APPENDIX E2 –

- 842 -

16 December 2013

Cornwall Council County Hall

Dear

Modification Order application WCA 573 Church Lane St Mawgan

Approximately two years ago our local Parish Council applied for the above Modification Order and a large number of parishioners supplied evidence, from their own experience, of this Lane being used without hindrance, or permission, by vehicular traffic, horses and pedestrians. At the November meeting of the St Mawgan-in-Pydar Parish Council the Clerk requested that parishioners with additional information should send this to you. This we are now doing. We, as land owners and residents on the lane, were asked to complete a questionnaire at the time of submission of the application for the Modification Order. This we did to the best of our knowledge at the time. Our property was constructed in 1956 and our deeds contain evidence that vehicles have used this Lane throughout that time. Our deeds also contain documents demonstrating that we have rights of access over the Lane. Even if they did not, these rights have been established by usage. Consequently, whatever the outcome of this Modification Order application, it will not change our legal rights and therefore we make the following submission without prejudice. Background to this submission As a result of an application to the Land Registry by the new owners of The Rectory, now called ’Yongala’, to register two parcels of land adjoining the Lane we have undertaken an extensive search of archival documents relating to the Lane. All the documentary evidence we quote below is either contained in the Records Office, or St Mawgan-in-Pydar Parish Council Minute Books, or in the Deeds of our property should you wish to verify any of the information. History of the Lane Firstly we wish to point out that the name ‘Church Lane’ or ‘Church Road’ only came into use in 1991. Prior to 1991 it was known as the ‘Road from the School to Lanvean’ or ‘School

- 843 - Lane’(1900 onwards); ‘Rectory Road’ [from 1947, when , see below, became Parish Council Clerk]; or ‘Rectory Lane’ - which is in current usage - in 1973 (Parish Council minutes, 10th October, 1973). Ownership of the Lane The Parish Council Minutes from the early Twentieth Century onwards show that the question of ownership of the Lane has been regularly discussed, always without resolution. However, in 1973 , a Church Warden until 1970, signed a Statutory Declaration to the effect that there had never been any other claim of ownership and that the lane belonged to “the encumbent Rector”. was also Parish Council Clerk from 1947 until the early 1990’s. Some might argue that the content of this Statutory Declaration is questionable given that it was made despite the fact that, by this time, as Parish Clerk had twice been requested to obtain proof of the Rector’s ownership of the Road and on both occasions had reported to the Parish Council that no such confirmation or proof could be obtained from the Diocese or Rector (Annual Meeting of the Pariah Council, Item 10, 3 June 1949; Parish Council minutes 19 January 1954 ). Statutory Declaration also seems to ignore a letter written in 1969 from the Church Commissioners’ solicitors to the Clerk, Cornwall County Council. This letter was written in connection with the sale of ‘School House’ on the Lane. The County Council was selling the house to . This letter states that the Lane was not owned by the Church nor, to the best of their knowledge, by the Diocese or the Rector. There is no mention in the Parish Council Minutes that , the Council’s own Clerk, had made his 1973 Statutory Declaration and there is no evidence that he had told any of its members, one of whom is still alive and has confirmed this in writing. This omission is worrying when it is considered that , in his Statutory Declaration, stresses his status as the Parish Council Clerk, emphasising his length of service, thus imparting extra weight to his statement. It is even more worrying that this Statutory Declaration is, essentially, the basis upon which the Church registered the Lane prior to its sale along with The Rectory in 2010. For your information we are currently requesting that the Land Registry re-examine the basis on which it registered title of the Lane in favour of the Diocese. The status of the Lane It is significant, we believe, that after made his 1973 Statutory Declaration, whenever the Lane is referred to in Parish Council Minutes it is consistently known as ‘Rectory Lane’ or ‘Church Road’. Furthermore, after 1973, contrary to the previous 70+ years of indecisive discussions it is stated as being owned, unequivocally, by the Church. This Statutory Declaration by one man is, to the best of our knowledge, the only evidence of this ever being a private road. The fact that the Church relied on this Statutory Declaration, plus one from the current Diocesan Surveyor which basically says ‘nothing has changed since 1973’, to register title of the Lane in 2010 reinforces our opinion that no other documentary evidence supporting their ownership exists. We maintain that all the evidence, apart from these two Statutory Declarations - from people connected with the Diocese - supports the Lane being an unowned, public, unrestricted thoroughfare until 2010. We will now briefly review some of this evidence. Examination of a Plan of Lanherne Mansion House, dated c.1777 (Cornwall Records Office, AR/18/13), shows the Lane in question as not part of ‘Glebe Land’. It is depicted as a highway comparable to: (i) the ‘Coach Road Lanherne from St Columb’ and, (ii) the only other road

