Planning Applications
A History of the Planning Applications from 1975 can be found in the Harrogate Borough Council Development Service Application Progress Sheet.

1. It has recently come to light that Menwith Hill will soon be the home for the European Relay Ground Station for the new Space Based Infra Red System (SBIRS). The official MoD explanation is "... we have taken the decision to site the European Relay Ground Station for the new Space Based Infra Red System at RAF Menwith Hill. This system, which is part of a world-wide satellite based early warning system, will entail additional construction work at the site, but, as with all significant development at Menwith Hill, is subject to local planning consent"

   (See continuing story - CAAB 5.)

2. A Planning Application was received by Harrogate Planning Department on 26th September 1997 and was for a proposed 1 no. 3 Compartmental Hazardous Waste Storage Building to be situated close to Buildings 38B and 39A.

   In September 1996 a Planning Application for 2 different 3 Compartmental Hazardous Storage Buildings was held up after the Planning Office received letters of objection from the public asking what type of hazardous waste was to be stored and that the MoD list it on the Planning Application before it was considered.

   This time the MoD has been careful to include a generalised list of the types of "hazard" to be stored:
   

   • Lubrication Oils (oil absorbent pads/rags).
   • Solvents. Paints, etc.
   • Used Batteries.
   • Used Filters.
   • Anti Freeze (glycol).
   • Distilled water.
   • Cleaning agents/detergents.
   • Asbestos Materials (brake pads & washdown liquids).
   • Photographic/printing materials.
   • Refigerant Medium.
   • Water Treatment Materials.

   An attempt is being made to find out exactly what chemicals are involved in this rather vague list.

   A letter to Mr. Harling, Chief Planning Officer, from Mr. Taylor, Senior Land Agent for the Defence Land Agent at the Defence Estate Organisation, Catterick Garrison dated 8th October 1996, said:

   "In our conversation you mentioned that one of the objections had referred to an Environemental Compliance Status Survey produced by Menwith Hill in 1992. Although DEO at Menwith Hill is aware of this report they have not actually seen a copy ..."

   Are we still expected to believe that the RAF are completely in charge at MHS and that Her Majesty's Government knows everything that goes on there?

Court News

1. There was an interesting result when Anne Lee and Helen John from Menwith Hill Womens Camp challenged the validity of the military byelaws in September. Judge Jonathan Crabtree ruled that the byelaws were invalid.

   In 1993 HMS Forest Moor and Menwith Hill Station byelaws were challenged in the High Court and declared 'defective in their face'. For several years peaceful trespassers were simply asked to leave. We managed to glean extremely useful information from inside the base because of no risk of arrest.

   It took three years for the new byelaws to be drafted and they became the 'RAF Menwith Hill' byelaws; making it once again a criminal offence to trespass on the land. Overnight the NSA base apparently turned into an 'RAF' base ... [and there are fairies at the bottom of the garden!].

   After the Crabtree ruling you might think that the Ministry of Defence Police (MDP) would abide by His Honours' judgement ... not a bit of it! The MDP take absolutely no notice of a court ruling and immediately go on as before and arrest under ... the byelaws which have just been declared invalid!

   The MoD have appealed by way of 'case stated' to the High Court which will be a lengthy process. Meanwhile a lot of arrests under the invalid byelaws are being stacked up.

   It's a horribly familiar re-run all over again.

2. Lindis was in Harrogate Magistrate's Court from 29th September - 1st October 1997 as a result of taking down an invalid by laws notice 5 months earlier.

   As well as being charged for Criminal Damage to this notice, she was also spuriously charged with Criminal Damage to a WPC's watch and two Obstructions of an Officer (one for alledgedly obstructing a search of her car and one for declining to give fingerprints, a photograph and an intimate DNA sample). See item in Issue 3.

   A charge of alledged assault on an Officer was dropped one week before the trial. Another charge not known to law but cobbled together by someone at Catterick CID had been dropped earlier, as had charges of Burglary and Going Equipped to Commit Criminal Damage.

   At the start of the trial the Prosecutor, Lawrence Serrington, tried to serve Lindis with two new charges of Obstruction which he had failed to serve by post. The Stipendary Magistrate, Mr Thomas, persuaded him to withdraw them, saying "Don't you think you've got enough with what you've got? Come on Mr Sherrington, you've had five months."

   To cut a long story short:

   • Lindis's request was granted that Sgt. Quinn, the Menwith MDP court observer, be asked to leave the court as he might be in a position to talk with the witnesses;
   • the MDP witnesses' evidence was contradictory;
   • the original custody record had apparently disappeared into thin air - despite it being summonsed as evidence;
   • and Mr Thomas said he was beginning to get a whiff of conspiracy.

   At the end of the Prosecution's case Mr Thomas found 'no case to answer' for the Criminal Damage to a WPC's watch and the fingerprint, photograph and DNA sample Obstruction and dismissed them both. He said there might be a case for the other Obstruction but on the evidence he had heard he would probably dismiss it and observed that the value of the by laws notice had dropped from £50 to £30 and then to £10 or less.

   He strongly suggested that Lindis offer no evidence. In which case he would probably only find her guilty of Criminal Damage to the by laws notice which she said she had done when she was arrested. Accepting this advice, Lindis was found guilty of Criminal Damage to a by laws notice valued at £10 and given the choice of a short community service order or a 3 year conditional discharge with no costs or compensation awarded against her. She chose the conditional discharge.

   During his summing up Mr Thomas said: "A suspicion arises that Mrs Percy has been put through the hoop just for the hell of it .... everyone at Menwith Hill seems gobsmacked merely by her presence - that's not enough."

