A LONG running dispute between a town council and a historical tourist attraction over the construction of a car park has been concluded in favour of the local authority.
Berrycoombe Car Park, located opposite Bodmin Jail, was built by Tudor Hotels Collection (formerly Mallino Developments) on land owned by the town council opposite the attraction as part of required planning permission conditions related to its redevelopment into a hotel and attraction.
However, in 2022, the lease was terminated by the town council amid a dispute over who was responsible for repairs to the town’s underground watercourse, known as Bodmin Leat, which the council said was required as part of its land lease agreement with the attraction.
It came after warnings from engineers that the condition of the leat’s structure in the area of the car park was poor, leading to concerns that its failure could lead to flooding of nearby properties. At the time of the dispute, the council said the jail’s contractors had not undertaken the required works.
The agreement, after approximately two years of mediation, will see Bodmin Town Council reimbursed for full legal costs by the operators of Bodmin Jail, a total approximating £145,000.
In addition, a new lease for the jail to operate the car park has been drawn up, with the attraction’s owners promising to undertake the required repairs to Bodmin Leat underneath at their own cost.
Cllr Jeremy Cooper said that the town council’s success justified the long-running legal dispute.
He said during the council meeting: “It has been a long, protracted process and at times it was seen by some residents as obstructive, a position promoted by a section involved in the dispute. However, this result justifies the due diligence undertaken by the town council and its solicitors in identifying and pursuing the issues to the conclusion where Bodmin Town Council is repaid all legal costs and an agreement in place which I believe will stand the test of time.”
Welcoming the news, the mayor of Bodmin, Cllr Liz Ahearn, said: “I would like to say a big thank you to the residents of Bodmin for their understanding and patience during this matter. We fully support the development of Bodmin Jail and look forward to the works required being completed and the car park being opened to alleviate parking issues along Berrycoombe Road. With the recovery of the town council’s costs as part of the agreement, this action has been achieved with no financial impact to the residents of Bodmin.”
Bodmin Town Council voted unanimously to accept the recommendations from their solicitor to sign the final agreement and end the legal dispute.
Tudor Hotels Collection were approached for comment.