- 844 - running northwards across the river in the village. The former is now the main road through the village from Carloggas while the latter is now the highway leading out of the village from Penpont bridge up Ox Lane to join the valley road to . The Lane currently under dispute would have been, in the mid-Eighteenth Century, the primary route from the north east, including such places as Talskiddy, Gluvian and St Columb via Higher Tolcarne and Lanvean, to St Mawgan, for pedestrians, horses and wagons. In the mid-Nineteenth Century, the Mawgan in Pydar Tithe Map 1843 (Cornwall Record Office CD ref no.TM/141) shows the Lane as a through road from the village to Lanvean not distinguishable from the other public highways in the Parish. The District Valuation Map, 1911, and accompanying land ownership documents, show much of the surrounding land owned by the Rector but shows the Lane as ‘unowned’. It was therefore not a private road at that time. Parish Council minutes from the early Twentieth Century support this and indicate the Council’s belief that the Lane was under the control of the ‘Highway Authority’ or the ‘District Authority’. There is evidence in these minutes that ‘heavy vehicles’ and ‘delivery vehicles’ used the Road at this time. In the late Nineteenth Century, early Twentieth Century, the drive to the mid-Nineteenth Century Rectory - now ‘The Old Rectory’ - was off the Lane that is the subject of this Modification Order. The entrance to this drive was about halfway between Lanvean and the ford, near where the entrance gate to our meadow is today. Therefore, during that time, parishioners wishing to visit the Rector on horseback, by carriage, or later by automobile, would have used the Lane to reach his drive. By extension, parishioners would also have used the Lane to access the Church Room, or Hall (now the property known as ‘Moorland House’), the School, the ’Falcon Inn’, and to go to and from the village by whatever transport means they chose. The Parish Council Minutes and Local Authority Minutes contain evidence that the Local Authority was involved in maintenance of the Lane; there is also a Fire Hydrant on the Lane. The Local Authority has also provided, updated and maintained, street lighting along this Lane. For example, street lighting was installed by the Local Authority/District Council (i) near The Church Hall, (ii) opposite ‘Lanvean Cottage’, and (iii) near ‘Trevelyan’ Bungalow, on the Lane (Parish Council Minutes, 30 March 1932; Council in Committee Standing Joint Committee - Item 19, Street Lighting, 26 August 1960 ; Annual Assembly of the Parish Meeting, 12th March 1969;Parish Council Minutes 14 October 1970; Parish Council Minutes, 14th February 1979). These street lights are still in use today. Furthermore there is evidence of vehicular traffic along the Lane even during District Council’s jurisdiction (Parish Council Minutes 14 March 1979). An earlier reference to the use of the Lane by vehicular traffic is in the Parish Council Minutes, 14 January 1964, where it states the following, under an item headed ‘River Board works at St Mawgan’: “The ramp which it is proposed should be constructed in the roadway adjacent to the wall of the school playground will entail the raising of the road level .... The whole will be surfaced with tar macadam to the satisfaction of the County Council and the ramp will in no way interfere with either the free access of pedestrian traffic to the footbridge or to that of vehicular traffic to the ford”. The Chairman of the Parish Council at that time, Mr T.J. Trevenna, still lives in Lanvean House (previously known as ‘School House’, see above) on the Lane. One can only assume that whenever the Parish Council was asked to check and update the

- 845 - Definitive Map of Public Rights of Way, the members believed that the Lane belonged to the ‘Local Authority’ and was consequently a byway for all traffic and therefore did not need to bring forward this Lane as having such designation.

Until 2010, when the Church, erroneously in our view, were allowed to register the Lane in their ownership and then to sell it as part of The Rectory property (now called ’Yongala’), pedestrians, horses and motor vehicles passed freely over the Lane without permission or hindrance.

Conclusion As documented above, there has been freedom of access for pedestrians, horses and vehicular traffic on this Lane for at least 250 years, until 2010, and we believe this public right should be re-instated without further delay.

We hope you find the above information helpful in your discussions and deliberations.

Yours sincerely,

NB. this letter is being sent in my private capacity as a land owner and resident on the lane.

