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DATE LPA BECAME AWARE OF BREACH
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SITE ADDRESS |
NATURE OF CASE |
CURRENT POSITION |
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1/1 |
August 2019 |
Penfold Driveways, AS Farm, The Warren, Crowborough
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Importation, deposit, and processing of waste (soils and hardcore) |
A joint site visit undertaken by officers from this Authority and the Environment Agency found that a significant quantity of waste materials, comprising soils, sub-soils and hardcore, had been imported into the site and deposited. The soils were being processed on site by means of a screener. A letter was sent to the operator requesting details of the nature and purpose of the activity and a response was received.
Since the previous correspondence, further contact was made with the operator, who advised the Environment Agency that some key people involved in the company had suddenly left and set up a rival company, leaving the operator to sort out the issues at this site. Further discussions took place regarding agreeing a timescale for the removal of the materials. As a result of the Coronavirus pandemic lockdowns, the operator had not been able to remove much of the waste that was stored on the site. However, progress was then made and a significant quantity of the imported waste material was removed from the site.
Further site inspections have been carried out and the imported waste has now been removed from the site. This is with the exception of a small quantity which is being used to create a bund to demarcate the boundary of the site with the adjoining site.
The breach of planning control has been resolved and no further enforcement action is required.
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1/2 |
June 2022 |
Magreed Farm (previously Hilltop Farm), Magreed Lane, Broad Oak, Heathfield |
Importation and deposit of waste, including building materials and disused vehicles. |
A complaint was received regarding the use of this site for the importation and storage of waste materials and other items. A site visit was carried out and discussions held with the landowners. During the site visit, it was noted that there was a considerable quantity of waste materials at the site, albeit in a relatively limited area.
The landowners claimed that much of the waste was inherited from the previous owner when they purchased the farm and that they were in the process of gradually clearing the waste and disposing of it off site. There was no evidence to dispute this, and historic records tend to support this. The landowners were advised that no new waste should be imported to the site.
In order to ensure that the landowners were progressing the clearance of the historic waste, the site was monitored periodically. A final site visit has now been carried out and it is considered that the breach of planning control has been resolved and no further enforcement action is required. Officers will, however, periodically visit the site.
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1/3 |
October 2022 |
Sussex Mini Skips, Slyes Cottages, Rickney Lane, Hailsham |
Use of farm buildings for skip business involving the importation, bulking up, transfer, deposit and burning of waste |
A complaint was received that waste was being imported into the site and burnt. A joint site visit was carried out with an officer from the Environment Agency which confirmed the substance of the complaint. During the course of the site visit, discussions were held with the operator who confirmed the land in question was being used by his skip business.
The operator indicated that he would seek planning permission to regularise the use of the site. Letters were sent to the operator, but no responses received. A Planning Contravention Notice (PCN) was therefore prepared and served on the operator.
Since the service of the PCN the site has been cleared and vacated. A final site inspection has been carried out which confirmed the cessation of the use and that the site had been cleared of the waste. The breach of planning control has been resolved and no further enforcement action is required.
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1/4 |
December 2022 |
Diplocks, Bishops Lane, Ringmer |
Storage of animal carcasses |
A complaint was received that animal carcasses were being brought back to the site and transferred into storage containers, giving rise to odour issues and ground pollution. It was also alleged that autopsies of dead animals were taking place in the open. A joint site visit was undertaken with an officer from Trading Standards and discussions held with the operator at the site. At the time of the site visit, no carcasses were found to be at the site and no evidence of unauthorised storage.
The site was monitored periodically and no breaches of planning control were identified. Further unannounced visits to monitor activities at the site have been carried out and no issues identified.
No breach of planning control and no further action is required.
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1/5 |
December 2022 |
Ministry of Metals, Former Household Waste Site, Station Road, Forest Row
This is separate to the entry in Table 2 - 2/2
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Use of the site for scrap metal storage and processing |
A complaint was received that scrap metal was being imported to the site and stored in an unsafe and unsightly manner, particularly in relation to one of the boundaries of the site. A site visit was carried out, which confirmed the unauthorised use of the site. Discussions were held with the operator, who agreed to remove the metals stored along the boundary of the site. This was subsequently done.
A planning application (WD/874/CM) to regularise the use of the site was submitted and subsequently approved under delegated powers.
The breach of planning control has therefore been resolved and no further enforcement action is required. The site will now be monitored in accordance with the Council’s Site Monitoring Policy.
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1/6 |
January 2023 |
Allsworthy, Hailsham Road, Stone Cross |
Deposit and burning of waste |
A complaint was received that waste was being imported to the site and burnt. A joint site visit with officers from Wealden District Council was undertaken and discussions held with the landowner. The landowner denied that any waste had been imported, although the site had been subject to fly-tipping in the past. The landowner confirmed that burning had taken place, but this was confined to waste arising from the site during extensive clearance of a large field area. Other waste on the site had arisen from the demolition of an outbuilding and was due to be removed.
