Mistley: fence row could end in court (From Harwich and Manningtree Standard)

Mistley: fence row could end in court

4:27pm Tuesday 23rd December 2008

• Print
• Email
• Share
• Comments(0)

A ‘PATIENT’ and ‘PRIVATE’ approach by council leaders over a hugely controversial fence has been rejected by residents and campaigners who say the only way forward is to take immediate action.

Council leaders at Tendring Council have been hoping a long-running row over a two-metre fence at MIstley Quay can be resolved through negotiation, but angry anti-fence campaigners have blasted the council’s passive approach which has so far proved unsuccessful in getting quay owners, Trent Wharfage, in talks.

Residents in Mistley have been in uproar ever since September when the fence was erected at Allen’s Quay, in Mistley, by forwarding company, Trent Wharfage, who decided to close off the site to the public rather than install safety provisions neccersary to satisfy health and safety regulations.

Tendring councillors, Carlo Guglielmi and Sarah Candy proposed a motion for Tendring Council to support the fight to get the fence removed but this was later rejected by members of Tendring Council, including Mistley’s representative, Michael Dew.

During Monday’s***Dec22*** meeting members of the Free the Quay protest group, Mistley Parish Council and residents, called councillor Dew, to account for voting against the motion.

In a speech, Mr Dew, said that although he was against the fence, he supported ‘the principle of hearing both sides of the argument”.

Councillor Dew said: “Tendring Council decided not to support the original motion but asked the Leader of the Council, David Lines, to write to the involved parties with a view to arranging discussions to resolve the issue.

“In my view this was an appropriate move forward under the circumstances. A bold and constructive strategy to solve the obvious impasse.”

He added: “The original motion would have achieved nothing in itself and would be very likely to compromise negotiations.”

Councillor Dew later admitted negotiations may have to be “privately and patiently progressed” but added: “ this is the essence of mediation.”

However, leader of Tendring Council, David Lines, admitted at the meeting that so far attempts to negotiate with quay owners had proved unfruitful.

Councillor Lines said: “We have two polarized positions, those who want a fence and those who don’t, so how are we going to get anywhere with that?

“From a planning perspective there was no enforcement possible so we have to think further ahead. We proposed that we would forget the original motion and look for a way of negotiation.”

He added: “So far I have achieved nothing but I am still trying. My immediate goal is to have a meeting with the owners, nothing more, nothing less. I have to demonstrate a mutual stance if I am going to achieve this goal of negotiation.”

Speaking at the recent Mistley Parish Council, Tendring Councillor and anti-quay campaigner, Carlo Guglielmi, said the “secrecy” and lack of “transparency” with negotiations had caused scepticism amongst residents.

He said: “The spirit of residents has been running high and the local authority was seen to be doing absolutely nothing. People look to Tendring Council as the authority and to them, nothing was happening.

“So we put this motion forward and it was a perfectly unpolitical motion for the council to show support for the people of Mistley who are suffering because of this hideous fence.”

It is now thought the row may result in legal action.

Free the Quay have organised a series of direct action protests in recent months, including tying themselves to the fence, and are now fundraising in order to raise the cash to take legal action against the quay.

David McKay, from the protest group, said: “Free the Quay, as an organisation, is trying independently of the council, to raise money to take the quay owners to court and get the public rights of way established.

“What we have to demonstrate is that the quay has been used as a means of public access and an amenity for at least 20 years and we have a number of documents and statements to that effect.”

He added: “It is the only way forward because as long as Trent Wharfage remain fixed in their position and refuse to compromise by having some sort of board put up that allows access and is acceptable in appearance then we have no choice.”

Mistley Parish Council have also put aside money from next year’s budget which could be used towards legal costs.

• Print
• Email
• Share
• Comments(0)