chronlogy of evidence - cornwall

Chronology of Evidence the history of the Lane over which the application route runs known as Rectory Road, Rectory Lane, the Lane from Lanvean to the

School or more recently Church Lane.

Rec no.

Date & Record Description of evidence

1 (1748/49) Thomas Martyn Map (∗CRO Ref. AD1145)

A photograph of the relevant part of the map was taken. The river known as Menalhyl can be identified as the black line running through the centre of the hamlet identified as Mawgan. The scale of the map is considered too small for it to be useful for identification purposes.

2 (1777) A Plan of Lanherne Mansion House (CRO Ref. AD1043/2)

The plan appears to be facing in a south-south-westerly orientation and the application route is shown leading off the page by what is shown to be a ford with footbridge. There is a blue line which can be taken to infer the land boundary of the Arundell estate.

3 A Plan of Lanherne Mansion House (date not shown on map but it is inferred to be a working copy of the 1777 plan) (CRO Ref. AD1043/2)

The plan is also in a south-south-westerly orientation and markedly similar to the 1777 plan and shows buildings within the estates land curtilages. The map is in colour and depicts what is shown to be a coach road across the lane which can be identified as the application route. The land either side of the application route is labelled as part of the Glebe.

4 (1794) https://historicengland.org.uk/lis ting/the-list/list-entry/1144134

Lanherne Manor House and grounds became a Carmelite convent in 1794 but the land remained under the ownership of the Arundell estate.

∗ Cornwall Records Office document reference number

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https://historicengland.org.uk/listing/the-list/list-entry/1144134

https://historicengland.org.uk/listing/the-list/list-entry/1144134

5 (1826/27) The Greenwood Map (CRO Ref. AD197)

A photograph of the relevant part of the map was taken. The scale of the map is too small for it to be useful for identification purposes. A + symbol is shown which can be indicative of the Church, which appears to be in the wrong place and obscures the site of the application route.

6 (1840) Tithe Map Diocesan extract and Apportionment records

(TM/141 & TA/141))

The Tithe Map and apportionment roads which are shown across the application route are coloured with sienna wash which can be indicative of ways which have the status of public roads on these standards of maps. Apportionment plot no. 1306 & 1307 appear to be braced with the lane where it meets the ford. Apportionment plot no. 1306 is described under Landownership,

, occupied by as land described as

‘Halcorn Moor’. Apportionment plot no. 1307 is described under Landownership,

occupied by himself and , as land described as ‘Lawn and Mill Leat’.

7 (1840) Tithe Map Parish Extract

(CRO Ref. P141/27/2))

The Tithe Map and apportionment roads which are shown across the application route are coloured with sienna wash which can be indicative of ways which have the status of public roads on these standards of maps. Apportionment plot no. 1306 & 1307 are not shown to be braced with the lane where it meets the ford. Apportionment plot no. 1306 is described under Landownership,

, occupied by as land described as

‘Halcorn Moor’. Apportionment plot no. 1307 is described under Landownership,

occupied by himself and , as land described as ‘Lawn and Mill Leat’. It appears that a boundary is shown crossing the application route where it leaves the ford and next to the letter ‘N’ on the map. It is difficult to understand what this boundary represents.

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8 OS First Edition 25 inch Coloured County Series map XXXII.6

Metalled Roads are shown within four classes of roads; First class, Second Class, Third Class and Un-metalled Roads. Bold line and dotted line indicates whether a highway is fenced or unfenced.

9 OS First Edition 25 inch Colour County series XXXII.6 (1880) map sheet (approximately 1:2500 metric equivalent.)

This map is distinctly similar to the Six Inch County Series 1st Edition Cornwall XXXII.6 and shows colouring for features such as rivers, buildings and classification of standards of roads. This map also shows the dense tree cover in the area illustrated by sparse tree symbols. The lane over which the application route runs is not coloured and is shown to be bounded on either side of the lane with a continuous line which is indicative of its classification on this map as a fenced, third class, metalled Road.

10 Ordnance Survey Six Inch County Series 1st Edition Cornwall XXXII.6 (1888) map sheet prepared at a scale of 25” to a mile (approximately 1:2500 metric equivalent

The way can be identified in its entirety as following a feature marked as an enclosed track.

A benchmark can be seen at the connection with the road at Lanvean. The unbroken line which is present can be indicative of the existence of a gate.

11 (1894) Francis Frith photograph St Mawgan Carnanton Woods Bridge

(Ref. 33538 from Francis Frith Collection)

The photograph which is in black and white shows a footbridge crossing the river Menalhyl and it clearly shows a gate which appears to be in the position of the claimed way. A gateway is shown in an approximate position along the way. The photograph does not show whether or not the gateway was locked or whether it was a temporary or permanent feature. Interestingly this photograph appears to show wheel marks leaving the river.

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12 A2 Frances Frith Photograph dated 1894 submitted by

& as evidence

Photograph dated 1894 of the footbridge and bottom of the land -clearly showing a gates in existence at the southern connectivity above the ford.

13 Postcard dated (1902)

St Mawgan Carnanton Woods Bridge submitted by

supporting his evidence.

This postcard is based upon the Frances Frith photograph and although it is in colour, the quality of the reprint is shown to be grainy and at a lesser degree of resolution.

14 Cornwall Records Office Ref: ACC 6721

Conveyance 1902

Is a deed of conveyance over the land to become the Churchyard adjoining St Mawgan Church. The conveyance includes a map which has been prepared for the legal document which it is perceived to be traced from the OS first edition 1:2500 mapping survey. The main roads appear to shown coloured orange and the application road is shown to exist but uncoloured in the same treatments as the other roads in the village.

15 A3 A photocopy extract from publication Vale of Lanhearne by

. ISBN 907566456 A guide to St Mawgan dated 1903 -refers to the Gates at the top of the lane (page 47)

‘… This particular hill is commendably brief. The road soon dips into a hollow, where you will find a farm-Lanvean. “the little enclosure” – a picturesque thatched and whitewashed cottage gleaming against a background of tall elms, and (as often as not) a lady artist intently sketching the same. Below is a gate through which a steep path descends into the village again. The Rectory stands high on the left, an uncompromisingly Gothic building for which responsible. The old Parsonage stood lower down-an Elizabethan house. “very picturesque and exceedingly inconvenient,” writes one who spent his childhood there.”

16 Cornwall Records Office Ref: A deed from

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ACC 6721 regarding the terms of the Churchyard. The deed includes a

Church Land for Graveyard 1904 map which shows in detail the roads around St Mawgan Village coloured orange. This map shows the application route coloured the same as the other roads in the village. The map appears to share the same definitions as the OS first edition 1:2500 map but has been hand drawn with the name of the cartographer shown.

17 Bartholomew half-inch map sheet 37 Cornwall (1903)

The map although at a smaller scale shows the settlement of St. Mawgan and the lane is identified through the key as having the attributes of a secondary road. The application route is shown to have the status of a highway on this map.

18 Ordnance Survey County Series 2nd Edition Cornwall XXXII.6 (1906-1908) map sheets prepared at a scale of 25” to a mile (approx. 1:2500 metric equivalent)

The second edition mapping data appears to show the existence of a gate at the entrance to the lane at the Lanvean end where it has a bench mark identifying a structure such as a wall or gate.

19 (27 March 1907)

(IMG_001)

St Mawgan-in-Pydar Parish Council Minute book extract

“… asked who was responsible for the road from the school footbridge to Lanvean Gate. said it was not a private road. When the late

, built the Rectory he asked the Highway Board to send 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 District Council would take it over and keep it. The thing could be done by private subscription. The Chairman thought the District Council responsible for the road if not kept in good order. held that the Rector was responsible for the road, and, in his opinion as the speaker, should have seen to it that it was put into proper order when he took

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possession of the Rectory. The removal of the gate and posts also showed the Rector’s responsibility. thought the District Council responsible.

asked for the remedy. mentioned other similar roads which were in a far worse state than the one under discussion. commented that it was the fault of the District Council and they should wake up. After a lengthy discussion proposed and seconded that the Rector, the be asked to repair the road from the school footbridge to Lanvean gate...”

20 (31 March 1908)

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“… 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 be not 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 in case the gates were locked? said the Rector’s proposal was an impossible one and would not answer under any circumstance. The Chairman adhered to his former opinion 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. “

21 (1909/10) District Valuation Survey under the Finance Act 1904/05)

The lane is shown as uncoloured from the road at Lanvean to where it meets the ford.

Hereditament 178 shows the land owned by the Rectory unbounded on either side of the uncoloured road.

The ford and river and a section of verge is under hereditament 128 under

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landownership of Convent. The footbridge appears to be uncoloured also. At the entrance to the lane from the road at Lanvean on the OS County Series 2nd Edition Cornwall XXXII.6 (1906-1908), there is an unbroken line which can be indicative of a structure such as a gate which has a benchmark. It is unclear whether this indicates a gate or a change of surface.

22 Postcard dated (02.09.1913)

Frances Frith Mawgan, Carnanton Woods Bridge

The Postcard states: "Dearest . Just received your letter. Will answer it tomorrow. Have been out all day. A lovely drive. Came thro. these woods. You have had all the rain. Quite fine here. Sorry to hear about . Hope its nothing serious. I have quite recovered from my fall. We have had a fine picnic today. 14 of us. Plenty of snapshots. Long letter from . this morning with all the latest. Fondest love. "

23 (26 March 1923)

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“… The matter of the Roads was referred to. The repair would cause heavy expense, a very interesting discussion took place, but it was agreed that the heavy Tractors caused much damage, stated the expense of Mawgan Roads would amount to more than three times as much as three parishes of the same size as Mawgan…”

24 (1929) Handover map The handover map was introduced through changes under the Local government Act 1929. The application route is not shown to be included on the map as a road at adoptable standard through the handover of publically maintainable roads.

25 (30 March 1932) “Roads … A discussion arose with regard to the

IMG_004 bad condition of various roads in the Parish sand it was resolved to instruct

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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, Trevenna, Trebleath and Tremouth.

2. The road from Trevenna Cross to Mawgan via the Rectory and Penpont

3. The road from Higher Tolcarne to Lowreys Mill.

4. The road from Lanvean to Mawgan via the Church room….”

26 (12 April 1932)

(IMG_005)


“… I am instructed by the Mawgan-Parish Council to draw attention to the very bad condition of the following roads in the Parish and this Council earnestly hope that immediate steps may be taken to repair same.

1. The road from Mawgan Porth to St Columb via Gluvian, Trevenna, Trembleath and Trenowth on the north side of the Parish

2. The road from Trevenna Cross to Mawgan via the Rectory and Penpont

3. The road from Higher Tolcarne to Lawrey”s Mill

4. The road from Lanvean to Mawgan via the Church room

I am also requested to point out the need for a signpost at Higher Tolcarne directing motorists to Mawgan and for readjustment of the signpost at Trevenna Cross which at present is very misleading and causes many motorists to go to Bolingey instead of Mawgan… I am further instructed to bring to notice that the school footbridge is in urgent need of repair and is considered dangerous in its present condition…”

27 (Appendix A1) in & landowner evidence

St Mawgan-in-Pydar CP School photograph dated (1935)

The photograph which is taken from St Mawgan-in-Pydar CP School playing field and appears to show the lane in the background and it shows a gate in between two trees. It is unclear whether the gates are placed across the lane and whether the gates were locked.

