Proposed Air Strip. Legal team dismissed.

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Proposed Air Strip. Legal team dismissed.

Postby r_w_walker » Fri Dec 02, 2016 6:39 pm

South Moor Farm – Proposed Air Strip.

Update 19/02/2018. Legal challenge not advised.

Update 10/02/2018 Fourth appeal dismissed - Legal team appointed.

Update 07/01/17

Thank you for the support, 23 letters of support, 23 letters objecting so far.

Airfields are closing and it is extremely difficult to open a new one.

Could do with more support. Any bird watchers, ornothologist's who fly light aircraft?

The third application was dismissed because the planning inspector was concerned about the effect on Nightjars and Goshawks and requested a bird survey which is now included in the latest application.

Fourth Application - NYM/2016/0817/FL

I have now submitted a fourth planning application for my proposed air strip.

The planning authority may notify you of the new application but unfortunately they told me that letters or emails of support are not carried forward to the new application.

Thank you if you have already sent a letter of support, if not:-

Could you please send a supporting letter or email if you would like to support or continue your support.

Information below if you would like to support the application.

If you would like to use the strip in the future please tell the planners why, e.g. staying at South Moor Farm B & B, visiting relatives, visiting Dalby Forest, visiting Scarborough, Whitby or Pickering.

If you have examples of air strips supporting wildlife, not damaging local ecology please mention them.

To view the planning application for the Air Strip at South Moor Farm go to the North Yorkshire Moors Planning Web Site:-


http://planning.northyorkmoors.org.uk/N ... earch.aspx

And enter in the application number box:- NYM/2016/0817/FL

Clicking on the application number will then allow you to enter comments.

A copy of the airstrip details at

http://www.southmoorfarm.co.uk/dalbyairfield.html

Currently in use under 28 day rules.

If you would like to support the application please write to:-

North York Moors National Park Authority
The Old Vicarage
Bondgate
Helmsley
York
YO62 5BP

or email planning@northyorkmoors.org.uk

Quoting application number:- NYM/2016/0817/FL South Moor Farm Air Strip.
Please include your name and address.

Or use the comments facility on the application details page.

Bob.
Last edited by r_w_walker on Tue Feb 20, 2018 9:30 pm, edited 4 times in total.
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Re: South Moor Farm – Proposed Air Strip. -Support again ple

Postby Gerry Holland » Fri Dec 02, 2016 10:50 pm

Robert
Response sent to Council. My Strip at White Ox Mead has been in existence for 40 years and is totally spoilt for choice with wildlife...including the Pilots! Hope my comments help.
Regards
Gerry
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Re: South Moor Farm – Proposed Air Strip. -Support again ple

Postby Ian Law » Sat Dec 03, 2016 12:08 am

E mailed my support this evening.

Best of luck.

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Re: South Moor Farm – Proposed Air Strip. -Support again ple

Postby Chris Martyr » Sat Dec 03, 2016 11:06 am

Bob,
Full support given. Also , you have a PM .
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Re: South Moor Farm – Proposed Air Strip. -Support again ple

Postby r_w_walker » Sat Jan 07, 2017 1:27 pm

Update 07/01/17

Thank you for the support, 23 letters of support, 23 letters objecting so far.

Airfields are closing and it is extremely difficult to open a new one.

Could do with more support. Any bird watchers, ornothologist's who fly light aircraft?
Robert Walker
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Re: Proposed Air Strip. 23 For 23 Against, still time to sup

Postby mikehallam » Sat Jan 07, 2017 7:30 pm

Hi Robert,

How does one add supporting comments ?
Because your application number once entered doesn't open any place to write except, perhaps, at the very bottom of the page where one can write to the Council - surely not that ?

FWIW. I operate an airstrip in Sussex which since 1994 has turned farmed land into a British wild plant haven of the type beloved by the wild side of Kew Gardens people. Animal life prospers with toads, field mice, deer, hawks and buzzards. The latter have unfortunately driven away the skylarks !

