Bexhill Cemetery Will Expand Despite Threat of Landfill

On 18th March 2010, Rother District Council Planning Committee decided to grant a new planning application (RR/2010/1783R) to extend Bexhill Cemetery in St Mary’s Lane almost to the border of the Ashdown Brickworks.

Unless ESCC withdraws its renewed proposal to allocate Ashdown for waste landfill and site-owners Ibstock decline to proceed with their landfill planning application, mourners visiting their loved ones or attending their burial will be faced with all the horrors of a rotting dump within perhaps as little as 50 yards.

The approved application represents a renewal of the permission of change of use granted under a previous application (RR/2006/3294/3R) whereby RDC would compulsorily purchase a substantial (2.92 hectares) field of agricultural land to the west of the current cemetery. It is understood that proceedings in this respect are already underway and the purchase is hoped to be completed before next summer.

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.

Land to West of Bexhill Cemetery

15/02/07: Planning Permission Granted for Change of Use

Rother District Council Planning Committee granted planning permission (subject to conditions) for change of use of land at St. Mary's Lane from agricultural use to use as a cemetery. The land is adjacent to the Ashdown Brickworks site.

The permission is in accord with the Rother District Local Plan and supports the Council's desire to provide sufficient provision for burial needs for the area.

The Planning Committee approved the grant despite a letter of objection from Ibstock, the owners of the Ashdown Brickworks site.

The Planning Agenda and Minutes from the Committee on the 15th February can be read on the Rother Council Website. Download the minutes from the Rother Council website. (Word format). If you download the Word format Minutes, you will need to refer to page 10 to read the specific grant Ref: RR/2006/3294/3R.

---

BALI letter re: Pebsham Tip Proposals

Read the letter by BALI Chair, Nick Hollington in response to the Planning Application to redevelop the Reprotech Pebsham site.