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WATER RIGHTS - Clarion Housing Group and Thakeham Homes are in danger of spoiling an ancient well that supplies water to many concerns in this vicinity. In the picture you can see a hired digger scooping out trenches to test drainage by pouring in water and measuring the rate of absorption by the soil. It seems to us that if you build houses on the ground that feeds the ancient well, that contamination from garden treatments such as Roundup and engine oils, etc., will find its way into this well leading to claims against the owners of the houses who would have been sold a pup, and/or against the Council for approving the proposal, by way of a negligence claim, and/or against the vendors or developers. Any way you look at it the developers and Council concerned should take steps to ensure that no development takes place until the proper tests and evaluations have been completed, and after that stage, to ensure that any houses built in this location will not be on a path that includes the water table that feeds the ancient well.
Any failure to conduct the proper tests and house situation, along with safe sewage disposal, may tempt the Secretary of State to call in the application. We imagine that all of those with a financial interest in this piece of greenbelt will want to resolve issues before it starts to get complicated. ANNEX 3 LIST OF REPLACED DOCUMENTS
4. Planning Policy Statement 3: Housing (9 June 2011)
5. Planning Policy Statement 4: Planning for Sustainable Economic Growth
(29 December 2009)
6. Planning Policy Statement 5: Planning for the Historic Environment
(23 March 2010)
7. Planning Policy Statement 7: Sustainable Development in Rural Areas
(3 August 2004)
8. Planning Policy Guidance 8: Telecommunications (23 August 2001)
9. Planning Policy Statement 9: Biodiversity and Geological Conservation
(16 August 2005)
10. Planning Policy Statement 12: Local Spatial Planning (4 June 2008)
11. Planning Policy Guidance 13: Transport (3 January 2011)
12. Planning Policy Guidance 14: Development on Unstable Land (30 April 1990)
13. Planning Policy Guidance 17: Planning for Open Space, Sport and Recreation
(24 July 2002)
14. Planning Policy Guidance 18: Enforcing Planning Control (20 December 1991)
15. Planning Policy Guidance 19: Outdoor Advertisement Control (23 March 1992)
16. Planning Policy Guidance 20: Coastal Planning (1 October 1992)
17. Planning Policy Statement 22: Renewable Energy (10 August 2004)
18. Planning Policy Statement 23: Planning and Pollution Control
(3 November 2004)
19. Planning Policy Guidance 24: Planning and Noise (3 October 1994)
20. Planning Policy Statement 25: Development and Flood Risk (29 March 2010)
21. Planning Policy Statement 25 Supplement: Development and Coastal Change
(9 March 2010)
22. Minerals Policy Statement 1: Planning and Minerals (13 November 2006)
23. Minerals Policy Statement 2: Controlling and Mitigating the Environmental
Effects of Minerals Extraction In England. This includes its Annex 1: Dust and
Annex 2: Noise (23 March 2005 - Annex 1: 23 March 2005 and Annex 2:23 May 2005) 24. Minerals Planning Guidance 2: Applications, permissions and conditions (10 July 1998)
26. Minerals Planning Guidance 5: Stability in surface mineral workings and tips
(28 January 2000)
27. Minerals Planning Guidance 7: Reclamation of minerals workings
(29 November 1996)
28. Minerals Planning Guidance 10: Provision of raw material for the cement
industry (20 November 1991)
29. Minerals Planning Guidance 13: Guidance for peat provision in England
(13 July 1995)
30. Minerals Planning Guidance 15: Provision of silica sand in England
(23 September 1996)
31. Circular 05/2005: Planning Obligations (18 July 2005)
32. Government Office London Circular 1/2008: Strategic Planning in London
(4 April 2008)
33. Letter to Chief Planning Officers: Town and Country Planning (Electronic
Communications) (England) Order 2003 (2 April 2003)
34. Letter to Chief Planning Officers: Planning Obligations and Planning Registers
(3 April 2002)
35. Letter to Chief Planning Officers: Model Planning Conditions for development
on land affected by contamination (30 May 2008)
36. Letter to Chief Planning Officers: Planning for Housing and Economic Recovery
(12 May 2009)
37. Letter to Chief Planning Officers: Development and Flood Risk – Update to the
Practice Guide to Planning Policy Statement 25 (14 December 2009)
38. Letter to Chief Planning Officers: Implementation of Planning Policy Statement
25 (PPS25) – Development and Flood Risk (7 May 2009)
39. Letter to Chief Planning Officers: The Planning Bill – delivering well designed
homes and high quality places (23 February 2009)
40. Letter to Chief Planning Officers: Planning and Climate Change – Update
(20 January 2009)
41. Letter to Chief Planning Officers: New powers for local authorities to stop
‘garden- grabbing’ (15 June 2010)
42. Letter to Chief Planning Officer: Area Based Grant: Climate Change New
Burdens (14 January 2010) 43. Letter to Chief Planning Officers: The Localism Bill (15 December 2010)
44. Letter to Chief Planning Officers: Planning policy on residential parking
standards, parking charges, and electric vehicle charging infrastructure
(14 January 2011)
CONTACTS
Department for Communities and Local Government
HINKLEY,
CALIFORNIA - GROUND WATER CONTAMINATION - The
town of Hinkley, California,
located in the Mojave Desert, (about 121 miles driving distance
north-northeast of Los Angeles) had its groundwater contaminated with
hexavalent chromium starting in 1952, resulting in a legal case
against Pacific Gas & Electric (PG&E) and a multimillion-dollar
settlement in 1996. The legal case was dramatized in the film Erin
Brockovich, released in 2000.
After
many arguments, the case was referred to arbitration with maximum
damages of $400 million. After the arbitration for the first 40 people
resulted in roughly $110 million,
PG&E reassessed its position and decided to end arbitration and
settle the entire case. The case was settled in 1996 for $333 million,
the largest settlement ever paid in a direct-action lawsuit in U.S.
history.
LEAD CASE: In the case of Wealden District Council and planning application WD/2015/0090/MAO, originally filed by Tim Watson in 2014, then re-filed by Gleeson Developments in 2015, and taken over by Clarion Group and Thakeham Group, there appear to be multiple errors in applying these policies to greenbelt, including failing to protect open spaces and the historic built environment, and not promoting sustainable transport.
The Horse Sanctuary Trust are following this case with much interest. We consider that the paper trail will eventually make interesting reading, leading us to who is making the decisions and the money ........
GREENBELT - Digging up Greenfield sites for quick profits from windfall planning consents is ruining the heritage of the nation. Once it is gone, it is gone. Britain is short of genuinely affordable housing that developers are loath to provide where all they want is the money. It may be that Clarion Housing and Thakeham intend building affordable units on this site. They should also bear in mind the requirement for sustainable development in United Nations terms. Copyright photograph © April 26 2018, Herstmonceux Museum Limited. All rights reserved. You may not copy this picture except for educational use.
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