Although a limited amount of waste materials was present at the site, given the landowner’s assertions regarding its origin, no firm evidence was apparent to support the complaint of imported waste.
The site has been monitored and following a final site inspection no further evidence of imported waste was found. The breach of planning control has therefore been resolved and no further enforcement action is required. Officers will, however, periodically visit the site.
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1/7 |
January 2023 |
Land to the south and west of Allsworthy, Hailsham Road, Stone Cross.
This is separate to the entry in Table 2 – 2/3 |
Importation, deposit and burning of waste |
A complaint was received that waste items were being imported, deposited and burnt at the site. A joint site visit with offices from Wealden District Council was carried out, which confirmed the substance of the complaint. Whilst on site, a chance meeting with the landowner was held. The landowner stated that he undertook hotel clearances and items were taken back to the site. He confirmed that burning had taken place, but had been done in error by a couple of his employees.
The landowner agreed to cease burning and importing waste, and to clear the site. A further site visit has been carried out, which noted that the site was substantially cleared and no further burning had taken place.
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1/8 |
January 2023 |
8 Grovelands, Hailsham. |
Importation, storage, bulking up and sorting of waste |
A complaint was received that the owner of the property was undertaking waste collection, bringing it back to the property and storing it in various disused vehicles/vans and also in the garage/back garden, before disposing of it elsewhere.
Several site visits were carried out and discussions held with the landowner. The planning situation was clearly set out and the landowner was advised that waste should not be brought back and stored at the property.
Monitoring of the site continued and a meeting was held with the landowner and members of his family. The situation has improved and waste is no longer taken back to the property. It is considered that the breach of planning control has been resolved and no further enforcement action is required. However, officers will periodically monitor the site to ensure the importation of waste does not resume.
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1/9 |
February 2023 |
Randall's Farm, Broomham Lane, Whitesmith. |
Importation and deposit of waste |
A complaint was received that waste materials (soils and hardcore) were being imported to and deposited at the site. An initial site visit was carried out but officers were unable to gain access. Contact was made with the landowner and a site meeting held.
During the site meeting the landowner explained that several years ago they had moved farms and some materials had arisen from that. Hardcore on site arose from digging out old building footings on the site and soil was from the erection of new farm buildings. Chalk was imported to the site for use on the floors of the cattle barns and in gateways and hardcore was also used for this purpose. Compost is imported from the nearby composting facility and this is mixed with farmyard manure and used to improve the quality of the soil.
The landowner also indicated that he wanted to import subsoil, mix it with compost and use it to raise the levels of a small area of boggy land. He has been advised to contact Wealden District Council, as the relevant planning authority, prior to undertaking any works in this area.
Nothing was observed during the site visit which suggested that unauthorised waste activities are taking place. A final site visit has been carried out and there was nothing to suggest or indicate any unauthorised waste uses. No further action is required by this Authority, as Waste Planning Authority, and any matters going forward are likely to be a matter for Wealden District Council.
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1/10 |
June 2023 |
Maresfield Household Waste Site/Waste Transfer Station, Batts Bridge Road, Maresfield. |
Breach of conditions - odour |
A complaint was received regarding excessive odours emanating from the site; however details of the complaint did not include specific dates/times of the odour. Officers contacted the operator but it was not possible to identify any particular instances which would have given rise to the complaint, although it is possible that a damaged door reported by the operator may have been a factor. Odour suppression units are also in operation.
No breach of planning control has been identified and no further complaints have been received. No further enforcement action is required and the site will be monitored in accordance with the Council’s Site Monitoring Policy.
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1/11 |
June 2023 |
Quarry Farm, Bodiam. |
Importation and deposit of waste |
A complaint was received regarding a significant number of lorries entering the site, and depositing waste materials (soils). Rother District Council visited the site and was advised by the landowner that the works were in connection with an agricultural Prior Notification issued by this Authority.
A site meeting with the landowner was held, which confirmed that the works were in compliance with the Prior Notification. The works are ongoing and officers will periodically monitor the site. However, there is no breach of planning control and no further enforcement action is required.
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1/12 |
June 2023 |
Bramley Farm, Bay Tree Lane, Polegate. |
Importation and deposit of waste |
A complaint was received regarding the importation and deposit of waste to the site.
An initial site visit was undertaken, which noted the deposit of a limited quantity of materials. A letter was sent to the landowner and a site meeting arranged. A site meeting was then held with the landowner and operator, which confirmed that the materials imported to the site are aggregates and recycled aggregates, which are stored pending their use at other sites.