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28 (21 Oct 1947)

(IMG_006)


“… Rectory Road 3. After some discussion with regard to the Rectory Road leading from Lanvean to the School it was proposed by seconded by and agreed that the Chairman and Clerk interview the Rector to ascertain whether he would be willing to waive any rights which he may have over this road with a view to it being ultimately taken over by the Cornwall County Council…”

29 (25 November 1947)

(IMG_007)


“… The Clerk having reported that he had seen the Rector with regard to the Rectory Road from Lanvean to the School, it was resolved that a letter be written to the Diocesan Registrar to ascertain whether permission would be given to dedicate the road to the public as the Rector, although personally willing to waive any rights which he may have over the Road, could not give consent to this without authority…”

30 (30 March 1948)

(IMG_008)


“… 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 the same. This proposition was seconded …”

31 (3 June 1949)

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Item 10. Rectory Road

“The Clerk was instructed to make enquiries as to the ownership of Rectory Road as the Council is of taking steps to bring to the notice of the Owners, the very bad state of repair of this Road.”

32 (22/02/1951) The application route is not shown in

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Original Parish Survey this survey. FP/409/19 is shown from connection with FP/409/18 through Carnanton Woods to the junction with the road at St Mawgan-in-Pydar School.

33 (19 Jan 1954)

(IMG_010)


“To discuss the state of the road leading from Lanvean to the school and consider whether any action can be taken to repair the same”

“… 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 repair the same” After some discussion asked whether the County Education would contribute to the cost of repairing the road. stated that a year ago the committee had 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 that no satisfactory reply had been received as the registrar required an undertaking with regards to his costs before making a search through the papers held by him.

asked whether any improvements could be made by draining the road…

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 approached to give his opinion as to Repairs Drainage and estimated costs… The Chairman said that he would get in touch with the surveyor in accordance with the above resolution… It was also suggested the perhaps old Tar-mac might be available from the Cornwall County Council. The Chairman said that he would mention this matter 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 from “The Rectory Roads Improvements Committee” with powers to add…”

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34 (9 March 1954)

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Meeting of the Rectory Road Improvement Committee

“… The Chairman reported that he had met the Divisional Surveyor of the Cornwall County Council on the spot. He stated that the surveyor had said that as a footpath there was nothing much wrong with the Road, but that he had suggested that all the watercourses be found and cleared so that the water would be prevented from running onto the Road. The surveyor also thought that if the hard-core from the watercourses be placed in the low places in the Road it would show an improvement. He further stated that the County Council had no old Tar-mac available, but that had some road metal available. In the opinion of the surveyor the Road could be put in a reasonable condition for approximately £10, if voluntary labour was available… stated that he had seen who had no objection to his material being used. The question of payment to be left to the Committee. also suggested asking for volunteers to clean out the watercourses. The Committee adopted this suggestion and it was agreed that this work be dome on Saturday the 20 March next commencing at 2pm... offered to send one man to help with this work and the following members of the Committee volunteered to assist :-

… suggested that

be asked to help with this work and agreed to approach him on the

matter… It was resolved that be asked to assist for half a day

and that he be paid for doing so. The Chairman said that he would ask

to do this. The Clerk stated that there were no funds available to pay

and the members of the Committee mentioned above stated that they would pay themselves… It was agreed that the members of the Committee would ask any other interested people to assist in the work

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of cleaning the water courses. In conclusion, the Chairman said that when he was interviewing the Divisional Surveyor with regard to the Road he had enquired whether or not the County Council was responsible for the Road in front of the house occupied by

and that the surveyor had said that in the past the County Council had repaired the Road as far as the house. It was agreed to defer further consideration with regard to the Rectory Road until the Annual Parish Meeting.”

35 (17 September 1957)

(IMG_012)

“… It was resolved that a letter be written to thanking him for cleaning up the Rectory Road i.e. the road leading from Lanvean to the School footbridge.”

36 (30.08.1958) Photograph of

Wedding Submitted by

A photograph submitted by shows the wedding couple with

car and chauffer 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').

37 (19 Aug 1960)

(IMG_013)


Street Lighting

“19. The Engineer reported that following the Council’s acceptance of the recommendations of the Street Lighting Sub-Committee he had obtained quotations from the South Western Electricity Board for the work required. He has also prepared a scheme from the improvement of lighting at Trenance, St

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Mawgan.

The quotations were as follows :-

4 lamps, St. Mawgan ) 2 “ St. Enoder ) 3 “ St. Mewan ) 6 “ St. Gorran )

7 lamps, Trenance, St. Mawgan. 1 lamp, ditto (removed to another site)”

38 (14 Jan 1964)

(IMG_014)


Riverboard works at St Mawgan

“The Clerk reported that he had approached the River Board with regard to the construction of the ramp near to the school at St Mawgan and he stated he had been informed by the engineer to the board that:-“The ramp which it is proposed should be constructed In the roadway adjacent to the wall of the school playground will entail the raising the road level approximately 2 feet over a distance of 10 feet and then from gradual slopes to the ford on one side and the original road level on the other. 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.”

39 (10 March 1964)

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“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 proper steps to bring the matters before the authority.”

40 (12 Feb 1969) Letter from

to Cornwall County Council

“… We can say for certain that the roadway coloured green on the plan does not belong to the Church Commissioners. Whether or not it forms part of the Benefice property is a matter for investigation. Should there

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be evidence of ownership by the Benefice the claim of the Incumbent to the roadway would have to be supported by one or more Statutory Declarations and any Grant by him would be under Section 9 of Church Property (Miscellaneous Provisions) Measures 1960. The Incumbent could only exercise his power under that measure with consent of the Church Commissioners, the Patron, the Dilapidations Board and the Bishop… If your Council or the Purchasers wish an investigation to be carried out we must ask, as a condition precedent, that your Council will be responsible for all expenses incurred by the incumbent. So far as we are aware he has no records showing that the roadway belongs to the Benefice and we should have to refer the matter to the Diocesan Glebe Committee to inspect and report… Since the Purchasers’ Solicitors think that the roadway is owned by the Church we suggest that they state their grounds for so thinking… If this matter has to be referred to the Glebe Committee and the various consenting parties mentioned in the Measure we shall require several further copies of the plan.”

41 (14 Oct 1970) Street Lamps

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“ 9.) The Clerk was instructed to communicate with St Austell Rural District Council with Regard to provision of street lamps at: 1. Near the Car Park at the Falcon 2. On the Post near the school 3. Near “Trevelyan Bungalow”

42 (10 June 1971)

A letter from the St

Mawgan-in-Pydar, Newquay to unknown recipient

Appendix A4 of Landowners evidence

”Dear Sir, Plans are now in hand for building a new rectory for this benefice. The Diocese board have now approved the plans and will be submitting them to the landowner in the near future. It being intended to (sic) build on Rectory land, in fact the site of the Elizabethan Rectory. The land between this site and the river was formerly Glebe land and

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sold to a man by the name of . A small bungalow has since been built on it and the only access to that bungalow is through the ford, the river or up the private lane. When the Rectory is built a substantial amount of work will have to be done to render the private lane suitable for access to the Rectory. This lane was formerly more than 20 years ago gated at both ends and the gate locked one day of the year. The gates have vanished long since. Three years ago the County Water Board put in a hard bottom the ford to give access to the owner of the bungalow, but the road….”

43 (6 July 1973)

Statutory Declaration by on behalf of the Diocese

Appendix A8 of & evidence

“… I of , St Mawgan-in-Pydar

near Newquay in the County of Cornwall DO SOLEMLY AND SINCERELY DECLARE as follows:-

1. I am years of age and have lived in the Parish of St. Mawgan-in-Pydar all my life.

2. I am Clerk to the Parish Council of St. Mawgan-in-Pydar Parish Council and have been actively concerned with St. Mawgan-in-Pydar Parish Church and Church property all my life. For many years up to 1970 I was a churchwarden of the said Parish Church and because of my close connection with Church affairs in the said Parish I am familiar with St. Mawgan-in-Pydar Rectory and premises which I identify on the plan marked “A” annexed hereto and thereon verged red and also the glebe lands belonging to the Benefice of St. Mawgan-in-Pydar which lands are verged green on the said plan and the roadway coloured blue on the said plan which belongs to the said Benefice.

3. Throughout the time that I have known the said Rectory it has been in the occupation of the Rectory it has been in the occupation of the Rector for the time being of the Benefice of St. Mawgan-in-Pydar and throughout

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the time that I have known the said Rector or he has been in receipt of the rents and profits therefrom. The said roadway has always been considered to be the property of the Church and I have never heard of any claim adverse t the title of the Rector thereto or to his title of the said Rectory and premises and glebe lands.

4. I do not know of any reason why the present Rector should not sell the said Rectory and premises and glebe nor grant easements under or over the said roadway. And I make this declaration conscientiously believing the same to be true and by virtue of the provision of the Statutory Declarations Act 1835.”

44 Appendix A5 of & evidence

Land registry extract CL20664 for Langweath House situated at the top of the Lane. Highlighted BLUE- Refers to conveyance 1956 when land was sold by the Church to and details covenant detailing NO RIGHT OF ACCESS to retained land which includes would include Church Lane. Highlighted in PINK- Refers to conveyance 1973 detailing specific rights of access over the Lane (see full 1973 conveyance also attached as A7)


Copy of conveyance dated 28 Sept 1973 between Church and

, sale of Old Rectory. Page 4 of 4 Details the creation of a private Right of Way on foot over the lane for the benefit of the purchaser.

46 10 October 1973

(IMG_017)


“4. An application by the Rector for another Bungalow on land near the new Rectory – PC objected: a) That the only access to the building

would be by means of the Rectory Lane…”

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Copy of conveyance dated 14 Nov 1973 between Church and

, sale of land adjacent to the Old Rectory and Church Lane. Details the right of the purchaser to use a section of the private Right of Way created for the benefit of

in Sept 1973 (refer A6)

48 (14 Mar 1974)

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“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.”

49 (13 February 1980)

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“16. It was resolved that a letter be sent to and pointing out that a tree from the Old Rectory has damaged the drainage in the road outside the Church Room at St Mawgan and requesting them to take the appropriate action as Agents for the Diocese as it is understood that the road is the property of the Diocese in view of the fact that certain repairs are carried out when the new Rectory was built a few years ago.”

50 (Appendix A9) of & evidence

Copy of correspondence between of Diocese of Truro and

of Church Commissioners in London dated (23 January 1985). Refers to:

i) lane was blocked once a year in the past ii) the existence of signs indicating private status of the lane

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51 (25 June 1985)

Letter from and Solicitors and

Commissioner of Oaths to .

“(b) It is confirmed that the roadway to the side leading to the school is an entirely private road. There are no registered public rights of way and no obligation on the County Highway Authority to maintain. Your rights in this respect are somewhat vague as discussed when we met though you have rights with and without vehicles to and from the school and rights along a marked section of the road for agricultural purposes, contributing a fair proportion according to the user.”

52 (9 Jan 1991)

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Church lane


“15. 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 and as the Lane is Church Property the Clerk was instructed, as an act of courtesy, to advise the Diocesan Authority accordingly.”

