Action to be taken against yellow lines on Commercial Road, Porthleven

Let’s be clear, this is not about whether there should or should not be yellow lines on Commercial Road, Porthleven. This issue is about the a lawful process of placing parking restriction and a proper consultation via a Traffic Regulation Order. Here is the previous blog HERE

This would have given the public and official bodies such as Highways the ability of discussing the merits and disadvantages of placing lines along this stretch of road. From this, if there was a requirement of placing parking restrictions along this stretch of road, it would have been done legally and with the proper process and then enforceable.

No-matter who you are, you have to follow the law and people do not have the right to just paint yellow lines wherever they think they can. We have rules for a reason.

In discussing this issue with Highways and Cornwall Council’s legal department and because there has been a clear breach of the law, Cornwall Council is taking action against the Harbour and Dock Company. This is something I welcome.

Cornwall Council has written to Harbour and Dock clearly pointing out the legal breach under Section 132 of the Highways Act 1980. It has given Harbour and Dock two options.

The first is make a formal application for a TRO to regulate, if appropriate, the yellow lines currently in place. This application will ensure that all the relevant aspects of traffic management are considered and provide the opportunity for the public to make representations. The Harbour and Dock Company has one month to comply and submit an application.

The second option is if the Harbour and Dock fails to submit an application for a TRO, then the Highways Authority will remove the unauthorised lines and recover the costs of doing so from Harbour and Dock.

I believe this is a sensible way forward and one that I very much welcome. This could all have been avoided if the proper process was followed…

It should be noted that placing parking restrictions on a stretch of highways doesn’t necessarily stop parking for a couple of reasons.

Those with Blue Badges can park on double yellow lines for up to three hours (so you just replace parked cars with another type of parked car). If you ‘double clip’ a yellow line which means no parking at any time, you do stop parking, but you also stop any delivery vehicle stopping to unload/load as it is an offence and will result in an instant parking ticket. To overcome this, you then need a loading bay. As you can see, placing parking restrictions without proper thought, just causes more problems.

 

The legality of the Yellow Lines on Commercial Rd, Porthleven

The recent changes and the introduction of Yellow Lines to Commercial Rd, Porthleven are leaving residents and visitors confused and annoyed. Therefore, I want to clarify the legality of those lines.

In simple terms, the Yellow Lines on Commercial Rd are not legal, and have no legal standing and no enforcement can take place by official Civil Enforcement Officers, the Police, or anyone else.

To make Yellow Line legal, a Traffic Regulation Order (TRO) has to be undertaken. This is subject to a full public consultation, and only after that, and the work has been deemed necessary, a TRO can be made law and enforceable.

Commercial Rd is a private road, but under Highways legislation, it has full public access both pedestrian and vehicular. Therefore, the owner of the said land cannot just do anything and any changes like adding Yellow Lines have to follow legislation.

Harbour and Dock have been advised by myself and Cornwall Council of the correct procedures; with the latter saying no such work should take place until the proper processes have been undertaken. In fact, Highways wrote to the Harbour and Dock asking for all work to stop until this matter had been resolved legally. The Harbour and Dock ignored this advice.

I have been speaking to Highways on this matter for several weeks and only last Friday, they still were not happy with the work that has been undertaken. If the Harbour and Dock had engaged with the statutory highways agency, they would have advised the best course of action which would have avoided the chaos that is now happening along this road. Pedestrian and vehicle safety could have been improved by doing this properly.

Of course, the Council can take legal action against the Harbour and Dock, but this would cost tax-payers a considerable amount of money.

Summing this up, a person can park their vehicle on this stretch of road and no enforcement will be undertaken. Of course all other Yellow Lines in Porthleven are legal – just to stop anyone thinking it invalidates all other lines. Enforcement officers has been informed too.

Porthleven has a new Town Warden

Porthleven has been without a Town Warden since Rod Barnes retired. This is a hugely important role and therefore, Porthleven Town Council was very keen to replace Rod.

From an advert placed, five candidates applied and all were interviewed. The field of candidates was strong, but the three person panel of the Mayor, Cllr Bev Plunkett and myself appointed Carol Jewell to the post.

I would like to congratulate Carol on her appointment to this position. Carol will be an excellent Town Warden. I would also like to thank all who applied and made the panel’s decision a tough one to make.

Carol Jewell – The Porthleven Town Warden

Porthleven’s Great Baulk Auction raises over £40k for the Fishermen’s Mission

Back in 2014, Porthleven was subjected to a series of storms that few will forget. Porthleven seemed to face the brunt of these storms that resulted in substantial damage not only to the harbour, but to the moored boats in the inner-harbour when the baulks that protected them gave-way, and allowed the seas to wreak havoc in the now unprotected inner-harbour.