The importation and storage of these materials is not considered to be a County Matter due to the materials not being “waste”. Therefore, the matter has been referred to Wealden District Council and the Environment Agency for any action they deem necessary. No further action required by this Authority, as Waste Planning Authority.
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1/13 |
June 2023 |
Oaklands Farm, Newick Lane, Heathfield. |
Importation and deposit of waste (soils) |
A complaint was received regarding waste materials being imported to the site. A site visit was carried out but officers were unable to gain access.
A further site visit has now been carried out and no breach of planning control identified for this Authority, as Waste Planning Authority, to deal with. It is understood that Wealden District Council has served an Enforcement Notice in relation to a yard and barn area.
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DATE LPA BECAME AWARE OF BREACH
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SITE ADDRESS |
NATURE OF CASE |
CURRENT POSITION |
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2/1 |
July 2023 |
Saxon Plants Nursery, Hankham Road, Hankham, Pevensey.
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Importation of materials and untidy site. |
A complaint was received regarding waste materials being stored at the site and the general appearance of the site. A site visit was carried out and discussions held with personnel at the site.
There were limited quantities of waste, most of which appeared to be site derived rather than imported. Other uses noted at the site included a pétanque court and vehicle storage area, both of which appear to have planning permission from Wealden District Council.
There is no breach of planning control for this Authority, as Waste Planning Authority, and no further action is required. However, the matter has been referred to Wealden District Council in terms of the overall condition of the site and whether any action is deemed necessary by it.
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2/2 |
July 2023 |
Ministry of Metals, Former Household Waste Site, Station Road, Forest Row.
This is separate to the entry in Table 1 - 1/5.
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Condition of fence bounding site: |
A complaint was received regarding the condition of the boundary fencing of the site adjacent to a public right of way. Contact was made with the operator, who was advised to take steps to repair or replace the fencing.
At the time of the complaint, the condition of the fence did not constitute a breach of planning control, and therefore no further action could be taken.
However, planning application WD/874/CM, which was to regularise the use of the site, has now been approved under delegated powers. A condition attached to the planning permission requires the boundary fencing to be maintained at all times in order to protect the integrity of the site and users of adjoining land/public rights of way.
A site monitoring visit will therefore be undertaken, but for the purpose of this complaint, there is no breach of planning control.
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2/3 |
August 2023 |
Land to the south and west of Allsworthy, Hailsham Road, Stone Cross.
This is separate to the entry in Table 1 - 1/7
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Importation and deposit of waste materials: |
A complaint was received that waste materials were being imported to the site. A site visit was carried out and discussions held with the landowner. A small quantity of road planings from nearby highway works had been imported to the site, for the purpose of maintaining areas of hardstanding. The materials imported were proportionate and suitable for their intended use and no breach of planning control was identified. No further enforcement action required.
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2/4 |
August 2023 |
Land off Camberlot Road, Lower Dicker, Hailsham. |
Importation and burning of waste: |
A complaint was received that waste materials were being imported to the site and burnt. A site visit was carried out and discussions held with the landowner. There was no evidence of burning or the importation of waste at the site. No breach of planning control identified and no further action required.
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DATE LPA BECAME AWARE OF BREACH
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SITE ADDRESS |
NATURE OF CASE |
CURRENT POSITION |
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3/1 |
August 2023 |
Rear of 51/52 Caves Road, St Leonards on Sea. |
Deposit of spoil. |
A complaint was received that spoil arising from a development at 51/52 Caves Road was being deposited on adjacent land, giving rise to concerns regarding the stability of the cliffs. A site visit was carried out which confirmed the substance of the complaint. Land to the rear of 52 Caves Road appears to have been excavated, and sheet piling and gabions installed. Spoil, consistent with the excavated area, was noted to have been deposited next to the site.
A letter has been sent to the landowner of the property where the works have been carried out, but no response has been received. There are complications regarding the ownership of the land where the spoil has been deposited and investigations are ongoing. In the meantime, no further spoil appears to have been deposited and officers are monitoring the site.
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3/2 |
September 2023 |
Land off Hempstead Lane, Hailsham. |
Use of land as a waste site. |
A complaint was received that waste materials (soils and hardcore) were being imported to and stored at the site. A site visit was carried out which confirmed the substance of the complaint. Contact has been made with the operator, who is currently away, and a site meeting is to be arranged on his return.
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3/3 |
September 2023 |
Land at Lunsford Cross Farm (now known as Church Stand Farm), Peartree Lane, Ninfield. |
Importation/deposit of waste, plus other issues. |
A complaint was received that waste materials were being imported to and deposited at the site, as well as the unauthorised use of the land for residential purposes and other matters. An initial site visit was carried out, which supported the nature of the complaint, but it was not possible to gain full access to the site.
Due to the nature of the site and various issues, a multi-agency site visit is in the process of being arranged.
