether the Public Right of Way on Crinnis should be extended to the waterline has ended in defeat for footpath campaigners and Cornwall Council. The PROW, which was formally approved by Cornwall County Council in 2008, currently goes down Beach Road and then passes the old Coliseum building to a point 30 metres beyond the old Wimpey building to what is known on the map as Point 14. (more on our Public Access page) After a long-running campaign by two local residents the issue of whether that PROW should be extended to the waterline was approved by Cornwall councillors in January 2013. Before that CEG had closed access to the foreshore when they pleased with fencing and locked gates. CEG appealed that decision which led to a week-long Public Inquiry in June 2014. The Inspector, Michael Lowe, heard evidence from Cornwall Council and from local resident Mrs Fran Taylor who, with Mrs Gloria Price, had originally applied to have the route included on the definitive map of rights of way. A number of local residents also gave their evidence of using the path from childhood as a way of getting on to the beach and down to the foreshore. CEG claimed it is not a Right of Way but a permissive route. (The area below Mean High Water is Duchy of Cornwall land and the public have an absolute right to move along it as they please - hence the importance of this PROW). The Inspector seems to have based his decision on an interpretation of case law concerning whether a walked line can cross an area used for recreation. If that is so then it could have serious implications for future access to beaches.
NOVEMBER 2014: POP-UP CAFE ON CRINNIS BEACH CLOSED A temporary café, Sam's at the Bay, which opened in August on Crinnis beach adjacent to the Information Hut, has closed for the winter. Sam's is part of a local business which includes restaurants at Fowey, on the beach at Polkerris and in the city in Truro. They also have a mobile van business for festivals etc. A beach cafe is the type of business Carlyon Bay Watch would like to see on the beach and it will certainly be a welcome change from the destruction and dereliction which have blighted the beaches for the last ten years. We wish them every success.
21st JULY 2014: ENFORCEMENT NOTICE SERVED OVER SHUTTERING An Enforcement Notice has at last been served on CEG by Cornwall Council ordering the removal of the remaining metal shuttering and rock armour on Crinnis Beach - although CEG has until October 2015 to carry out the order. Councillors voted unanimously in April to order the removal of the defences. They had expressed their anger and frustration over the continued blighting of the beach - the defences were erected without planning permission in 2004. CEG will have the right to appeal - so they have plenty of opportunity to play the legal game to cause as much delay as possible. In June councillors threw out an application by CEG to retain the sea defences (which protect the Information hut) until June 2015. That followed an attempt in November 2013 to retain the defences until 2016 - but this was also refused by the Council's Central area planning committee.
17TH JULY 2014: LIAISON GROUP TOLD OF LATEST PLANS Three-quarters of the homes built on the beaches at Carlyon Bay would be holiday lets, according to the latest plans for the development outlined at a meeting of the Beach Liaison Group in June. Councillor Graham Entwhistle, who attended the meeting on behalf of Carlyon Parish Council, reported to the council at its monthly meeting on 15th July:
In addition, Cornwall Council ward member Tom French told the Parish Council he was "excited" that CEG were experimenting with different plants for the so-called green roofs being proposed. He also said he was interested in the plans for low level lighting on the promenade. A Public Exhibition of the current design work being proposed for the development at Carlyon Bay is being held at the Information Hut on Crinnis beach from 10am to 7pm on Friday 18th July and 10am to 2pm on Saturday 19th July.
