Widow's memorial uprooted following disputes

Kath Erends, 61, of The Barnhams, first approached Rother District Council soon after the death of her husband, Bob Erends, due to cancer in May 2008.

A well known local figure, Bob worked as a firefighter in Hastings for 30 years and regularly taught watercolour painting after his retirement.

Kath's original plan for a memorial bench on Beaulieu Park, the grassy area beneath Beaulieu Road, Cooden, was blocked by the council because it was felt the existing seven benches were enough for that space.

A sundial was agreed upon as a suitable alternative, with the council suggesting the dial's location alongside one of the benches.

Kath said: "I chose that area because Bob used to paint that scenery. I thought it was a lovely place to sit, and it was somewhere all his friends could have gone to be with him."

A fundraising dance at the British Legion raised enough money for the 1,300 sundial, which was installed in May this year with a ceremony on the one-year anniversary of Bob's death.

However, following residents' complaints, the council have asked Kath to remove the sundial they sanctioned.

In a letter dated June 18, RDC head of amenities Madeleine Gorman explained: "Several residents at Beaulieu Road are party to a covenant on this land and have complained that the presence of the sundial contravenes the convenant.

"The key issue is whether an item has a practical function that facilitates public enjoyment of the space. We have concluded that this sundial is a personal memorial and I must arrange for it to be removed from this public open space."

Kath said: "It only went in on the 17th of May and just a month later it's got to come out.

"One or two people made the decision to stop his memory being placed here on the green, and Bob now would not want to be here. Any feeling of comfort has gone."

Alan Gates worked as a firefighter in Hastings with Bob for 30 years.

He said: "My personal feeling is that when you read the covenant, it just says no building should be constructed here and the grass should be cut twice a year.

"They say the bench has to be removed because of a concrete base, but there are already seven benches here with concrete bases. There are two litter bins and dog waste bins."

Speaking to the Observer at the time of the memorial service, a resident said: "We have sympathy with the whole family because it's obviously the one year ceremony of Mr Erend's passing.

"The actual structure is not a problem. It's been approved by the council and restricted agreements have been drawn up so nothing can be added to it.

"But it (the covenant] quite clearly states the area remains as grass. We now have a concrete slab. The residents are concerned about precedent. It's not the sundial that they object to, it's the precedent.

"We had two meetings and everybody present agreed that it's the fault of the council. The residents are solely concerned about precedent."

Madeleine Gorman said: "The issue over the memorial sundial being situated on the grassed area at Beaulieu Road relates to the interpretation of a covenant that applies to the land.

"Rother officers acted in good faith when permission was given to Mrs Erends, believing the sundial's placement to be within the terms of the covenant. However, following the challenge made by residents who oppose the memorial, the Council has decided to remove the sundial rather than face a potentially expensive legal case with tax payer's money on a subject which is not clear-cut.

"We sincerely apologise for the distress this has caused Mrs Erends but the Council was required to make a decision once these legal complaints were lodged."

Dick Borely, a friend and former colleague of Bob and Alan's, has set up a facebook group with more information. The Support the Bob Erends Memorial Sundial group currently has 294 members.