- 846 - From: Sent: 18 December 2013 16:49 To: Subject: Modification Order Church Lane St Mawgan c1777 map Attachments: lanherne mansion house.jpg

Dear Please find a photograph of the 18th Century map of 'Lanherne Mansion House' we referred to in our letter. The Lane which is the subject of the Modification Order is at the bottom of the map to the left of the scale. The 'Coach Road to Lanherne from St Columb' is also shown and you will see it splits as it goes through the village one branch through the ford up the Lane we are dealing with and the other, opposite 'A Nursery', through the river up the hill to 'Lanherne Manor Pound' (to the right of the scale). At 'A Nursery' it branches again with the other branch going up what is today 'Long Lane' or 'Back Lane' which is the second main road south out of the village.

The original of this map is in the Cornwall Records Office.

Best wishes

1 - 847 - - 848 - ABBREVIATED HISTORY OF RECTORY LANE

DATE ROAD STATUS SOURCE COMMENT or CONTENT OF RELEVANT MINUTE

1770’s Public Lanherne Manor Glebe land is shown either side but the road is not included. Map Road is shown comparable to other, now (2014) County Highways roads. 1841 Public Tithe Map Road is shown comparable other roads through village of St Mawgan

Pre 1876 - ? Public Parish Council “When the late , Rector, built the Rectory he asked Minutes 27 March the Highway Board to hand this road over to him and he would 1907 bear the expense of keeping it in repair. “ [This ‘Old Rectory’ was built around 1876] Sometime post ?’Private’ Parish Council asked who was responsible for the road from the 1876 and pre Minutes 27 March school footbridge to Lanvean gate. 1907 1907 said it was not a private road. When the late Rector, built the Rectory he asked the Highway Board to hand this road over to him and he would bear the expense of keeping it in repair. The late rector also bore the expense of keeping it in repair but since the advent of the present Rector nothing had been done to it. If put in repair by the Parish for 12 months the DC would take it over and keep it. The thing could be done by private subscription. The Chairman thought the DC responsible for the road if not kept in good order. held that the Rector was responsible for the road and in his (the speaker’s) opinion should have seen to it that it was put in proper order when he took possession of the Rectory. The removal of the gate and posts also showed the Rector’s responsibility. thought the DC responsible asked for the. remedy mentioned other similar roads which were in a far worse state than the one under discussion. “It was the fault of the DC and they should make it up”. After a lengthy discussion proposed and seconded that the Rector, the be asked to repair the road from the school foot-bridge to Lanvean gate. 1908 Public Parish Council A discussion again took place on the road from the footbridge Minutes 31 March near the school to Lanvean Gate. Some were still of the 1908 opinion that the Rector was responsible for the repair of this road. The Rector replied that he was willing to keep the road in a state of repair provided it not be used for heavy traffic, that the gates be locked and a stile placed at each end for the convenience of foot passengers. asked how would the cottages served by the road get coals etc in case the gates were locked? said the Rector‘s proposal was an impossible one and would not answer under any circumstances. The Chairman adhered to his former opinion viz that the Rector could not be held responsible for a public road, which was obviously unfair. 1911 ‘Unowned’ District Valuation Incumbent’s land is shown either side of road but not including Map road.

?Public? 1932 Public Parish Council “..instruct the Clerk to draw the attention of the County Minutes 30 March Council to the following, with a view to immediate repairs: 1932 ...... 4 The Road from Lanvean to Mawgan via the Churchroom - 849 - 1973 ?Private? Statutory Declaration by , as Parish Council Clerk had been asked to write Hubert Eplett to the Diocesan Registrar (1947); and to the County Council (1948) about the Road. Then in 1949 he was asked to make enquiries as to ownership - the records show he never reported. In 1954 he again reported no satisfactory answer about the ownership from the Diocesan Registrar; that year a ‘The Rectory Road Improvements Committee’ was formed with no reference to, or permission from, the Benefice . 1969 Church Commissioners “have no evidence of Incumbent’s ownership” (letter to CC solicitor). Despite all this evidence makes his Stat.Dec. in 1973 2010 Private Land Registry FIRST REGISTERED with Land Registry. Registered by as part of the title of the Rectory St Mawgan, based solely upon 1973 Statutory Declaration of see below

*By 2010 the majority of the land on either side of the Road was in private ownership and therefore had medium filum been applied the Road would have been registered to other landowners with the Diocese owning less than one. third of its length.