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3/4 |
September 2023 |
Allied Waste, Unit 8 Squires Farm Industrial Estate, Palehouse Common, Framfield.
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Dust arising from site activities and excessive noise |
A complaint was received that excessive noise and dust was emanating from activities at the site, which is an authorised waste transfer station. An inspection has been undertaken and there was no evidence of a breach. However, the site will be monitored before the case is closed. |
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DATE LPA BECAME AWARE OF BREACH
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SITE ADDRESS |
NATURE OF CASE |
CURRENT POSITION |
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4/1 |
January 2020 |
Meadow Farm, Road Hill, Isfield |
Importation and deposit of waste (soils and hardcore) |
In 2018 a complaint was received alleging that lorry loads of waste materials, comprising soils and hardcore, had been imported into the site and deposited. Joint site visits were undertaken with officers from the Environment Agency and Wealden District Council, and meetings were also held with the landowner and operators. Wealden District Council invited an application, which sought to retain the deposited materials on site to be used in several engineering operations. That authority eventually decided that they could not entertain such an application and returned the application and fee to the landowner.
The matter was then referred back to the County Council to deal with as a County Matter. Officers held an initial site meeting with the landowner (February 2020). At that time the whole area was so waterlogged as to be impassable, and the removal of the materials was not feasible. Since the initial meeting, the Coronavirus Pandemic prevented further progress in this matter. However, contact was maintained with the landowner in order to progress matters.
A further meeting was then held with the landowner and an initial course of action was agreed, which was the moving of the bunds of material to outside of the crown spread of the trees. Initially there had been no progress made because of the waterlogged ground conditions and the site needed a considerable period of dry weather to improve the ground conditions to allow work to start. However, works were then commenced to remove the bunds and a subsequent site inspection noted that the landowner had moved the imported materials away from the crown spread of the affected trees.
Numerous inspections have been carried out and a meeting held with the landowner. Further works to resolve the breach of planning control were identified and agreed with the landowner, together with a timetable for their completion. Officers are monitoring the site to review progress. A further site meeting with the landowner is being scheduled to check progress with the remedial works.
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4/2 |
April 2021 |
Crockstead Farm Hotel, Halland |
Importation and deposit of waste – soils |
A complaint was received that waste materials, comprising soils, were being imported into the site and deposited. A site visit was undertaken, during which a meeting was held with the operator undertaking the works, who admitted that materials had been imported into the site to improve an existing access track and to improve the land.
At the time of the site visit, the landowner was away. A letter was sent to the landowner and a meeting was subsequently held with the site manager who explained that the materials were imported to improve the land for equestrian grazing.
The materials imported included soils, which contained a significant quantity of hardcore, metal and plastics, which would eventually work through to the finished surface of the site. This material was not considered to be suitable for its intended purpose and, after considering the situation, the County Council required the materials to be removed and the original landform to be restored. The operator/landowner was given an initial timescale for these remedial works to be undertaken.
Contact has been maintained with the landowner, who has had surveys and analysis of the materials undertaken. A planning agent has been appointed by the landowner and discussions regarding the resolution of the matter are ongoing.
Officers are due to visit the site to assess the current situation.
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4/3 |
June 2021 |
Former HT Drinks Site, Endeavour Works, Beach Road, Newhaven |
Importation and bulking up of waste tyres. |
A complaint was received that waste tyres were being imported into this site and were being bulked up. A joint site visit was undertaken with an officer from the Environment Agency, which confirmed the substance of the complaint.
A meeting and subsequent correspondence was had with the site operator and agent, and the requirement for planning permission and an environmental permit explained. The operator stated his intention to apply for planning permission and an environmental permit, and a timescale was agreed for him to submit the necessary applications.
The agreed timescale for the submission of a planning application expired without any application being submitted. Officers therefore undertook a further site visit to check the situation at the site. This confirmed that the site was continuing to be used for the unauthorised waste activity.
Further contact was made with the operator, who stated that the planning application was being prepared and would be submitted in the next few days. Following that conversation, the operator’s agent contacted the County Council to state that there would be a delay in the submission of the application as he was away from work and a further extension of time was therefore agreed.
No planning application was forthcoming, and the unauthorised activity continued. A Temporary Stop Notice was therefore served on the landowner, operator and interested parties on 12 November 2021, which ceased the waste activity on the site.
Following the service of the Temporary Stop Notice, the operator submitted a planning application (LW/860/CM) relating to the waste tyre processing on the site, including by pyrolysis, and this application is currently under consideration. However, there have been delays following the requirement for additional details relating to the proposal and the application currently has an extension of time for determination until 12 January 2024.
A site meeting with the applicant/operator has recently been held, which noted that only the storage and baling of tyres is taking place. However, the applicant has indicated further potential changes to the application and discussions are ongoing.
