
JILL
THE DAIRY COW SAYS: - Hey,
don't forget us. We love the countryside, and those ponds in Lima Park,
just a few hundred yards from where we are munching this delicious
grass, to make milk for you.

Dear
Wealden District Councillors, Planning Officers & Chief Executive,
FORMAL LETTER OF OBJECTION: PLANNING APPLICATION NUMBER: WD/2024/2257/MAJ
I/we am/are writing to express our strongest possible objections to the proposed diversion of surface water from the field adjacent to the pond network at Lime Park. This proposal poses a severe threat to the established ecosystem, local heritage, and amenity value of this unique site.
This network of ponds has been sustained for over 40 years by surface water runoff from the adjacent field. This established flow of water has become a prescriptive right under the Prescription Act 1832, meaning that the continued flow of water cannot be legally obstructed after such a long period of uninterrupted use.
Diverting this water source will have a devastating impact on the ponds, likely leading to their desiccation and the destruction of the established ecosystem.
We are deeply concerned about the impact on protected species, including ducks,
toads, herons, and
great crested
newts, which are known to inhabit the ponds. The proposed development could be in breach of the following legislation, and potentially illegal, with those involved in any grant of permission, becoming accessories to any wildlife crime, as per the Abettors Act of 1861:
- Wildlife and Countryside Act 1981 (as amended)
- Conservation of Habitats and Species Regulations 2017
Furthermore, we believe the proposed diversion infringes upon the rights of those affected under the Human Rights Act 1998:
- Article 8 (Right to respect for private and family life, home and correspondence): The ponds and surrounding environment form an integral part of the local community's enjoyment of the area, impacting their private and family life.
- Protocol 1, Article 1 (Protection of property): The established ecosystem and the amenity value of the ponds contribute to the value of surrounding properties and represent a form of "possession" that should be protected.
Critically, the pond network is an integral part of the setting of a unique local heritage asset: the only surviving early electricity generating station from circa 1896. This building is a significant historical landmark, and its setting, including the ponds and surrounding landscape, contributes significantly to its historical and architectural significance. Also, a potential future UNESCO world heritage site. The rural setting and surrounding countryside are part of the charm of the technology that nestles in this estate, as a time capsule. This historical and environmental context may well be protected by other conservation law, and that is now under threat. The proposed diversion would severely compromise this historical setting and diminish the heritage value of the site.
We urge you to immediately reconsider the proposed surface water diversion and conduct a thorough and independent ecological and heritage impact assessment. This assessment must consider the long-term impact on the pond ecosystem, protected species, the established water flow rights under the Prescription Act, human rights considerations, and the impact on the setting of the historic generating station.
We demand a full consultation with all stakeholders, including local residents, heritage organizations, and environmental groups, to find a solution that protects this invaluable natural and historical asset. We are prepared to pursue all available legal avenues to protect this important site.
Yours faithfully,
Concerned of Herstmonceux
[Your name and address]

THE
TWO ENDANGERED PONDS
- ALREADY SUFFERING FROM A LOSS OF WATER FLOW DUE TO CLIMATE CHANGE, THE
PROPOSAL TO DIVERT SURFACE WATER FROM THE ADJACENT FIELD IS TANTAMOUNT
TO A DEATH SENTENCE FOR THE FLORA AND FAUNA THAT PRESENTLY ENJOYS THE
HABITAT. YOU CAN WALK THE FIELDS AND SEE POND NUMBER ONE, THAT FEEDS
POND NUMBER TWO - WHICH IS NOT VISIBLE FROM PUBLIC FOOTPATHS. BUT AS YOU
CAN SEE, GOOGLE MAPS SHOWS THESE BODIES OF WATER - WHICH YOU CAN CHECK
FOR YOURSELVES.

