Objection to Pool CPO

Objection by:- The Cornish Stannary Parliament, 9 Coombe Park,
Bal Lake, Camborne, Cornwall TR14 0JG

e-mail:- info@cornishstannaryparliament.org
(Recognised by the Courts in Case No. 6TRO2285
Truro Crown Court, 2nd January 2007)

Closing date:- 21st November 2008 Date:- 19th November 2008

The Secretary of State for Communities and Local Government,
The National Unit for Land Acquisition,
Planning and Housing Division,
Government Office for London,
Riverwalk House,
157-161 Millbank,
London SW1P 4RR

Dear Sir/Madam,

It is requested that the Secretary of State reject the Order
on the following grounds:-

RCPO 4.5 Emerging Core Strategy and Area Action Plan Position

4.5.3 There is no reference to “The Statutory Code of Practice on Racial Equality in Housing” (CREH) – “areas of potential discrimination and disadvantage”, section 3.28 “audit of housing needs in the area it serves”. “Failure could amount to indirect discrimination” .

The plans with no reference to local needs and affordable housing constitute, it is contended, an infringement of section 19A (land use) of the Race Relations Act 1976, (CREH 2.58) and the Race Directive 2000/43/EC. (CREH 2.5).

The proposals need to give consideration to:- “conditions of human life and cultural sites” (Directive 2003/04/EC, Article 2 (f)).

The CREH at section 2.2 quotes Sir William Macpherson’s definition of institutional racism:-

“…the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origins. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping”.
(Stephen Lawrence Inquiry, February 1999, Cm 4262 - 1).
It is respectfully considered appropriate to inform the Secretary of State that the Cornish language, now officially recognised, is a very important cornerstone of Cornwall’s Celtic culture and ethnic origins.

Unfortunately, despite “processes, attitudes and behaviour” on the part of officials of the state, the Cornish people continue to be subjected to the centuries of direct and indirect institutional racism as is apparent in the classification of Crown Land throughout the United Kingdom except Cornwall as the Crown Estate in the service of the public, whereas, Crown Land in Cornwall is classified as the Duchy of Cornwall, a profit orientated private estate.

The CREH Code at section 4.15 (b. v) “To ensure that the actual effects of a policy do not exacerbate or result in inequalities between racial groups.

The public is entitled to know:-

(a) the powers to be made available to local authorities to control second homes to prevent the breakdown of social cohesion, and

(b) the priorities for affordable homes with assured section 106 agreements possibly in conjunction with the Duchy of Cornwall to develop policies as a parallel to the publicly beneficial policies of the Crown Estate elsewhere in the United Kingdom in the areas of affordable housing and coastal management in Cornwall.

Before authorising the request for the CPO, it is contended that the public is entitled to know the likely impact of the government’s policies, especially in the areas of Water and Environmental directives as well as human rights, culture and world heritage considerations.

The Planning and Compulsory Purchase Act 2004, Schedule 4, para. 2 (c) states:-
“This part applies if the developer is the Crown or a person acting on behalf of the Crown. (The Crown includes Duchy of Cornwall, Town and Country Planning Act 1990, section 293).

To what extent does Schedule 4, para. 2 (c) of the 2004 Act apply in this case?

RCPO 3 - “Transport improvements”-

“The scheme for which the RDA needs to acquire the order lands”
“East Hill Junction Scheme” and RCPO 2.1.4. “Communications infrastructure” - The planned road will either go through the world heritage site or too close to permit visual appreciation and enjoyment of the site.

The plan must clearly provide for the road to avoid the World Heritage site by a very respectful margin or risk compromising the integrity of the already threatened Bartles Foundry in particular.

The accompanying SWERDA CPO map does not indicate the proximity of the World Heritage Site or the overall route of the road to ensure accuracy of intent and avoid possible misunderstanding and scope for unauthorised changes.

Public enquiry records of the South Crofty plans 6th September 2006 to 30th November 2006, Ref:- APP/YO815/A/05/1188295 (Kerrier PA04/00419/0), reveal SWERDA in a “symbiotic relationship” with Kerrier RDC, by which the Council was obliged to withdraw it Area Action Plan. Inspector: Mr Simon E.Gibbs.

