News RSS Feed


Send us your News

St Osyth: Campaigners fight for the Bury

1:07pm Friday 4th July 2008

comment Comments (32)   Have your say »


A protest group is aiming to launch a legal fight surrounding a historic landmark in their village.

St Osyth Heritage Action Group is currently garnering financial support to hire a barrister, so members of the public can regain access to the Bury.

The strip of land has been fenced off since last year by its owners, the Sergeant family, who also own the grade one-listed priory behind it.

This move has incensed some locals, who say that public access to the Bury was granted by Henry II in the 1100s and should remain in place today.

Now, the action group has been set up to fight the matter legally.

Chairman, Steve Dalton, said: "A matter of this importance to our village and its future cannot be allowed to go unchallenged.

"Having spent many months gathering evidence, we are now in a position to instruct one of the top barristers in the country."

Mr Dalton, 47, says that the group's advisor will look into the legalities of the Bury as a village green and the question of ownership, amongst other issues.

While group members will pay half the costs, they are looking for an extra £4,000 to cover the rest.

"We would request any assistance to be made in the form of a monetary pledge," said the father-of-eight, who lives in Spring Road.

"All funds raised will be strictly in accordance with the necessary legal procedures."

However, co-owner of the Priory and the Bury, Tim Sergeant, said that members of the St Osyth Heritage Action Group were misguided.

"Tendring Council and the Government office for the eastern region have both accepted our position as being lawful," he said.

"I wish them well in their pursuit, but I fear that they are wasting their time and sadly the money of anybody daft enough to be so easily parted with their hard-earned cash."

He added: "If he wished to speak to me, I could with legal documents explain why Mr Dalton is wasting his time.

"However, I would only do so on the basis that he would then put his allocated funds towards some charitable heritage project in the village or the district.

"In fact, depending on what project he decided to support, I would offer to match his contribution.

"I would rather spend money saving England's heritage than see lawyers getting richer."

Print article » Email to a friend »

Your Say YourClacton and Frinton Gazette

Town Cryer, St. Osyth says...
10:05pm Sat 5 Jul 08

Why not turn it into an amusement park.
It could end up another Alton Towers.

At the moment, its more like Faulty towers,
without the paying public though.

Report this post »

TERRY BAKER, AUSTRALIA says...
1:58am Mon 7 Jul 08

I was born in Gt.Bentley and went to School in St.Osyth in Spring Road. The Bury always was open and accessible to the Public and should remain so.

Having lived in Point Clear for a number of years with my Family prior to coming to Australia, I feel that the local Community has every right to fight against any restrictions that have been placed upon the Bury. It belongs to the Village and the Local people.

Why is it when some person or persons acquire such an Historic building such as the Priory are "never satisfied with their lot" and want more. It seems to me that the "power"if that is the right word, has gone to his head.

I wish the People of St. Osyth the best of luck in their endeavours.

Report this post »

Fed up with bullies, St Osyth says...
7:49pm Mon 7 Jul 08

We completely agree with you Terry.
If Tim Sergeant and his clan had any concern at all for saving England's Heritage then they would stop spending money trying to move the driveway on the bury for dubious safety reasons and put the money towards repairing the wall opposite Cowley Park just for starters.
Tim Sergeant thinks we are all village idiots!



Report this post »

Marie, says...
1:14pm Tue 8 Jul 08

Good luck to Mr Dalton for sticking his neck out on behalf of the Village! The Bury had been open space longer than anyone could remember before the Priory found itself in the hands of property developers.

I'll be making a donation to SHAG and if a lot of people were to give a few pounds here and there we might just get OUR Bury back!

Report this post »

Free the Bury!, st osyth says...
6:43pm Tue 8 Jul 08

If Sargeant wants to do something for the community, he could start by taking the fence and gate down that he erected without planning permission. His ridiculous offers of charity are a smokescreen to hide the fact that the whole issue is a legal grey area and he has been banking on TDC's ineffectiveness in order to take control of the Bury. The whole of St Osyth is behind this action and his usual laughable PR speak is being treated with the derision it deserves. If you are reading this, Sargeant, get this; we will not back down - this is our village and no property developer is going to push us about. Give us back our Bury!