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4/4 |
June 2021 |
Spring Valley Farm, West Street Lane, Maynards Green |
Importation and deposit of household waste |
A complaint was received that household waste was being imported into this site in small vans by different operators and deposited.
A joint site visit was carried out with the Environment Agency, which confirmed the details contained within the complaint. A meeting was also held with the landowner, who agreed to halt any further importation into the site and to clear the site of the waste that had already been imported.
There are a number of issues relating to the site and, due to the landowner’s circumstances, multiple agencies are working with the landowner and his family to ensure that no further waste materials are imported and that the site is cleared.
Site visits and meetings with the landowner have been undertaken, which confirmed that the importation of waste into the site has ceased. Various factors have prevented any significant removal of the imported waste from the site. However, officers are maintaining contact with other agencies and the landowner, and also ensuring that the importation of waste materials to the site does not resume.
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4/5 |
November 2021 |
Hazelwood, Cansiron Lane, Cowden, Edenbridge |
Importation and deposit of waste (soils) |
A complaint was received that waste materials, comprising soils and hardcore, were being imported into the site and deposited. A site visit was undertaken, during the course of which a meeting was held with the landowner. It was noted that a significant quantity of soils and hardcore had been imported into the site. The landowner explained that some of the materials were required to build up pond banks on the site, and more material was required to landscape a steep bank on the site.
In order to try and resolve this matter, a further site meeting was arranged with the landowner, his operator and officers from the Environment Agency and Wealden District Council. The landowner agreed to submit a planning application to Wealden District Council to seek regularisation of the engineering works to the bank and he also agreed to remove the stockpile of waste materials from the site.
A final site visit is due to be carried out to ensure that any surplus material has been removed from the site as agreed.
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4/6 |
March 2022 |
Land to the rear of Sussex Oak, Oak Lane, Blackham |
Importation and deposit of waste - soils |
A complaint was received that waste materials, comprising soils, were being imported and deposited at the site. A site visit was carried out and a chance meeting with the operator and landowner held. It was identified that subsoil had been imported to the site, with the intention to level an area of land and re-plant it as an orchard and mixed leaf woodland.
Following the site visit, a formal letter was sent to the landowner and a response received. According to the landowner, since owning the property, he had spent several years clearing historic waste tipped on the site, which resulted in an area of uneven and unproductive land. The landowner’s intention was to restore this land and a small amount of topsoil was required to complete this.
A further site visit is required to ensure the works have been carried out as set out by the landowner and also that no further waste soils have been imported.
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4/7 |
June 2022 |
Skilton's Skips, AS Farm, The Warren Crowborough
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Importation and deposit of waste |
A complaint was received regarding a potential skip business being operated from the site. An initial site visit was carried out which confirmed the nature of the complaint.
Further site visits have been undertaken and discussions held with the operator, who is seeking to regularise the use. There are adjoining sites which are also being investigated, which is complicated by landownership issues and boundary disputes. A letter is due to be sent to the person understood to be the overarching landowner regarding the various issues and how he intends to proceed. In the meantime, the site is continuing to be monitored by officers and other investigations are ongoing.
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4/8 |
June 2022 |
Old Concrete Works, Tilley Lane, Boreham Street |
Deposit/burning of waste |
A complaint was received that waste materials were being imported to and burnt at the site. An initial site visit was carried out but access to the site was denied. Following discussions with the landowner, a comprehensive site inspection was arranged and undertaken. This identified a significant quantity of waste materials that appeared to have been imported to the site, although the landowner stated that some were site derived following excavations and the construction of a new barn on the site, as well as waste concrete products left at the site from its former use.
Following the site visit and meeting, a letter was sent to the landowner and a response received. The importation of any further waste materials ceased.
Due to the complexity and scale of the site, a further site meeting was held with the landowner/their representatives and additional officers from this Authority. This meeting identified specific remedial works to be undertaken to address some of the breaches of planning control. Notwithstanding this, it is likely that an Enforcement Notice will be served to secure specific works.
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4/9 |
June 2022 |
AM Skips & Plant Hire, Hazelbank, London Road, Maresfield, |
Breach of conditions – noise and site layout |
During a site monitoring visit it was noted that the layout of the site was not in accordance with the approved plans. Subsequent complaints were also received regarding excessive noise emanating from the site and its operations.
Numerous site visits were carried out and meetings held with the operator and also the Environmental Health Officer (EHO) from Wealden District Council (WDC). In respect to noise, WDC have previously served a Noise Abatement Notice on the operator and the EHO identified certain measures which could be implemented to address the noise issues, such as acoustic fencing. However, such measures require planning permission due to their scale.
The operator submitted a planning application (WD/876/CM) for the erection of three metres high boundary treatment (acoustic fencing) to the north-western boundary of the site. The application was approved under delegated powers (August 2023).
