CHRIS BENDING - Given that Mr Bending was dealing with the 106 to do with this 1,000 home application it is likely that he had some involvement in the 70 home application at Herstmonceux in Sussex. Whether he did or did not, he will be involved in the future, where that particular 106 Agreement is defective in not mentioning or making provision for protections of the historic well that many in Lime Park rely on to this day for their drinking water.
Christopher Bending is the new acting Head of Planning & Environmental Services at Wealden District Council according to a letter dated 22 June 2018.
He is (or was) the case officer in the matter of an application for the erection of a timber fence adjoining Hackhurst Lane, a site that is well know at Wealden and in the County Court because of the failure of Wealden DC to take action to protect Mrs Anne Harris from harassment by her then landlord.
Wealden's response to Mrs Harris complaining about the negligence on the part of this local authority was to subject her to years of inappropriate enforcement an example of which is David Phillips arguing in the Magistrates Court that a road was a linear pile of rubble.
This was in connection with a Site Tidy Notice that was served on Mrs Harris where she had building materials ready to repair her drive. Victorio Scarpa and Philips were so intent on making life hard for Mrs Harris, presumably seeking to drive her from Hackhurst Lane, that they were prepared to waste council tax payer's money arguing the ridiculous - all the way to the Crown Court.
Talk about a series of malicious prosecutions. This was almost as bad as her landlord removing her roof and lighting fires outside her home - it was more of the same, only this time a white collar version of the intimidation she'd experienced before. White collar intimidation as a course of malicious conduct is a violation of Article 3 of the Human Rights Act 1998.
You'll not be surprised to learn that the Judge was having none of that. He said if that was Wealden's take on the matter that he was finding for the defendant. A road is not a linear pile of rubble Mr Phillips. In the words of John Cleese: are you deranged?
Mrs Harris is a farmer, specializing in breeding pigs and making delicious sausages with herbs, spices, fruit and cheese flavours. Mrs Harris was also one of the 12 Petitioners who complained to Wealden in 1997. These 12 complaints were referred to Sussex police, who effectively swept these rather serious criminal allegations of fraud and malicious prosecutions under the carpet by simply not investigating. We know of a masonic connection between Tyrian Lodge in Eastbourne and one of the planning officers concerned: Ian Kay.
Tyrian Lodge is just around the corner from the then Police Station in Grove Road, that has now moved to Hammonds Drive. A number of police officers are thought to have been masons at that time and some probably still are, where Tyrian Lodge is well populated with builders and property developers - that would have been operating in the Wealden area.
Ref: Chris Bending
RE: WD/2017/2577/F - TIMBER FENCE
LANE INDUSTRIAL ESTATE, LOWER DICKER, HAILSHAM BN27 4BW
I wish to make a complaint about the attitude of a planning officer, Mr Chris Bending.
The complaint involves an application to partially fence off the carriage way 'Hackhurst Lane' from the industrial units facing it & from the road at right angles to it. WD/2017/2577/F.
1/ He failed to serve the requisite notices on affected parties or to publicly display them.
2/ He then refused to officially notify affected parties.
3/ He refused to regard encroachment into the carriageway (width set down in statute) or the fact that the proposed fence would prevent fence would prevent access of cattle lorries/tractors & trailers as material considerations.
4/ He refused to put all this nonsense in writing and refused to repeat in on the telephone so that I could tape record it.
Mr Bending appear to want to put me out of business, prevent me from continuing to use a piece of road I have used for over 30 years, and fail to inform me of the plan until it was too late to prevent it.
I found out about this application by chance. Mr Bending did not return my call and when I did speak to him he was arrogant and dismissive, saying that in his opinion no-one on the south side of Hackhurst Lane was materially affected by the proposed development & therefore did not need to be told about it.
I pointed out that the proposed fence would prevent me carrying on my business because I would not be able to get into my gate.
I reminded Mr Bending that applications to put a full length fence between the industrial estate & Hackhurst Lane or to gate off the A22 end of Hackhurst Lane at the first factory had failed because of the status of this road. Hackhurst Lane is in fact Private Carriageway No8. Its ownership, usage, enjoyment and width are laid down by Act of Parliament & tested in a landmark Judgment (on Private Carriageway No9) Benn V Hardinge.
The proposed development is on the carriageway which must (unless the Act of Parliament is repealed) be 20 feet wide.
Mr Bending said that in his opinion this is not a planning consideration. Entertaining a planning application for a development which is a breach of statute is clearly wrong & I therefore suspect that the owner of the carriageways set down under the Act has not been notified that with WDC & the Developer he is about to become complicit!
I pointed this out to Mr Bending that for me, the simple solution would be to have the fence beyond the carriageway & provide a gate in the fence opposite my farm gate with written agreement for me to access the road I have been using for the last 30 years & also thereby having carefully explained the damage this proposal would do to my business & my two neighbours concerns (Mr Stevens & Mr Grecroft) & having suggested a solution to these problems, I again asked Mr Bending to serve all three of us with official notification, so that we could make representations.