- 850 - Minutes of St Mawgan-in-Pydar Parish Council 27 March 1907 (Chair: ) asked who was responsible for the road from the school footbridge to Lanvean gate. said it was not a private road. When the late , Rector, built the Rectory he asked the Highway Board to hand this road over to him and he would bear the expense of keeping it in repair. The late rector also bore the expense of keeping it in repair but since the advent of the present Rec- tor nothing had been done to it. If put in repair by the Parish for 12 months the DC would take it over and keep it. The thing could be done by private subscription. The Chairman thought the DC responsible for the road if not kept in good order. held that the Rector was responsible for the road and in his (the speaker’s) opinion should have seen to it that it was put in proper order when he took possession of the Rectory. The removal of the gate and posts also showed the Rector’s responsibility. thought the DC responsible asked for the. remedy mentioned other similar roads which were in a far worse state than the one under discussion. “It was the fault of the DC and they should make it up”. After a lengthy discussion proposed and seconded that the Rector, the be asked to repair the road from the school foot-bridge to Lanvean gate. Voting was as follows: For the resolution 7 Against 4 In favour 3 majority The Clerk was directed to send a copy of the resolution to the Rector. asked the Senior DC who was responsible for the passing of the stones for the roads. : The surveyor or D Councils? Having been a DC for two years you should have known this. : I have my reasons for asking.

- 851 - Minutes of St Mawgan-in-Pydar Parish Council 31 March 1908 A discussion again took place on the road from the footbridge near the school to Lanvean Gate. Some were still of the opinion that the Rector was responsible for the repair of this road. The Rector replied that he was willing to keep the road in a state of repair provided it not be used for heavy traffic, that the gates be locked and a stile placed at each end for the convenience of foot passengers. asked how would the cottages served by the road get coals etc in case the gates were locked? said the Rector‘s proposal was an impossible one and would not answer under any circumstances. The Chairman adhered to his former opinion viz that the Rector could not be held responsible for a public road, which was obviously unfair. The road had been repaired already, privately. The matter then dropped.

Minutes of St Mawgan-in-Pydar Parish Council 30 March 1932 “..instruct the Clerk to draw the attention of the County Council to the following, with a view to immediate repairs: 1 The northern road from Mawgan Porth to St Columb via Gluvian etc 2 The road from Trevenna Cross to Mawgan via the rectory and Penpont 3 The road from Higher Tolcarne to Lawry’s Mill 4 The Road from Lanvean to Mawgan via the Churchroom

(These minutes are followed by a copy of the letter to the Divisional Engineer, , dated April 12th 1932 asking for ‘immediate steps to be taken to repair same’)

- 852 - Annual Parish Assembly 23 March 1948 Item (5) Rectory Road Lanvean to School “ proposed that a letter be written to the County Council pointing out the disgraceful condition of the road between Lanvean and the School and asking them to take such action as may be necessary to improve same. This proposition was seconded by and carried.”

Annual Meeting of St Mawgan-in- Pydar Parish Council 3 June 1949 Item 10 Rectory Rd “The Clerk was instructed to make en- quiries as to the ownership of Rectory Road as the Council is desirous of taking steps to bring to the notice of the owners the very bad state of repair of this Road”

Parish Meeting 19 January 1954 presided over the Meeting. He stated that the business of the meeting was “To discuss the state of the Road leading from Lanvean to the School and to consider whether any action can be taken to re- pair the same”. After some discussion asked whether the County Education would contribute to the cost of repair- ing the road. stated that a year ago the Com- mittee had ruled that no help could be given . The Clerk reported that he had written to the Diocesan Registrar in an endeavour to ascertain whether or not the Road was the property of the benefice, but no satisfactory reply had been received as the Registrar required an un- dertaking with regard to his costs before making a search through the papers held by him. asked whether any improvements could be made by draining the road. and offered to contribute money and labour in an attempt to improve the Road. After some further discussion it was Resolved that the Divisional County Surveyor ) be ap- proached to give his opinion as to Repairs, Drainage and estimated costs. The Chairman said he would get in touch with the Sur- veyor in accordance with the above resolution. It was suggested that perhaps old Tar-Mac might be available from the Cornwall County Council & the Chairman said that he would mention this to . stated that he had no objection to shingle being taken from his part of the Beach at Mawgan Porth. It was resolved that all persons attending this meeting form “The Rectory Road Improvements Committee” with power to add. - 853 -

EVIDENCE OF STREET LIGHTING BEING PROVIDED ALONG THE LANE BY THE LOCAL AUTHORITY

26 August 1960 St Austell Council in Committee (1) Standing Joint Committee - Item 19 Street Lighting “....After giving details as to the compilation of street lighting quotations, it now appeared that to fall within the allowable expenditure the work 1960/61 would have to be limited to the following installations :- St Mwagan 4 lamps ( the four agreed were: Trevarrian Hill, Mawgan Hill, Ox Lane and Rectory Lane) St Enoder 2 lamps St Gorran 2 lamps St Mewan 4 lamps..