POISONING
WATER SUPPLY - THEN
THERE IS THE MATTER OF THE ANCIENT WELL THAT IS THE ONLY SOURCE OF WATER
FOR HERSTMONCEUX MUSEUM, THE PROPOSED HOUSES, CONTAMINATION FROM
HERBICIDES, PESTICIDES AND HYDROCARBONS IS A CRIMINAL VIOLATION OF THE
'OFFENCES AGAINST THE PERSON ACT OF 1861' SECTIONS 23 AND 24 - IN THE
MAKING. ALL THOSE HELPING THE OWNERS OF THE FIELD SUPPLYING THE WELL,
MIGHT WELL BE GUILTY OF A CONSPIRACY IN THE MATTER.
THE
CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017
Statutory
Instruments
2017 No. 1012
Wildlife
Countryside
Made
30th October 2017
Laid before Parliament 31st October 2017
Laid before the National Assembly for Wales 31st October 2017
Coming into force 30th November 2017
The
Secretary of State is designated (1) for the purposes of section 2(2) of
the European Communities Act 1972 (2) in relation to the environment,
and the Welsh Ministers are designated (3) for those purposes in
relation to the conservation of natural habitats and of wild fauna and
flora.
The Secretary of State and the Welsh Ministers make these Regulations in
exercise of the powers conferred on them by section 2(2) of the European
Communities Act 1972 and paragraph 1A of Schedule 2 to that Act (4), and
by section 307 (3) and (5) of the Criminal Justice Act 2003 (5).
These Regulations make provision for a purpose mentioned in section 2(2)
of the European Communities Act 1972 and it appears to the Secretary of
State and to the Welsh Ministers that it is expedient for any reference
in these Regulations to an Annex to Council
Directive 92/43/EEC on the conservation of natural habitats and of
wild fauna and flora (6) to be construed as a reference to that Annex as
amended from time to time.

