A NINE-year battle to get a quay fence taken down is set to rattle on until the end of the year.

Campaigners were celebrated in February when a decision to register Mistley Quay as a village green was upheld by Mr Justice Barling, after a seven-day hearing.

But quay owner TWL Logistics has now been given permission to take the judgement to the Court of Appeal. It is expected that any appeal will be heard towards the end of this year.

Ian Tucker has lived and worked on the quay for more than 30 years and who made the application to register Mistley Quay as a village green.

He said: “These proceedings have gone on for much too long.

“Everyone is happy to co-exist on the quay as they have always done in the past and we cannot understand why TWL has consistently rejected our offer to agree on an acceptable form of barrier on the edge of the quay without any apparent commercial reason.”

Campaigners launched their fight in 2008 when the 6ft fence first went up along the quay and set up the group Free the Quay.

As part of that, a battle was launched to register the quay as a village green, which has been supported by residents of Mistley.

Nancy Bell, who lives with her family on the quay said: “My daughter could barely walk when all this started and she is now about to go to secondary school.

“The existence of the fence and the battle to preserve the quay for the enjoyment of the whole community has been a financial and emotional burden on everyone who has supported us.”

The cost of the opposition to the fence has been met by local residents and supporters.

On June 4, gardens in Mistley were opened to the public and more than £2,750 was raised for Free The Quay.

Simon Bullimore, chairman of Free The Quay said: “We never thought that a simple request to discuss the removal of the fence and its replacement with a barrier acceptable to all concerned would lead us into proceedings in the Court of Appeal. The whole community is resolute in the continued search for a solution and if necessary a determined defence of its position in the courts.”

The next fundraiser is a jazz picnic on July 30. For details visit www.freethequay.org TWL declined to comment.