Agenda Item No
Committee Planning and Highways Sub Committee
Date 20 April 2005
Report by Director of Transport and Environment
Subject Development control matters and Site Monitoring
Purpose To inform Members about activities undertaken under delegated powers and development control performance for the period since 1 January 2005 and about activities undertaken in accordance with the Site Monitoring Policy
SUMMARY OF RECOMMENDATIONS
The Sub-Committee is recommended to note the report.
CONSIDERATION BY DIRECTOR OF TRANSPORT AND ENVIRONMENT
1. Enforcement
1.1 In the 3 months since January 2005, 19 new complaints have been received. All the cases relate to waste activities. Of these new cases only one has been resolved within the last quarter but ten older cases have also been resolved. Accordingly, the number of sites currently being investigated or subject to formal action stands at 57, which is an increase of eight in the total number of cases that were outstanding at the end of the previous quarter. This increase in the overall number of cases is a reflection of the officer time being taken up by the nature and complexity of some of the current cases.
1.2 On 7 March 2005, new regulations relating to Temporary Stop Notices came into effect. Under the provisions of the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005, it is now possible for local planning authorities to issue a temporary stop notice. This differs from the previous powers available whereby an enforcement notice had to be served before a stop notice could be issued. Once served, the new temporary stop notice takes effect immediately and it is an offence for anyone to breach the terms of the notice – attracting a maximum penalty of £20,000 on summary conviction. As the name implies, the new temporary stop notice is only valid for a period of 28 days and it is important, therefore, to ensure that other formal enforcement action is pursued without undue delay.
1.3 Members may be interested to note that one of the new temporary stop notices was used by the Council’s enforcement staff less than five days after the new regulations came into effect. The site, Ren’s Shaw in Staplecross, was visited following a complaint that had been received via Rother District Council and, due the scale of the works being undertaken and the harm being caused, it was considered appropriate that immediate enforcement action be taken. There were concerns that work, including the significant unauthorised importation of waste would not stop, pending the resolution of the situation. Twenty four hours after the initial visit, officers returned to the site and the landowner and a number of different operators were served with a temporary stop notice to prevent further harm being caused. This included the driver of a lorry about to deposit further waste. The matter is now the subject of continuing investigations and enforcement action and Members will be advised of progress in future reports.
1.4 In relation to other cases which may be of interest, the Council’s decision to pursue a prosecution of a landowner who failed to comply with the requirements of an Enforcement Notice has resulted in two preliminary hearings being held at Hastings Magistrates Court. The landowner of the site in Watermill Lane, Bexhill has pleaded not guilty and a two day trial has been set for 7 and 8 June 2005. Members will be advised of the outcome of the case in future reports.
1.5 Appendix 1 of this report provides more detail on the individual sites with which officers have been involved and the status of current investigations. Additional information on these sites can be obtained from the relevant officers listed at the end of this report.
2. Site Monitoring
2.1 Work has been continuing on the site monitoring programme, although the number of visits it has actually been possible to make has been restricted by other work pressures, including the determination of planning applications and current levels of enforcement work. Appendix 2 of this report provides details of the monitoring visits that have been undertaken since January 2005.
2.2 Additional information on the site monitoring programme or individual sites can be obtained from the relevant officers listed at the end of this report.
3. Development Control
3.1 For 2004/5 in relation to BVPI 109, we have set ourselves the development control target of deciding 50% of County Matter applications (excluding those requiring an environmental assessment) within 13 weeks, and, 75% of County Council applications within 8 weeks.
3.2 For the period January 2005 to March 2005 (inclusive) a total of 23 applications were determined (3 County Matter and 20 County Council applications). Of the relevant applications, 100% of County Matter applications were determined within 13 weeks, which is clearly within the Department’s target for the development control service during 2004-2005 and 50% of County Council applications were determined within 8 weeks, which falls below the Department’s target. This reduced performance level was due to the abnormally high number of applications which required amended plans or additional information, or needed to be referred to the Sub Committee for determination because of the receipt of objections.
3.3 However, the cumulative figures between April 2004 and March 2005 are 82% of relevant County Matter applications determined within 13 weeks and 80% of County Council applications determined within 8 weeks, both of which exceed the Department’s targets for 2004/5.
4. Appeals
4.1 Work is continuing on the appeal made by British Gypsum Limited against the Council’s decision to refuse planning permission for the abandonment of two culverts which carry the River Line beneath a plasterboard landfill; diversion of the River Line around the landfill in a combination of open channel and culvert; provision of dedicated drainage and treatment for surface water run off from Gypsum stockpile areas; other miscellaneous pollution control and drainage works; and the extension of the lorry park adjacent to gate house. The appeal will be dealt with by way of a Public Inquiry, the preliminary date for which has been set for 8 and 9 November 2005.
