Charmouth Council purchase of the Foreshore and Cement Works from Alfred Douglas Pass in 1938


Mallory Hayter was born in 1946 in a cottage on Higher Pound Farm, which then formed part of the Wootton Fitzpaine Esate, whose owner was also at that time, the Lord of the Manor of Charmouth. His grand parents were to bring him up, but sadly as the age of 11 he was to lose his grandmother.
After school in Lyme Regis he joined the Royal Navy at just 15 years of age and continued in the service until he was 27. He was to marry Pauline Sartain during this time and went on to the Fire Service based in Weymouth. All through these years he was to live in Charmouth and in due course become a member of its Parish council. After just 3 years he was to become it's Chairman - a position he has held for over 17 years.
Amongst his many achievements the most important must surely be the negotiating of the purchase of The Elms in 1996. It had for many years been an old people's home and had become redundant. It was sold on to a firm who subsequently were to put it up for auction. Mallory Hayter getting wind of this planned with others to purchase this important building. It was a cloak and dagger affair with only a few people aware of it at the time. He successfully purchased it for just £82,000 after convincing the vendors that it would be of great benefit for the community. The cost of The Elms has never been a drain on the rates as part of the proceeds were found by selling the former Council office in Lower Sea Lane and a wing of the building. The remainder was borrowed from the Public Works Committee and the final repayment was made this year. The ground floor is let and the offices and meeting rooms are invaluable to the community. But perhaps most importantly the collection of documents, papers and artifacts that form part of Charmouth`s Heritage have a permanent home that future generations can use and study to enjoy the villages rich history. This is known as the Pavey Room after the distinguished Historian who for over 40 years recorded so much of the history of Charmouth and is now run by a Committee under the chairmanship of Peter Press.


At the Annual Meeting of the Chamouth Parish Council held at the Council Office, Lower Sea Lane on Wednesday 20th March 1938

It was proposed by Captain A. E. Taylor and seconded by Mr G. R. Furniss that the Council exercise the option to purchase the Foreshore and Foreshore Rights from the mean high water mark seawater and also the beach or seashore between mean high watermark and the Cliff foot together with the building known and called the Old Cement Works and fields nos. 123, and 133a on the ordnance survey map for he district containing .592 acres and .668 acres respectively.

It was proposed by Captain A.E. Taylor and seconded by Mr L. M. Devil that a Parish Meeting be called for the 20th May next at 8 o clock in the evening to pass the following resolution:

"That application be made to the Dorset County Council and the Minister of Health for consent to a Loan of £2970 for the purchase of the Foreshore and Foreshore Rights from the mean high water mark seawater and also the beach or seashore between mean high watermark and the Cliff foot together with the building known and called the Old Cement Works and fields nos. 123, and 133a on the ordnance survey map for the district containing .592 acres and .668 acres respectively. and a loan of £195 for oan charges and for a loan of £1006 to provide payment for Sea defense, Lavatories and repairs to Beach Cafe and a Loan of £35 for loan charges and costs under the Powers conferred by the Local Government Act 1933 section 195a and b and the Public Health Act 1936 sections 221,222, 223 and 230 Carried unanimously

Abstract of the title of Captain Alfred Douglas Pass to the beach or seashore between high Water mark ordinary tides and the foot of the cliffs East of the River Char in the Parish of Charmouth.

1900 7t h December By Indre of this date between James Batten of Thornfalcon, Someraet, of the one part and Alfrd Capper Pass of the Manor House, Wootton Fitzpaine Esq, J.P. Of the other part supplemental (1) to an Indre of mortgage dated 28th December 1894 and made between E.C. Batten of the one part and Horaito Brown,H.Batten, Sir James Mackenzie And A Batten of the other part to secure £100 and interest and (2) to an Indre of transfer of mortgage dated 13th June 1900 ... Paid £150 for :
All those 2 pieces of pasture land lying in the parish of Charmouth being known as Marbles and containing 6 acres , no. 238 in the 1841 Tithe map. And the piece of pasture known as Undercliff conating 5 acres , no. 239 in the Tithe Map. The 2 pieces called Sea side containing 10 acres in a former conveyance with a lime kiln upon and and was formerly conveyed as part and parcel of the Manor of Charmouth.
This Indenture made 15 October 1923 between Alfred Douglas Pass and Frederick March of Charmouth on Alfrd Douglas Pass attaining t he age of 21 with an annuity to Elizabeth Pass of £2000 a year. For the remainder of her life. All those 2 pieces of land nos. 146 and 148 conatining 9.645 acres known as Marbles.
Abstract of Title of the Trustes of the Pass Trust to Lands and Premises and Forshore at Charmouth in the County of Dorset.
23 December 1908 Indenture of Conveyance of this date made between George Gordon Coulton agree with A.D.Pass for the absolute sale to him of the premises thereafter described at the price of £1400. All that Manor or Lordship or reputed Manor or Lordship of Charmouth in the county of Dorset and all the Cement Mill and the piece of land situate lying and being in the parish of Charmouth conating 63.166 acres therein coloured Green and also half of the width of the leopard Roadway shown upon the plan between points marked A and B and the points marked C and D.
Together with the foreshore of the said Manor of Charmouth extending from high to low water mark and from t he boundary of the parish of Lyne Regis to the boundary of the parish of Stanton St Gabriel and which foreshore coulored buff
Survey Plan
123 (37.40 acres)