8TH JULY 2014: STRANGELY QUIET LAUNCH FOR NEW BEACH CAFE With little fanfare, the developers CEG has let it be known that they have come to an agreement with Sam's (of Fowey, Polkerris and Truro fame) to operate a sort of pop-up café in August from a temporary site near the Information Centre cabin. It's claimed by CEG that this will bring a flavour of things to come on what is currently a demolition site. Apart from Sam's high quality food, they're also thinking of providing music and other entertainment in the evening. All of this has so far occurred without any public consultation and with no communication with any neighbours. The so-called Beach Liaison group apparently met in late June - the first meeting for nearly a year - but so far the public has not been told what was discussed. It does beg the question 'What is going on?'. The first the public knew of this venture was a notice on the beach about an application for an alcohol licence. When asked at the last Carlyon Parish Council meeting what he knew, Tom French, Cornwall Council local ward member, said he knew very little but was sure it was a daytime only venture. The very next day the Cornish Guardian newspaper ran a piece giving a lot more information than Councillor French had apparently been privy to. We wait to see. At least it means that something is being done - albeit in the most secretive of ways - to encourage people to go down to this derelict site. Perhaps it will mean that some form of tidying up will take place and reverse, to some extent, the continual erosion of this formerly attractive venue.
20TH JUNE 2014: "SEA DEFENCES MUST GO" SAYS COUNCIL - AGAIN! Another application by CEG to retain the remaining sea defences at Crinnis Beach has been thrown out by Cornwall Council.
The latest part of this saga follows an attempt in November 2013 to retain the defences, which protect the "information centre", until 2016 - but this was refused by the Council's Central area planning committee. The latest application seems to be another example of how they seem play the system so that they can delay as much as possible any action which can be taken to remove this terrible eyesore. We now wait to see whether an Enforcement Notice is served on the developer after councillors in April voted unanimously to order the removal of the defences. They had expressed their anger and frustration over the continued blighting of the beach - the defences were erected without planning permission in 2004. CEG will also have the right to appeal - so they have plenty of opportunity to play the legal game to cause as much delay as possible.
17TH JUNE 2014: PUBLIC INQUIRY ENDS Meanwhile a Public Inquiry into the extension of the Public Right of Way on Crinnis to the waterline ended on 17th June. The Inspector, Michael Lowe, heard closing submissions from the QC representing CEG, a barrister representing Cornwall Council and from local resident Mrs Fran Taylor who, with Mrs Gloria Price, had originally applied to have the route included on the definitive map of rights of way. A number of local residents had given their evidence of using the path from childhood as a way of getting on to the beach and down to the foreshore. CEG claim it is not a Right of Way but a permissive route. (The area below Mean High Water is Duchy of Cornwall land and the public have an absolute right to move along it as they please - hence the importance of this PROW).
The PROW, which was formally approved in 2008, currently goes down Beach Road and then passes the old Coliseum building to a point 30 metres beyond the old Wimpey building to what is known on the map as Point 14 (more details on the Public Access issue). The long-running issue of whether that PROW should be extended to the waterline was approved by Cornwall councillors in January 2013. Before that CEG had closed access to the foreshore when they pleased with fencing and locked gates. CEG appealed and the issue will be decided by the Secretary of State after seeing the Inspector's report. That decision is likely to take four to six weeks.
JUNE 2014: DOG BAN MISLEADING SAYS COUNCIL AS PROW INQUIRY NEARS
The signs give notice of a dog ban from May to September, as well as warning that dogs should be on leads. There have been numerous reports of people being intimidated by security guards if they attempt to walk down with their dogs. Of course they have every right to impose rules on a private beach, but the signs are adjacent to the Public Right of Way (PROW) and give the impression they cover behaviour on that right of way. In fact, CEG cannot stop people taking their dogs on the PROW or insist dogs are on leads on that path. If you want to walk down that path with dogs, then challenge the guards and say you have every right to do so. The controversy arose just before the start of a Public Inquiry into an extension of that PROW to the waterline. It began on 10th June at the One Stop Shop in Penwinnick Road, St Austell. The PROW, which was formally approved in 2008, currently goes down Beach Road and then passes the old Coliseum building to a point beyond it known as Point 14 (more details on the Public Access issue). The long-running issue of whether that PROW should be extended to the waterline was approved by Cornwall councillors in January 2013 after a campaign by two local residents, Gloria Price and Frances Taylor, with the help of the Open Spaces Society. Before that CEG had closed access to the foreshore when they pleased with fencing and locked gates. CEG appealed against that decision and the issue will be decided after the Inspector has heard evidence from Cornwall Council, CEG and local witnesses. People have enjoyed access to the sea here for generations and unless it is enshrined in law it will only be allowed at the whim of the developer. CEG claims public access is guaranteed through the Section 106 agreements drawn up as part of their planning permission - but there are plenty of examples of Section 106 agreements being changed at a later date.