4.2 An appeal in respect of the refusal of planning permission at Cophall Wood, Polegate is to be considered at a Hearing. The County Council’s and appellant’s cases have been exchanged but no date has currently been set for the Hearing before an appointed Inspector. However, in view of the approval of application WD/427/CM at the last meeting, the appellant is likely to withdraw this appeal.
5. Paragraph 7 Consultations
5.1 This section reports on the progress of ‘Paragraph 7’ consultations. These are those applications made to District and Borough Councils which either raise strategic planning issues or fall within “Notified Sites” because of their potential impact on minerals and waste issues or on developments the County Council itself proposes to undertake.
5.2 The last report on progress on Paragraph 7 consultations was in January 2005 and covered consultations received up to December 2004. This report therefore covers the latest position on:
• all consultations where a final decision was still outstanding at the last report; and • those new consultations received since December 2004.
5.3 Appendix 3 contains the details. Table 1 itemises the consultations that were reported to this Sub Committee, summarises the County Council’s responses and sets out the latest position on each case. Table 2 covers the same kind of information for those Paragraph 7 cases dealt with by officers under delegated powers.
5.4 Overall, in the period between December 2004 and April 2005, four consultation applications were received. Of these, two consultations raised no strategic planning issues and were not treated as Paragraph 7 consultations. Of the two remaining consultations received, one was dealt with by delegated powers (RR/2005/0284 – the erection of apartment buildings at Nazareth House, Bexhill). The other is a revised application for the demolition of existing buildings including White House School and the erection of a retail store for Tesco at Hailsham which was reported to this Sub-Committee on 12 January 2005. This application is not yet determined.
5.5 One decision has been made since December 2004, which was a refusal. It was for an outline application for the demolition of buildings and the erection of a Lidl food store in Newhaven but outside the town centre. This application was called-in by the Secretary of State who accepted the Inspector’s recommendation for refusal. This decision was in line with the County Council’s view for similar reasons. Again this indicates the importance of structure plan policy and the degree of influence the Sub-Committee has in these significant applications when tested at inquiry.
6. Contact Officers
6.1 Members with any queries about enforcement matters should contact either Sarah Iles (01273 481631) or Stewart Glassar (01273 481595). Members with queries on development control matters should contact either David Vickers (01273 481629) or Tessa McGilvary (01273 481833) for County Council development or Stewart Glassar for County Matter development. Members with any queries about site monitoring should contact Sarah Iles.
6.2 Members with any queries relating to Paragraph 7 consultations should contact either Mike Langthorne (01273 481618) or Hannah Mears (01273 482017).
BOB WILKINS Director of Transport and Environment
BACKGROUND DOCUMENTS Current Enforcement and Planning Files. Applic6 Database. APPENDIX 1 Quarterly Development Control Report – Enforcement Tables
Table 1: Breaches of Planning Control Previously Investigated and Resolved Since January 2005
DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH July 1996 Tidemills, Breach of various Further letter sent to the Environment Agency Newhaven. conditions. seeking their view on the retention of the bund around the site. Response received confirming that the Environment Agency has no objection to the bund remaining.
No further action required.
December "Greenmeadow", Breach of conditions Enforcement Notice to prevent further tipping 2000 A624, and deposit in excess of served on the landowner. No appeal lodged and Near East planning permission no further action required. Grinstead.
October Balcombe Pit, Non-compliance with Enforcement Notice served. Appeal lodged and 2002 Glynde conditions on hearing held on 27 April 2004. Appeal dismissed restoration and and Enforcement Notice upheld. landscaping. Further site visit carried out. Landscaping now completed and no outstanding issues in that respect.
No further enforcement action required and site will be monitored as part of the site monitoring programme.
February Petley Wood, Deposit of soil and Retrospective planning application submitted and 2003 Marley Lane, Battle hardcore. subsequently approved.
No further enforcement action required and site will be monitored as part of the site monitoring programme.
August 2003 Potts Marsh Waste Odour and litter Site visit carried out and discussions held with site Management complaints, possible personnel. Dust and odour suppression systems Facility, Westham breach of conditions. installed in accordance with the requirements of the (Not connected to the planning permission. recent planning application for additional No further enforcement action required and site will storage bays) be monitored as part of the site monitoring programme.
August 2004 Potts Marsh Waste Breach of Conditions Site visit carried out. Operators have taken steps Management relating to lorry to advise drivers of correct route to be taken. No Facility, Westham movements. further complaints received and no further action required.
Site will be monitored as part of the site monitoring programme.
August 2004 Adjacent to Importation and deposit Site visit carried out. Quantity of materials Jempson’s Yard, of waste. deposited to raise levels and tidy area. Rother Rye Harbour District Council has been in contact with the landowners and is dealing with the matter. No further action required.
August 2004 Wivelsden Farm, Importation of soil and Joint site visit carried out with Environment Agency Wivelsfield Green rubble and discussions held with the landowner. Various works are being carried out at the farm.
