The following are topics recently raised for discussion by residents:

7.1    Climate change
7.2    The application of the principles of design and design management to climate change
7.3    Simple comparisons between energy saving systems
7.4    Retaining walls to private gardens on The Point
7.5    Garden Design and Landscape Design
7.6    Proposed undergrounding of services
7.7    Cornish drystone hedges
7.8    Cornish hedges on The Point
7.9    High stone walls with mortar joints
7.10  Creeping suburbia
7.11  Verges
7.12  Recent cleaning out of Cornish Hedges together with the construction of new dry stone walls
7.13  Gates
7.14  House signs
7.15  External colours
7.16  Motor vehicles, speed limits, sight lines and parking
7.17  Light pollution (“Night blight”)
7.18  Public rights of way
7.19  Private access to the water
7.20  Registration of fundus and foreshore ownership
7.21  Planting from an ecological and landscape character perspective
7.22  Derek Reed, Chair, Friends of Restronguet Point
7.23  Parking problems on The Point
7.24  A sign to be provided at the end of the Point
7.25  Stone Features at the end of The Point
7.26  The pit
7.27  The end of The Point (“Marble Head”), and sign
7.28  Water taxi
7.29  Arial Photograph of the end of The Point
7.30  The new letterbox and proposed bus shelter at Harcourt
7.31  A walk from Trelissick
7.32  Helicopter activities and private landing sites
7.33  Photographic archive
7.34  Additional housing within the village of Feock to the east of Harcourt and Porthgwidden
7.35  Practical Planning Control, lessons learnt

 

7.1  Climate change

The climate has always been in a state of change. What is significant now is the rate at which it is changing and the reasons for the change. A recent study suggested that the average temperature in the UK may rise between 2 and 3½ degrees centigrade by 2080. This in turn may bring an increased risk of flooding, erosion, loss of vulnerable coastal habitats and potential loss of species. Positively, it may also bring opportunities for an extended growing season, scope for increased outdoor activities, new habitats and species to replace those lost. ... There will be the need to consider the role of sea defences and other flood alleviation schemes.
(CAMP 2004-9, §4.1.25-27)

There is ample evidence to show that climate change is already having an impact. Year 2007 experienced the hottest spring and wettest summer on record. Late Spring, Summer 2007. Meteorologists have blamed Britain’s wet summer on the unusual position of the jet stream, a belt of fast-moving air 36,000ft above the earth that controls the movements of bad-weather systems.

During most summers the jet stream lies across the north Atlantic effectively penning bad weather there and in the Greenland Sea so that only Iceland and Scandinavia are affected by them. This allows anti-cyclones, the high-pressure weather systems associated with warm, sunny summer weather, to move up from Europe to cover Britain.

Year 2000, however, the jet stream has moved several hundred miles to the south. This has allowed depressions, the low-pressure weather systems that bring storms and heavy rain, to batter Britain.

The situation has been made worse by the hot and sunny weather systems lying over much of central and south Eastern Europe. These interact with depressions to generate the storms and cloudbursts behind the recent floods.

Why, though, has the jet stream shifted southwards? Scientists are not sure of all the reasons but believe there is a link to a natural phenomenon known as La Nina.

This occurs when cool water surges up from the bottom of the Pacific off Peru. The water cools the air above it setting of a series of changes in the Earth’s atmospheric circulation.

Other factors appear to be at work too. One of them could be the warming of the Atlantic. Man Huddleston, principal climate change consultant at the Met Office, said such conditions were one of the effects of climate change.

Jet streams are high altitude winds which control the movement of bad weather systems.

The main Jet stream in our hemisphere usually passes north of Scotland, penning back bad weather systems.

The year, 2007,the stream has moved several hundred miles, diverting bad weather across Britain.

(Jonathan Leczke, The Sunday Times, 22.07.07)

The effects of measures to reduce greenhouse gases – a principal cause of global warming – are likely to be more immediate. The national government response to climate change is to reduce greenhouse gas emissions that are contributing to global warming, most significantly through promoting renewable energy and planning for the climate change that cannot be avoided. ... It appears that a strengthening of central and regional government policies on achieving renewable energy targets will increase pressure on the AONB landscape.
(CAMP 2004-9, §4.1.27-28, 32)

7.2 The application of the principles of design and design management to climate change

In order to reduce and at the same time minimise the effect of climate change the design of all forms of mechanised transport, manufacturing processes and construction methods are being considered. Design management techniques are recognised as being critical to reducing the effects of climate change now accepted as inevitable. (JC).

A report from the Intergovernmental Panel on Climate Change, OPCC, published on 06.04.07 warns that the temperature rises of 2-3C predicted by 2050, spell global disaster for both humanity and the environment. Equatorial lands that are home to hundreds of millions of people will become uninhabitable as food and water run out due to climate change.

Up to 40% of animal and plant species face extinction as rising temperatures destroy the ecosystems that support them. It will point out that the 29 billion tons of carbon dioxide poured into the atmosphere each year are acidifying the oceans — threatening to destroy coral reefs, plankton and many commercial fish species.
By the middle of the century, the report will warn, more than 200m people could have been forced from their native lands by rising sea levels, floods and droughts, with many more facing early deaths from malnutrition and heat stress.
The IPCC report is a collation of the best peer-reviewed scientific research into the impact of climate change, published over the past five years or so.

Many of the worst effects on humans will be caused by water — or lack of it — in the form of floods, drought, melting glaciers, rising sea levels and ocean acidification.
Nearly a third of the world’s land surface may be at risk of extreme drought by 2099 compared with about 1% at present. Such a change would destroy farmland and water resources and lead to mass migrations of “environmental refugees”
The IPCC also warns that the Amazon rainforest could be in danger. Professor Diana Liverman, Director of the Environmental Change Institute at Oxford University, said the region was already experiencing an alarming reduction in rain.”The warming of the oceans seems to be changing the water cycle.” she said.

In lands close to the equator, especially in Africa declining crop yields could leave hundreds of millions of people unable to grow food.
In Europe, one of the most obvious early impacts will be the destruction of Alpine ski resorts, with about 70% losing snow cover by 2050.
The IPCC says it is “too late” to avert some degree of climate change.
It calls on humanity to co-operate on adapting to the changes — while trying to limit them by cutting emissions.
(Jonathan Leake,  Environment Editor, The Sunday Times, April 1st 2007)

Bill Dunster, one of Britain’s foremost green architects,
“We are talking about people pulling down houses built in the 1960s and l970s, and replacing them with something new. These people want a result, the best of everything, and they are all asking for energy efficient designs.
If you have any money these days, not addressing your carbon footprint is becoming socially unacceptable.

We aim to save  enough energyby design to compensate for the construction of the building”. (Bill Dunster, Sunday Times, 01.04.07)

Localy there is also a reported drying‑out of the water source above Devoran since the mining of tin ceased. (JBC)

7.3 Simple comparisons between energy saving systems.

The information is general and listed in the order of saving return on cost, high to low.

1. Insulation.
Cavity-wall and loft insulation costs should be recovered in a year; for instance the cost of a tank jacket should be recovered in four months.
Payback almost immediate with a potential saving of 20%.

2. Energy saving bulbs.
Install energy saving lamps. For larger properties with extensive and varied lighting, costs can escalate.
Payback: within a year.

3. A basic solar thermal (hot water) system.
A basic solar thermal (hot water) system  will provide up to 70% of hot water. Planning permission is in the process of being relaxed.
Payback time: varies according to usage

4. Low energy refrigerators and other appliances.
Energy efficient refrigerators are one of the few household items operating 24 hours a day. Turn off TV standby switches and IT equipment when not in use.
Payback within four years.

5. Geothermal and ground source heat pumps.
The temperature of the ground only a few metres below ground is fairly constant, but more so at depth. 60M -70M. The associated heat pump is 400% efficient and will heat water to 48deg.C.  The geology of the area is a factor, the harder the sub-strata the easier to drill. Payback when compared with an equivalent new installation for oil or gas with radiators can be as little as seven years.
Alternatively pipes laid 1M below the source on a level site, will harness the suns’ energy, using a ground source heat pump.. A vertical installation is more efficient.
Payback within 20 years.

