Works begin at West Sussex beauty spot despite planning application refusal; council asks landowner for clarification

Photos taken of the West Sussex beauty spot on Thursday (May 15) showed a small digger carrying out works at the site.

It has since become apparent that a sandpit is being dug out.

A Worthing Borough Council spokesperson said: “We've been made aware of the activity and have written to the landowner for clarification about what he is doing there. We will then consider whether any enforcement action is necessary.”

The company responsible, Goring Gap Ltd, has issued an explanation on its website.

This reads: “Work has begun on the children’s sandpit, tumble down mound, boules and bar area. There will soon be 23 flag poles proudly waiving the Union Jack, Worthing and Sussex colours.”

On March 18, the council formally rejected proposals (AWDM/0099/24) for the construction of a large sandpit for children – with a large gazebo for shade over – for the land south east of Amberley Drive, Marine Drive.

The proposal requested the installation of a boundary fence and the placement of three further gazebos around the main sandpit, selling cold and hot drinks, snacks, with ‘additional other concessions on the site to offer food services’.

Goring Gap Ltd also proposed to install security CCTV to ‘enable children to view wildlife online’.

It planned to set aside an area for parking; insert sunken posts inside the land; place a flowerpot boat on the edge of the land; install a fenced boules sand pit and a flag pole – ‘no more than 4.6m with a flag of either country or town colours’.

Despite the application’s refusal – which was appealed – a previous public statement by the developer, on April 23, said that Worthing Borough Council had issued a premises licence.

The landowner added: “In the summer months our intended hours of operation will [be] Monday to Sunday – 8am to 11pm.

"We will shortly be on site getting the site ready. It will soon become apparent there will be lots of flag poles. Very colourful!

"As I’m sure many will appreciate it has become very necessary to study the law, with regards to what we can and can’t do on site.

"We are still appealing the planning inspectors’ ruling and will update you with details as we make progress.”

The council’s decision notice in March stated that ‘sufficient information’ had not been provided to ‘satisfy the Local Planning Authority’ that the use and operations described in the application ‘would be or are lawful’.

The document added: “The proposal is therefore contrary to Section 192 of the Town and Country Planning Act which states that where such information is not provided, the local planning authority will refuse the application.

"It has not been demonstrated to the satisfaction of the local planning authority that the proposal involving proposed leisure uses, and associated development, including alterations to the existing entrance are lawful.

"The proposed leisure related uses would involve a material change of use of the land, which was previously agricultural and the associated works would be operational development. Consequently the local planning authority is satisfied that the proposal constitutes 'development' under S55 of the Town and Country Planning Act 1990 (as amended), and that it is not lawful under S192 of the act.”