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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 |
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, that planning approval did not resolve all the breaches of planning control at the site.
A further planning application (HS/884/CM) was then submitted and subsequently approved under delegated powers (April 2024).
Following the grant of planning permission, the breach of planning control has been remedied and the site will be monitored as part of the Council’s Site Monitoring Programme. No further enforcement action is required.
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1/2 |
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 no further action is required by this Authority, as Waste Planning Authority.
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1/3 |
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 numerous site visits, the site has now been cleared of the deposited materials and the breach of planning control resolved. No further enforcement action is required.
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1/4 |
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.
A planning application (WD/888/CM) was submitted and subsequently approved by the Planning Committee at its meeting on 18 September 2024.
The breach of planning control has been resolved and no further enforcement action is required. The site will be monitored as part of the Council’s Site Monitoring Policy.
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1/5 |
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 for the proposed business yard use.
Further discussions have taken place and it is considered that the development that has taken place is not a waste disposal operation and will be dealt with by Wealden District Council, along with other matters pertaining to the site.
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1/6 |
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 had been authorised at the site recently and it was unclear if that was what the complaint related to.
Following investigations, it transpired that the timber was all site derived and no waste timber had been imported or processed. No further action is required by this Authority in its capacity as Waste Planning Authority.
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1/7 |
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 had been imported to create a crossover and track, associated with a permission granted by Rother District Council. A site visit was carried out and discussions held with officers at Rother District Council.
Enforcement Notices have been served by Rother District Council in relation to the works and no further action required by this Authority in its capacity as Waste Planning Authority at this stage.
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1/8 |
March 2024 |
Land at Westfield Down, Main Road, Westfield |
Raising levels of the land with waste materials. |
Concerns were raised that an area of land to the north of a new housing development had been raised with waste materials. Following extensive discussions with the Parish Council and officers from Rother District Council, it transpired the works were in connection with a development approved by Rother District Council and subject to the provision of facilities via a S106 Agreement.
This is a matter for Rother District Council to resolve and no further action is required by this Authority, as Waste Planning Authority.
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1/9 |
March 2024 |
Hundred Acre Lane, Streat |
Waste accumulation. |
A complaint was received that quantities of waste were accumulating at the site, although no specific details of the location were provided. Despite investigations, no evidence has been found to identify a waste related breach of planning control. No further complaints have been received and no further 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 |
April 2024 |
KPS Composting, Boathouse Farm, Isfield Road, Isfield |
Complaints regarding odour emanating from the site. |
A complaint was received regarding excessive odours emanating from the site. A site inspection was carried out and discussions held with the Site Manager.
The Site Manager confirmed that quantities of material, inappropriate for composting, had unfortunately entered the site and were temporarily stockpiled pending removal. The materials were mainly organic but mixed with levels/types of other materials (largely paper) inconsistent with composting. The operator indicated that the material was not going to be passed on or sold and that no more would be taken in.
The materials are being removed and the operator has been reminded of their obligations under the terms of the Planning Permissions pertaining to the site. 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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2/2 |
April 2024 |
Milwards Estate, Lewes Road, Laughton |
Importation of waste materials (soils) |
Whilst attending a nearby site, officers observed a significant number of fully loaded lorries running into this site. Contact was made with the landowner, Wealden District Council and the Environment Agency. Following discussions and further investigations, it was identified that the importation of materials was pertaining to a consent granted by Wealden District Council.
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2/3 |
April 2024 |
Park Farm, New Road, Hellingly |
Importation and burning of trade waste. |
A complaint was received that commercial waste was being burnt at the site. A site visit was carried out and discussions held with the landowner. The site consists of light industrial units and the landowner confirmed that some burning did take place by its occupiers.
Advice was given and the landowner confirmed that the burning would cease. The breach of planning control has been resolved and no further action is required.
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2/4 |
April 2024 |
Willetts Farm, Willetts Lane, Blackham, Tunbridge Well |
Importation of soils and infilling of a lagoon. |
A complaint was received that significant quantities of waste materials were being imported to the site. A site visit was carried out which confirmed the substance of the complaint. Contact was then made with the landowner and operator, who stated that the works were in connection with a planning permission granted by Wealden District Council for the infilling of a redundant slurry lagoon and pond.
A joint site meeting with an officer from Wealden District Council (WDC) was undertaken and further discussions held with the landowner. From the site inspection, it was clear that imported materials had been spread across an area far in excess of what was permitted under the permission granted by WDC.