6. Wind turbines.
Smaller turbines are seldom efficient, the larger the better even if shared with other users. Wind speeds need to be in excess of 6-8mph before they operate.
To function efficiently a turbine should preferably be sited in an exposed situation, to avoid turbulence. Planning permission may be required in an AONB.
Payback. over 30 years.

7. Solar photovoltaic (electricity producing) systemscell systems.
A photovoltaic system is more efficient and expensive than a basic solar thermal system. It converts the sun’s rays into electricity. The power supply company will purchase  the surplus. through the Energy Savings Trust. Associated building and plumbing costs will vary. Planning permission may be required in an AONB.
Payback: over 30 years

8. The planting of trees.
The planting of trees is to be encouraged to replace those already felled.

9. Whole House Ventilation with Heat recovery.
The combination of water heating and space heating using Geothermal ground source heat pumps.

(Based on an article by, Donnach McCarthy, printed in The Sunday Times, May 28 2006, and amended by Chris Hendra, CAD Design, Chartered Architects and John Crowther.)

7.4 Retaining walls to private gardens on The Point

Coastal retaining walls to private gardens on The Point have been and are being severely damaged and in some cases washed away. The repairs should be carried out by specialist sub contractors using modern engineering practice combined with traditional skills. The traditionally constructed retaining walls with local stone should be encouraged where possible.  Insurance cover should be included under “Boundary Walls”

Stone delivered from water,

Dry stone wall panel

The composite piers, beam and dry stone wall to allow ground water from higher land to drain.

The new stone wall is hand built, using traditional pier and beam construction with vertical infill dry stone wall panels. These panels allow the ground water behind the wall from the higher ground to drain. (JBC, March 2007)

7.5 Garden Design and Landscape Design

Michael Kemp, a member of the FRP Monitoring Committee suggested that a section referring to garden design be included. Also refer to The Feock Home Garden Society, Secretary, Heather Ferris, (01872 863 861).

The Friends organised visits to private gardens on The Point in 2005, 2006 and 2007. These visits proved to be very successful and demonstrated the wide variety of garden design on the Point.

In almost every garden the layout has been dictated by the contours of the land, aspect and prospect, and protection from the elements. They vary from the large scale garden at Porthgwidden, believed to have been designed by the Vicar of Feock, Tom Phillpotts, then living in the house, cica, 1844 and more recently by the late Dr Lee in 1975.

The style varies from classical to contemporary. The planting varies from indigenous to non indigenous. Very few gardens on The Point have been designed by a landscape architect. (JBC)

7.5.2  The Landscape Institute

The Landscape Institute is the Royal Chartered body for landscape architects, professionals who inspire people to expect the best from the natural and built environments. It is a charitable body working to enhance and conserve the landscape whether rural, urban or coastal. In 2005 the Landscape Institute and Royal Institute of British Architects formalised their close working relationship. (www.landscapeinstitute.org).

7.5.3  Sculpture in the Garden

Sculpture gardens have flourished in Europe and Japan. With the garden-building movement now a quarter of a century old, it is possible to make a few observations and draw a few conclusions. The impetus for the development of sculpture gardens came from two primary sources. One was the example of several mid-century modernist masters like Alexander Calder, Henry Moore, and David Smith, who in the 1950s had considerable success in placing their work out of doors.

These semi-rural sculpture parks are invariably likened to the Romantic English gardens of the 18th and 19th centuries. Among the most intriguing developments in contemporary sculpture gardens, as their history seems to indicate, is the marriage of an older pre-century vision, with contemporary art.

England with its passion for nature and gardening can boast of innovative programmes such as those found at the Yorkshire Sculpture Park
(Peter Boswell is senior curator at the Miami Art Museum)

In Cornwall several sculpture gardens of national significance have been established in the last quarter of a century. The Barbara Hepworth sculpture garden in St Ives.  The Eden Project, the Sculpture gardens at Anthony House and Trewithen. The last two gardens also include water sculptures by nationally respected designers.
We are fortunate to live on the Point and to have not only the opportunity to place sculpture in our gardens and houses but also to benefit from the waterside backgrounds to The Roads, Restronguet Creek.and Restronguet Wier.  (JBC)

Sculptor, Paul Mount. Stainless Steel, Circa 1970

Placed on the lower lawn at Bellevue, with Restronguet Creek in the background.

 

7.6  Proposed undergrounding of services

Cables providing power and communication are essential to our way of living, but since the post‑war development of The Point the number of overhead cables has proliferated. This is seen as a decline in the quality of the environment. It is an aspiration of the FRP to ensure that these cables are laid underground (“undergrounding”). Undergrounding also reduces maintenance costs.

OS map extract showing the positions of the 75 power and telegraph poles (red blocks).

7.6.1  British Telecommunications (BT)

BT provides an overhead service using some 75 poles, some of them redundant or shared with Western Power.

7.6.2  South West Water and Transco

South West Water’s supply is already underground. Transco, supplier of mains gas, does not provide a service. Following a survey initiated by the FRP, Transco sent out 488 letters to the residents in the Restronguet Point and Feock area. For a project to be viable, 136 needed to a show a positive interest but only 91 replies were received and of these only 23 were positive. The project has thus been set aside for the time being but may be resurrected if the costs of trenching could be shared.

7.6.3  Western Power Development

Western Power Development provides an overhead service using the 75 poles shared with BT. The majority of electricity services, however, are already underground. To underground Western Power and BT’s overhead services, pipes and cables (and possibly gas pipes) would be laid in for easy service access. The 75 poles and cables would be removed. At present this project is on hold while possible sources of funding are explored. At 2007, under grounding would cost approximately £200K, or £2500 a property. Properties on the Point are considered to be increasing in value at a rate of about £1000 a week. Refer to 7.6.4.

In April 2007 it was discovered that the underground mains electrical supplies to two properties at the end of The Point were defective in that an effective earth was no longer available. The sheathing to the cables had deteriorated, and was replaced due to old age. The cable was laid in 1955. (JBC)

Extract from a letter addressed to John Crowther from WPD, Redruth office dated 8th February, 2007.

“After studying our records I can identify’ that there are approximately 28 overhead and 36 existing underground services in the vicinity of Restronguet Point making a total of 64 properties. The exact number cannot be confirmed without a very thorough site survey however I trust this will be adequate for your immediate requirements.

The cost of removing all existing Low Voltage Overhead Mains conductor, excavation and reinstatement of the main highway, laying of new Low Voltage underground mains and service cables will cost in the region of £195,000 + vat @ 17.5%. This figure is based on the information currently available and is subject to any necessary way leaves and consents being successfully obtained. The budget quote also assumes that all excavation and reinstatement on individual homeowner’s properly will he their responsibility and provided at no cost to Western Power Distribution. For your information a figure of £80.00 per linear metre for trenching in private gardens would be realistic.

Geoff Gilbert, Redruth East Planner, Western Power Development.

Restronguet Point, Undergrounding.

Present Position, 25.08.09

 

Over the years I have met and been in correspondence with Mr Colin Hicks, Distribution Manager and Mr. Geoffrey Gilbert, Chief planner, Western Power Distribution. Mr Hicks telephoned this morning the twenty-fourth of August 2005, to advise inform me of the present position.

The regulator to all the electricity Distribution companies has made approximately £1M available over the next five years for projects for the undergrounding of mains electrical services.

The projects are driven by The South West Protected Landscape Forum.  Representative,  Carleen Kellerman. Director,  Objective One Partnership for Cornwall & Isles of Scilly, Carleen Kellerman is a member of the Forum.

A suitable site, according to Mr Hicks, should be Iconic, and economic to develop.

The cost of undergrounding would be in the region of £200 a meter.

The next project meeting will be held at the end of this September.

A final report should be prepared by the end of next year, 2010 with a final selection of sites and budgets.

JBC to telephone Mr Hicks, early October 2009.

