Cllr Mike Rigby, Somerset West and Taunton lead member for economic development, planning and transport, will tell members that Minehead businessman William Wynn can continue renovating the café although he has yet to sign a lease.
Cllr Rigby will say the refurbishment can continue on a “like-for-like” basis, but any major changes would need planning consent. Council planners had asked for details of new windows to make sure they were “like-for-like.”
But this week, campaigners who are contesting the decision to give the lease to Mr Wynn, claimed that major works, including replacing windows, were already going ahead without planning consent
Mr Wynn was invited to comment on the latest developments, but declined to do so.
Minehead residents Steve Martyn and Steve Taylor, who are leading the campaign, which includes a 200-signature petition, maintained an allegation that major work carried out without planning permission involved demolishing the front of the café and the interior which, according to the council, had been “satisfactorily refurbished.”
“We have photographs showing the cafe as it now is. That is not satisfactory progress by any stretch of the imagination. There is a gap between the original uprights and the new frame - you can put a fist through that.”
The campaigners claimed that in November 2021, SWT agreed to a variation to the proposed lease on the understanding the proposed tenant “gets a planning application in.”
“Fifteen months on, no planning application. Are SWT and Cllr Rigby asleep at the wheel?
“Following Mr Wynn’s planning application last summer, SWT wrote to him on July 29 saying he was in breach of his agreement to lease and they were now taking legal action to terminate the agreement. As usual, they did nothing. Why?
“In the planning application in the summer the architect said the agreement to lease required them to ‘install access to the rear of the café from the car park’. There is no such requirement in the agreement .
“In an email dated 23/09/22, from the planning department to Mr Wynn’s architect, they state: ‘The cafe use would be considered acceptable as it caters for the needs of the users of the park and can be seen as ancillary use to the park’.
“Operating when the park is not in use goes beyond ancillary use and must therefore be unacceptable. So the North Road car park must also, on this basis, be an unacceptable use by SWT.”
The campaigners claimed that in November last year the council told the proposed lessee that “certain works will need formal planning consent... (e.g. replacement windows).”
“And yet, three months on, work has commenced without planning approval.
“Yet again they do nothing. When Cllr Rigby says the proposed tenant ‘can continue refurbishment works on a like for like basis’ that obviously did not include all the windows they have now removed.
“Also the carpenter has put in a new window frame where there was none, which means the windows will have to be smaller. This is not like for like.”
Mr Martyn and Mr Taylor said planning consent was also required for the bifold doors, side door, wheelchair access, side extension to the kitchen, decking to the front, a mobile cafe to be parked adjacent and possibly more.
“In a side agreement to the proposed lease, dated 05/08/22, SWT and the proposed tenant agreed that ‘if works are not showing substantial progress by 31/12/22 the council will insist the building is surrendered.’
“There was no substantial progress, and yet again no action from Cllr Rigby. The side agreement also said the cafe must be open to the public by 31.03.23. Will they enforce that? Cllr Rigby says other minor refurbishment works continue - but they don’t.
“Cllr Rigby appears to us to have no control over this agreement whatsoever and should pass responsibility to his successor, Ros Wyke, immediately.
“We have previously argued with SWT that the 1911 conveyance of Blenheim Gardens from the Luttrell family states ‘the land shall be used as a public park or a pleasure park for the town of Minehead and for no other purpose whatsoever.’
“This makes the town of Minehead the beneficial owner. Subsequent mergers of councils left legal title with SWT but beneficial ownership has always been with the town of Minehead.
“Whilst it sounds a bit nit-picky, this precludes SWT from making financial gain from Blenheim Gardens. In particular they cannot grant any lease, of any part, of Blenheim Gardens that results in money being paid to SWT.
“Just as importantly, they cannot operate a car park on Blenheim Gardens land for their own financial gain.
“This argument is agreed by SWT as a note to an email to the council leader dated September 21, 2022.
“We believe the council’s legal department should investigate this as a matter of urgency.”
See next week’s Free Press for a report of Cllr Rigby’s statement to the district council