Mistley: Legal action for controversial fence?
Harwich & Manningtree Standard 7th May 2010

LEGAL action could be taken after a controversial fence on Mistley Quay was repaired without planning permission, the Standard can reveal.

Tendring Council tabled a motion in March, which prevents any fences or walls along the quay being altered, maintained or improved without its permission.

But enforcement officers visited the site last Friday after it was reported a quay worker had damaged the fence and it had been repaired by owners Trent Wharfage straightaway.

The council has confirmed it is taking legal advice after the revelations.
Nancy Bell, who lives on Mistley Quay, witnessed the event. She said: “The fence was damaged by a quay worker last Thursday.
“ I saw one of them accidentally drive a crane into it and two panels came crashing down to the floor.“ But they had repaired it and put the panels back up again within half an hour.”

According to the Article 4 Direction implemented by Tendring Council, Trent Wharfage should have applied for planning permission to put the panels back up again. But the council has confirmed it was not consulted about the work and is considering taking legal action against the Mistley Quay owners.

It could mean the company could be prosecuted or served with an enforcement notice.

Members of campaign group Free the Quay, which has fought for the fence to be taken down since it was put up in September 2008, said they were aware of the situation. Simon Bullimore, of the group, said: “We are of course supportive of Tendring Council in enforcing planning law and if this can have some beneficial effect on removing the fence then so much the better.”

Nigel Brown, Tendring Council’s communications manager, said the council is aware of the damage caused to the fence at Mistley Quay and officers have visited the site.

“ They have investigated the situation and it appears that repairs have been made to the fence,” he said. “We are now looking into the next course of action and are taking the necessary legal advice.”

Trent Wharfage was unavailable to comment.

Mistley: New action in fence fight
Harwich & Manningtree Standard 19th March 2010

NEW ACTION is being taken in a fight over a controversial fence in Mistley.

Tendring Council has announced it is applying for permission to enforce new rules, which would mean any fences, walls or gates at Mistley Quay would need planning permission. And any current fences on the site would also need permission to be altered, maintained or improved.

The move comes after months of campaigning from residents in Mistley after owners of the Quay, Trent Wharfage, erected a two metre high fence at the site following health and safety advice in September 2008.

Campaign group, Free the Quay have protested against the metal fence ever since.

Now Tendring Council, which believes the fence is excessive compared to other ports in the area, has applied for an Article Four Direction.

Sarah Candy, Tendring’s cabinet member for planning, welcomed the move which she said would mean much greater controls at the quayside. “The existing fence has angered many people who had previously enjoyed uninterrupted access to the water and an unrestricted view over the Stour Estuary,” she said. “On top of this, in October 2009, an emergency rescue from the river was impeded by the fence and the council fears a similar situation could arise in the future.”

Mrs Candy added that putting up any structures two metres high without proper planning controls could seriously affect the character and appearance of the Manningtree and Mistley Conservation Area. “The fact that the fence is also clearly able to be seen from the High Street damages the Conservation Area and the setting of listed buildings in this area,” she said. “The council is therefore using its powers to make an Article 4 Direction to control walls, gates or fencing along the quayside. This new way forward has been achieved through partnership working between Tendring’s planning service, Essex County Council and the community.”

The current fence at the quay was put up under permitted development rights but the new rules would mean any new fences put up would have to be given approval by Tendring Council’s planning department.

Kate Worsley, spokesperson for Free the Quay, said: “Free the Quay whole-heartedly welcomes this very positive development, which is thanks to the ongoing efforts of our local councils working with the local and sailing communities to reopen the Quay.”

The Article Four Direction is being submitted to the Secretary of State for communities and local government for approval.

New action is to be taken in a bid to gain strict control over any fencing, walls or gates being put up at Mistley Quay.

Tendring District Council (TDC) is making the move to prevent the construction, maintenance, improvement or alteration of any such features at the site - without the owners first seeking planning permission.

TWL Mistley Quay and Forwarding put up a two metre close-meshed wire fence in 2008, claiming it had the power to do so under permitted development rights. The company, which owns and operates Mistley Port, said the works were necessary to comply with health and safety requirements but it attracted widespread objections from many residents and boat owners.

The Council believes that the fence is excessive when compared to other ports in the area. It is now going for an Article 4 Direction which will prevent further similar structures over one metre unless planning permission has been granted.
Sarah Candy, Cabinet Member for Planning at TDC, welcomed the move which she said would mean much greater controls at the quayside. "The existing fence has angered many people who had previously enjoyed uninterrupted access to the water and an unrestricted view over the Stour Estuary," she said. "On top of this, in October 2009, an emergency rescue from the river was impeded by the fence and the Council fears a similar situation could arise in the future."

Cllr Candy added that putting up any structures two metres high without proper planning controls could seriously affect the character and appearance of the Manningtree and Mistley Conservation Area. "The fact that the fence is also clearly able to be seen from the High Street damages the Conservation Area and the setting of listed buildings in this area," she said. "The Council is therefore using its powers to make an Article 4 Direction to control walls, gates or fencing along the quayside. This new way forward has been achieved through partnership working between TDC's Planning Service, Essex County Council and the community."

