Wednesday 22 August 2012

STATEMENT OF CLAIM GROUNDS FOR APPLICATION FOR AN INJUNCTION TO DEMOLISH THE MYNYDD BETWS DEVELOPMENT .



The following is drafted for a solicitor who may instruct a barrister. The applicants seek an injunction to order the demolition of the Mynydd Betws development under Section 41 of the 2006 Commonland Act, adopted 1/4/2012 by the Welsh Government. Section 41 asserts that any illegal development on registered commonland must be demolished at developer expense. The injunction application also seeks to restore the land, seeks compensation for human rights violations, and seeks to have all pylons and access roads and so forth to be demolished at developer expense. The applicants assert that the development is illegal for the following reasons. 

1) Violation of lawful human rights under the European Convention on Human Rights, which is law in England and Wales. The fundamental principle of human rights is expressed in the United Nations Charter of 1948. “The will of the People will be the basis for the authority of government.” Under article 25 of the International Covenant on Human Rights (1966) the People shall have the opportunity to take part in the conduct of public affairs. These fundamental rights were violated in that the Betws planning application in that many local objecting groups and individuals were ignored, including a 90% majority of written objections. National protection policies were violated, notably those protecting the environment, wild life and ancient monuments. These objecting groups included CADW of the Welsh Government itself. In particular, points 35, 38, 39, 40, 42, 43, 44 and 45 of the report by Mr Wild, the planning inspector show clearly how local concerns were ignored illegally. The recent Hemsley High Court ruling asserts that local concerns are paramount, and over-ride national policy. This ruling sets a precedent for demolition of all turbine sites which are or were opposed by a local majority. 

2) Violation of article 19 of the Universal Declaration of Human Rights: “Everyone shall have the right to freedom of opinion and expression, the right includes freedom to hold opinions without interference .....” . Point one above shows that local freedom of expression was over-ruled by one planning inspector, Mr Wild, and that is interference in the lawful human right of opinion. 

3) Violation of the European Instrument for Democracy, and the European Convention on Human Rights, in that local opinion was over-ruled, a violation of the lawful right of democracy. The Hemsley High Court ruling sets a precedent in that local democracy is paramount. 

4) Violation of the International Covenant on Civil and Political Rights, essentially the lawful right to freedom of speech, opinion, expression and participation, collectively the lawful right to democracy. 

5) Violation of resolution 57 (1999) of the United Nations, which asserts that democracy must mean the full recognition of all human rights. A very large local objecting majority cannot be over-ruled lawfully by one planning official. 6) Violation of Section 38 of the Commonland Act 2006, which prohibits all works on registered commonland unless ministerial consent is obtained. Ministerial consent cannot be given legally against a large objecting local majority, see points (1) to (5) above. 

7) Violation of the recent Hemsley High Court ruling, which states that concerns about the landscape are more important than national needs.

 8) Violation of environmental laws which prohibit development on peat, and in general on landscape of outstanding natural beauty. The whole of Mynydd Betws and Mynydd y Gwair consists of peat to greater or lesser extent and are rare and most beautiful ecologies. To destroy these is a major crime against humanity. 

9) Violation of EEC laws on habitat protection. Both Mynydd y Gwair and Betws are 100% habitat protected. 

10) Violation of local Council by laws on the environment. 

11) Illegal enclosure of land under an obsolete act of 1852. 

12) Conflict of interest, in that political parties are influenced by wind turbine executives. I request other parties in the proposed class action to list other law violations here. 

Myron Evans 
Prof. M. W. Evans, Armiger of Mawr, Civil List Scientist, D. Sc. (Wales), 
H. M. Civil List
www.aias.us

Monday 20 August 2012

OPEN LETTER FROM MYRONE ON MYNYDD Y BETWS INJUNCTION also Possible Ancient Stone Way Across Mynydd y Betws.


Open Letter and Foto from Myrone:




Re Mynydd y Betws Injunction:

It would be useful if supporters could start to look for a solicitor independently using the attached statement of claim (see next post). They would then help Sian Ifan and myself. I will chase up Messrs. Baxter by telephone now. I am also awaiting a reply from Smith Llewelyn in Swansea and supporters in Swansea could just go to see them to chase them up. I think that wind turbine companies will go bankrupt as subsidies are phased out, leaving a useless mess all over the landscape. All we need is a solicitor to advise Lord Carlisle Q. C. and we are ready. Dr Sandy Gerrard has given permission to use the attached photograph, which shows the Betws development going right over the unique ancient monument discovered there, the very ancient row of stones in the foreground. This is illegal. So Section 41 injunctions al lover Wales would seek to have all illegal turbine developments demolished. See below links to threatened Aboriginal land.

All groups are welcome to use the attached statement of claim and file, making life difficult for the turbine companies all over Wales. I urge Unions to initiate strike action against turbine development all over Wales To cover legal costs we plan to use legal aid for a qualifyijg plaintiff. This method can be used all over Wales. The rich and powerful in society have a great advantage over the rest of us because they can use money to hire notoriously expensive lawyers. Legal aid is available only to the poorest income bracket. That leaves 98% not able to afford solicitors. There is intense anger here at wind turbine development, and there is fierce opposition to the Mynydd y Gwair proposal. It is common knowledge that wind turbines are useless because of the need for backup by conventional means. The very beautiful landscape of Britain has been destroyed by profiteers. They should be made to pay heavily for what they have done. 

In my opinion they should be in prison for massive damage to the environment. If they go bankrupt, the executives and greed-mongers should be made personally responsible. A very weak and decadent society is not able to deal with criminality, and this is the state of society in Britain now. I am in favour of a fully independent Welsh Republic with a real government which would never have allowed this to happen to Wales. 

Ancient Cultural Sites and Heritage Protection ... Quenten's mob are witnessing
the desecration and destruction of the last remaining heritage and cultural sites
on their ... Australia's largest Wind farm - Wattle Point Wind Farm - Wind Turbine 4
www.adjahdura.com.au/heritage.html - 24k - Similar pages

21 May 2012 ... It has also questioned the department's commitment to the protection of
Aboriginal culture and heritage in the area, and across the state.
tracker.org.au/2012/05/oeh-“dragging-its-feet”-on-aboriginal-site-damage/ - 40k - Similar pages

From Sophia:

   I wrote to Myron Evans to see if he could identify my photos as he lives nearby, & he kindly forwarded it to Sandy Gerrard who discovered it, who looked at my photos & says this one is (though you can't see it well) but the other photos are not (tho some are cairns). Sophie

Stone way on Mynydd y Betws.


FOOTNOTE: BE WARNED IT IS VERY LIKELY GOING ON IN CYMRU/WALES.

17 Sep 2011 ... Famous structures, such as the windmill where the famous battle of ... protection
under radical plans by the Department of Arts, Heritage and ...
www.friendsoftheirishenvironment.net/paperstoday/index.php?do=paperstoday&action=view&id=14464 - 17k - Similar pages