Gweek Boatyard - Click here to read the full planning enforcement decision. 

After a 12 year saga of confusion and prevarication by Kerrier District Council this planning enforcement issue arrived in April 2010 at a full Planning Inquiry for final disposal of all the competing arguments through a definitive ruling by an Inspector appointed by the Department of Communities and Local Government. The Inspector conducted a thorough investigation into all those arguments over 6 days.

To describe both the painful process of getting the matter thus far and the vicarious discomfort experienced during presentation of the Council’s case I can do no better than to refer members to the article published in ‘Boating Business’ on 3^rd June 2010 entitled “Trouble in the Helford ooze” (attached to this Report and reproduced on our website with the kind permission of  Mercator Media).

The Inspector’s Decision was given on 15^th July 2010.

In a decision extending to 32 pages of analysis of the evidence in the most meticulous detail the Inspector ordered that the Boatyard’s Appeal against the Council’s Enforcement Notice should be dismissed. He did so because he found  that the Boatyards unauthorised activities had caused significant and material harm both to the landscape character, appearance and natural beauty of the Cornwall AONB contrary to national policy guidance and also to the nature conservation and biodiversity interests of the area contrary to policies requiring protection of Cornwall’s landscape character and natural resources especially at sites of international and national importance.

He further found that there was no strong evidential basis for concluding that removal of the 1000’s of tones of rubble landfill dumped into the River illicitly to extend the Boatyard would threaten the viability of the business or lead to the closure of the boatyard.      Moreover, the Inspector ruled the cost of removal and any likely environmental implications of doing so to be of limited weight – “I do not consider the general argument that because what has happened would now cost a substantial sum of money to remedy  provides a sound reason for concluding that it should not happen. Such a conclusion would set an unwelcome precedent encouraging others to carry out similar forms of development on the basis that it could be successfully pleaded in defence that it would cost too much to remove if planning permission were not obtained retrospectively and an enforcement notice so required.”

His Decision meant that the Boatyard have until 16^th January 2013 to remove all the material dumped into the River to create the unauthorised extension failing which non compliance becomes a criminal offence subject to all the most potent sanctions designed to preserve the rule of law.

This matter provided the most significant test,  for probably several decades, of the tenability of the raft of environmental policy protection given to the Helford River through having the highest level of designation available in the planning system.  The Inspectors findings were quite unambiguous in confirming the overriding weight carried by the need to protect the Helford River as a an area of international and national importance against unsustainable incursions by unauthorized development particularly for relatively short term benefits.

In view of this Decision’s importance as a bench mark for the future,  and because knowledge of its contents appears to be frequently absent from opinions expressed on the subject, I make no apology for making all 32 pages of it available on the Associations website for reference.

Despite all this it is somewhat depressing to have to report that there appear to be signs that approaches by the Boatyard to reopen the entire issue in an effort to avoid compliance with the Enforcement Notice as wholly ratified by the Inspector may be enjoying a more profitable reception than the categorical rejection which for clarityand finality’s ’s sake must be warranted. Stuart Powell recently had a meeting with Cornwall Council planners at their highest level in order to express concerns and the prospective new owner of the Boatyard has declined to have meeting with us to discuss the situation contrary the wish previously stated by him to have consultations with local stakeholders groups including the Gweek Parish Council.

Mike Bruton of the Cornwall CPRE wrote to the European Union in January with a complaint that, as confirmed by the Inspectors findings, the Habitat Directives were being breached by the continuing saga in this Special Arrea of Conservation.  The characteristic and continuing lack of transparency in the conduct of the Gweek Boatyard situation gives rise for even greater continuing concern, particularly in view of the long history of inadequate performance in the planning enforcement function of Kerrier District Council in this very case.

Having seen secured a bench mark ruling unequivocally confirming the paramount importance of AONB status and other environmental designations attached to the Helford River, this Association cannot be passive observers if it is undermined at all let alone arbitrarily.  The next year will need the Associations close attention if this ‘flagship’ ruling consistent with the principal aim of the Association is not to be ignored particularly for reasons which cannot be justified on any informed examination.

