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Monthly Archives: November 2011

A homeowner has used historic aerial photography to provide crucial evidence to support a planning application and overturn the local council’s plan to place a tree preservation order on trees within his garden. Bluesky supplied the historic aerial photography, complete with certificates of authentification, from their OldAerialPhotos archive providing factual and unbiased evidence to support the homeowner’s claim that the trees in his garden were in fact self seeded and did not historically form part of neighbouring woodland.

“We acquired the property several years ago when it was uninhabitable and virtually derelict,” commented homeowner Stuart Whelan, “and then since when we have spent a considerable amount of time and money bringing it back to it’s former glory – a fact that has been appreciated by our neighbours as it has a prominent position within the village.”

Mr Whelan continued, “When we submitted the planning application for a garage within our garden to Rushcliffe Borough Council we assumed it was just a formality. However when this was refused, on the grounds that the site was considered woodland, we were very concerned. If we allowed the classification to stand it would seriously impede on our ability to use the land as garden and continue with our regeneration of the site.”

The Bluesky images formed part of a seventy three page document presented by Mr Whelan to the Council outlining his objections to the ‘woodland’ Tree Preservation Order. The images from 1978, 1991, 1999 and 2007 clearly show both the property and garden falling into a state of disrepair with adjacent woodland gradually ‘taking over’ the garden.

“The Council simply couldn’t argue with the photographic evidence placed before them,” concluded Mr Whelan. “The images were therefore instrumental in achieving an agreement with the Council and the order was changed from a blanket ban to a group order naming specific trees. This provides protection for the trees we love yet allows us to use our garden as a garden.”

The imagery supplied by Bluesky forms part of historically important archive that includes some of the earliest commercial aerial survey images, military photography from World War II and many national archives. Offering a record of most major UK cities and towns, transport and utility infrastructure and commercial property developments, the images are an invaluable resource for anyone with a personal or professional interest in local studies, genealogy, boundary disputes, environmental land use research or town planning.

Aerial photography dating back to the 1940s has provided crucial evidence in a long running battle for public access to a historic site on Dartmoor, England. A Planning Inquiry has ruled in favour of the landowner who bought the land around Vixen Tor in 2003, closing off access to the general public. The order to open two paths across the land was made by Devon County Council with support from The Ramblers (formerly the Ramblers Association) and the British Mountaineering Council. Following the recent ruling by the Planning Inspectorate this order has now been rescinded.

Bluesky supplied the historic aerial photography complete with certificates of authentification from their OldAerialPhotos archive providing factual and unbiased evidence for further investigation by Air Photo Services, a company that offers specialist interpretation of aerial imagery, consultancy and expert witness services. Director Chris Cox commented, “Acting as an Expert Witness and working on behalf of my client, I was able to establish, using the historic images, that a footpath was not visible in the alleged place. I conducted comparative analysis on other visible paths in the area from the 1940s to the present day to support this claim.”

She continued, “The fact that Bluesky were able to supply a full range of appropriately dated and authenticated images in a timely fashion meant that I could undertake detailed analysis, preparing a comprehensive report within the short timescales imposed by the Inquiry.”

Planning Inspector Mark Yates ruled that there was not enough evidence to show continuous use of the paths during the twenty years prior to their closure. He said, “I accept that people have walked to Vixen Tor and used routes through the enclosure. However, I am not satisfied that the evidence of public use presented to the inquiry is sufficient to demonstrate the dedication of this route in common law.”

This is a second inquiry that has upheld the rights of farmer Mrs Mary Alford. A previous Inquiry, seen as one of the most important test cases for the Right to Roam legislation, ruled that the public did not have an automatic right of way across the land.

The imagery supplied by Bluesky forms part of historically important UK archive that includes some of the earliest commercial aerial survey images, military photography from World War II and many national archives. Offering a record of most major UK cities and towns, transport and utility infrastructure and commercial property developments, the images are an invaluable resource for anyone with a personal or professional interest in local studies, genealogy, boundary disputes, environmental land use research or town planning.

Visitors to http://www.oldaerialphotos.com can search by simply entering a postcode, address or grid reference. Detailed search results, including the age and ground coverage, of every image that matches the search criteria are displayed and the visitor can choose to purchase a hard copy print, digital image file or photopack which includes historical and current day photos as well as certificates of authentification.