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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 |
March 2023
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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.
No further materials have been imported to the site and as the already imported materials relate to a matter being dealt with by Rother District Council, no further action is required by this Authority in its capacity as Waste Planning Authority.
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1/2 |
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 received. The works carried out relate to planning permissions granted by Wealden District Council. At this stage therefore, there is no further action required by the County Council as Waste Planning Authority.
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1/3 |
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 was a change of use from educational to residential and discussions took place with officers in the ESCC Property team in order to seek to resolve matters. The Property Team have subsequently confirmed that the former school building is no longer being occupied for residential purposes and therefore the breach of planning control is resolved.
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1/4 |
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 were carried out and a site meeting held with the landowners.
There was no evidence to suggest that any waste related activities in breach of planning control were taking place at the site. No further action is required.
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1/5 |
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 exchanged. A site meeting was held with the operator, who decided not to pursue a waste use at the site. Breach of planning control resolved and no further enforcement action required. |
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1/6 |
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. Discussions were held with the operator and a site meeting carried out.
No breaches of the site’s planning permission were observed and no further action was required.
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1/7 |
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. A joint inspection with an officer from Rother District Council was carried out, which confirmed the substance of the complaint.
Following discussions with personnel on site, it was ascertained that the materials deposited in the field had originated from works taking place at the landowner’s property on the other side of the lane. A letter was sent to the landowner advising of the breach of planning control and that the materials should be removed and the field restored to its former condition.
The site has subsequently been cleared and the breach of planning control resolved. 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 |
October 2024 |
15 The Holt, Hailsham |
Importation, deposit, sorting and burning of waste. |
A complaint was received that waste was being brought back to the property, sorted and then burnt. A site visit was carried out which indicated that some waste materials were present at the site. Wealden District Council, as the landowner, was contacted. Further site inspections confirmed that waste had stopped being dealt with at the property.
Breach of planning resolved and no further action required.
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2/2 |
November 2024
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Rear of The Old Farmhouse, High Street, Pevensey |
Importation and deposit of building waste. |
A complaint was received that building waste was being imported and deposited at the site. A site visit was carried out which confirmed the substance of the complaint. A significant quantity of bagged builder’s waste was noted to be present at the site.
Contact was made with the landowner and the breach of planning control set out. Following discussions with the landowner, the waste has been removed from the site and the breach resolved. No further action is required.
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2/3 |
November 2024
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Rideout Agricultural Ltd, Dunly Wood, Mayfield Road, Cross in Hand, Heathfield |
Tipping from road sweepers and grab lorries (potential breach of extant Enforcement Notice). |
A complaint was received that waste materials were being imported, deposited and processed at the site, in breach of an extant Enforcement Notice. A site visit was carried out, which indicated that waste materials, in the form of road sweepings, had indeed been imported and deposited at the site.
Discussions with the operator were held and a subsequent site meeting undertaken. It was noted that the volume of materials had decreased considerably, and the remainder were to be removed.
The operator advised that new equipment was being imminently purchased to be brought to the site and used in connection with a planning permission granted on appeal in relation to the use of the site. That new equipment would enable the processing of road sweeper slurry into reuseable products thereby ensuring no repeat of the issues going forward.
In light of the investigations and current planning permission for the site, it is not considered that there is a breach of the extant Enforcement Notice. No further action is required by this Authority in its capacity as Waste Planning Authority. The site will, however, periodically be monitored to ensure continued compliance with the Enforcement Notice.
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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 |
October 2024 |
Pyrite, The Coal Yard, Swan Barn Road, Hailsham. |
Burning of tyres. |
A complaint was received that tyres were being burnt at the site and photographic evidence supported this. The site has planning permission (WD/831/CM) for tyre recycling and crumb/bale production. However, no burning of waste/tyres is permitted.
An initial site visit was carried out, which identified evidence of the burning of tyres. Following correspondence, warnings and discussions with the operator, the burning of tyres ceased.
On a follow up monitoring visit to check that no further burning was taking place, it was noticed that a tyre changing business was operating at the site. This is in breach of the planning permission and unauthorised. Contact was once again made with the operator, and a planning application is expected to be made to regularise the additional use taking place at the site.
In the meantime, the site will be monitored periodically to ensure that the burning of tyres does not resume.