MAY 2014: NEW APPLICATION TO RETAIN UGLY SHUTTERING CEG has once again applied for permission to retain the remaining section of sea defences at Crinnis Beach - this time until June 2015. The move makes a mockery of Cornwall Council's decision to take enforcement action against them over the ugly shuttering and rock armour which has blighted the beach since they were erected without planning permission in 2004. The latest part of this saga follows an attempt in November 2013 to retain the defences, which protect the "information centre", until 2016 - but this was refused by the Council's Central area planning committee. Now once again they seem to be playing the system so that they can delay as much as possible any action which can be taken to remove this terrible eyesore. The deadline for comments is 20th May - you can have your say on the Cornwall Council website - the application number is PA14/0343. Hundreds of people have signed our petition calling for the beaches to be cleaned up - including the removal of the shuttering and rock armour. But this move demonstrates once again what CEG thinks about the elected councillors, the local community and the visitor who are horrified at the destruction that's been caused on these beaches.
18TH APRIL 2014: SEA DEFENCES MUST GO SAY COUNCIL Cornwall Council has at last decided to take enforcement action against CEG over the sea defences at Crinnis Beach, Carlyon Bay. At a meeting of the Central area Planning Committee, councillors expressed their anger and frustration over the continued blighting of the beach by ugly sea defences which were constructed without planning permission in 2004. They voted unanimously to order their removal - although procedure means that the order will take three months to come into effect and CEG will have 12 months to comply after that. CEG will also have the right to appeal - so they have plenty of opportunity to play the legal game to cause as much delay as possible as they have done in the past. (see below) Nevertheless, Carlyon Bay Watch welcomes the council's decision and hopes that by the 2015 season the public might be able to enjoy the natural levels of the foreshore once again.
28TH MARCH 2014: SEA DEFENCES - DECISION DUE ON ENFORCEMENT A council decision on whether to take enforcement action against CEG over the sea defences at Carlyon Bay is due on 14th April. Carlyon Bay Watch has been calling on Cornwall Council to enforce the law to make CEG remove the unauthorised structures which have been blighting what should be St Austell's best asset for ten years. Carlyon Parish Council has also been pressing for action. At its monthly meeting in March, chairman John Hermes expressed his anger and frustration at the attitude of planners and developers in delaying enforcement of the removal of the sea defences.
Councillors had asked council officers for a report on the options for enforcement - they were to have discussed the matter in March but the report was delayed to take into account the damage caused by February's storms. The "temporary" rock armour and sheet piling was built without planning permission in 2004. Since then there has been a Public Inquiry and an Enforcement Notice issued for its removal - with a deadline of 31st December 2011. Much of the shuttering and rock armour was removed with the exception of a large section protecting the information/sales hut at the western end of Crinnis.