Report this post »

SHAG Supporter, St. Osyth says...
1:30am Wed 9 Jul 08

Tim Sargeant:
"I wish them well in their pursuit, but I fear that they are wasting their time and sadly the money of anybody daft enough to be so easily parted with their hard-earned cash."


I doubt you wish them well, Mr Sargeant, more likely you are somewhat annoyed that these lowly serfs have dared to challenge your "authority". And how the hell do you know if our cash is hard earned or otherwise?

He added: "If he wished to speak to me, I could with legal documents explain why Mr Dalton is wasting his time.


Most people in this village wouldn't waste their time speaking to you because since you arrived you have not listened to us at all, which is why we have arrived at this situation. With your record for spin, do you think anyone is interested in your dubious legal posturing?

"However, I would only do so on the basis that he would then put his allocated funds towards some charitable heritage project in the village or the district.


So, as I understand it, you want SHAG to stop being a nuisance to you, in return you will let them see some paper that supposedly supports your right to fence off the Bury and drive a new road across it. You're all heart.

"In fact, depending on what project he decided to support, I would offer to match his contribution.


This could be construed as an attempt to throw money at a problem, but you make this charitable gesture in the full knowledge that it's never going to happen.

"
I would rather spend money saving England's heritage than see lawyers getting richer."


Lawyers get rich because of people like you, Mr Sargeant. Fortunately, English law is also of recourse to people like us who care more about our heritage than money.

Prepare to be SHAGged!

Report this post »

another SHAG supporter, says...
9:48am Wed 9 Jul 08

How can it be a waste of time and our hard earned money. Whatever the outcome, it will have irritated Tim who I presume was born into money and doesn't know anything about being hard up, and that is MONEY WELL SPENT!
Good Luck SHAG. My donation is on its way

Report this post »

Bystander, Local to you says...
2:42pm Wed 9 Jul 08

Can someone please clarify whether the Bury is open or not? I understood that it is closed for car parking but you can still walk over it?

If that is the case then I am afraid to tell you the owners might well have a case.

Common land doesn't equate to land being used as a car park.

Saying that the case for it being considered common land looks good but it needs the local council to support that.

It will be interesting watching this unfold.

Report this post »

Molinhio, Gt Clacton says...
2:44pm Wed 9 Jul 08

This situation has been going on long enough. I lived near the village and like many, love the village. The bury is a part of St Osyth and should be shared by all who live or visit. So what do we have here? A council who pass plans a plenty for multiples and chains to do what they will in the name of progress. Well, that progress has at last hit some buffers in the form of the village of St Osyth. Still small and cute with shops and history, it refuses to give in to Subways and Tesco's and all the crap that is ripping the soul out of the UK and its little people. The little people like being little! We like village stores, we like friendly service,village pubs and so on! I praise both the dedication and the guts of Mr Dalton. One man maketh not an army but one man can command one. Do not let money and property developers and gutless politicians win the day. Good luck with the cause. Suggest you start a Paypal way of sending funds. Sure you would get heaps.

Report this post »

SHAG Supporter, St Osyth says...
3:22pm Wed 9 Jul 08

Bystander - just to clarify the situation.
Access to the Bury is now controlled by a gate and fence (erected without planning permission) and Sargeant has allowed a small area to be used as car park. He opens and shuts the gate when he feels like it and only conceded this after massive protest from the church, local people and businesses. Most people don't use it because it looks to all intents and purposes, a private piece of land, which is exactly what he wants.
I understand he has threatened to shut it off again completely if the smelly peasants carry on being uppity. He may have got away with his property developer's trickery and bullying elsewhere, but he's totally underestimated the people of Toosey. WE WON'T BACK DOWN.

