VILLAGE DISPUTE WITH PRIORY OWNERS OVER THE PUBLIC RIGHTS TO USE THE BURY The Village dispute with the Priory owners can no longer be ignored by what is the Parish Council's Web Site. This article will hope to show the use of the Bury by residents, the restrictions imposed on residents in November 2006 and the partial removal of those restrictions by the owners, following a recent meeting. We hope it presents points of view from both the Priory owners and the Parish.
	The piece of land covered by snow in the above picture is known as 'The Bury'. For many hundreds of years the land has been open and unfenced, but maintained by the Bury owners for the benefit of the village. The Priory was a major tourist attraction over the years and, since the invention of the motorcar, as a place where cars could be parked by Priory visitors and residents alike, in the centre of the village. From an historical point of view as far back as 1283 a license was granted to hold 'Fairs and Markets' on land alongside the Priory and today the District Local Plan describes this land as 'Protected open space'.

	The Bury being used as part of the celebrations for Her Majesty Queen Elizabeth's Jubilee with the holding of a music event organised by St Osyth Business Association. Many hundreds of people gathered together to join in the festivity
	The Priory owners, the Sargeant family who purchased the Priory in 1999, also became the owners of the Bury. They are the owners of a property company and a number of subsidiaries, the parent company being City and Country Group. This Group have a reputation as developers and restorers of historic buildings and a number of examples are be found on their web site at: http://www.cityandcountrygroup.com If you want specifically to find St Osyth Priory on their web then click: http://www.cityandcountry.co.uk/residential/futuremap/index.html Last year the owners claimed it was necessary to shut off the Bury with a six-foot construction fence for a number of reasons. Firstly because they were suffering with vandalism and noisy yobs, at all hours of the night, shouting abuse at the Priory from the Bury. Secondly the car parking had resulted in large potholes being created, which they had attempted to repair without success. The Priory owners had applied to the District Council for planning permission to enclose the Bury with a fence and to provide for a limited number of car parking places. The Parish Council did not support this application and the District Council refused. A second application, slightly amended was submitted, but again refused. The first refusal was the subject of an appeal to Her Majesty's Inspectorate, where the Inspector, after visiting the site, dismissed the appeal.

Music On The Bury

Music On The Bury

Our local butchers cooking and feeding the 'hungry crowd' with beef burgers and hot dogs, all with plenty of onions! Visitors could bring their own food and drinks

A view inside the Priory grounds which, up to June 2006 had been opened to the public by the Sargeant family, to help the Church 'Open Gardens Day' fundraiser.

	The Bury in the process of being surrounded by a construction fence intended to keep everyone out. The cars parked that day were released when the owners arrived and after the last car left the barriers were permanently secured.
	This picture and the two below, taken in June 2007 show the state of neglect at that time. The Bury was covered with weeds and became a blot on the landscape. Many residents' complained that they felt obliged to apologise to their guests and other visitors for the state of the Bury.

The locals claim they have little knowledge of yobish behaviour and residents of the properties numbers 1 to 6 The Bury, situated immediately opposite the area, say they have not heard any disturbance, even when their bedroom windows are wide open. Critics of the previous attempt to repair the car parking damage to the grass say that the grading and reseeding was marked out of bounds with tape, whereas a property company seriously wanting to close off an area would have used a construction fence, such as that erected on 5th November 2006.

In August 2007, without the benefit of planning permission the owners erected a five-barred gate to control access to the road to the Gatehouse. At the same time a pedestrian gate restored the residents' rights to roam on the Bury which had been obstructed by the construction fence, now replaced with wired posts.

 

A group of residents, names unknown, formed an organisation called 'The Peoples Popular Front of Toosey", (Toosey is a local name for St Osyth) who took it upon themselves to remove the offending fences, placing them on the owners land. The fences were re-erected, only to be taken down again and so on! Posters appeared on lampposts and banners were hung across the main street, demanding that 'The Bury be Freed'. Whilst this action was not openly supported in the village, many people in private gave it their grudging support. This organisation has set up a web site and can be found by clicking: http://groups.google.co.uk/groups/search?hl=en&ie=UTF-8&oe=UTF-8&q=Peoples+Popular+Front+for+Toosey&qt_s=Search+Groups It is currently a sore point with residents that notwithstanding two lost planning applications and a lost planning decision given by the Inspector, the owners continued to maintain the fence and now have actually erected pedestrian and vehicular gates without any planning permission and in contravention of the above refusals by the District Council and the Inspectorate. The Sargeant family led by Tim Sargeant sought a way out of the impasse by asking Miss Phyllis Hendy, former District Councillor, former member and Chairman of the Parish Council, our Local History Recorder, lifelong resident of St Osyth and former resident of the Priory when is was used commercially as a nursing residential home, to organise a meeting for them in the Village Hall. They knew that whilst they might not agree with what Miss Hendy had to say, she had the respect and trust of the residents of St Osyth. This meeting took place on the 10th August, and Jo Cole, secretary of the Local Historical Society, took notes of the meeting on behalf of the village. These minutes/notes are attached at the end of these pages. Following this meeting, limited use of our Bury was granted by the owners for both pedestrians and vehicles. This itself caused further problems because it was held by many that the village already had these rights and that the argument had always been about attempts by the new owners to take those rights away. This remains the current position at the time of writing.