The Article 4 Direction is being submitted to the Secretary of State for Communities and Local Government for approval.

Mistley: Keys given out for emergencies
Harwich & Manningtree Standard 20th November 2009

KEYS have been given to emergency services for access to a controversial quay.

Trent Wharfage, owner of Mistley Quay, has given keys to police and coastguards so they can access the site, which was fenced off last September, in case of an emergency. The move came after the fence was cut by the coastguards during a rescue effort on the water at the quay on October 10.

Within days the Health and Safety Executive (HSE) confirmed to the Standard they would look into the situation.
In a statement this week, an HSE spokesman, said: “We have been informed by Trent Wharfage that discussions have been held with the RNLI about access to Mistley Quay. We understand the company has agreed to provide a key, so coastguards can enter the working part of the dock. This means the RNLI will have access to that area of Mistley Quay as well as other points already available along the water.”

In the event of an emergency, Thames Coastguard co-ordinates rescues which can include sending RNLI teams out on the water.
Rosie Tapping, a spokesman for the Maritime and Coastguard Agency, said the incident last month saw a casualty rescued and then brought up alongside the fenced off quay area, to be transferred to a rescue team. She said: “The local coastguard have now been given a key, which allows them access to the quay in the event that a casualty has been brought alongside that area.”

Mistley Police, who it is believed already had an emergency access contact number - arranged with the owners of the quay - have now also been given a key. PC Chris Phillips, from Mistley police, said: “It’s excellent that we’ve been given a key. It will enable us to access the quay in an emergency and will hopefully mean that any incident in that area can be dealt with swiftly.”

Since the two-metre fence was erected, after advice from the HSE, protest group Free the Quay have been campaigning to have it removed or replaced with a smaller fence. Kate Worsley, Free the Quay spokeswoman, said she felt the fact keys have been given to emergency services showed there needed to be access to the quayside.

And Nancy Bell, who lives opposite the fence on Mistley Quay, added: "I think Trent Wharfage hides behind health and safety. They say the Health and Safety Executive told them to put the fence up but years ago they took ladders and lifebelts away.”

Trent Wharfage was unavailable for comment.

Review of Mistley Quay safety fence after rescue drama
Harwich & Manningtree Standard 19th October 2009

HEALTH and safety chiefs are to review the need for a 2m-high fence at Mistley Quay.

The Health and Safety Executive made the announcement in light of a rescue operation which was hampered when rescuers had to remove a section of the barrier.

Campaigners who staged a protest on Monday, after the rescue, welcomed the news. Kate Worsley, Free the Quay spokesman, said: “It is about time. That’s brilliant news. If it means they can talk to the quay owners and find a more sensible and safer solution, that’s fantastic. The HSE never asked for a fence on this scale in the first place. If it can find a solution that satisfies health and safety, we will be happy with it.”

The rescue on Saturday afternoon saw three adults and a teenage boy plucked from the River Stour after their boat sank. Passing yachts pulled three of the party to safety, but one stayed with the boat before the Harwich lifeboat took them to the quayside. Part of the steel fence had to be unbolted by coastguards and residents before the lifeboat could moor up and meet an ambulance.

The fence was put up last September by Trent Wharfage, which was asked by the Health and Safety Executive to install safety measures. A Health and Safety Executive spokesman said: “In light of what has happened, the HSE is reviewing the matter.”
When asked how much power the Health and Safety Executive would have in any ruling it made, the spokesman added: “Any organisation would have to follow HSE instruction.”

The Gazette contacted Trent Wharfage yesterday but no one was available for comment.

Drastic action - a section of fence had to be removed.
Click for full story, Colchester Gazette 13 October 2009 (pdf 356Kb)

Pull it down - objectors outside the office of Michael Parker, boss of Trent Wharfage, owners of Mistley Quay, where they fear a fence is creating a safety risk. Click for full story, Essex County Standard 16 October 2009 (pdf 195Kb)

Strong Opposition on the Wharf
John Osborn, 11th September 2008

Section where it is planned to install more fencing within days. John Osborn, 11th September 2008

"Trent Wharfage seems to believe that it can stop the public using Mistley Quay altogether. First it tries to stop pedestrians and river users from using the quay.
Now it wants to stop cars too. This is a highway and this is highway robbery," says Simon Bullimore.

Trent Wharfage (TWL) and Tendring District Council say there is no road for vehicles on the quay. They are wrong.

A public highway DOES exist at the quay
Essex County Council recognises that a publicly maintainable highway to Mistley Quay DOES EXIST. This runs from three different points on Mistley High Street and along a narrow strip on the landward (south) side of the quay. The rest of the quay, owned by TWL, is the non-maintainable highway which widens the strip so that vehicles can use it. This section is the highway used by anyone driving onto the quay. It is used as such by TWL and recognised as such in planning case law.