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3/2 |
October 2024 |
South Hartfield House, Colemans Hatch, Hartfield |
Excavation and deposit of soils. |
A complaint was received that excavations were taking place and the excavated soil was being deposited on the boundary of the property. Following investigations, it has not been possible to ascertain whether the works have the benefit of planning permission from Wealden District Council.
Further investigations have been carried out and a detailed site inspection with the landowner is to be undertaken.
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3/3 |
October 2024 |
Morgans Farm, Cowbeech Road, Rushlake Green, Heathfield |
Importation and deposit of waste. |
A complaint was received that waste materials were being imported to the site and deposited on the land. The complaint included that run-off from the site had caused a pollution incident further downstream.
Various consents have been granted by Wealden District Council (WDC) in relation to agricultural barns/tracks/works. A joint site inspection with officers from the Environment Agency, the operator and landowner was carried out. The landowner advised that a track which had been laid adjacent to some Ancient Woodland was due to be removed following a requirement from WDC. Other remedial works required by WDC are also to be undertaken.
Proposals for a new track and farmyard manure storage area are currently being considered by WDC.
Investigations into whether there are any breaches of planning control relevant to this Authority, as Waste Planning Authority, are ongoing.
The alleged pollution incident is being dealt with by the Environment Agency and officers are continuing to maintain contact both with them and other parties affected by the incident.
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3/4 |
November 2024 |
Hole Farm, Westfield Lane, Westfield |
Breach of Conditions attached to planning permission RR/724/CM (Site layout, height of stockpiles and plant/machinery).
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During a monitoring visit, it was noted that there were significant breaches of the planning permission for the site, including site layout, heights of stockpiled materials and additional machinery.
Following a meeting with the operator, remedial works were specified to address both planning breaches and safety concerns. The site is being monitored to ensure compliance. Enforcement action is very much an option.
In the meantime, the operator has submitted a planning application (RR/899/CM) to regularise aspects of the layout and use of the site.
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3/5 |
January 2025 |
Bell Reed Farm, Dads Hill, Cross-in-Hand, Heathfield |
Importation and deposit of waste. |
A complaint was received that waste materials were being imported, deposited and stored at the site. An inspection was carried out and although it was not possible to gain access to the site, it was evident that waste was being imported.
Contact was made with the landowner, who stated that various parties had used the land for the storage of various items, including waste. The planning/enforcement position was set out and a timescale for the clearance of the site agreed. A further inspection to monitor progress is needed.
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3/6 |
January 2025 |
Sussex Waste Management Site, Whitworth Road, St Leonards-on-sea |
Breach of Condition - Site Layout. |
During a monitoring visit, it was noted that the site was not in accordance with the approved layout under planning permission HS/884/CM.
Remedial steps have been set out and the operator given a deadline for returning the site to compliance with the planning permission. An inspection is due to be undertaken to check the site is compliant. In the event that there are remaining breaches, it is likely that formal enforcement action will be taken.
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3/7 |
January 2025 |
Clear Hedge Farm, Chiddingly Road, Horam |
Importation and deposit of waste. |
A complaint was received regarding the alleged importation and deposit of waste at the site. An officer from the Environment Agency undertook a site visit and identified that one load of soil had been deposited. The operator advised this was due to not being able to take it to his normal tip and was only a temporary measure.
No further complaints have been received and officers are intending to carry out a further inspection to confirm compliance with planning control and ensure that the soil in question has been removed.
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3/8 |
January 2025 |
Cuckoo Cottage, Newick Lane, Mayfield |
Importation and deposit of waste. |
A complaint was received that waste materials, comprising soil and hardcore, were being imported to the site and tipped into an old railway cutting. A joint site visit with the Environment Agency was undertaken and a meeting held with the landowners.
The landowners explained that there were stability issues with the railway cutting due to its steepness and a landslip had occurred. This was jeopardising their access. Sheet piling had been installed and then the waste soils and hardcore tipped in order to shore-up the embankments. However, slippage of the deposited materials has now occurred. The landowner stated that they wished to import further materials. The planning and Environmental Permitting requirements were clearly set out. Advice was given to instruct a suitably qualified structural engineer and that planning permission should be sought for the works.
