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CLERK'S BRIEFING NOTE

PESTALOZZI TEMPORARY USES OF LAND

 

  1. The Pestalozzi Country Park Estate (trading under Pestalozzi Enterprises Ltd) is now a well-established business acting as the fund-raising arm of the Pestalozzi Village hiring out various fields which surround the buildings for temporary activities of various descriptions, including 3-day wedding events. The business advertises on a website. Already, some of the noisier events held have been the cause of complaints from the public to Rother Environmental Health Department. The advice from that department is for complainants adversely affected by noise, at times when a licensable event is being held which involves amplified music, to request an officer to attend and witness the noise from their premises by contacting the Lifeline Service on 01323 644422. A series of letters of complaint about the noise from the wedding at the end of May from residents of Park Shaw have been sent to the Planning Officer. The organisers of this event had submitted a Temporary Events Notice (see paragraph 5 below).

  2. In January/February 2010, the Clerk had correspondence with Mark Cathcart, Planning Officer, and was told that Pestalozzi had said that it currently had no firm proposals regarding establishment of a Country Park. Mr Cathcart had, at that time, suggested that, if any firm proposals were forthcoming, Pestalozzi should apply for a Certificate of Lawful Use and Development to establish the authorised extent of the curtilage as opposed to outlying agricultural land and woodland.

  3. At the end of May, Pestalozzi sent a list of booked events for the Country Park to neighbours. The list appeared to highlight that the 28-day rule under The Town & Country Planning (General Permitted Development Order 1995 as amended under Part 4 Class B 'Temporary Buildings and Uses') may be exceeded this calendar year. This allows temporary uses of land for 28 days in a calendar year without the need to apply for planning permission. Camping needs to be added to the number of events (possibly 12 days up to 14/06/11).

  4. The planning situation has been commented on informally in a letter from Mr Cathcart dated 08/06/11 and a subsequent telephone call to the Clerk. The main points of the letter are as follows:
    1. In assessing whether planning permission is required, it is necessary to distinguish between those events held within buildings which themselves may be unauthorised and/or within the curtilage of buildings and those events that are held on other land within the planning unit.
      1. Events held within buildings and/or within close proximity to the curtilage of buildings which are incidental to the authorised use of the PIVT can be held without any special permission.
      2. Events in the grounds beyond the curtilage can be held under the 28-day rule described above.
    2. Rother's Principal Planning Officer Appeals and Enforcement is writing to remind Pestalozzi of its permitted development rights and to seek precise details of how many events are planned in total for this calendar year.

  5. Some of the events are likely to include "regulated entertainment" such as live or recorded music when a Temporary Event Notice must be submitted at least 10 days before the event to Rother and the Police. The following criteria must be met:
    1. The maximum number of persons to be allowed on the premises at any one time shall NOT exceed 499. If this figure will be exceeded, a Premises Licence must be applied for. Pestalozzi does have a Premises Licence for its buildings but not ancillary land.
    2. Temporary Event Notices are subject to a maximum of 12 events lasting 15 days on an area of land. Each event can last no longer than 96 hours. According to Rother's website, a total of 4 days had been licensed for the calendar year up to 30/05/11 as follows:

      1. 01/05/11 - NB in the 30/04/11 Sedlescombe News, an apology was made on behalf of the Pestalozzi Country Park Estate "in advance for any noise this weekend from 29 April until 2 May, as a local couple will be holding a wedding reception on the Estate" ie 4 days.
      2. 28/05/11-30/05/11 - 3 days. This was also a 3-day wedding celebration with live bands.

 

P Raymond

Clerk/Financial officer

Sedlescombe Parish Council

14/06/11