THE planned demolition of the cargo shed on Watchet’s East Quay could leave owners West Somerset Council facing criminal charges, a local heritage group has claimed.

Councillors made the decision to remove the building in March after a report highlighted concerns that it was structurally unsound, had deteriorating asbestos cladding and could pose a risk to public safety.

But the demolition – likely to cost around £50,000 – has sparked a storm of controversy, with the town’s business group WACET, Watchet Marina and some boat owners opposing it.

Now community interest company Militaryboats, which restores historic boats in both Watchet and Bridgwater and has its flagship motor torpedo boat the Gay Archer currently on display in Watchet Marina, believes the council could be breaking the law if if presses ahead with the demolition.

Director Rhian Childs told the Free Press that regulations introduced in 2013 under the Enterprise and Reform Act made it a criminal offence to demolish an unlisted building within a conservation area – which the East Quay is – without planning permission.

“The council has really rushed into the decision and doesn’t appear to have considered the legal implications,”she said.

And she said the authority had failed to address concerns raised by the marina operator and the Watchet Boat Owners Association.

Militaryboats CIC currently has two World War Two boats under restoration behind the cargo shed.

Ms Childs said no firm date had been given by the council for the demolition but it was believed to be scheduled for the first week in September.

“That’s only about two weeks away and yet we have been given no plans or method statements for how the dismantling will take place.

“We therefore have no idea of what we should be doing to help protect these historic vessels.”

The boats affected are the Royal Army Service Corp launch Hyperion, which transported King George V1 over to Normandy following the D-Day landings, and motor anti-submarine boat 27 which worked for the Special Operations Executive during the war dropping secret agents to France and rescuing airmen smuggled by the Resistance.

“These vessels are the only examples left in the world and are irreplaceable and we’ve no idea what danger they could be in – Hyperion is only about a foot from the cargo shed’s north wall.”

The legislation relating to the demolition of buildings in a conservation area allows for buildings to be taken down without planning permission in certain circumstances.

These include if demolition is necessary urgently in the interests of safety and health and if it not practical to secure health and safety by carrying out repairs.

Ms Childs said she believed the cargo shed could be repaired and an independent report had confirmed that.

“I don’t see how the council could argue that the building needed to be urgently demolished or that it was in danger or falling down because months on, it is clearly still standing.”

Ms Childs said the council had also given no details on how it intended to protect pedestrians on the well-used East Quay – which formed part of the South West Coast Path – during the demolition.

“Not only would it be a shame to lose this iconic shed but it seems crazy for the council to spend over £50,000 on it when they need to make significant savings elsewhere – especially as it will open them up to criminal prosecution that could lead to fines and prison for councillors and officers.

“In the interests of independence, fairness and transparency we need to have the public debate on the future of the cargo shed that a planning application would create.”

A West Somerset Council spokesman said: “Any action the council takes will of course comply with relevant legislation.”