Report this post »

SHAG Supporter, St Osyth says...
3:30pm Wed 9 Jul 08

More info can be found at www.stosyth.org

Report this post »

Bystander, Local to you says...
3:50pm Wed 9 Jul 08

Thanks for that update SHAG Supporter!

I thought the fence was allowed by TDC though?

Its an interesting ploy to control access to the site, it weakens the claims for it to be converted to common land if someone is maintaining it.

TDC should have pulled their fingers out and whacked in the claim for a conversion to public ownership.

The opportunity might have gone but good luck none the less!

Report this post »

Mr Steve Dalton, St Osyth says...
4:46pm Wed 9 Jul 08

Dear Mr Bystander, you are correct in your assumption that the fence was allowed by TDC. However a decision as complex as this (curtilidge) should have been made in a court of law (as previous case law clearly demonstrates and verified by a prominent QC ) and lets face it it's not the first time TDC have got it wrong !. Rest assured Mr Bystander will have done our homework and will be victorious. Thank you for your support.

Report this post »

Robert Clarke, St. Osyth says...
10:28pm Wed 9 Jul 08

Myself, Steve (Dalton) and a small number of others are the founders of the St. Osyth Heritage Action Group and we have already raised a sizeable amount of the necessary funds to appoint our prefered QC. The number of villagers who have joined the group is also growing fast. (And let us stress anyone (except a Sargeant of course!) is very welcome to join with us to discuss tactics etc)). It is difficult to find anyone around the village or on any websites who support Mr. Sargeant. Those who may way waiver in their support of the action group for fear of repercussions from Mr. Sargeant (specifically closing off the bury again) should stand strong and go with what is right; The Bury has NEVER had a fence around it, it does need one now.... long term it is essential to re-establish what is right....


The legal homework has been done and the facts do not look for the Priory owners.

Please make your support known in anyway you can, if you can't afford to offer financial support then moral support is always welcome.... having said that please keep the pledges coming in, we have a little way to go to get the £4,000 total we need to get the opinion of our extremely well qualified QC. Mr Sargeant would do well to re-consider his position and agree a compromise with the villagers before the matter gets to the courts. There is no doubt a long legal battle will be costly, a cost in the current housing and building climate that Mr Sargeant could surely do without. Pledges can be made to Steven Dalton, 65, Spring Road, St. Osyth, CO16 8RS. Pledge forms are in numerous shops around the village and if you haven't already had one, you should get one through the door.

Anyone with questions about the St. osyth heritage Action Group are more than welcome to call any of the founders to discuss the groups plans. The founders are myself (Robert Clarke) number 07811 956789, Steve Dalton 07977 289944, Ben Dawtry 01255 820532 and Phillip Smith 07885 330302. We 'forced' Steve into the position of chairman initially, but when we have sufficient numbers to form a full committee and vote the chairman, treasurer and secretary etc we will do so.

A massive thanks to those who have pledged so far (some pledges have been far greater than expected) S.O.H.A.G

Report this post »

Free the Bury!, Toosey residents says...
11:05pm Wed 9 Jul 08

Actions speak louder than words! Where are you Capt Spanner? The grapevine says Mr S is not happy at the advertising banners across the front of the Bury (outside his boundary!)or the letters sent out by SOHAG. Shame! Once the Music on the Meadow evening is over (and who knows what may happen to his fence and gate that night!) maybe some protest banners need to go up along the boundary? Villagers unite. Enough is enough of being pushed around...

Report this post »

Bystander, Local to you says...
10:42am Thu 10 Jul 08

Steve - not sure on your definition of curtilidge but I suspect what you are looking at is enforcement of access rights once the legal ownership has been established and that legal ownership has yet to be decided.

Outside of possibly breaking planning regulations concerning heritage sites the fence is really a non issue and what needs establishing is who owns the land.

For reference, case law can be very fluid and does change. It can also be over ridden by subsequent statute law.

If you have already done so can I be so bold as as to recommend a through reading and understanding of the Commons Registration Act 1965?