53 (21 January 1991)

Church Lane, St Mawgan

Letter from (Divisional Surveyor Cornwall Council)

(Appendix A10) of & evidence

I refer to your letter dated 12 January 1991.

The above lane is not shown on our records as having any public status. I think you are correct therefore when you say it is private.

“Access only” signs are only used by the highway Authority where a statutory traffic order has been made to that effect, is one would have to go through the procedure similar to bringing in traffic orders such as waiting restrictions one-way or speed limits. I have consulted the County Surveyor”s Transportation Engineer and he tells me that an order would not be appropriate in this case mainly because most of it is a private road.

There is nothing to prevent the local residents erecting signs reading “Private Road, access only”, provided they erect them on the private section and not on

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the County Council section.”

54 (13 Feb 1991)

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“3. g) Church Lane, St Mawgan – The Clerk read a letter from the divisional surveyor of the County Council explaining that a sign indicating “Access only” would not be appropriate in this lane, mainly because most of it is a “Private Road, but that there is nothing to prevent the local residents to erect signs reading “Private Road” access only” provided that they erect them on the private section of the road and not on the County Council section. The Clerk also stated that he had sent a copy of his letter regarding the matter to the Diocesan Secretary but that he had not received a reply…”

55 (18 Feb 1991) Letter from (Diocese of Truro) to , Divisional Surveyor C.C.C.


“I refer to the Parish Council’s letter of the 12th January and confirm on behalf of the Diocese of Truro that we would have no objection to ‘Access only’ signs in the lane.”

56 (20 February 1991) Letter from as Clerk of St. Mawgan-in-Pydar PC to of the Diocese of Truro


“Further to my letter of the 12th January, I enclose for your information a copy of the letter from the Divisional Surveyor of the County Council.”

57 (21 Feb 1991) Letter from (Divisional Surveyor Cornwall Council) to the Diocese of Truro


“… I refer to your letter dated 18 February 1991. I enclose herewith for your information a copy of my reply on this matter to the Clerk to St Mawgan-in-Pydar Parish Council. You will see that I leave the question of signs to the residents as the lane is private… I have forwarded a copy of your letter to the Parish Council for information.”

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58 13 March 1991

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2. (d) Church lane, St Mawgan - The Clerk read a letter from the Diocese of Truro confirming that it will have no objection to “Access only” signs in the lane.

59 Minutes of an open meeting between members of the public and the Diocese to address concerns with the prospective sale of the Rectory and the lane dated 6 July 2009

The meeting was held by and ,

27 members of the public were present and was in attendance. The meeting was a public forum to discuss concerns raised regarding the sale of the Rectory which mentions the inclusion of the lane within it title. It was included in the minutes; ‘… Questions were raised and concerns expressed regarding ownership of the lane and agreed to clarify ownership with the Diocese Property department. It was noted that all present properties in the lane had established access rights over the lane and their title deeds would show their property boundaries…’

60 Letter from (dated 09 May 2011)

“As a resident at Trevenna Cross I use the private road from Lanvean Cottage to the Post Office. I understand that this will not be possible for much longer and would like to voice my objection.”

61 Letter from ( ) with no date but submitted with the application in 2011.

“I am writing to you to stress my dismay in hearing that Church Lane has been barricaded with a gate… I rode up and down Church Lane on my horse in my childhood, I hope that the Parish Council will help and take on this matter, as I feel that this lane should be kept as a right of way for all.”

62 Letter from accompanying her user evidence form in 2011

“May I take a moment of your time to explain my feelings regarding the track/lane referred to as ‘Church Lane’.

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I was born and brought up in the village and now live in Porth just outside Newquay however I have ridden horses all my life, my current horse resides on the outskirts of St Mawgan village… I ride for pleasure and naturally will use roads, tracks, and lanes that have little or no traffic and up until just recently this lane was a favourite it doesn’t take you anywhere but has a nice view and takes you off road for a while…”

63 Evidence submitted with user evidence form

dated 06/05/2011

includes in support of her user evidence form; a photograph of a steam-traction engine traversing the lane, a photograph showing street lighting along the lane and a copy of two map extract forwarded by

showing the 1929 handover map and an extract of an OS master map showing St Mawgan village.

Letter from including a photograph of the blacksmith’s shop situated at Lanvean in which she states; “…Please find enclosed a well-known photograph of the Old Blacksmith Forge in St Mawgan. Due to the forges location access for horse drawn vehicles, was via the lane linking Lanvean with the village pub etc… This lane was the only access route for horse drawn vehicles from Tolcarne and St Columb area. The alternative route involved a sharp bend with severe gradient on the road.”

64 Letter from (8 May 2011)

“… I have resided in the village of St Mawgan since I was born in 1982 until the present day… I have always used a particular lane in the village of St Mawgan which I believe is called Church Lane. This lane runs from the top of the Lanvean Hamlet down to the village ford… I used to walk up and down this lane from as early as I can remember. My mother will confirm she used to push my brother and me up and down the lane in our prams 28 years ago… I have

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been riding my horses and ponies up the lane since I was four years old. My mother used to collect me from St Mawgan Village School with my pony and I would ride with her up the lane towards home. The lane would make an enjoyable scenic circuit; passing the village shop where we would it our ponies play in the ford and enjoy riding around the village. Everyone in the village and surrounding areas that owned horses would ride up and down the lane. I remember how exciting it was when we attended the school to see horses ride past and continue onto the lane… My mother used the lane to do charity pony rides for St Mawgan Village School during their fate each year… I have ridden my bike up and down the lane from a very young age with my brother and all my friends from the village… We used to play in the woods

residence… When we had a fire at our cottage in the village we temporarily lived in one of the Lanvean Farm cottages and I would use the lane to walk up and down to catch the school bus as did my friends and my brother… We would regularly use the lane to drive down as a short cut into the village and it used to be exciting as children to

lane to reach the field along with my friend and ride in the field. We would then ride back up the lane towards home… It was up until about 2004 that riding horses up and down the lane became impossible due to the verbal abuse you received from the residents. I have continued to walk my dogs up and down the lane to the village shop until recent complications out a stop to this… As far as I am concerned this lane was for public use. Whether you were walking, riding horses or riding bikes. I never received

belonging to The Old Rectory as children when our friend lived there so used the lane to access his

drive through the ford at the bottom… In 2003 allowed me to ride in her field which is adjacent to the village river. I would ride my horses down the

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any reason stop oppose this until around 2004 when the residents of Church Lane tried to stop the public using it.”

65 Evidence submitted by (formerly

Chairman of St Mawgan-in-Pydar Parish Council) on 30 July 2011, is a statement of truth to accompany his user evidence form in support of the Parish Council’s submission to add a section of byway open to all traffic between points A-B on the application plan.

• appended to this statement extracts from (the 1907 Ordnance Survey map and an older Tithe Map dated 1840s). claims both these maps show Church Lane in what appears to be its current form and width, and it is apparent that the Lane has existed for a very considerable length of time.

• It is claim that the Lane had been used as a public right of way by pedestrians, horses and motor vehicles since he came to the village in 1976, and he claims to have used it by car on perhaps a monthly basis. Sometimes this was in the course of visiting residents along the lane, and sometimes as a short cut between the Post Office and St Columb Major.

• comments that had this application been made before the Natural Environment & Rural Communities Act came into force in 2006 (NERC Act), then the appropriate designation for the Lane would have been as a ' Byway Open to all Traffic '. The question which this application raises, therefore, is whether one of the two exceptions [NERC s.67 (2) (a) and /or (e)] arises contrary to the presumption in the Act for the removal of the right to use the Lane with motor-propelled vehicles (MPYs) [NERC s.67 (I)] so qualifying the Lane for 'by-way open to all traffic' status.

• states that the first

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of these exceptions [NERC s.67 (2) (e)] would occur if the Lane had been used by MPVs prior to 1 December 1930. He further adds that the date is now some 81 years distant, evidence of such use is understandably hard to come by. addresses a point of evidence that during the Second World War, military vehicles used the Lane, and indeed , from Trevelyan, has informed the Parish Council that a gate above the ford was demolished by such vehicles in 1943.

• comments on evidence submitted by (

) that, in the 1920's, her father owned one of the first cars in the village and used to drive the residents of Tolcarne House (in Higher Tolcarne) to church using Church Lane and parking above the ford. It is

view that he would not have been the only car-driver to have used the lane.

• states that the second exception is under [NERC s67 (2) 9a)] as to the presumption against MPV depends upon the main use of the lane within the five years before the Act came into force. In this regard he claims that it cannot be asserted that the main use of Church Lane between 2 May 2001 and 2 May 2006 was an 'equine' use. He further states that the sole question would appear to be whether use by pedestrians or use by MPVs constituted the main use during this period.

• considers that the erection of a concrete bottom ford in the 1950s or 1960s was indicative of a vehicular right of

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way existing across the lane. He considers in his view that the authorities would not have gone through such undertakings if the Lane was a private lane with restricted access.

• refers to the third and fourth documents appended to this statement which are extracts from the Parish Council's Minute Book dated 27 March 1907 and 31 March 1908.

• In opinion these extracts explain how the then

, came to assume responsibility "for the upkeep of the Lane which had previously been the

the rector's responsibilities in regard to the upkeep of the lane appears to have lapsed in later years, it possibly raises the question as to whether the Diocese ever truly owned the

recent years, when the question of the Lanes upkeep has been raised with the Diocese, all responsibility was disclaimed, a fact made known to me by a

Master at St Mawgan School.

• It is view that MPV

responsibility of the ' Highway Board'. states further, as the performance of

Lane and was in a position to convey it to . It appears to that the Lane was not formally registered at the Land Registry until shortly before purchase of the Rectory, and the likelihood is that only possessory title has been granted. In observations certainly in more

previous parish council chairman, , and also by a long-standing resident of the Lane, who was for many years Head

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use of the Lane be not extinguished as a result of the NERC Act 2006. He adds, Church Lane is a second route into the village from the northern side, and in the event of the main road through the village being blocked for any reason (and as happened earlier this year when there were roadworks at Penpont), it provides a valuable access or egress for local people who are aware of its existence and who would otherwise face a long diversion via Mawgan Porth or St Columb Major. He considers, restrictive signage might also prove confusing for emergency services. It is view that it cannot have been the intention of Parliament to extinguish MPV routes of long-standing and which serve a useful purpose for local communities when enacting the NERC Act, and it would appear perverse if an application to have Church Lane added to the Definitive Map as a 'BOAT' would have succeeded in 2004, but could be unsuccessful in 2011.

considers that on the balance of probability Church Lane was already being used by MPVs prior to 1930, and it is impossible to state with certainty that pedestrian use of the Lane was more significant than MPV use in the five years before the Act ' bit' on 2 May 2006. Therefore states the appropriate designation when the Lane is added to the Definitive Map is as a ‘by-way open to all traffic’.

additional evidence includes:

• A copy of an OS 1888 map showing the village of St Mawgan including the

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application route in question.

• A faded copy of Tithe Map in the approximate location of the application route.

• Three pages taken from St Mawgan-in-Pydar Parish Council minutes dated 1907 and 1908.

.

66 Landowner Evidence Form on behalf of & M

12 April 2012

Q5 - Comments of Owner and /or Occupier.