A sponsor or sponsors are sought to raise approximately £225,000 for the undergrounding project. Undergrounding would cost a little under £3000 a property. Property values are increasing by approximately 10% per annum. (JBC).

7.7  Cornish dry-stone hedges

A main attraction of the Cornish landscape is the pattern of small fields enclosed by hedge banks, usually made of or faced with stone gathered locally. These hedges are our largest semi-natural wildlife habitat. Often with grassy margins and ditches, they provide a variety of conditions which elsewhere occur only in a wide range of different habitats.

There are about thirty thousand miles of hedges in Cornwall today and their development over the centuries is preserved in their structure. The first Cornish hedges enclosed land for cereal crops during the Neolithic Age, four to six thousand years ago. Prehistoric farms were of about five to ten hectares, with fields about a tenth of a hectare for hand cultivation.

Some existing hedges date from the Bronze and Iron Ages, two to four thousand years ago, when Cornwall's traditional landscape patterns became established. Many hedges were built during mediæval field rationalizations; more were built during the [industrial mining] boom of the eighteenth and nineteenth centuries, when heaths and uplands were enclosed.

Cornwall is rich in the number of ancient and historic hedges that remain. These hedges need looking after. Even well‑built hedges suffer from the effects of tree roots, burrowing rabbits, rain, wind, farm animals and people. Eventually the hedge sides lose their batter, bulge outwards and stones fall [out]. Typically, a hedge needs a cycle of repair every century and a half or so, or less often if it is fenced.There is demand for new Cornish hedges. Building new and repairing existing hedges is a skilled craft. There are skilled professional hedgers in Cornwall who are relied on to do a proper job, but there are others who lack [appropriate] training and who are pressured to [produce] substandard work.

(From Course Content at http://www.cornishhedges.co.uk)

 

7.8  Cornish hedges on The Point

A representative selection of traditional Cornish dry-stone hedges to be found on The Point.

The ancient art of Cornish hedging is being destroyed by some modern-day contractors, according to The Guild of Cornish Hedgers because those who have the skills are dying out. The technique that has been passed from father to son for 5,000 years is being ruined by workmen who are not taught the craft properly.

Now the Guild has secured grant funding for 50-day training courses that put the apprentice side by side with the professional hedger.

The Heritage Lottery Fund training scheme is open to anyone who seriously wants to practice the trade. Students link up with professional hedgers.

(Donna Macallister, West Briton, May10 2007).

   (For details of the construction of Cornish Hedges please refer to Appendix 5)

 

7.9  High stone walls with mortar joints

Recently-constructed high stone walls with mortar joints.

The pictures above are shown for comparison with the traditional Cornish hedges shown in §7.8.

Photograph, top right, half of the parking spaces have been removed by the owner and replaced by a traditional verge, paid for by the owner. The works made a considerable improvement to the area.

The appearance of these walls could be improved by the provision of indigenous planting trained to hang over the walls and partially obscure the stone. Similarly, where space is available, indigenous planting could be provided on the grass verge to obscure the non indigenous stone walls with mortar joints.

In the 1800s, traditional Cornish dry‑stone hedges formed the boundaries of the fields and the lane, now the CCC highway, through The Point. The few properties that were built on The Point at that time were contained within high stone walls constructed with mortar joints and traditional copings.

The high boundary walls remain around Porthgwidden, the stables and the kitchen garden, The Old Barn by Harcourt and Laundry Cottage which served the main house. These high walls were presumably constructed to maintain privacy and security to the Estate properties.

Thereafter the majority of properties developed on The Point have inherited and retained the Cornish hedges. As these are only around one metre high, they permit views of the water to be enjoyed from the road on either side of The Point.

Over the last few years several two‑metre high mortared‑boundary stone walls have been constructed on The Point with planning permission. Some also included high, solid gates. High walls may increase a sense of privacy and security, but so may growth on Cornish hedges. There is also the argument that transparency via low walls and open gates can ensure a more secure property. In any case, properties on The Point are also vulnerable from the water.

Walls and hedges along the boundary between private land and the highway are almost all in the ownership of the private landowner. The County Council has no duty to fence the highway and the only observation we are likely to make in respect of high boundary walls is if there is an impact on road safety, e.g. an obstruction to forward visibility where the boundary is on the inside of a bend.
(Peter Tatlow, CCC Divisional Surveyor, October 2005)

Whilst it could be argued that these walls continue the tradition of the high stone walls established in the 1800s, the high stone walls recently constructed surround properties of domestic scale, adjacent to neighbouring houses and the smaller‑scale Cornish dry‑stone hedges. The contrast between these two completely different forms of wall construction can be argued to be incompatible and inappropriate.

One purpose of this Statement is to bring this situation to the attention of the District and Parish Councils, who, although aware of the problem, should take care to check the detail of planning applications before reaching a decision. PPS1 provides planners with the powers to reject inappropriate designs.

At a meeting with FRP representatives on 13th April 2005, Mr Karl Roberts, CDC Head of Development Services, confirmed that only planning applications for five or more properties are submitted to CCC for comment. It is the responsibility of the planning case officer to check the detail of an application carefully. If there is a highway concern, for instance the development of the CCC verge, the application should be submitted to CCC for comment.

There is also real concern that access ways and sight lines to properties are not considered by professionaly qualified engineers. Several recently approved residential properties have access ways that are distinctly dangerous. Before 1973 details were passed to the CCC from the Area for comment by ther CCC Engineers. At present only developments involving more than five properties are considered.

(JBC)

 

7.10  Creeping Suburbia

The Parish Plan for the Feock Parish (which includes, Carnon Downs, Devoran, Point, PenpoI and Foock) is now complete. (Refer to 1.6, October, 2007). The edited extract summarises the key findings and subsequent actions that should he taken to deal with the issues that residents have raised.

Residents from all the settlements within the parish area value the existing character and setting of their local villages. Important issues include the rural situation, outlook, special character and ‘feel’ of the local villages and having a clean, peaceful and safe local environment. The landscapes around the villages, the open spaces and the farmland within them and the quays and creeks were also considered of key importance along with the grass verges, the lanes and hedgerows, trees and the local wildlife. All contribute to the quality of life in the parish area.

Actions to be taken include:

• The retention of spaces and hedgerows.
• The retention of the existing landscape character and distinctiveness of the area.
• Appropriate design.

Over the last half century and more recently over the last ten years. substantial housing development has taken place on The Point, almost to saturation level. A situation of “creeping suburbia” is occurring, as evidenced by the construction of concrete precast coloured paviours to the CCC crossovers and dwarf stone retaining walls to the CCC verges.

By October 2007 five CCC crossovers to the CCC highway have been paved with non indigenous concrete or brick paviours.  One with a lay bye for several vehicles constructed over the former grass verge and one with dwarf non indigenous stone edging to the former grass verge to the full width of the property. It is now reassuring to know that in accordance with the recently published Feock Parish Plan, the FPC will bring pressure to bear on the CDC to reinstate the grass verges. Once the Unitary Authority has been established it should be much simpler and more efficient to achieve a successful result.

The construction of high, mortar pointed stone walls with full‑height hardwood solid gates. The traditional appearance of the country lane has been lost and there is a proliferation of services poles, several of which are redundant.

Planning applications for new houses are accompanied by reports prepared by the architect. For larger houses applications are also accompanied by reports by a planning consultant, a chartered surveyor, a landscape architect and a quantity surveyor. Examples of building details are “cherry picked”, photographed and included within the report as examples of current accepted detailing. The Planning Authority does not have the consultant staff in house or the financial resources to fight a major planning refusal on appeal. The application is usually allowed.

The Carrick District Senior Development Officer will not refer a single house design to the Council Design Review Panel consisting of two senior private architects acting in an honorary capacity. I consider that the councillors on the Planning committee should participate more in the process rather than delegate decisions to the Chair and Vice Chair. 