In addition to the stability of the embankments, officers have also been in contact with the Historical Railways Estate (HRE) due to concerns regarding the structural integrity of the bridge over the former railway, which provides access to the site. Initially HRE had deemed the bridge unsafe but have now reassessed it and are satisfied that the bridge can take lorries over it. Separate to the potential infilling of the railway cutting, HRE will be submitting a planning application to Wealden District Council to fill around the piers of the bridge to protect them from any future landslips.
Much remains to be done in terms of ensuring the site is compliant with planning control going forward. Officers are monitoring the situation and maintaining contact with the landowners, HRE and the Environment Agency.
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3/9 |
January 2025 |
Upper Wilting Farm, Crowhurst Road, St Leonards on Sea |
Importation and deposit of waste. |
A complaint was received via Rother District Council that waste materials were being imported to the site. A site visit was carried out but it was not possible to gain entry. Contact is being made with the operator/landowner to arrange access to the site and a site meeting.
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3/10 |
January 2025 |
Land east of Lower Wilting Farm, Crowhurst Road, St Leonards on Sea |
Importation and deposit of waste. |
A complaint was received that waste materials, comprising soil and hardcore, were being imported, deposited and spread across the site. A joint site visit with officers from Rother District Council was undertaken which confirmed the substance of the complaint.
During the site visit, it was noted that significant quantities of waste had been imported to the site and deposited over a large area, with no apparent reason.
A letter was sent to the landowner and a response received advising that the tenant of the site was responsible. Contact has now been made with the tenant. Both tenant and landowner have been made aware of the likelihood of formal enforcement action if the land is not entirely cleared and restored.
Officers are also liaising with the Environment Agency.
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3/11 |
March 2025 |
Great Cow Farm, Cowbeech Road, Cowbeech |
Importation and deposit of waste. |
A complaint was received that lorries were running into the site and depositing significant quantities of waste materials. A site visit was carried out but circumstances dictated that it was not appropriate to access the site at that time. However, the driver of a tipper lorry leaving the site was spoken to. He confirmed that soils and aggregates were being imported to the site, for the purposes of building a base for a barn. In this respect officers are liaising both with Wealden District Council and the haulier.
A letter has been sent to the landowner setting out the Waste Planning Authorities position and requesting a site meeting. A response is currently awaited.
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3/12 |
March 2025 |
Land opposite Little Exceat Farm (Hurst Barns Farm, Chiltington Lane, East Chiltington |
Importation and deposit of waste. |
A complaint was received that waste materials, comprising hardcore/bricks, had been imported to and deposited at the site. A site visit was carried out which confirmed the substance of the complaint, although the materials deposited appeared to have been processed and akin to MOT Type 1.
An agricultural track has been constructed in recent years and it is possible the materials are for the repair/maintenance of this. However, to fully understand the nature of the materials and the reason for their importation, correspondence to establish the full facts will shortly be issued to the landowner.
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3/13 |
March 2025 |
Land North West of Eridge Road, (ESX229476) Lower Ashwood Farm, Crowborough |
Importation and burning of waste - recontouring of land. |
Whilst undertaking a joint site inspection with the Environment Agency to an existing site (see Table 4 – Entry 4/14), several other sites were noted to appear to be being used for waste related activities. Details of all the owners have been obtained and further investigations are currently underway with a view to remedying waste related breaches of planning control at these additional sites. |
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3/14 |
March 2025 |
Land North West of Eridge Road, (ESX392714) Lower Ashwood Farm, Crowborough |
Importation and burning of waste - recontouring of land. |
Whilst undertaking a joint site inspection with the Environment Agency to an existing site (see Table 4 – Entry 4/14), several other sites were noted to appear to be being used for waste related activities. Details of all the owners have been obtained and further investigations are underway with a view to remedying waste related breaches of planning control at these additional sites. |
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3/15 |
March 2025 |
Land North West of Eridge Road, (ESX97819) Lower Ashwood Farm, Crowborough |
Importation of waste and recontouring of land. |
Whilst undertaking a joint site inspection with the Environment Agency to an existing site (see Table 4 – Entry 4/14), several other sites were noted to appear to be being used for waste related activities. Details of all the owners have been obtained and further investigations are currently underway with a view to remedying waste related breaches of planning control at these additional sites.