3. Two more people have been served with Injunctions to prevent them from entering the land known as "Menwith Hill Station". Jenny and Laura now join Lindis and TJ - bringing the number of injuncted people up to four, after papers were served on them on Friday 17th October.

4. Lindis, whose Injunction proceedings began back in 1991, is currently seeking leave to appeal against the red line said to be the boundary of MHS and marked on her Permanent Injunction map. Her Bundles have been accepted by the High Court and 'leave to appeal' the terms of the injunction will be heard in the High Court in front of two judges on 8th Dec.

History of the Campaign of Protest at Menwith Hill Station

Christine Dean (Assistant Honorary Keeper of Otley Museum), who has been involved with the MHS protest for many years and kept meticulous records, is chronologically cataloguing and updating the files containing the archive material since the beginning of the campaign of protest at MHS. It is important to document the work, to tell the story from the start and to hand it on to future generations.

She has asked if anyone has any items such as news, press cuttings. leaflets, court actions, which could be included in this history.

To save Chris time and expense please could photocopies rather than originals be sent to: Christine Dean, 5 Garnett Street, Otley, West Yorkshire LS27 IAL.

Thank you.

MILDENHALL
(near Bury St. Edmunds, Suffolk)

1. We hear from a usually reliable source that the American expansion at Beck Row for housing outside the base is causing local unrest. A local Housing Association is apparently putting in a bid for the development to house local people. The success of this bid is unknown.

   If you live locally you too can shop at the American commissary; but it means that local shops are having to stay open and cut prices. Some British goods are on sale in the American supermarket which is also causing concern locally.

2. Leaflets, urging dialogue not violence were given to American soldiers during the Iraqi conflict at Mildenhall (and Lakenheath) as both bases were on high alert and Mildenhall on stand-by for mid-air refuelling.

3. The Writ against the USA, Colonel Carter and Lieutenant Colonel Byrd (involving incidents at Lakenheath and Mildenhall) failed in the High Court at the beginning of November when the Judge ruled that the certificate of immunity entered by the Americans was valid. This means that there is no legal remedy either down the civil or criminal route for the British citizen if a serious crime is committed against them by a member of a visiting force (in this case the Americans)....... now we take the long route to the European Court of Human Rights (will this be enshrined into English law by the time we get there?)

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FELTWELL
(near Thetford, Norfolk)

As part of the US Space Surveillance Network, RAF Feltwell hosts the US 5th Space Surveillance Squadron - which operates under the The US Space Command's 21st Space Wing.

In the High Court recently Judge Curtis said that Lindis has 'not a shadow of a defence'. He was summing up in an application brought against her by the Ministry of Defence for a permanent injunction at 'RAF' Feltwell.

It was heard behind closed doors with an application by Lindis to be heard in open court being refused. The Judge said that injunctions were always heard in chambers; not true but when a

Judge says 'no' you have to move on. He said he was not going to grant her any favours. She did not want or expect favours; just a chance for the public to hear the case which involved public issues. However the chamber door was firmly closed.

The case concerned this American base on the Norfolk/Suffolk border. 'RAF' Feltwell gives a false impression. The base is wholely occupied and controlled by the American Air Force Space Command and is part of a world-wide network which involves the exploration and exploitation of space by the American military. It is a Deep and Near Space Tracking Facility; the 'mission' is for the militarisation of space in the interests of America only. It is secretive and unaccountable.

There are treaties and laws to protect space for all of us from exploitation by the military whoever that might be. For example the US Space Command seriously violates the Outer Space Treaty 1967 which safeguards the use, of outer space for peaceful purposes. However when has the US military heeded the law? Not only is there domination on earth but now they go spinning off into space.

Our questions and attention at 'RAF' Feltwell pushed the MOD into taking action for the permanent injunction. Lindis has no doubt as to who is behind this latest injunction which is the fourth around American bases against her. The other permanent injunctions are at the huge spy base at Menwith Hill, USAF Lakenheath and USAF Mildenhall.

She is never again to step on land of her birth which is occupied and controlled by a visiting force. Large areas of land were handed over to the Americans after the Second World War by a few in a Cabinet meeting, behind closed doors which allowed the Americans 'carte blanche'. No meaningful safeguards were built in as a way of control.

It tied us into 'the special relationship'; so special that the Americans can do what they like with scant notice of the law or the democratic process when their interests are threatened. It happens all around the world.

Mr. Tam, Barrister for the MOD reassured the Judge that the Ministry of Defence were present in the form of the Ministry of Defence Police (MDP). Not true; they have to come from the American base down the road at Lakenheath.

The relationship between the MDP and the Americans is interesting. The MDP are paid for by the Americans and they are "under the operational control of the [US] 3rd Air Force". As the saying goes 'he who pays the piper calls the tune'.

Out goes the protection of a 'foreign national (you and me) by the MDP if American interests are threatened in anyway. The MDP take instructions from their masters.

They have stood by while peace protesters have been violently handcuffed, assaulted and unlawfully detained by the Americans.

And in comes ... the certificate of immunity when any legal action is taken against American personnel who seriously offend against the law of the 'host nation' country.

This was all before Judge Curtis and much more. Lindis' defence was that the MOD did not 'come with clean hands' to the proceedings. One day this defence will be heard. After all, behind every shadow is something and this defence is something!

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PARLIAMENT

We met Norman Baker MP for Lewes (Lib Dem) in the House of Commons with a political researcher recently. Norman Baker is asking questions particularly about MHS and is pursuing the question of the 'security of tenure' issue which we have covered in detail in CAAB Issue No. 2.

Lord Kennet is also keen to meet and discuss and has been asking questions about MHS and Feltwell.

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Updated July 1998