Due to the scale of the works, it was considered appropriate to serve a Planning Contravention Notice (PCN) on both the landowner and operator. Following the service of the PCNs, the landowner and operator attended separate “Time and Place” meetings in order to present their case as to the activities taking place. Both parties also responded to the PCNs as required.
During the course of the meetings, it was explained by the operator that the materials had been tipped and spread outside the area covered by the planning permission granted by WDC in order to provide a more blended and natural landscape appearance, rather than the very steep banks that would have been created.
A further meeting was held with WDC and it was agreed that a new planning application should be submitted to WDC to regularise the works that have gone beyond the scope of the original planning permission.
The matter is therefore being dealt with by WDC and no further action is required by this Authority in its capacity as Waste Planning Authority.
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2/5 |
April 2024 |
Hurst Barn Farm, Chiltington Lane, East Chiltington |
Importation and deposit of waste. |
A complaint was received that waste soils were being imported to the site. Officers previously dealt with a complaint of a similar nature, which found that the materials were being imported in connection with a planning permission granted by Lewes District Council. Following investigations into the current complaint, it was confirmed that the works associated with the earlier planning permission were still ongoing and the imported materials were for the purpose of that development.
No breach of planning control and no further action is required by this Authority in its capacity as Waste Planning Authority.
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2/6 |
May 2024 |
Tewitts Farm, Palehouse Common, Framfield, Uckfield |
Importation and deposit of waste (soils) |
A complaint was received that waste soils from a nearby development were being imported and deposited at the site. Prior to a site visit being carried out, it was found that planning permission for a new building at the site had been granted by Wealden District Council (WDC), which allowed for materials to be imported to “top up” an existing bund at the site, which would lie next to the new building.
An inspection was then carried out and discussions held with the contractor on site, who stated that the materials were required to raise the levels of the land in association with the permission granted by WDC. The inspection revealed that the imported materials had been spread across the land raising it, in places, by at least a metre, none of which appeared to be part of the plans accompanying the planning permission. Following the site visit, a letter was sent to the landowner, who also confirmed that the raising of the levels of the land was to accommodate the new building.
Discussion were held with WDC, who then invited the landowner to submit revised plans showing the change in levels to the land. These amendments were subsequently approved by WDC.
There is no breach of planning control for this Authority, as Waste Planning Authority, and no further enforcement action is required.
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2/7 |
May 2024 |
152 London Road, Hailsham |
Importation and storage of scrap metal, as well as disused vehicles. |
A complaint was received that scrap metal and disused vehicles were being stored at the site. An initial inspection was carried out but no evidence to support the complaint was found. A further site visit was carried out and a meeting held with the landowner. No evidence was found of a breach of planning control and no further action is required.
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2/8 |
May 2024 |
Woods Corner Garage, Battle Road, Woods Corner, Dallington |
Storage of end of life vehicles, dismantling of vehicles and use as a scrapyard. |
A complaint was received that the site was being used as a scrap yard. A site visit was carried out and discussions held with the owner. A number of vehicles were stored at the site, some of which appear in working order. The owner confirmed that some vehicles were stored for clients and others were used for parts in the course of his garage business. The site was not being used as a scrap yard.
No breach of planning control and no further action is required.
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2/9 |
June 2024 |
Bourne Farm, Coldharbour Road, Upper Dicker, Hailsham |
Importation, deposit and burning of commercial waste. |
A complaint was received that commercial waste was being imported to the site and burnt. A site visit was carried out with an Environment Health Officer from Wealden District Council and discussions held with the landowner. There was no evidence of commercial waste being burnt, but the landowner did confirm that they occasionally burned items from within their holding. Advice was given as to what can and cannot be burned.
No breach of planning control and no further action is required. However, the site will be periodically monitored.
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2/10 |
July 2024 |
73 Summerheath Road, Hailsham |
Importation, deposit and storage of trade waste at a residential property. |
A complaint was received that the occupier of the property was bringing back waste from his fencing business and storing it in the front and rear garden. A site visit was carried out which confirmed the substance of the complaint. No one was present at the property and a further site visit was carried out and a meeting held with the occupier, who stated that due to a vehicle breakdown he had needed to temporarily store the waste at his property. He was advised of the planning requirements and that this use would not be supported.
The site has now been cleared of waste and the breach of planning control resolved. No further enforcement action is required.
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2/11 |
July 2024 |
Gotwick Wood Farm, Holtye Road, East Grinstead |
Importation and deposit of waste. |
A complaint was received that waste materials (soils and hardcore) were being imported to the site. A site visit was carried out and discussions held with the landowner, who stated that the imported materials were in connection with landscaping proposals pursuant to a planning permission granted by Wealden District Council (WDC).
