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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 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 was sent to the landowner of the property where the spoil had originated from, but no response was received. There are complications regarding the ownership of the land where the spoil had been deposited as the land is ‘Disclaimed Land’ and falls to the remit of the Crown Estate. A letter was sent to the Crown Estate and a response received indicating that no action would be taken.
The site has been monitored and no further spoil has been deposited. Contact was made with Hastings Borough Council, who have subsequently advised that the work carried out to the rear of 52 Caves Road, whilst unauthorised, assists with the cliff stability and they are not requiring its removal.
No further action is required by this Authority.
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1/2 |
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 initial inspection was undertaken and there was no evidence of a breach.
Further site monitoring has taken place and no breaches of planning control identified. No further enforcement action is required and the site will continue to be monitored as part of the Council’s Site Monitoring Policy.
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1/3 |
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.
The occupier has now left the site and the breach of planning control has been resolved. No further enforcement action is required.
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1/4 |
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 with a local landscaping business.
A site visit was carried out but it was not possible to gain full access to the site. A letter was sent to the person understood to be responsible for the use of the site (not the landowner) but no response was received.
A further site visit was carried out, which confirmed that no further waste had been imported. Discussions were held with the occupiers of a nearby property and a subsequent conversation with the landowner confirmed that matters had been resolved. The breach of planning control has been resolved and no further enforcement action is 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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2/1 |
October 2024 |
31 Badlesmere Road, Eastbourne |
Transfer and bulking up of waste.
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A complaint was received that a skip was being used for commercial purposes at a residential property. A site visit was carried out which noted the presence of a skip, but also that building works were taking place at the property.
Further site visits have been carried out and the building works have been completed and the skip removed.
No breach of planning control identified and no further action is required.
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2/2 |
October 2023 |
Land to the north of Buxted High Street (off Station Road), Buxted |
Unauthorised waste transfer station/burning of waste |
A complaint was received that waste materials were being imported and burning was taking place, as well as the site being used for residential purposes, which does not have the benefit planning permission (this latter point would be for Wealden District Council to consider).
Following investigations and discussions with relevant parties it transpired that the land had been purchased by a third party. The new landowner attended the County Court to obtain a possession order to remove the trespassers from the site. However, the occupiers of the site have put in a counter claim for adverse possession and the matter is unresolved.
In planning enforcement terms, any action would be taken against the owner of the land or anyone with a legal interest in the land. Whilst the ownership is in question, there is no action that this Authority, as Waste Planning Authority, can take. However, the matter has been referred to both the Environment Agency and Environmental Health, who have the power to take action against the occupiers of the land and/or anyone responsible for unauthorised waste activities.
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2/3 |
December 2023 |
187 London Road, Hailsham |
Unauthorised waste related activities. Possible breach of extant Enforcement Notice |
A complaint was received that waste related activities, including by a skip company, were taking place at the property. There is also an extant Enforcement Notice for the site prohibiting scrap metal and other waste related activities.
A site visit was carried out but no evidence found to substantiate the complaint. No breach of planning control has been identified and no further enforcement action is required. The site will, however, be monitored periodically to ensure there are no breaches of the Enforcement Notice.
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2/4 |
January 2024 |
Corner of Dursley Road and Ashcombe Road, Eastbourne |
Waste transfer associated with caged flatbed vehicle |
A complaint was received that waste was being stored on a vehicle parked on the street and that another vehicle transports waste to the parked vehicle. Once full, the vehicle is removed and replaced with another one.
A site visit was carried out and a caged flatbed vehicle containing some waste was observed. There was no evidence that waste was being stored other than on the vehicle. Checks were made which confirmed the vehicle was taxed and had a current MOT.
No breach of planning control was identified and there is no action for this Authority to take. However, the matter has been raised with other regulatory bodies who may be able to take any necessary action.
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2/5 |
January 2024 |
Ministry of Metals, Station Road, Forest Row, |
Site in breach of Planning Permission WD/874/CM |
During a site monitoring visit it was noted that end of life vehicles were being stored at the site and the site was not being used in accordance with its planning permission.
A letter was sent to the operator and the site has since been cleared. The breach of planning control has been resolved and the site will continue to be monitored in accordance with the Council’s Site Monitoring Policy.
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2/6 |
February 2024 |
Lyes Farm, North Street, Hellingly |
Burning of plastic waste
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A complaint was received that a company was using the site for storage and that the burning of plastic waste was taking place. Prior to undertaking a site visit, an Officer from the Environment Agency visited the site and spoke to the person responsible for the burning.
