CONVERTED STABLES - Part of the Lime Park estate that once belonged to the Baron Karl von Roemer, and his son, Charles de Roemer, this nice stable square had been converted to residential accommodation with garages and a store. Now, the subject of a potential dispute under the Party Wall Act 1996, that was revealed in June of 2022, when the owner of this property failed to serve notice as to intended works.

Before Peter Townley passed on 22nd September 2019, he and his daughter Alison Deshayes, made what appears to be a false allegation about foul and grey water escaping from faulty plumbing and drainage, seeping through into their asbestos outbuilding at The Old Rectory in Lime Park, just outside the village of Herstmonceux, East Sussex.

At the time they had a builder/roofer working for them named John Oliver. It appears that Mr Oliver had sought to interfere in the right to drainage, previously enjoyed by Herstmonceux Museum and Lime Park Heritage Trust, presumably operating at the behest of and with encouragement from Mr Townley and Ms Deshayes - hence a conspiracy triangle.

We have seen photographs of Mr Oliver's work, blocking a drainage gully with sand and cement. It is alleged that he also destroyed fencing to the rear of the old Generating Station and smashed down camera's aimed at the drainage and at each other, that had been installed to try and catch him in the act. But Sussex police would not prosecute without hard evidence, such as a photograph or an eye witness account. Mr Oliver was interviewed by the police about discriminatory remarks amounting to Hate Crime, but denied the allegations. Mr Oliver bragged about his actions to others in Lime Park, but was eventually sacked by Clare Askaroff, when he was questioned as to these and other issues. Sussex police did not interview anyone else in Lime Park, and a gardener who worked for Mr Townley at that time declined to get involved. Though he was a material witness.

At about the same time as this was going on, Wealden and Rother District councils paid a visit to Herstmonceux Generating Station, asking to inspect the drains. There was an allegation from Peter Townley and Alison Deshayes, that foul smelling water seeping into their asbestos outbuilding, was caused by the occupiers of the Generating Station.

HOLLY BUSH

Some time later, and after The Old Rectory was sold to Ms Jill Finn, Nigel Flood paid a visit to the Generating Station.

Jill Finn and Nigel Flood came onto the scene in 2020, and shortly after taking possession of the Old Rectory, enquired of a volunteer conservationist as to foul smelling liquid dribbling into their asbestos roofed outbuilding.

The conservationist took one look at the liquid seeping through the wall, and took a series of photographs to record the event. The liquid did indeed appear to be foul waste, and seemed to accompany the operation of taps and toilets from the Generating Station. But he could not understand how that could be, because the former Electricity Works, had not undertaken any drainage works. The drains were original, dating from C. 1900.

A drainage expert was called, a fine fellow with a superbly equipped van, with long hoses and high pressure jets. He set about clearing a blockage using a drain outside the Rectory cottage, facing into Lime Park. The manhole cover to this inspection hatch was very rusted, and due for replacement, but could be lifted.

The drainage expert pulled out buckets of grit, sand and earth, that could not have come from the Generating Station, because all flushes were by small bore pumps, that have filters built in as standard. He pulled back grit and earth flowing downstream of the manhole, then turned his attention to clearing the drain upstream of the same manhole. In the process, a number of buckets of solids were filled.

Working backwards towards the asbestos outbuilding, the drainage expert discovered a corner inspection manhole, without a proper cover, and with a well established holly bush growing over the top of the brickwork.

With permission from Nigel Flood, the holly bush was carefully removed, when it was possible to lift a paving slab, and see into the inspection tower. Then it became clear, that a crack in the brickwork, presumably from the substantial roots of the holly shrub, was allowing grit and earth to enter the drains.

As there was a blockage downstream, when sinks and toilets were emptied together, or when showers were being taken, the water build up in the tower, could escape through the fissure in the brickwork.

DENIAL OF ACCESS

Peter Townely and Alison Deshayes had made efforts to prevent access to this alley in recent years (since 2006), allowing the dividing passage to become overgrown with brambles and ivy, to the point where it lifted off guttering from the rear of the Rectory garages and store, doing much the same to the outbuilding adjoining the Generating Station. The damage to the Generating Station buildings was significant, penetrating the walls and lifting guttering.

Eventually, the brambles were cleared at the expense of the Generation Station between 2013-2017. The guttering was repaired and a drainage gully installed, to ensure rainwater drained into the shared drive, and did not remain in the shared alley. Peter Townley had made no such provision on his side. But called the police when workers were carrying out necessary repairs and clearing of weeds, in an attempt to prevent access, in denial of the right of access under the provisions of the Access to Neighbouring Land Act 1992.