6th MARCH 2014: BEACH FOOTPATH RE-OPENS After the recent closure of the Public Right of Way to Crinnis beach following the storm of 4th/5th February, the path was re-opened over the weekend of the 22nd/23rd. Developers CEG had closed off the beach to the public saying the damage caused by the storm had made it unsafe. But Carlyon Parish Council had condemned the closure and said it would seek a meeting with CEG. Councillors said they're were concerned about the way CEG closed the PROWand it wasn't clear whether they had the authorisation necessary from Cornwall Council. At their monthly meeting on 18th February, councillors heard that CEG say they had closed the PROW because the "building site" had been exposed by damaged fencing and also the beaches were littered with debris (such as broken fencing) tossed around by the storms. (We would point out that there wouldn't be such debris if CEG had removed the structures it had placed on the beaches as asked by CBW and the hundreds of people who have signed our petition). Councillors said they were concerned about the on-going behaviour of guards stopping people using the PROW even though the extreme weather has gone. CEG are closing the path at will using public safety as an excuse - but it was pointed out that other Cornish beaches are not policed in this way. Council chairman John Hermes said that he believed it was up to the public whether to use the PROW in extreme weather - by all means warn them of the dangers, he said, but they should not be shut out. Councillor Fran Taylor said CEG's actions show they cannot be trusted to keep footpaths which are part of the Section 106 agreements open. (CEG has always claimed that there is no need for a designated Public Right of Way because public access is "guaranteed" by the S106 agreements which are a condition of the planning permission. In fact such paths would be permissive only and could be closed at any time - such as for reasons of "public safety".) The issue of signage of the Public Right of Way was also raised - despite being a designated PROW since 2008 it has never had any signage so that strangers to the area don't realise they have the right to use it (and the guards don't enlighten them). Now, at last, after months, if not years, of nagging, the signs are ready but face more delays before they can be installed due to pressure of work on Conrwall Council contractors Cormac. The council decided to allocate £500 to try to get the work done as soon as possible. 11th FEBRUARY 2014: STORM DEBRIS "CAUSING MARINE HAZARD" Construction debris, apparently washed off the beaches at Carlyon Bay and out into St Austell Bay, has been called a hazard to wildlife and shipping. It then washed up in large mounds on Par Beach a few miles away. If it is established the plastic netting and shredded pieces of geo-textile came from Carlyon Bay, the developer CEG is likely to be told to clear it up.
It appears to have been washed out into St Austell Bay and then taken eastwards to Par Beach (a process incidentally which CEG persistently claimed could never happen - they say anything washed off Carlyon Bay beaches would be washed back in again and not migrate elsewhere). The material is causing a marine hazard because of the danger to wildlife and to boats' propellors and CBW understands that the Marine Management Organisation, the government body which polices the marine environment, is taking action and will be visiting Carlyon Bay and talking to CEG. The Cornwall Wildlife Trust is also keeping an eye on the situation. CBW has been urging for the remains of the sea defences, erected without planning permission in 2004, to be removed. Removal was ordered after a Public Inquiry in 2006 decided that the planned sea defences were not viable. After years of delay, nearly a mile of metal shuttering and rock armour were removed from the tidal zone and piled up at the back of the beaches, but the concrete foundations and the materials used to anchor the defences, were left in place under the sand. In November 2013, Cornwall Council's planning committee decided that CEG should not be allowed an application to retain a remaining section around the Information Hut until 2016. The Council has not yet decided what action to take and in any case the company has six months to decide whether or not to appeal against the decision.
5th FEBRUARY 2014: BIG STORM BATTERS BEACH The massive storm which battered Cornwall over the 4th and 5th of February has caused significant flooding and damage to the beaches at Carlyon Bay. At high tide waves overtopped the raised roadway around Shorthorn Point and the rock armour and shuttering in front of the Information hut at the western end of Crinnis. 'Sand' was washed over the roadway and has banked up over the lower end. Fences were smashed and the textile used to help anchor the temporary sea defences was exposed and ripped up. Some of it has washed up on Par Beach at the eastern end of St Austell Bay.
If you have any photos please email them to us at comment@carlyonbaywatch.com See the photos we have already.
1st FEBRUARY 2014: NEW SIGNS 'MISLEADING' SAY CAMPAIGNERS
Of course they have every right to impose rules on a private beach, but the signs are adjacent to the Public Right of Way (PROW) and give the impression they cover behaviour on that right of way. In fact, CEG cannot stop people taking their dogs on the PROW or insist dogs are on leads on that path. The PROW, which was formally approved in 2008, currently goes down Beach Road and then passes the old Coliseum building to a point beyond it known as Point 14 (See here for more details on the Public Access campaign. The long-running issue of whether that PROW should be extended to the waterline was approved by Cornwall councillors in January 2013 after a campaign by two local residents, Gloria Price and Frances Taylor, with the help of the Open Spaces Society. Before that CEG had closed access to the foreshore when they pleased with fencing and locked gates. CEG appealed against that decision and the issue will be decided after a public inquiry to be held in June this year. People have enjoyed access to the sea here for generations and unless it is enshrined in law it will only be allowed at the whim of the developer. CEG claims public access is guaranteed through the Section 106 agreements drawn up as part of their planning permission - but there are plenty of examples of Section 106 agreements being changed at a later date.
