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Planning inspector turns down appeal by landowners who’ve been ordered to clear industrial-sized scrapyard at Brambletree Wharf at Borstal, near Rochester

An appeal to stall an enforcement action to clear what has been described as an industrial-scale scrapyard has failed.

Medway Council has served a notice on the “owners and occupiers” of Brambletree Wharf in Borstal, near Rochester, to halt the deposit of waste, remove existing rubbish and restore the riverside site to its original state.

Industrial-sized scrapyard - Brambletree Wharf, Borstal
Industrial-sized scrapyard - Brambletree Wharf, Borstal

Appeals lodged with the Planning Inspectorate by the landowners John Treeby and Jill Good claimed the requirements of the order were “excessive”.

But the inspector Hilda Higenbottam ruled the authority’s enforcement notice should be upheld. She also refused their application for an award of costs.

Activities carried out at the substantial plot in the shadow of the M2 motorway bridge have effectively turned what was marsh and farmland into a massive unsightly tip.

The alleged breach of control is described as “without planning permission the material change of use of the land to a mixed-use for the importation, deposit, processing and transfer of waste, the stationing of shipping containers for storage, vehicle breaking and repair”.

It also accommodates a residential caravan site, including the construction of buildings, fencing, gates and hardstanding.

Kelly Tolhurst, former MP, who has supported residents living next to the tip
Kelly Tolhurst, former MP, who has supported residents living next to the tip

Kelly Tolhurst, former Rochester and Strood MP, who has fought tirelessly on behalf of residents living nearby to remedy the situation, is delighted with the inspector’s decision.

She said: The inspector’s judgement is good news and could give the council stronger powers to act.

“It’s been a long time coming and a co-ordinated effort, but we are finally moving in the right direction.”

Mr Treeby and Ms Good’s requests for “lesser steps” which they felt would overcome objections and an extension of time were turned down.

They said they needed more time to submit planning applications to secure the property and pursue further development of the land.

Brambletree Wharf, Borstal - action being taken to clear scrapyard
Brambletree Wharf, Borstal - action being taken to clear scrapyard

The Environment Agency is also taking action against the landowner.

The agency estimates the waste to amount to nearly 34,470 cubic metres - enough to fill nearly 345 double-decker buses.

There are two appeal decisions for two sites relating to Brambletree Wharf.

The appeal decision for the larger site states the appellant has nine months to comply with the requirements of the enforcement notice.

Following the Planning Inspectorate’s ruling, the council needs to wait for six weeks as the appellant can challenge the decision through the courts if they feel the decision to be unlawful.

After this period, the authority will write to the landowners highlighting the requirements of the enforcement notice, and ask for a response which outlines their intentions and timetable for the measures to be undertaken within the allocated time.

If the requirements are not undertaken within this timescale or there have been no attempts to comply, legal advice is sought on potential prosecution through the courts for breach of the requirements of an enforcement notice.

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