Western Morning News (Saturday)
Legal battle over tourist attraction car park
ASPAT between a popular Cornish tourist attraction and its local town council has become a full-blown legal battle, as the business claims it has been locked out of a car park it built.
Bodmin Jail Hotel and Bodmin Town Council have been in disagreement over the lease agreement, terms and use of a newly-built car park since the attraction opened in late-2020.
The lease for the car park at Berrycombe Vale was granted on the condition that Bodmin Jail Hotel, owned by Tudor Hotels, fix the damaged leat pipe which runs underneath the land. A new pipe was built, but not connected.
Bodmin Town Council states the jail failed to connect it, while it is understood that contractors employed by Bodmin Jail felt it could not do so without the permission of South West Water.
A recent civil engineering report commissioned by the council found that the leat – including the section under the car park – poses a flood risk to the town.
In response, Bodmin Town Council has terminated the lease agreement and, according to the jail, locked the tourist attraction out of its own car park. A statement dated March 21 from town clerk Peter Martin confirmed that the lease is withdrawn because the “full extent” of the leat works was not finished.
Mr Martin said: “The Town Council has today terminated the agreement for lease for the Berrycombe Vale Car Park previously agreed with the developer of the Bodmin Jail attraction, Mallino Development Limited (which is now known as Tudor Hotels Collection Limited). The agreement provided for Tudor Hotels Collection Limited to construct the car park and undertake works to replace the section of the Bodmin town leat that runs under the car park by 1 March 2021.
“The town leat had been identified as being at risk of collapse. The leat repairs were required to reduce the risk of flooding to Bodmin. Unfortunately, the full extent of the agreed works has not been completed, including breaking out and backfilling the old leat.”
Tudor Hotels CEO Rob Cox confirmed the council has closed the car park, which it built at a cost of around £1.2m, and that the jail has no access to it. In response, lawyers from both sides are in negotiations about reopening the car park.
Mr Cox said: “We are deeply disappointed by the Council’s actions. We are considering our legal position. We have invested heavily in Bodmin and are keen to see the car park reopened as soon as practicable to help alleviate the parking issues caused by the closure.”
The car park has been a point of contention between the hotel and council since late-2020 when the newly-renovated attraction opened. Mr Martin added that the car park had been shut last year due to “concerns about the safety” of the car park if the leat collapsed. He added: “The Town Council will now be taking engineering advice about making the car park safe to use and completing the leat repairs. It will also take legal advice about recovering the costs of works.”