Further discussions held with Lewes District Council, who is dealing with a number of ongoing planning issues at the site. However, no further County Matter issues and no further action required.
September Fir Tree View, Burning of waste Environment Agency visited the site and met with 2004 Halland the landowner and has confirmed that there are no current issues for the Council at the site.
November Adjacent to Castle Deposit of waste Further site inspection carried out and meeting held 2004 Water, Rye materials. with Rother District Council, Environment Agency Harbour and Contractor. Waste materials removed from site and other planning matters being dealt with by Rother District Council (temporary site offices/access). No further action required.
Table 2: New Breaches Of Planning Control Investigated Since January 2005 and Resolved.
DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH January Plough Depot, Storage and processing Discussions held with operator. Crusher had been 2005 South Road, of waste. brought onto the site to process materials for 2 Plumpton days. Planning situation explained. Processing ceased and no further complaints received. No further action required.
Table 3: New Breaches of Planning Control Investigated Since January 2005 and Unresolved.
DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH January Field Number 5600, Importation and deposit Site visit undertaken and letter sent to landowner 2005 Ashurst Bridge, of waste materials and requesting clearance of site. Joint site visit Ashurst scrap cars. Possible undertaken with Environment Agency and site not breach of extant cleared as required. Landowner invited to formal Enforcement Notice. interview but unable to attend at the last minute. Site has now been significantly cleared and further site inspection required to ascertain whether or not there is a continuing breach of the Enforcement Notice.
January Ringden Wood, Deposit of waste Site visit carried out and details of landowner 2005 London Road, materials obtained. Letter to be sent to landowner requiring Flimwell removal of materials. January Honey Pot Farm, Use of site for storage Joint site visit with Wealden District Council 2005 A22, Polegate of skips and waste. undertaken. No apparent waste use of the site being carried out and further consideration to whether or not use of part of site (for recycling containers) breaches extant Enforcement and Stop Notices.
January East Sussex Gliding Breach of conditions – Previously agreed preventative measures not 2005 Club, The Broyle, mud on the highway undertaken. Breach of Condition Notices served Ringmer on the Gliding Club and the operator. Further site inspection required to ensure compliance.
Other matters at the site will be monitored as part of the site monitoring programme.
January Upper Lodge Farm, Importation and storage Joint site visit with Environment Agency carried 2005 The Broyle, of waste materials. out. Letter sent to landowner and site meeting Ringmer held. Materials are to be used for works on landowners other farm (approved by Lewes District Council). Timescale for the removal of the materials agreed and site to be monitored to ensure compliance.
January Rastrum Wharf, Rye Importation (seaborne) Joint site visit carried out with Environment Agency 2005 Harbour and storage of slag and Rother District Council and discussions held from Dunkirk with the landowner and operator. Activity has Steelworks been undertaken for a number of years and further investigations being undertaken as to whether or not this constitutes a waste activity or is purely a port related activity.
February Land adjoining Importation and deposit Site visit carried out and discussions held with 2005 Willow Cottage, of builder’s waste. landowner. Further details of site sought from A22, Polegate Wealden District Council prior to letter being sent to the landowner.
February Tarring Neville Importation of waste Site inspection carried out – unable to gain access 2005 Chalk Quarry, and breach of to the site. Letter to be sent to operators and Newhaven conditions. meeting to be held.
February Polegate Honey Deposit of waste Site visit to be carried out. 2005 Farm, A22, materials Polegate
March 2005 Brooklyn Motors, Storage of waste Site visit to be carried out. Claremont Road, Seaford
March 2005 Ren’s Shaw, Rock Importation and deposit Site visit carried out and Temporary Stop Notice Hill, Staplecross of waste materials subsequently served on the landowner and three operators. Further complaints of lorry movements received and site being monitored regularly. Planning Contravention Notice also served on landowner. “Time and Place” meeting held and formal written response awaited.
Enforcement Notice and new Stop Notice to be prepared and served.
March 2005 Adjacent to Deposit of soil Site visit carried out and letter to be sent to Tamarisk Caravan landowner. Park (opposite Smugglers End), Winchelsea Beach
March 2005 Holmes Hill Farm, Deposit of waste Joint site visit undertaken with the Environment Chiddingly materials Agency. Quantity of materials found to be deposited in former clay pit and around ponds/new buildings. Further site meeting to be held with the landowner where application will be requested or the removal of the materials.
March 2005 Former Spun Deposit, storage and Majority of the materials have originated from sea Concrete/ARC site, crushing of waste defence works being carried out on behalf of the Rye Harbour materials. Environment Agency. Operators and landowner advised of need for planning permission and timescale agreed for clearance of the site. Further site meeting held to discuss a number of issues and planning application to be submitted for the temporary storage of materials at the site.