Notwithstanding the submission of a planning application to address the noise issues at the site, with regard to the remaining breaches no satisfactory progress had been made to resolve these. Consequently, a Section 330 Notice (Requisition for Information) was served on the operator as a precursor to the instigation of formal enforcement proceedings. A response to the Notice was received.
Now that the planning application in relation to the boundary fencing has been approved, a site visit is due to be carried out to determine any necessary action with regard to the remaining breaches at the site.
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4/10 |
July 2022 |
The Plantation, Ersham Road, Stone Cross |
Importation, processing and deposit of waste |
A complaint was received regarding a significant number of lorries entering the site and depositing waste materials. A joint site visit with an officer from the Environment Agency was undertaken and a chance meeting with the landowner held. It was noted that a substantial volume of waste materials, including what appeared to be trommel fines, hardcore, subsoil and timber, had been imported to the site and deposited. Processing plant was also noted to be on the site.
The landowner stated he was carrying out works associated with a Prior Notification approval he had in relation to raising the levels of land to return it to productive agricultural use. However, the scale of the works goes beyond this and the nature of some of the materials stockpiled were unsuitable for this use. The landowner was advised to cease any further works, including the importation of any further materials, pending the outcome of investigations.
Due to the scale and nature of the works, a Planning Contravention Notice was served on the landowner and a “Time and Place” meeting held, which was attended by the landowner, his solicitor, and other representatives. Since that meeting, a further, extensive site inspection was undertaken with the landowner, in addition to a later joint site meeting with officers from Wealden District Council and the landowner.
A letter was sent to the landowner further to the various site meetings and the Council’s position was set out. Since then, further discussions and site meetings have taken place and various options regarding resolving matters are being considered.
Importantly, no further waste materials have been imported to the site. Soil testing has been carried out on the imported materials in order to assess the suitability of them for use on the land and the results are currently awaited.
In the meantime, officers are monitoring the site.
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4/11 |
September 2022 |
Sussex Waste Management, Whitworth Road, St Leonards-on-Sea |
Breach of conditions (numerous) |
During a site monitoring visit, a number of breaches of the planning permission for the site (HS/817/CM) were noted. Discussions were held with the operator and the breaches pointed out. A further site meeting was held with the operator and his agent in order to agree how to resolve the breaches.
A planning application to vary conditions attached to the planning permission and attempt to regularise matters was submitted but could not be validated. A revised planning application (HS/869/CM) to vary conditions was submitted and subsequently approved under delegated powers. However, the recently approved planning application does not resolve all the breaches of planning control at the site.
A further planning application (HS/884/CM) has now been submitted and is currently under consideration. In the meantime, the site is being monitored.
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4/12 |
October 2022 |
East Lodge, Glynleigh Road, Westham |
Importation and deposit of waste |
Complaints were received regarding waste being imported to the site. A site visit was carried out, which confirmed the complaints. Contact was made with the landowner, who was advised to cease the importation of any further materials. A further site meeting was then held with the landowner, who stated that the materials had been imported in order to repair tracks and raise levels of land prone to waterlogging. Processing of some of the materials was also being undertaken to make them suitable for use.
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4/13 |
November 2022 |
Sussex Timber Products Limited, Owlsbury Depot, Hadlow Down Road, Crowborough |
Importation, processing and storage of waste |
A complaint was received that waste materials were being imported to the site, processed and stored. It was also alleged that waste was being stored in a manner to cause structural concerns and risk of slippage onto the adjoining highway. An initial site visit was carried out, which confirmed the existence of a significant quantity of waste at the site and also potentially unsafe/dangerous structures.
A further site visit was carried out and a meeting held with the operator and an officer from Wealden District Council’s Building Control. A programme of remedial works was agreed in order to make safe the unstable retaining structure. A subsequent site visit confirmed that the remedial works had been carried out.
In respect of the waste materials at the site, these have been generated from the operator’s business and are used in groundworks. However, a planning application was submitted to Wealden District Council for a new building and use on the site, which would result in the current operations and use of the site ceasing. The planning application has subsequently been approved and a final site visit is required to confirm whether the case can be closed.
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4/14 |
November 2022 |
FM Conway Ltd, North Quay Road, Newhaven |
Breach of conditions and excessive emissions |
During a site monitoring visit it was noted that the site layout was not in full accordance with the planning permission for the site (LW/840/CM) and also that details pursuant to several conditions were outstanding. Contact was made with Environmental Health Officers at Lewes District Council concerning potential breaches of the Environmental Permit in relation to emissions.
Numerous site visits and meetings have taken place. The operator has submitted details pursuant to some of the outstanding conditions and also undertaken significant works regarding emissions and breaches of the Environmental Permit.