(JBC May 2007)

7.11 Verges

English Nature supports the potential increase of biodiversity value of roadside verges by gradual selective removal of exotic invasive plants, and replanting of native species. The biodiversity value of the area could however be increased through the planting of native trees, shrubs and herbaceous plant species, commonly found within the Fal Estuary. This could be achieved in a number of ways:

• Encourage a higher proportion of native species in future planting schemes, within the road corridor and along the boundaries of private property with the cooperation of the landowner.
• Selective removal of invasive exotic plants and replacement with native species over a number of years.
• Replacement of existing vegetation with locally native species, e.g. in traditional native Cornish hedges. (Cornish hedges are one of the most distinctive features of the Cornish landscape. They also have very high biodiversity and amenity value.)

A combination of the above could also be adopted if appropriate in selected areas.
(Andrew Goodman, CCC County Ecologist, June 2005)

Generally, grass verges adjoining the carriageway of a public highway are deemed to form part of the public highway. If the carriageway is considered to be maintainable at public expense, it is also likely that the verges would also be considered to be maintainable at public expense.

Unless the highway authority purchased the land over which the highway runs, including grass verges, the authority would not be the freehold owner of the land. However, if the highway is maintainable at the public expense, as much of the land as is required for highway purposes would vest in the highway authority.

Please note that the above information is of a general nature only and should not be applied to any specific case, as the determination of each case depends on the particular circumstances relating to that case.
(Email to JC from Nigel Vaughan, CCC Department of Planning, Transport and Estates, 23 May 2006)

The CCC road is generally determined to extend from foot of hedge to foot of hedge, i.e. including verges when present. The ownership of the ground beneath the highway may rest with the adjoining landowners, but the Highway Authority has a duty to protect and assert the rights of the public. The verge could be expected to serve as a pedestrian refuge (when it is available) but not necessarily to provide a continuous walking route.

If adjacent landowners or others, e.g. a local council, wish to plant or carry out other activities on the highway verge, the normal way in which this is undertaken is by application to the authority for a licence. Issues which would be considered for such an application would include the proposal, the class of road, the speed limit, likely traffic flow, visibility and the competence of those intending to carry out the work.
(James Macfarlane, CCC Vegetation Adviser)

Linear features are certainly important for biodiversity, both in their own right and as linkages to enable wildlife to travel between adjacent areas. However, linear features are not included within the EC Habitats Directive or the Conservation (Natural Habitats &c) Regulations in their own right.
(Roger Covey, Maritime Conservation Officer, English Nature)

Reference is made to the importance of linear features for biodiversity which would imply the encouragement of native species, but this may need to be seen in the light of the current state of the area with considerable established plantings of exotic species.
(James Macfarlane, CCC Vegetation Adviser)

In general terms, the County Council as highway authority will only maintain the highway verges to an appropriate safety standard. In practical terms, this will be periodic cutting of grass, with more frequent trimming in visibility splays. We rarely get involved in amenity planting and the actions ... identified for removal of invasive species on The Point would probably require the majority of the work to be done at Iocal level.

The area has been substantially modified and is largely one where exotic planting prevails. There should be an understanding that if a return to more typical native vegetation is desired by all, such planting will (to achieve its maximum potential from an ecological point of view) have phases where it may appear untidy. Shading and sheltering may limit the use of some of the fescues which are frequently found near the coast.
(James Macfarlane, CCC Vegetation Adviser)

Mr Richard Fish, CCC Director of Planning, Transportation and Estates, has confirmed that CCC usually only provides advice to CDC as regards developments involving five or more properties. Planning control as regards highway verges remains with CDC. (Letter to JBC, 21 April 2007.

7.11.1 Tarmacadam crossovers, non-indigenous paving and kerb stone walls on the verges

 

A traditional grass verge with a tarmaccadam crossover.

Stoneybrooke

Before

 

After

The verge to Stoneybrooke is within the ownership of the Cornwall County council. On the completion of the building contract the temporary contractors parking spaces adjacent the carriageway were retained by the owner and converted to permanent parking spaces on the CCC verge. These spaces did not have the benefit of a planning permission. Following protracted neighbourly negotiations over several years by the the Friends of Restronguet Point with the owners and the CCC, half the length of the verge has been reinstated by the owner.

Responsibilities of residents.

If adjacent landowners or others, e.g. a local council, wish to plant or carry out "other activities" on the highway verge, the normal way in which this is undertaken is by application to the authority for a licence. Issues which would be considered for such an application would include the proposal, the class of road, the speed limit, likely traffic flow, visibility and the competence of those intending to carry out the work.
(James Macfarlane, CCC Vegetation Adviser)

The "other activities" on the verge include,

Planting,

The paving of crossovers beyond the boundry of a property, usually fashion,

The construction of stone retaining walls,usually practical,

The construction of stone or conrete kerbs, usually fashion,

The construction of dwarf stone walls,usually fashion,

The laying of individual stones to prevent unauthorised parking, usually practical.

(JBC, November 2007).

 

 

 

 

 

7.12 Recent cleaning out of Cornish Hedges together with the construction of new dry stone walls

Tremanor.

The construction of a new dry granite stone wall to the right of the entrance to match the wall on the left. The wall was constructed  personally by the owner.

Carrick House

Why Garden for Wildlife

There are many good reasons to garden for wildlife.

You will:
• attract more birds, butterflies and other fascinating creatures.
• add extra interest and pleasure to your surroundings.
• help wildlife to survive in your garden — when it often struggles to thrive elsewhere.
You might also save yourself some hard work and money!

But also the way you garden affects the environment beyond your boundaries. For example, water shortages are serious problems for people and birds, and the wildlife garden can be used to conserve water, rather than pumping water in through a hose pipe. Avoiding the use of peat helps ensure the survival of a rare national habitat. And rather than carting off unwanted garden waste to landfill sites, the garden can be used as a natural recycling site.
A wildlife garden doesn’t have to be an overgrown, unkempt garden - far from it. Nor does it have to be large — a great wildlife garden can even be created in a window box. What wildlife gardening does do, however, is give you a different perspective; no longer do you garden just for the way things look, you also enjoy things for their wildlife value. Things that you might otherwise have regarded as weeds may now be tolerated because they are the food plant for a butterfly’s caterpillars or their seeds are favoured by birds. Wildlife Gardening:

The Basics
All the rules of wildlife gardening can be summarized in two bits of advice to bring the biggest range of wildlife Into your garden.
1. Your house and garden obliterates a piece of landscape that would once have been wild countryside. This countryside would have had Its own natural vegetation and wildlife, adapted to the soil, climate and location. Much, of this natural wildlife, wilt still survive in pockets of habitat somewhere near where you live, so the closer you can mimic the natural habitats that would once have existed, the more wildlife there Is ready to easily move in.
2. All living things occupy a ‘niche’, which is the set of environmental conditions: for example, some living things live in water, some where it is dry. But niches can be very precise indeed: of those creatures that live in water, some live- lit shallow-water, some live lit deep some live in shallow water, some in sunny; some live in nutrient rich waters, some in nutrient poor. The more variety you can create in your garden, the more creatures you will attract as you will be creating lots of ‘niches’.
The skill is then in design your natural mosaic so that you have an attractive and workable garden. It Is likely that you will not be managing your whole garden exclusively for wildlife: your garden is probably as much a place for you to relax or a place for your kids to play, you may want to grow some exotic plants, or you may be using your garden to grow vegetables. That is where your skill as a, gardener will come to the fore.
www.gardenadvice.co.uk

(Information supplied by RSPB, Garden Advice, August 2002).

 

Bellevue

Several trees on the verge have been felled, the Cornish hedge cleaned out and the CCC grass verge restored. It is recommended that trees growing out of a hedge are controlled to avoid damage to a dry stone hedge. A  Truro Rural District Council hedge marker, marking the fire hydrant was uncovered. The CCC sign “Turning Only, No Parking” has been fully revealed, and should reduce the number of illegally parked cars and prosecutions. (JBC)

7.13  Gates and entrances.

A gate is the first contact of a visitor to a house. It is intended to provide a welcome and, by a simple open design, an invitation to enter. It is preferable for a gate to be low or of open construction, to remain open and to show the name of the house. Several recently constructed gates are high, of solid construction and usually closed.