A public right of way is being claimed over land we have owned since July 2010. We purchased the property from the Incumbant of the benefice of St Mawgan, with St Ervan and St Eval ("the Church") on the understanding and belief that the access road being referred to as "Church Lane" was;

& claim to have given permission to the public’s use of the way subject to conditions and new signage had been erected in 2011. It was their understanding and belief that the access road being referred to as !Church Lane” was;

i) Private and owned by the Church ii) For access only to certain properties

located alongside the lane iii) That any previous use by the public

had been with the permission of the previous landowner.

iv) That the previous owner had not at any time intended to dedicate any part of the land, including the lane, for public use.

No information or details have been made available to us regarding the basis upon which the claimants are making their case.

The claim of a right of way over "Church Lane" came into question after we took action to prevent certain use of the lane by closing and locking an existing gate

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across the way for a brief period in April 2011 in the position marked in BLUE on the attached map. Subsequently we closed the gate but did not lock it.

As the new owner of the land with no personal direct knowledge of the history or historical use thereof our opinion over the validity of the claim to a public right of way has had to rely upon our own investigation into the facts during previous ownership.

Our conclusion from this investigation is that the evidence refuting a claim to a right of way is compelling and we therefore do not agree that public rights exist over our land.

Our reasons in drawing this conclusion are as follows:

The land over which the claimed right of way (ROW) passes was previously the residence of the Rector of St Mawgan parish and owned since at least the 19th century by the Church.

Through investigation it is clear that the public had good cause to use the claimed ROW for access to church property, including the Old Church Hall owned by the benefice until 1993 which was the venue for many public meetings and functions.

It seems most likely from the body of evidence we have gathered that claimed public use was in fact "under licence" in that the public were engaged in permitted access by the owner, in much the same way as the public visit the parish Church.

Considering the four tests for presumed dedication under S.31 of the Highways Act 1980 we feel it is important to bear in mind the changing social and community trends and attitudes towards the Church over the past 100 years and the role of parish Rectors in village life. At the turn of the 20th century a great

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deal of life in the parish was run by the local church. St Mawgan village primary school was a church institution owned by the Church, and a large proportion of the land adjacent and around Church Lane was glebe lands worked by tenant farmers and the community would likely have had much greater need for access to the Rector by visiting his residence.

During the 2nd World War land owned by the Church adjacent to "Church Lane" was turned over to production of food and farmed by locals as part of the war effort. Shortly after the war Church influence on village life began to decline, with the School thereafter run by the county education authority and the progressive sub-division and sale of glebe lands. From the accounts of residents whose properties are located on the lane, many of whom have lived there for more than two generations, use by the public of "Church Lane" has either been permitted or contested over many years. Under the Highways Act 1980 s.31, the use "As of Right" proviso would seem challenged by statements that indicate the users were at times using force by ignoring directions by those authorised to do so by the landowner, were possibly secretive in using the lane on the pretence of permitted use when in fact they were not (i.e. looking as if they were accessing the Church Hall when they were actually just short-crossing over the land) and in the alternative were given permission by the landowner.

Evidence also suggests the "without interruption" proviso is clearly challenged going back at far as we can find to the 19th century.

i) Several documents refer to gates being situated on the lane up to around 1945 and were locked at times.(see attachments Al,A2,A3,A4,A9)

ii) Some users were turned back at times by the owner and those

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authorised to do so by the owner (see statements of residents attached)

There is also sufficient evidence to show a clear lack of intention on the part of the Church as the landowner not to dedicate the way to the public. The attached conveyances specify that the Church as the Vendor intended to keep the lane private and control access through the granting of easements and access rights. To grant such rights would be contrary to any intention to dedicate the way for public use:

i) Conveyance dated 16 Feb 1956 specifies no "right of access" for the purchaser over any land retained by the Church including "any drives, paths or ways theron or thereover", which would include Church Lane. (Attachment A5)

ii) Conveyance dated 28 Sept 1973 grants an easement for the benefit of the purchaser creating a private Right of Way across the whole length of the Church Lane. (Attachment A6)

iii) Conveyance dated 14 Nov 1973 grants the right to the purchaser to use a section of the lane, therein specified as a Right of Way due to the easement created 28 Sept. (Attachment A7)

iv) Conveyance dated 3 Sept 1993

rights of use to part of the lane (document not attached)

v) Signs were displayed indicating the private nature of the lane over periods of time prior and up to sometime in the mid 1970's and from 1991 onwards. (see attachment A9 and attached Statements from residents of the

(sale of Old Church Hall to and ) grants

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lane) Supporting our conclusions and as evidence for the Authority's consideration we have included attachments as follows:

A1 A1 School Photograph dated 1935 - Clearly shows gates at the bottom of the lane in the background

A2 Photograph dated 1894 of the footbridge and bottom of the land - clearly showing gates in existence on the lane.

A3 Photocopy extract from publication Vale of Lanhearne by Charles Lee. ISBN 907566456 A guide to St Mawgan dated 1903 -refers to the Gates at the top of the lane (page 47)

A4 Copy of handwritten letter by , incumbent rector

of St Mawgan dated 10 June 1971. Refers to the fact that

i) only access to bungalow is through the ford or up the lane,

ii) the lane is "Private" iii) the condition of the lane surface iv) is not In a good state and that "a

considerable amount of work will have to be done to render this 'Private' lane suitable for access ... "

v) past existence of Gates on the Lane and they were locked at times of the year.

vi) The hard bottom of the ford was put in 3 years previous (1968) "to give access to the owner of the bungalow"

Note: the old photocopy of this letter appears to be incomplete

A5 Land registry extract CL20664 for Langweath House situated at the top of the Lane.

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Highlighted BLUE- Refers to Conveyance 1956 when land was sold by the Church to Lady Boyle

and details covenant detailing NO

RIGHT OF ACCESS to retained land

which includes would include Church

Lane.

Highlighted in PINK- Refers to Conveyance 1973 detailing

specific rights of access over the Lane

(see full 1973 conveyance also

attached as A7)

A6 Copy of conveyance dated 28 Sept 1973 between Church and

, sale of Old

creation of a private Right of Way on foot over the lane for the benefit of the purchaser.

Rectory. Page 4 of 4 Details the

A7 Copy of conveyance dated 14 Nov 1973 between Church and

, sale of land adjacent to the Old Rectory and Church Lane. Details the right of the purchaser to use a section of the

A8 Copy of Statutory Declaration

with attached plan. Details extent of land owned by the Church at that time.

A9 Copy of Statutory Declaration made

private Right of Way created for the benefit of in Sept 1973 (refer A6)

made by

by with attached plan. Details extent of

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land owned by the Church at that time Copy of correspondence between of Diocese of Truro and of Church

Commissioners in London. Refers to:

i) lane was blocked once a year in the past

ii) the existence of signs indicating private

status of the lane

A10 Copy of correspondence between St Mawgan-in-Pydar Parish Council, Cornwall Council and Diocese of Truro referring to the erection of new signs on the Lane. The original letter from

could not be found but the subsequent replies clearly infer the content of that letter.

Statements:

S1 - Owner and resident of

S2 - Owner and resident

S3 – Resident ‘ ’

S4 - Owner and resident ‘

S5 - Owner and resident of

S6 - former owner & resident

S7 - former resident of

S8 - former resident of

67 S1 - Owner and resident of

Statement of Truth supporting and

evidence (17 January 2012)

“My name is and was born on 25th June

1932 in the village of St Mawgan where I have lived my whole life to the present day… The private access road currently referred to as Church Lane and now owned by is indicated marked Blue on the attached Plan A. As indicated it cuts across my property and current residence edged green on the same plan. To assist in the investigation into the history of the lane and the use thereof I am able to state

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the attached Plan A. The family property passed to my father upon the death of my Grandfather in

as follows:

On 4/12/1920 my late Grandfather purchased the glebe

lands from the benefice of St Mawgan in Pydar shaded in Pink on the attached Plan A, and as the immediate neighbour to the Incumbent Rector of the parish and remaining glebe and diocesan property my family have been familiar with the extent and use of Church lands since that time… Prior to my grandfather’s purchase in 1920 and the divestment of the Church School and the land for the residence of the Schoolmaster built in 1897 the extent of Glebe lands are shown edged Red on

1932, and subsequently the lands edged Green on the plan were bequeathed to me in 1957 whereupon I built a residence where I have lived and brought up my family with my wife to this day. Much of the history of "Church Lane" since the 2nd World War I can attest from my own recollection and prior to that from family history and general local knowledge. Prior to 1920 the only land adjacent to Church Lane not owned by the church was Lanvean Cottage. The lane was gated at both ends and was nothing more than a dirt path along the whole length. The lower section of the lane would have provided access to the Rectory across the footbridge for the Reverend and also to the old Church Hall building which still stands today having been converted to a residence Moorland House, shown marked Yellow of the attached plan. Some children at the time would no doubt have walked the length of the lane past the schoolmasters house (then owned by the church) to access the church school, as my wife did in the 1940's. In those days much was owned and run by the Church and parish Rector so people would clearly had good reason to use the lane to access the Rectory, Church Hall and the church

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school… I myself had brought a small lorry down the lane on the odd occasion with permission of the Reverend but by the time the new rectory building was

in 1971 the at the time thought the lane was so bad it would be unsuitable for access to his new residence. When the new rectory was completed in 1973 little was actually done to improve the land apart from directly outside the new Rectory and church hall and as I was in the business of ground works I offered to improve some of the problems of the lane by installing underground drainage lines to take away some of the surface water directly into the river. The reverend was concerned not to improve the lane to such a degree that it would encourage people to make unauthorised use of it so gave authority that I should advise any persons using the lane for other than good reason that it was not a public right of way. As rectors came and went many times over the rest of the 1970's and into the 1980s the attitude towards the use of the lane by the incumbent rector of the time also changed. In the mid 70's permission was given to some horse riders to make use of the lane for access into the village in the summer months. This was not welcome by the residents of the lane and when the new rectors came in during the 80s this permission was not continued. The last of the large elm trees that stood along the lane in the 1970's succumbed to Dutch elm disease and with those went the signs attached to them indicating the lane was "Private property" and was for access only to the church hall and residents of the lane… Around 1980 my daughter was

were not permitted general use of the lane any longer. By the mid 80's the condition of the lane was in a terrible state again and many letters were

being planned opposite the Church Hall

permitted to keep a pony on part of the Rectory property by

but sometime later after arrived in 1982 horses

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1986 under another new rector, the residents of the lane

contributed towards improvement works and resurfacing of the lane which I again carried out. made suggestions of putting bollards in the

exchanged between the residents of the land and the Diocese in Truro. The church it seemed was not prepared to pay to improve the lane as they were not keen to encourage further unauthorised use of the lane. The Parish council of the time were concerned about the problems with access to the Church Hall where we held our parish council meetings but

, who had been a long standing Church Warden and clerk of the Parish Council was most keen to ensure the integrity of church property. Around

lane to prevent unauthorised use by any vehicles as a result of the lane being more accessible although this was not done. Again I was authorised to advise anyone using the lane without good reason that the lane was private access only and not a public right of way and on occasion I turned people back from accessing the lane. Over successive years I continued to make improvements to parts of the lane often at my own expense or with contributions of concrete or tarmac from time to time… As the lane surface was improved it seemed more unauthorised users were starting to use the lane as a short cut in cars. In 1990, we were again without an incumbent rector for a time and given the increasing problem of unauthorised people trying to use the lane the parish council at the time tried to have signs erected to advise it was a private lane and "Access only". The residents were told the owner of the lane would be responsible for erecting signs so when moved in to the parish in 1991 myself and who lived at the old school house made up new signs for the

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Reverend and had them put them top and bottom of the lane. Since putting these signs up in 1991 signs have been

clearly on display top and bottom of the lane at all times. This has not prevented the increasing unauthorised use of the lane over time that has continued to cause a nuisance for residents over the years. Rev. Slee made attempts to solve the problem but the local Diocese have never been willing to put up the money to have the original gates replaced. Over the past 20 years I have continued to take the responsibility for maintaining the lane with the help of the other residents and have taken authority from the Rector a number of times to advise people that the lane is not a public right of way and have turned people back including those on horses and in vehicles. After being vacant for over 2 years the Diocese finally sold the rectory property including the lane to

in 2010. I believe that the facts and matters contained in this statement are true.

