22 December 2002
Fylingdales bridleways closures:
reply to Lewis Moonie 
 
Alice Mahon MP sent our complaint to Dr Lewis Moonie, Under Secretary of State for Defence. His reply says nothing new, but it does admit that the MoD obstructed the bridleways with the security fence. 'That this has occurred is a matter of regret to the Department (MoD)'. It's more than that, it's unlawful.

Our response:

WOMENWITH HILL WOMEN'S PEACE CAMP(AIGN)
P.O. BOX 105, HARROGATE HG3 2FE

22nd December 2002

Chief Planning Officer,
Rights of Way Officer,
North York Moors National Park Authority,
The Old Vicarage,
Helmsley. YO62 5BP

Dear Mrs Dilcock and Miss Coop,

Re: Fylingdales US Space Command BMEWS Base:

Query: Unlawful closure and diversion of Rights of Way?
Query: Squatting encroachment by US Space Command onto land outside MoD Crown Land boundary?

Enclosed please find a copy of the letter from the Under Secretary of State for Defence, Rt Hon Lewis Moonie, in reply to our complaint about closure of bridleways at Fylingdales, which complaint was supported by Alice Mahon MP. The reply fails to remedy the complaint.

Re: the Western Bridleway (524206):

Dr Moonie omits to mention that the Ministry of Defence, acting on behalf of US Space Command, is seeking to extinguish the whole length of this bridleway, but evidently cannot do so under the provisions of the Defence Act 1842. Under this Act, the MoD can identify only that part of the Right of Way, which enters the 'Secure Area' by the Phased Array Pyramid, as a problem for security and justification for the bridleway closure. The MoD has had to make application under the Highways Act 1980, to the North Yorkshire County Council Highways' Authority, for the extinguishment of the length of bridleway lying between the A169 highway and the 'Secure Area'. Such an application must be advertised and a public consultation period allowed.
The bridleway is an ancient track (a 'Hollow Way') and there is an elevated view to the west over the surrounding moorland from the top of it, by the pyramid on Snod Hill, so there is strong opposition to proposed closure. There appears to be no justification for US Space Command to seek this closure, unless there is an ulterior reason, such as intention to develop the site traversed by the bridleway.

Re: Eastern Bridleway (500 200):

From south to north, this bridleway follows the course of the Base boundary. On the right (east) of it is the forest fence, depicted on the map (published by the MoD Defence Estates Organisation) by a dashed line.

The route of the Right of Way enters and leaves the 'Secure Area' through the security fences. So, it appears, does the Base boundary. The security fence, the MoD Police external patrol track, the line of 'MoD Land Keep Out' notices and the sheep fence (wrongfully stated by the MoD Police to delineate the Base boundary) evidently encroach onto moor, which is not Crown Land held by the MoD. Is US Space Command squatting on the National Park open moor?

Mrs Dilcock's letter of 22nd November (ref: VAD/3014), concerns the intention to apply to the North York Moors National Park Development sub-Committee Meeting of December 12th, to seek enforcement action (principally in relation to the Fylingdales Star Peace Camp) to prevent settlements on the open moor.

We trust that the Authority obtained an Enforcement Order on December 12th, and that it will be applied equally to US Space Command, if it can be verified that they are squatters. Please advise us what action the North York Moors National Park Authority would take to ensure remedy of such a complaint. Would it include eviction by the Bailiffs if they refuse to leave?

According to Dr Moonie's letter (final paragraph), the '…obstruction of the bridleways by the security fence…would appear to date back to the time of rebuilding work at RAF Fylingdales in the early 1990s.' This dating is well within the 12-year time limit for us to make objections to a squatter's claim for ownership of the land. Please accept this letter as formal objection.

The eastern bridleway is diverted onto the 'Alternative Route' shown on the accompanying map. Is the line of this route along Crown Land held in trust by the MoD? Does the Defence Act 1842 authorise the Under Secretary of State for Defence to divert a Right of Way onto land which is in the ownership of another?

In his penultimate paragraph, Dr Moonie states: '…the Ministry of Defence Police will not seek to prevent the legitimate exercise of a public right of way. Any unlawful use of the bridleways will be dealt with accordingly.' As the only unlawful user of the bridleways is the MoD acting on behalf of US Space Command, it is reassuring to be advised that they will be 'dealt with accordingly'.

A copy of this letter will be sent to Alice Mahon MP and to Dr Lewis Moonie. We should be most grateful for answers to our queries.

Yours sincerely,

Anne Lee

pp WoMenwith women.

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