March 2005 The Old Mill, Station Deposit of waste Site visit to be carried out. Road, Buxted
March 2005 Elizabeth Road, St. Deposit of waste Site visit to be carried out. Leonards-on-Sea
March 2005 Great Buckhurst Importation and deposit Joint site visit with Rother District Council carried Farm, Westfield of soil out and matter being considered further.
March 2005 Lashmar Wood, Discharge of farmyard Site visit to be carried out. Hundred Acre Lane, waste Wivelsfield Green
Table 4: Sites the Subject of Formal Enforcement Action
DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH September Woodlands Farm, Deposit and storage of Enforcement appeal dismissed and application 1990 Beaneys Lane, waste. Operation of skip for deemed permission was refused by inspector Hastings. business. and upheld by Secretary of State. High Court challenge dismissed.
Further site visit carried out. Site still not completely cleared of waste materials. Landowner to be invited for formal interview prior to consideration being given to initiation of prosecution.
May 2000 Waste Transfer Continued use as waste Enforcement Notice appeal withdrawn. Further Station, Landfill transfer station. site visit to be undertaken prior to initiation of Site 2, Arlington. prosecution proceedings.
July 2000 Former Emdair Importation and deposit of Site to be cleared as part of the overall Engineering Works, waste. development of the land. Outline of exact Harbour Road, proposals for the site were to have been Rye. submitted by the end of July 2004. Chaser sent to landowner and details currently awaited.
Survey undertaken by DEFRA licensed ecologist found that great crested newts, water voles and slow worms inhabit the site. Landowner therefore requires a licence from DEFRA prior to carrying out any works at the site.
September Wellshurst Golf Deposit of hardcore Planning Contravention Notice served. “Time 2002 Club and Place” meeting held with landowner and formal response received to the notice. Consideration being given to need for further action.
April 2003 Ashwood Nursery, Tipping of waste Section 330 Notice (information requisition Steel Cross, materials. notice) served on landowner and response Crowborough received. Landowner has now advised that the land is to be transferred to the adjoining landowner
DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH Discussions undertaken with proposed new owner and timescale agreed for removal of certain materials and remedial works. Site to be monitored and in the event that the remedial works are not carried out within the given timescale an Enforcement Notice will be served.
April 2003 Adjacent to Deposit of hardcore Landowner previously advised to remove Ashwood Nursery, materials and restore the site by 8 November Steel Cross, 2004. Further site visit carried out and noted that Crowborough site not cleared and additional materials deposited.
Planning Contravention Notice served on landowner and response received. Enforcement Notice now to be prepared and served on the landowner requiring removal of the materials and restoration of the site.
May 2003 Simpson’s Importation and deposit of Planning Contravention Notice served on Industrial Estate, construction waste. landowner and operator. Reply received from Rye Harbour Road, operator but not landowner. Rye Section 330 notice served on landowner and response finally received. Site meeting with landowner arranged for 26 April 2005. In the event that the site has not been cleared and waste activity ceased, an Enforcement Notice will be served.
June 2003 Field No. 4331 - Deposit of waste (soil). Enforcement Notices served on landowner and opposite Preston Barclays Bank Plc. Cottage, Watermill Lane, Bexhill Notices took effect on 18 June. No appeal lodged and time for compliance for site to be cleared was 16 July 2004.
Further site inspection carried out and noted that the materials have not been removed and a breach of the Enforcement Notice is therefore taking place. Further materials also found to have been deposited.
Formal interview offered to landowner but not taken up. Prosecution proceedings instigated against landowner for failing to comply with the terms of the Enforcement Notice. Two preliminary hearings held at Hastings Magistrates Court. Landowner pleaded not guilty and trial date set for 7 and 8 June 2005.
June 2003 1 Stable Cottage, Finished heights above Breach of Condition Notice served to remove Lower Lodge Farm, approved levels. excess materials and conform to approved plan. Ringmer Further survey carried out and results indicate that the Breach of Condition Notice has not been complied with.
Formal taped interview held with landowner and further consideration being given to pursuing a prosecution against the landowner.
July 2003 Diplocks Farm, Importation and deposit of Planning Contravention Notice served on Chalvington chalk and soil. landowner and formal response received.
Retrospective planning application submitted for creation of hardstanding. Application currently DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH invalid and further details awaited.
November Crockstead Importation and deposit of Planning application for landscaping works 2003 Equestrian Centre, soil. refused by Planning and Highways Sub- Halland Committee on 11 August 2004. Revised application submitted and subsequently refused by the Planning and Highways Sub-Committee on 8 December 2004.
Responses received to Section 330 Notices previously served on landowners and formal enforcement action now to be pursued in accordance with the Sub-Committee’s resolution.
December Oak Tree Stables, Importation of demolition Planning Contravention Notice served following 2003 Rainbow Farm, waste landowners failure to reply to correspondence. Lower Dicker Formal response received.
Site meeting to be held with landowner and Wealden District Council to ascertain whether materials are appropriate to be used in conjunction with construction of stables approved by Wealden District Council.