PART
1 Introductory and General Provisions
1. Citation
and commencement
2. Extent
3. Interpretation
4. Plans or projects relating to offshore marine area or offshore marine
installations
5. Nature conservation bodies
6. Relevant authorities in relation to marine areas and European marine
sites
7. Competent
authorities
8. European sites and European marine sites
9. Duties relating to compliance with the Directives
10. Duties
in relation to wild bird habitat
11.
Review by appropriate nature conservation body
PART
2 Conservation of Natural Habitats and Habitats of Species
European
sites
12. Selection
of sites eligible for identification as of Community importance
13. Designation
of special areas of conservation
14. Consultation as to inclusion of site omitted from the list
15. Classification of sites as special protection areas
16. Notification of a proposal to classify a special protection area
Register of European sites
17. Register
of European sites
18. Notification of changes to the register
19. Notice
to landowners and other bodies
Management agreements
20. Management agreements
21. Existing agreements
22. Certain payments under management agreements
Control
of potentially damaging operations
23. Notification
of potentially damaging operations
24. Assessment of implications for European sites
25. Sites of special scientific interest which become European sites:
duty to review
26. Farm capital grants
Special nature conservation orders
27. Power
to make special nature conservation order
28. Restriction
on carrying out operations specified in order
29. Assessment of implications for European sites after service of stop
notice
30. Compensation for effect of stop notice
31. Restoration orders
Byelaws
32. Power
to make byelaws
33. Byelaws: supplementary provisions
34. Compensation for effect of byelaws
35. Continuation in force of existing byelaws
Powers of compulsory acquisition
36. Powers
of compulsory acquisition
European marine sites
37. Marking of site and advice by nature conservation bodies
38. Management scheme for European marine site
39. Direction to establish or amend management scheme
40. European marine sites: byelaws and orders
Nature conservation policy in planning contexts
41. Nature
conservation policy in planning contexts
PART
3 Protection of species
Protection
of animals
42. European
protected species of animals
43. Protection of certain wild animals: offences
44. Protection of certain wild animals: defences
45. Prohibition of certain methods of capturing or killing wild animals
Protection
of plants
46. European
protected species of plants
47. Protection of certain wild plants: offences
48. Protection of certain wild plants: defences
Interpretation of Part 3
49. Interpretation of Part 3
PART
4 Additional protection of habitats and wild animals and plants
Surveillance and monitoring
50. Surveillance
of conservation status of habitats and species
51. Protection of certain animals and plants from exploitation
52. Monitoring of incidental capture and killing
53. Protection from incidental capture and killing
Introduction of new species
54. Introduction of new species from ships
PART 5 Licences
Grant of licences
55. Licences for certain activities relating to animals or plants
56. Licences for the introduction of new species
57. Licences: general provisions
Relevant licensing body
58. Relevant licensing body
Offences
59. False statements made for obtaining licence
60. Offence of breaching licence condition
PART
6 Assessment of plans and projects
CHAPTER 1 General provisions
Introductory provisions
61. Interpretation of Part 6
62. Application of provisions of Chapter 1
General provisions for protection of European sites and European
offshore marine sites
63. Assessment of implications for European sites and European offshore
marine sites
64. Considerations
of overriding public interest
65. Review of existing decisions and consents
66. Consideration
on review
67. Co-ordination where more than one competent authority involved
68. Compensatory
measures
69. Modifications of regulations 63 to 68 in certain cases
CHAPTER 2 Planning
Planning permission
70. Grant
of planning permission
71. Planning permission: duty to review
72. Planning permission: consideration on review
73. Planning permission: effect of orders made on review
74. Planning
permission: compensation
General development orders
75. General development orders
76. General development orders: opinion of appropriate nature
conservation body
77. General development orders: approval of local planning authority
78. General development orders: supplementary
Special development orders
79. Special
development orders
Local development orders
80. Local
development orders
Neighbourhood development orders
81. Neighbourhood
development orders
Simplified planning zones and enterprise zones
82.Simplified planning zones
83. Enterprise zones
Development consent under Planning Act 2008
84. Grant
of development consent
85. Development
consent: review
Interpretation of Chapter 2
86. Interpretation of Chapter 2
CHAPTER 3 Highways and roads
87. Construction or improvement of highways or roads
88. Cycle tracks and other ancillary works
CHAPTER 4 Electricity
89. Consents under Electricity Act 1989: application of assessment and
review provisions
90. Consents under Electricity Act 1989: procedure on review
91. Consents under Electricity Act 1989: effect of review
92. Consents under Electricity Act 1989: compensation
CHAPTER
5 Pipe-lines
93. Authorisations under Pipe-lines Act 1962: application of assessment
and review provisions
94. Authorisations under Pipe-lines Act 1962: procedure on review
95. Authorisations under Pipe-lines Act 1962: effect of review
96. Authorisations under Pipe-lines Act 1962: compensation
CHAPTER 6 Transport and Works
97. Orders under Transport and Works Act 1992: application of assessment
and review provisions
98. Orders under Transport and Works Act 1992: procedure on review
99. Orders under Transport and Works Act 1992: effect of review
100. Orders under Transport and Works Act 1992: compensation
CHAPTER
7 Environmental Controls
101.
Environmental permits
102. Abstraction and works authorised under water legislation
103. Marine works
104. Derogations in relation to nitrate pollution prevention legislation
CHAPTER
8 Land Use Plans
Land use plans
105. Assessment of implications for European sites and European offshore
marine sites
106. Assessment of implications for European site: neighbourhood
development plans
107. Considerations of overriding public interest
108. Co-ordination for land use plan prepared by more than one authority
109. Compensatory measures
Planning
Act 2008
110. National
policy statements
Interpretation of Chapter 8
111. Interpretation of Chapter 8
CHAPTER
9 MARINE POLICY STATEMENTS AND MARINE PLANS
112. Marine policy statement
113. Marine plan
PART
7 Enforcement
Wildlife inspectors
114. Wildlife
inspectors
Powers of entry
115. Powers of entry: constables
116. Powers of entry: wildlife inspectors
117. Powers of entry: other authorised persons
Powers of search etc.
118. Constables’ powers of search, etc.
Powers in relation to specimens and samples
119. Powers in relation to samples: constables
120. Powers in relation to specimens and samples: wildlife inspectors
121. Restrictions on taking samples from live specimens
Offences
122. Attempts and possession of means of committing offence
123. Obstruction of persons exercising powers of entry under regulation
117
124. Obstruction in connection with constables’ powers to take samples
125. Offences in connection with wildlife inspectors’ enforcement
powers
Codes of practice
126. Codes
of practice
Miscellaneous
127. Advice
and assistance from nature conservation bodies
128. Forfeiture
129. Proceedings for offences: venue and time limits
130. Offences
by bodies corporate etc.
131. Application
of criminal offences to the Crown
Interpretation of Part 7
132. Interpretation of Part 7
PART 8 Final Provisions
133. Powers
of drainage authorities
134. Advisory role of the Joint Nature Conservation Committee
135. Advisory role of Natural England, the Natural Resources Body for
Wales and Scottish Natural Heritage
136. Research
137. Local
inquiries
138. Notices
139. Consequential Amendments
140. Revocations
141. Transitional provisions
142. Review: England
Signature
SCHEDULE 1 Special Nature Conservation Orders: Procedure
SCHEDULE 2 European
Protected Species of animals
SCHEDULE 3 Excluded populations of certain species
SCHEDULE 4 Animals which may not be captured or killed in certain ways.
SCHEDULE 5 European
Protected Species of plants
SCHEDULE 6 Consequential Amendments
SCHEDULE 7 Revocations
Explanatory
Note

