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Lewes DC & Sussex Downs Conservation Board fail to understand AONB Planning Rules



This is a bit technical but, personally, I find it very amusing.

Telscombe Town Council are responsible for Telscombe Tye, an area of open downland between Telscombe Cliffs and Peacehaven. They wanted to keep traffic and unwelcome visitors off the Tye, so they took advice from the Sussex Downs Conservation Board (who manage the land on behalf of the Town Council) and Lewes District Council.

The Conservation Board advised them that they could build some "bunds" (basically barricades) from inert waste materials. The District Council's Planning Department advised them that planning permission was not required for this type of work.

So the job went ahead. 4,400 cubic metres of waste material were moved on to the site and the bunds were built.

After the work was completed, there were hundreds of complaints from members of the public - and it turned out that planning permission IS needed. So the Town Council had to submit a retrospective planning application to East Sussex County Council's Planning Committee.

On Wednesday, ESCC turned down the planning application. This is an extract from the Report that the councillors considered:-

The bunds affect the character and qualities of the open downland landscape and therefore represent inappropriate development in this sensitive area. In this respect, the development conflicts with Policies EN2, EN3, EN4 and EN7 of the Structure Plan and Policies CT2 and PT15 of the Lewes District Local Plan.

The bunds are likely to encourage the use of unauthorised vehicles such as motorbikes and quad bikes which would affect the quiet enjoyment of the area, thereby conflicting with Policy EN3 of the Structure Plan and Policy CT2 of the Lewes District Local Plan.

The bunds will restrict authorised access on to the Tye and will affect the amenity of its users which conflicts with the aims of Policy PT15 of the Lewes District Local Plan, Policy LT16 of the Structure Plan and Policy WLP35 of the Waste Local Plan.

The bunds contain non-inert waste materials that look unsightly and may be hazardous to users of the Tye. The deposit of both inert and non-inert waste materials has not been justified in relation to the principles of sustainable waste management and does not enhance the landscape or general environment of the Tye, thereby conflicting with Policies W2 & W9 of the Structure Plan and Policies WLP1, WLP21 & WLP24 of the Waste Local Plan.

The bunds are unlikely to provide protection to the Prehistoric cross-dyke. Rather, they represent inappropriate development within the setting of the monument which conflicts with Policy EN23 of the Structure Plan and Policy H9 of the Lewes District Local Plan.

Cattle are required to graze the bunds to meet the requirements of the ESA Scheme being implemented on the Tye. However, due to the steep sides of some of these structures, I do not consider that suitable grazing will be achieved. Instead, the bunds are more likely to support rank vegetation, similar to the original bunds, which could threaten the adjoining chalk grassland flora, thereby conflicting with Policy EN17 of the Structure Plan.

For these reasons, I consider that planning permission should be refused and appropriate enforcement action taken to remove the deposited waste materials.


In other words, our friends at Lewes DC Planning Department and the Sussex Downs Conservation Board don't have a clue. Lewes District Council don't even seem to understand their own Local Plan.

:lolol: :lolol: :lolol:
 










clapham_gull

Legacy Fan
Aug 20, 2003
25,721
I wish I still had the original article. Not only did they go ahead without planning permission, but walkers found all kind of rubbish dumped up there. It was taken from a demolition site - some hospital buildings I believe.

Huge pieces of reinforced concrete, with rusty wires sticking out etc.. etc.. dumped on the downs in the name of conservation.
 
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Sep 24, 2003
701
Seven Dials
Lord Bracknell said:


In other words, our friends at Lewes DC Planning Department and the Sussex Downs Conservation Board don't have a clue. Lewes District Council don't even seem to understand their own Local Plan.

:lolol: :lolol: :lolol:

Lord B - I think you have misrepresented the situation somewhat!

Surely it is a simple case of LDC giving incorrect advice as to whether or not the proposal constituted "development". If it is deemed to be permitted development then planning permission is not required and the policies in the Local Plan are irrelevant.

As a former employee of the LDC planning department I'm confident that if it had considered planning permission to be necessary then it would have been recommended for refusal on the same grounds as put forward by ESCC.
 
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The Clown of Pevensey Bay

Well-known member
Jul 5, 2003
4,339
Suburbia
Re: Re: Lewes DC & Sussex Downs Conservation Board fail to understand AONB Planning R

Jonathon Livingstone said:
As a former employee of the LDC planning department

Were you involved with any of the DISGRACEFUL obfuscation, stalling for time and downright prevarication over your submissions to the reconvened Falmer stadium enquiry?
 


Re: Re: Lewes DC & Sussex Downs Conservation Board fail to understand AONB Planning Rules

Jonathon Livingstone said:
Lord B - I think you have misrepresented the situation somewhat!

Surely it is a simple case of LDC giving incorrect advice as to whether or not the proposal constituted "development". If it is deemed to be permitted development then planning permission is not required and the policies in the Local Plan are irrelevant.

As a former employee of the LDC planning department I'm confident that if it had considered planning permission to be necessary then it would have been recommended for refusal on the same grounds as put forward by ESCC.
Plainly the County Council considers that the scale of the works that have been undertaken does constitute a "development".

There is some suggestion in the ESCC planning committee report that Lewes District Council thought that Telscombe Town Council would have been able to move soil around the Tye without creating a "development", but the Town Council's position is that the works that have been implemented were "the minimum necessary to protect the Tye from unauthorised vehicle access and activities".

That suggests to me that the District Council failed to appreciate what the Town Council were planning. It is possible that LDC gave an opinion based upon that misunderstanding. I don't think it excuse them, since they surely have a duty to satisfy themselves that they are giving appropriate advice to an applicant, particularly at such a sensitive location.
 




Sep 24, 2003
701
Seven Dials
Re: Re: Re: Lewes DC & Sussex Downs Conservation Board fail to understand AONB Planning R

The Clown of Pevensey Bay said:
Were you involved with any of the DISGRACEFUL obfuscation, stalling for time and downright prevarication over your submissions to the reconvened Falmer stadium enquiry?

Thankfully I jumped ship over 10 years ago.

I actually offered my services, free of charge, to the club/DMH to assist in the application for the stadium but did not receive any response.
 
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Sep 24, 2003
701
Seven Dials
Re: Re: Re: Lewes DC & Sussex Downs Conservation Board fail to understand AONB Planning Rules

Lord Bracknell said:
Plainly the County Council considers that the scale of the works that have been undertaken does constitute a "development".

There is some suggestion in the ESCC planning committee report that Lewes District Council thought that Telscombe Town Council would have been able to move soil around the Tye without creating a "development", but the Town Council's position is that the works that have been implemented were "the minimum necessary to protect the Tye from unauthorised vehicle access and activities".

That suggests to me that the District Council failed to appreciate what the Town Council were planning. It is possible that LDC gave an opinion based upon that misunderstanding. I don't think it excuse them, since they surely have a duty to satisfy themselves that they are giving appropriate advice to an applicant, particularly at such a sensitive location.

Don't get me wrong, LDC cocked up big time....

I was just pointing out that your reference to the Council not understanding its own Local Plan policies is irrelevant because they incorrectly advised that planning permission was not required.
 


The Clown of Pevensey Bay

Well-known member
Jul 5, 2003
4,339
Suburbia
Re: Re: Re: Re: Lewes DC & Sussex Downs Conservation Board fail to understand AONB Pl

Jonathon Livingstone said:
Thankfully I jumped ship over 10 years ago.

I actually offered my services, free of charge, to the club/DMH to assist in the application for the stadium but did not receive any response.

Fair enough then :)
 


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