He refused saying he had pinned up notices. Neither I nor my 2 neighbours have seen these notices though there a 3 telegraph poles, one at each end of, & one opposite the proposed development. Mr Bending said he had put the notices up himself but was unable to say where he had put them.
I asked again for official notification - Mr Bending refused.
I asked him to give his reasons in writing - he refused.
I asked him to repeat his reasons while I recorded - he refused.
I asked him for a complaint form - he said write in.
I phoned my councillor, Mr White, & told him I was going to make a complaint about a council planning officer who was being very incompetent and arrogant & must be inexperienced. Mr White told me Mr Bending was a very senior planning officer.
When I listed my catalogue of complaints he said was waiting (in vain) for Mr Bending's response to a message he had left him (on another matter). Mr White could not remember the application going to Parish Council & said he would make enquiries with the Parish Clerk.
Mr Bending has failed to follow procedures & so doing put my business & use & enjoyment of my property at risk & is doing so quite knowingly & deliberately.
Please sort it out.
& A INTERVIEW WITH CHRIS BENDING - 24 Jun 2015 By Colin Marrs
WD/2015/0090/ HERSTMONCEUX VILLAGE CONDITIONS A - Z INDEX
NPPF - NATIONAL PLANNING POLICY FRAMEWORK A - Z INDEX
WATER CONTAMINATION OFFENCES - If houses are built on the hill that supplies the last surviving well in Herstmonceux, all of those who presently enjoy a sustainable water supply are likely to be poisoned by pesticides from the gardens of the proposed housing. In addition, where the hard standings of the proposed 70 houses are to be gully drained to a point lower than the twin wells, soakage that supplies the wells will be diverted away potentially starving the wells of water, save that from the garden areas. The amusing cartoon above portrays the situation that perhaps the developers were not aware of, when they bought into a situation that they should have been able to rely on. Unfortunately, the council concerned and the advisers to the original applicants appear to have been less diligent than they might have been in the rush to profit from a windfall situation.
WEALDEN'S OFFICERS FROM 1983 TO 2018
MISFEASANCE & MALFEASANCE
When an officer of the courts omits to include evidence that he or she knows is relevant to a hearing, that is termed misfeasance in public office. Where an officer then tries to cover up his or her misfeasance (as did Ian Kay in the Stream Farm matter), or J Douglas Moss did in the Old Steam House case, that becomes malfeasance. The difference is that misfeasance is a civil wrong, whereas malfeasance is a criminal offence. The leading case precedent on malfeasance is: R. v Bowden 1995 Court of Appeal (98 1 WLR), where police constable Bowden failed in his duty to protect a member of the public.
The only defence that Wealden's officers have in their criminal dealings is that Sussex Police will not investigate any offence committed by their chums at Wealden. The proof of this is the failure of DS Keith Lindsay failed to interview any one of 12 unrelated complainants or the planning or executive officers from Wealden who stand/stood accused.
Where does Chris Bending fit into all of this? At the moment we do not know and we are giving Mr Bending the benefit of the doubt. In other words we accept that he is innocent of any hand in the approval of the 70 house windfall grant at Herstmonceux, unless and until fresh evidence becomes available to suggest otherwise:
Clarion Group Housing Limited are working with Thakeham Homes Limited and Latimer Developments Limited, following on from the applications of Tim Watson in 2014 and Gleeson Developments Limited in 2015. This is another of those windfall applications where Kelvin Williams thought it right to allow development on green belt outside of the village envelope.
Vicarage Lane, Hailsham, East Sussex, BN27 2AX T: 01323 443322
LINKS & REFERENCE
POTTY TRAINING - Using a potty correctly may be a new skill for your planning team to learn if they keep missing the bowl or forgetting to flush, or maybe even fumble the paperwork. Being patient and firm with them will help them get it right eventually, even if they sometimes feel frustrated at being pushed to do the right thing. They need to known that every person is entitled to a toilet no matter how much the council's legal team tell them to ignore the rules to cause harm to a challenging member of the public - and yes we can imagine how irritating it is to be caught out consistently by some members of the public - and yes of course that makes you dig in your heels even more - leading you into trying harder to cover up, rather than admit mistakes. But that will only that lead to more spillages as this website proves?
So, if you are going to plan a vendetta, hoping to harass someone to vacate Wealden land for the benefit of someone else locally who you favour, be sure that you don't get caught with your trousers down, forget to flush, or even pull your trousers up too soon. Be careful to stay in the groove by following statute to the letter and don't hope that all Judges or Inspectors will turn a blink eye with a funny handshake - there are many who are not members of that brigade and these are the airings that are sure to come back to haunt you to reveal what you did and why you did it. Sleep safe at night by doing the right thing. Do not try to deprive anyone of their state granted rights and put the lid down after flushing.
FAIR USE NOTICE
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.