GJH
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- Aug 20, 2007
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Hi Graham, Natural England (Defra as they were) They oversee the exemptions and insisted that a site we exempted earlier this year placed the clause on it's website. They quoted those four words from the legislation that I quoted above.
Two sites we approached this year have ultimately chosen the MCC as they can make more money by being open to members of the public. the MCC's big selling point to land owners is precisely that, in the last paragraph of their CL info sheet they make a big thing about being the only club allowed to do this. Why is the legislation applied differently to two organisations that hold exactly the same exemptions, I have no idea, It gives the MCC an unfair advantage and that is not right.
Thanks Jim.
I thought it must be Natural England which was the body involved. I can see their reasoning but the legislation is certainly ambiguous. Whilst Natural England have their interpretation it is (as is mine) just that. Ultimately only the court can decide as to which is right and (as with other matters we might "frame" an opinion about ) until a case is heard that decision has not been made.
As regards the MCC, I looked on their web site and see that they use the wording "To maximise your return we are the only Club who license / certify sites for public use." on their CL web page and "The Motor Caravanners’ Club Locations are certificated for open use so they are not ‘members only’." on the CL information guide. Neither sentence actually says that they have been given different rights by Natural England so it could be that they are using the same interpretation as I am.
I totally agree that the legislation should be applied consistently. Indeed, if it is not then it could be a case of maladministration (it certainly would be if it were a local authority). I'll write to my contact at Natural England to establish whether there is court backing for their stance or whether it is merely their interpretation.