25th NOVEMBER 2013: 'ENOUGH IS ENOUGH' - WALL MUST GO CEG's application to retain until 2016 the remaining rusting sea defences at the
CBW is delighted that councillors have listened to Carlyon Parish Council, who have consistently called for this eyesore to be removed, to Councillor Tom French of the St Austell Bay ward who supported the Parish Council's position and to the hundreds of people who have signed our petition. Anne Langley, who stood as an Independent at the May elections and came a close second to Cllr French, spoke at the meeting as an objector:
(** The 'hybrid' application was a detailed consent for the sea wall (i.e. they could build it today) and an outline consent for 511 apartments, retail units etc.)
A decision is due on Monday 25th November 2013 into CEG's application to leave
6th SEPTEMBER 2013: SEA DEFENCES "DO NOT HAVE CONSENT" Readers of the Cornish Guardian letters page 28th.August will need to know that the claim by Mr. Kenny (Director, Commercial Estates Group) to have been “given planning consent” for the sea defences has no foundation in fact. The truth is that, having built their sea defences without planning permission in 2004, CEG’s retrospective planning application was rejected after a long Public Inquiry in 2006. Then, in 2008, Restormel Borough Council served an Enforcement Order to remove the construction by the end of 2011 and, to give requested time for removal, this was later extended to December 2012. In October 2012, CEG applied for a further extension until mid-2014 but, on the very day that application was to be decided, CEG withdrew their application. Carlyon Bay Watch then sought to have the Enforcement implemented, whereupon CEG made yet another application, this time for the construction to remain until mid-2016. Given that Cornwall Council cannot, in law, enforce whilst an application exists, would one not perhaps be entitled to believe that CEG have become dab hands at playing the system? The key point is that this construction has never been ‘given
planning consent’ as alleged, and given that other people have been hauled before the courts and heavily fined for failure to comply with planning rules, one might hope that a reputable company like CEG would wish to expedite a fair and just resolution by the speedy removal of the sea wall in full compliance with the decision made by the Secretary of State in 2006, now nearly seven years ago
Developers CEG have submitted another planning application to leave the rusting iron pilings around the sales hut at the western end of the beach in place - this time until March 2016. This so-called "temporary" retention of sea defences is the latest move in a saga going back nine years and the pilings will have been in place for 12 years by 2016 - even though they were built without a shred of planning permission and CEG were told to remove them five years ago. The 80 metre section was left to protect the information cabin after the rest of the unauthorised defences were removed in 2011. CEG were given a 12-month extension to give them "time to move the sales hut to the top car park". A deadline of 31st December 2012 came and went and then CEG put in an application to extend the deadline again until July 2014. On 10th June Cornwall Council's Central area planning committee were due to decide whether to allow this application - but just a few hours before the 2pm meeting the committee was informed the application had been withdrawn pending yet another application asking for yet more time. Now that application is in there will be a consultation period, then a planning officer's report, then a council decision. So another summer season will have come and gone with immense harm being done to the tourist industry and a local amenity caused by this rusting eyesore. Then if they are allowed this extension it means visitors and locals will have to put up with it blighting the beach for another three years - and even then we believe CEG will just keep on making more applications. There is no need for the hut to be there - it is rarely open and they already have permission to move it to the top car park, but it seems they don't intend to do anything to make the beach better for visitors in the interim before any building begins. Again and again we've seen these delaying tactics and CBW believes they should not be allowed to keep getting away with it. We're calling on Cornwall Council to carry out the Enforcement Order and make the developers remove the structures.
