RESIDENTS living in an area with one of the most desirable coastal views in Cornwall have accused one of the county’s biggest developers of “environmental vandalism”.

The managing director of the company has denied destroying an ancient hedgerow and has, in turn, accused the locals of “rank hypocrisy”.

To add fuel to the fire, Cornwall Council has verified that it has received a complaint in relation to the matter and will now investigate to establish if there has been a breach of planning control and if an “appropriate course of action” needs to be carried out.

Residents of Wheal Friendly Lane in St Agnes – which has a stunning view of the Grade II listed former Wheal Friendly engine house across to Trevaunance Cove – say that on April 1 they witnessed “what can only be described as an act of environmental vandalism” to a hedgerow leading to nearby fields which are being earmarked for housing.

A spokesperson for the residents said: “A team of five men, accompanied by a JCB digger, a works lorry and, later, a new Land Rover Defender arrived at the site and proceeded to destroy an ancient hedgerow, estimated to be around eight metres wide, three metres thick and two metres high.

“The foreman justified their actions by claiming that the structure was not a Cornish stone wall, which lacks the same legal protection as hedgerows. However, under the Hedgerows Regulations (1997), local authorities are empowered to protect significant hedgerows due to their historical, cultural and ecological importance. It is illegal to remove most countryside hedgerows without council approval and violations can result in fines of up to £5,000.

“This destruction was particularly egregious given that bird nesting season in Cornwall runs from March 1 to the end of September. Many species nest multiple times within this period, making the hedgerow a crucial habitat for wildlife. Despite guidelines from Cornwall Council, Natural England and the Cornwall Wildlife Trust, no checks were conducted before the removal.”

Concerned residents pictured in front of the Grade II listed Wheal Friendly engine house.
Concerned residents pictured in front of the Grade II listed Wheal Friendly engine house (LDRS)

The residents went on to say that Wheal Friendly holds the highest designation within the UNESCO World Heritage Mining Landscape and the site mooted for housing lies outside the village settlement boundary on the north coastal edge, “an area intentionally excluded from significant development under the St Agnes Neighbourhood Development Plan”. They argue the plan prioritises development on the south approach to the village to mitigate infrastructure strain.

They also say the site sits between an area of outstanding natural beauty (AONB) and a site of special scientific interest (SSSI) at Rocky Lane, with a designated conservation area at the end of nearby Trevaunance Road. “Despite this, the developers acted with apparent impunity,” adds their statement.

“The crew, reportedly from Kingsley Developments (SW) Ltd, failed to provide identification, proof of ownership or any health and safety compliance measures. Their presence was marked by indifference toward concerned residents, some of whom were ignored, while others were met with hostile stares. The company’s modus operandi appears to be swift destruction before potential enforcement action – an approach that relies on the slow-moving mechanisms of planning regulation and minimal penalties for violations.”

They said they were concerned about the hedgerow being “ripped out” and the possible loss of the fields, which are a wildlife haven for foxes, badgers, buzzards, falcons and even deer.

The locals say the planning department at Cornwall Council refused two Freedom of Information (FOI) requests seeking access to pre-application documents, citing “corporate sensitivity” on behalf of the developer.

Abe Simpson, the managing director of Kingsley Developments, has hit back at the residents’ accusations.

He said: “We did not destroy an ‘ancient hedgerow’, rather we removed some brambles which were blocking an historic access to our land. It might be surprising to some, who are hellbent on stopping other people from being able to live in such a beautiful village as they themselves reside, that a landowner can lawfully remove brambles which block access to their land, without planning permission. Particularly where they’ve had such brambles meticulously inspected beforehand, to ensure no wildlife resides within it.

“Yes, the site lies within the World Heritage Site, but so does most of St Agnes. Is their view that because of this, no further homes should ever be allowed to be built in St Agnes? It certainly isn’t the view of the council or the Planning Inspectorate. St Agnes Parish has a frankly enormous housing need which must be met. Our proposals are and will be policy compliant for residential development purposes and the Local Planning Authority have already confirmed this in writing, last year.

“The site is not in an AONB, conservation area or a SSSI, so, bluntly, reference to them is not understood. References to the settlement boundary of the village are an indirect reference to the Neighbourhood Development Plan. It may have escaped the residents, but this document is out of date, and the development boundaries, accordingly, no longer apply.”

Mr Simpson added: “Development and the fear of the unknown is always scary, and I sympathise with local residents in that regard, I genuinely do. However, it sounds terribly hypocritical to, on the one hand love living in what is unquestionably a beautiful location, and then simultaneously try to stop anyone else from being able to do the same.”

He said that people working for Kingsley Developments, or their sub-contractors, are not obliged to provide identification to anyone, apart from the police. “They will not be intimidated by local residents, however hard they try; even when they are ramming cameras in their faces or threatening to lay in front of work vehicles to prevent lawful access. Nor are we obliged to confirm ownership to anyone, albeit I can confirm our firm has significant land holdings in St Agnes, including the subject site.”

Responding to the residents’ concerns they weren’t given access to the pre-application material, Mr Simpson said that he did indeed decline an approach from Cornwall Council to release the details.

“It will form part of the incoming formal planning application in due course and residents will be able to read it then. However, it should be fairly easy to work out that the pre-app response from the planning department was positive, otherwise an application would not be forthcoming. I would add that our current intention is to apply for a significantly smaller development than the local planning authority have already said they would support.”

He finished by criticising the concerned residents: “In all honesty, it smacks of rank hypocrisy. I totally understand local residents being interested and wanting to have input into design, etc, and we welcome that. But the principle? We are talking about objections to proposed development of land for housing, which is surrounded by existing housing, by the very people occupying that housing? It’s a slightly ridiculous hypocritical objection in my opinion, but there we are, it always happens.”

After approaching Cornwall Council to see if it was aware of any concerns regarding the work on April 1, a spokesperson said: “We can confirm we have received a complaint in relation to the matter. Our Planning Enforcement Team will now investigate to establish the facts as to whether there is a breach of planning control and if there is, to consider an appropriate course of action.”