The Gweek northerly channel from the bridge has been silted up by the action of the boatyard some 10 years ago in diverting the stream. The Parish Council are taking steps to reverse this. A member, Steve Clarke, is concerned about abandoned boats in the area  and has been asked to give details.

The Fishermen’s Access Road and Quay extension at Helford Application is still buried in the depths of the Planning Department as the opponents produce more reasons why it should not be pursued, this time mainly about the ecological damage it would cause, which they think English Nature, whose concerns had been allayed, has not been diligent enough. This is the same as it was a year ago.

Remains of the Oyster Trestles near Tremerlin were reported to be a hazard to boats but a member, Greg Powlesland, now reports they are no longer there.

Nearby, the Shipwright Arms Inn‘s wish to be a private house was Refused, in order to maintain community use. An Appeal was refused. It closed in October and is now under Administration. It is on the market, with some interest but below the asking price of half a million.

Anna Maria Creek illicit dwelling continues to baffle Cornwall Council, and the transgressor continues to run rings around the Enforcement authority.  A fresh formal complaint has been made on 16^th March relating to non-compliance with the Enforcement Notice prohibiting residential use of any boats there and also unauthorised change of use of the foreshore from recreational use to industrial process use ie structural repairs/ breaking up/metal salvage of boats commensurate with General Industrial B2 Boatyard Use.

Our Committee member, Stuart Powell, continues to try to encourage the Council Planning Enforcement officers to attend to this situation. The Police, Fire Brigade and the Council’s Environmental Health Officers have all had to attend at this location during the last year to address problems emanating from the same source. Prompt effective planning enforcement would have nipped many of these problems in the bud several years ago.

Separately, we have a plan to repeat the 2002 clearance of derelict boats and other detritus and refuse which detracts from this Area of Outstanding Natural Beauty (AONB). It involves securing the support of other interested bodies before seeing if the County’s AONB Unit will take this on as a Special Case Study Area (as they offered to do 4 years ago – but were discouraged by Kerrier DC from pursuing)  This would at least be one active step taken since the AONB Unit  was set up 10 year’s ago under the CROW Act.

At Polwheveral, a largish delapidated boat caused concern that it might set a precedent for dumping. Our associate Helford River Conservation Group put pressure on the owner of it, fearing also it would be repaired in situ. for which a boatyard would be more appropriate. It has now been moved from Polwheveral but there are fears that it has simply been laid up in another natural location rather than taken to a boatyard for proper attention.

Five years have passed since a then unauthorised building was placed in a local field. Retrospective permission was granted on the basis it would be used to house agricultural machinery subject to a review after five years.

New Planning Applications around the River this last year are as follows :

We looked at 31( 28 last year and 32 two years ago) which can be divided as

A controversial extension Application at Helford Pear Tree Cottage was withdrawn.Most otherwise were acceptable except for two recently. In Bar Road, a plan for a six car garage and orangery was deemed to be inappropriate in an AONB. At Lower Calamansack , an Application for an official  change of use from a boat house to a dwelling based upon a claim that there has been de facto unauthorised use as a dwellinghouse for a sufficiently long period to attract time barred immunity from enforcement action is currently being considered by Cornwall Council.  An objection  made on the detailed technical legal grounds which are relevant in such Applications (as opposed to the ‘planning merits’) has been submitted by the Association during the consultation process.. The planning merits of  new houses in the countryside and particularly in this most sensitive position in the AONB are of course wholly against such development but are not strictly relevant in such Applications. Similar Applications, including a bizarre and much more unmeritorious one just outside the Associations immediate geographical sphere, seem to be growing in number –  evidence it is thought of the failure of the Council’s planning enforcement function over the last 10 – 15 years.

