Confirmation that waste materials have been tipped at a boatyard at Gweek has prompted Cornwall county council to become involved in on-going negotiations to resolve the issue.
The unauthorised extension of parts of Gweek Quay boatyard has long proved a bone of contention in the village, with opponents claiming the development has harmed the sensitive estuary environment and should be removed.
Residents angered at the length of time it was taking Kerrier district council to investigate the situation complained to the local government ombudsman, who criticised aspects of the authority's handling of the issue.
Since then, samples have been taken from the site and analysed, as part of investigations into whether enforcing the removal of the tipped material would be more harmful to the creek than leaving it in situ.
The district council has been liaising with a number of agencies including Defra, English Nature, the Environment Agency and the Centre for Environment, Fisheries and Aquaculture Science (CEFAS), which has conducted an assessment on the level of contaminants on the site.
Up until recently, the county council had not become involved in the dispute, believing the development comprised constructional engineering works, rather than tipping, and was therefore under the remit of the district council.
But the CEFAS survey has now confirmed the presence of waste materials such as builders' rubble, old cranes, asbestos and large pieces of metal, together with material dredged from the creek.
All the samples analysed in the survey were found to contain some contaminants at elevated levels, with two locations identified as of particular concern.
The findings were reported to members of the county council's planning committee at a meeting yesterday.
In a report to the meeting, the council's head of planning, Mark Jones, said: "These findings contradict the previous evidence of constructional engineering works upon which the county council has relied and instead indicate that in part waste disposal has been underway.
"This new evidence on the primary purpose for the development has led to Kerrier district council requesting county council involvement."
Mr Jones said the county council should embark on a review of the options available, including formal action if appropriate, to help bring the matter under control. A further report would be brought to the committee at a later date.
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