There is no evidence to suggest this is a waste disposal operation and the matter has been referred to WDC to check compliance with the planning permission granted by them.
No further action is required by this Authority in its capacity as Waste Planning Authority.
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2/12 |
July 2024 |
42 The Belfry. Hailsham |
Alleged scrap/waste business from a residential property. |
A complaint was received that a scrap/waste operation was taking place at the property. A site visit was carried out which identified a small amount of scrap metal on the front driveway. No one was present. Subsequently the landowner contacted officers and a further site inspection was carried out and a meeting held. The planning situation was explained to the landowner and advice given regarding removing the items.
Further unannounced inspections have not identified a breach of planning control and no further action is required.
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2/13 |
July 2024 |
New Lodge Farm, Nettlesworth Lane, Vines Cross, Horam |
Importation, deposit, burning and burying of waste. |
A complaint was received that, amongst other things, waste was being imported to the site and burning was taking place. A site visit was carried out and a meeting held with the landowner, who confirmed that he imported old timber products to the site for his own use. There was no commercial element to it.
No waste related breaches of planning control were identified and no further is required by this Authority in its capacity as Waste Planning Authority. Other alleged breaches of planning control at the site are a matter for Wealden District Council.
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2/14 |
July 2024 |
Pyrite, The Coal Yard, Swan Barn Road, Hailsham |
Burning of tyres. |
A complaint was received that tyres were being burnt at the wite. Site inspections were carried out and with burning being witnessed by Officers Strong words of advice were given to the operator, stressing that burning was not permitted at the site. Several further unannounced visits were carried out, but no burning witnessed.
Breach of planning control resolved and no further enforcement action is required at this stage. However, the site is being monitored going forward
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2/15 |
August 2024 |
Morgans Farm, Cowbeech Road, Rushlake Green, Heathfield |
Importation and deposit of waste. |
A complaint was received that waste materials were being imported to and deposited at the site. A site visit was carried out and discussions held with the landowner. Materials have been imported to the site and are being used in connection with repairs to tracks and permissions granted by Wealden District Council (WDC), which include the erection of various agricultural buildings. Tree felling has taken place which is being dealt with by the Forestry Commissions and it is also believed there has been a pollution incident relating to a slurry lagoon.
Officers have liaised with the Environment Agency in terms of the waste materials imported. A breach in terms of waste related matters has not been detected and no further action is required by this Authority in its capacity as Waste Planning Authority at this stage. However, officers will continue to liaise with other agencies and keep a watching brief in case matters change.
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2/16 |
September 2024 |
Land at East Quay adjacent to Brett Aggregates Limited, Fishers Wharf, East Quay, Newhaven Port, Newhaven |
Dust arising from aggregate storage and processing on land outside area approved by Planning Permission LW/799/CM/EIA. |
A complaint was received that dust from stockpiles was escaping from the site an impacting on local residents and also that processing of materials was taking place. A site visit was carried out and a meeting held with the Site Manager and Regional Manager. Processing has been taking place but this is for a temporary period and being done under permitted development rights.
During discussions, concerns were raised regarding fugitive dust and emissions. Words of advice were given and the operator has agreed to put in additional measures to minimise dust.
No breach of planning control identified and no further enforcement action is required. The site will be monitored in accordance with the Council’s Site Monitoring Policy and any other ad hoc inspections as considered necessary.
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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 |
April 2024 |
8 Grovelands, Hailsham |
Importation, storage, bulking up and sorting of waste. |
Following previous alleged breaches of planning control at this property, periodic monitoring had been taking place, although no breaches of planning control identified. However, a further complaint has now been received that the owner of the property is again bringing waste back to the site, sorting and storing it, before disposing of it elsewhere.
Monitoring of the site and activities has been undertaken, as well as investigations of various sources of information pertaining to activities at the site. Several other lines of inquiry are also being followed, as well as close liaison with other regulatory bodies.
Discussions have been held with the landowner and the planning situation set out to him. It has been made clear that waste should not be brought back, sorted and stored at the property.
Officers are continuing to monitor the site and activities of the owner to identify whether there is sufficient evidence to demonstrate a breach of planning control and that enforcement action can be taken.
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3/2 |
April 2024 |
Messens Farm, Potmans Lane, Bexhill on Sea |
Importation and deposit of waste. |
A complaint was received that waste materials (soil and hardcore) were being imported and deposited at the site. A site visit was carried out and discussions held with the landowner, who stated that the materials had been imported to level some undulating land.
