Reply from Rother Planning regarding proposed highways improvement work as agreed in Section 106 Agreement Pestalozzi/ESCC.
Cllr Martin declared his personal/prejudicial interest by virtue of his daughter being Marketing Manager of Pestalozzi International Village Trust. He left the meeting and Cllr Wright took the chair.
The Clerk reported that in addition to her report to the full Council on 12 January, replies had now been received from Rother's Planning Officer, Mark Cathcart, as follows:
1. ESCC has confirmed that the 106 Agreement that was signed by ESCC, Pestalozzi and Rother regarding the proposed highway improvements at the junction of Chapel Hill, Pestalozzi and the B2244 means that the highway improvements need only be in place prior to the occupation of the conference facilities. The Parish Council is aware that the conference centre is not now expected to go ahead. The information about the Section 106 Agreement is at variance with what was said by Paul Evans (Chief Executive of Pestalozzi) at the public meeting on 13/11/09 in Sedlescombe Village Hall.
2.The need for planning permission for use of the land as a country park will depend on whether a material change of use of the land at Pestalozzi is involved. The existing authorised use of the land will have to be established and, according to Mr Cathcart, this is quite complex as the use has evolved over time. The recognised procedure under planning for Pestalozzi to establish its authorised use would be for them to submit an application for a Certificate of Lawful Use or Development to Rother DC.
3. The existing authorised extent of the curtilage of Pestalozzi will have to be established - as opposed to the outlying agricultural land and woodland.
4. Mr Cathcart will contact Pestalozzi inviting an approach to the local planning authority with full details of its proposals with a view to establishing whether there is a need for planning permission and to make sure that PIVT is aware of any such requirement.
5. On the basis of the information provided by the organiser of the Black Horse Festival to Rother regarding the intention to hold the annual festival at Pestalozzi, Rother Planning's initial view is that this falls outside the terms of the 28-day permitted development allowance and planning permission would be needed. Rother Planning is advising the organiser of this. |