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30TH APRIL 2013: PARTIAL BEACH CLEAN-UP UNDER WAY
Watch the march to Crinnis beach. http://www.youtube.com/channel/UC7p_jz7ulVm2CqgsoVJ7XYQ
Around 50 people marched down the Public Right of Way to Crinnis Beach on Wednesday, 27th March to highlight the disgust of many local people at the way it has been left in such a mess. They were calling for it to be cleaned up in time for the summer season so that locals and visitors could enjoy the beach during the time of delay before building starts.
JANUARY 28th 2013: CAMPAIGNERS' VICTORY OVER FOOTPATH
CEG claimed there is no public right of way beyond this and they close access to the foreshore when they please and always close it overnight by means of fencing and locked gates. But local footpath campaigners say people have enjoyed access to the sea at Crinnis for generations and unless it is enshrined in law it will only be allowed at the whim of the developer. The developers claim public access is guaranteed through the Section 106 agreements drawn up as part of their planning permission - but there are plenty of examples of Section 106 agreements being changed at a later date.
It is therefore recommended to Members that the available evidence is sufficient for the Council to make an Order to add the claimed path to the definitive map and statement. It is further recommended that the Order be confirmed if unopposed or submitted to the Secretary of State for confirmation if the Order is opposed." DECEMBER 6th 2012: CEG PLANS ON HOLD - AND THEY BLAME LOCALS
But despite their claims to want public access to continue they blocked the route in the first place and it took years of effort by local people to have it proclaimed a Right of Way. In fact it was the developer who was responsible for time wasting in that case by not withdrawing their objections until the last moment when a Public Inquiry had already been scheduled. Now they're objecting to it being extended to the shore (and demonstrate their intentions by the fact that they use locked gates to prevent access to the tideline at their whim now) because whatever they say about welcoming public access, unless it is enshrined in law they could stop it whenever they wished. This is the official Carlyon Bay Watch response to CEG's press statement: CARLYON BAY DEVELOPMENT HALTED?
With only a few days to go before Cornwall Council’s Rights of Way panel is set to announce its decision about an Application to extend a public right of way, Carlyonbaywatch is at a loss to understand the developer’s need to publish its decision to ‘slow down’ the development. If this was an attempt to influence the decision makers, we can only hope that they are made of sterner stuff. The Application to extend the Public Right of Way from Point 14 onto the tide-line has been known about for nearly three years. It thus appears ingenuous, to say the least, for the Developer to now seek to lay responsibility for the proposed “slow down” upon the PRoW Applicants. Further, what the developer chooses to describe as a “temporary position of uncertainty” has been a known and certain fact for at least eight years, when this route was marched by 300 local residents on a bitterly cold Sunday early in 2004. And the world economy ? That’s been on the blink since 2009. It was the developer that chose to block the route to the beach in the first place, despite being alerted to this problem those eight years back. It is the same developer that has since steadfastly refused to countenance any accommodation whatever of the submissions made by Carlyonbaywatch and many others. It is the developer that arbitrarily, and without a shred of planning consent, chose to create the monstrous obstruction of steel and rock in 2004, and has had to be driven by Borough Council and County Enforcement action toward its removal. It is the developer who repeatedly “markets” public access, but yet has physically and regularly locked at whim a route used by locals and visitors for decades. It is the developer that chose (despite having been given in 2010 a Planning Consent to move the sales hut to the top car park) to leave nearly a kilometre of the Sea Wall in situ, and to disregard the terms of the Enforcement Notice. It is the developer that chose, equally arbitrarily, to barricade the highly important South West Coastal Path which traversed the top car park, thereby forcing walkers onto its chosen fenced route. It is the developer that deliberately also chose to utterly exclude the key local Resident Group from its Beach Liaison Committee, irrespective of a written promise of constructive and meaningful debate given by that Resident Group, and despite many public declarations of support by Carlyonbaywatch for an ecologically proportionate plan for the brownfield site. It now appears that this developer is left to seek a scapegoat for its miscalculations whilst it rings its corporate hands about the totally foreseeable and mounting problems surrounding this over-ambitious development. (More on the Public Access issues) NOVEMBER 2012: 'TEMPORARY' SEA DEFENCE - STILL HERE IN 2014?