At the time that I set up in Practice as an architect, the then Cornwall County Council  Highways Department set strict rules regarding the provision of sight lines to entrances to private properties. The entance or gate to the property needed to be set back from the highway edge by 7.7 feet, (an average length of a car), with a sight line of 15 feet on each side. In recent years under the control of the former District Council planning departments these requirements have been generally abandoned. Several newly constructed entrances are considered to be dangerous. (JBC, 14.08.09).

 

 

7.14  House signs

 

 

In addition to GPS, a house numbering system would enable the medical and emergency services to locate a property quickly. Although numbering may well prove unpopular, house names would be retained.

House signs can be designed and cut by a lettering sculptor into hardwood, local Cornish stone, slate, granite or other suitable materials. They may also be designed by a graphic designer or a calligrapher to be cut by a stonemason or, more commonly, machine‑cut from a profile. Hand‑cut is preferable to machine‑cut lettering, which, although cost‑effective, lacks character. House signs can be produced using a wide range of materials.(JC)

It is suggested by the FRP that house names, particularly those with a Cornish derivation, be retained. (WL, August 2005)

7.15  External colours

Traditionally, external concrete block walls of houses were lime washed or rendered and painted white to reduce rain penetration. White is still accepted as the most suitable colour, applied either as a paint, render or maintenance free marble chip.  A white textured small marble chipping finish obscures shrinkage cracks in concrete block construction and has been specified for several major award winning buildings in the county. If fascias and windows are of timber then the most appropriate long lasting preservative would not be oil based paint but white or black wood stain. Maintenance costs are then substantially reduced. (JBC)

 

7.16  Motor vehicles, speed limits, sight lines and parking

A thirty mile an hour speed limit has been introduced on The Point which has had some effect on slowing down traffic.

Several entrances to recently approved new houses are not provided with adequate sight lines. It is the responsibility of the planning authority’s case officer to ensure that a property’s access design is safe and, within acceptable standards and provides visibility for drivers of vehicles entering and emerging from other properties. Unfortunately, the CCC Highways Authority is only consulted by the planning case officer for applications in excess of five properties.  (JBC)

There is limited provision for public car parking for local residents and tourists. It is suggested that in order to reduce traffic congestion residents park their cars within their property and not on the highway or in the public car parking areas.  (JBC)

There is no right to park on a highway. Whether action would be taken in the case of parked vehicles would depend on whether the police considered there was undue obstruction of the public. (CCC)

The CCC road is generally determined to extend from foot of hedge to foot of hedge, i.e. including verges when present. The ownership of the ground beneath the highway may rest with the adjoining landowners, but the Highway Authority has a duty to protect and assert the rights of the public. The verge could be expected to serve as a pedestrian refuge (when it is available) but not necessarily to provide a continuous walking route.

If adjacent landowners or others, e.g. a local council, wish to plant or carry out other activities on the highway verge, the normal way in which this is undertaken is by application to the authority for a licence. Issues which would be considered for such an application would include the proposal, the class of road, the speed limit, likely traffic flow, visibility and the competence of those intending to carry out the work.
(James Macfarlane, CCC Vegetation Adviser)

The local highway authority has a duty to maintain publicly maintainable highways to a standard commensurate with their use. The criteria used for the consideration of maintenance requirements will include the maintenance of safety for the public exercising their right to use the route.
(CCC)

Speed Limits

Last updated: 18/08/2009 

Cornwall Council has a speed management strategy that promotes appropriate speed for the circumstances. 

Applying a speed limit to an inappropriate area can result in flagrant disregard by drivers. This can have the knock-on effect of increasing accidents and speeding up some drivers. More significantly it devalues the effectiveness of limits in general, which would ultimately be counter-productive.

Low speed limits are not effective when applied to stretches of open road in rural locations. Such limits are usually applied only in villages or towns where the consistent built-up area presents a series of potential hazards that require a general speed restriction. The need for this can be easily appreciated by drivers, which engenders respect for the limit.

(Cornwall Council website, 21.08.09)

Speed limit signs

Signs have to be erected where there is a change in speed limit. If the national speed limit applies and the road changes between dual and single carriageway the speed limit change does not have to be signed.

(Cornwall Council website, 21.08.09)

30 mph limit

Restricted roads and their associated 30 mph speed limits are established by the presence of a “system of lighting furnished by means of lamps placed not more than 200 yards apart” (s81 and 82 of the Road Traffic Regulations Act 1984). If such lighting were removed, a new Traffic Regulation Order would be required to sustain the 30 mph limit on that road. Repeaters cannot be used where the speed is 30mph and there is a system of street lighting in place.

(Cornwall Council website, 21.08.09)

20 mph limit

As far as possible, speed restrictions need to be self-enforcing. In the case of a 20mph limit, this would need to be accompanied by extensive traffic calming measures. Most of the 20mph limits in the county are in the vicinity of schools as these are priority areas.
(Peter Tatlow, CCC Divisional Surveyor, October 2005)

Sight Lines

At the time that I set up in Practice as an architect, the then Cornwall County Council  Highways Department set strict rules regarding the provision of sight lines to entrances to private properties. The entance or gate to the property needed to be set back from the highway edge by 7.5 feet, (an average length of a car), with a sight line of 15 feet on each side. In recent years under the control of the former District Council planning departments these requirements have been generally abandoned. Several newly constructed entrances are considered to be dangerous. (JBC, 14.08.09).

 7.17  Light pollution (“Night blight”)

The Campaign to Protect Rural England [CPRE] is mounting a major new campaign on “Night blight”. New satellite pictures have shown the extent to which light pollution has impacted on the country ... Since 1993 we have seen a steady deterioration in the visibility of the night sky. Areas around major towns and cities have become increasingly light and in areas of high tranquillity ... large areas of countryside lose their dark skies.
(http://www.cprewm.org.uk/nightblight.html)

The cumulative effect of all types of light, many of which extend their influence over considerable distances, is now affecting not only those who live in urban or semi-urban areas but increasingly those who consider they live in the depths of rural England.
(http://www.cpreherefordshire.org.uk/site/documents/NightBlightReport.pdf ).

If not properly controlled, obtrusive light (commonly referred to as light pollution) can present serious physiological and ecological problems. Light pollution, whether it keeps someone awake through a bedroom window or impedes a view of the night sky, is a form of pollution and could be substantially reduced without detriment to its task. Sky glow, the brightening of the night sky above our towns and cities; Glare, the uncomfortable brightness of a light source when viewed against a dark background; and Light trespass, the spilling of light beyond the boundary of the property on which the light source is located, are all forms of obtrusive light.

The inappropriate use of floodlights on residential properties on the shoreline to Carrick Roads and Restronguet Creek has already caused a safety hazard to boat owners. (HF, May 2005)

Some guidance notes are provided by The Institution of Lighting Engineers for the reduction of light pollution. (For detailed information refer to Appendix 6)

 

7.18  Public rights of way

There is a bridleway/footpath, known as Bridleway/Footpath Number 46 in the Parish of Feock, which starts at Harcourt, winds through Trolver Croft and ends at Trevallion Vean. (CCC, March 2005)

Mrs Cyril Harber of Carlys recalls walking in the late 1970s from the end of The Point and along the south‑east footpath by the foreshore to Loe Beach. Mrs Jenny Pelmore of The Clockhouse recalls walking from Porthgwidden along the footpath to The Boathouse, at that time owned by Mr Jeremy Fry.

Tom Rouncefield, the secretary of the FRP has established from the 1907 OS map that the footpath to the rear of the Bellevue boundary wall, originally ran from the Pit at the end of the Point around the land adjacent to the water, by about half a mile, to Laundry Cottage,  and then landward to the rear away from the water to the Porthgwidden Estate.

(John Crowther 11.07.09)

 

Rights of way were removed when the opportunity to register these paths was not taken up in the early 1970s. These paths had already been intruded upon by private development.