Signed: (17 January 2012)”

68 S2 -Owner and resident


evidence (17 January 2012)

“My name is the wife of and I live at

, our house located on the lane currently being referred to as Church Lane… I was born on in 1937 in the parish of Mawgan-in-Pydar and grew up during my school days during the war at Trevenna Cross, near the centre of St Mawgan village. and I married in 1958 and soon after built our current home located at the side of the Menalhyl river at bottom of the said Church Lane. We have raised our two children and lived in this home all these 54 years since that time. Naturally I have seen many changes over these years and living as we do across what is now being called Church Lane I can say with some conviction how the lane has been used since my earliest memories during the war. I attended school at the primary school in St Mawgan village and remember walking to school from Trevenna Cross which would take me

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down the hill and through the gate at the top of a path that we knew as School Lane past the schoolmaster’s house and the church hall… I remember some time towards the end of the war the gates at the bottom were damaged by the army and were removed. In those times the lane was a lot narrower than it is today, and it was always thought the lane was part of the church hall and the school as this was where the school master lived and on school days we would often come up the lane to the Church Hall from the school to be served soup for lunch by the vicar’s wife

… In the 1950s and his dad used to keep pigs in the field owned by next to the river at the lower end of the lane where we now live. After getting married and I moved into our newly built home in 1958 on land given to by his father. Thinking back to the 1960s can say that our property was in a very quiet part of the village and we hardly ever saw people coming and going up and down the lane in front of our house. The only people we did see were the

was something going on at the Church Hall such as dances or community events or parish meetings and the like. I can say that I don't think I ever saw a horse using the lane in the 1960s and there were certainly no cars coming up and down the lane as it was then just a muddy track and impossible to drive on. Our two children would have been primary school age in the late 60's and early 70s and often played out of the lane and in the river during the summer months. I remember on occasions the children would put rocks in the river across where the ford now is that would be there for days so there were certainly no frequent use of cars driving through the ford at that time. Throughout most of the 1970s and into the 1980s the lane was in a terrible

Vicar, the Schoolmaster and the family who were tenants at

further up the lane. The only other people were at times when there

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state, particularly in wet periods with a whole river running down it in the winter months. People going up to the Church Hall would have to wear wellington boots to get through the mud. After the new rectory was built next door in the 1970s my husband agreed to help sort out parts of the lane for the Vicar as we had excavators in our business to help with the work. Bits and pieces of work were done in parts over many years with a lot of effort and expense on our part before the lane was at all usable for pedestrians and vehicles alike. Of course, as the lane became usable more and more people gradually started to make use the lane on the premise of access to the church hall or residences, in cars and occasionally on horses when in fact they were using it as a cut through from the village up towards Trevenna Cross and Tolcarne. The many vicars we had over the years never had any funding or instructions from the Diocese to replace the gates that had been damaged all those years ago but it only became an issue with the increasing unauthorised use of the lane in the late 1980s. With the Authority of the Vicar we would often challenge people crossing the ford onto the lane but naturally we were not able to police the use of the lane all the time. The Church Hall became derelict and closed sometime around 1990 and when

moved to the village shortly after new signs were placed top and

horses were not permitted. The Church Hall was sold in 1993 to

and converted to a residence. The only reason to use the lane after

bottom of the lane indicating it was a Private Lane and Access Only and

that time was for resident access but many people took advantage and drove or rode horses on the lane ignoring the signs. This led to the occasional heated exchange when again, with the Vicars authority my husband advised people they should not be using the lane without good reason. The lane has been a controversial issue for residents over

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much of the last 30 years and now that owns the land he seems

keen to settle issues of usage and may be better placed than a regularly changing Vicar to manage things more satisfactorily for all.

I believe that the facts and matters contained in this statement are true. Signed: (17 January 2012)”

69 S3 - Resident


evidence (30 March 2012)

“My name is , I am years of age and live with my wife in St Mawgan, located on the private laneway being currently referred to as Church Lane. Over the years the lane has been referred to by different names such as School Lane or Rectory Lane so the reference is sometimes confusing. I have been asked to provide a statement about my knowledge of the history and use of the lane over time and I am pleased to offer this statement as follows: My wife and I came to St Mawgan village in 1956. Then age 33 I was taking up the position as new schoolmaster at the village primary school. We moved into residence at the schoolmaster's house Lanvean House that was then owned by the county education board and was much later to be sold to us. So we have lived here for over 56 years. Throughout this time it is my clear recollection that Church Lane has always been known to belong to the church and has been for private access only. The lane was the access onto church lands to the south west of the Old Rectory including the old Church Hall as well as being the shared access driveway to my property, and Lanvean Cottage next door. For many years I served on the Mawgan in Pydar parish council along with who was also a long serving church warden and well acquainted with all church property in the parish. Parish council meetings were held at the old Church

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Hall on the lane. staunchly defended church ownership and the private status of the lane which was clearly acknowledged by the parish council of the time. Also serving on the

who lives in a bungalow at the bottom of the lane. When I first took over the school in 56 there were a number of encumbrances over the school buildings retained by the Church which were later removed when the County Council bought the freehold, although permission for schoolchildren to use the lane was retained to access the playing field, which then existed near to Dalswinton House, and the school. Regarding use of the lane, until recent years there was little dispute about rights of way as the only people using the lane during the 1950's & 60s were the residents living on the lane. The lane was used for access to the Church Hall where private and public functions and meetings would take place on a regular basis. I do not recall seeing horse riders on the lane until sometime around the 1970s when it seems one or two of the new Rectors over that time were happy to permit this use, although this was never popular with the residents and in following years subsequent Rectors withdrew such permission. Motor vehicles did not start

into the 1980's after took up the task of helping the Rector of the time improve the drainage and the surface with donations from all the residents along the lane. Prior to this,

the upkeep of the lane over many years since. Towards the end of the 1980s the old Church Hall fell into disrepair and was closed. Around this time there was increasing concern about the

public and on behalf of the Parish Council applied to Cornwall Council to have new "Private, Access

parish council for a long period of time was

regularly using the lane until much later

throughout the 1970s and into the 1980 the lane was in a terrible condition.

has been mainly responsible for

unauthorised use of the lane by the

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Only'' signage put up. In the end it was left to the Rector and residents to erect the new signs as it was private land and I assisted in making up signs which were placed at the top and bottom of the lane where they have stood to this day. Whilst the signs have made clear the private nature of the lane since 1991 this has not completely stopped all unauthorised users which has become a frustration to the residents who have had to contribute to the upkeep of the lane to this day. I believe that the facts and matters contained in this statement are true. Signed: (30 March 2012)”

70 S4 - Owner and resident



“I am of situated on the private

lane in Lanvean, St Mawgan being referred to as Church Lane. I would like to provide this statement to assist in the investigations into the history and use of the said Church Lane. I am years of age and moved in to

with my late husband in 1993 after mother moved

out to live with her daughter. The cottage later came into our ownership before passed away in 1999. mother, affectionately known as

" was a tenant in the cottage and lived here for over 60 years since 1931-32 raising her family of6 children. grew up as a child here in Lanvean cottage and I first came here myself when I met in 1954 before we were married. My recollections of the lane at that time are that it was much narrower than it now is and the only people that used the lane were the Schoolmaster next door and the family living at the cottage. Occasionally people would also come down the lane to access the Church Hall further down the hill. In the late fifties I remember

building a new house on land opposite the Schoolmaster house that had been purchased from the Church and building his new

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house at the bottom of the hill next to the river. and I were married in 1957 and we moved into a home at Treggurian not from St Mawgan village

Inn and caretaking at the St Mawgan primary school. She also took in laundry to wash so there were frequent visitors to Lanvean cottage coming up or down the lane on foot. Whilst I recall visitors and neighbours walking the lane I never

During the 1960s we were often at cottage and my children attended

a playgroup at the Church Hall on the lane and would be regular visitors to "Gran's cottage". was very hard working, with jobs at the Falcon

saw a horse using the lane up until the 1970s. I remember the day when a

came to ask permission of Mum to bring a group of horses down the lane. Mum didn't consider herself in a position to refuse as she would say she was only a tenant so she agreed at the time, although thereafter we realised it was a regrettable decision to permit the horses as the noise inside the cottage with the horses going by from time to time was quite shocking. The horses only came down a few

rode a horse up the lane to see her Gran as they were not permitted up the lane. Cars and other vehicles were never seen using the lane in the 60s but I remember a time before the new rectory what built of the shock of hearing trying to get his

would clatter against the cottage walls as he tried to get past. The lane was hardly wide enough for a car let alone a lorry but thankfully this happened only one or two times. When it was very dry it was sometimes possible to take car down the lane to the river but I

weeks in the summer but a few years later a new vicar put a stop to the horses using the lane. My niece was once told off when she

small lorry down the lane as his mirrors

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remember challenging saying it was not a through road. In the 1970s after the new rectory was built there was the occasional vehicle going

down to the Church Hall or to the rectory to visit the Vicar but the condition of the lane surface was so muddy for most of the year it would not have been safe or passable for regular use especially after the horses had been down a few times and churned up the surface. People coming to the Church Hall would generally walk up from the bottom and if they had a car this was parked across the river near the Falcon Inn or the school. In the 1980s there was a lot of complaining and trouble over the state of the lane at many times of the year, and residents were not successful in getting the church to pay for the upkeep to improve access to the Church Hall from the bottom of the lane until volunteered his time to the vicar along with donations from other residents to put in drainage and a better surface. Over the years

also resurfaced sections at the top of the lane but his led to problems with more people using the lane as a cut through. Some of the vicars over that time let it be known that people were not permitted to use the lane as a cut through but of course this could not be policed all of the time. By the time the Church Hall was closed down around 1989 there was no excuse for most people to be coming up the lane. As things came to a head the parish council got involved in putting signs up on the lane saying Private Lane Access Only and no horses. These signs were put up in 1991 a couple of years before Mum died and and I moved into the Cottage. Unfortunately the signs did not solve the problem of people taking advantage of the lane as by now it was possible to drive the full length most of the year when the river was not too high. Occasional horse riders also ignored the signs which led to the occasional heated discussion when attempts were made to stop the horses and turn them back. I have called the Diocese many times and also written letters complaining to them that they should do more to stop the

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unauthorised use of the lane by putting up gates. Despite the efforts of the Vicar this was never done so we had to do our best to inform those using the lane to take notice of the signs and only use it for access.

