FOR REFERENCE – VERSION OF 2006 ENFORCEMENT NOTICE AS VARIED UNDER SECTION 173A OF THE TOWN AND COUNTRY PLANNING ACT 1990 – ANDREW OGDEN, DIRECTOR OF LAW & PERSONNEL, 15 SEPTEMBER 2009 IMPORTANT – THIS COMMUNICATION AFFECTS YOUR PROPERTY TOWN & COUNTRY PLANNING ACT 1990 (as amended by the PLANNING AND COMPENSATION ACT 1991) TOWN & COUNTRY PLANNING (ENFORCEMENT NOTICES AND APPEALS) (ENGLAND) REGULATIONS 2002 ENFORCEMENT NOTICE – Section 171A(1)(a) To: The Clerk to Telscombe Town Council Telscombe Town Council Telscombe Civic Centre 360 South Coast Road Telscombe Cliffs East Sussex BN10 7ES Land at Telscombe Tye, Telscombe which is shown edged in thick black on the plan attached to this Notice (“the land”) Issued by : East Sussex County Council (“the Council”) This notice is issued by the Council because it appears to them that there has been a breach of planning control within paragraph (a) of Section 171A(1) of the above Act, at the land. They consider that it is expedient to issue this notice, having regard to the provisions of the development plan and to other material planning considerations. The breach of planning control alleged Without planning permission, the creation of bunds using imported waste materials in the positions shown coloured red on the attached plans (Inset Plans 1-8) . Statement of Reasons for Issuing this Notice The Council considers that it is expedient to take enforcement action because: 1. It appears the above breach of planning control has occurred within the last four years. 2. The bunds represent an inappropriate form of development within the open downland of the AONB. The scale and nature of the bunds neither conserves nor enhances the landscape character and quality of the AONB and conflicts with Policies EN2, EN3, EN4 & EN7 of the East Sussex and Brighton & Hove Structure Plan 1991-2011, Policies CT2 & PT15 of the Lewes District Local Plan 2003 and Policies WLP1(f) and WLP35(e) of the East Sussex and Brighton & Hove Waste Local Plan 2006. 3. The bunds will restrict access on to the Tye and will adversely affect amenity, thereby conflicting with Policy LT16 of the East Sussex and Brighton & Hove Structure Plan, Policy PT15 of the Lewes District Local Plan 2003 and Policy WLP35(d) of the East Sussex and Brighton & Hove Waste Local Plan 2006. 4. The bunds contain non-inert waste materials that have an adverse visual effect and may be hazardous to users of the Tye, thereby conflicting with Policy LT16 of the East Sussex and Brighton & Hove Structure Plan 1991-2011, Policy PT15 of the Lewes District Local Plan 2003 and Policy WLP35(d) of the East Sussex and Brighton & Hove Waste Local Plan 2006. 5. The disposal of both inert and non-inert waste materials in the AONB has not been justified in relation to the principles of waste management and does not enhance the landscape or general environment. It is an inappropriate use of materials in this location and conflicts with Policies W2 & W9(b) and (c) of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policies WLP1(a) and WLP24 of the East Sussex and Brighton & Hove Waste Local Plan 2006. 6. The bunds adversely affect the setting of the Prehistoric cross-dyke Scheduled Ancient Monument and conflicts with Policy EN23 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy H9 of the Lewes District Local Plan 2003. 7. The bunds are unlikely to be grazed to the requirements of the Environmentally Sensitive Area Scheme and are likely to support rank vegetation that could threaten the success of the adjoining chalk grassland flora which would conflict with Policy EN17 of the East Sussex and Brighton & Hove Structure Plan 1991-2011. 8. The Council does not consider that planning permission should be granted for this development. What you are required to do 1. Remove the unauthorised bund s all those unauthorised bunds shown in red on Inset Plans 1A, 2A, 3A, 4A, 5A, 6A, 7A, 8A and return the land back to grassland consistent with the surrounding habitat. Materials forming the bunds to be removed include, but are not exclusively, chalk, soil, concrete, bricks, hardcore, plastics, metals and wood. The unauthorised bunds shown in blue on Inset Plans 1A, 2A, 3A, 4A, 5A, 6A, 7A, 8A are not required to be removed. Time for compliance: eight week s after this notice takes effect. by 15 January 2010. When this notice takes effect : This notice takes effect on 13 July 2006 unless an appeal is made before that date. Signed ……………………………… Date : 9 June 2006 Andrew Ogden Director of Law and Performance Management, East Sussex County Council, County Hall, LEWES BN7 1SW THERE IS A RIGHT OF APPEAL DETAILS OF WHICH ARE SET OUT IN THE EXPLANANTORY NOTE SENT WITH THIS NOTICE . .