Damage to ancient monument at Fort Hill site was 'unlawful'

As previously reported in the Gazette, Basingstoke grandmother Anne-Marie Joy spoke of her five-year battle with Hampshire County Council (HCC) over work to the former Fort Hill School site, which she said has resulted in her property in Hawthorn Way, Winklebury decreasing in value by around £75,000.

She claimed the work to dig up vegetation and trees was ‘unlawful’, and that HCC has refused to take responsibility for the damage it has caused to her garden.

Information from a Freedom of Information request reveals that HCC is likely to be responsible for the damage caused.

Leader of HCC, councillor Keith Mans, told the Gazette that it has approval from Historic England and the Secretary of State to carry out ground works to stabilise a small section of the embankment, which is a protected Scheduled Ancient Monument.

However, so far it has not responded to questions from the Gazette regarding the previous work it carried out and whether this was unlawful, and what it will be doing to compensate Mrs Joy.

Instead, it described the erosion in Mrs Joy’s garden as “of a very minor nature”.

Historic England has now confirmed the previous work was unlawful, saying: “We are aware of plans to redevelop part of the interior of Winklebury Camp. We are currently providing pre-application advice to help shape the proposals and ensure that the monument is protected for future generations. We will be consulted on any formal planning application that arises.

“Reports of unlawful digging at any scheduled monument are concerning and warrant investigation. At this site works regarding the removal of overgrown vegetation were carried out without Scheduled Monument Consent (SMC). The removal of the vegetation lead to the rampart bank eroding during heavy rainfall events. Historic England were informed and a subsequent meeting with all parties lead to the granting of SMC in April to install matting to stabilise the eroding bank.”

Information obtained through a Freedom of Information request, in a report prepared for the council following a visit to Mrs Joy’s home, has revealed that HCC is likely to be responsible for this damage.

It said: “It is clear that the soil is eroding and on the move, and I surmise that it will continue to do so.”

It added: “The rate of erosion and the passage of loose earth is preventing that colonising vegetation from establishing. Indeed, some plants inserted into the bank by the county council in an effort to stabilise are eroding from their position and Mrs Joy informed me that the others had already lost their purchase and come away.”

It concluded that the erosion was likely to have been caused by mature plants being removed, adding that if nothing was done the “damage to the monument could potentially be quite significant”.

The report said the evidence “does suggest that the initial clearance works were the cause, [of the erosion] being more robust than they should have been”.

Mrs Joy, 56, told the Gazette her house has become unsellable because of the erosion, saying: “Before lockdown we thought about moving. The estate agents came round, and I was honest about the problems. We were told that because the land is live and unstable, no one will want to buy.

“We can’t move, we can’t release equity. This was meant to be our forever home. We bought a bungalow and felt it was safe and secure which was important because I have a problem with my hearing. It was perfect and it’s turned into a nightmare.

“In the winter when it rains the muddy water flows down into drains. We have chased people out of the garden because it’s no longer secure. In the winter when the foliage is gone it’s a constant problem. In the winter when you see the soil running down it can reduce me to tears. It’s a constant reminder.”

Taking HCC to court over the matter isn’t viable because of the costs, leaving Mrs Joy with no option but to accept the financial loss.

The council has not yet responded to a request for a comment regarding the unlawful work.