I believe that the facts and matters contained in this statement are true. Signed:

(31 March 2012)”

71 S5 - Owner and resident of



My name is . My wife and I are former

in St Mawgan. In 1993 we purchased the derelict old Church Hall from the Diocese of Truro and Parochial Church Council and converted it to a residence that we named Moorland House where have lived to this day. Moorland house is situated on a private lane currently referred to as Church Lane opposite what was until recently the Rectory. We have now lived at Moorland house over 18 years and I can state that throughout this whole time signs have been in place and clearly visible at the bottom of the lane next to the ford across the river, and at the top of the lane where meets the public road. The signs have made clear the lane is private, for access only and horses are not permitted. I believe that the facts and matters contained in this statement are true. Signed:

(31 March 2012)”

72 Letter from accompanying her user evidence form in 2011

“My name is ), I have lived in the village all my life years in fact… Concerning the lane known by some as Church Lane & others as School Lane, I would just like to say that all my life people have been walking, horse riding and driving up & down this lane. I myself as a child would walk up and down this lane with the school as our sports field was located beside the entrance to “Dalswinton”. As a teenager working for the then “Merlin Stables” I would

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73Statement from

ST MAWGAN-IN-PYDAR’

74Statement from

ST MAWGAN-IN-PYDAR

regularly escort rides through the village & up the lane, it was a two hour ride that we did at least twice a day. When I acquired my own horse I would also ride that way regularly. My daughter used to ride that way until the abuse she received began to really spoil her rides. The man who lives at the bottom of the lane has a daughter who when younger also used to ride up & down that very same lane, there were also a family called who lived further up whose daughter rode the lane every day.”

also includes with her statement as evidence a faint extract of the Tithe map of the area surrounding St Mawgan village. Full extract of her evidence can be seen at APPENDIX E3 pages # to #.

“My family’s use of this lane goes back to the mid-1960s. It was often used as a route to Trevenna Cross where we had friends who ran a farm. Children from that area travelled to the primary school down Church Lane, whether by cycle or car it was the much more convenient route. Vehicles of the 1960’s and earlier always found it very hard to get up and around the bend up the hill towards Lanvean on the lane from what was then the Post Office… At one time the Community Centre in the lane was the home of the pre-school playgroup and many families used the lane for access… When we lived in St. Mawgan we would also use the lane to go to St Columb or St, Eval, either for visiting friends at St Eval in R.A.F. quarters, or visiting the surgery or shopping in St. Columb. In 1968 my husband opened his first shop in Bank Street St. Columb and would use Church Lane to go on service calls before going to the shop. There were two horse riding establishments nearby who used the lane on their hack

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routes and I rode out with both of them several times of the year… A couple of winters I stabled a horse at Lanherne Farm and a friend and I rode up and down Church Lane many times on the various routes we took… For 15 years I was on the Cornwall Committee of the British Horse Society, as County Bridleways Officers for 7 years of that period. I am therefore well acquainted with many of the routes around the county, and particularly around the St. Mawgan, St. Columb and Newquay area… In the 1990’s my horse was stabled at

Livery Yard, near Newquay. Most weeks in the autumn and winter and about once a month spring and summer, a few of us would ride out to Watergate Bay, up through Merbain Caravan Park, along to Polgreen Hill up through the ford to Retorrick Mill bridleway, then up the hill and down into St. Mawgan via Church Lane. Usually we bought a drink at the shop and then the route back would be up the hill by Lanherne Farm to the main road/ or along the unclassified road to Polgreen and back down through Tregurrian to Trebelsue Farm and to Hendra Paul. Sometimes we would vary the route to go through the fields along Church Park and the bridleway through the caravan park to the beach then up the main road to Trevarrian and back down to Watergate… Since 2000 with the increased use of Watergate Bay this journey has largely lapsed to winter season use only, and pretty sporadic. However we have boxed over a few times and ridden part of the route and now I ride a village horse several time a week and usually include this in the route… Over all these years whether as a resident or visitor, Church Lane has been considered a thoroughfare for all users should they wish to exercises their rights. Anyone attempting to tell

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75 S6 - former owner & resident


evidence.

you otherwise was politely told that as far as we understood the situation Church Lane is a roadway.”

“As requested this is my recollection of the ownership and use of the Lane that runs from the ford across the river at St Mawgan village and up adjacent to Langweath House, the property that my late husband and I owned for 10 years at Lanvean… As can be seen from the attached copy of correspondence from our solicitor at the time of purchase in 1985 it was always clear to us that the lane was privately owned and belonged to the Church/vicarage. The responsibility for upkeep went to the vicarage, but residents who used the road would contribute to the upkeep of it. The church never seemed keen to fulfil their maintenance obligations and

who lives at the bottom of the lane did most of the repairs/maintenance with some help from the residents to try to keep the lane safe for residents to use it for access. They did this as unpaid work… I can state that over the time we owned Langweath House the lane had only been used for access and not general traffic. I remember clearly a number of occasions when some users of the lane were turned back by the Vicar or

and also my late husband

was also told off once for taking a horse up the lane.A few years before we sold the property in 1995 there were new signs put up stating the lane was for private and for access only which helped to stop some of the misuse thereafter. I believe the facts

had cause to remind people of the private nature of lane and tum people back onto the public road. Horses were also not permitted to use the lane and I remember one time a young lady who's grandmother lived at the small cottage on the lane being told off when she once came to visit on a horse. The lady Camanton, at

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and matters in the statement to be true. I hope this will be of help and if you need any further assistance please do not hesitate to contact me.”

76 S7 - former resident of


evidence (10 April 2012)

“… My name is , I am years of age and grew up with my parents in the village of St Mawgan at the home where my parents still live, Trevelyan. As a child I went to St Mawgan-in-Pydar primary school and spent much of my childhood playing out in the lane in front of our house in the river. I am able to say that as a child during the 1960s and 1970s I do not remember cars or other vehicles coming through the river and up the lane and it wasn't until the 1980s after my father had done a lot of work for the Vicar repairing the lane that cars would really be able to drive up to access the Rectory and occasionally up to the old church hall… People would walk up the lane to access to the vicarage or to the church hall as well as the residences at Lanvean Cottage and Lanvean House further towards the top of the lane but a Jot of the time it was so muddy you would hardly be able to cross. I can clearly remember there was a period of time during the summer in the mid-1970s that trekking ponies were allowed across the lane but this was later stopped and when I had my pony Dolly some time later around 1980 I remember having to ask permission from , the vicar at the time, to keep her in the lower section of the rectory property. I was never allowed to ride the pony up the lane although some years later I was permitted to take dolly up to field toward the top of the lane. Unauthorised use of the lane became an increasing problem over time and despite new signs being put in the lane when moved to the parish this has continued to this day. This has caused the occasionally argument and problem when people, horseriders or drivers were turned back on the lane. I believe that the facts and

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matters contained in this statement are true and hope this will help in sorting out the facts regarding the use of the lane over time. Signed (10 April 2012)”

77 S8 - former resident of Trevelyan


evidence (10 April 2012)

“My name is . I am years of age, was born and grew up

in the village of St Mawgan with my sister Ann in the home where my parents still live, Trevelyan on the lane being referred to as Church Lane. I went to St Mawgan-in-Pydar primary school as a child and as we lived directly beside the Church Lane that leads up to the old church hall and rectory I have a clear recollection about the use of the lane over time during the 1960s, 1970s and into the 1980s. The lane was most often a very muddy track and in the winter months there would be a stream that would flood, running down part of the lane from where the old church hall stands. I remember as a child that the lane would become so muddy that anyone trying to walk up the lane would need wellington boots to get across. I can state that the lane has always been known to be private and owned by the Church until it was sold in 2010. The lane was only used for access to the old Church Hall, the Rectors residence and the other houses along the lane. Those regularly using the lane would be the Rector of the time, the residents and those accessing the properties along the lane and on occasions the public attending meetings and functions at the old church hall. The Rector would also have regular visitors. From the time the new Rectory was built in the early 1970s my Dad, did a lot of work for the Rector to improve and maintain the lane. This benefited all those residents on the lane but as the lane became easier to cross it also appeared to encourage the unauthorised use of the lane to cut through across the village. I don't recall any horses using the lane until the 1970s. I can confirm that on a fairly regular basis over the

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years my Dad has turned back numerous people trying to use the lane without good reason or permission and did so to assist the Rector of the time as part of keeping the lane in good order. In making this statement I believe that all facts and matters contained herein are true. Signed:

(10 April 2012)”

78 Statement of Truth by

(11.11.2013)

1. I was the Rector of St Mawgan-in-Pydar Parish from 1991 to 2002 and during that period I lived in the Church property known as “The Rectory”, St Mawgan, with my wife and son

. 2. Adjoining the property known as “The

Rectory” was and unmade road, or lane, which served as the access for “The Rectory” and for all other properties along the lane, from both ends.

3. Repairs to this unadopted road were occasionally undertaken by residents, principally , who occupied the property known as “Trevelyan”, at the bottom of the lane. This was done in consultation with the relevant residents at the time, not particularly with me as Rector.

4. When other utlilities, such as South West Water, had to dig up and repair the road outside “The Rectory”, no permission was sought from me.

5. During my period as Rector, whenever I enquired of Diocesan officials about the Diocese contributing to the repair of the road, I was told it was not owned by the Diocese and therefore not Diocesan responsibility.

6. While I was in residence as Rector I was not aware of any evidence of the road being in Church ownership.

7. At no time during my incumbency was I approached as Rector for permission for access through or to any of the gates or other entrances to residents” properties or land.

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79 Supporting evidence submitted by is set out in a letter dated 16 December 2013

“… 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.

All the documentary evidence we quote below is either contained in the Cornwall 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.

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 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).

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always without resolution. However, in 1973 , a Church

History 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,

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

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

status as the Parish Council Clerk, emphasising his length of service, thus imparting extra weight to his statement.

, the Council’s own Clerk, had made his

omission is worrying when it is considered that , in his Statutory Declaration, stresses his

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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 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

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road to Mawgan Porth. 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;

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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; St Austell 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 Restormel 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 tarmacadam 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, , 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 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

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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.

also include as additional supporting evidence:-

• 1777 Plan of Lanherne House • Transcribed extracts of St

Mawgan-in-Pydar Parish Council minutes dated, 21 March 1907, 31 March 2008, 40 March 2008, 30 March 1932, 23 March 1948, 3 June 1949, 19 January 1954,26 August 1960, 14 October 1970

Documented evidence of vehicular traffic using the lane in transcribed extracts from St Mawgan-in-Pydar Parish Council Minutes dated; 31 March 1908; 31 March 1908, 10 March 1964, 14 March 1979, 9 January 1991

80 has submitted as supporting evidence a chronology of documents titled; ‘Abbreviated History of Rectory Lane’, which he considers relevant to demonstrate that the lane has public access rights.

