THE owners of Kemble Airfield are squaring up for a legal dogfight with Cotswold District Council after the authority issued an enforcement notice demanding an end to general flying from the former RAF base.

The notice was issued on Monday and businessman Ronan Harvey has already pledged to appeal against the legal notice and the matter is likely to be decided by a planning inspector after a public inquiry.

A defiant Mr Harvey stated: "We believe we have taken all the appropriate measures in planning terms that we should have done. We shall continue to carry on our legitimate aviation business activities at Kemble.

"I am particularly concerned that the enforcement notice causes real concern among the employees at Kemble and this serves to diminish confidence in the commercial future of this important economic enterprise."

The row has been brewing since 2005 when CDC sought advice from a barrister in the wake of increasing complaints.

The barrister advised that conditions had changed since the airfield's transfer into civilian hands and either planning permission or a Certificate of Lawful Existing Use of Development (CLUED) was needed.

The operators, however, are adamant that it does not need any such permission.

First opened in 1938 and once home to the Red Arrows, Kemble has been developed jointly as a business park and airfield since it was sold by the MoD. Recently it was given airport status and the use of the runways has been included in the Cotswold Local Plan.

Airfield manager David Young said: "The contention that flying at Kemble, prior to civilian operation from 1995, was just for the purpose of storage and maintenance, is not supportable.

"They could have asked us again for more evidence without the expense of an inquiry."

He added: "I am surprised that CDC do not appear to have fully understood the facts we have thus far put before them."

The enforcement notices requires general flying activities - those not connected with repair, maintenance and storage of aircraft - to stop.

If a planning or CLEUD application is submitted the council can withdraw the notice.

A council spokesman stressed the aim of the enforcement action was not to stop flying activity at the airfield but to ensure the activities which took place were authorised.

CDC's director of development services Andrea Pellegram told the Standard: "The airfield owners have been aware for a considerable period of time that we consider that some of the ongoing flying operations at Kemble are not authorised.

"The council has been in protracted dialogue with the owners of the airfield. However, this has not yielded satisfactory results. As a result of unsuccessful negotiations we now feel that the time has come to take action so that all interested parties, including local residents, owners, occupiers and operators, are clear about what activities are permitted at the airfield."

"Despite our advice, neither a planning application nor a CLEUD has been submitted. As the local planning authority for the sites concerned, and for the benefit of everyone involved, it is our duty to bring this ongoing matter to a conclusion."