The Court of Appeal has rejected the attempt by TW Logistics to overturn the decision of the High Court to uphold the registration of Mistley Quay as a Village Green by Essex County Council.
The battle to preserve the long standing rights of local residents to use the Quay in the manner in which they have done for centuries has now lasted for more than 10 years since TW Logistics erected a fence along the edge of the Quay. The rights of local residents have been confirmed by an Inspector, who carried out an 8-day Public Inquiry by Essex County Council, who registered the Quay as a Village Green, by the High Court and now, following the Appeal, by the Court of Appeal.
Simon Bullimore the Chairman of Free the Quay which represents the interests of local residents said: “This is a significant victory for the people of Mistley, who have been determined not to allow the aggressive actions of TW Logistics in the erection of the fence and the conduct of the long drawn out proceedings to deter them from fighting for the recognition of their rights to use the Quay.”
Ian Tucker, who as a Mistley resident made the Application for the registration of the Village Green, said: “No one would have thought that a simple Application to register a Village Green followed by a Public Inquiry would end up in the Court of Appeal. We have been very fortunate to have had the encouraging support of Nigel Farthing and Richard Eaton of Birketts LLP throughout the proceedings which has been invaluable in achieving this successful result.”
Nancy Bell, who lives Mistley Quay said: “This is such good news. I hope that TW Logistics will now recognise that their attempts to frustrate the long-standing rights of access to Mistley Quay should come to an end. The time has come for them to accept the Village Green.”
The decision of the Court of Appeal will not result in the immediate removal of the fence along the edge of the Quay. David McKay, proprietor, with Sherri Singleton, of the Thorn Hotel said: “It would be a welcome gesture on the part of TW Logistics if they were to accept the decision and take the fence down. We have repeatedly invited them to discuss with us some other form of safety barrier and we remain willing to do so. If they persevere in maintaining the existing fence as an obstruction on the Village Green we will take all appropriate steps to remove it.”
A celebration of the Victory will be held on the Quay on Sunday 14October with refreshments and music to which all the many supporters of the Free the Quay over the last 10 years will be most welcome.
For an explanation of the legal issues involved in the Court of Appeal Hearing click here