April 2004 Treblers Farm, Filling of ponds with waste Planning Contravention Notice served on Treblers Road, materials. landowner. Response received from a friend of Rotherfield the landowner and authority to treat the letter as the formal response currently awaited from landowner.
August 2004 Adjacent to Gutter Importation and deposit of Section 330 Notice served on landowner prior to Wood, Bodle Street hardcore/demolition waste service of an Enforcement Notice. Green Further meeting held with the landowner and Environment Agency. Undertaking given by the landowner that the materials will be removed by 28 April 2005. Site visit to be carried out after that date to ensure materials have been removed.
December Middle Bridge, Deposit, processing and Planning Contravention Notice served on 2004 A259, Pevensey storage of waste landowner and “Time and Place” meeting held. materials. Soil originating from creation of scrapes on Pevensey Levels and cleaning out of ditches. No other waste imported to the site. Opinion to be sought on whether or not activity constitutes a waste activity before considering any further action.
Table 5: Breaches of Planning Control Subject to Continuing Investigation
DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH February Cophall Wood, Stockpiling material in Some works undertaken. Environment Agency 2002 Polegate breach of condition and pursuing action regarding stockpile. operating waste and ancillary uses beyond Further site visits undertaken. Continuing issues the site boundary. regarding permanent structures, extension of working area and storage/deposit of waste materials.
DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH August 2003 Highfield Holdings Importation and deposit Joint site visit carried out with the Environment (poultry farm), of waste materials. Agency. Letters sent to landowner and site Laughton manager and, replies received.
Further discussions and site meeting to take place.
February Rutherfords Deposit of hardcore and Joint site visit undertaken with Environment 2004 Business Park, raising of levels. Agency. “Spoil” from stone works being stored on Marley Lane, Battle site – no waste imported. Planning history being researched prior to any further action and response currently awaited from Rother District Council.
March 2004 Pump Wood, Pump Deposit of demolition Further complaints received and joint site visit Lane, Framfield waste carried out with Wealden District Council.
Letter to be sent to the landowner prior to decision being made on most appropriate course of action.
May 2004 Summersales Deposit of waste. Site visit carried out. Various developments being Farm, carried out. Some areas used for the deposit of Crowborough waste. Letter to be sent to the landowner.
August 2004 The Shawe, Importation and deposit Site visit carried out. Letter sent to landowner and Millbrook Hill, of waste materials response received. Nutley Further consideration being given to the matter.
August 2004 Hailsham (South) Breach of landscaping History of site being researched and meeting to be Waste Water conditions and arranged with site operator. Treatment Works, complaints regarding Hailsham odour.
September Springfield Farm, Burying of asbestos Site history being researched and multi-agency 2004 Ditchling Road, visit to be carried out. Wivelsfield
September Hailsham Processing of waste Discussions undertaken with Wealden District 2004 Roadway, A22, Council relating to the authorised uses of the site. Hailsham Joint site visit with Wealden District Council and Environment Agency to be carried out.
October Ripleys Scrapyard, Installation and use of Joint site visit to be carried out with the 2004 Hailsham new machinery Environment Agency.
October Tile Barn Farm, Importation and deposit Further site visit carried out and meeting held with 2004 Isfield of waste materials. the landowner. Part retrospective planning application to be submitted.
November Adjacent to Deposit and storage of Site visit carried out. Letter to be sent to landowner 2004 Swanborough waste materials requesting removal of materials. Fishing Lakes, Swanborough, Kingston
November Telscombe Tye Importation of chalk and Discussions undertaken with Sussex Downs 2004 creation of bunds. Conservation Board regarding suitability of work carried out. SDCB/landowner to either remove material or submit a retrospective planning application.
December Shining Cliff Deposit of soil and Site visit carried out. Letter sent to Hastings 2004 hardcore – possible Borough Council to ascertain situation relating to breach of extant permissions for the site. Response currently Enforcement Notice. awaited.
December Kennel Corner, Deposit of waste Site visit carried out and quantity of soil and DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH 2004 Ringmer materials. builder’s waste found. Letter sent to landowner and site meeting held. Reply to the letter currently awaited prior to further action.
Table 6: Retrospective Planning Applications Awaiting Determination
DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH None None None None
Table 7: Sites subject to Breaches of Conditions
DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH March 2004 Flitteridge Farm, Breach of conditions Further site visit undertaken. Planning permission Fletching implemented without complying with a number of conditions. Letter sent to landowner clarifying situation and meeting subsequently held with the landowner and operator. Undertaking given to address the outstanding issues and situation currently being monitored.
April 2004 A M Skips, Operation of waste Site visit undertaken and correspondence entered Hazelbank, transfer station outside into with the operator. Details submitted relating to Maresfield approved area and outstanding conditions and currently under possible breach of consideration. conditions. Discussions held with operator and site meeting to be held.