After the village meeting, limited parking was arranged within specific hours in an area laid out with logs to direct any vehicle. This pathway was intended to allow the reseeded and graded area to grow properly, where work had been done, by the owners, to repair the damage caused by cars parked and where many potholes needed attention. Pedestrians could now walk once again on our Bury. It should be noted that dangerous areas of the Priory structure were protected by a shorter construction fence.

Behind the Priory walls there is a private chapel where once a year, on St Osyth Day, the vicar of St Osyth has been allowed to hold a service. With the exception of the war years this tradition had continued for 100 years, but in September 2006 after the refusal of their planning permission, the owners said the building was 'unsafe' for use. http://www.stosyth.gov.uk/default.asp?calltype=stosythday

15/9/07

************************************************************** Text copied from notes of the meeting by Jo Cole. Errors and omissions excepted and some minor textural alterations included. Notes of Extraordinary Community Meeting held in St Osyth Village Hall on Friday 10th August 2007 at 7.30 p.m. Miss Phyllis Hendy opened the meeting by saying that the Sargeants had asked for the meeting. She thanked the Village Hall Committee for free use of the hall, ST Osyth Business Association for covering printing costs, individuals who had offered their help, and Jo Cole for taking notes. The meeting would be conducted to comply with the local government code of conduct and expected to close at 9.30 p.m. Chairman's opening statement. We all agree on restoration of the Priory. Think of the scale and cost to restore the Priory that has been neglected for over 40 years. The ruins, chapel, 300 acres of parkland and large garden, including the Bury, all neglected. For most of what the Sargeants have to do there can be no return on the scale of work. Whatever happens regarding the Bury, because it is privately owned by the Sargeants, they have to accept public liability. For the Sargeants The Sargeants are seeking an enabling policy with English Heritage, Essex County Council and Tendring District Council, but will not know until Sept/Oct whether this enabling policy will be granted. The Sargeants objective is to convince the community that if they lift the barriers preventing parking, control measures are essential and this will involve change. Currently no established rights to park on the Bury, but a strong claim for right by custom and usage, which by asking for this meeting you acknowledge. For the Community. 36% live at Point Clear, 10% on Heath, 60% are over 60, higher than average disabled. The Parish is 12 sq miles so cars are essential. A Municipal car park is low priority. The vast majority are very grateful for parking on the Bury. The Sargeants have to be convinced not to prevent parking altogether, but to honour the right by common usage to park on the Bury. The community have to acknowledge the Sargeants acceptance of implementation costs, upkeep subsequently and Public Liability. Tendring District Council. Michael Talbot was then invited to speak on the current position on behalf of TDC. He gave a resume of the situation so far, and concluded with the current position. Two applications to fence off the Bury have been rejected. The Planning Inspectorate has rejected the fencing-off of the Bury, making a total of three rejections, not withstanding three legal decisions against the owners being allowed to fence off the open public space, the so called protective construction fence was erected and retained for a long period of time, in contravention of these rejections and any possible legal implications and most certainly against the moral strictures of the lost applications to erect a fence. In July 2007 a third application was made to close the Bury access by the war memorial, which we all agree is a dangerous roadway, and construct a new entrance halfway along the Bury frontage. TDC wrote to the Priory owners on 13th July stating how they saw the position and setting out some matters to be considered by all parties. The question of whether what are called Permitted Development Rights exist was investigated and the conclusion was that "the Priory does not enjoy Permitted Development Rights for erection of walls, fences, gates and other means of enclosure without the benefit of planning permission on the Bury." The Sargeant family. Tim Sargeant stated that he would like to hear first hand what individuals present had to say, to gauge their feelings and passion about the Bury. He said they were in the middle, and wanted to hear others views. The other part of the equation was English Heritage and they could not upset them. Community Groups: St Osyth Business Association. (70 members) Lynda Spinks reported that the association. was saddened by the loss of parking which had a devastating affect on the village, leading to possible closure of some businesses. The Bury should remain an open space with views of the Gatehouse, with no fencing. As large an area of durable parking as possible with a row of low wooden posts, with a chain across roadway to allow overflow parking. Parochial Church Council. (20 members) Sonia Grantham stated that although she was a Parish Councillor, she had not discussed or voted on the issue of the Bury at Parish Council level, and was representing the PCC only. The PCC concurs with the Appeal Inspector on the issue of the parking as being "a community issue and must be resolved locally". They recognise that some control in the parking of cars would enhance the setting of the Gatehouse. They would not oppose a grass bund with a chain across at the east end of the Bury, and appreciate access to the remainder of the Bury for parking for weddings, funerals and christenings. Open access with no visual impairment should be preserved to allow the magnificence of the Priory Gatehouse to be enjoyed by all. Historical Society. (60 members) Nick Lee stated that that the society viewed the maintenance of the Historic Priory of utmost importance, but there were no grounds to fence off the Bury. Everyone was well aware of the need for parking in the village, and suggested that bollards would be a possible solution. Drs. Raja and Lineen (unable to attend) in a letter stated that their