A member, George Brew, at Port Navas criticised the design of TideWay, recently rebuit. This was allowed on Appeal from the Council’s refusal primarily because of a mistaken approach by the planning officer in the rejection of an original scheme. The result is an illustration of the kind of thing we need to oppose as inappropriate beside the River.

The Cornwall Building Group make awards for suitable new designs. At Bosulla in Port Navas, we opposed a design which was then revised in such a way as to deserve the Association nominating it for an award.

The River Warden service is now run by the Truro Harbour Master. I hope to have a summarised version of the log, running from May to September available at the AGM.

Our Website continues to be indebted to Jeff Meadows for operating this site but it still requires more lively copy for him to use. I regret   it suffers from membership input and would welcome a computer literate to liven it..

Social Activity again was not possible due to lack of a suitable venue. I have therefore not obtained a speaker for our AGM on 20th April to allow more time for members attending to talk to each other when we have refreshments.

Flunder’s Seat was placed on the footpath at Dennis Head to commemorate a previous Treasurer and Chairman who died some 20 years ago. We need to ensure it is properly maintained.

The late Fiona Beale left us £5000 and the Committee recently sent £250 each to the Children’s Sailing Trust and to the National Coastwatch Institute in her memory. Proposals to help the Port Navas Village Hall and the Gweek Council to help clear the northern channel were thought to be inappropriate.

Officers and Committee appointments are to be made at the AGM and I encourage members to put their names forward as this provides continued imputus in the Association’s affairs, especially for your Chairman, as I have to retire due to an impending move upcountry .Call me if you are interested.

Please let me have any comments you may have on what I have written.

Robert Williams Tel 01326 340382 or robert_williams30@btinternet.com
or Polwheveral Cottage Constantine FALMOUTH TR11 5RW

14 March  2012

After a 12 year saga of confusion and prevarication by Kerrier District Council the planning enforcement issue concerning Gweek Boatyard arrived in April 2010 at a full Planning Inquiry for final disposal of all the competing arguments through a definitive ruling by an Inspector appointed by the Department of Communities and Local Government. The Inspector conducted a thorough investigation into all those arguments over 6 days.

The Inspector’s Decision was given on 15^th July 2010.

In a decision extending to 32 pages of analysis of the evidence in the most meticulous detail the Inspector ordered that the Boatyard’s Appeal against the Council’s Enforcement Notice should be dismissed. He did so because he found that the Boatyards unauthorised activities had caused significant and material harm both to the landscape character, appearance and natural beauty of the Cornwall AONB contrary to national policy guidance and also to the nature conservation and biodiversity interests of the area contrary to policies requiring protection of Cornwall’s landscape character and natural resources especially at sites of international and national importance.

He further found that there was no strong evidential basis for concluding that removal of the 1000’s of tones of rubble landfill dumped into the River illicitly to extend the Boatyard would threaten the viability of the business or lead to the closure of the boatyard. Moreover, the Inspector ruled the cost of removal and any likely environmental implications of doing so to be of limited weight – “I do not consider the general argument that because what has happened would now cost a substantial sum of money to remedy  provides a sound reason for concluding that it should not happen. Such a conclusion would set an unwelcome precedent encouraging others to carry out similar forms of development on the basis that it could be successfully pleaded in defence that it would cost too much to remove if planning permission were not obtained retrospectively and an enforcement notice so required.”

His Decision meant that the Boatyard have until 16^th January 2013 to remove all the material dumped into the River to create the unauthorised extension failing which non compliance becomes a criminal offence subject to all the most potent sanctions designed to preserve the rule of law.

This matter provided the most significant test,  for probably several decades, of the tenability of the raft of environmental policy protection given to the Helford River through having the highest level of designation available in the planning system.  The Inspectors findings were quite unambiguous in confirming the overriding weight carried by the need to protect the Helford River as a an area of international and national importance against unsustainable incursions by unauthorized development particularly for relatively short term benefits.

In view of this Decision’s importance as a bench mark for the future,  and because knowledge of its contents appears to be frequently absent from opinions expressed on the subject, I make no apology for making all 32 pages of it available on the Associations website for reference.