I am sure you will be very interested in Section 13 of that.

It has some very useful information that has proved very useful in the past..............

Report this post »

Toosey Resident, says...
1:10pm Thu 10 Jul 08

I can't really agree that 'the fence is really a non issue', Bystander, as it is that fence that is making people hesitant about walking on The Bury (to say nothing of the car parking). As someone else pointed out, it appears that Mr S is attempting to dissuade as many people as possible from setting foot on The Bury to 'prove' its non-use by locals. The same goes for the car parking - people are afraid of getting locked in and so don't use it.

Report this post »

Bystander, Local to you says...
2:19pm Thu 10 Jul 08

Not being disrespectful but do you actually know what you are fighting for here?

Either the land is owned by the Sergeant family or it is land that is deemed owned by the public.

If the land belongs to the Sergeants then I am afraid subject to the legality of the planning consents then they will be perfectly within their rights to stop you parking there and restrict you having access to the land.

If however the land is public space then they can't stop you using it.

Let me give you a real life example.

A landowner is told to take a barrier errected for similar reasons down which he duly does. Next thing you know wheel clamping is in place and because ownership is not with the public there is nothing they can do.

The fence you see is only a physical barrier, the underlying legal issue is ownership. Solve that and the fence problem goes away too.



Report this post »

Toosie Boy, Point Clear says...
2:59pm Thu 10 Jul 08

Ah I see, we win a battle but we dont win the war! Very clever Bystander. Take heed SHAG and all, spend the money wisely to win the war!

Report this post »

Bystander, Local to you says...
3:19pm Thu 10 Jul 08

The penny drops!

It sounds to me as if the problem has arisen because the land has never been registered as common land.

Looking through the Act it looks as if it is only for residents to be able to prove the land has been in use for at least 20 years and its case won.

I am pretty sure there must be plenty of local photographic evidence for carnivals and fetes going back over the years on this site.

I am sure the Sergeant's have been informed of this by their legal people.

If I was a betting man I would be calling their bluff.

Report this post »

St Osyth Heritage Action Group, Saint Osyth says...
6:22pm Thu 10 Jul 08

SHAG are very aware of the Commons Registration Act and all the other statutes and case law surrounding this issue, as is our legal advisor.
We have done our research and collected evidence, painstakingly and thouroughly to the point at which we are now ready to put it in the hands of a QC.
There are many notorious grey areas in this kind of case, as Sargeant well knows, and the only way this can be decided once and for all is in a Court of Law, anything else is conjecture. However, we believe we have a very strong case and several legal arguments, including curtilidge, ownership, common land registration and established use. It is worth noting that ownership does not necessarily prevent established rights of access or use. Anyway, we shall see what the expert says! Thank you all for your input!

Report this post »

SHAG Supporter, St Osyth says...
8:08pm Thu 10 Jul 08

I am beginning to wonder where Bystander is actually standing.
Could you be inside looking out?
This fight has come about because of greed and the need to demonstrate power. It is really sad that the Sargeant family do not care about anyone but themselves.
The priory is a sorry sight to the public eye
The village should take action. Its the right thing to do

Report this post »

Bystander, Local to you says...
1:18pm Fri 11 Jul 08

To the response from SHAG - I do hope your QC is going to court on more than conjecture and grey matters. Have more faith in where you stand, right is more often than not might!

To SHAG Supporter - lets just say this promises to be one of those what goes round, comes round moments.

I look forward to following it with more than just passing interest! ;-)

Report this post »

Robert Clarke, St. Osyth says...
11:43pm Fri 11 Jul 08

Ladies and Gents, we are undoubtedly not quite getting the picture here..... we are not unquestionably "going to court", we are seeking the advice of an eminent Queens Counsel to establish if, in the eyes of the law, a wrong is being done (of course the members of SoHAG and about 99% of the villagers beleive this to be the case). If our QC says there is a case to be answered and that our case is strong, then the matter will progress to court (finance allowing). If our man says there is no case or the odds are stacked against us, a review of what to do next would be required but would almost certainly mean that we would not progress the matter to court. As a group however, much homework has been done and what we have amassed thus far is much more than "conjecture and grey matters" in the words of Bystander (or should i just call you Tim? Tim.....)

