Frequently Asked Questions - unauthorised engineering works at a site near Lurgashall

Q. What steps have you taken to respond to the situation?
A. We were made aware of unauthorised engineering operations at a site near Lurgashall, on Friday 2 May. We immediately sent planning enforcement officers out to assess the site and this led to a Temporary Stop Notice being served that day. Following this, caravans entered the site and so a second Temporary Stop Notice was issued relating to unauthorised vehicles and caravans on the site.

We have also taken further legal steps and sought an injunction through the High Court in London. This has been granted and served to the relevant parties. This is a court order that prohibits any further unauthorised work or vehicles and caravans on the site.

We have also issued a planning Enforcement Notice. This requires the relevant parties to return the land to agricultural land and to remove any unauthorised structures, items, caravans and vehicles, and to cease unauthorised use of the land.

Q. Why are you taking this action?
A. We have planning rules in place to protect areas of countryside in our district, including the South Downs National Park, and if harmful development is carried out then we will take appropriate enforcement action. We take these matters incredibly seriously and we want to assure the community that we are doing everything in our power to respond to this.

Q. What support are you giving to those affected?
A. We have an officer who has been liaising with those affected, including the local parish council and those on the site, to offer support and identify needs, including measures to keep the area clean and tidy.

Q. What is a Temporary Stop Notice?
A. Temporary Stop Notices are a powerful enforcement tool that allow local planning authorities to act very quickly to address certain breaches of planning control, such as unauthorised activities.

A Temporary Stop Notice requires that the activity that breaches planning control should stop immediately. It is an offence to contravene this notice. A person guilty of an offence is liable on conviction to an unlimited fine.

We served a Temporary Stop Notice to those carrying out the unauthorised works at the site near Lurgashall on Friday 2 May, and we have also issued a further Temporary Stop Notice relating to unauthorised vehicles and caravans entering the site.

Q. What is an injunction?
A. Planning Authorities have the power to seek an injunction. We sought a court order in the form of an injunction that requires them to stop work immediately on the site and prevents any further vehicles and caravans entering the site. If a person fails to comply with an injunction, they would be considered in contempt of court, and this could result in a custodial sentence. 

Q: Are you taking any additional action?
A: We have also issued a planning Enforcement Notice. This requires the relevant parties to return the land to agricultural land and to remove any unauthorised structures, items, caravans and vehicles, and to cease unauthorised use of the land.

Q: Why have you taken various legal action?
A: We take these matters incredibly seriously. Some actions take longer than others and each have different penalties. We are taking all of the steps available to us to achieve the quickest and most effective resolution.

Q. Why didn't you put roadblocks or bollards put in place to prevent people accessing the site?
A.  As the local Planning Authority, we have a range of enforcement powers available to us, which we have used. However, we do not have the power to physically restrict or prevent access to privately owned sites.

Q. Why can't police arrest people on site?
A. Unless a crime has been committed or someone is in immediate danger, the police do not have the power to make an arrest for a planning infringement.

Q. How big is the site and what type of land is it?
A. The site is approximately two hectares on an agricultural field.

Q. Who owns the land?
A. The land is in private ownership and so information can be obtained from the land registry.

You can also read more about the injunction served following the unauthorised works.

Posted: 9 May 2025