7.19  Private access to the water

Feock Parish Council has confirmed that all applications for slipways are considered on merit.

The National Trust would argue that for landscape and marine habitat conservation reasons there should be a presumption against any development of land between high and low tide levels.

(Phil Dyke, Property Manager, NT Fal and Mid‑Cornwall Office)
Private access to the water is an emotive subject. English Nature has serious concerns regarding the cumulative piecemeal loss of natural habitat as a result of the construction of numerous concrete slipways and jetties. However, we also recognise the value of encouraging access to the water, so that the environment can be appreciated and valued. By and large, English Nature would advise against private slipways and jetties, but would support appropriate provision of public facilities. The reason being that a single slipway, used by a large number of people, has less impact than each person constructing a private slipway. Where a private slipway or jetty is still required, it should be constructed using a piled and decked construction methodology, rather than mass concrete. This leaves natural habitats undisturbed beneath the structure, and also – a key part of sustainability – allows the structure to be removed and re-used when it is no longer required. A good example of this form of construction has recently completed by a resident of [T]he Point, where it replaced a derelict concrete slip with a low-lying piled slipway.
(Roger Covey, Maritime Conservation Officer, English Nature)

7.19.1. Broadwater, retention of steps and replacement steps and new tidal access with landing stage.

The site, is a narrow strip of land falling towards and giving access to the foreshore above Mean High Water

Adjacent properties enjoy the benefit of steps cut into the bank, framed access structures founded in the foreshore below Mean High water, landing stages, pontoons, slipways, boathouses. Rising ground above and behind the site below Broadwater is partially treed and provides a green backdrop when viewed from the Creek.

None of the work rises above ground level, except for part of the landing stage which projects beyond the original profile of the bank above the foreshore.

The slope of the whole site exposed to view by the removal of trees on the recommendation of the CDC. The proposal is to re-plant two Sesi Oaks one each side of the lower steps and to plant and landscape with plants and wild flowers in species already occurring on the adjoining land, to re-establish the landscape setting on the lower section above the foreshore These include bramble, foxglove, ox-eye daisy, ground ivy, wild grasses, and crocosmia montbretia.

The work has entailed a landscape gardening exercise to the entire site, involving alteration to the whole of the ground surface, has necessarily affected the appearance on a temporary basis until re-grassed and planted.

The steps are at or below the original ground level with no hard features, rising above the original site surface (except for the short cantilever of the lower platform).

The materials used are typical to the locality including dry laid and mortar pointed hedging stone, gravel, timber, and concrete, and work has been executed to a high standard, all of which will weather to earth colour and tone over time.

The completed proposal will establish an appropriate landscape setting for the lower slope, which will include over-planting and ground cover to soften the form of the new work above the foreshore. Brambles, ground ivy, wild flowers and grasses will mask most of the stepped cutting down to the landing stage, and the landing stage itself will be enhanced with the addition of timber post and ladder details.

(Chris Hendra, Chartered Architect, CAD Architects Limited, Penryn).

This is a prime example of how an experienced award winning architect can add design value to what might have been simply a flight of steps cut into the bank.

(John Crowther).

7.20  Registration of fundus and foreshore ownership

Residents with claims to ownership of fundus (area not uncovered at low tide) and/or foreshore (area between high and low tide) have been requested by the Land Registry to register such claims. This has resulted from the attempt by Carrick District Council to register these areas in their ownership, presumably with the intent to further control moorings and slipways.

Enquiries regarding the eastern side of The Point (facing the Carrick Roads) suggest that Carrick District Council may have a valid title. Research into the history of Restronguet Creek regarding the western side of The Point has provided evidence that the only legitimate claim that the Carrick District Council may have in Restronguet Creek is the fundus at the mouth of the creek.
(Anthony Dyson, Restronguet Creek Newsletter, 2004)

7.21 Planting from an ecological and landscape character perspective

The Cornwall Landscape Character Assessment (1994) identifies [The] Point within Character Area 7b, the Fal Ria. The assessment identifies “...patches of blackthorn, gorse and bracken all providing seasonal colour changes and important [wildlife] habitat”. In biodiversity terms native shrubs and trees provide food and nesting habitat for a variety of wild birds and an important early nectar source for butterflies and other insects. In this respect the native thorny shrubs found on the Point are more characteristic and important in landscape and ecological terms than formal non-native planting. This warrants the retention of such features on the Point.
(Andrew Goodman, CCC County Ecologist, April 2005)

English Nature would support the planned retention of native thorny shrubs at the end of [T]he Point. They would not support the wholesale removal of these shrubs, but would agree that cutting back to control their growth should be done outside the bird nesting season.

(Roger Covey, English Nature)

In late June 2005 the native thorny shrubs were cut back substantially on the instructions of Feock Parish Council. Unfortunately this was within the bird nesting season. Several small trees were also removed.
The photograph above left show the clearing; the photograph above shows a section of the boat storage area below the cleared area, partly within the ownership of Seaways. (JBC)

7.22 Derek Reed, Chair, Friends of Restronguet Point

Opinion.
I have been asked to give an opinion on whether it is unlawful for mechanically propelled vehicles to be driven over public footpaths. This opinion is given on the basis that it is given on the understanding that I am a retired barrister and not practising and that I provide it (without consideration) from my general knowledge and understanding of the law. The issue giving rise to concern arises from the driving of vehicles along the footpath at the end of Restronguet Point, Feock, Cornwall.

The facts of this matter are as follows.
The short footpath runs from the southern end of the vehicle highway down to the Carrick Roads over land registered as common land by Feock Parish Council under the commons Registration Act 1965. (Registration reference CLIO5, dated 1.10.1970).  This land is considered to be of valuable recreational amenity, firstly because of the outstanding views it commands over the Carrick Roads and areas of designated Outstanding Natural Beauty and secondly, because it provides easy public access to boats moored in the adjacent waters The land is maintained by Feock Parish Council.

The footpath is an officially designated public footpath. (Reference: Path No.54. Cornwall County Council Modification Order dated 20.05.2005.) The central part of the narrow path is well maintained with a tarmacadam surface.  However it passes very close to a garden gate of an adjacent house on its western side. Unfortunately mechanically driven vehicles have been using the footpath and are considered to be a nuisance and a danger to pedestrians and cause damage to the edges of the path. The damage is clearly illustrated by the attached photographs. Evidential details of this photography can be produced if necessary.

The Law.
It is of long standing that of “rights of way” and "highways”, a footpath is a way over which the right of way is on foot only. More recently, Section 48, Countryside & Rights of Way Act 2000 redefines public rights of way as “restricted byways” and again provides that a footpath is a right of way on foot only. Restricted byways are publicly maintainable (S,49 C& RWA 2000).

The Road traffic Act 1988, Section 34 provided that it is a criminal offence to drive a mechanically propelled vehicle over a footpath without lawful authority. Lawful authority would normally be given by the owner of the land and in this case would need to be given by Feock Parish Council. In addition the use of mechanically propelled vehicles on a footpath may also constitute the common law criminal offence of public nuisance in certain circumstances including the churning up of the path. Section 34  R.T A. was amended by the Natural Environment and Rural  Communities Act 2006 providing that the onus is on the person charged under S34 to prove that there are public vehicle rights of way over a way recorded as a footpath. It should he noted that long usage cannot clothe a criminal act with legality.  Thus as the criminal law provision was first enacted under the Road Traffic Act 1930 a way which existed then or has been created since then can not give rise to the acquisition of vehicular rights. Only if could he shown that there were mechanically propelled vehicular rights for at east 20 years before the operation of the l930 Act could vehicular rights be established and used as a defence.

Outside of the criminal law the law has recently been substantially changed.  The “old” law in. respect of public rights of way followed the Roman law. This was lawful public usage of a way under the principle of presumed dedication. This arose after the way had been used for 20 years without question i.e. nec  vi (without force), nec clam (without secrecy) and nec  precario (without permission). Now the Natural Environment and Rural Communities Act 2006, Section 67 provides
“(1) An existing public right of way for mechanically propelled vehicles is
extinguished if it is over a way which, immediately before commencement (of the Act) -
(a) was not shown in a definitive map and statement, or
(b) was shown in a definitive map and statement only as a footpath bridleway or restricted byway."