Report this post »

London Barrister, Essex says...
11:52am Sat 12 Jul 08

I have read this thread with interest. It seems highly unlikely that Bystander is Tim Sergeant as Mr Clarke implies. This isn't my area of law by having looked at the Act, it does appear that if strong evidence can be produced there are grounds for the Bury to be converted to common land. It seems pretty unlikely that if Bystander were Mr Seargeant that he would be highlighting let alone telling you where his weaknesses lie let alone giving you £4000 of free legal advice!

Report this post »

Another Bystander, Clacton says...
12:16pm Sat 12 Jul 08

Before I too get accused of being a Sergeant let me quite clearly say I AM NOT!!

I have no interest in St Osyth whatsoever and to be fair I am usually the first out with the inbreeding jokes!

That aside I do hope you win your battle or war BUT one point you are missing is that whatever the outcome you will no rights to park on the Bury.

Common land is/was traditionally used for grazing. I can't find one example in the UK where car parking is allowed on it outside of special events.

I believe the Sergeants once challenged you to provide the evidence that you are entitled to do so.

So far it hasnt been forthcoming.

I like them dont believe you can and you are really wasting your time pursuing that course of action.

A battle of access rights and rights of way however is a very different matter.


Report this post »

Up the Sgts, Down With SHAGS says...
12:37pm Sat 12 Jul 08

I want to know what will happen if your told there is no legal case or anything you can do about it? Will you stand up and apologise for inconviencing the owners?

Report this post »

Amazed, St Osyth says...
1:24pm Sat 12 Jul 08

Inbreeding jokes!!
Its funny how anyone who sticks up for the Sargeant's refer to the villagers as lower people.
You must be on his payroll or one of his rare to find friends
Sargeant supporter
If there is no case we as a family will still resent and dislike them for their treatment of the villagers so there will be no apology for sure.



Report this post »

Greedy Developer, Tower Block Heaven says...
2:14pm Sat 12 Jul 08

Have just read the SHAG website. Some misinformation on there surely? When was the Bury ever deregistered as common land? It was never on the register of common land in the first place. Doesnt all this hinge from TDC or its predecessor council in its urban form's failure to register it back in the 1960s or 1970s? Also one flaw with the Commons Registration Act is the ability to deregister land to developers benefit. This has been in court and is also backed up case law. Let the battle royale commence, the only people going to get rich over this are the lawyers.......and the developers!

Bull doze on........

Report this post »

Toosey Resident, St Osyth says...
5:40pm Sat 12 Jul 08

It wasn't deregistered as common land, it was deregistered as village green and the then owners undertook not to fence it or do anything to it. Why don't all the armchair lawyers shut up and wait to see what the QC says?

Report this post »

White Van Man, Colchester says...
7:14pm Sat 12 Jul 08

Personally I wouldnt waste my money on this cause. Seems very clear in this debate that the residents of St Osyth and SHAG dont really know what they are talking about and that they are pretty clueless on this whole issue. They are just living in hope that they might have a case. They have no rights over this land and they know it.

Report this post »

Robert Clarke, St. Osyth says...
7:45pm Sat 12 Jul 08

Whether there is a case to be answered or not can only be decided by the opinion of a very well qualified QC, which is why we are not acting as armchair lawyers and employing the best we can find.

If we don't establish and settle the matter once and for all, we will all be behaving like armchair lawyers for the rest of our days. As such, I would urge anyone who doesn't like the idea of a fence and gates at the Bury to pledge a few pounds so we can find out who is right.

Report this post »

Comments are closed on this article.

In this section

Sponsored Links



Local Advertisers


Local Information

Enter your postcode, town or place name

House prices »   Schools »   Crime »   Hospitals »