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3/16 |
March 2025 |
Land North West of Eridge Road, (ESX248144) Lower Ashwood Farm, Crowborough
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Importation and storage of waste paper and burning of waste. |
Whilst undertaking a joint site inspection with the Environment Agency to an existing site (see Table 4 – Entry 4/14), several other sites were noted to appear to be being used for waste related activities. Details of all the owners have been obtained and further investigations are currently underway with a view to remedying waste related breaches of planning control at these additional sites. |
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3/17 |
March 2025
[Note: this is a different operator to the entry below.] |
Stanbridge Grab Services Limited, The Woodyard, A267 Tunbridge Wells Road, Frant |
Importation, storage and processing of waste. |
A report was received from the Environment Agency that the site was being used for the tipping and processing of waste soils and then the bulking up and bagging of the processed materials. Research into the site has not found any relevant planning permission that would allow this activity.
An inspection is in the process of being arranged.
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3/18 |
March 2025
[Note: this is a different operator to the entry above.] |
Stanbridge Surfacing Limited, The Woodyard, A267 Tunbridge Wells Road, Frant |
Importation, storage and processing of waste. |
A report was received from the Environment Agency that the site was being used for the storage of unprocessed waste soil, tarmac, concrete and bricks, and potential processing using a crusher. Research into the site has not found any relevant planning permission that would allow this activity.
An inspection is in the process of being arranged.
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3/19 |
March 2025 |
Land at Corseley Road, Groombridge |
Importation, deposit and burning of waste. |
A complaint was received that waste materials were being imported to the site and burnt. Unfortunately, specific details of the location have not been provided, but officers will attend the area to identify if there are any matters requiring further investigation.
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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 application (WD/891/CM) to regularise the breach of planning control has been submitted and further information regarding biodiversity net gain is awaited before the application can be validated and determined.
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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 were 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 engaged a new agent and intends to submit a revised planning application.
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. The operator is well aware however of the possibility of further enforcement action being taken.
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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 whilst 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 inspection was carried out which confirmed the nature of the complaint. Further inspections 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. Correspondence was issued 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. Further correspondence was then issued to the landowner following that meeting, since when there has been no contact or progress. Accordingly, the case is being reviewed to consider what action now needs to be taken to remedy matters and address any harm being caused. 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 specifying a detailed package of remedial measures together with timescales, was served on the landowners and no appeal made against it. The Notice took effect on 24 May 2024. 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 was received.
Further correspondence has been had with the agent for the operator and consideration is being given to the next steps to be taken.
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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 inspection with an officer from the Environment Agency was undertaken. The drivers of lorries entering the site were spoken to and a chance meeting with the landowner held. It was noted that a substantial volume of waste materials, including 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 went well 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.
Correspondence was issued to the landowner further to the various site meetings clearly setting out the Council’s position regarding remedying what was a very significant breach and the repercussions of not doing so. Since then, further discussions and site meetings have taken place to ensure the satisfactory progression of remedial measures. No further waste materials have been imported to the site. Soil testing was carried out on the imported materials in order to assess their make-up. 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 authorised places of disposal.
Significant quantities of materials, including the trommel fines, have been removed from the site. Contact is being maintained with representatives of the landowner and a further site inspection is due to take place to assess progress of the clearance of the site.
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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 was made to resolve the various matters, there remain outstanding issues relating to both the planning permission and Environmental Permit. Further site meetings were held and officers worked positively and proactively with both the operator and Lewes District Council.
A planning application (LW/886/CM) was subsequently submitted in relation to increasing the height of the stack and this was approved by the Planning Committee at its meeting on 14 August 2024. The planning permission has now been implemented, and the stack extension was installed in early March 2025.
Matters are ongoing and officers continue to work collaboratively with the relevant parties. A further planning application (LW/894/CM) to regularise the layout of the site and add a new covered bay has been submitted and is currently under consideration.
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 ownership of the land is not registered at the Land Registry and attempts to identify 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-west 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 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 were carried out and a site inspection undertaken with Wealden District Council. Since then, an extensive site inspection has been carried out with the Environment Agency. This identified several new sites, which are detailed in Table 3 above.
Investigations in respect of this site and those newly identified are ongoing.
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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 |
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.
Two further site meetings have been held with the landowner, their representatives 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, which will include the removal of material, restoration of the land form, replacement planting and ecological enhancements.