The report which was presented to the above Committee (which was presented in full to St Austell Rural District Council, 29 July 1960 Council Minutes, Item 644 Report of the \Street Lighting Sub-Committee ) listed all the parishes and their requests and the recommendations. In the case of Rectory Lane :

(f) Rectory LaneLight near Church Room One new lamp on pole No.27 ______

St Mawgan-in-Pydar Parish Council Minutes 14 October 1970 Item 9 Street Lamps “ The Clerk was instructed to communicate with St Austell RD Council with regard to provision of street lamps at: 1 Near the Car Park at the Falconm 2 On the post near the School 3 Near ‘Trevelyan’ Bungalow (This is the bungalow at the south end of Rectory lane currently - 2014 - owned by ; see below)

THE ABOVE LIGHTS ARE STILL IN USE IN 2014

______

DOCUMENTED EVIDENCE OF VEHICULAR TRAFFIC USING THE LANE (Does not include verbal evidence of persons still living in the village who recall vehicular usage in the 1930’s and later)

31 March 1908 Parish Council Minutes “A discussion again took place on the road from the footbridge near the school to Lanvean Gate. Some were still of the opinion that the Rector was responsible for the repair of this road. The Rector replied that he was willing to keep the road in a state of repair provided it not be used for heavy traffic, that the gates be locked and a stile placed at each end for the convenience of foot passengers. asked how would the cottages served by the road get coals etc in case the gates were locked?” Note reference to ‘gates’ and ‘stile’ indicating that the road was in use in 1908 by ‘traffic’ as well

- 854 - ( Observations on change in perception ofthe Road's 'ownership' status during period as Clerk: (As reflected in the Parish Council Minutes at the time)

1947 " ... interview the Rector to ascertain whether he would be willing to waive any rights he may have over this Road..."

1949 "The Clerk was instructed to make enquiries as to the ownership of Rectory Road.."

1954 "The Clerk repmted that he had written to the Diocesan Registrar in an endeavour to asce11ain whether or not the road was the propetty ofthe benefice but no satisfactory reply had been received ...... "

( That year a 'The Rectory Road Improvements Committee' was fmmed (mainly ofParish Councillors) with no reference to, or permission from, the Benefice . This Committee called in the Divisional Surveyor of County Council for advice and then paid for repairs.

1964 "The Rector spoke with regard to the road leading from Lanvean to the School and suggested it should be adopted by the local authority" Note he did not use the name "Rectory Road" and if it was owned by him, or the Diocese, why suggest it to the Annual Assembly ofthe Parish Council for the Parish Council to act rather than the Diocese? It is not known if the Clerk acted upon the Rector's Assembly request as there is no reference to this in subsequent Parish Council Minutes; although one Parish Councillor who is still alive recalls the Clerk frequently saying that "the road is too nanow to be adopted". ( The next mention ofthe Road is in 1967 when the Clerk is instructed to write to the River Authority about the road outside bungalow.

In 1973 tnakes his Statutoty Declaration which, in essence though not in fact, says the Benefice owns the Road. THIS IS, OF COURSE, NOT IN, OR REFERRED TO IN, ANY OF THE PARISH COUNCIL MINUTES.

1980 " .... it is understood that the road is the propetty ofthe Diocese in view of ( the fact that cettain repairs were carried out when the new Rectory was built a

- 855 - ( few years ago." Note that no similar 'understanding' was reached in 1954- 'that the Road is the property ofthe parish' - when the Parish Council and its members carried out repairs (see The Rectory Road Improvements Committee minutes)!

1991 " ... And as the Lane is Church property, the Clerk was instructed .... " One has to ask where this certainty came from? Presumably from the Clerk!

At no time, as far as the minutes are concerned, does the Clerk, , mention that he is/was a Churchwarden (although, presumably, Parish Councillors knew and therefore 'took his word' about ownership in 1980 and 1991).

(

- 856 - as pedestrians (‘foot passengers’).

