Turkey Road brickworks - latest

Controversially, the brickworks quarries are zoned in the county waste plan for possible future landfill use.

Rother planning committee gave the council permission for the cemetery extension in February.

Rother director of resources Joy Hollister will tell Thursday's meeting of the planning committee: "This application related to a plot of agricultural land of approximately 2.92 hectares.

"The land is located directly to the west of the existing Bexhill cemetery site.To the west is Ashdown Brickworks operated by Ibstock.

"The proposal is not contrary to the Waste Local Plan and is specifically in accordance with the subsequently adopted Rother District Local Plan (Policy BX10).

The director reported to the May planning meeting that Rother had received a letter from solicitors instructed by Ibstock Group who wanted to commence Judicial Review proceedings against the council.

"Ibstock's solicitors had to apply for permission to start proceedings. That involved a Judge considering Ibstock's letter and our response. I am pleased to say that we have now received notice from the court that permission has been refused. However Ibstock have serviced notice that they are renewing their request for permission.

"The Judge made the following observations: The contention that a cemetery is or is analogous to an urban development project stands no prospect of success.

"It is not reasonably arguable that every proposal for an urban use is an urban development project within the meaning of the Directive on Environmental Assessment; and in any event a cemetery, as an open, low intensity use, is not essentially urban in its nature nor does it possess any features that could make an Environmental Impact Assessment requisite.

"The other grounds would fail for the reasons set out in the defendant's summary of grounds."

In a risk analysis, the director says: "Ibstock do have a right to challenge the refusal of permission and appear to be doing so