Ibstock's Appeal Against Cemetery Extension Dismissed

Background

In February 2007, Rother District Council (RDC) granted itself planning permission, against objections by Ibstock, to extend Bexhill Cemetery into one of 'four fields' owned by Mayo Land Company adjacent to Ashdown Brickworks. These fields were represented by Ibstock in the ESCC Waste Local Plan inquiry as crucial to the early development of a landfill in the quarries allowing them to stockpile clay thereon. This possibility was noted by the Inspector in his report but the land was not 'allocated' or 'safeguarded' in the plan itself.

In May 2007, Ibstocks lawyers sought permission in the High Court to apply for judicial review of RDC's decision on 9 grounds, being 'concerned that the planning permission given will affect the proposed landfilling of the quarry'. In August 2007, however, the Court refused permission for judicial review, rejecting all of Ibstock's grounds. However, Ibstock appealed the decision and permission for judicial review was granted though on one ground only: that RDC had failed to sufficiently consider noise abatement and screening regarding those visiting the cemetery.

Court Decision 18th January 2009

Mr Justice Dean dismissed Ibstock's application on the grounds that the issues of noise and screening from any landfill site were not required to be addressed at the stage and that 'the case is fact-specific and raises no principle or legal issue'. RDC was awarded £21,472 to cover its legal costs.

What next?

• RDC will almost certainly compulsorily purchase the land it requires for the cemetery extension
• There could be a further appeal; Mr Justice Dean noted that 'it would be for the civil Appeals Office to decide whether they wish to hear any appeal'. BALI is not aware if Ibstock intend to appeal.
• There is almost certainly to be opposition to the cemetery plans at the next planning stage
• Ibstock may consider stockpiling clay on the other fields or elsewhere, offering to purchase any land not owned by them.

Is the stock-piling of clay crucial to whether or not there will be a landfill at Ashdown?

If a landfill is required at any early date, it probably is, Ibstock emptying one of its quarries (it has two) to landfill it while still extracting clay from the other. In the longer term there would be less need.

BALI's view

The High Court decision allowing RDC to extend the cemetery makes it more difficult for Ibstock to use the Ashdown quarries for the landfilling of waste, but certainly not impossible.

Note: Throughout the Court hearings, BALI was registered as an interested party, receiving all the paperwork and decisions made.