10 March 1964 Annual Assembly of the Parish meeting 5. The Rector spoke with regard to the road leading from Lanvean to the School and suggested that it should be adopted by the local authority. “It was agreed that the matters contained in Minute 4 and 5 should be dealt with by the Parish Council, and the Clerk was instructed to take the proper steps to bring the matters before that authority” Note he did not use the name “Rectory Road” and, if it was owned by the Diocese, why suggest it to the Annual Assembly of the Parish Council for the Parish Council to act rather than the Diocese? It is not known if the Clerk ( ) acted upon the Assembly’s request as there is no reference to this in subsequent Parish Council Minutes. The next mention of the Road is in 1967 when the Clerk is instructed to write to the River Authority about the road outside John Rawling’s bungalow, ‘Trevelyan’.

Parish Council Minutes, 14 March 1979 10 “ The Planning Sub-Committee presented a report with regard to the proposed vehicular access to the site at Langweath House. It recommended that irrespective of the vehicular splay that has been suggested Restormel Borough Council be advised not to allow any further access to this hill, as any additional access will mean a further flow of traffic to a narrow hill which could easily prove to be dangerous. It was Resolved that this report be accepted. “

Parish Council Minutes, 9 January 1991 15. “Church Lane Following a complaint that motor vehicles are using this lane it was Resolved that the County Highways Authority be requested to place a sign indicating ‘Access only’ at each end of the Lane.”

In addition to the above we have in our files Statutory Declarations by owners of Langweath House from 1969 onwards stating unrestricted use by vehicles of the Lane in both directions. Since Langweath House was constructed in 1956 with an integral garage and the original owner, Lady Geraldine Boyle, was a car owner, motorised vehicles were using the lane in the 1950’s.

Furthermore, as the driveway to the Old Rectory was off the Lane, almost opposite Lanvean Cottage, it can be assumed that motorised vehicles accessed that property via the Lane from the early 20th Century.

April 2014 (Text in red represents our comments/ observations)

- 857 -

(

~!EC[E~\f!ED 23 JUL 2m~ ------

July 20th 2014

Cornwall Council County Hall TRURO

Dear Modification Order application WCA 573 Church Lane St Mawgan-in-Pydar The enclosed letter from Mrs was delivered to my house as a result ofcontinuing discussions taking place in the Parish Council and elsewhere. She has requested that you add it to the sum total of evidence regarding the use ofthe above Lane. In December last year, and subsequently, I have sent you information regarding the history ofthe Lane but I cannot recall if I sent you the enclosed summary I produced showing the relevant Parish Council minutes during the time was Clerk. You will recall that it was principally on the basis ofa Statutory Declaration made in 1973 by the said that the Church/Diocese was able to register the Lane in 2010 to allow it to be sold, with the Rectory, to that year. While ownership may not be a matter you might consider relevant in your deliberations regarding the Modification Order, it seems the status ofthis Lane as a public byway/ highway was dramatically affected by this last-minute registration; incidentally none ofthe residents on the Lane were informed by the Land Registry, nor the Church, ofthe Church's application to register the Lane. I have endeavoured to use colour coding in the attached summary to emphasise the doubt that existed regarding ownership prior to ' s statutory Declaration and the 'certainty' that follows it! I reiterate that it was who was the Clerk referred to in all these minutes. To my mind there is little doubt this road has been used by all forms oftranspmt and foot passengers for well over two Centuries without hindrance and it is only the Diocese's action in 2010, and actions subsequently, that have necessitated the need to even apply for a Modification Order. I hope you find both enclosures helpful. Best wishes

Yours sincerely

(

- 858 -

August 4th 2014

Countryside Service Cornwall Council County Hall ( TRURO

Dear

Wildlife and Countryside Act 1981 Proposed Modification of Definitive Map of Public Rights of Way by Byway Open to All Traffic from the Ford by St Mawgan-in-Pydar Primary School to Lanvean Farm.

Thank you for your letter of 28th July acknowledging receipt of my letter of 20 July and of letter.

Previously you had requested documentary evidence from the Parish Council Minutes etc. In my letter ofDecember last year I quoted from a Minute in January 1964. I now enclose a photocopy of the page from the Parish Council Minute Book (page 27) which contains the relevant minute.

