SCAFFOLDING that has towered over a high street for the last six years could finally be removed after a High Court case was launched against the owner.
A legal battle is underway to remove the "eyesore" from Talland Parade in Saxon Lane, Seaford.
Lewes District Council wants a court order to get rid of the scaffold, which has been "blighting" the high street in Seaford since 2016.
The Argus has been told that the owners are being taken to court for common law public nuisance.
The case could lead to a final injunction which would mean that the scaffolding has to be removed without delay.
Councillor Stephen Gauntlett, cabinet member for planning, said: “We have never stopped working with our solicitors and a specialist barrister to find a way through the courts to remove this eyesore and while nothing is guaranteed, I now have hope that the end is in sight.
“I must thank the community champions at Seaford Residents’ Voice for providing evidence showing that despite hollow promises to the contrary from the owners of Talland Parade, work was never underway in any meaningful degree on the site - they, along with Seaford Town Council, have played an invaluable role.”
Lewes District Council granted planning permission in January 2012 for ten self-contained flats above a row of shops.
But the site has remained largely untouched, with the scaffolding causing issues for businesses in the area.
The council said it has exhausted every possible legal avenue but has seen every attempt blocked by “legislative loopholes” and “hollow promises” from the owners.
It believes it has a good case due to the length of time development works have been going on at the site, as well as the adverse impact on Seaford residents.
The Argus has previously reported on residents' frustrations caused by the Talland Parade scaffolding.
If the High Court agrees with Lewes District Council that the scaffolding represents a public nuisance, the owners will be required to remove it.
The council will also seek a reserve power to get the scaffolding removed using its own contractor if the owners do not comply with any order made by the High Court.
Businesses underneath the scaffolding have feared closing and say they feel "invisible" underneath the massive structure.
Councillor Zoe Nicholson, deputy leader of the council, said: “The council believes that the owners have run out of road and that it has a good case to put to the court.
“I’m grateful to all the people of Seaford who have shown great patience and fortitude throughout this process – the conclusion we all want feels closer than ever.”
Lewes District Council has also been working with East Sussex County Council, which controls highways and renewals of scaffolding.
It has now decided to not renew the scaffolding licence that is required for a structure of this type.
There have been concerns about the safety of the scaffolding after it moved about six inches from the building during Storm Eunice in February.
Councillor James MacCleary, leader of the council, said: “The government must close the legislative loopholes that developers take advantage of at the expense of local people and businesses.
“Seaford residents and retailers are the innocent victims in this and it is shameful that the owners have been prepared to prolong this saga for so long.”
Maria Caulfield, Conservative MP for Lewes, previously told The Argus the council “has all the powers they need” to get rid of the scaffolding.
The owner has been approached for comment.
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