Mill demolition rejected

Members decided at Thursday's planning committee meeting to refuse listed building consent to tear down the remains of the Down Mill.

Old Mill Park residents' management company had applied for permission to demolish the remains - the only sort of its type in the town.

The group say the structure is potentially dangerous and repairs would be expensive and only last in the short term.

It was a condition of planning consent for Old Mill Park that the ruin should be maintained.

A letter to the council says the Old Windmill Management Company's obligation to maintain and repair the structure under a Section 106 Agreement does not cover "replacement".

However members were told by legal services manager David Edwards he disagrees with the company's interpretation and the group have a duty to replace timbers under the terms of the agreement.

An inspection by Rother officers revealed the structure was not in danger of immediate collapse.

Mr Edwards also informed councillors the management company and their insurers would be liable for any damage caused by the structure.

He said: "There is obviously a legal dispute between myself and the residents association regarding the interpretation of the planning obligations.

"I reject the case put forward by the management company that because things need to be replaced that isn't repair. That is, I think, legally inaccurate."

When pressed on the legal position by councillors Mr Edwards added: "Am

I 100 per cent certain? Obviously not or I wouldn't talk about taking counsels advice. But am I reasonably certain? Yes."

Cllr Brain Kentfield said: "The mill sat up there (at Old Mill Park) is one of the few examples in Bexhill specifically and in Rother - we don't have many mills.

"It is a part of history we should preserve. If the company doesn't do it, I believe we have the power to carry out the work ourselves and charge the work on the site to the houses. I hope the house owners are aware of that and the insurers are also aware of their responsibilities."

Rother chief planning officer Frank Rallings said the case was likely to go to appeal, which would at least see the debate cleared up by an independent inspector with experience in listed buildings.

Committee member Cllr David Vereker asked his vote against the recommendation be recorded as he felt legal uncertainty made the refusal unwise at the present time.

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