Part 126 (8. 45 acres)

132 (0.58acres)

133 (1.58 acres)

135. (o.66 acres)

136. (0. 47 acres)

134. (2.14 acres)

Executed by said G.G. Coulton, E.L. Coulton,S.P. Coulton and B.C. Coulton,and A.D.Pass, Kathetine Olive Pass, his wife and Edward Harris, thereafter called the Trustees.
24th March 1932

123d - Rough

132 - The Hut, Scout House

134a- Shore

Part 126a - Pasture

126b - Pasture

Part 133 - Pasture

Part 135 - pasture

6th July 1905 Will of Alfred Capper Pass appoints Frank Tribe, his wife Elizabeth and his son Alfred Douglas Pass if and when he attains the age of 22 years, Francis Fry and Adiar Roche, executors and trustees of his will bequeathed his estates in Devon, Somerset and Dorset unto to the use of the trustees to permit his wife to use the Wootton Fitzpaine Manor House and grounds rent free as long as she lives and to receive an annuity of £2000 a year.
The said Testator died at the Manor House, Wootton Fitzpaine on 4th October 1905 and the will proved 23rd February 1906 .
On 14th May 1906 His son reached the age of 21 and reduced the residue of the estate subject to an annuity of £2000 for his mother.
The schedule referred to : Freehold Farms cottages allotments plantations coppices situate at Charmouth, Fishponds, Hawkchurch, Monkton Wylde and Wooton Fitzpaine known as the Wooton Fitzpaine Estate in the county of Dorset . £3,660 Victorian Government, 5% Inscribed Stock,£20,760 5% Stock of Capper Pass & Son Ltd,£20,000 Ordinary Stock of the Gas Light and Coke Co. Ltd,£17,250 4% Victory Bonds.

1923 conveyance to F.C. Marsh
1934 Lease to Charmouth Council
1938 25th November Pass to Charmouth Parish Council

The Manorial Rights over the Foreshore
Until 1938, when it was acquired by Charmouth Parish Concil, the beach belonged to the Lords of the Manor of Charmouth. Some time before 1320, the Abbot of Ford owned the manorial rights, which he retained until the Abbey was dissolved.
In 1554 Queen Elizabeth gave the Manor to Robert and William Caldwell, who sold it in he same year to Sir John William Petre, his son John, conveyed it to the Colstons, and in 1649 it was bought by William Ellesdon, of Lyme Regis. The Manor remained in the Ellesdon family until it was purchased at the end of he 18th century by James Warden, his grandson Matthew Liddon, sold it to John Hawkshaw, from who it passed to J.J. Coulton, who sold it to Alfred Capper Pass. Queen Elizabeth, by a charter, granted to the Lords of the Manor the same rights enjoyed by the Abbots of Ford, together with the tenements, messuages, mills, dove-houses, lands, marshes, waters, fishery, etc.
The foreshore stretched from the boundary of Hawkswood to that of Lyme Regis. In 1674 William Ellesdon, for the annual rent of 6d granted permission to he Mayor of Lyme Regis to take stone and sand from Charmouth beach. A similar license was granted to he owner of Wootton Fitzpaine, Thomas Rose Drew. In 1778 Benedicta Durston, the last of he Ellesdon family to hold the Manor ..... In consideration of a good road made in the lane leading to the sea at the cost and expense of the Parishioners, renounced to the Parish all the rights and titles to the lane, with all wrecks, stone, sand, and sea weed during her life time.
After her death, and after James Warden had purchased the Manor, the parishioners still continued to take stone and sea weed from the beach, and they even held a Vestry Meeting on the 13th April 1789, at which they claimed that their ancestors had enjoyed that right from time immemorial. Those present at the Meeting agreed to defend their rights and to defray the charges by a parish rate. This was signed by the Rev. Brian combe and two others. Immediately James Warden brought an action of Trespass against Rev. Brian Combe and others for entering a close belonging to the Manor, and for carrying away stones, sea weed and sand. Warden won his case, and hereby established his rights to the beach as Lord of the Manor. Another act of trespass was committed by James Gerrard, who was presented at the Court Leat on the 28th October, 1808 for taking sand and stone. He last case was bought in 1896, when J.J.Coulton won an action against a Trespasser for removing sand and shingle.Since than, a Royalty on all sand etc, as well as tent for bathing tents and huts, has been paid to the Lord of the Manor.