Click here to read the full planning enforcement decision. 

Trouble in the Helford ooze…

03 Jun 2010

Mr Emerson’s new island eventually joined forces with the mainland

Dark goings-on down on the Helford River offer a salutary lesson, writes Bilge Rat, on how someone with the money and the desire can ride roughshod over sluggish local planning departments.

It leaves a gap in our ranks which another member might like fo fill. Please call me if so.

In planning matters, like London buses, troubles come in bunches and so we had two vexatious Planning problems about the same time around Easter.

GWEEK BOATYARD

After another three years, the Planning Inspector got round to having an Inquiry into the Appeal by the Yard against the Enforcement Order to remove its unauthorised extension some ten years ago. Expecting to last three days, it went on for six, starting at Helston and ending in Scorrier in April (???). My view can be summarised as supporting the existence and importance of the boatyard to the River but against the flouting of Regulations when expanding its area some ten years ago. The Appeal decision has just been received as I write.The Appeal fails except for a minor exception, the claim for costs is rejected and the deemed Planning Application refused .

HELFORD QUAY and ACCESS ROAD.

Eight years have passed since this was proposed, followed by extreme dissension within our Association as to its worth to the River. We had an Extraordinary General Meeting, which showed a two-thirds approval but some vehement opposition. The then Council Approved the Planning Application, which was quashed by a Judicial Review on one point out of the eight Appealed against. It now appears that point – whether the Natural England condition not to use the beach approach by the Fishermen could be enforced – has been resolved and Cornwall Council are reconsidering the Planning Application.

Otherwise in Helford, the Application to convert the Shipwright’s Arms into a a private dwelling is still, after a year, pending by the Council.

ANNA MARIA CREEK

After 5 years of continuous proactive pressure by this Association we have succeeded in getting the Council’s Enforcement Team to take effective action against attempts to establish illicit residential use of boats on the foreshore. An Enforcement Notice was issued and served in April covering Anna Maria creek. This then came into force as an Enforcement Order on 21st June 2010 from which date it has become an offence for any person to use a boat at this designated location for residential use. Again with the assistance and encouragement of this Association the Counci’s Enforcement Team are now pursuing compliance.

Once compliance has been effected the Association intends to lobby the Cornwall AONB Unit to make Anna Maria creek a special case study area so that official steps can be taken in accordance with the AONB Management Plan to remove much of the rubbish and detritus which has accumulated particularly during the period of resisdential occupation.

At GILLAN, an Appeal against Refusal to expand a creekside house called Spinneywood was dismissed – in doing so the Inspector rejected the views of the Council’s Planning Officers who had recommended Approval vindicating instead the views of the Councillors in refusing permission against the officers advice, showing there can be success in containing undesirable development.

The Council has held as Conference for Parish Councils to consider how to make more effective local opinion, with an experiments at Feock and Camborne respectfully with Local Development Orders and Pre-Application procedures. As a Consultant by the Council for Helford River matters, we need to work more closely with local Parish Councils as a consequence. But this all takes time by individuals who may have other interests.

We also need to work more closely with others like the CPRE and the Helford River Conservation Area and Group. An example of that is the note below.

The OYSTERAGE obtained a Licence to lay metal cages near the entrance to the River, which we thought might obstruct navigation by boats under sail. It is for three years, so we wait to see if it does.

The Preserve Port Navas Quay website is worth visiting to see details about their concerns.

Robert Williams Chairman Tel 340382 or robert.williams200@virgin.net or Polwheveral Cottage Constantine FALMOUTH TR11 5RW

ADDENDUM

Helford Eelgrass Beds

The Helford eelgrass beds off Grebe Beach are well-known for their luxuriant growth and wealth of colourful animals and seaweeds amongst the waving green fronds. Some 30 years ago there were also extensive intertidal beds along Bar Beach, Calamansack, Treath and the Gillan inlet but sadly these have all disappeared. This makes the remaining beds even more special and well worth conserving and we hope that we may soon see the return of everyone’s favourite – the seahorse.

