The District Council has concluded (on the information available) that on two counts the erection of a fence two metres high on Mistley Quay in the location proposed would not amount to development requiring planning permission.

Firstly, the General Permitted Development Order allows any party to erect fencing to this height without needing to apply to the Council for planning permission provided it is not adjacent to a public highway. It seems clear that the fence is not adjacent to a public highway.

Secondly, dock or harbour undertakings have their own specific rights under the same Order to carry out development for the purpose of shipping or in connection with the handling of goods. It appears that the fence in question could also be erected under those powers.

However, the Tendring District Local Plan 2007 provides that where any new buildings or works requiring planning permission are proposed on the land controlled by the company which are not port-related, in considering them the Council will seek to ensure that public access to the waterfront is available.

The Council will be putting to the Company and the Health and Safety Executive the understandable local public concerns about the appearance of the fence and its impact in limiting public access to the waterside and the use of the quay by boats for mooring purposes.

However, this Council has no powers to require the removal or modification of the fence. Moreover, it has no jurisdiction over what private or public rights may or may not exist over the land in question.