LATIMER DEVELOPMENT LIMITED CLARION HOUSING GROUP HERSTMONCEUX WELL POISONING PROPERTY PEACEFUL ENJOYMENT 1 ARTICLE FIRST PROTOCOL UK HUMAN RIGHTS ACT 1998

According to their website, in 2018 the Clarion Housing Group sold a field adjacent to the A271, Lime Cross and Lime Park to Latimer Developments Limited for £3, 540,000 million pounds. The site when developed was estimated to be worth £21 million, with planning permission for 70 houses, on the basis of what appears to be incomplete reports and legal opinions. Clarion and Latimer are both registered at the same London address.

THE FIRST PROTOCOL

ARTICLE 1 - PROTECTION OF PROPERTY

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Proposed development in the adjacent field threatens to shatter the hitherto peaceful enjoyment of water supplies free of contamination, unless the developers are prepared to make reasonable adjustments to their plans, involving the relocation of the as yet un-built housing to the other sided of the field, closer to the village envelope and further away from Lime Well.

A looming case involving a well and potential water contamination, where the property developers Latimer Developments and Clarion Housing Group Limited purchased land at Herstmonceux in East Sussex, from Timothy Watson (possibly via others) with the intention to build houses on a slope directly feeding ground water to the well that is the only and original source of water to a historic site and the occupants of old generating buildings dating from 1909.

Where gardens are planned and garages for cars are included, it is likely that pesticides used ordinarily by gardeners, and or oil spills from motor vehicles (and the like) will eventually soak into the groundwater such as to contaminate the water that is used for drinking and washing, etc.

Whereas, the state must protect the occupants of the building from a real or potential threat of contamination such as to avoid threatening the continued use of such amenity, but that neither the developer, nor the Wealden District Council, took care to avoid an exclusion zone typically 100 one hundred meters upstream of Lime Well, contrary to Protocol 1, Article 1, the right to peaceful enjoyment of property and the right to life, as guaranteed by Article 2 of the HRA 1998.

S C H E D U L E S - Schedule 1

THE ARTICLES

PART I - THE CONVENTION - RIGHTS AND FREEDOMS - ARTICLE 2

RIGHT TO LIFE

1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:

(a) in defence of any person from unlawful violence;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) in action lawfully taken for the purpose of quelling a riot or insurrection.

This means that nobody, including the Government, can try to end your life. It also means the Government should take appropriate measures to safeguard life by making laws to protect you and, in some circumstances, by taking steps to protect you if your life is at risk.

Public authorities should also consider your right to life when making decisions that might put you in danger or that affect your life expectancy.

If a member of your family dies in circumstances that involve the state, you may have the right to an investigation. The state is also required to investigate suspicious deaths and deaths in custody.

The courts have decided that the right to life does not include a right to die.

Article 2 is often referred to as an ‘absolute right’. These are rights that can never be interfered with by the state. There are situations, however, when it does not apply.

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