Residents whose gardens are collapsing have been left in “a terrible legal limbo” because of a legal wrangle over who is responsible.
People living in Rossetti Gardens, built in 2016, say they have lost about a third of their gardens since the land collapsed – and are scared even more could give way.
Meanwhile, people living in Etchingham Drive below are worried the collapses could spread to their gardens and homes next.
This week, councillors heard that Hastings Borough Council and housebuilder Park Lane Group are in legal negotiations over whose responsibility the collapses are.
Residents of Etchingham Drive asked a meeting of the council’s cabinet on Monday who owns the strip of land between the two streets, and, if it does, whether this means it has responsibility for improving the situation.
Cabinet member Mark Etherington said: “You must feel caught in a terrible legal limbo and believe me, we are absolutely focused on it.
“I am afraid that once it becomes legal, it doesn’t go as fast as you would like it to.
“What we are doing concretely is to attempt to get a sharable report from our own tester, which we can share with you and together we can work out the next steps.
“I appreciate that it is not very concrete for you now, but that is where we are in the legal process. Believe me please, we are focused on it and we absolutely understand and sympathise with the situation you are in.”
He added: “The issue of the ownership of the land is not necessarily the fundamental factor. The issue is what has affected the land and how.”
The streets were mentioned in a written land stability update by Sarah Tye, the council’s land stability project manager.
It says the council is working with a geotechnical contractor to produce “a sharable document for residents” with more information about the land stability situation following recent surveys of the site.
The report also says the council is “working closely with residents to consider next steps and potential options for remediation.” However, it also stresses that there is “no indication that the council is liable for the damages” at this stage.
During the meeting, Labour ward councillor Danuta Kean said she was “disappointed” with Cllr Etherington’s answer to the questions from residents.
Cllr Kean said: “People on Rossetti Gardens are worried that not only have they lost a third of their gardens at the end, it is gradually getting closer and closer to their houses.
“The problem for the people of Etchingham Drive is that exactly what happened three years ago is starting to happen for them.
“This happened before all of these other areas and nobody has really been addressing this for a long time.”
In response, Cllr Etherington said: “I have explained it is a legal issue and it concerns public money. These things, as you all know, however frustrating, cannot be instantly resolved.
“I know that Sarah [Tye, the council’s land stability project manager] … is working pretty hard on this issue and we all accept that. One has to accept too that we are working in good faith and trying to accomplish what it is you want us to accomplish.
“But these are not easy things to do when a legal dispute has arisen.”