Discussions have taken place with officers from Wealden District Council as to whether the works were in connection with a planning permission granted by them for an equestrian sand school. Their view is that the works are outside that permission.
The landowner has been advised to undertake some immediate remedial works and also that planning permission is likely to be required if the materials are to be retained. The matter is ongoing and officers will be pursuing the landowner further.
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3/3 |
May 2024 |
The Old Barn, Rye Harbour Road, Rye |
Unauthorised waste transfer station. |
This matter was referred by Rother District Council. Complaints had been received regarding a number of issues at the site, including the importation and storage of waste, unauthorised scaffolding business and unauthorised residential use.
A site visit was carried out and an unplanned meeting held with a person associated with land, but who was not the landowner. It was noted during the site visit that a large amount of waste was stored at the site, including a significant amount of asbestos.
Contact has been made with the landowner, who has been advised that no further waste should be imported and that the site must be cleared of all waste. The landowner claimed that he was not responsible and much of the material had been fly tipped.
The site is being closely monitored and warning signs have been erected stating the site being monitored for unauthorised activities.
There are a number of factors that need to be taken into account and officers are liaising closely with other agencies and looking at an appropriate way forward.
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3/4 |
July 2024 |
Rose Bank Farm, Pick Hill, Horam, Heathfield |
Importation and storage of waste. |
Information from another case suggested that this site was being used for the storage of waste materials. An initial site visit was carried out, but no evidence found of the location of the waste materials. Further investigations have been carried out and another site visit is due to take place.
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3/5 |
August 2024 |
Land under Flyover, North Quay Road, Newhaven
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Unauthorised waste transfer station. |
A complaint was received that this site was being used as a waste transfer station. A warning was issued to the operator and correspondence entered into. A site meeting is in the process of being arranged.
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3/6 |
August 2024 |
187 London Road, Hailsham |
Alleged importation of waste and scrap metal - breach of extant Enforcement Notice. |
There is an extant Enforcement Notice for this site prohibiting scrap metal and other waste related activities. Officers periodically monitor the site to ensure continued compliance with the Notice and until recently no breaches of that Notice were found. However, complaints are being received that waste related activities were again taking place at the property.
Several site visits have since been carried out and beaches of the Enforcement Notice identified. Warning notices have been issued and a letter sent to the landowner setting out a timescale for the clearance of the site.
Due to a number of other matters that go beyond the remit of the Enforcement Notice, a multiple agency meeting is required.
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3/7 |
August 2024 |
Suez Waste Transfer Station, Potts Marsh Industrial Estate, Westham |
Breach of conditions - odour/nature of waste and vehicle movements/routeing |
A complaint was received regarding odours emanating from the site, the nature of waste imported and the routeing of HGVs through villages. Discussion were held with the operator and a site meeting has been arranged.
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3/8 |
September 2024 |
The Oast, Birchetts Green Lane, Wadhurst |
Deposit of waste - building material/rubble/clay.
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A complaint was received that waste materials were being imported to the site and the land raised, causing damage to adjoining land/fencing. Discussions have taken place with Rother District Council and a joint site visit is being arranged. |
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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 and other officers is to be arranged 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 was appointed by the landowner, and a planning application (WD/891/CM) to regularise the breach of planning control has been submitted and is currently being reviewed.
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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 was sent to the landowner following that meeting, but no response received.
The case is now being reviewed to consider what further action should be taken. 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 subsequently 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 has now been served on the landowners. No appeal was made against the Notice and it took effect on 24 May 2024. The Notice prevents the importation of further materials and identifies specific remedial works to be carried out. Due to the scale of the measures to be carried out, a period of 18 months for compliance has been given, which means the Notice must be complied with in terms of the works by 24 November 2025.
Officers are maintaining regular contact with the representatives of the landowners and will be undertaking regular site visits to monitor progress.
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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 was carried out, which confirmed that the acoustic fencing had been installed. Despite the installation of the fencing, complaints have continued to be received and the overall site layout remains in breach of the approved plans for the site.
Due to complexities and in order to ascertain further information in respect of activities at the site and the site layout, a Planning Contravention Notice (PCN) was served on the operator. A response to the PCN has been received and is currently being reviewed.
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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 took 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 were not suitable for use on the land. Extensive further testing has since been carried out and arrangements made for the waste materials to be removed from the site to an authorised place of disposal.
Significant quantities of materials have been removed from the site and contact is being maintained with representatives of the landowner. A further site inspection is due to take place shortly.
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4/11 |
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 to authorised sites for disposal and a final site visit is due to be carried out to ensure the site has been cleared.
