Tue Mar 26, 2019 1:47 pm
#1684658
Just received the following via e-mail.
I couldn't possibly add to what has been said previously and repeated here other than to say that landing fees could be the least of our gripes in the long term.
There’s good news and bad news as the David and Goliath battle to Save Wellesbourne airfield continues.
Wellesbourne Airfield, one of the busiest General Aviation Airports in the country, remains under threat with the Landlords attempting to remove the business tenants through the courts even despite that the local authority have vowed and now confirmed the Compulsory Purchase of the site in order to protect it.
Today the tenants lost their appeal for new tenancies at the airfield. Mr Justice Bliss in the High Court of Justice on 25th March 2019 dismissed the appeal allowing the previous judgement to end the tenants tenancies at the airfield to stand, meaning that tenants could have to vacate the airfield in as little as three months and twenty-one days.
Despite this on Monday 11th March 2019 Stratford-on-Avon District Council Cabinet approved a report to make, confirm and implement a Compulsory Purchase Order (CPO) to acquire Wellesbourne Airfield to continue its aviation use and develop the site as an airfield. However the CPO will take time to progress and the tenants may have left the airfield and the airfield could be closed before the council own it.
Clearly the planning policy which is abundantly clear, has again been misinterpreted by the judge and it cannot be fair, reasonable or in the public interest to continue with the eviction of the tenants.
The local authority and the tenants have asked the landlords for temporary tenancies whilst the CPO continues which has been denied. It was even put to the judge that a temporary tenancy should be allowed whilst the CPO was made as clearly as this would be in the public interest, but this was also denied. The Landlords have shown no compassion for tenants who have provided them with a income for many years.
In a press release dated 11th March 2019 the District Council said it had already investigated how the airfield would be managed in the future. It is very clear therefore, that the airfield will have a continued aviation use in the future and therefore the Landlords have no prospect of obtaining planning permission for demolition, as was their case.
A previous press release from the local authority dated 2nd July 2018 confirmed that the District Council had begun CPO proceedings. The leader of the council stated: -
“Wellesbourne Airfield is an important facility within Stratford-on-Avon district. There is a clear policy position under the District Council’s adopted Core Strategy 2011-2031 that the site be preserved for aviation purposes.”
“The actions of Littler Investments Limited in terminating the leases of the businesses operating on the site, wishing to demolish existing buildings on the site and the agreements with Gladman Developments Limited are in direct opposition to the policy position.”
“The District Council has now decided to use its CPO powers in order to maintain the current planning use of the site.”
“The District Council has also requested that the businesses on the site be given temporary tenancies to preserve the livelihood of the 100 employees (44 full-time and 60 part-time).”
The cost of the appeal has cost the tenants over £125,000 in legal fees and they will now be responsible for the other side costs as well, both from the appeal and the previous judgement.
The cost of fighting the case against the Landlords backed by major developers is disproportionate to the income of most of the small businesses on the airfield. This is what the Landlords and backers are relying on, doing everything they can on the way to increase legal costs, but they had not expected the resilience of the tenants and their supporters at Wellesbourne and the widen aviation community.
Unfortunately, the tenants own legal costs and the potential of paying the Landlords legal costs have forced four businesses out of the fight or sign agreements to leave Wellesbourne. This leaves the four remaining businesses fighting, South Warwickshire Flying School, Take Flight Aviation, Touchdown Café and Warwickshire Aviation with legal costs and potential legal costs of over a quarter of a million pounds or more. In addition to this poor fortune, all the businesses left in the battle to save the airfield were mysteriously broken into and ransacked last year!
Let’s face it, if one of the country’s busiest GA airfields that has the full support of the local authority is at risk, this really could set the precedent and the thin end of the wedge for GA in the UK.
As with the Biblical story of David and Goliath, the tenants at Wellesbourne airfield are not just fighting for their own personal agenda, but for what is right and for the future of General Aviation in the UK. The tenants first two battles may have been lost, but the war is by no means over!
Please support the tenants and the continuing fight to Save Wellesbourne and pass the message along to fellow aviators.
Next step The Court of Appeal but we really need some serious help!