Whilst positive progress has been made to resolve the various matters, there remain outstanding issues relating to both the planning permission and Environmental Permit. Further site meetings have been held and officers are working positively and proactively with both the operator and Lewes District Council. Noise attenuation fencing has now been installed and improvements to operating practices implemented.
Matters are ongoing and officers continue to work collaboratively with the relevant parties. The site is also being monitored as part of the Council’s Site Monitoring Policy.
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4/15 |
January 2023 |
Cherry Tree Nursery, Hawkhurst Road, Flimwell |
Importation and burning of waste |
A complaint was received that waste materials were being imported to the site and also that burning was taking place. A joint site visit with an officer from Rother District Council was undertaken but access to the site was denied. Contact was made with the occupier of the site and a further joint site visit carried out.
Discussions were held with the occupier who confirmed that he had been given notice to quit the site by the landowner. He indicated that he was having to clear/tidy up the site (after over 25 years occupation) prior to handing it back and admitted to burning materials, including plastic from the old poly tunnels. The materials imported to the site were two loads of subsoil to be used for levelling and making good the ground.
Following discussions with officers, the occupier agreed that only green/wood waste from within the site would be burnt. Officers have monitored the site to ensure no further materials are imported and a final inspection is due to be carried out to check that the site is cleared as specified by the occupier.
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4/16 |
February 2023 |
Land adjacent to reservoir, Cottage Hill, Rotherfield |
Use of land by skip business |
A complaint was received that the land was being used by a skip business and waste was being brought back to the site. A site visit was carried out and an area of land with two skips found. The land is unregistered and attempts to find the landowner have been unsuccessful. Investigations into the alleged skip company have also not produced any tangible results.
Further site visits are planned in order to monitor the use of the site and identify any persons of interest. Warning notices will be placed at the site and other avenues of investigation are also being followed.
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4/17 |
February 2023 |
Land north-east of Eridge Road, Crowborough |
Importation and deposit of waste: Landraising. |
A complaint was received that waste materials were being imported and deposited, resulting in a change to the landform. A site visit was carried out which confirmed the substance of the complaint and noted that significant quantities of materials had been imported, raising the levels of the land.
Investigations and liaison with Wealden District Council have identified a complex planning history for the site, including two planning permissions - one for a timber storage barn and storage container on the southern part; and one for the erection of a building to store wood and manufacture timber fencing products on the northern part of the site. It is, however, unclear whether these permissions allow for the alterations of the levels of the land, which would account for the imported materials, or whether the materials have been imported solely as a means of disposal.
Further investigations are being carried out and a joint inspection with officers from Wealden District Council and the Environment Agency is due to be carried out. Letters are being sent to the landowner and other interested parties in advance of a site meeting.
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4/18 |
March 2023 |
Timber Yard, Limekiln Forest Road, Eridge Green, Crowborough |
Importation, deposit and burning of waste. |
During a visit to another site in the locality, officers noticed what appeared to be the storage and burning of waste materials. The primary use of the site appears to be a timber yard, but some of the items noted on site were not consistent with that use.
There is no relevant planning history for the site and investigations are continuing. Attempts are being made to contact the landowner and a further site visit is due to be carried out.
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4/19 |
March 2023 |
Former Hunt Stables, Catsfield, Battle |
Importation and deposit of waste |
A complaint was received that waste materials (soils) were being imported and deposited at the site. A site visit was carried out and discussions held with the landowner. The landowner stated that the purpose of the materials was to create a base for a building/barn and they would be applying to Rother District Council (RDC) for permission. He advised that the matter was with his solicitor.
Following further contact with RDC, no planning application which would incorporate the materials has been submitted. Further investigations are currently taking place.
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4/20 |
March 2023 |
Greenacres, London Road, Battle |
Importation and deposit of waste |
A complaint was received regarding waste materials (soils and hardcore) being imported to the site. A site visit was carried out which confirmed the substance of the complaint. Despite attending the site, no one was present. Officers have been liaising with the Environment Agency, who also have an interest in the site.
Contact was subsequently made with the landowner and a site meeting held. The landowner confirmed that some materials had been imported, but also that a large amount of the material had originated from within the site following various building projects. The landowner stated it was their intention to improve the area of land and create a wildflower meadow.
Further investigations are continuing before deciding on the most appropriate course of action.
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4/21 |
March 2023 |
Tanyard Farm, Hooe Road, Ninfield, Battle |
Importation and deposit of waste: soils and scrap vehicles: |
A complaint was received regarding the importation of waste materials to the site, including lorries entering at night. A site visit was carried out which confirmed the substance of the complaint. Following the site visit a letter was sent to the landowner, however no response was received and a chaser was sent. Officers are liaising with officers from other agencies as well as gathering further information from other sources.