I have highlighted the part of the Minute which refers to "free access...... ofvehicular traffic to ( the ford". This demonstrates that the road was definitely open to all vehicular traffic in the 1960's and we know, from the 1908 Minute, traffic was using it at the tum ofthe Century because the Parish Council was concerned that ifthe gates were locked the cottages on the road would not get their coal. The number of times the state of the road is referred to in the Parish Council Minutes in the intervening years shows that it was in constant use by parishioners. As there is copious evidence of traffic using it post 1964 the conclusion has to be that it has been in continuous use by motor vehicles virtually since the internal combustion engine was invented (and probably before that by steam driven vehicles!).

I hope you find the enclosure useful. Best wishes

Yours sincerely l

- 859 - ,~. ~ :~ .\'~e·?tj.rs c:f thE! I '-'3.:•:-iu:-. C01.11~tciJ in th0 Chnrch R.oor.'l o:a. 7:··~ "' "jLL"t:''J J .:)!}l..lS.:r:>y 196LJ. · · ·· ····· · .. ·

,_ .

An apology for r..on-o-1.ttencl."l nce l:·!B-B received f "'Om the Cho.i:r:'m<'~n

!.:>e~ort;ed t;'1j8iJ t;he St o Austell .:_ . D. Counr:d_]. l::vJs B.greed to take the necesB-9r'Jr steps to cle::m

~ ··'A lV.:i11 Le::.>.t a t Penront in 9.n end0".1Vour to rr.itig?..te the

::-::.~. ioence t..r"lich is being caused 1)y th.e w:J_ter seering into the ·':! .:--;t ta.ces O'.'J:ned by the

~-:o '1rd 1:\rj_th rec::l.rd to thr:: construction of t:b.e ramp ne.9.r the

"~.~~r the E~.c.:1. -o.Gnr to tJ.J.e I3 o~~:t.r.d t~ . 8t

The r!3.rnr i;lhich it is pro ~c lOEH·;d .should be coYJstructed in the roB.dwB.y ?.dtj01.cent to the ~JJall o:f the School pl:swsround. will e nt~il the r~isins of ths ro3d level a~ rro~imately .2 :fest o~rer 8. d:i.St0.Y.'Ce of '10 feet ·'3.nfi tbeYJ. fo:r:-m CJ.:'9.011'3l slopes to tb£ for d on one nid8 snd tho oris ihal ro~d leve1 on the ot-:he r . The ~.,ih.ol e 1·rill or-' r:nJ:r.faee~l ;,\rith t -:~.r me.cs.diiJ.m to the S·?.tisf::t~tion. of tb.f:' County Council ana thP. r E' ~Y:l will in no '!lay inte i'fere ':lith ei.ther the f:-:-ee ~ccesR of nedA s tri ~n traffic t o tbe footbridge or to th~t of v ~ hiculqr tr~ffi~ to t he ford.

s 0.tisff:l.ct or~y The Clerk produced estim'?cteR of in.com.e 0Dd 'sxr)c·ndit1urP. fm:- the cominc fin<:mci 91 year, f:ln.d -3.fter e. short i d i ~i Cl_:tr:sion, it ,,~AB H8solved to sign a Precept .for the year

to 31st ~arch '1Q65, as .follows

for the E~mer':t.l Accou:>J..t . . . .~100 fo1~ the !.3nri.-:tl 1~. cconnt . . fr:~ '1 00

,- () . rr..8.d.e a rer o?.'T. ,,Jith n~g::;. rd. to the footpe,th

ne<~r Tredrr.~.~o:n Ro01.d in 1,v1::'.icb. he sa.i d. tb.c).t he had seen .. di ., ~vho hR..d s 0.id tl:l-:;t the .flooding v.rB..s in a ll prob8bilit~r ( 'bo:i.n.e; gC:;"r-:tve t8d. hy t re J:li:r;'-es under the road being choked 1.-v:Lth

''>

- 860 - From: Sent: 09 March 2016 16:37 To: Subject: Re: RE: Modification Order WCA 573 Church Lane St Mawgan Attachments: page 2.jpg; page 1.jpg

Follow Up Flag: Follow up Flag Status: Flagged

Dear Please find attached the letter from the solicitors of the Church Commissioners written in 1969 (four years before the statutory declaration by upon which the Diocese relied to claim title and register the lane in their name in 2010). This letter was written in connection with the purchase of 'School House' [ now called 'Lanvean House'] by the late . I have, in an earlier email attachment, sent you details of the erection of the lighting - if you cannot find these in your files please let me know. I am currently looking for the photograph I mentioned which I will send as soon as I have scanned it. I hope the attached is of interest. Best wishes

----Original message---- From : Date : 09/03/2016 - 16:14 (GMTST) To : Subject : RE: Modification Order WCA 573 Church Lane St Mawgan

Mr Do you have those documents that you described in our telephone conversation earlier in the week. I am particularly interested in the letter from the Diocese stating the lane is public? Anything you have which might be useful will be much appreciated.