Access
to Neighbouring Land Act 1992 Ancient
Monuments and Archaeological Areas Act 1979 Beaumont
Vs Florala 2020 - Right to Light case precedent Criminal
Damage Act 1971 Criminal
Law Act 1977 European
Communities Act 1972 Fraud
Act 2006 Party Wall Act 1996 Planning
(Listed Buildings and Conservation Areas) Act 1990 Prescription
Act 1832 R
v Dytham 1979 QBD, Malfeasance in Public Office R
v Sussex Justices ex-parte McCarthy 1924, bias undoes conviction The
Conservation of Species and Habitats Regulations 2017 The
Wildlife and Countryside Act 1981 (as amended)

THE
ONLY
ONE LEFT - This unassuming building is believed to be the earliest
surviving example of electricity generating and load leveling on the
planet. In the world of industrial archaeology, this is a gem. All the
more intriguing for being nestled out of the way in the country. Notably
not understood for it's importance by local politicians and even some
immediate neighbors. Some of which had in the past wanted
to purchase it, simply to knock it down. Sadly, with the local authority
aiding and abetting such ambition. We hope those days are gone for good.
But the fact remains, that the building still has no reasonable or
beneficial use. Despite a Court Order from 2003/4, where Wealden DC
agreed to rectify that malady. Progress was made up to 2008, then all
cooperation ceased. It has been 14 years, and once again we are waiting
for answers to correspondence, as to what the council intend doing to
remedy their maladministration.
The
heritage asset above in included on Step 4 of a Monument Protection
Programme focusing on the electrical generating industry, and how it
began. There are two recent planning applications affecting this
building. One was a Major development for up to 70 houses in the
adjacent field. The other was from within Lime Park, from the new owners
of The
Old Rectory, in 2022, Ms
Finn and Mr
Flood. Yet, it seems (it is alleged) that no Heritage Statement
accompanied their application: WD/2022/0497/F, and no Notice as to the Party
Wall Act was given concerning the Generating Buildings. No
clarification has been forthcoming from the applicants, the council or
East Sussex County Council.
REFERENCE
https://www.lawteacher.net/acts/european-communities-act-1972.php

2022 -
Herstmonceux in Sussex is not what it used to be. Villagers are being
forced to rent in towns, rather than being able to live where they were
brought up - at reasonable prices. In modern England, councils are
operated against the interests of young families. Rents for new builds
in Herstmonceux are exorbitant. There are no genuinely affordable
houses. Wealden only grant consent for executive housing in major
development. Wealden provide no rolling stock of land for affordable
(self builds) flat packs, etc. The rich get richer and the poor,
poorer. This seems to be the Conservative way, with Labour failing to
change statute, when they finally get voted in.
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