The burning has subsequently ceased and there is no breach of planning control and no further action is required by this Authority.
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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 |
December 2023 |
Land adjacent to Upper Crabb Cottage, Wellbrook Hill, Five Ashes, Mayfield |
Importation and deposit of waste. |
A complaint was received that a significant quantity of waste materials (soils) had been imported to the site and also that burning takes place.
A joint site visit was caried out with an officer from Wealden District Council, which confirmed that materials had been imported, as well as other uses going on at the site.
A site meeting was held with the landowner who stated that the soil had been imported for landscaping purposes and for alterations to an existing pond. He also indicated that he would be applying to Wealden District Council for a business yard at the site. During discussions it was suggested that the landscaping works could be incorporated into one planning application with the proposed business yard use.
Further discussions are taking place as to the most appropriate way to progress matters. In the meantime, no further materials have been imported to the site.
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3/2 |
December 2023 |
Malling Farm, Down Street, Piltdown, |
Importation and deposit of waste soils. |
A complaint was received that waste materials (soils) were being imported to the site. A site visit was carried out and lorries entering/leaving the site were observed. Discussions were held with the landowner, who agreed to cease the importation of any further materials.
A further site meeting was held with the landowner, who explained that the soil had been imported to improve and extend an existing track and also to raise/level a boggy area. The materials used were clean soils. A programme of remedial works has been agreed and the site is being monitored to ensure compliance.
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3/3 |
January 2024 |
Bowen Park Farm, Park Lane, Laughton, |
Importation and deposit of waste |
A complaint was received that waste materials were being imported to the site. A joint site visit with officers from Wealden District Council was carried out, which confirmed the substance of the complaint. During the course of the site visit, discussions were held with the landowner who stated that the materials had been imported in connection with landscaping works related to the conversion of farm buildings, which had the benefit of planning permission. The officer from Wealden District Council advised that the extent of the land covered by the planning permission for the conversion did not extend to the area where the materials had been deposited.
Following the site visit, a letter was sent to the landowner, who has subsequently appointed an agent to deal with the potential submission of a planning application to regularise the use of the imported materials. The matter is ongoing.
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3/4 |
February 2024 |
Oaklands Farm, Newick Lane, Heathfield, |
Importation and deposit of waste |
A complaint was received that waste materials were being imported and spread on the land. A joint site visit with an officer from Wealden District Council was carried out and a meeting held with the landowner and their planning agent. There was evidence of imported materials and the landowner stated these were for works around the farm.
It transpires there is an extant Enforcement Notice on the site (served by Wealden District Council) which relates to the unauthorised use as a ground workers commercial storage yard and depot. The Enforcement Notice requires this use to cease and also for plant, machinery, vehicles to be removed. It also requires rubbish, rubble and debris to be removed.
As the Enforcement Notice requires the removal of waste materials, it is considered that this Authority should wait for compliance with the Notice and then assess if there are further steps that need to be taken to resolve any other breaches of planning control.
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3/5 |
February 2024 |
Land off Tower Street, Heathfield, |
Importation and processing of waste timber |
A complaint was received that waste timber was being imported and processed at the site. Significant tree works have been authorised at the site recently and it is unclear if this is what the complaint relates to.
A joint site visit with officers from Wealden District Council is to be carried out and access to the site is being arranged.
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3/6 |
February 2024 |
Magreed Farm, Magreed Lane, Broad Oak, Heathfield
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Importation and deposit of waste. General site condition. |
A complaint was received about waste materials being imported to the site and deposited. Due to the history of the site, a joint site visit with officers from Wealden District Council is currently being arranged.
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3/7 |
March 2024 |
Land adjacent to Star House, Down Street, Piltdown
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Deposition of soil and storage of scrap cars. |
A complaint was received that waste soil was being imported to the site, scrap vehicles stored and vegetation was being allowed to encroach onto the highway. A site visit was carried out, and whilst it wasn’t possible to gain access to the site, from the adjoining road it was possible to see piles of soil within the site as well as several vehicles. There was no evidence of vegetation encroaching onto the highway.
Details of the landowner have been obtained and a letter is due to be sent to them.
