Essex Gliding Club has received the decision
letter concerning its recent appeals against Enforcement Notices originally served by
Braintree District Council seeking to deny some of our rights. As we predicted, our mobile
units have been declared entirely lawful. The structures in contention were a mobile home
used as a briefing and meeting room, two containers on wheels, and a mobile glider store
also on wheels. All had been moved around the site at various times, and they had been
acquired only following legal advice that they were lawful. Unfortunately the Council,
urged on by an unrepresentative pressure group, challenged this without ascertaining all
the facts, exaggerated the size of the glider store by over 100 percent in their evidence
to the Public Inquiry and had to admit they were wrong, and lost their case on all three
items.
"It is a pity that taxpayers money as well
as ours has been spent in arguing legal points that might have been settled in a
meeting" said a spokesperson for the Club.
On a fourth issue, whether certain land had acquired a 10-year use for gliding and so was
lawful, the inspector upheld the Council's view that the early use was insufficient to
have created a material change more than ten years ago. The Council had originally told
the Gliding Club that the disputed area had planning permission, but later changed its
mind. The Club had used the land in question based on the Council's original advice.
The Public Inquiry was held on October 2nd, 3rd
and (after an adjournment) October 12th. The Council gave written evidence, repeated on
oath, that the original planning permission covered an area of only 13 acres. They had
supported this over a period of years with several plans, all claimed to be original
documents dating back to 1976, but all different, only one being authentic and that was
too unclear to show a defined area. The others appear to be forgeries, by some unknown
persons. The area on the plans varied from 14 to 20 acres. The most recent map, sent to
the Planning Inspectorate as though it were an original 1976 plan, showed an area of 17
acres, and was different from all previous "original" plans. In written
evidence, the Council said "There appears to be some discrepancies in the plans that
relate to the extent of land covered in the planning permission. Further clarification on
this matter will be given at the Inquiry." They provided no such clarification at the
Public Inquiry.
The Club's spokesperson said "We are not surprised that the Council did not
explain why they had used so many different maps - it must be difficult to admit using
forgeries. The Inspector's decision appears to be a fine legal point, certainly contrary
to our barrister's opinion, and we are studying its implications. Sadly, it is
likely to have an effect least wanted by neighbouring residents, the Council, and
ourselves. If it prevents us from using our almost inaudible winch on many days because of
the lack of sufficient area for the winch cable, we shall be forced to use more towing by
a powered aircraft which is audible from many dwellings in the district. We shall also
have to keep all our equipment in a prominent position visible from public roads, not
behind a hedge on land we already own and out of everybody's sight. It seems a real
own-goal by the minority of activists who have forced this decision to be made, and the
worst possible result environmentally. No doubt if any local people suffer more
disturbance as a result, they will make their views known to those who have caused the
problem.
"We have never sought confrontation with our neighbours. We wish to enjoy our legal
rights, to intrude on others as little as possible, and to provide a facility for anyone
living locally to enjoy. We hope the Council will now stop issuing false information,
leave us alone, and cease both their harassment and the waste of taxpayers' money."