Michael Stevens, of Lower Contour Road, Kingswear, writes:
In reply to David Southwick's letter about Lighthouse Beach, I was clerk of Kingswear Parish Council when it had lengthy discussions in 2004 and 2005 in an attempt to reach an agreement about the re-opening of the beach. Both sides were legally represented.
Mr Southwick wished to impose a large number of conditions, several of which would have been unacceptable to the people of Kingswear.
Without going into details, one required the council to give up its claim of 140 years of public use 'as of right' in return for future use only 'by permission' of the landowner (permission which could then be withdrawn).
The council was advised that if indeed there was a public right, as it claimed, then it did not have the power to cancel that public right, which could only be done by an act of parliament.
In February last year, the council were led to believe that Mr Southwick had modified his conditions and another meeting was held, at which I was present. Unfortunately, nothing had changed.
The council made an alternative offer which would have avoided an expensive public inquiry but, sadly, Mr Southwick has refused to discuss it.
The footpath to the beach is a registered public right of way and as such is the responsibility of Devon County Council. It regularly inspects the ground and if it finds that there is a danger of a land slip then it will close the path while it undertakes remedial action. Its latest inspection revealed no such danger and the public can use the path with confidence.
However, there is a potential danger from the three abandoned excavation vehicles left on the beach itself after work on Mr Southwick's new house at neighbouring Bakers Cove. These vehicles should now be removed.
At one time Mr Southwick may have deposited some excavated material from Bakers Cove on to part of Lighthouse Beach but it is now viewed that in the intervening years the weather and sea have pretty much shaped the beach to its present form. South Hams Council, which gave permission for a temporary deposit, now requires its permission to be sought before any attempt is made to remove any material from Lighthouse Beach.
There is to be a pre-inquiry meeting in July with the full public inquiry later in the year. The parish council will need to be fully legally represented at both meetings and will be launching an appeal for financial help as the sum involved is more than the council tax payers of Kingswear can be expected to bear.
The public gave very generously last time and we hope that they will do so again.



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