BENJAMIN STEPHENSON

  BEN STEPHENSON IS AN OFFICER INVOLVED THE INAPPROPRIATE 70 HOUSE DEVELOPMENT AT HERSTMONCEUX IN WEALDEN

POTTY TRAINING - Using a potty correctly may be a new skill for your planning team to learn if they keep missing the bowl or forgetting to flush, or maybe even fumble the paperwork. Being patient and firm with them will help them get it right eventually, even if they sometimes feel frustrated at being pushed to do the right thing. They need to known that every person is entitled to a toilet no matter how much the council's legal team tell them to ignore the rules to cause harm to a challenging member of the public - and yes we can imagine how irritating it is to be caught out consistently by some members of the public - and yes of course that makes you dig in your heels even more - leading you into trying more dirty tricks and rule breaking. But will only that lead to more spillages? 

So, if you are going to plan a vendetta, hoping to harass someone to vacate Wealden land for the benefit of someone else locally who you favour, be sure that you don't get caught with your trousers down, forget to flush, or even pull your trousers up too soon. Be careful to stay in the groove by following statute to the letter and don't hope that all Judges or Inspectors will turn a blink eye with a funny handshake - there are many who are not members of that brigade and these are the airings that are sure to come back to haunt you to reveal what you did and why you did it. Sleep safe at night by doing the right thing. Do not try to deprive anyone of their state granted rights and put the lid down after flushing.

Can you imagine a planning officer in charge of a major development who does not know what a material planning consideration is? That is what we think we are looking at in the case of Clarion Group Housing Limited who are working with Thakeham Homes Limited and Latimer Developments Limited, following on from the applications of Tim Watson in 2014 and Gleeson Developments Limited in 2015.

This application is/was for 70 houses by way of a green field site that was purchased by Tim Watson as an investment many years ago. Tim Watson, a local estate agent, abandoned his application, presumably because of identity and a potential conflicts of interest locally, because, exactly the same application was filed with a name change in 2015 by Gleeson Developments Limited, presumably a smoke and mirrors device. If the parties may wish to clarify the situation for us, we'd be pleased to publish any corrections, but as it stands it reads as though their council pals managed to push this one through for old times sake.

Around three hundred local residents were opposed to the application, leading Marina Brigginshaw to give a presentation in the village hall at Herstmonceux, but despite this exceptional turnout, the Parish Council ignored those representations and approved the application. We do not know of any specific reason for the wishes of the public being ignored, and this may become the subject of investigation as to interests and declarations at both Parish Council and District Council levels.

It is suspected that members of Wealden passed the application to in some measure gain revenge on the previous occupier of the old electricity Generating Works. If that proves to be the case, then the grant of permission will have been an abuse of process.

We are though looking for other anomalies, such as the case officers not correctly advising the Members of this Council as to applicable statute, their Local Plan and National Planning Policy, where there appears to be more than one failure to advise - now the subject of investigation. 

For starters, Herstmonceux has only one small school and could not cope with the  additional children, adding to carbon miles to bus the children to other schools on a daily basis.

Access to the site is from a busy road at an inconvenient junction without the necessary visibility splay to cope with speed of 40 miles per hour and braking as trucks and the like enter the village from the east.

Sewage disposal in a potential issue .........

ATT: Claire Turner                                                                                            TRACKED POST
Case Officer (Principal Planning Major Projects)

Planning & Building Control
Wealden District Council
Vicarage Road
Hailsham, BN27 2AX                                                                                                4 July 2018

Dear Mrs Turner,

REF: POTENTIAL CLAIM FOR DAMAGES AND/OR JUDICIAL REVIEW
PLANNING APPLICATION No: WD/2015/0090/MAO

We write with reference to a telephone conversation that you had with our planning consultant, and the subsequent visit to your offices on Monday the 2nd of July 2018.

We hope that you have may have had sight of our letter to your Chief Executive and Leader of the Council, but that if not, you bring this letter to their attention and that of the DPO.

It has been brought to our attention that when you were advised as to the potential contamination issue and our water supplies, that you said this was not a planning consideration, but rather a civil matter that followed the consent. It was noted that there has as yet been no application against reserved matters, but we anticipate a last minute rush to beat the September deadline, after which the permission lapses.

We wish to be included in the process and would remind you that as per the National Planning Policy Framework @ paragraph 196 (Decision Taking), you will see that the ‘Framework’ is a material consideration.

The fact that there is an ancient well that is fed from the adjacent field is therefore a material consideration with reference to the various applicable sections of that document (some of which you have quoted), that we cannot see is mentioned in any of the Conditions attaching to the consent, unless you can show us otherwise.

Our main concern here is that herbicide contamination will enter the well as glysophate and other garden (pesticide) chemicals, are known to be poisonous to humans. Such contamination would cause harm to persons drinking well water and anyone drinking bottled water from this ancient source.

The most obvious way to avoid contamination of the ancient well would be to keep the slope ahead of, and the soakage area left and right of the ‘well’ clear of housing. It may be appropriate to raise this with the owners/developers: Clarion and Thakeham Groups and we would welcome constructive dialogue on the subject.

We note that there are many inclusions in the ‘Conditions’ section of the Notice of Decision dated September 11 2015 and signed by Kelvin Williams, concerning dealing with surface water soakage, drainage and contamination, but no mention of the ancient well and those using it for their water supplies.

You do mention ‘Archaeology’ in Condition 4, to protect heritage assets. You mention contamination in Conditions: 6, 14, 15, 26, 27, 28 and 30. But once again there is no mention of potential drinking water contamination from the ancient well, where clearly, contamination of the groundwater (that feeds the well) and drainage is high on the agenda.

The only mention of the ‘Steam House Generating Museum’ is in condition 13. This concerns the planting of trees that you must know cannot be planted adjacent to a historic building or a common law footpath.

It may be possible to avoid contamination of the ancient well by negotiation with the owners of the site and we would urge you to consider that as a means to correct the defective ‘Conditions’ as they stand. Again, unless you can show us otherwise?

Your Council owes the District and the Village a duty to protect historic assets, and that includes the ancient well as being an intrinsic part of the Electricity Generating complex.

We would be grateful for sight of any correspondence in connection with this/these subject(s).

We would also like to know what remains to be concluded in relation to compliance studies and reports in order for the developer to be able to proceed with an application to negotiate Reserved Matters. We’d like a list of what are considered to be the ‘Reserved Matters.’

Lastly, we should like to be included in any negotiations with the developers as to ‘Reserved Matters’ where the above issues remain extant. We feel that without these matters resolved to the satisfaction of all parties, that sales or rentals of the proposed housing might present a problem, with owner/occupiers potentially becoming party to any proceedings that may arise if these matters are not agreed in advance. You can well imagine the cost of monitoring all of the properties in the vicinity to be able to apportion blame.

We hope that you will agree that the points we make are valid and well worth putting pen to paper over, rather than waiting to put the matter before the courts by way of claims various for failing to deal with them now, and we look forward to hearing from you as a matter of considerable urgency.

Yours sincerely,



for Herstmonceux Museum Ltd 

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