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3/8 |
March 2024 |
Hundred Acre Lane, Streat |
Waste accumulation |
A complaint was received that quantities of waste were accumulating at the site. A site visit is due to be carried out. |
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3/9 |
March 2024 |
Land at Westfield Down, Main Road, Westfield |
Raising levels of the land with waste materials. |
Concerns have been raised that an area of land to the north of a new housing development has been raised with waste materials. A site visit is due to be carried out. |
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3/10 |
March 2024 |
Old Coghurst Farm, Rock Lane, Guestling |
Importation and deposit of waste (Related PP - RR/2024/200/P) |
A complaint was received that waste materials have been imported to create a crossover and track, associated with a permission granted by Rother District Council. A site visit is due to be carried out. |
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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.
A planning agent has been appointed by the landowner, who has recently been in contact with officers regarding the submission of a planning application to regularise the breach of planning control.
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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. 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. However, due to proposed changes to the planning application, it was withdrawn in January 2024. The operator has now engaged a new agent and intends to submit a revised planning application within the next few months.
In the meantime, the site is continuing to be monitored and only the storage and baling of tyres is taking place which, whilst unauthorised, is not presently causing any apparent harm.
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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 were then undertaken and discussions held with the operator.
There are adjoining sites which have also been investigated; matters have been complicated by landownership issues and boundary disputes. A letter was sent to the person understood to be the overarching landowner regarding the various issues. A further site meeting was held with the landowner in January 2024, which identified various options to regularise matters. A further letter has since been sent to the landowner following that meeting and a response is awaited.
In the meantime, the site is continuing to be monitored by officers.
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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.
An Enforcement Notice is in the process of being prepared to be served on the landowners, which will prevent the importation of further materials and secure specific works to be carried out. Officers are maintaining regular contact with the representatives of the landowners.
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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 of 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) and the fencing had to be installed within six months of the date of the decision (February 2024).
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.
A further site inspection has been carried out, which confirmed that the acoustic fencing had been installed. However, the overall site layout remains in breach of the approved plans for the site and further action is now being considered in order to bring the site back into compliance with its planning permission.
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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 considered.
No further waste materials have been imported to the site. Soil testing was carried out on the imported materials in order to assess the suitability of them for use on the land. The results identified that the materials are not suitable for use on the land. Extensive further testing has been carried out and arrangements are being made for the waste materials to be removed from the site to an authorised place of disposal.
Officers are continuing to regularly monitor the site and contact is being maintained with representatives of the landowner.
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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) was 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.
The stockpiles of materials have subsequently been removed and a final site visit is due to be carried out to ensure the site has been cleared.
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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. Noise attenuation fencing has also been installed and improvements to operating practices implemented.
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.
A planning application (LW/886/CM) has been submitted in relation to increasing the height of the stack and is currently under consideration.
Matters are ongoing and officers continue to work collaboratively with the relevant parties and a further planning application to regularise the layout of the site is expected to be submitted.
The site is also continuing to be monitored as part of the Council’s Site Monitoring Policy.
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4/15 |
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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4/16 |
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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4/17 |
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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4/18 |
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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4/19 |
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, however 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.
A further site meeting was held with the landowner, their representative and various officers from this Authority, including an Ecologist and Landscape officer. Various options to resolve the matter have been discussed and a programme of works has been agreed. The landowner is intending to submit a planning application to regularise matters and this is currently being prepared.
In the meantime, officers are in regular contact with the landowner.
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4/20 |
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 have been issued with a warning letter and a Planning Contravention Notice will now be served on them.
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4/21 |
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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4/22 |
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.
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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4/23 |
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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4/24 |
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 pre-application advice response was provided and a planning application to regularise the use is currently awaited.
Officers are continuing to monitor the site and also liaise with the Environment Agency, who also have an interest in the current unauthorised use of the site.
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4/25 |
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, with a view to a planning application being submitted to regularise the temporary change of use.
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4/26 |
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 was received. A warning letter regarding the lack of response was sent to the landowner, but still no response was received.
A Planning Contravention Notice was therefore served on the landowner in January 2024. Unfortunately, the landowner has not responded to the Planning Contravention Notice, which is an offence, and a final reminder is being sent to the landowner prior to the instigation of prosecution proceedings in relation to his failure to respond.
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4/27 |
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 was made with the operator and a site meeting held.
Initially the operator indicated he would submit a planning application to regularise the use of the site. However, following discussions with the Environment Agency, the operator has decided not to pursue this and is looking for an alternative site.
Officers are maintaining contact with the operator and seeking cessation of the use and clearance of the site.
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4/28 |
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.
A multi-agency site visit has subsequently been carried out which identified a number of issues for the various regulatory bodies to deal with. Following the site visit, the landowner has made contact with officers and a further site visit and meeting with the landowner is being arranged. |