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This particular planning problem has become a saga over the last twelve years for  residents in the vicinity.

The latest situation: 

Michael Hill has objected to the Mid-Sussex Local Plan because it does not include the land at Valebridge Road as allocated for housing.  MSDC, and 40 residents together with the Worlds End Residents Association have objected  to its inclusion.

A Public Local Inquiry was held  in  

August 2002 into the objection, by an Inspector with both parties engaging  barristers. The Inspector is due to report in June 2003. (See below at end of this column.)

In December 2000 Mr Hill arranged for a brick track to be laid across the site with an opening onto Valebridge Road.  A Notice was served requiring the track be removed.  An appeal has been lodged against this Order which was due to be heard at the High Court in London in December 2002.  Because it required a full day with legal counsel appearing for both parties, court time was not available and a new date is awaited.*

In the meantime, Mr Hill had applied for planning permission for the illegal track. This planning application was subsequently refused.

 * Mr Hill has lost his appeal, and the Notice to take up the track is in force; however, he has three weeks (from mid-Feb 03) in which to go to the Appeal Court. 

Update

Mr Hill has decided to appeal again; we await the date and result of the hearing.

If he is so minded he can go to the House of Lords.

Update 2

In November 2003, Mr Hill lost his appeal against the previous appeal.

Update 3 (12 Feb)

Mr Hill is to apply for leave to appeal to the House of Lords.

Inspector's Findings from the Public Enquiry in August 2002. Published August 2003.

The Key Issue for the Inspector was:-

Whether the omission site (Eldridge Vale Caravan site) should be allocated for residential development within the 2006 Local Plan.

The Inspector's Recommendation: 

"In response to this objection , (by Mr Hill to the fact that the land has not been allocated for housing in the 2006 Local Plan) I recommend that no modifications be made to the Revised Deposit Draft Version of the Local Plan or the Proposals Map."

read full report

view of the Eldridge Vale Caravan park.
 

Planning History of the site

In 1991, the Burgess Hill Local Plan Inspector rejected an objection that sought to include this area within the Built-Up Area of Burgess Hill.  The Inspector concluded that " the site makes a significant contribution to the visual amenities of the countryside and screens housing development on Valebridge Road from the West.  The affinity of the objection site is with the wider countryside".  Previous to this decision, several applications for housing opposite the objection site were refused.

"Use as a caravan site for one caravan, permanently stationed on the land, but occupied overnight only at weekends and only between Easter and the end of September in any year".

In addition, an enforcement notice relating to the formation of a hardcore track was upheld with some minor amendments, and required the removal of the hardcore.  An application followed to retain the track and allow a replacement toilet outhouse.  The application was refused in June 1995 and was dismissed on appeal with a split decision granting permission for the new toilet.  Prosecution was commenced against the owners of the land because of an alleged failure to comply with the Enforcement Notice, but on removal of the track the proceedings were dropped.  A further application for a Certificate of Lawful Development for the hardcore track was refused, but subsequently allowed on appeal in 1998.

In 1999, a new planning application was submitted to provide "new access to highway (to serve caravan site)".  The application was recommended for refusal but was withdrawn by the applicant prior to determination.

A further application for a "new access to highway (to serve caravan site)" was submitted in August of 1999.  Again this was recommended for refusal but was withdrawn before determination.  After withdrawing the application, the applicant submitted a statement to the District Council that argued the the proposed works in applications CD/19/99 and CD/33/99 constitute Permitted Development, and as such work commenced on the site.  An enforcement notice was issued, and an appeal against it dismissed.  However, the current situation on this site is that the applicant is challenging the decision in the High Court, against the Secretary of State.  Consequently the Enforcement Notice has not come into effect.

ends