patients found it a considerable inconvenience to park without the Bury parking and welcomed any resolution which leads to increased parking. PH then read a letter from C & L Westripp (No 1 The Bury). Friends of St Osyth Church (60 members) Mark Roberts stated that they were an independent charity working closely with the Church. Parking on the Bury was important to them as parties were often shown around the church, and events organised in the church. Parking should be restored for the benefit of the village. Other measures need to be taken to overcome problems. Johnson Institute Social Club (600 + members) John Pavey stated that the club had many older members and was a meeting place for many who lived alone. The club also organised parties for children and older members. Of late there are very few places to park, and this was having a detrimental affect on attendance. If the club were to fold due to lack of members it would be handed back to the village. Important also to retain pedestrian access on the Bury. Playing Fields Association. (Mark Shuttleworth) Cowley Park is managed by a charity. 45 members in cricket club, 20 members in football club. In summer parking no problem as ground firmer but in winter cars double park on road restricting emergency vehicles. Application made to Lottery to rebuild pavilion and car park but only 25% of applications successful. Great deal of sympathy for Sargeant family over task they have. Something needs to be done but not fencing or re-routing of traffic. Bollards along front of Bury, with retractable bollards in 2 access places to accommodate larger numbers for funerals etc. PH then read two further letters: Mr & Mrs Kenny and Mr. M. Bareham Wildlife Interests: As a member of the Wildlife Trust (over 100 members), Reg Arthur stated that a mixture of laws, rights and priivileges was involved. A scheme should be found that was sustainable in the long term to safeguard the semi-natural grass and wildlife. Restrictions on parking elsewhere in the village have put further strain on parking on the Bury. If a small area were to be set aside on the Bury then webbing or grasscrete blocks should be used and not tarmac. The village problem of parking stems from bad planning in the past. We should work together for the future, we need a parking plan for the village. Mrs. C. Oswald objected to the fence on the Bury. This caused an unsafe situation for people waiting at the bus stop and alighting from buses. Carol Jacobs said the Sargeants should be allowed a front garden and suggested bollards around the grass where their windows were. She did not like the keep out appearance of the fence and asked for welcoming signs encouraging use of the Bury. Mr Swaisland said that parking had become much worse over past year, cars were triple parked in Church Square blocking others in. He had met visitors from abroad in the Square who were disappointed that the Priory was not open, and said it would be good to see the Priory back as it was. Mr. David Smith said that the open aspect of the Priory should remain. It should not be fenced off or dissected by a road. Parking needs to be controlled, large fence posts are not necessary to restrict vehicles, and short posts would suffice. Mr. R. Walker (District Councillor) Only in office since 3rd May but having lived here for 37 years appreciates difficulties occurring with the Bury. Feels more work to be done with English Heritage because of public liability on the Bury and damaged caused by the public. Here to listen to get views of the Parish and form further opinion having heard from the population of St.Osyth and Point Clear. Mr. D. Robinson (County Councillor) The parking situation has become worse and worse. It is crucial for people to be able to use the town. Some form of parking needed, possibly off street parking. As yet nowhere found suitable. Important for parking to be restored on the Bury as without some form of car park the village will suffer. Police Constable Chamley declined the offer to address the meeting. Mr. John White (Parish Council Chairman) Out of the 28 planning applications submitted by the Sargeants only 3 have been refused. The Parish Council has to a person all expressed views to keep the Bury open. It has received requests to use bollards. The Bury should be returned to its former glory (without potholes) and people allowed to walk and picnic, enjoying the magnificent view of the Gatehouse. Hooligans are not on, and should be overcome by the police. There being no other presents wanting to speak, PH then invited the Sargeants to respond. Tim Sargeant thanked everyone for their views. He did not believe there was an established right to park on the Bury. PH said there is not a right but common usage for over 100 years. TS said do you believe there is a right to park on the Bury? PH answered there is a history of a common right of usage. You need to make planning application for the fencing and the gates. That argument takes place between you and the District Council I do hope that because the planning process is slow and takes a long time that you do not punish the rest of us. While negotiations are going on will you please restore an area for parking on the Bury, remove the wire where the bus stop is. Do not think of the hooligans but of the vast majority who would never offend you or take advantage. TS replied that he would like to say they were frustrated with planning process in terms of trying to restore the Priory in its entirety. They do not wish to punish law-abiding citizens of St.Osyth. Do not want them to see the Bury degraded in the manner it was. There then followed a discussion between PH and the Sargeants as to the history of the rights of the Bury. David Sargeant then stated they were appalled by anti social behaviour. They were hard working people with the credentials to restore the Priory, and want to do a good job. (The underlying suggestion being those who had objected did not have the knowledge to challenge their applications.) PH said people here have followed the planning procedure which was upheld twice at district level and once at appeal procedure. Those here tonight are the community. Thank you ladies and gentlemen for attending. On your behalf I have made a request for the restoration of parking on the Bury pending planning. Meeting closed at 9.15 p.m. P.Hendy Chairman.