Ongoing battle to stop Cornwall village being sold
A trustee from the charity selling the site says the decision was not made without "careful consideration"
A charity has written to tenants of a North Cornwall estate to explain to campaigners why they are making the decision to sell.
The trustees, who plan to sell Trevalga Manor near Boscastle, say their message has been "manipulated" in the process. Those who are part of the Gerald Curgenvan Will Trust are reassuring tenants that the decision was not taken without "careful consideration".
The charity commission have since released a statement to say it is within the powers of the trustees to sell the Trevalga estate.
Despite the message, campaigners are current residents of the area are continuing to fight for the decision to be changed.
"Once it is gone, it cannot be reclaimed".
Serena Partrick, resident and campaign co-ordinator, said: "The Manor of Trevalga contains no second homes, no holiday lets and no Airbnbs. We are a thriving, diverse, Cornish community".
As she is on a long-hold tenancy, it means she remains protected by the sale of the estate. Serena told us hers is only one of two properties, other than farms, that has this protection:
"None of us who are safe in our homes want to see our community disbanded and destroyed. My sister lives in a short-hold tenancy home. She would never find anywhere equivalent in the local area, or anything equivalent anywhere".
John Wakeman, a trustee of the Gerald Curgenven Will Trust for over four decades, told us the decision was made with the "care of the Trevalga community borne very much in mind".
In a letter, he wrote: "Buildings don’t look after themselves, and the houses, cottages and farms left by Gerald Curgenven in 1959 have required maintenance over the past 63 years to ensure they remain fit for purpose.
"These old Cornish properties not only require an increasing level of repair, but also material improvements to meet today’s expectations. The only money available to the trustees is rental income, and Marlborough College as a registered charity itself requires its correct share of that income.
"By selling individual properties we would begin the break-up of the estate, damaging value in this rare and integrated coastal mix of unspoilt property".
Three trustees of the charity who have made the decision to sell have said they have a legal duty to pay Marlborough College the proceeds from the full market rents raised from all residential and farm tenancies, as well as being responsible for protecting the capital value of the estate.
Louise Moelwyn-Hughes, the Master of Marlborough College said: "The College has already committed to placing the entire proceeds it receives from the sale into a bursary fund for gifted pupils from Cornwall to attend Marlborough College. In this way we can honour the memory and wishes of Gerald Curgenven".
What do campaigners want?
On their website, campaigners, who have named themselves 'Battle for Trevalga' have written the following statement:
"We are fighting to save the Manor of Trevalga, a unique Cornish hamlet, and to have the charitable aims of The Gerald Curgenven Will Trust reflect the true intentions of Gerald Curgenven...
"Trevalga is a medieval Parish, largely unchanged, and a living piece of our shared history. We are a thriving, diverse rural community, unique in Cornwall today. Trevalga has no second homes, no holiday homes and no AirBnBs, and we intend to keep it that way.
"Please help us save this special place".
A petition to protect the manor from sale has notched up almost 3,500 signatures.
Statement from the Charity Commission:
The charity has since released a statement saying there is no further role for the charity regulator over the decision of the trustees of the Gerald Curgenven Will Trust to sell the Trevalga estate in North Cornwall.
In a statement, they wrote: "The regulator has been examining the decision-making of the trustees to seek assurance that they have been acting in line with their legal duties and responsibilities in relation to the proposed sale.
"Local residents had raised concerns about the validity of the sale, pointing to their interpretation of the provisions of the charity’s governing document.
"Officials for the regulator met with the trustees of the charity, and thoroughly assessed the matter, including the concerns raised by those affected. The trustees demonstrated to the Commission that it is within their powers to sell the Trevalga estate, and that their decision was made independently and in compliance with their legal duties.
"The Commission has therefore determined that it has no further role regarding the sale.
"Under charity law, trustees have wide discretion to make decisions in the best interests of their charity. The Commission has no remit to make decisions on behalf of trustees, or to overrule decisions legally made by trustees. Instead, the Commission’s role is to determine whether the trustees have followed proper processes and acted in line with their legal duties in reaching any decision concerning their charity".
Tracy Howarth, Assistant Director of Casework, said: "This has been a period of great uncertainty and anxiety for the residents of Trevalga and I know also that this outcome will come as a further disappointment for those impacted.
"However, we must be led by the law when making decisions on regulatory matters. In this case, we are satisfied that the trustees’ decision-making and the process followed have complied with the law and our guidance. It is therefore right that we have concluded our case".