Although the shore between Durgan and Toll Point is a wonderful place for summer picnics the Helford Marine Conservation Group has tried hard to discourage boats from anchoring on top of the main beds where the eelgrass rhizomes and roots are so easily dislodged only to drift away to die.

This is all within the international designation of the Fal-Helford marine Special Area of Conservation and so, with the help of Natural England, the HMCG organised two, not too obtrusive, red warning buoys to indicate that boats should not anchor to the landward side of the buoys. Most reasonable people seemed to find this acceptable.

However we ran into a problem earlier this year and here is where you could help.

One of the buoys went missing and we should be very grateful if anyone knows if it has been picked up locally. For convenience it could be returned to Simon Walker or Nick Bailey, Helford Moorings, so that we can restore it without having to spend precious donations on a replacement.

Dr Pamela E Tompsett CBiol MSB Scientific AdviserHelford Marine Conservation Group

Tel. 01209 842316 E-mail: petomp@bioscope.demon.co.uk

www.helfordmarineconservation.co.uk

The new scene follows the establishment of the Unitary Cornwall Council in April and the replacement of Kerrier with a new organisation called West 2, whose Planners are the same officers, working in the same way as they did previously, but with a democratic deficit, insofar as the Officers are delegated to decide 90% of Applications without the need to inform the Public of their existence. Further, the Planning Committee of Councillors to decide the other ‘major’ items has been composed of twelve persons – six each from West 1 (aka Penwith District Council) and West 2 to deal with plans from Mawnan Smith to St. Just, which means a shortage of local knowledge.

WEBSITE:  Continuing thanks to Jeff Meadows, it can be visited at www.helfordriver.org. There are also other websites of the River, wellworth visiting for their views and information. In particular, that of www.Preserve Port Navas Quay has raised some adverse comments as to the readability and interest of our own site. It has made us consider what improvements can be made to put our position over to the world at large. Any that members can suggest are welcome. Charles Pugh (340630) is contact for this project.

Sadly, the OYSTERAGE at Port Navas continues to divide the inhabitants,and, in an Area of Outstanding Natural Beauty (AONB), the quay is a major area of contention and the placing of production cages in the main River is another.The latter is the subject of a decision by the Marine Fisheries Agency. Conciliation seems the way forward in order that both sides can prosper. The refurbishment of the three seats on the quay, placed there in 1960 by the village and the positive help with the Regatta shows the Oysterage in a good light.

The CPRE has written to the Duchy about its part in maintaining the environment of the Helford but received a negative reply, which has become standard practice for them. The AONB unit of the Council also tends to concern itself with theory rather than practice, so has not been of much use to us.

For the improvement of ANNA MARIA CREEK, we have now got the Local Government Ombudsman to press the Cornwall Council to deal with the inaction of the previous Kerrier Council in the removal of unauthorised living. Since the same people are still dealing with the matter, we fear the outcome will not be speedily dealt with.

This Complaint is still supported by the Mawnan Parish Council.We are grateful to Stuart Powell (250481) for dealing with this seemingly intractable problem.

We continue to monitor PLANNING APPLICATIONS around the River. Few of major concern have arisen but we are pleased that a renewed Plan at Bosulla in Budock Vean Lane, previously refused on Appeal despite being approved by the Officers but objected to by us, has resulted in a scheme along the lines which we suggested.

A Plan to close the Shipwrights Arms at Helford has met strong objection and is still to be resolved. Conversly, the closure of the Ferry Boat Inn saw it reopened under new management by Ben Wright (with a distinct emphasis on oysters).

The Permission by the departed Kerrier for a Fishermen’s quay and access at Helford village was quashed by a Judicial review but allows Cornwall Council to renew the Application if the matter of Natural England’s permission can be resolved. This is under review.