Got your own great idea?
https://www.crowdfunder.co.uk/savewellesbourneairfield
I couldn't possibly add to what has been said previously and repeated here other than to say that landing fees could be the least of our gripes in the long term.
There’s good news and bad news as the David and Goliath battle to Save Wellesbourne airfield continues.
Wellesbourne Airfield, one of the busiest General Aviation Airports in the country, remains under threat with the Landlords attempting to remove the business tenants through the courts even despite that the local authority have vowed and now confirmed the Compulsory Purchase of the site in order to protect it.
Today the tenants lost their appeal for new tenancies at the airfield. Mr Justice Bliss in the High Court of Justice on 25th March 2019 dismissed the appeal allowing the previous judgement to end the tenants tenancies at the airfield to stand, meaning that tenants could have to vacate the airfield in as little as three months and twenty-one days.
Despite this on Monday 11th March 2019 Stratford-on-Avon District Council Cabinet approved a report to make, confirm and implement a Compulsory Purchase Order (CPO) to acquire Wellesbourne Airfield to continue its aviation use and develop the site as an airfield. However the CPO will take time to progress and the tenants may have left the airfield and the airfield could be closed before the council own it.
Clearly the planning policy which is abundantly clear, has again been misinterpreted by the judge and it cannot be fair, reasonable or in the public interest to continue with the eviction of the tenants.
The local authority and the tenants have asked the landlords for temporary tenancies whilst the CPO continues which has been denied. It was even put to the judge that a temporary tenancy should be allowed whilst the CPO was made as clearly as this would be in the public interest, but this was also denied. The Landlords have shown no compassion for tenants who have provided them with a income for many years.
In a press release dated 11th March 2019 the District Council said it had already investigated how the airfield would be managed in the future. It is very clear therefore, that the airfield will have a continued aviation use in the future and therefore the Landlords have no prospect of obtaining planning permission for demolition, as was their case.
A previous press release from the local authority dated 2nd July 2018 confirmed that the District Council had begun CPO proceedings. The leader of the council stated: -
“Wellesbourne Airfield is an important facility within Stratford-on-Avon district. There is a clear policy position under the District Council’s adopted Core Strategy 2011-2031 that the site be preserved for aviation purposes.”
“The actions of Littler Investments Limited in terminating the leases of the businesses operating on the site, wishing to demolish existing buildings on the site and the agreements with Gladman Developments Limited are in direct opposition to the policy position.”
“The District Council has now decided to use its CPO powers in order to maintain the current planning use of the site.”
“The District Council has also requested that the businesses on the site be given temporary tenancies to preserve the livelihood of the 100 employees (44 full-time and 60 part-time).”
The cost of the appeal has cost the tenants over £125,000 in legal fees and they will now be responsible for the other side costs as well, both from the appeal and the previous judgement.
The cost of fighting the case against the Landlords backed by major developers is disproportionate to the income of most of the small businesses on the airfield. This is what the Landlords and backers are relying on, doing everything they can on the way to increase legal costs, but they had not expected the resilience of the tenants and their supporters at Wellesbourne and the widen aviation community.
Unfortunately, the tenants own legal costs and the potential of paying the Landlords legal costs have forced four businesses out of the fight or sign agreements to leave Wellesbourne. This leaves the four remaining businesses fighting, South Warwickshire Flying School, Take Flight Aviation, Touchdown Café and Warwickshire Aviation with legal costs and potential legal costs of over a quarter of a million pounds or more. In addition to this poor fortune, all the businesses left in the battle to save the airfield were mysteriously broken into and ransacked last year!
Let’s face it, if one of the country’s busiest GA airfields that has the full support of the local authority is at risk, this really could set the precedent and the thin end of the wedge for GA in the UK.
As with the Biblical story of David and Goliath, the tenants at Wellesbourne airfield are not just fighting for their own personal agenda, but for what is right and for the future of General Aviation in the UK. The tenants first two battles may have been lost, but the war is by no means over!
Please support the tenants and the continuing fight to Save Wellesbourne and pass the message along to fellow aviators.
Next step The Court of Appeal but we really need some serious help!
Got your own great idea?
https://www.crowdfunder.co.uk/savewellesbourneairfield