Thank you

Natural Environment

Floor 4A, Pydar House, Pydar Street, Truro TR1 1XU www.cornwall.gov.uk

From: Sent: 29 April 2014 15:12 To: Subject: Re: Modification Order WCA 573 Church Lane St Mawgan

I do apologise; I used to edit the Parish News for the village and got used to using Publisher as my default program; I forget that few people have it! I shall resend all the attachments as PDF now. 1 - 861 - ,.

Please quote ../ our ref. .1/4..7068

12th Februa.zy 1969.

The Clerk, ·-·~· Cornwall County Counc;,.L.,L.,. - ~ . ·- ···-.. ::r,.:.••t.J...· ··.~·~· V ·- --... ·.,,...,...-... :;.~r,.,:,:.,rk:r.:=,j: .., , , Coun-ty Hell, • ::.J""f 't·. ' ·" t ~.,..- 0 ·f'"~) ···• ·~~ ~·-.:~ "" r·'\ t...... TRURO. r:.~.: .-~ ,..·-··--; n :-:-p-r• . 14 FEB i969 , . . . , f .. .~ I f' .' ~· • . ,j > .... 0 Dear Sir, ...____:._..:~..,... ..;..~~ PS/LR ~~wgan-in-Pydar Diocese: Truro The School House

vle thank you for your letter of yesterday with plan.

• I vfould you please return the draft D.eed of Variation to us as we have no copy. vre can say for certain that the road1-1ay colou.red green on the plan does not be long to the Church Commissioners. \'Thether or not it forms part of the Benefice property is a matter for investigation. Should there oo ·evidence of ownership by the Benefice the claim of the Incumbent to the roaduay vTould 1nve to be supported by one or more Statutory Declarations and eny Grant by him wou~d. be under Section 9 of Church Property (r.Iiscellaneous Provisions) Measure 1960. The Incumbent could only exercise his potTer under that Heasure lrit h the consent of the Church Com.miss ioners, the Patron, the Dilapidations Board and the Bishop.

If your Cou~cil or the Purchasers vdsh an investigation to be carried out we must ask, as a condition precedent, that your Co_uncil l-Till be responsible for .all expenses incurred by the Incumbent. So far a.s l-Te a.re aware he has no record.s shm·ling that the road1-my belongs to the Benefice and i

Since the Purch~sers' Solicitors think that the roadway is owned by the Church we suggest that they state their g:rOunds for ,so · thinking.

If this matter ·has to be referred to the Glebe Committee and the various consenting parties· mentioned in the ~Ieasure we shall require

- 862 - P.T.O. ,. ..--. f s.everal f~ther copies 'of the plan.o# <. •~ y\. t ·- Youre, fai''.;hfully, -'· ""· .•. - ... , ;

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- 863 - From: To: Subject: Modification Order evidence with attachment! Date: 19 May 2016 15:27:00 Attachments:

Dear , This time with the photo!

Dear I have spoken with again and they have prepared a statement for your use which they no doubt will be sending you in due course.

I am not sure if I have already sent the attached photograph to you. It is of a wedding couple, , outside the Church Hall (now Moorland House) on the lane. The 'chauffer' seen in the back right is who moved to the lane in 1960 and still lives on the lane in the bungalow at the bottom near the ford ( 'Trevelyan'). This wedding was in 1958 and shows a car being used on the lane by village people (not lane residents); the Church Hall was regularly used for village events and regularly accessed by car. At the time the photo was taken there were only three houses on the lane - Lanvean Cottage, School House (now 'Lanvean House') and Lanvean House (now 'Langweath House').

daughter, supplied the original of this picture to me, she lives in , Trevenna Cross, St Mawgan (tel:01637 860593).

Incidentally, to avoid unecessary complications, 'Moorland House' is shown on the OS and Land Registry maps as 'Moorlana House'!

I shall send my transcriptions of the Parish Council minutes for 1907 onwards by separate email attachment.

I hope this information is useful.

Best wishes

PS You have probably heard that gave a long speech on the lane at the Parish Annual Assembly on April 27th.

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