This is all due to reduced disturbance of soil or wild life by our resident a/c owners which activity isn't great. The land is left to grass and the strip mowed a dozen times in the Summer, and the hedges every two years get cut by a local farmer.

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Re: Proposed Air Strip. 23 For 23 Against, still time to sup

Postby Chris Martyr » Sun Jan 08, 2017 3:18 pm

Hi Mike,
And anyone else who would like to support this very worthwhile cause. The process is simplicity itself. Just e-mail to; planning@northyorkmoors.org.uk giving them the relevant reasons why you support Bob's Application.
Just make sure that you include your address and post code though. I found them a little more user-friendly than the Maldon Council re; the Stow Maries application. [friendly Northerners :D ]
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Re: Proposed Air Strip. 23 For 23 Against, still time to sup

Postby mikehallam » Sun Jan 08, 2017 4:03 pm

Thanks Chris,

I'd really like to have heard from the strip's proposer before launching into auto protest mode.
If it's already been operating as a strip (say under the "28 Day" rule) why not carry on. Alternatively start using it 28 days a year and let the objectors see for themselves.

This is basically how we operate except exceeding the days for flying and in parallel keeping a plane in a purpose built 'tractor' shed for 365 days a year. Log all flights, & it's very unlikely that anyone (Mr. Grouser?) would take the trouble to monitor movements 100% of the time.
With quiet operation no-one has ever objected here in all 30 years and doesn't require any planning O.K. or change of use. It's that which scares folk.
After all this time I've the much sounder Common Law rights & the Council can't/won't be able to impose restrictions - say, "No evenings" or "No Sundays" etc. etc.

If a a building is really needed - which the application briefly indicated - & is to be a sort of club house; then place a legal used caravan on site, it will have all the basic facilities like cooker, fridge both gas fuelled & putting in solar power is easy. Again that's all within a land owner's remit.

Seems to me you can either fight the Authorities head on - when clearly with the fourth time round one's chances are low against a doubtless well organized opposition gang of local objectors or you take the Common Law route which initially needs managing but in the long run gives greater freedom. [IMHO]

mike
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Re: Proposed Air Strip. 23 For 23 Against, still time to sup

Postby Paul Lowry » Thu Jan 12, 2017 7:21 pm

Just submitted a supporting response to the application in time, as I see tonight it closes.

Good luck with the application.

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Re: Proposed Air Strip. Legal team appointed.

Postby r_w_walker » Sat Feb 10, 2018 1:50 pm

OOPS - Sorry forgot to update this Forum.

The case went to a fourth appeal hearing held 31st. January. 2018.
Appeal dismissed again.

I was unable to convince the inspector that birds would not be affected despite evidence from Russel Savory from Stowe Maries who attended the hearing.

I have now appointed a legal team to explore a challenge and possible Judicial Review.
This will be expensive and I will not be able to afford all the costs.
I can fund the first meeting on the 19th. Feb when they will set out the options and possible costs.

Another forum suggested setting up a crowd funding appeal which I will do if the legal team thinks we can win.
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Re: Proposed Air Strip. Legal team dismissed

Postby r_w_walker » Tue Feb 20, 2018 9:27 pm

Had a meeting with a legal team yesteday,

They do not think a Judicial Review would be successful; the evidence on bird activity and response to aircraft is insufficient. There is no legal basis for a challenge.

If a Judicial Review was successful the case would go back to a different planning inspector who may or may not arrive at a different decision, so could be no better off.

They also cannot challenge the Article 4 directive on any legal grounds so the airstrip will close in April.

They recommend finding a new planning consultant with experience of airfield planning issues.
Commission a new bird survey over a longer period of time and greater area.
Submit a fifth application with lower movement numbers.

A comprehensive bird study will be expensive.
I can fund a fifth planning application but not the bird survey.

I will be looking for estimates for the bird survey, might need to crowd fund that.
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