The path at Restronguet Point is shown in the definitive map as a footpath only. Note that there are exceptions under Section 67 but none of these apply to the particular circumstances or to presumed dedicated rights. It therefore follows that if there were any rights at all for vehicular access over the path they have been extinguished with effect from 02.05.2006. (Statutory Instrument, 2006/1176.) Furthermore Section 66 of the Act provides that no public right of way for mechanically propelled vehicles is (or can he) created after commencement (of the Act) unless it is created by enactment or instrument expressly providing right of way for such vehicles.

In reviewing the law it is my opinion that any vehicular rights over the footpath at Restronguet Point, if they have been given or presumed, are extinguished with effect from May 2006 and are now unlawful.  In addition it follows that since any lawful authority no longer prevails it is a criminal offence to drive a vehicle over the footpath.
Derek Reed 12.01.2007.

Note I.  Under Section 84, Countywide and Rights of Way Act 2000 a local planning authority is empowered to take all such action as appears to them expedient for conserving the natural beauty of an Area of Outstanding Natural Beauty.
Note 2. It legal action is considered by any person this opinion should be used in conjunction with legal advice from a solicitor.

DSR/I3/01/2007.
The Friends are grateful to the Chairman of the FRP, Derek Reed for preparing the opinion.

7.23 Parking problems on The Point

Parking on The Point is probably the major issue for residents and fishermen alike.

Parking problems have persisted for almost three and a half years.    

• In order to alleviate the present shortage of parking spaces, residents or their visitors should whenever possible park their vehicles within the boundary of their properties. When building works are carried out, the building owner should also whenever possible provide parking spaces for contractors and sub contractors within the boundary of their property or within the car parks. It is recommended that contractors and sub contractors park in designated car parks or off the highway and not obstruct the  highway. Obstruction is an offence..
  
  
• Fishermen, residents from The Point and visitors to The Point find it increasingly difficult to find space to park their cars, sometimes with trailers when visiting the end of The Point to tend their dinghies parked adjacent to Marble Head Cottage and the saw pit. The fishermen have enjoyed the right of access to Marble Head Quay since fishing in the area began. However now that the footpath has been officially designated a public footpath the situation has changed. Refer to section 7.22. The former rights of the fishermen are prejudiced.

• Earlier, in 2007, the Carrick District Council formally complained to the police that the CDC refuse vehicle driver had no alternative but to back his vehicle either up or down the highway at a danger to the public. The police took note and discussed the problem with the residents of Kelvin and Bellevue.
  
  
• Before the 1960s the fishermen enjoyed the use of the footpath from Marble Head Quay to Marble Head, where some of the fishermen kept their boats. That footpath was closed when the land was taken in by the then owner of Seaways in the 1960s. The footpath around the Point was taken into the private gardens in the 1950s.
  
  
• The Cornwall County Council Highway sign at the end of The Point, “NO PARKING, Turning space only”, does not assist the fishermen in carrying on their long standing fishing business practices. In the spring of 2007 the police issued one of the fishermen with a parking ticket as he was in breach of the law. It seems that it is unreasonable for the fishermen to be expected to work efficiently under the present conditions. The fishermen and the residents are being inconvenienced.

It would appear reasonable for the CCC working with the Carrick DC and the Feock PC, to design a public car parking layout to suit the fishermen, visitors to The Point, the residents, their friends and dingy owners. It is accepted that at the time of writing financial resourses are strained to the limit and such a project will inevitably take a low priority. The spaces would be in addition to the current spaces.The implimentation of such a plan might well significantly reduce obstruction to the footpath and the highway adjacent to the adjoining residential properties, Marble Head Cottage, Seaways and Kelvin.

The parking space to the right of the gate to Kelvin was developed on the common land without permission from the Parish Council. A generous offer has been made by the owner of Kelvin to pay for the removal of the parking space and to make good the common land together with a very small extension to the CCC verge. The owner has offered to pay for Hawthorn to be planted on the common land to protect the land after it has been made good. It is suggested by the owner that a sturdy post be erected on the boundary of the common land and the CCC highway. This proposal would also avoid further damage to the gates to Kelvin caused by turning vehicles.

Parking in the area will at times continue to be a problem because of the narrowness of the road. Nevertheless, changes can be made without significant cost to the community and at the same time provide a positive solution.

Refer to the Opinion, prepared by Chairman Derek Reed, 7.28.

(John Crowther, May 2007)

 

7.24 An Interpretation Board proposed at the end of the Point

In the early stages of the writing of the VDS, now the DS, Martin Woodley, Senior Planning Officer, CDC, suggested that a should sign be provided adjacent to the seat donated by the Restronguet Creek Society at the end of the Point, to set out the history of the saw pit. Later, Wendy Letcher also proposed that a sign be erected and more recently Tom Rouncefield suggested that the text and photographs should refer not only to the saw pit but also to the history of the area viewed from the seat. Also reference to the former ferry crossing to The Pandora Inn which in earlier times was the main route from Truro to Falmouth.

Nicholas Johnson, Historic Environment Manager, CCC arranged for Mike Tippett, Studio Manager, Communications Unit, CCC, to advise, on production methods, materials and costs . The following matters were agreed at a meeting on the first of August between Mr Michael Tippett, Tom Rouncefield and John Crowther.

The FRP to prepare draft text under the following headings for consideration by the CCC. The text to be supplemented by the CCC.

• The Pandora Inn
• A World Heritage Site, 2006
• Alluvial tin mining at Carnon Mine.
• Barges
• Boat building below Harcourt
• Deep Anchorage for 30 schooners
• Derivation of the name “Restronguet”
• Location Map
• Pollution: the Wheal Jane incident
• Restronguet Passage
• Rowing races
• The Ferry
• The pit
• Wheal Jane accident

                                                                                                         

Responsibilities

1. The location map will be drawn by the CCC unit.

2. The design will include a minimum number of photographs but will only include illustrations of historical relevance. Maybe the Pandora and the Saw Pit.

3. The weeds and high grass around the pit will need to be cleared and the rail checked under the safety regulations.

4. The design will include the logo of the FRP and The Restronguet Creek Society and brief contact details.

5. Planning Permission may be required from the CDC and permission from the Feock PC as the land owner.

6. Programme.

Content and Design and approvals. 3 months from the date of instructions..

Production, 2 months.

It is anticipated that in due course when final costs are established The Feock Parish Council and the Restronguet Creek Society will financially support the proposal. The Friends are grateful for their support. (JBC).

The proposed location of the the sign to be adjacent to the seat provided by The Restronguet Creek Society and was agreed facing towards  Point .

A sponsor or sponsors are to be sought to raise approximately £1500 towards the remaining outstanding costs of the sign which is estimated by the CCC to cost approximately £2000.

More recently there has been a change in the plans for the sign. The content will be reduced to concentrate on the history of the ferry. Mr Tom Rouncefield will coordinate the content, size, and design of the sign with the assistance of members of the committee.

 (JBC, May 2009).

7.25 Stone features at the end of The Point

Steps to the foreshore at Marble Head (left) and the new dry-stone wall to Kelvin.

The new dry-stone boundary wall to Kelvin, designed by landscape architect Sue Pring, replicates the wall to the foreshore both as to construction and appearance.

7.26 The pit

The pit at the end of The Point has by many been accepted by many as a former saw pit. However the use of the pit has recently been questioned by Tom Rouncefield the secretary of the FRP, an historian.

I (JBC) referred the matter to Nicholas Johnson, Historic Environment Manager of The Historic Environment Service. The service is registered as an Archaeological Organisation with the Institute of Field Archaeologists.

