Mistley Quay campaigners chain 'eyesore' fencing in 14-year row

Campaigners have chained the word "unlock" to fencing in a bid to get the "eyesore" that has been part of a 14-year dispute taken down.

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

Campaigners gained village green status so the fencing would be deemed an obstruction but it is still there.

The firm said the fence remained in place to comply with safety legislation.

Campaigner David McKay said: "We are trying to get Essex County Council to issue an injunction to get the fence removed, not removed entirely, but replaced by a more suitable structure which does meet all the health and safety criteria but which allows access to the water."

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 branded the fencing an "eyesore", saying it spoilt the view and blocked off the estuary, particularly for artists, photographers, sailors and swimmers.

An application was made to the county council for the quay to be registered as a village green, available to the public for recreational use, which was granted in 2015.

Despite an appeal by TW Logistics, the decision was upheld by the Supreme Court in 2021.

Essex County Council (ECC) said although it was the registering authority for town and village greens, it was not the enforcement authority because the land was owned by a company.

"ECC has opened dialogue regarding Mistley Quay with the landowners, the Department for Environment Food and Rural Affairs and Tendring District Council and this dialogue will continue," it added.

TW Logistics said that as landowner it was responsible for safety at the port, which included the area that had been designated a town or village green, and it had had many discussions with the Free The Quay group that wanted the fence removed.

It said the drop from the quay to the water or shore was up to four metres, depending on the tide, which posed "wholly forseeable risks" to people and vehicles, and there was no legal requirement to remove the fence.

A company statement said "we have pre-existing rights and a duty to ensure that persons not in our employment aren't exposed to risks... whilst on our land; a breach of this being a criminal offence under s33" of the Health and Safety at Work Act.

"We're not in a position to make 'concessions' or 'compromises' with regards to port users' safety," it said.

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