Now, a month before the deadline for its removal, they have applied to leave it there until June 2014.
Landing craft, helicopters, hovercraft, tracked vehicles and lorries as well as several hundred Royal Marines and Royal Navy personnel - a military exercise on the Carlyon Bay beaches on Saturday 8th October proved an exciting spectacle.
21st AUGUST 2012: SAFETY FEARS OVER LOCKING OF GATES
Carlyon Parish Council is writing to Cornwall Council after receiving complaints from residents that CEG is locking gates at the end of the Public Right of Way which goes down Beach Road and along the front of the Coliseum building to Point 14 as designated on public footpath maps. In particular people are angry and concerned about safety after gates were locked during an incoming tide with rough seas - trapping some walkers on the beach. They were forced to make their way to the steps at the western end and had to clamber over the rock armour left at that end to protect the information centre - their dog was washed off the rocks and was only saved by its lead.
I was employed by RBC when consent was first granted for development of this beach and the promise of "jobs for the locals" was what got it pushed through by Mr McNally. I was also told by those who made the decision that public access would not be jeopardised by the development. I had more than one Councillor at that time assure me that if there was any question of public access being denied, they would not have approved the application. Sadly this assurance is now in doubt.
As you know I have used this beach personally for over 50 years and the local people always regarded the beach as theirs. It was acknowledged that the buildings were private. There is no other way to put it - this greedy developer has now fenced off what the public have used for generations and made no escape whatsoever for inclement conditions.
I was recently interviewed in person about my use of the beach by Steve Dyer from CCC because of the last part of our official footpath down Beach Road to the beach being fenced by the developer at "Point 14". A point which has only recently popped up on paperwork. For years there was no such a place. People went to the beach. They would not have gone down to "Point 14" and turned around and gone home again! This last section of footpath (which was under water during the storms) is now the subject of discussion at a modification order panel in September - hence Steve Dyer collecting evidence of its use. Apparently he has 36 witness statements. I have told him I can get more if required.
As at least part of the beach falls within your patch, can you please make known this situation before there is a fatality. Anyone using the beach years ago would never have been placed in danger because they could always get far enough back from the sea to escape safely. The developer has also put up notices stating "Private Beach" with permissive use only all over the place, the Public Right of Way exists to the beach and is not private. We do not want the beach CLOSED because nobody can get out because the developer has CLOSED A GATE WHICH SHOULD NOT BE THERE ON A PUBLIC FOOTPATH.
We have seen Councillors come and go - developers come and go - the beach remains and the local people have a right to use it - let's keep it that way!"
Not only are these problems becoming apparent but we were contacted by Julie Hensby who told us: "I arrived at the beach at 6.45 and the security guard had blocked it off but there was clearly lots of people still on the beach and parked at the bottom car park. I asked him if he would mind if we parked down there as we would only be an hour and my little boy aged four is disabled after fighting a brain tumour since age one. He point blank refused so I had to carry my son down the steps to get access to the beach. When we left there were still people parked in the bottom car park and he was still there . I posted this on Facebook and it seems there are other disabled people that have had the same problem." We suggested Mrs Hensby contact the local press and her experience was reported by the Cornish Guardian. They asked CEG for a response and were told it was a case of 'managing the public's safety'. CEG puts great weight on its minibus taking people with mobility problems down to the beach from the top car park. But, as with so much else on this beach now, it is not by right and only operates when CEG wants it to.
Hundreds of people descended on the Carlyon Bay beaches when a 65ft whale was washed up at Shorthorn. The female Fin whale had obvious wounds and gashes and experts said she appeared to be undernourished. It was decided she was too sick to be taken out to sea again and, before vets could act to put her out of her misery, she died a few hours after being washed up. The next day the carcass was towed to the nearby Par Docks and later taken by low loader to an abbatoir in Liskeard.
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