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Protecting The Dedham Vale |
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Protecting The Dedham Vale |
Until five and a half years ago Manningtree station announced itself by an avenue of poplar trees. Step off the train, cross the station car park & turn right you would be at the foot of one of the most celebrated walks in natural England, starting through the poplars & heading towards the heart of the Dedham Vale. Not far along the River Stour when the scene becomes remarkably familiar you might stop. You could be standing on the very spot John Constable set up an easel to paint his world famous masterpiece 'The Hay Wain'.
The experience starts differently today. The poplars have been felled. And, to expand the car park, the adjacent sloping bank has been levelled with infill buttressed by a 190m sheet metal wall up to 4m tall. CCTV cameras watch and darkness triggers a sharp white light that can be seen from miles around. This is no gateway to Dedham Vale. This is gateway to Guantanamo Vale.
The Dedham Vale is a 'legally protected'
We are individuals from Manningtree, Essex, who, until March 2020, were privileged to enjoy the sanctuary of an 'Area of Outstanding Natural Beauty' (AONB) on our doorstep. However, while COVID ripped through the UK, a giant metal wall ripped through our 'protected' sanctuary. How was this allowed to happen?
This is our attempt to explain.
We are not legal professionals but members of the public who have invested considerable time to understand elements of UK law (especially as it relates to development by train operators on their station land). This lead straight to the authored 'sleight of hand' behind the devastation brought upon Manningtree & the Dedham Vale. Do read on.
We hope that this resource will be interesting, relevant & helpful to those like us. All we ask you to do is to share it with others. Thank you.
Planning advisor to Greater Anglia, Mott MacDonald Ltd, wrote a
provide details of the development proposals and seek confirmation from Tendring District Council ('the LPA' hereafter) that an extension to the existing ground level car park is
Mott MacDonald's letter quotes the following planning law:
'Development by railway undertakers on their
(In other words planning law permits railway undertakers to develop on station land classified 'operational' without having to seek planning permission. They can, more or less, do whatever they want on such land.)
Mott Macdonald's letter goes on to claim that the Manningtree Station development plot is operational land. Was it? It was NOT:
The two subsections making up
Hence, according to law, the Manningtree Station development plot is not operational.
So, while claiming that the Manningtree Station development plot is operational, how does Mott Macdonald's letter accomodate Section 263 of TCPA? Buried inside Mott Macdonald's near 2,000 word letter a redacted Section 263 retains the conditions of subsection one and omits those of subsection 2.
In March 2020 Greater Anglia sent a very similar
The planning authority, Tendring District Council, issued a
Greater Anglia built at Manningtree Station. It