William Luttman-Johnson is hoping to sell lagoon 3, which sits on land that was previously part of Crouchland Farm in Plaistow, to a neighbouring farmer who will empty it and return the land to its original state. The lagoon contains 53,000 cubic metres of digestate – a liquid and solid by-product of an anaerobic biodigester plant. Due to concerns raised by the Environment Agency about the ‘structural integrity’ of the lagoon and a risk that containment could fail, the council served a notice ordering the owner to remove the waste by May – or else face prosecution. But Mr Luttman-Johnson said he had been unable to proceed with his plan to sell the lagoon due a legal charge placed on it by West Sussex Agri Limited (WSA), which prevents it from being sold. He said he had been trying to get the legal charge removed for months. His wife Lucilla described the situation as ‘more than frustrating’. “It could’ve been done a year ago,” she said. But after being approached by the Observer, West Sussex Agri Limited released a statement confirming that it would release the legal charge if the lagoon was sold. A spokesman said: “West Sussex Agri Limited (WSA) has agreed to release its legal charge over the area known as Lagoon 3 in the event of a sale to a third party purchaser. “WSA welcomes this development. “WSA remains hopeful that the authorities will seek assurances from any new owner that they will clean up the lagoon in line with the existing planning enforcement notice.” Mr Luttman-Johnson said he was ‘delighted’ by the news. Residents have long called for the lagoon to be dealt with, fearing there could be an ‘environmental disaster’ if it collapsed and its contents spilled out onto the land. However Mrs Luttman-Johnson said the contents of the lagoon were ‘not dangerous’. “It’s a fertiliser,” she said, adding that the lagoon was ‘not going to burst its banks’. Chichester District Council stressed the lagoon needed to be cleared by the May deadline. “Our priority is to ensure that the site is properly managed and that those responsible for it carry out all the steps required of them within the enforcement notice by 21 May 2021,” a spokesman said. “We are in frequent contact with the existing owner about these matters and we have clearly explained to them that the period to comply with the enforcement notice is diminishing. “We have also clearly explained the consequences of not carrying out the works to demolish and remove the lagoon and its contents.” The spokesman added: “If these works have not taken place or are incomplete, then at the end of this period those in control of the site will be considered responsible for the offence of failing to adhere to the requirements of the enforcement notice. “Once the compliance date passes, we will visit the site to assess the situation and our enforcement officers will engage with the owner.”
