
Ponds
are frequently endangered by developers of housing estates, as is this
one near Herstmonceux
in East
Sussex,
England. In this case, Latimer Homes and the Clarion Housing group are
proposing drainage that is sure to dry out the ponds and cause major
upset to the wildlife in this location that depends on the water from
adjacent fields to survive. This is a whole ecosystem, including ducks,
toads, fish, herons, and great crested newts. The houses are more over
development of executive homes for renting landlords, where in the UK
there is an acute shortage of genuinely affordable housing, so
perpetuating the rent trap that young families cannot escape in their
lifetime. The A271
is already
overloaded with traffic that routinely causes dangerous potholes in the
village high street every year. And the proposed access is so dangerous
that it has been named locally: Suicide
Junction. It is
unclear if the local farmer at Lime End Farm is agreeable to the
proposal, or if the local
Wealden
District Council will
be exercising their compulsory purchase powers. The initial application
in 2015 came as a shock to local residents, with over 300 people
attending the village hall to object to yet more inappropriate local
development. In addition, the location is home to the only
electricity
generating station
in the world, featuring battery load levelling from C. 1896. Hence, a
potential UNESCO
world
heritage 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.
Critically, the pond network is an integral part of the setting of the
unique local heritage asset: the only surviving early electricity
generating station in Europe. This building is a significant historical
landmark, and its setting, including the ponds and surrounding
landscape, contributes significantly to its historical and architectural
significance. 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
land drainage diversion would severely compromise this historical
setting and diminish the heritage value of the site.
The developers of the field at Lime Cross in Herstmonceux A271 have applied for a pipe to drain the field of natural surface water, through a pipe (presumably) under Church Road or Chapel Row, into a field on the opposite side of the road, into Lime End Farm.
This could have the effect of starving the two long established ponds in Lime Park of water, eventually starving those ponds that are reliant on the water from the adjacent field to keep:
Ducks,
Moorhens,
Toads,
Herons, Fish and
Great Crested Newts alive. Many villagers wonder if a proper study has been carried out, where it is alleged that
Southern Water/South
East Water demolished Badger Sets, claiming to have conducted a study. But in fact that study was defective, and the company have refused (so far) to provide a copy for inspection.
Residents of Herstmonceux Village, who might be concerned as to over development, the loss of dog walking and most of all, the threat to wildlife, are being urged to write to the planning department at
Wealden District Council in the following (suggested) terms:

Angela
Rayner - Housing & Communities Secretary of State

Steve
Reed - Department Environment, Food & Rural Affairs Secretary of State
Dear 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.
The same prescriptive right applies to dog walkers, who use, and have carved out additional paths circumnavigating and criss-crossing the field, about which the Footpath Warden appears to have been unwilling to update your Council's records. Such footpaths being enjoyed for over 40 years.
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,
moorhens,
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
(Museum)
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 sincerely,
Strenuous
Objector
Concerned of Herstmonceux/Hailsham/Etc
[Your name and address]
UK
GOVERNMENT GUIDANCE - GREAT CRESTED NEWTS NEED PROTECTION AND LICENCES
What you must do to avoid harming great crested newts and when you’ll need
a licence.
Great crested newts are a European protected species. The animals and their
eggs, breeding sites and resting places are protected by law.
You may be able to get a licence from Natural England if you’re planning
an activity and can’t avoid disturbing them or damaging their habitats
(ponds and the land around ponds).
Use the Froglife
website to identify great crested newts.
WHAT YOU MUST NOT DO
Things that would cause you to break the law include:
- capturing, killing, disturbing or injuring great crested newts
deliberately
- damaging or destroying a breeding or resting place
- obstructing access to their resting or sheltering places (deliberately or
by not taking enough care)
- possessing, selling, controlling or transporting live or dead newts, or
parts of them
- taking great crested newt eggs
You
could get an unlimited fine and up to 6 months in prison for each offence if
you’re found guilty.
Find
out what to do if you’ve seen wildlife crime and how to report it.
ACTIVITIES THAT CAN HARM GREAT CRESTED NEWTS
Activities that can affect great crested newts include:
- maintaining or restoring ponds, woodland, scrub or rough grassland
- restoring forest areas to lowland heaths
- ploughing close to breeding ponds or other bodies of water
- removing dense vegetation and disturbing the ground
- removing materials like dead wood piled on the ground
- excavating the ground, for example to renovate a building
- filling in or destroying ponds or other water bodies
Building
and development work can harm great crested newts and their habitats, for
example if it:
- removes habitat or makes it unsuitable
- disconnects or isolates habitats, such as by splitting it up
- changes habitats of other species, reducing the newts’ food sources
- increases shade and silt in ponds or other water bodies used by the newts
- changes the water table
- introduces fish, which will eat newt eggs or young
- increases the numbers of people, traffic and pollutants in the area or the
amount of chemicals that run off into ponds
In
many cases you should be able to avoid harming the newts, damaging or
blocking access to their habitats by adjusting your plans. Contact an
ecologist for more information about how to avoid harming the newts.
If you can’t avoid this, you can apply for a mitigation licence from
Natural England. You’ll need expert help from an ecologist:
- Chartered Institute of
Ecology and Environment Management
- Environmental Data services
(ENDS) Directory
Find
out more about construction that affects protected species.
Other licences
are available for different activities.
POND MANAGEMENT
You won’t need a licence for many cases of standard pond management works,
but you will need to plan the work well to minimise the risk of deliberate
killing, injuring or disturbing newts. By working carefully, you’ll make
sure that your pond habitat recovers the following year.
Your work should normally be carried out in late autumn through winter,
typically between early November to late January, when great crested newts
are least likely to be present in ponds.
This time period varies per pond because some adults may live in some ponds
in winter, or in some cases newts may leave the pond much earlier. If you
have to do work in the summer months, for example because of ground
conditions, then you’ll almost certainly need a licence.
You’ll need to consider the impact of the work on great crested newts
before you start pond management. You should survey:
- the pond to check for great crested newts (or other protected species)
-
the area immediately around the pond to consider whether the work will
affect surrounding terrestrial great crested newt habitat
You
should remember that large machinery can damage habitat and hibernacula. You
must not deposit the silt removed from ponds on areas used by great crested
newts.
You should immediately stop work if you find great crested newts in the pond
before or after you start work if you’re doing pond management work
without a licence. You should start your work at a different time or do it
in a different way to avoid harming the newts. If you can’t avoid harming
the newts then you’ll need to get a conservation licence.
Check the Great
Crested Newt Conservation Handbook for information on habitat
management, pond creation and restoration.
ACTIVITIES YOU DON'T NEED A LICENCE FOR
Activities you can do that wouldn’t break that law include:
- rescuing a great crested newt if it would die otherwise
-
doing work to a pond during the winter when no great crested newts are
likely to be present
....
LINKS & REFERENCE
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