S.O.C.H.

As you are aware, our village has been subject to a concerted effort by City and Country Group PLC to restrict our access and use of the Bury, which has been met with strong opposition by our community. Recently, those opposed to City and Country Group’s activities have been quietly awaiting the decision of Tendring District Council with regard to enforcement of their original decision that the gate and fence is in contravention of planning regulations.

TDC have now reversed this decision, an agreement has been made between C&C’s and TDC’s lawyers that the Bury is not “curtilidge” of the Priory, therefore planning permission is not required. This is not a legal ruling, merely an agreement between two lawyers based on a questionable interpretation of case law in what is a notoriously grey legal area.

TDC’s Planning Officer has taken this as read, but without consulting the elected council as he is duty bound to do in the interests of democracy and as clearly laid down under statutory planning law. Therefore, he has effectively reversed the original decision that the fence and gate are illegal and allowed it to remain.

TDC have applied to the Secretary of State under Article 4 of the Town and Country Planning Act that no further work can be carried out on the Bury without planning permission. C&C will of course contest this, and if successful, as TDC have already accepted that the current fence and gate are legal, then they can do whatever they like!

Application of Article 4 is just a smokescreen to disguise TDC’s reversal of decision and raises the following questions;

Why did TDC not consult the elected councilors in accordance with correct procedure?

Why have they reversed their original decision?

Why have they ignored the Appeals Inspector’s decision of 1/6/07 which states; “that fencing off the car park, and extension of the fence across the road frontage of the Bury would be a retrograde step. Even allowing for the style of fencing proposed, the openness that is very much part of this historic setting of the listed structures would be eroded”

Some other points;

The Bury was de-registered as village green in 1981 but all documents relating to this, and the undertakings by the then owner of the Priory not to fence the Bury, have disappeared.

The question of curtilidge is open to interpretation and can only be decided in a court of law.

As the people of St Osyth have used the Bury for hundreds of years, we can claim that we have established prescriptive rights to continue to do so.

Legal advice is being taken regarding these issues, your support is vital if we are to protect our heritage and prevent property developers from ruining our village.

Here’s how you can help:

Get involved at www.stosyth.org Here you can have your say and keep up to date with news, actions and meetings.

Download the TDC complaints form (below), fill it in and send it to:

Stand with us and be proud to be part of this community; together we can make our village a better place for everyone!