SOMERSET Council could be faced with having to prosecute itself for breaking listed building regulations and possibly committing a criminal offence, Minehead conservation campaigners claimed this week.

A month ago, two 300-year-old military cannons used as quayside mooring bollards at Minehead Harbour were removed by local contractors on the instructions of the unitary council.

Protesters claim that as the quay is a Grade II listed building, any removal or alteration would require listed building consent - which, they say, has not been sought or granted.

As a result, several residents have made breach of planning complaints to Somerset Council but are yet to receive replies.

Former Minehead town councillor Michael Burke, who was on the quay when the guns were being dug out, said: “It was just fortuitous that I was there.

“Otherwise, they would probably have disappeared without trace and nobody would have known anything about it.

“Part of the town’s heritage has just disappeared.”

The cannons – technically, demi-culverins from the War of the Spanish Succession - arrived in Minehead about 300 years ago as a part of the harbour defences.

Later they were sunk muzzle-first into the quay and used to tie up ships.

Three were recovered in 1979 and after restoration were positioned alongside the harbour wall.

The two remaining guns were dug out in October by Minehead contractors C J Lynch and Sons and taken to their yard in Mart Road.

The company was asked what was likely to happen to the cannons, which are seriously rusted and decayed, but nobody was available for comment.

The Free Press also invited Somerset Council to comment on protestors’ allegations, including the removal of the guns without planning permission, but no reply was received.

Former Somerset county councillor and Minehead town councillor John Malin, who has submitted a breach of planning complaint, said: “You have a situation where the planning authority, which has a mandatory duty to deal with acts of criminality, would appear to have committed an act of criminality itself.

“A lot of people are very unhappy about what has happened and the complete lack of consultation.

“Who actually gave permission for the cannons to be removed and what will happen to them in the future?

“I know Somerset Council has many serious problems but these questions should be answered.”

Minehead Museum trustees chairman Julian Luke said: "It is amazing that there was no consultation prior to the removal of the guns and it would appear no provision for their restoration or relocation.

“South West Heritage Trust and Historic England are both now in discussion with Somerset Council over the future status of the guns.

“The fact that the council is in extreme financial difficulty does not help the situation.

“It is worth remembering that the harbour is one of the key tourist attractions for visitors and the cannons are an integral part of the experience for those visiting the harbour.

“Their popularity with photographers and children in particular cannot be disputed.

“Also, the existing three guns will need maintenance in the future and we would hope that greater consideration is given to the heritage of the town and the tourist economy, before the arbitrary removal of these as well."

Mr Malin said Government guidelines point out that that it can be a criminal offence to carry out works that require listed building consent if that consent has not been granted.

The offences carry a maximum penalty of two years in jail and an unlimited fine.

The guidelines state: “The offence is committed by the person or persons who carry out the work and also by anybody who causes the work to be carried out.”

Mr Malin said: “The local authority - in this case the unitary council - can issue a listed building notice to restore the unlawful works.

“In other words, the council should put the cannons back into the quay and then go through a proper planning process to get them taken out again.”

The Free Press was told that at a meeting between local charter fishermen and Somerset Council it was agreed the cannons would be removed to allow a mobile crane to travel along the quay to lift out boats between January and March.

But this has not been verified by the council.

Minehead Conservation Society chairman Sally Bainbridge said: “I think we should have at least been given some notice of this.

“The way it has been done sends out an appalling message and example to other people.

“Here we are, in a conservation society, fighting to preserve the heritage of the town and ensuring that our listed buildings and conservation areas are kept in as good a state as possible in order to attract visitors, and yet the very authority that we trust to ensure that this is done, appears to be acting unlawfully and illegally.

“Somerset Council has shown a total disregard for our heritage.”