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4/17 |
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. Remedying matters will then follow on from that.
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4/18 |
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 required to ascertain the current position at the site.
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4/19 |
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 to 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 any reply 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 chose still to not respond to the PCN. He was therefore subsequently summonsed to appear before Hastings Magistrates’ Court in October 2024. He once again pleaded guilty and was ordered to pay a total of £1,229.34; consisting of £576 fine; £423.34 Victim Surcharge and £423.34 costs.
Since the second successful prosecution, the landowner’s agent has been in contact with officers, indicating that he is keen to work with the Council to resolve matters. Urgent, tangible progress is now required if enforcement action is to be avoided. This has been made very clear to both landowner and agent.
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4/20 |
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 indicated that a planning application will be submitted to regularise the use of the site. The operator subsequently requested formal pre-application advice, which has been provided, and a planning application is currently awaited. Enforcement action very much remains an option and the operator is well aware of this.
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4/21 |
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 was arranged.
At that meeting, various matters were identified, including the residential use of a caravan and the importation of waste materials. The owner has been told what remedial measures are expected. The matter remains ongoing.
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4/22 |
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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4/23 |
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 inspection with officers from Wealden District Council was carried out, which confirmed the substance of the complaint. During the course of that inspection, 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 inspection, a letter was sent to the landowner, who subsequently appointed an agent. Several site meetings have been held and correspondence has taken place with the agent and their ecological consultants. Significant remedial works including the removal of material are expected, as is a planning application to regularise certain matters including landscape and ecological works. However, that planning application has not yet 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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4/24 |
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 District Council’s 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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4/25 |
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 both with them and an Officer from Wealden District Council. 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.
A further site visit to monitor progress regarding the clearance of items from the site is due to be carried out in the near future.
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4/26 |
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 was not 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, further attempts are being made to contact the landowner.
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4/27 |
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 with advice being issued to the occupant on several occasions. Matters seemed to have been remedied but after a period of time further complaints were received that the owner of the property was again bringing waste back, sorting, bulking up and storing it, before disposing of it elsewhere.
Further monitoring of the site and activities have been undertaken, as well as investigations of various sources of information pertaining to activities at the site. Several other lines of inquiry were also followed.
Discussions were held with the landowner and the planning situation set out to him. It was made clear, both during discussions and in correspondence, that waste should not be brought back, sorted and stored at the property.
Despite the warning of enforcement action, the landowner has continued to use the property for unauthorised waste related uses. Officers continued to monitor the site and were satisfied that a breach of planning control was occurring and that it was expedient to take enforcement action.
Accordingly, an Enforcement Notice was served on the landowner, which requires the cessation of the importation, sorting and storage of waste and the clearance of the site. No appeal was made against the Enforcement Notice and officers are monitoring the site to ensure compliance. Should a breach of the Notice be detected the Council will consider instituting legal proceedings.
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4/28 |
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 took 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 was 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 undertaking a further site inspection to ascertain whether remedial works have been carried out or the materials removed.
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4/29 |
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 was made with the landowner, who was 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 monitored, and warning signs have been erected stating that the site is being monitored for unauthorised activities. Tipping appeared to have stopped following these interventions. However, following a recent complaint and photographic evidence, it appears that waste is once again being imported and deposited at the site.
Formal enforcement action is now likely to be taken.
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4/30 |
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. Complaints were received that waste related activities were again taking place at the property.
Several inspections were carried out and breaches of the Enforcement Notice identified. Warning notices were issued and a letter sent to the landowner setting out a timescale for the clearance of the site and compliance with the Enforcement Notice.
The landowner failed to comply and continued to breach the Enforcement Notice. Consequently, he was summonsed to appear before Hastings Magistrates’ Court on 19 December 2024. The landowner failed to attend and the case was heard in his absence. The Magistrates were satisfied that the case had been proven and ordered the landowner to pay a total of £7,827.63; consisting of a £5,000 fine, £2,000 Victim Surcharge and £827.63 in costs. This was the third time the owner had been prosecuted by the Waste Planning Authority for breaching the requirements of the extant Enforcement Notice.
Since the prosecution, the site continues to be monitored and the breach continues. Therefore, other options are now being considered in collaboration with our legal team as to how to secure compliance with the Enforcement Notice.
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