It is recommended that the Inspector’s report be considered by the Secretary of State as relevant to understanding the complexity of the gross issues involved.

RCPO 4.6 World Heritage Site Status

PPG15, states:- “Inclusion in the list, does, however, highlight the outstanding international importance of the site as a key material consideration to be taken into account by local planning authorities”. (para.2.22) “The setting is often an essential part of the building’s character”. (para.2.16). Buildings, “may alter views of an historic skyline” . (para.2.17).

Consequently, the plans for the POOL area, as the central world heritage site for Cornwall, do not currently do justice to the world importance of Cornish Mining Heritage and should comply with the government’s own requirements for protection and conservation and those of “The UNESCO Nara Document on Authenticity, The World Heritage Convention” and ICOMOS.

It is to be hoped that a considerable contribution towards the success of the World Heritage Sites will be made available from the Objective One Convergence Fund.

The SWERDA is failing to provide the local character that would be the case if in the hands of a local authority. There is a local power vacuum due to the abolition of District Councils to be replaced by one authority in April 2009.

Local authority reorganisation is a matter of serious concern and warrants avoiding hasty decisions which could well prove, in the absence of a co-ordinated local policy, to reflect the imposition of the uniformity straight jacket of “one size fits all”.

RCPO 4 Planning Policy Framework

There is no reference to Environmental Liability Directive 2004/35/EC which was scheduled to come into force on 30th April 2007, but after delays DEFRA Website states:- “The directive is likely to be transposed by December 2008”. The Ground Water Directive 2006/118/EC effective from 16th January 2009, should also be considered as a required condition for the CPO. Please note that the Environmental policy of SWERDA in respect of the additional Directives 85/337/EEC (S.I 1988 No.1199) 97/11/EEC (SI 1999 No.293) should all be included following public consultation (Aarhus Convention) since the Directive is the definitive legal document according to the House of Lords ruling in the Berkeley case [2001] 2AC 603, HL.
RCPO 8 – Reasons for making the Compulsory Purchase Order
(in conjunction with)
The Order “the acquiring authority “proposed purposes:-

Para. 1 (3) “Promoting employment in the area”. And 1 (2) “Enhancing the development and application of skills relevant to employment in its area”.

There is no indication as to how these purposes are to be achieved in the present credit crisis climate. Uncompleted housing and work places or completed houses and workplaces with a high level of unemployed could lead to social degradation to the detriment of the tourist industry. From past experience employers are likely to prefer to invest in areas closer to established business centres in central and northern England.

Updating the sewerage infrastructure to avoid contamination of rivers (Red River) and ocean surfing and bathing facilities is already the subject of constant complaint. (Surfers against Sewerage). This infrastructure is considered to be already overloaded.

Documents from the Environmant Agency of 22nd September 2006 reveal concern regarding pollutants in the Red River at the bottom of East Hill flowing partially treated into St.Ives Bay at Gwithian. Directive 91/271/EC, Urban Waste Water treatment standards should be publicly acknowledged as policy.

It is contended that the public is entitled the information necessary to effectively participate in any planning decisions impacting upon the environment before an arbitrary CPO is imposed. (Directive 2003/04/EC, Access to Justice, Article 6).

RCPO 10 Human Rights Considerations etc.,

There is no reference to the requirements of Directive 2003/4/EC which stipulates that the authorities of Member States shall declare the environmental impact (EIA) of all plans and there social and cultural interrelationship, Article 2 (1f). “The public concerned shall be given early and effective opportunities to participate in the environmental decision-making procedures….. Directive 2003/35/EC, Article 4.

These requirements have not been complied with although the Cornish Stannary Parliament has been a recognised statutory consultee of the Cornwall County Council and Kerrier District Council in environmental related matters.

RCPO 10.4 states:- “Any interference with a Convention right must be necessary and proportionate”.

The Arrhus Convention provides that members of the public and consultees have a right to know, in advance of a possible CPO approval, which Articles of the Convention will be the subject of interference.


Yours faithfully,

Hugh Rowe,
Stannator for Planning and Environmental Matters,
The Cornish Stannary Parliament,
Stannary Information Office,
Bal Lake,
Cornwall TR14 0JG

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