This visit by Sussex police in 2019 was audio recorded, as was a visit by Sussex police in 2022. Very useful for compare and contrast, and evidence for the courts as and may be necessary in correcting this and other injustices.

Ms Jill Finn and Mr Nigel Flood appear to be adopting similar tactics to Peter Townley, in also denying access for maintenance, as the photographs on this and other related pages demonstrates.

The siege perpetrated by Peter Townley lasted some thirty plus years. Slowly his bullshit stories and dubious evidence was undone, as the facts emerged to disprove his assertions. Peter Townley gave evidence in the County Court, Magistrates Court and at a Planning Appeal, Public Inquiry. All of his evidence has been shown to be unreliable. Sadly it has taken years to unravel his scatological diatribe.

It appears, and it is alleged, that Jill Finn and Nigel Flood are/have embarking/embarked on a similar course of action, including seeking to take light from the Generating Buildings. This was another matter where Peter and June Townley sought to disadvantage those seeking to preserve the historic asset. All parties being in denial of the archaeological interest inherent in the extant buildings, now proven by experts. But yet which the antagonists appear intent on denying, since it was inconvenient to Peter Townley, who has tried and failed to purchase the Generating Station at an undervalue. And it may be inconvenient to any future developer with eyes of profiting from development within Lime Park, or on adjacent land.

It remains to be seen if the new occupiers of the Old Rectory, are "in it for the long haul," as Mr Flood repeatedly asserted through 2020-2021 (according to the volunteer conservationist), or if they are simply developing the Rectory, aiming to sell for a quick profit. It is noted that in 2020, Mr Flood said the "money is cheap at the moment." Inferring that loans for development were worthwhile. But it is by no means clear if that is what he meant, or if his son Matthew, who studied banking and economics, was influencing Mr Flood's rhetoric generally.

Wealden District Council also spent years denying the history, through multiple planning applications from 1986 to 1998, and multiple High Court actions, until finally conceding they got the history wrong in 2004, with a Consent Order in the Eastbourne County Court, but only after East Sussex County Council had secured a Report by London University, in 1999. Evidence that their hard-core of planning and executive officers found hard to discredit.

Here in 2022, some thirty-six years after service of an Enforcement Notice, and eighteen years after their Agreement by Consent in the County Court, Wealden have still not corrected their maladministration. Leaving the historic asset without a reasonable and beneficial use. That is of course an abandonment of their duty to conserver the historic built environment.

This is the subject of ongoing negotiations, hoping for an amicable solution. Where the asset is a potential UNESCO World Heritage Site in the making. Inconvenient as that may be to property developers all around Lime Park and the local authority.

UNAUTHORISED DEVELOPMENT

In 2022, the owner/occupiers of The Rectory, applied for planning permission under WD/2022/0479/F, withdrawing that application but proceeding to build more or less that shown in that application, without the benefit of planning permission.

The offer of a free re-submission by Wealden District Council was acted on with application WD/2022/1743/F. The application would be retrospective, the conversion having begun shortly after filing WD/2022/0497/F, even though that application was withdrawn. Thus, when the development began it was unauthorized. Ms Finn and Mr Flood (during the interim period) claiming permitted development rights. But then with the application in July, the applicant's appear to be seeking to regularize the work they claimed was permitted previously. Stacey Robbins is the head of Wealden's planning department, with Sally Simpson the assigned case officer.

We should mention here that unauthorised development is not unlawful or illegal, unless it becomes the subject of enforcement action, and that matter is upheld by the Secretary of State on appeal, or goes unchallenged.

But it sometimes happens that where planning consent might not be granted, a property developer chances their arm, in the hope that permitted development rights might cover the development that has taken place.

Indeed, lawful use rights may be acquired in any event, if such a development takes place for 4 years unchallenged, relating to residential occupation, and 10 years in the case of a mobile home, or other commercial activity.

The potting shed is seen here with a corrugated iron roof, painted an orangey-pink colour by Peter Townley. This shed was demolished by the present occupiers, with Advance Space acting on behalf of their clients. The demolition took place without notice. Note, this picture was taken some time ago.

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

Fraud Act 2006

Party Wall Act 1996

Planning (Listed Buildings and Conservation Areas) Act 1990

Prescription Act 1832

LINKS & REFERENCE

https://find-and-update.company-information.service.gov.uk/company/11628865/officers

https://find-and-update.company-information.service.gov.uk/company/11628865/filing-history