Cala Homes' Scheme of Works and Rights of Light, effecting properties in York Road

37 Church Road
Royal Tunbridge Wells


Nigel Eveleigh, Esq
Head of Planning and Building Control
Tunbridge Wells Borough Council
Town Hall, Royal Tunbridge Wells

8 September 2002

Dear Mr Eveleigh

Telephone House -
CALAís Scheme of Works and Rights of Light, York Road

We received copy of a letter addressed to you by CALA Homes dated 5 September which Mr Mann wishes to serve as an answer to our representations dated 18 August. We were surprised to see that Mr Mann takes the initiative to answer a few of our remarks made to you regarding the scheme of works. You will be aware that answers to our questions are still outstanding from CALA and we believe that this applies to your queries as well.

Our immediate attention was drawn to paragraph 6, as it would appear that Mr Mann may not understand fully the implications of moving heavy plant and weighted lorries down York Road. We, of course, expect to and would receive compensation for any structural or other damage caused by CALA or their sub-contractors. However, we do not want any damage to occur and if CALA carry out a structural survey before any movements commence they will know the weight that the street can safely carry without damage to houses, ie they avoid any structural damage being caused. It seems to us to amount to almost criminal negligence for CALA not to carry out a structural survey. We entirely rely on your good offices to ensure that the structural integrity of all the buildings in York Road is maintained.

In paragraph 7 Mr Mann dismisses the Right of Light issue as not applying to discharging the Inspectorís Appeal Decision, Condition 15. We enclose our copy of a survey done for Nos 40 and 42 York Road of which CALA is fully aware. It conveys a Right of Light which, if not addressed, will result in an injunction obviating the development as presently proposed. The Right of Light issue needs to be addressed foremost as the consequences will result in a change of plans and their subsequent execution. This domino-effect may well present a completely new picture and might even result in the project not going ahead. We understand the demolition is linked to the development. We trust you will ensure that no demolition takes place before the Rights of Light has been settled to the satisfaction of the parties involved.

Please note that, contrary to Mr Mannís protestations, we have, so far, not received a detailed response to our points raised concerning the Scheme of Works.

Yours sincerely
Annemarie Topliss

cc: Cllr Roy Bullock, Portfolio Holder Planning and Transportation

The rights of light and loss of light issue

Is CALA Homes really going ahead with THAT scheme ?