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 more dirty tricks and rule breaking. But will only that lead to more spillages?
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.
Can you imagine a planning officer in charge of a major development who does not know what a material planning consideration is? That is what we think we are looking at in the case of Clarion Group Housing Limited who 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 application is/was for 70 houses by way of a green field site that was purchased by Tim Watson as an investment many years ago. Tim Watson, a local estate agent, abandoned his application, presumably because of identity and a potential conflicts of interest locally, because, exactly the same application was filed with a name change in 2015 by Gleeson Developments Limited, presumably a smoke and mirrors device. If the parties may wish to clarify the situation for us, we'd be pleased to publish any corrections, but as it stands it reads as though their council pals managed to push this one through for old times sake.
Around three hundred local residents were opposed to the application, leading Marina Brigginshaw to give a presentation in the village hall at Herstmonceux, but despite this exceptional turnout, the Parish Council ignored those representations and approved the application. We do not know of any specific reason for the wishes of the public being ignored, and this may become the subject of investigation as to interests and declarations at both Parish Council and District Council levels.
It is suspected that members of Wealden passed the application to in some measure gain revenge on the previous occupier of the old electricity Generating Works. If that proves to be the case, then the grant of permission will have been an abuse of process.
We are though looking for other anomalies, such as the case officers not correctly advising the Members of this Council as to applicable statute, their Local Plan and National Planning Policy, where there appears to be more than one failure to advise - now the subject of investigation.
Access to the site is from a busy road at an inconvenient junction without the necessary visibility splay to cope with speed of 40 miles per hour and braking as trucks and the like enter the village from the east.
Sewage disposal in a potential issue that Wealden were forced to obtain Counsel's Opinion on to be able to proceed at all, though this Opinion is only that, a sort of insurance policy that at least they tried to cover their tracks; another questionable tactic - and an opinion is only an opinion until it is challenged. We would like to see this opinion.
WATER CONTAMINATION - 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.
Claire Turner TRACKED
& Building Control
We note that there are many inclusions in the
‘Conditions’ section of the Notice of Decision dated September 11 2015 and signed by
Kelvin Williams, concerning dealing with surface water soakage, drainage and contamination, but no mention of the
ancient well and those using it for their water supplies.
WD/2015/0090/ HERSTMONCEUX VILLAGE CONDITIONS A - Z INDEX
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 accused.
Where does Claire Turner fit into all of this? At the moment we do not know and we are giving Mrs Turner the benefit of the doubt. In other words we accept that she 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.
Vicarage Lane, Hailsham, East Sussex, BN27 2AX T: 01323 443322
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