Access

Footpath Access to Carlyon Bay Beaches

Like A.L Rowse in his famous Autobiography 'A Cornish Childhood' locals and visitors alike have taken for granted the pleasures of walking freely from Cornish shores to the edge of the sea. The South West Coast Path and access to Polgavor, Crinnis and Shorthorn beaches have been areas where the public have enjoyed walking for leisure and recreation for generations.

'The farm was quite close to Crinnis Beach' now Bethsda……he would ride over for a bathe and not a soul in sight….
( See 'A Cornish Childhood' by A L Rowse, The Cornish Library No.2 published by Anthony Mott Ltd 1982 (London) Chapter IV Early Years Page 97 'Going for a picnic to Crinnis…')

Would that we could all enjoy this freedom in perpetuity, but one of our concerns with regard to the huge planned development at Carlyon Bay beach is that this public access, which locals and visitors alike, have taken as a given right, could be under threat by over development. Although there are several assurances on record from the developer that public access will be maintained, unless this is enshrined in law, access to the beaches could be seen to be permissive and, over time, become eroded or lost. Consequently, members of the local community have been active on behalf of the community and for perpetuity, by seeking to apply to register several historically used paths and tracks. This includes 3 key footpaths giving access onto this stretch of coast line. They are currently under consideration and we keenly await the outcome.

When the applicant wrote to Cornwall County Council a year after the applications were submitted, requesting a date for a decision on the footpaths, the reply came back;

“Whilst I am still unable to give an estimation of when this item is likely to be taken before the panel, in line with the fact that the application has been given priority consideration, this application is already being processed and work on the draft report is still ongoing. Again, I would point out that a very considerable volume of evidence has been put forward by the parties in relation to the claim, which will take some time to properly consider in the report itself. Obviously another factor affecting the time frame is the legal issues that are likely to arise out of a case of this complexity, involving not one but multiple alleged rights of way.” letter to the applicant dated 19.12.05 from CCC

There are straight forward procedures where by land owners can dedicate public rights of way over their land. This would be a simple and cost efficient solution for both the land owners concerned and the rate payers, who could then continue to enjoy their rights.

Organisations such as the National Trust have purchased many miles of coastline but these tend to be in areas designated as of Outstanding Natural Beauty. This unfortunately does not apply to the St Austell Bay area which is predominately privately owned, although the public have historically enjoyed unrestricted free access to much of the bay. Only Par Beach and Porthpean Beach are currently under local authority management/ownership. This predominance of private ownership has implications for future wide scale development and connected access issues.

The current situation with the commonly known 'Right to Roam' or correctly titled Countryside and Rights of Way Act 2000 (Crow Act 2000) is that it does not cover Beaches or Coastal areas at the moment. It does however cover cliff top and inland cliff land sited below if it consists of certain types of vegetation, but even then only by special consideration by the Secretary of State. However, as has been seen in the recent 'Vixen Tor' on Dartmoor case there are flaws in this legislation. The problem with identifying land as access land by what is growing on it is that Landowners can improve the land for cultivation. This can be done by clearance and fertilisation, thereby changing the classification, as with Vixen Tor to agricultural land. Alternatively, heath land can be cleared for building purposes. Only what can be found on the ground at the time of registration counts. Evidential statements or photographic documentation even by 'experts' cannot be accepted, therefore if you take a tractor or a bulldozer to access land then there may be certain repercussions but the actual land status under the Crow Act 2000 maybe be changed forever, in line with recent legal decisions re Vixen Tor.

It is clear, then, that these rights can not be taken for granted. In an era of corporate discontinuity, where individual property owners and even large companies can come and go, access to our coastline needs to be absolutely guaranteed in perpetuity.

The Open Space Society and the Ramblers Association are currently campaigning for Coastal and Waterside Access and involved in lobbying the Government to include these measures in the CRoW Act 2000.

See Open Space Society http://www.oss.org.uk/ & Ramblers Assoc for more info on current situation.