• A plan of Lanherne Mansion House dated 1777

• Minutes of St Mawgan-in-Pydar Parish Council 27 March 1907




• Minutes of St Mawgan-in-Pydar Parish Council 3 June 1949

• Minutes of St Mawgan-in-Pydar Parish Council 19 January 1954

• Evidence of street Lighting being provided along the lane by the Local Authority

81 Letter from 20 July 2014

“From the age of 5 years (1965 – 70) until leaving primary school we use to use the lane twice a day on foot or by car to and from the school. As a teenager we used to use the hall for

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social events such as wedding and discos, and obviously had to excess (sic) the hall via the lane. As an adult my older children attended the playschool when it was in the hall again we would walk or drive up the lane. For many years on a daily basis we would ride down the lane on our horses, and again when helping at the local horse stable use to trek with about 10 horses up and down the lane at weekends.”

82 Letter dated 20 July 2014 from including

colour coded chronology of perception of ownership during

period as clerk and a letter from

includes a summary showing the relevant Parish Council Minutes during the time was Clerk. states that it was on the basis of a Statutory Declaration made in 1973 by that the Church/Diocese was able to register the Lane in 2010 to allow it to be sold with the Rectory. comments that the matter of ownership might not be considered relevant in the deliberations regarding the modification order application.

states further that the status of this Lane as public byway/highway was dramatically affected by this last minute registration. It is claim that this road has been used by all forms of transport and foot passengers for well over two centuries without hindrance and that it was only the Diocese action in 2010, and

actions subsequently, that have necessitated the need to apply for a modification order.

forwards a letter from has been included with the supporting evidence at subsection 4.20

83 Letter dated 4 August 2014 from including

an extract of the St Mawgan-in-Pydar CP minute book dated 10 December 1963

“…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…… of vehicular traffic to the ford”. This demonstrates that the road was definitively open to all traffic

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in the 1960s and we know from the 1908 Minute, traffic was it at the turn of the century because the Parish Council was concerned that if the gates were locked the cottages on the road would not get their coal. The number of times that 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!).”

84 E-mail 9 March 2016

includes with his e-mail a letter from the solicitors and commissioners of oaths on behalf of the Church Commissioners, namely ‘ ’ to the Clerk of Cornwall County Council written in 1969. states that this letter was written (four years before the statutory declaration by

upon which the Diocese relied to claim title and register the lane in their name in 2010).

The letter states, “… We can say for certain that the roadway coloured green on the plan does not belong to the Church Commissioners. Whether or not it forms part of the Benefice property is a matter for investigation. Should there be evidence of ownership by the Benefice the claim of the incumbent to the roadway would have to be supported by one or more Statutory Declarations and any Grant by him would be under Section 9 of Church Property (Miscellaneous Provisions) Measure 1960. The incumbent could only exercise his power under that measure with the consent of the Church Commissioners, the Patron, the Dilapidations Board and the Bishop… If your Council or the

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Purchasers wish an investigation to be carried out we must ask, as a condition precedent, that your Council will be responsible for all expenses incurred by the incumbent. So far as we are aware he has no records showing that the roadway belongs to the Benefice and we should have to refer the matter to the Diocesan Glebe Committee to inspect and report… Since the Purchasers’ Solicitors think that the roadway is owned by the Church we suggest that they state their grounds for so thinking…. If this matter has to be referred to the Glebe Committee and the various consenting parties mentioned in the measure we shall require several further copies of the plan.”

85 Statement of truth from dated (5 May 2016)

“I understand that you are collecting evidence about past and present access to and use of Church Lane, St Mawgan. I am the former Deputy Head and Head Teacher of Treviglas School in Newquay. My wife and I came to live in St Mawgan parish when I took up that position in the autumn of 1980, first at Gluvian and then at Trenance. We have used Church Lane both on foot and by car regularly throughout the past 35 years… When we were at Gluvian, our daughter was just four years old and my wife took her to the playgroup which was then held in the old parish hall towards the bottom of Church Lane. Most of the time they walked there via footpaths and either came down Church Lane from the top to reach the hall or up from the bottom. If the weather was particularly wet or cold my wife would take our daughter there by car, usually driving down the lane and then returning back to the top end but sometimes, if using the post office or shop, she wold continue through the full length of the lane and through the ford… For a while our son was at St Mawgan school and we continued to use the lane from time to time. We became good friends with and

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who lived the top of Church Lane and visited them both on foot and by car right up until death in 2015, accessing the lane sometimes from the top and sometimes from the bottom. I also used the lane when for professional reasons visiting the disabled son of a former rector living in the New Rectory… I used to take Ektachrome slide film for processing to a gentleman who lived at Lanvean and would then use the lane to get down into the village, usually by car, and passing through the ford unless the water was too high… On no occasion in all those years was there ever a suggestion that use of the lane, by pedestrians or vehicles, was restricted. There were never any signs to that effect nor notices indicating that its use was under any permissive limitation. To our great surprise, a few years ago, notices appeared indicating and continued to pass through the lane when necessary, usually on foot but sometimes by car. We were never challenge or stopped but the sudden appearance of gates gave us even greater cause for concern. We could not understand how an apparent right of way which village residents older than ourselves remembered using from their childhood could suddenly be restricted or even blocked in this way. We hope that the situation can soon be resolved to allow unhindered use of the lane as had always been the case.”

86 Letter from dated (28 May 2016)

“… I was born in 1944 and brought up in the Parish of St Mawgan. I attended Pendennos School followed by Newquay Grammer and in 1962 I joined the staff of Lloyds Bank, Newquay… In my youth I can remember accompanying my mother on numerous occasions to various functions at St Mawgan Church Hall. We used to get by car to these functions and drive up the lane to the Church Hall and park outside the hall.”

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87 (09.06.2016) Statement from

“As far as ownership of the lane is concerned, whenever I asked the Diocese if they would repair the lane, they said it was not their responsibility, so I was surprised to hear that they had included all or part of it in the sale of the Rectory. That is not to say, of course, that their solicitor could not subsequently have discovered title.

At no time did I give residents of the lane authority to challenge the public's use of the lane on behalf of the Diocese. Nor was I ever asked for permission to erect signs across the lane on behalf of the Diocese.”

88 (15.06.2016) User Evidence Form and Map

states in his UEF that he became Rector of St Mawgan and St Eval in February 1991 until June 2002. He claims that there was no gates, notices, obstructions or verbal challenge during his period of incumbency. He claims that his use was in exercise of a private right due to his position as Rector.

89 e-mail 11 June

2016 including postcard dated 1913 which shows the Frances Frith photograph of Mawgan, Carnanton Woods bridge

presents the transcribed text of the postcard as: "Dearest Just received your letter. Will answer it tomorrow. Have been out all day. A lovely drive. Came thro. These woods. You have had all the rain. Quite fine here. Sorry to hear about . Hope its nothing serious. I have quite recovered from my fall. We have had a fine picnic today. 14 of us. Plenty of snapshots. Long letter from . this morning with all the latest. Fondest love. "

90 (13.06.2016) Statement of

“I was never formally aware that the Diocese owned the lane - it was used by

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all for vehicle and pedestrian (and horseriding), access to the Rectory and the Church Hall and other properties in the lane as well as a popular through route. Parents delivering children to the school were frequently driving cars up or down the lane.

I was never instructed to notify that the lane was private and for access only.

Nobody ever asked me for permission to use the lane.

I lived in the Rectory (following ) from 1979 until 1981.

I never saw notices erected in the lane.

I never gave permission for notices on the lane or verbally challenged public use.

The field below the Rectory was never in my ownership (as far as I knew) It was occasionally cut (by the family I believe) Yes horses were frequently brought to graze in the field- again by the family I seem to recall.

The lane was frequently used by horse riders in my time at St Mawgan.”

91 (13.06.2016) Statement of

“I was not aware of the Diocese being owners of the lane – but obviously they could have been because the new Rectory was built on glebe land on the other side of the lane to the Old Rectory.

I was never instructed to notify the public that the lane was private and for access only.

Members of the public did not seek permission from me to use the lane when walking and driving from Lanvean to the school, shops, post office, pub and church.

I was appointed Rector of the Benefice

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and began living at the St. Mawgan Rectory on 3rd February 1982. With my family I moved from the Rectory on January 10th 1986 to take up a new appointment with HM Home Office Prison Chaplaincy.

I do not remember there ever being notices of any kind being erected in the lane during the years I was incumbent.

Nor did the occasion or reason arise for me to give permission to individuals to erect notices on the lane or verbally challenge the public’s use of the lane. Villagers daily used the lane to access the school, post office and shops and, of course, the church. It was my habit to drive up the lane to the Rectory through the ford (other than when the river was in spate!). Visitors to Rectory too used the same route.

The lane was also used by parishioners and visitors when attending events and meetings in the building opposite the Rectory – which in my time was the Parish Church Hall.”

92 E-mail from 16 June 2016 which included a copy of Ordnance Survey 25 inch County Series 1st Edition Cornwall XXXII.6 (1881) and associated key.

“… the map is dated 1881, the key had five grades for road classification, the orange appeared to be tarmac, interestingly the road at the top of the lane which leads to Trevenna cross is also marked as tarmac. The map shows the Smithy opposite the Methodist Chapel and just below Penpoint. The horses had to come down the lane in question to go to the smithy for shoes as they could not make the corner junction on the hill above the blacksmiths shop. Horses were used long before cars and needed shoeing… The most interesting map has sadly not reproduced terribly well and that was the Arundell map showing the plans to build the house and gardens, it showed the river and two crossing places, one bridge and a ford which leads to the lane, due to the position of the river it looks like

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the ford leading to the lane in question…

… The most interesting finds include

1. The first ordnance survey map shows the lane in question at St Mawgan, in black lines the research assistant and I then looked up what the black lines signifies! The answer at the time Ordnance survey had a five tier road classification system !!! different colour signifying different roads, from motor ways to country lanes. Therefore it purely means the lane was not tarmaced but interestingly neither was the lane that it lead to, which leads to Trevenna cross and no one disputes that lane which has since been tarmaced!

2. The lane is shown on an incredible hand drawn map, relating to the

family a famously wealthy family who lived in the area in the 13th Century (they are the ones who built the Convent in St Mawgan.)

3. A map which clearly shows the Smithy.

4. A 1842 Tithe map which shows part of the lane being owned by a man called who rented it to the

, (That could be interesting for land registry to unravel if the Church says they owned it)

Therefore in conclusion the lane has been used by the community for literally hundreds and hundreds of years, I guess that is why they built the school at the end of it, as Children would have ridden to school long before cars were ever invented…”

E-mail from 17 June “… It has been suggested that the lane

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93

2016 in which she states; was laid with stone but not tarmac because they had trouble with not one but two water springs plus a stream that crossed it. A stream which some people can remember as flooding the Methodist chapel.”

94. E-mail from dated 22 June 2016 in which she states;

“… Can I draw your attention to community use as?

1. Moorlands House enjoyed a previous existence as a Parish Hall, it is unlikely a community resource would have been built on a private drive.

2. Public street lights were installed and maintained at the taxpayers’ expense again unlikely on a private property.

3. The 1777 Arundel maps as held in the County Records Office shows a coach route through school lane in St Mawgan.

4. A solid base was built for the ford to allow wheeled access.

5. There are numerous recorded accounts of horse drawn vehicles accessing the Smithy opposite the Methodist Chapel, this smithy is confirmed in a rare 1881 Ordnance Survey Map.

