Legal action being taken against a drainage firm keeping six HGVs on site in breach of planning law has been described as a “win” by fed-up residents.
First4Drains has been operating its headquarters from Walnut Hill Nursery, between New Barn and Istead Rise, near Gravesend, since March 2023.
Their presence has been a safety concern for nearby residents, including Kelvin Curtis, as eight-wheel lorries use the narrow country lane to access the site.
Over the last two years, he says the area has been” plagued” by drainage tankers using Walnut Tree Hill Lane, which is a narrow road with limited passing places, as well as horse-riding stables, which makes it “totally inappropriate” for large vehicles.
The company were issued an enforcement notice in December last year following the change of use of Walnut Hill Nursery in Walnut Hill Road from agricultural to mixed use.
This meant all HGV tanker lorries were supposed to leave the land within 28 days of the notice taking effect.
The landowners had until June 30 to comply with the notice.
Despite this, Mr Curtis, of Arcadia Road, said he had woken several times during the night in July to the sound of a HGV going up and down the hill.
On other occasions he had spotted a loaded lorry going towards the nursery in the daytime and heading back down the hill in the afternoon.
He said: “I’m not knocking these people as a company, what I’m worried about is the personal safety of the residents who live in Walnut Tree Road and the use of lorries using this end of Downs Road.
“It’s in the wrong place.”
He also expressed concerns for the safety of the professional lorry drivers who are having to use the road and said he personally “dreads” driving down the lane for fear of what vehicle he may meet.
Mr Curtis added: “I was a driving instructor, and even me, with all the driving experience I’ve had – I just don’t like driving down that lane now.”
He thinks there should be signage to deter HGV use on the road, as well as a width and weight restrictions.
On Thursday (July 10), a planning enforcement officer from Gravesham council visited Walnut Hill and found six HGV tankers on site.
Evidence was recorded, and a company representative present was cautioned.
The council says letters have also been sent to the registered owners of the land informing them of its intention to prosecute for the alleged breach of the enforcement notice.
Reacting to this, Mr Curtis said: “The lorries should have left already. It was a blatant disregard of a small community.
“I want this to be the end of it. It is a win for the residents.”
Cllr Shane Mochrie-Cox, Gravesham council’s cabinet member for planning and business development, said: “Failure to comply with a planning enforcement notice is a criminal offence and we will be collating and submitting our evidence to the magistrates’ court in this case.
“I would like to reassure residents that where we believe we have the evidence to support our case, we will always follow all routes open to us when it comes to the enforcement of planning law.”
First4Drains has been contacted for comment on the intended prosecution.
Company director Christopher Lawson had previously explained the site was used as an office for 16 employees who deal with the administration side of the business.
He claimed that the drainage engineers were employed through an agency, and although they use the company’s fleet, they are kept at the home of the user and rarely visit the site.
However, in their report dismissing the firms’ appeal, the Planning Inspectorate said there were “conflicting views” over their storage and they were “doubtful” that staff would keep the vehicles, especially HGVs, at their home address.
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The company is applying for a licence to use Yard 6, Fairfields Yards, Green Street Green, Dartford, as an operating centre for 10 goods vehicles and no trailers.
Owners or occupiers of land near the operating centre who believe that their use or enjoyment of that land would be affected, should make written representations to the Traffic Commissioner within 21 days of the notice.
