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Extensions, pools and porches will need planning permission under new landslide safety rules

by Huw Oxburgh, local democracy reporter
22 January, 2025
in News
0
Extensions, pools and porches will need planning permission under new landslide safety rules

House extensions and alterations in some areas of St Leonard’s where landslides are becoming more frequent will need planning permission under new rules being proposed.

The creation of cliff stability areas, where approval will be needed for building work which usually needs no planning permission, are to go before Hastings Borough Council’s cabinet next Tuesday.

Three homes are still uninhabitable following a major landslide in November 2023 – and geological readings there show more movement than usual.

If the cliff stability areas are approved, a legal mechanism known as an Article 4 Direction will be implemented for the West Hill Road and Marina area.

The council says the measure is prompted by concerns around land stability, pointing to a number of land slides which have occurred over a number of years.

In a statement released ahead of the meeting, council leader Julia Hilton (Green) said: “The Article 4 Direction for the West Hill Road/Marina area is very important for protecting residents who live in that area and those who have businesses from the land stability issues that are becoming more frequent.

“This is one piece of work that is being done around land stability, and if it is agreed I hope it gives everyone in that area some reassurance about any future development.”

According to meeting papers, permission will be needed for extensions and alterations to existing properties as well as external changes such as porches, swimming pools and off-road parking areas.

The restrictions will not necessarily prevent such works taking place, but would give the council the ability to “assess and mitigate” any impact before the works take place.

Applicants would need to go through the normal planning process, including the payment of any fees associated with the application.

If planning permission is refused for certain works, a property owner would have the option of applying for compensation based on the reduced value of the land as a result of not being able to develop it.

To issue an Article 4 Direction the council needs to demonstrate that not implementing it would be “prejudicial to the proper planning of their area or constitute a threat to the amenities of their area.”

The council says the history of landslides in the nearby area show this to be the case.

These include a major landslide on the land to the rear of West Hill Road in November 2023, which resulted in 13 properties being evacuated.

Two dwellings were issued Emergency Prohibition Orders (EPOs) — which prevent their occupation — and two others were issued hazard warning notices. Three properties remain uninhabitable, the council says.

The council has also pointed to movement monitoring readings taken at the Undercliff footpath. The council says these readings, which have been taken over the past four years, show movement “over and above the normal expected range”.

A full list of the properties expected to be named in the Article 4 directions (as well as maps of the areas) are available on the council’s website. They include properties in Caves Road, Keats Close, Grosvenor Crescent and West Ascent, as well as those in West Hill Road and Marina.

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