In a stroke of genius, Julian Waring, who works for the Fishermen’s Mission, came up with the ideal of using the broken baulks to raise funds for the Mission. Artists and craft people both near and far turned the baulk wood into items that included paintings, drawings, benches, candle holders and other wonderful items. In total, over 160 pieces of work were made from the baulks.

The huge crowds gathered.

From this, Julian and his small committee put a plan in place to auction all this work off in one big charity auction. This auction took place this past Saturday on the harbour head. The auction was led by the excellent David Lay – David for near five-hours entertained the hundreds of people gathered in Porthleven CIC’s marquee with a bar and food by the Atlantic Inn and staging and lighting provided by Impact.

Back stage

It was amazing to be part of this auction and see how generous people were in not only having a bit of Porthleven history, but more importantly raising a staggering £40,315 from the 163 lots in the auction for the Fishermen’s Mission. The huge amount of money raised is still sinking in.

Julian and his committee have done an amazing job in pulling this off. They should be very proud of this work, as should Porthleven be proud of them. Whilst the committee deserve our praise, this fundraiser could not have been achieved without the generosity of all those artists and crafts people who turned a bit of wood in to art and gave their time for free. Thanks everyone else who was involved in doing their bit – like helping to set up the marquee and provide internet etc. Huge thanks must go to David Lay and his team for running the auction, especially the online part of it.

Saturday 18th of March 2017 will be one of those days long remembered in Porthleven for doing something great. A proud day for Porthleven, its residents and visitors.

Pre-app for a building complex for Harbour Rd and Shute Lane

Ok, I hope you are sitting when you see this, but following on from the Shipyard application, there is another application for another large building that will fundamentally change the harbour area. The pre-app plan is for a merchant hall, shops, artist lofts, restaurant, 10 flats, a tower and what looks like a ‘gate house’.

This is not a full application, but a pre-application which aims to establish the principle of development and what could be accepted in an area. The development of this area is nothing new, as there was plans for this site back in 2000.

For those who do not know what a pre-app is, basically, an applicant puts in their plans (have to pay for it) and they are given advice on whether it would be acceptable in planning terms. From this advice, the applicant can then submit a plan with any changes (or not) that have been suggested. It is important to note, there are no public comments, but I wanted to let residents know.

Pre-apps are generally public documents to view, and details on this pre-app can be found HERE

Harbour Rd view


The floor plan


The view along Shute Lane

Porthleven Town Band moves a step closer to having a permanent Bandroom

Porthleven Town Band has wanted to have its own bandroom for many a year. Its current location in the shipyard is not ideal for their needs. The problem has always been where could bandroom go, as the Band owns no land.

Over the last several years – in my Cornwall Councillor – role I have been trying to help solve their problem. There has been a few options for a permanent home, but until now, those options have not amounted to anything.

This got me thinking as I knew the Porthleven Gig Club wanted a more permanent home for its gigs, but funding was always an issue of how to pay for it, and the Cricket Club wanted electric power to their club house. I thought of one option that would solve everyone’s want. That option is to use the Amenity Area. However, there was another option of using part of Moors which was put forward by the Harbour and Dock Company.

For those who do not know, the vast majority of the Moors playing field is owned (held in Trust) by Porthleven Town Council, with a small part owned by the Harbour and Dock Company (from the river to the upright stones for net drying). The Harbour and Dock Company wanted to use its part of the Moors to build a building for the band, however, it would need the town council’s permission to use its part of the land as the building requires a large area.

My problem with using the Moors to build on is this is a well used play area. Whilst the band do need a home, I think it would be wrong to place a building on this area. It also would totally change the feel of the area as the proposed building for the Moors is rather large.

A further problem with the Moors and placing any type of building in this area is it is in a high-risk floodplain with a high water-table. To mitigate against this would require the building being raised high off the ground. This would result in any proposed building looking more like a three-story building. Again, the size and scale of this would have a negative impact on the playing area. There is also no parking. The following picture is the building concept for the Moors.

Concept design of a band-room on the Moors

As I said beforehand the solution to everyone’s problem is to use the land which is commonly known as the Amenity Area along Methleigh Bottom. This sits between the Cricket Club and Methleigh Meadow. I had this area transferred from Cornwall Council to the Town Council  a few years ago a for £1. This site fits the bill on many fronts as it is out of the flood plain, it has a footpath leading to it and has ample parking. It is also in the ownership of the Town Council.

Both options were put to the town council as both require council consent for the land to be used in this way. I am very happy to report the Town Council unanimously granted permission for Porthleven Town Band to take their option for the Amenity Area forward and start the process of planning that will enable the plan to move from a concept to a design that can be submitted to the planning authority. It was taken on board that the new building will have something for the Gig Club.

