Update on the new developments in Badgers Mount

Land opposite Parish Field, and Land East of The Cottage, Badgers Road

There has been a lot of discussion recently about the latest developments around Badgers

Road. A number of residents have expressed concern about the construction works going

on at the Land East of The Cottage, and about the activity on the Land opposite Parish Field.

The Parish Council understands and shares these concerns. We have been in constant touch

with the Enforcement Agencies to ensure that there is no Planning breach or unlawful

activities, since it was brought to our attention mid-June. The Parish Council has also had a

conversation with the owner of the development, who has assured the Council that the

arrangements are temporary.

The purpose of this note is to set out the Parish Council’s understanding of the current

situation.

It should first be emphasized that the Parish Council has been advised that none of the

activity to date is unlawful or constitutes a breach of planning permission.

Development of the Land East of The Cottage, to construct a new dwelling, partially

underground, was granted planning permission in July 2020 (SE/20/00266/FUL). The

construction requires the excavation of earth, sand and other materials. There is a

temporary arrangement to pile and store the excavated materials on the land opposite

Parish Field. Much of the earth will be returned to the development site at the conclusion of

the building works in February – April 2023. This temporary storage arrangement is

considered preferable, in the interests of keeping the lorry traffic on Badgers Road to a

minimum.

SDC planning enforcement have been informed and will be monitoring the case over the

coming weeks and months to ensure that this remains a temporary arrangement whilst the

works are being carried out.

Some of the issues that have been brought up by the Residents with regards to this

development and are currently being monitored are:

 Removal of the green verges - KCC PROW are aware of the situation. Since Badgers

Road is a byway and none of the criteria (as listed below) have been violated, KCC

are reluctant to interfere. The Parish Council has been assured by the owner that

the bank alongside the Land East of The Cottage will be restored at the conclusion of

construction.

o The work should not damage the public right of way such that it interferes

with the use of it, creates a danger or narrows/restricts access to any part of

the path to which the public formerly had access

o Use of the new access should not cause a danger to the public using the

path, i.e. emerging blind onto the path where users may be hit

o The use made of the access should not exceed the level of the public right

unless private rights of a higher level can be demonstrated, i.e. access onto

a public footpath should be for pedestrians only. In this case the public right

is a byway open to all traffic, so a vehicular access is acceptable

o No gate at the access should open out across any part of the public right of

way

 Creation of open access to the Land opposite Parish Field-There is some speculation

that the exposure of the open field might result in the placement of mobile

homes/travellers. However, it would be difficult to bring in caravans through

Badgers Road without anyone noticing, Again SDC have been informed of this

possibility. Furthermore, the Parish Council understands that the owner of the site is

strongly opposed to travellers settling on the site.

 Destruction of hedgerows - The Council is waiting on response from KCC on how this

can be restored.

The enforcement agencies are aware and alert and we will have to let them do their jobs.

We have to rely on the efforts of the District Council enforcement teams as the Parish

Council has no powers in this area. Please let the Parish Council know of any new

developments by sending an email to badgersmountclerk@gmail.com. We are doing our

best to keep our eyes open on any further or adverse developments and to keep the

pressure on the enforcement agencies to ensure that any planning breaches or unlawful

activity are responded to immediately. Together we can make sure that we keep our Parish

safe and beautiful part of the AONB

Finally, the Parish Council has been asked about future plans for the Land opposite Parish

Field. We have no knowledge of any such plans. We believe there have been several

attempts, over the years, to obtain planning permission for the site, but to date the site

holds no planning permission of any kind. Any development would have to go through the

normal planning application process.

Sincerely Yours,

Cllr John Grint

Chairman, Badgers Mount Parish Council

27 th July, 2022