The GWEEK BOATYARD Enforcement Order is still under Appeal but has to be resolved by the end of the year. We await action.

The RIVER WARDEN Service has started under the control of the Truro Harbour Board and we will have a sight of the log in the autumn.

Robert Williams Chairman Tel 340382 or robert.williams200@virgin.net or Polwheveral Cottage, Constantine, FALMOUTH TR11 5RW

Thanks to Jeff Meadows, the WEBSITE is now running and can be visited at www.helfordriver.org. There are also other websites of the River, well worth visiting for the views and information.  Charles Pugh (340630) is our lead for this project.

The threat of a MUSSEL farm in the entrance to the River has, as a consequence of protests, gone, perhaps to Porthallow, in Falmouth Bay.

Sadly, the OYSTERAGE at Port Navas continues to divide the inhabitants, and, in an Area of Outstanding Beauty (AONB), has a quay in some disarray, and trouble with metalwork in the main River. Conciliation seems the way forward in order that both sides can prosper.   Ben Wright posted a robust defence of the Oysterage position on the Port Navas website in the spring and has followed this with an update dated July 2008.

For the improvement of ANNA MARIA CREEK, we have now made a Formal Written Complaint to Kerrier on their inaction over the removal of unauthorised settlement, namely the ‘red bus’, to kick them into doing their duty.   This Complaint is not only supported by the Mawnan Parish Counci but the Council have co-signed the Complaint. We are grateful to Stuart Powell (250481) for dealing with this seemingly intractable problem.

We have also had a number of PLANNING APPLICATIONS by new owners to increase substantially their houses in Port Navas Creek, which is in an AONB. This has undesirable social effects if the owners are not resident and adversely deteriorates the natural environment, as the area becomes more built up.   Kerrier have supported our objections (in some degree), but with wealth against them, have faced Appeals or their threat, which could be costly if allowed. Principles can have their price which has to be paid sometimes. In the case of Tideway (PA07/00898/F), their Appeal has been allowed, but their costs have been denied ; interesting.

We have also used the new system of being allowed to speak directly (for a maximum of three minutes only) to the Planning Committee on Applications.   Though minimal, this does emphasize our concerns.

The current Marine Bill, some 600 pages long, has raised concern at obscurely placed provisions to allow Natural England to substantially increase access to the coast and inlets which might affect the Helford. This has been mentioned to our MPs.

Robert Williams Chairman

This year Kerrier is seeking to outsource the provision of this (and other ‘beach services’)  and has negotiated with the RNLI to carry out the functions of the Warden Service.    It is unclear at the start of summer exactly how this is to be undertaken, but the RNLI has agreed to provide a similar level of cover as has been provided by Kerrier Leisure Services.   The HRA is in contact with the RNLI and hopes to be kept informed as to what exact form the new delivery of the service will take.   As well as the general operation of the service the question of how – and indeed if – legal enforcement of the Statutory By-Laws (speed limits) can be carried out  by the RNLI is a matter of interest to the River community and remains a ‘grey area’.

As a matter of interest, the Helford is nearly unique among waterways in the UK in having no statutory body such as  port or harbour authority operating to regulate affairs on the River.

POSTSCRIPT DECEMBER 2008

As events turned out, the RNLI subcontracted the Warden service to the Falmouth Port Authority – who in turn re-employed the original Kerrier warden using the original Kerrier boat.  The service operated for only the latter part of the season.   The Harbourmaster has indicated that a fuller service is likely to be operated in 2009 under his auspices and the HRA is attempting to liaise to ensure that an effective Warden service does in fact operate.   However, there are doubts as to whether any more substantial enforcement of the by-laws can be expected other than by giving the warden a more visible and perhaps a rather  more official looking appearance.

After much further deliberation, the applicant has decided to relocate his proposal to a site outside the Helford (in Porthallow Bay).  The HRA having been involved in the early discussions and having received a number of expressions of concern, now no longer has any interest in the matter as it lies outside the terms of reference of the Association being beyond the river boundaries.