Ownership of Land

jb201 wrote: »

Where can I download this from please? Is this showing the part in front of the station, i.e. the part they are trying to claim?

http://planningpa.lewes.gov.uk/online-applications/applicationDetails.do?activeTab=externalDocuments&keyVal=ZZZZ3YJDXD151

Hopefully that link works, if not search for the planning application reference number and then select the 'Documents' tab.

It seems best to download and save the PDF rather than trying to use the online viewer.

Bear in mind this doesn't prove the owner of the pumping station owns the land, it just shows there is a need for the PS owner to be able to access the pumping station for maintenance - for example if they needed to use a crane to lift equipment in and out. If the land is in private ownership that would make it difficult to carry out work, especially in an emergency.

Also, it looks like there is a manhole on the land in question. People parking on top of this might mean the water company cannot access whatever is under the manhole cover if there was an emergency - so would be good grounds for the 'parking space' to become 'authorised vehicles only'.

And finally, I would expect the area between the bricked paved area and the claimant's property to be a public right of way (if not established then by historic use), so even if they could claim the bricked paved area as theirs then they might have problems incorporating it into their curtilage. (the plan suggests it is constructed as a cycleway?)

jb201 wrote: »

I am going here right? http://planningpa.lewes.gov.uk/online-applications/

and then where am I entering LW/85/1785 ?

Yes, then enter the ref no in the box marked -

"Enter a keyword, reference number, postcode or single line of an address."

That should bring up two results - the outline application which is the one with the plan and has that application reference number, and secondly an approval of reserved matters application which has a different reference (LW/86/0209), but refers back to the outline application.

The reserved matters application (LW/86/0209) is the one for which the documents cannot be viewed online. Ideally you need to get hold of these as well. If you are very lucky the council might email them to you, but I would phone the number 01273 484420 given on the site to ask.

Davesnave mentioned the signs that appear to have been put up on the fence. I can't see the detail on your picture, but are these put up by the neighbour, or are they something to do with the pumping station? Emergency contact details for example?

You should really make sure the owners of the pumping station are aware of what is going on and get them to object as well. If it is the local water company then I'd contact them.

Ideally, rather than speaking to the water company property department (whose job usually is to make money by disposing of land ) you need to get hold of the operations department who will be held responsible if the pumping station fails and they are unable to repair it quickly due to obstruction or non-ownership of the access. The payout/fine in event of flooding or discharge into a watercourse is substantial, so operation departments tend to be more concerned about this kind of thing.

If the notice on the fence has an "In case of emergency" contact number I'd be tempted to phone this as the easiest way to get through to the right people. It is a bit cheeky, but sometimes is the most effective way of making contact with the people who know what they are talking about. Needless to say, if the number given is "999" don't call that one

If a pumping station breaks down and cannot be repaired quickly the usual response is to bring in a tanker to empty the contents of the pumping station and to stop it overflowing. It follows that if access in an emergency is not possible then the risk of a pollution event is much higher. There are powers for vehicles to be removed if they are blocking emergency access to manholes on the public highway, but as far as I know the same powers are not available in relation to private land (unless specified in an easement or similar).

As it appears your house and garden is at a lower level than the top of pumping station then you have a personal, not just 'civic' interest in ensuring emergency maintenance access is maintained. I would include this point in your own objection, even if you cannot get the water company interested.