He comments as follows, "Unfortunately we do not have any information about the saw pit at the end of the point. I must admit I have always been puzzled about this as it seems such a strange place to have one. The 2nd edition of the OS map(c 1907) marks a building at this location (more or less) and I wonder whether this may be a boat house with a half tide slip. However it is narrow. The known sawpit at Roundwood quay is much more convincing as it is on level ground and has the right dimensions. Saw pits need flat ground around all four sides otherwise you cannot support the logs. I imagine that the only reason why one would need a sawpit is for shipbuilding and as far as I know there is no tradition of that on the Point. I imagine that only a visit to the Record Office may help".

 

The pit is an historical artefact. It should be preserved and made a feature accessible by the addition of a simple safety rail. (JBC)

The seat near the steps to the shore was donated by the Restronguet Creek Society in 1984. (JBC)

(John Crowther, December, 2008).

7.27  The end of The Point (“Marble Head”).

The tip of Restronguet Point, with its magnificent views across to Restronguet Weir, the Pandora Inn and Restronguet Creek, should be a climax to this part of the Cornwall AONB. There are opportunities to provide an amenity area of high landscape value and natural beauty by improving the CCC pathway and the land adjacent to the boat storage area. The approach to The Point from the water should also then become more attractive and accessible. (JBC).

7.28 Water taxi

During the summer months a water taxi operates within the navigable seaboard of the estuary and under suitable conditions will call at a designated landing on The Point. (JBC).

7.29 Arial Photograph of the end of The Point

Skytrack Aviation Limited, April 2007.

For further information refer to;

3.2 Maps from CDC Community Planning Local Plans Team
3.4 Photographs of The Point since 1900
4.3 Restronguet Passage and the Pandora Inn
7.22 Opinion, footpath at the end of The Point
7.23 Parking problems on The Point
7.24 A sign to be provided at the end of The Point 
7.25 Stone features at the end of The Point
7.26 The pit
7.27 The end of The Point, and location of the proposed sign
7.28 Water taxi

7.30 The new letterbox and proposed bus shelter at Harcourt

Sketch  Plan, not to scale. The proposed site of the shelter

Formerly the only letterbox on The Point was to be found at the turning to Harcourt, recessed within the wall next to the telephone kiosk. It did not accept envelopes larger than C5. Following a request from FRP, Royal Mail has now installed a new letterbox on a metal pedestal adjacent to the telephone kiosk.
The installation of the new letterbox provides an opportunity to reorganise the signs and notice boards beside the box.

It is also felt that a bus shelter at Harcourt would benefit those members of the public who are unable or choose not to drive. The suggested location is on the verge to the south of the turning space opposite and away from Little Harcourt. The granite bus shelter with Delabole slate roof at the junction of the roads to The Point and Feock was donated by Mr and Mrs Holman, formerly of Porthgwidden . (JBC).

7.31 A walk from Trelissick

It has been suggested that a walk is established from the National Trust property Trelissick to The Point. This could provide an opportunity to raise public awareness of the unsightliness of the service poles on The Point and motivate the service companies to remove them.

The introduction of a simple interpretation board referring to Marble Head, Marble Head Quay, the saw pit and the ferry could complement the suggested walk from Trelissick. (Martin Woodley, Local Plans Team, CDC Community Planning Department)

With funding from Objective One, the walk could also become part of an    extensive circular walk in association with the NT and the Fal River Links Partnership.

7.32 Helicopter activities and private landing sites

The CAA’s concern will be whether [a] site can be used safely and in accordance with the applicable safety rules. In particular, if the landing site is within a congested area, the helicopter operator is responsible for applying to the CAA for permission to fly over the area below 1000 feet. In other respects, the establishment of a helicopter take-off and landing site is a matter of agreement between the landowner and pilot concerned in conjunction with the local planning authority. The CAA is not in a position to comment authoritatively on planning matters and any queries should be raised with the local planning authority. However, the Planning Division of the Department for Transport gives the following general guidance in respect of planning law applicable in England.

Part 4 of the Town and Country Planning (General Permitted Development) Order 1995 does grant a general planning permission for the temporary use of land for up to 28 days in any calendar year, subject to a number of restrictions and conditions, such as whether the land in question is a building or is within the curtilage of a building.  Under the Temporary Use provision, a local planning authority would not be required to assess an application for planning permission.

In England and Wales it is ultimately for the local planning authority to consider if a change of use has occurred and if an application for planning permission is consequently required. Thus, contact with the local planning authority is strongly recommended if in any doubt as to whether planning permission is required in an individual case.

In general terms, whether a planning application is needed in any particular case will depend on whether there has been any material change of land use. Helicopter take-offs and landings in gardens of private houses and at commercial premises may often be ancillary or incidental to the principal use of the land and, as such, may not be seen as development requiring a separate planning permission.

However, the construction of a hard standing helipad or any incidental development facilitating helicopter movements, such as the installation of landing lights, may be regarded as development requiring planning consent.

[I]n the event that you consider that one of the above rules have been breached, you should contact: Head of Aviation Regulation Enforcement, CAA Secretary and Legal Advisers’ Department, CAA House, Room 504, 45-59 Kingsway, London, WC2B 6TE. Telephone: 020 7453 6193
(CAA Directorate of Airspace Policy, Environmental Information Sheet 6; emphasis added)

7.34 Additional housing within the village of Feock to the east of Harcourt and Porthgwidden.

The South-West Regional Assembly (SWRA)’s Draft Regional Spatial Strategy publication has set out how best to meet the future needs of housing in the South-West. This document sets out the district housing needs of Carrick to be an overall Annual Net Dwelling Requirement of 500 dwellings (or a total of 10,000 dwellings between the years 2006 and 2026).
The Feock Parish Plan does not support the provision of additional housing within the village of Feock proper.
On Saturday 14th April 2007, Mr Martin Denny a resfent of The Point arranged a presentation within a marquee near the crossroads on his land, a field, with a proposal to provide several additional facilities within the village, together with a suggestion to provide residential apartments.
Mr Denny had previously made a presentation to one of the Feock Parish Plan Committees. It was made quite clear to Mr Denny that any such proposal would not be supported by the Feock Parish Council as the land was clearly outside the development area.
Since then the Chair of The Friends of Restronguet Point has written to Mr Denny confirming the Friends opposition to such proposal. 
There will  be pressures in the future  to develop agricultural or green land. The Friends of Restronguet Point oppose any further development of the three fields at the eastern end of The Point adjacent to Harcourt and north east of Porthgwidden,
(John Crowther, May 2007)

7.35 Practical Planning Control, lessons learnt

At the first meeting with the Chair, the Secretary and John Crowther soon after the formation of The Friends. Mr Karl Roberts, the Senior Planning Development Officer to CDC explained that his financial and staffing resourses were stretched. Case officers were also overstretched, worked under severe time restrictions and on occasions unable to take the time to fully consider the detail. They do not have the architectural expertise within the department to consult a chartered architect. In fact individual house designs are not permitted to be referred to the specialist design review panel on which two private architects sit and provide professional advice in an honorary capacity. So a case officer, who is rarely, trained in architectural design, assesses the quality of a design by applying the age old test of, “I know what I like”!  The Design Statement illustrates housing designs on The Point over the last decade or so. It highlights the growing number of high stone, non indigenous walls, the high solid gates, and the unauthorised tarmaccing of a CCC verge,the fashion to lay non indigenous concrete paving stones to the crossovers to the CCC Highway, with the lack of enforcement of its reinstatement by the CCC.

The quality of planning control on The Point is in decline.

This may be in part due to the lack of interest by the residents. This situation will continue unless there is an increase in funding and staffing resources within the planning department. However it is to be hoped that the Unitary Authority will have the recources to apply a consistently high standard of planning control throughout the County..

The Feock Parish Plan highlights the fact that some 60% of residents consider that design and the environment take a low priority.

Property values will continue to increase ahead of the adjoining areas due to a scarcity of land. New large houses can only be built by purchase, demolition and rebuild. 

In addition, enforcement of tree preservation orders (TPOs), by a failure to record changes in house boundaries, results in the TPO map showing trees in the correct position but not on the correct property.  (John Crowther, May 2008).