In the meantime, during a further site inspection it was noted that burning was taking place and officers observed an unattended bonfire at the site. As the landowner has failed to respond to correspondence, they will be issued with a warning letter as a likely precursor to the service of a Planning Contravention Notice.
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4/22 |
April 2023 |
Land off Norlington Lane, Ringmer |
Importation and deposit of waste |
A complaint was received regarding waste materials (hardcore) being imported to the site. A site visit was carried out which noted a significant quantity of hardcore on the site. The land is unregistered and there is no recent planning history for the site.
Following further site visits and speaking to occupiers of nearby properties, the landowner has been identified and an initial letter is to be sent to ascertain the purpose for the deposit of materials on the site.
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4/23 |
April 2023 |
Bellhurst Farm, Tilley Lane, Boreham Street, |
Importation and deposit of waste |
A complaint was received regarding waste materials being imported to the site. During an initial site visit, officers were unable to gain entry. Contact was made with the landowner and a joint site visit with an officer from the Environment Agency arranged.
During the course of the visit it was noted that a significant quantity of waste materials, comprising mostly hardcore, but including plastics and metals, had been imported to the site. The landowner stated that he has planning permission for a barn and the materials are to provide a base/foundation for that. There were various other works being undertaken, including excavations for the creation of a car parking area and the siting of storage containers for storage.
Following the site visit, further investigations have taken place. Officers from Wealden District Council have now visited the site and are pursuing action regarding changes of use and other unauthorised developments that have taken place. Officers from Wealden District Council have also confirmed that there is no planning permission for a new barn, despite the assertions of the landowner.
Officers are liaising closely with Wealden District Council, prior to any further action being taken, to ensure the appropriate authority leads on any formal enforcement action.
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4/24 |
May 2023 |
Greenmeadow Farm, Holtye Road, Hammerwood, East Grinstead |
Importation, deposit, levelling of material |
A complaint was received regarding waste materials being imported to the site. A site visit was carried out but access to the site was denied. Contact was made with the landowner and a site meeting arranged. During the site meeting, the landowner stated that the materials had been imported in association with a new access to the site and also other permissions granted by Wealden District Council.
Following the site meeting, a letter was sent to the landowner and a detailed response was received. A response to that letter has been sent to the landowner and a meeting is to be held with the landowner and Wealden District Council, due to the potential overlapping activities and their connection with the planning permissions granted by Wealden District Council.
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4/25 |
May 2023 |
Ghyll Road Industrial Estate, Heathfield |
Use of land and associated buildings by skip business |
Officers visited this site having become aware of the operator’s interest in the site. On visiting it was apparent that the site was being used for a skip hire business and the building contained a significant quantity of waste.
Discussions were held with the operator and a request for formal pre-application advice was submitted. A detailed response to the pre-application request has been provided and a planning application to regularise the use is currently awaited. In addition, officers are liaising with the Environment Agency, who also have an interest in the current unauthorised use of the site.
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4/26 |
June 2023 |
(Former) Broad Oak Primary School, Scotsford Road, Broad Oak, Heathfield |
Alleged car repair, vehicle breaking and woodwork taking place |
A complaint was received that the site was being used for vehicle repairs/breaking and also woodworking, which was causing a noise nuisance. A site visit has been carried out and although no one was present on site, it was clear the former school building and premises are being used for residential purposes.
There were several vehicles on site and some had the appearance of being repaired, but there was no evidence of any vehicle breaking/dismantling. There was some evidence of woodworking taking place in a covered outside area.
The breach of planning control is a change of use from educational to residential and discussions are currently taking place with officers in the Property team of the Business Services Department.
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4/27 |
June 2023 |
Giffords Farm, Battle Road, Dallington |
Importation and deposit of waste, creation of haul road and infilling of a pond.
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A complaint was received regarding the importation of waste for a number of purposes at the site. An initial site visit was undertaken but officers were unable to gain access.
A joint site visit with the Environment Agency was subsequently undertaken and discussions held with the landowner. Some of the works relate to a planning permission for the infilling of a lagoon and pond, and the erection of a barn, granted by Rother District Council (RDC) and the matter has been referred to RDC to check compliance.
Notwithstanding this, there was evidence of the importation of waste materials elsewhere on the site and of the creation of a large pond. A letter was sent to the landowner following the site visit but no response has been received. A warning letter is to be sent to the landowner as a precursor to the service of a Planning Contravention Notice.
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4/28 |
June 2023 |
Land at The Meadow - Rear of 4 Stream Cottages, Maynards Green Road, Horam
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Importation and deposit of waste from landscaping business. |
A complaint was received regarding the importation and deposit of waste, and storage of other items, associated to a local landscaping business.
A site visit was carried out but it was not possible to gain access to the site. A letter was sent to the person understood to be responsible for the use of the site but no response has been received. A chaser letter is due to be sent and direct contact with the landowner will also be made pending any further action.
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