Tensions over ‘Glendorgal-gate’ are growing in Newquay

Cornwall Council has confirmed there are no recorded public rights of way across Glendorgal headland, despite the routes having been used by local people and visitors for many years. The authority says it is continuing to assess the situation. Read more from the Local Democracy Reporter Service…

Tensions over ‘Glendorgal-gate’ are growing in Newquay after a landowner gated off pathways on Glendorgal headland between Porth and Lusty Glaze.

There was outrage when people were seen installing a gate blocking access to the footpath from Porth beach, after two other areas were closed off. Campaigners say the path has been publicly used by locals and visitors for more than 140 years.

However, Cornwall Council has verified this week that there are no public rights of way to the headland. A previous planning application on behalf of landowner and former hotelier Seamus Redmond also stated that National England recognised there was no public access.

It has now been widely reported that when a local resident objected to access being blocked, Mr Redmond told them: “Buy one of the properties and have exclusive rights of way included in the purchase price. Let me know if you’re interested!”

The owner of the defunct Glendorgal Hotel was granted planning permission last year to build 12 new holiday homes on the headland. Given it was private land, he said locals had no right of way and “anyone who is using it or has been using it is trespassing”.

In a Facebook post, Mr Redmond insisted there was no right of way along the path and threatened to prosecute anyone who tried to use it.

He wrote: “There was no right of way. It is private property and anyone who is using it or has been using it is trespassing. Apart from that we are now faced with people vandalising our property which is also our home. Sick or what?

“The path has not been publicly used for 20 years. It has always been private and will always be private. You have no right whatsoever to come onto our land. You are trespassing in other words and creating or inciting criminal damage which has already occurred.

“CCTV cameras are in operation and will be used in bringing prosecution against anyone who attempts to enter our property illegally.”

However, locals aren’t happy and Glendorgal Coast Path Campaign group is now gathering evidence so that a Definitive Map Modification Orders (DMMO) application can be made to Cornwall Council. They have already received memories, written evidence and photos from over 100 people that aim to show that the coast path has been used by the public for generations.

The Definitive Map is the legal, conclusive record of public rights of way – such as footpaths, bridleways, restricted byways and byways – in England and Wales. Each map is paired with a Definitive Statement, a written description detailing the route, width and any limitations like gates or stiles.

Anyone can apply for a DMMO if they consider that a public right of way is not recorded on the Definitive Map and Statement, but it needs to be backed up by evidence.

A planning application was originally approved in May 2020 for change of use of the Glendorgal Hotel to form 18 holiday use apartments, before the revised approval for 12 units. The proposal was described as “largely a sensitive one in landscape terms showing respectful consideration of the tremendous coastal location” and highlighted a lack of public access.

Cornwall Council’s countryside access team, in its role as highway authority for Public Rights of Way, had no objection to the proposals.

The application stated: “A stair built into the cliff to the north … provides private access to and from Porth beach.”

A statement by RLT Architects stated: “The site has no public right of way through it and the South West Coast Path diverts off at the head of the private access road down Lusty Glaze Road, in an easterly direction towards Porth.

“The site is privately owned and there is no public access (from the entrance off Lusty Glaze Road), which is recognised by Natural England and public consultation England Coastpath Stretch: Marsland Mouth to Newquay, Report MNQ11: Mawgan Porth to Newquay dated October 2019.

“Restrictions and/or exclusions: We have proposed to restrict or exclude access by direction under the Countryside and Rights of Way Act (2000) in four places along this section of coast.

“Glendorgal Hotel Grounds – access to the land in the coastal margin adjacent to route sections MNQ-11-S079 to MNQ-11-S085 is to be excluded all year-round by direction under section 24 of the Countryside and Rights of Way Act (2000) to prevent loss of income to the Glendorgal Hotel. The exclusion does not affect the route itself and will have no legal effect on land where coastal access rights do not apply.

“Further explanation: the Glendorgal Hotel business maintains the headland as a private area available exclusively to paying hotel guests and those hiring the hotel for private functions. Public access under the coastal access rights is not compatible with the commercial operation of this site.”

Public comments on the application revealed that there were concerns about access six years ago too.

A member of the public wrote on the council’s planning portal: “Whilst I know the site is private, the existing leaseholders have enjoyed access to Porth beach via steps to the cave ‘great cupboard’ since the development nearly 20 years ago. I hope the planners can include this access in any permissions.”

Another added: “We are currently able to access Porth beach via the headland and it is not clear whether this will still be the case.”