Table 8: Breaches of Planning Control sites subject to Monitoring
DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH March 2004 Bartlett’s Farm, Deposit of chalk and Final site visit to be carried out to ensure remedial Bodle Street rubble and alleged works have been carried out. burying of sheep.
April 2004 Land adjacent to Deposit of waste Wealden District Council has granted planning Penfold’s Yard, permission for the development of the site and Crowborough Hill, materials will be removed as part of that Jarvis Brook development.
However, further complaints received regarding importation of material. Joint site inspection carried out with the Environment Agency and discussions held with the landowner. Permission granted by Wealden District Council is to be implemented shortly and materials will be removed. In the meantime, landowner advised not to import any further materials. Site to be monitored.
DATE LPA BECAME SITE NATURE OF CURRENT AWARE OF ADDRESS CASE POSITION BREACH June 2004 The Brickfield, Deposit of bricks and Further site meeting held with representative of the Coldthorn Lane, rubble landowner and the Environment Agency. Hailsham Importation of material has ceased. Quantity of rubble stored at site to be used for forthcoming works to barns.
Deadline given for use/removal of materials and site to continue to be monitored.
June 2004 Brigden Hill Farm, Filling of two slurry Final site visit to be carried out to ensure remedial Ashburnham lagoons with waste works have been carried out. materials June 2004 White Hart Public Deposit of rubble Planning application for fencing and extension to House, car park submitted to Wealden District Council but Crowborough subsequently refused. Site to be monitored to ensure use/removal of materials.
August 2004 21 Virgins Lane, Deposit of soil. Large quantity of soil deposited in field to the rear Battle of the property. Soil generated from development of 2 new dwellings (approved by Rother District Council).
Landowner has confirmed that materials will be removed following completion of development (anticipated to be in August 2005).
Site to be monitored to ensure removal of materials.
September West of Dittons Importation and Joint site visit carried out with Wealden District 2004 Industrial Estate, processing of waste. Council. Dittons Road, Polegate Processing at the site initially ceased and materials removed. However, further complaints received and use continuing.
Wealden District Council, supported by this Council, has taken enforcement action relating to various unauthorised uses of the site, including the waste uses.
Breakdown of Enforcement Case Load Number of Cases Breaches of planning control notified since January 2005 18 and currently unresolved. Sites the subject of formal enforcement action. 15 Breaches of planning control subject to continuing 15 investigation. Retrospective planning applications awaiting determination. 0 Sites subject to breaches of conditions. 2 Sites subject to Monitoring 7 Total Caseload 57
APPENDIX 2
Site Monitoring
This table details the sites monitored during the last quarter.
Site Site Comments/action required Reference Number 1. S00014 Crumbles (Sovereign) Harbour Village, Landscaping to former landfill site not carried out. Pevensey Bay Road, Eastbourne
2. S00745 Eastbourne Waste Water Treatment Works, Landscaping scheme planted but not maintained (as required for a specified Prince William Parade, Eastbourne period). Trees and shrubs that have died have not been replaced. Letter to be sent to Landowner.
3. S00094 Waste Transfer Station, Potts Marsh Permission for erection of four new bays not yet implemented. Conditions Industrial Estate, Westham relating to previous permissions being complied with.
4. S00023 Filching Quarry, Jevington Site dormant. Clearance work to the access has been carried out recently but otherwise no activity at the site regarding the extraction of chalk.
5. S014844 Cooksbridge Waste Water Treatment Works Kiosk has been constructed in accordance with the approved plans. No outstanding conditions and no further monitoring required.
6. S01569 Lewes Combined Sewer Overflow (CSO) The scheme is complete and has been officially “opened” with minor remedial works to be undertaken. All conditions have been discharged and there are no outstanding matters.
7. S01549 Transfer Pumping Station, Ham Lane, Lewes Once the CSO remedial works have been completed, offices and other plant will be removed from the site.
8. S01572 Car Park adjacent to Lewes Railway Station The use of the land for a car park should cease on 30 April 2005 in line with car park, Pinwell Road, Lewes all works to the CSO being completed. Currently, there are no outstanding matters.
9. S01634 Land at Buckhurst Close, Willingdon Provisions of legal agreement relating to the maintenance of landscaped open space investigated and in conjunction with legal advice no longer considered feasible to be enforced.
10. S00027 Beddingham Landfill Site Liaison meeting attended.
11. S00034 Ibstock Chailey Brickworks, South Chailey Landscaping works have now been carried out.
12. S00124 Serco Depot – Tingley Skips, Eastbourne Use of the site for a skip business has ceased (in accordance with the temporary permission) and the operator is in the process of clearing the site of residual materials.