Concept design of the building for Porthleven Band at the Amenity Area

The Town Council did not support the idea to build on the Moors playing field. Therefore, this does not go further than a concept. Even though another party might want this to happen.

It is a good choice to use the Amenity Area as I believe this is the best option as it will not only benefit the Band who find a permanent home, but also Porthleven Gig Club who gets proper storage for their gigs and will be able to use the facilities in the new building (subject to agreements between the parties). The Cricket Club will also benefit, as the band will bring electric power into the site which means the Cricket Club can connect to it. As previous to this, the costs of putting in electricity was several thousands of pounds.

It is a win, win, win for three community groups.

Porthleven to have its own Youth Worker

Back in 2016, I put forward a request to Porthleven Town Council to look into the feasibility of Porthleven having its own Youth Worker to help engage with young people. The principle of this was accepted, but could not be taken forward until the budget had been sorted.

I am now pleased to say, from April, Porthleven will have two Youth Workers initially for one day a week to work with Porthleven’s young people in a variety of ways. This Youth Work will be delivered by the experienced young people organisation Penwith Community Development Trust who are also delivering two days of Youth Work at the Furry Youth Cafe in Helston.

Planning Application for three timber shelters on ‘Harbour Head Terrace’

After the excitement of the Shipyard application being live and open for comment; brace yourself for another one. This time it is a re-submission of thee timber shelters and kiosks in the location of what is being named at Harbour Head Terrace.

The official planning application number is PA17/00847. The documents can be found HERE.

The plan for Harbour Head Terrace

In the Design, Access and Heritage statement it says:

“At the centre of the proposals is the desire to enhance the communal enjoyment of the Harbour Head, the harbour itself, and the popular views of the harbour and notable buildings. The proposals offer an appropriate and sustainable use of the Harbour Head Terrace for the long-term benefit of the local community and wider area. The Heritage Impact Assessment produced for the purposes of the application outline the conservation principles which are to:

  • Improve views of the inner and outer harbour by providing an appropriate public space;
  • Enhance the communal and aesthetic heritage value of the Harbour Head; • Bring sustainable new uses to the existing Harbour Head.
  • Enhance the Harbour Character Area identified within the Conservation Area.”

It goes on to say:

“Alongside this, there are clear objectives regarding benefits to the local economy which are to:

  • Promote permeability, activity in the local and wider area;
  • Promote local arts, crafts and trades to exhibit and trade in the local area;
  • Support local events, markets, concerts, and festivals;
  • Promote regeneration in the local and wider area.”

All the document information can be read HERE. You can also make comment online, or like the Shipyard application at one of the applicants consultation events, If you cannot make either of those events, you can officially comment to Cornwall Council and/or Porthleven TC.

The proposed design of the sheds

Planning application for Shipyard building is now live

Drum-roll….

The planning application for the new building located in what is commonly known as the Shipyard is now live after it has been validated and has an official planning reference number. I am sure this application will be of interest to those near and far; as it is quite a fundamental change to what is currently located in the Shipyard.

The planning reference number is PA17/00573 and all the detail on the application can be found HERE.

There has been a pre-application on this proposal and Cornwall Council gave advice and whilst “there is support in principle from a planning perspective for development within this area of the Shipyard”. However, the Council’s advice raised a number of issues that needed to addressed

  • There is potential conflict in views from the harbour towards the town between the building proposed and the Grade II* Methodist Chapel.
  • The loss of the historic wall to the West of the site to facilitate access by service and good vehicles has potential to result in the loss of significant element of historic fabric”
  • The site lies within Flood Zone 3” The proposed finish floor level of the ground floor is raised to 7.00m which is similar to the adjacent building to the west.

In the Design, Access and Heritage Statement (Click HERE), it says these concerns have been addressed.

My advice would be for everyone to read the planning documents, attend the public consultation arranged by the applicant, and take part in the official public consultation (which is live now) making your views know to both Cornwall Council and Porthleven Town Council.

The building elevations

Layout of the Shipyard Building

Consultation for Shipyard building in Porthleven

Porthleven Harbour and Dock Company are holding two periods of public consultation in reference to two planning applications they have submitted. The first is a building in the Shipyard and the second is three structures on what is being called Harbour Head Terrace.

I am sure people will remember a previous pre-application for the Shipyard building and how there was concern about the use of this building. This pre-app never progressed to a full planning application. This time a planning application has been submitted (not yet validated yet) for a shop/cafe and office space.

The second application is for is for a re-submission of three structures on Harbour Head Terrace. This was previously withdrawn by the application due to concerns from the Conservation Officer.

 

This public consultation is arranged by the applicant. The applications will still be subject to the official consultation by Cornwall Council and Porthleven Town Council. This will be where anyone who wants to support or object to these applications can make their views know.

This event is listed on What’s on in Porthleven – HERE

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