Mistley Quay to keep village green status after Supreme Court ruling

A concrete quayside will keep its village green status after a port owner lost its final legal challenge in a 13-year dispute over fencing.

Landowner TW Logistics erected fencing at Mistley Quay in Essex over concerns people would fall in the water.

Campaigners branded it an "eyesore" preventing full use by the public, and gained village green status so the fencing would be deemed an obstruction.

TW Logistics' appeal against the status was dismissed by the Supreme Court.

It heard the land looking out on to the Stour Estuary, near Manningtree, had been used by TW Logistics' port vehicles and for local residents' sports and pastimes for many years.

The 1.8m (5ft 11in) high fencing was put up at the waterside in 2008 following concerns of enforcement action by the Health and Safety Executive.

Campaigners argued the fencing spoilt the view and blocked off the estuary, particularly for artists, photographers, sailors and swimmers.

Ian Tucker, a local resident, then applied to the county council for the quay to be registered as a village green, available to the public for recreational use.

A public inquiry in 2015 found part of the land satisfied the criteria, having been used by a significant number of people for 20 years.

The High Court dismissed an appeal by TW Logistics, which was upheld by the Court of Appeal.

In their ruling, Supreme Court judges Lord Sales and Lord Burrows said the phrase village green "conjures up an image of the archetypal village green with its area of grass" - but that this 'green' was a 200 sq m (2,153 sq ft) area of concrete in a working port, where HGVs are driven.

They dismissed all the appellant's arguments, including that the company could be criminalised for using port vehicles on the green.

TWL Logistics could continue its activities as before, provided it did not interfere with the right of the public to use the land, and some "give and take" was required on both sides, the ruling added.

Speaking after the ruling, Mr Tucker described it as a "momentous day" and Simon Bullimore, chairman of Free the Quay campaign group, said the fence was "finally established as an obstruction on the village green".

"We hope that TW Logistics will talk to us about an environmentally and aesthetically acceptable form of safety barrier along the quay edge," he added.

Essex County Council said it was pleased the "unnecessary" litigation appeared to have been brought to an end.

TW Logistics has been approached for comment.

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