Appendix 3 Progress on Paragraph 7 Consultations
TABLE 1 PROGRESS ON PARAGRAPH 7 CONSULTATIONS - REPORTED TO PLANNING & HIGHWAYS SUB-COMMITTEE (AS AT APRIL 2005)
APPLICATION DATE RECEIVED, SITE & COMMITTEE DATE AND SUMMARY OF ESCC CURRENT POSITION NUMBER PROPOSED DEVELOPMENT REPRESENTATION Lewes LW/01/1464 Received: 15 August 2001 Planning & Highways Sub-Committee: 14 November 2001 Application called-in by Secretary of State who agreed with the inspector’s recommendation to Former Haven Foundry, New Road, The application should be refused, because: REFUSE the application. Newhaven. • it would involve the loss of employment land in an area of low economic performance and with an under-provision of suitable This decision was in accordance with the ESCC O/L application for the demolition of business accommodation; representation and for similar reasons. buildings, erection of food store (Class • the site lies outside the primary shopping centre and fails the A1) together with car parking, sequential test required by Structure Plan policy and PPG6; construction of pedestrian and • it has not been demonstrated that the proposal would not harm vehicular accesses. the vitality and viability of the town centre; and • it fails to provide for satisfactory access by non-car modes of transport.
LW/02/1595 Received: 23 August 2002 Planning & Highways Sub-Committee: 16 October 2002 Lewes District Council minded to refuse.
Land north of Village Way, B2123, The application should be refused because: Application CALLED-IN by Secretary of State. Falmer. • there is no justification for development in the AONB; Call-in Inquiry and Local Plan Inquiry into similar • it would seriously harm the landscape character and quality of issue held. Construction of coach and bus the AONB and noise would impact on Falmer village; interchange for community stadium. • it would erode the strategic gap between Brighton and Falmer; Local Plan Inspector recommended against • it fails to demonstrate how it would meet its access demands, proposal but call-in inquiry due to be reopened to how movements will be safely managed and how it would consider alternative sites. reduce and manage waste.
LW/2004/0662 Received: 13 May 2004 Planning and Highways Sub-Committee 16 June 2004 Not yet determined. And WD/04/0851 Land at Riverbanks off Exceat Bridge Insufficient information is available with the application for the impact on of A259, Seaford Parish. the SSSI and flood risk to be sure that proposal will be acceptable. Due to the lack of hydrological information with the application there are Raising height of flood protection banks doubts over the claimed level of flood protection, protection of the by 300mm, relaying footpath surface landscape character and ecological values of the proposal. material and construction of bird hide. Approval of this development could be seen as pre-empting decisions on coastal protection to be made as part of the Review of the Shoreline APPLICATION DATE RECEIVED, SITE & COMMITTEE DATE AND SUMMARY OF ESCC CURRENT POSITION NUMBER PROPOSED DEVELOPMENT REPRESENTATION Management Plan, but approval need not prelude applications for alternative solutions from being made and approved. Rother RR/2000/1431 Received: 26 June 2000 Planning & Highways Sub-Committee on 18 April 2001 Not yet determined. Held in abeyance.
Land at Worsham Farm and Glovers Deferred until the Traffic Impact Assessment had been assessed and Farm north of Wrestwood Road, the transport impacts had been clarified. Bexhill.
Outline - erection of 500 dwellings, a primary school, district centre including retail (15,000 sqms.), offices (1000 sqms.) open space and related roads.
RR/2004/2613 Received: 21 September 2004. Planning and Highways Sub-Committee on 10 November 2004. Not yet determined.
Claverham Community College, North Proposal is welcomed in principle. However, as the proposed Trade Road, Battle. development would have an adverse impact on the High Weald AONB, the building should be repositioned further into the north-east corner of Outline erection of new college building the plateau to better relate to existing buildings on the site, requiring the and all weather pitch. relocation of the car park, ideally north onto the upper level of the site.
The following should also be agreed: • landscaping scheme and building materials; • parking arrangements including the preparation of a Travel Plan; and • Measures to minimise waste and reuse construction waste on site. Wealden WD/01/1466 Received: 23 July 2001 Planning & Highways Sub-Committee: 12 September 2001 Minded to approve subject to completion of a Section 106 agreement. Ashdown Business Park, Maresfield. The application should be approved, provided that the District Council is satisfied that appropriate mitigating and compensating measures arising O/L application for development of a from a full Environmental Impact Assessment will be provided; and, it Business Park for B1 Light Industrial & complies with the Highways Authority’s detailed requirements; and, that Office uses with new roundabout at a landscape management plan and maintenance agreement will be junction with A272 & internal Spine provided securing continual environmental management, in particular of Road (Road 1) plus the creation & Calves Shaw; and, completion of an S106 Agreement to secure the management of landscaped amenity above requirement. areas.