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4/12 |
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 took place. The operator submitted details pursuant to the outstanding conditions and also undertook significant works regarding emissions and breaches of the Environmental Permit. Noise attenuation fencing was also 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 have worked positively and proactively with both the operator and Lewes District Council.
A planning application (LW/886/CM) was submitted in relation to increasing the height of the stack and approved by the Planning Committee at its meeting on 14 August 2024. The planning permission has not yet been implemented.
Matters are ongoing and officers continue to work collaboratively with the relevant parties. A further planning application to regularise the layout of the site is expected to be submitted in due course, but the operator has indicated that, following the Planning Committee meeting in August 2024 and comments made, they propose to undertake some community engagement prior to the submission of the application.
In the meantime, the site is continuing to be monitored.
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4/13 |
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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4/14 |
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 have been carried out and an extensive site inspection undertaken with Wealden District Council. A number of apparent breaches of planning control have been identified and contact made with the Environment Agency.
Investigations are ongoing and a coordinated approach to relevant action is being reviewed.
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4/15 |
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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4/16 |
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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4/17 |
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 liaised with the Environment Agency, who also had 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.
Draft documents to accompany the planning application have been submitted and a site meeting has been arranged with the landowner and their representatives to discuss any further requirements. This meeting is scheduled for mid-October. In the meantime, officers continue to be in regular contact with the landowner.
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4/18 |
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 also liaised with officers from other agencies as well as gathered further information from other sources.
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 were issued with a warning letter and a Planning Contravention Notice (PCN) was subsequently served on them.
The PCN was served by both first class post and Signed for Delivery. However, the “signed for” PCNs were returned as undelivered. It is therefore proposed to deliver warning letters/PCNs in person.
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4/19 |
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 had planning permission for a barn and the materials were 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 took place. Officers from Wealden District Council visited the site and are pursuing action regarding changes of use and other unauthorised developments that have taken place. Officers from Wealden District Council 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. A further site inspection is due to take place shortly.
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4/20 |
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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4/21 |
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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4/22 |
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 (PCN) was therefore served on the landowner in January 2024. The landowner failed, despite numerous reminders, to respond to the Planning Contravention Notice, which is an offence.
As a result of the landowner’s failure to respond to the PCN a prosecution was brought against him. The case was heard at Hastings Magistrates’ Court on 18 July 2024, where the landowner pleaded guilty to the offence of failing to respond to the PCN. He was ordered to pay a total of £1,291.50, consisting of £700 fine; £311.50 costs and £280 Victim Surcharge.
Following the successful prosecution, a further letter was sent to the landowner advising him that a response to the PCN was still required and it was an ongoing offence to fail to do so. Despite this, the landowner has chosen to still not respond to the PCN. He has subsequently been summonsed once again to appear before Hastings Magistrates’ Court.
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4/23 |
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.
Further to officers maintaining contact with the operator and undertaking additional monitoring visits, the operator has now indicated that a planning application will be submitted to regularise the use of the site. A deadline has been set for the submission of an application and officers are monitoring the situation. In the event that an application is not submitted within the agreed timescale, a decision will be taken on whether enforcement action should be taken.
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4/24 |
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 was subsequently carried out which identified a number of issues for the various regulatory bodies to deal with. Following the site visit, the landowner made contact with officers and a further site visit and meeting with the landowner was arranged.
During this further site meeting, various matters were identified, ranging from residential uses, keeping of livestock and the importation of waste materials. Further investigations are ongoing.
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4/25 |
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 was agreed and have been undertaken. A final inspection is required to ensure the works have been carried out as agreed.
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4/26 |
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 initial site visit, a letter was sent to the landowner, who has subsequently appointed an agent. There have been several further site meetings and correspondence with the agent and their ecological consultants and a planning application to regularise the use of the imported materials was expected to be submitted. However, a planning application has not been submitted and the matter is being pursued further with a view to taking formal enforcement action.
The Environment Agency are also investigating matters relevant to them.
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4/27 |
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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4/28 |
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 was carried out.
A warning letter to the landowners was sent and a subsequent joint site meeting held with Wealden District Council and the landowners. A significant quantity of farm detritus was present on site and the landowners advised that much of this had either come from their previous farm or had been inherited from the previous landowner. Scrap metal from the site is being taken to a local scrap yard.
The site is gradually being cleared and will be monitored to ensure continued progress.
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4/29 |
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.
Further site visits have been carried out and it has not been possible to identify a breach of planning control. However, attempts are being made to contact the landowner.
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