Dear Mr Kean,
ANCIENT WELL & SUSTAINABLE WATER SUPPLIES
We write with reference to the Memorandum dated May 12 2015, in relation to the proposed development at land adjacent to Lime Cross Recreation Ground, reference number: WD/2015/0090/MAO.
OUTLINE APPLICATION HERSTMONCEUX WD/2015/0090/MAO - CONDITIONS
1.2. In accordance with that condition:
A survey has been undertaken by the Sewerage Undertaker (Southern Water) which has resulted in a Section 98 Sewer Requisition in order to provide a suitable offsite sewer for the disposal of foul water from the development. Southern Water’s reference is SWS-S98-000519 v2, dated 10/11/2017 (copy of letter attached in Appendix 1) and has been accepted and payment made in order to progress; and · A full drainage design has been undertaken for the onsite foul drainage.
The site is located off Gardner Street, to the south-east of Herstmonceux, and is centered on national grid reference E563798, N112404.
Existing public foul sewers have been located within Gardner Street to the north. To the northwest, within Gardner Street, is a foul network which runs east-west before running north to a pumping station (Gardner Street WPS). The pump main from the existing pumping station runs south to Gardner Street and then west-east along Gardner Street, discharging into a gravity main approximately 300m east of the site. This gravity sewer runs north-east to the Windmill Hill Waste Water Works.
3.6. A second foul network runs from a point to the south of the site discharging into the Lime Park Herstmonceux Waste Water Works, approximately 300m to the south.
The existing site is greenfield and no existing connections to foul infrastructure have been identified.
4.2. Investigations were undertaken as to whether the existing Lime Park Waste Water Works could be connected to under gravity and it was confirmed that the works themselves were not adequately sized to receive flows from a further 70 residential dwellings and would require reconstruction and consenting.
4.3. Any foul drainage solution would need to be received by existing or new infrastructure to the north of the site and would require a pumped solution, to overcome the topography.
4.4. Under Section 98 of the Water Industry Act, Southern Water were instructed to progress a solution of the offsite infrastructure upgrades required to support the development. Appendix 1 contains the offer letter received from Southern Water under this process.
4.5. The technical solution offered by Southern Water is to provide new and improved infrastructure in Chapel Row and Gardner Street as part of the Section 98 Requisition.
A gravity system of foul drainage has been proposed, based upon the approved illustrative layout, which collects the waste from the 70 units and drains to the south-west corner of the site, adjacent to Chapel Row.
5.3. A private pumping station has been proposed adjacent to Chapel Row which will collect the foul flows and pump them into the proposed foul rising main provided by Southern Water under the Section 98 application.
Pumping station design (Private)
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.
Graham Kean is the Countryside Engineer for Wealden District Council.
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.
The visibility splay is a potential issue according to Mr Lenton in his letter dated 22 January 2015 with reference to the applicant Gleeson Developments Limited:
"The stretch or road fronting the site is subject to a 30mph speed limit; however a speed survey has been undertaken close to the proposed access point in order to determine actual vehicle speeds. The results of this survey indicate an 85th % tile vehicle speeds of 40.6mph for vehicles approaching the site access from the north-west and 44.9mph for those approaching from the south-east.
Claire Turner TRACKED
& Building Control
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.
WEALDEN'S OFFICERS FROM 1983 TO 2018
MISFEASANCE & MALFEASANCE
When an officer of the courts omits to include evidence that he or she knows is relevant to a hearing, that is termed misfeasance in public office. Where an officer then tries to cover up his or her misfeasance (as did Ian Kay in the Stream Farm matter), or J Douglas Moss did in the Old Steam House case, that becomes malfeasance. The difference is that misfeasance is a civil wrong, whereas malfeasance is a criminal offence. The leading case precedent on malfeasance is: R. v Bowden 1995 Court of Appeal (98 1 WLR), where police constable Bowden failed in his duty to protect a member of the public.
The only defence that Wealden's officers have in their criminal dealings is that Sussex Police will not investigate any offence committed by their chums at Wealden. The proof of this is the failure of DS Keith Lindsay failed to interview any one of 12 unrelated complainants or the planning or executive officers from Wealden who stand accused.
Where does Claire Turner fit into all of this? At the moment we do not know and we are giving Mrs Turner the benefit of the doubt. In other words we accept that she is innocent of any hand in the approval of the 70 house windfall grant at Herstmonceux, unless and until fresh evidence becomes available to suggest otherwise.
Vicarage Lane, Hailsham, East Sussex, BN27 2AX T: 01323 443322
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