WD/04/2610 Received: 26 November 2004 Planning and Highways Sub-Committee on 12 January 2005 Not yet determined
APPLICATION DATE RECEIVED, SITE & COMMITTEE DATE AND SUMMARY OF ESCC CURRENT POSITION NUMBER PROPOSED DEVELOPMENT REPRESENTATION White House Primary School, North The proposal was recommended for approval provided that Wealden Street Car Park and adjoining land District Council: between the Cuckoo Trail and North • is satisfied that the proportion of convenience goods floorspace Street, Hailsham. in the new store will be no greater than that claimed in the applicant’s retail impact analysis; Demolition of existing buildings and • ensures that no work begins on the application site until work erection of retail store (class A1) with on the replacement school is finished; associated car parking, landscaping • is satisfied that the design of the public spaces and pedestrian and highway works, including new ways linking the new store with the existing shopping area access from north Street. successfully integrate the new development with the existing town centre and the design of the building is sympathetic to the adjoining conservation area; • imposes a condition requiring the applicant to submit detailed information on the volume of waste generated along the proposals for refuse; • ensures that the applicant enters into a legal agreement with the Highway Authority to secure the highway works required.
TABLE 2 PROGRESS ON PARAGRAPH 7 CONSULTATIONS – DELEGATED RESPONSES (AS AT APRIL 2005)
APPLICATION DATE RECEIVED, SITE & RESPONSE DATE AND SUMMARY OF ESCC CURRENT POSITION NUMBER DESCRIPTION. REPRESENTATION Lewes LW/03/1618 Received: 26 August 2003. Response by letter dated 1 September 2003. Called in by SoS for determination. Case heard at reconvened Stadium inquiry. University of Brighton campus The County Council objects to this application and considers it should SoS decision awaited. entrance. Village Way and B2123 be refused because: junction at Falmer. • it is an unnecessary and unjustified urban intrusion that would The main application for the stadium is in Brighton adversely affect the character and quality of the Sussex Downs and Hove and therefore does not appear in this Partial widening of village way together AONB; and table. with B2123 junction improvements and • need for the development is not satisfactorily demonstrated;. new roundabout. However, if this application is to be approved, it should only be approved as a consequence of any approval of the proposed stadium development and should not be approved as a stand-alone scheme.
LW/04/2398 Received: 30 November 2004. Response by letter dated: 16 December 2004. Decision Awaited.
Lewes House Site, Land between The main issue is the potential impact of the proposed development on Walwers Lane and Broomans Lane, the notified Lewes Library site, and the affect on the setting and public Bisected by Church Twitten , to r/o realm. Lewes House and School Hill House, Lewes.
Redevelopment for new housing (79 units), open space, footpaths, landscaping and car parking. Rother RR/2004/2340 Received: 27 August 2004 Response by letter dated: 13 September 2004. Recommended for approval - Decision Awaited.
Nazareth House, Hastings Road, Alteration to previous scheme – RR/2003/2002. Bexhill. Application supported in principle, provided that: • Design respects the setting of a listed building; Alterations to consent granted under • Education contribution can be secured; application number RR/2003/2002 • Highway Authority are satisfied that the transport impact can be comprising alterations to conversion accommodated and contributions secured; scheme for main building court yard • The District Council can secure the provision of affordable and warehouse buildings and chapel; housing; demolition of existing school building • Excavation and demolition waste material is minimised and and erection of new block comprising reused and recycled; and APPLICATION DATE RECEIVED, SITE & RESPONSE DATE AND SUMMARY OF ESCC CURRENT POSITION NUMBER DESCRIPTION. REPRESENTATION 27 apartments; and a change of use of • The integrity of the chapel space is retained and there is no chapel for use as a private members adverse affect on the setting of the listed building from the fitness and leisure facility. change of use to a fitness and leisure facility.
RR/2005/0284 Received: 1 March 2005 Response by letter dated 23 March 2005 Not yet determined.
Nazareth House, Hastings Road, Alteration to previous scheme – RR/2003/2002 Bexhill. Original application supported in principle (see above), ESCC raise no further strategic issues. Demolition of existing school building and erection of two new apartment buildings comprising 51 apartments with associated works. Wealden WD/98/1597 Received: 12 July 1999 Response by letter dated 29 July 1999 Application not yet determined. (Amended) Awaiting observations from the Environment Uckfield Railway Station, High Street, ESCC restated need for WDC to ensure that proposal would not conflict Agency following consultants flood risk report. Uckfield. with possible reinstatement of rail route. Subject to a legal agreement. O/L new access road, Change of use of redundant station building to doctor’s surgery, C/U of redundant workshop to offices, a sheltered housing scheme and associated car parking.
WD/00/877 Received: 28 April 2000. Response by letter dated 25 July 2000. Application not yet determined.
Land at Ghyll Road, Heathfield. Recommended refusal because: • proposal is contrary to Structure Plan policies to avoid loss of Outline - erection of 44 houses (11 employment land; and affordable), construction of 6 industrial • consider proposal is premature pending progress on emerging (B1) warehouse (B8) units, 3,600sq.m., Wealden Local Plan review. 8 car parking spaces for use in conjunction with the Cuckoo Trail, use of land along the course of Waldron Gill as public open space; and the formation of an access.