The registration of Mistley Quay as a Village Green by Essex County Council in July 2014, following the recommendations of an independent inspector which were the result of an 8-day public inquiry in June and July 2013, was welcomed by the local community and FTQ.
At the beginning of this month, at the last moment before the end of the period in which an application can be made, TWL have brought judicial review proceedings to have the decision reviewed in the High Court. The process consists of several stages and the parties involved are TWL and Essex County Council.
The first step in the process is for TWL to secure permission to make the application to review the decision. TWL have submitted detailed Statement of Grounds to the Court on which a decision on the application will be made by the Court. If the application is granted, the matter will proceed to full hearing but if the application is refused, it is open to TWL to seek an oral hearing to argue the case for permission to bring the action. While the judicial review proceeding are in progress, no steps can be taken to remove the fence.
It is not possible to predict the outcome of the review but FTQ understands that it will be vigorously contested by ECC. Ian Tucker, the original applicant for Village Green status for the Quay, is entitled to intervene in the proceedings if necessary; FTQ has offered every assistance to ECC to support their robust opposition to the application and it is unlikely that any intervention in the proceedings will be necessary.