6. I enclose a key to the legend regarding maps from Ordnance Survey ref; http:www.ancestry-maps.com/page-legend.asp”

95. Supporting statement from dated 11 07 2016

“… : STATEMENT ON USE OF LANE On 1st January 1956 my father took up the position of Headmaster of St Mawgan CP School. We moved into the School House which is situated on the lane, some 300 yards from the school. Both my parents taught at the school until their retirement in 1980 and lived in the house until their recent deaths. My sister and I still own and use the house… When we arrived in St Mawgan, the Lane had already long been the subject of attempts by the

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Parish Council (PC) to establish ownership. The County Council (CCC) had installed street lighting. The Lane was used by the community to access the Church Room (now Moorlands House) which was a central feature of village life. The Church Room was used for a wide variety of meetings and events with free access via the Lane, on foot and by vehicle... School House was built in 1896 as 'the Schoolmaster's' house. In 1969, our parents bought the house from CCC, as sitting tenants. They changed the name to Lanvean House. Written into the deeds of the house is the right of access via the Lane. Our solicitor,

, Newquay, asked the County Council for verification of ownership of the Lane. The attached letter from

, solicitors for the Church Commissioners, to Cornwall County Council stated that the Church, at that time, did not claim ownership. The Church did not accept liability for the upkeep of the Lane. In the absence of an owner, the residents clubbed together in order to prevent severe deterioration of the surface and

contacts in the road haulage business, was well placed to do the work. Once the new rectory had been built some of the incumbents also contributed to upkeep of the lane in their capacity as Lane residents… When we moved to St Mawgan my father became a Parish Councillor. He served for many years and continued to attend meetings after

maintain access to their properties. of , with his

his retirement, writing a regular report for the Cornish Guardian. was the Clerk to the PC at this time and also a Churchwarden.

never gave the PC a reply, from either the Church or the County Council, to the task given to him as Clerk to the PC to obtain answers to questions of ownership and obligations of maintenance for the Lane, (indeed

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these questions had been asked long before we arrived in 1956). Yet in 1973, when the Church decided to sell the Old Rectory and build the new Rectory on Glebe land opposite the Church Room, he asserted that the Church had rights over the Lane in a Statement of Truth. Neither the PC nor the residents of the lane were aware of this document at the time. It only came to light during the recent disputed claim to small strips of land adjoining the lane… Horse riders, including residents, have always ridden up and down the Lane. The

family built stables in Langweath field and the girls kept a pony next to their property. It was in the 1990's, when farm started twice daily pony trekking rides with strings of horses going up and down the lane, that the residents took exception to the amount of damage which the trekkers were causing. It was way above the wear and tear hat had hitherto been normal. Questions were again asked of the PC by the residents who were concerned about the extra maintenance costs this increased usage was causing… A limited amount of vehicular traffic has always used the Lane for transit as well as for access to properties on the Lane. After the floods in the winter of 1963/64, which washed away the old footbridge and flooded the school, CCC did extensive protective work, creating the tarmac in front of the school, laying the concrete bed across the river where the old ford has been and tarmacking the exit onto the lane to the North… The Lane is clearly a long established way from the north side of the village to the South. It leads to/from the shallowest part of the river which is the natural crossing place.

being built, would suggest it has been in use for at least a thousand years!

11.7.16

The discovery of a Dark Ages burial site (excavated by in 1956) when Langweath House was

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order user form clarification Lane modification

Question 3. Our family has been resident on the Lane at Lanvean House for 60 years. We have therefore always had right of access. 3. j Until the Church registered the Lane in 2009 there was no owner. Questions 4.a, 4.b I have not measured the width of the Lane along its length. I estimate an average of 9'. Question 6.a

installed a gate outside his

built gates at the top and bottom of the lane that have not yet been shut. The gates and posts were cut down by irate villagers. There were no gates previously. Question 7 .a The residents who were concerned about excessive wear and tear on the lane put up 'Private Lane No Horses' signs in the 1990's as they tried to discourage pony trekking. has since put up various signs, both top and bottom, though now now only at the bottom of the Lane Question 8.a

house that he shut. He subsequently

outside his house when the road was placed a skip in the lane

closed at Penpont by SW Water works (Pumping station on map) This meant a 5 mile detour via Mawgan Porth to cross from one side of the village to the other. At this time he actually prevented the District Nurse from using the Lane across the ford by the school to visit a patient resident on the Lane.

Question 9.a When the Lane was registered to the Church in 2009, in order to sell the New Rectory, neither the Church nor the Land Registry informed residents that ownership had been claimed. It has been an established right of way

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for longer than the 60 years we have lived here.

Question 9.c has prevented motorists

from using the lane by blocking it with a skip and a gate. He has also tried to force horse riders to turn back. The earlier campaign by the residents to discourage pony trekking in the 1990s did not include stopping or preventing the use of the lane by horses. It was the number of horses, rather than use of the lane by horses, to which they objected.

Question 10.b The deeds of Lanvean House include right of access from the road via the lane. trekking rides with strings of horses going up and down the Lane, that the residents took exception to the amount of damage which the trekkers were causing. It was way above the wear and tear that had hitherto been normal. Questions were again asked of the PC by the residents who were concerned about the extra maintenance costs this increased usage was causing… A limited amount of vehicular traffic has always used the Lane for transit as well as for access to properties on the Lane. After the floods in the winter of 1963/64, which washed away the old footbridge and flooded the school, CCC did extensive protective work, creating the tarmac ramp in front of the school, laying the concrete bed across the river where the old ford had been and tarmacing the exit onto the Lane to the North. The Lane is clearly a long established way from the North side of the village to the South. It leads to/from the shallowest part of the river which is the natural crossing

being built, would suggest it has been in use for at least a thousand years!

place. The discovery of a Dark Ages burial site (excavated by

in 1956) when Langweath House was

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11.7.16”

Also included with the statement:

• Public Path User Form which demonstrates use has been in exercise of a private right of access

• Modification Order Map 1002 which shows the claimed route from Lanvean to a point before it meets connectivity with the ford.

• Statement on use of the lane as detailed above.

• User Form Clarification as detailed above.

way over the roadway to your property, we enclose herewith copy letter from the solicitors acting for the Church Commissioners for your observations.”

•

•

Copy of letter from + Map to

Cornwall County Council is the same document as described in paragraph 4.7.3 above, but this extract includes the associate map in colour.

• Copy of Cornish Guardian Article 19.4.03 “… A letter concerning the number of horses using School Lane queried whether it is a recognised bridleway. It was pointed out the repairs are carried out by the owners of the properties in the lane. The matter was referred to the department which deals with rights of way…”

Copy of letter from to

. “… With reference to the right of

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96. Supporting statement from dated 11 07 2016

“ : STATEMENT ON USE OF LANE On 1st January 1956 my father took up the position of Headmaster of St Mawgan CP School. We moved into the School House which is situated on the lane, some 300 yards from the school. Both my parents taught at the school until their retirement in 1980 and lived in the house until their recent deaths. My sister and I still own and use the house.

When we arrived in St Mawgan, the lane had already long been the subject of attempts by the Parish Council (PC) to establish ownership. The County Council (CCC) had installed street lighting. The lane was used by the community to access the Church Room (now Moorlands House) which was a central feature of village life. The Church Room was used for a wide variety of meetings and events with free access via the lane, on foot and by vehicle.

, Newquay, asked the County Council for verification of ownership of the Lane. A letter from

School House was built in 1896 as 'the Schoolmaster's' house. In 1969, our parents bought the house from CCC, as sitting tenants. They changed the name to Lanvean House. Written into the deeds of the house is the right of access via Our solicitor, the lane.

, with is contacts in the road haulage business, was well placed to do the work. As the resident with the furthest to travel up the lane (essential when

, solicitors for the Church Commissioners, to Cornwall County Council stated that the Church, at that time, had no interest in claiming ownership and therefore incurring liability for upkeep of the Lane. In the absence of an owner, the clubbed residents

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the river was running high) he also had the greatest need. Once the new rectory had been built the incumbent also contributed to upkeep of the lane.

When we moved to St Mawgan my father became a Parish Councillor. He served for many years and continued to attend meetings after his

either the Church or the County Council, to the task given to him as Clerk to the PC to obtain answers to questions of ownership and obligations of maintenance for the lane (indeed these questions had been asked long before we arrived in 1956). Yet in 1973, when the Church decided to sell the Old Rectory and build the new Rectory on Glebe land opposite the Church Room, he asserted that the Church had rights over the Lane in a Statement of Truth. Neither the PC nor the residents of the lane were aware of this document at the time. It only came to light during the recent disputed claim to small strips of land adjoining the lane.

Horse riders, including residents, ahev always used the lane. The girls kept a pony next to their property and rode up and down. In the 1990's, when Trembleath farm started twice daily pony trekking rides with strings

, in particular, took exception to the amount of damage which the trekkers were causing. It was way above the wear and tear that had hitherto been normal. Questions were again asked of the PC by the residents who were concerned about the extra maintenance costs this increased usage would cause.

A limited amount of vehicular traffic has always used the lane for transit as

retirement, writing a regular report for the Cornish Guardian. was the Clerk to the PC at this time and also a Churchwarden.

never gave the PC a reply, from

of horses going up and down the lane,

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well as for access to properties on the lane. This became more regular after the ramp was built in front of the school, the concrete bed laid across the river and the exit onto the Lane tarmacked following floods in the winter of 1963/64.

11 July 2016”

order user form clarification , Lane modification

Question 3. Our family has been resident on the Lane at Lanvean House for 60 years. We have therefore always had right of access. 3. j Before the Church registered the Lane in 2009 there was no owner.

Questions 4.a, 4.b I have not measured the width of the Lane along its length. I estimate that the width throughout is about 9 feet.

Question 6.a

house that he shut. He subsequently installed a gate outside his

built gates at the top and bottom of the lane that have not yet been shut. The gates and posts were cut down by irate villagers. There were no gates previously.

Question 7 .a The residents who were concerned about excessive wear and tear on the lane put up 'Private Lane No Horses' signs in the 1990's as they tried to discourage pony trekking. has since put up various signs, both top and bottom, though now only at the bottom of the Lane.

Question 8.a

outside his house when the road was placed a skip in the lane

closed at Penpont by SW Water works (Pumping station on map) This meant a 5 mile detour via Mawgan Porth to cross from one side of the village to the other. At this time he actually prevented the District Nurse from using the Lane across the ford by the

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school to visit a patient resident on the Lane.

Question 9.a When the Lane was registered to the Church in 2009, in order to sell the New Rectory, neither the Church nor the Land Registry informed residents that ownership had been claimed. It has been an established right of way for longer than the 60 years we have lived here.

Question 9.c has prevented motorists

from using the lane by blocking it with a skip and a gate. He has also tried to force horse riders to turn back. The earlier campaign by the residents to discourage pony trekking in the 1990s did not include stopping or preventing the use of the lane by horses. It was the number of horses, rather than use of the lane by horses, to which they objected.

Question 10.b The deeds of Lanvean House include right of access from the road via the lane.”

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chronlogy of evidence - cornwall

Documents