Minute Number 176 – Questions from the Public.
Q1) James Holdsworth – In light of recent developments concerning documented evidence, verifying and confirming the existence of a road/highway adjacent to the Town Hard – the B1029. Also relating specifically to the Town Hard, the non-adherence to the requirements of the deed of gift dated 1898. I would like to know what position the Councillors will now take with regard to the recent contract and new charges, set up and authorised between the Town Council and the Harbour Authority.
Q2) Richard Price – Thanked Councillors Chapman and Steady for the information already given to him. He asked if they can find out abut the changes to the parking Partnership, and also extending to a bigger area.
A1) Councillor Goggin said that at the last meeting some answers to the questions were not given fully as they could be. This questions were sent off to our Solicitor, and he then read out the answer to question 1, as follows:
“There is no evidence on the up to date Land Registry title (copy enclosed at divider 5 nor the Essex County Council Highways Search dated 5 November 2014 (copy enclosed at divider 8) that there is a highway running down to the water on The Hard.
The Land Registry title does show an access to The Hard next to the public pontoon (that is slightly larger than the Highways Search) but this only provides access onto Brightlingsea Town Council’s land and not to the water.
Brightlingsea Town Council can prove ownership by virtue of being the registered proprietor at the Land Registry (entry B1 of the title). The date of registration was 14 April 2005 but the land was actually given by William Pannell to Brightlingsea Urban District Council in 1898. When Brightlingsea Urban District Council ceased to exist, all of its land was automatically transferred to Brightlingsea Town Council, we believe by statutory power.”
Councillor Aldridge then spoke about a document that was produced in 2001 by John Pitt, and read out the item on the Town Hard, as follows:
“Town Hard and Public Pedestrian Causeway – The greater part of which was subject of a Deed of Gift 1894 subject to certain Restrictive Covenants, part was acquired under threat of a compulsory purchase order immediately post 1939/45 war and part was included in the purchase by BUDC of the former Aldous Successors Limited Shipyard Estate. It should be noted a distance of 38 feet running parallel with the public Causeway on the eastern boundary of the Causeway constitutes a public highway B1029 to O.M.L.W. hence the reason for vessels not to lay against the scrubbing posts on the causeway side as they would impede the highway (see byelaws).”
A lengthy discussion took place. Councillor Goggin then read a section of his MSR Report:
“Following last months Council meeting and specific questions we have tried to answer all directly. We have asked our solicitors to respond to some points. The Mayor wanted to hold a meeting with users once all the solicitors’ reports are received. I suggest dates of 30 March or 31 March in evening at 07.30 hours.” It was then agreed that the meeting would be held on Monday 30th March at 7.30 pm at the Parish Hall.