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CLERK'S BRIEFING NOTE

1) PESTALOZZI TEMPORARY USES OF LAND

2) STATUTORY NOISE NUISANCE

AS AT 01/08/11

This is the second Clerk's Briefing Note on the subject of temporary uses of land at Pestalozzi in 2011. See also Briefing Note - Pestalozzi Temporary Uses of Land, 14/06/11.

  1. The subject was discussed by SPC's Planning Committee on 21/06/11, Minute No. P11/12.32. The following resolution was passed:
    1. That, because of the annoyance being caused to Sedlescombe residents by temporary events, the Parish Council should ask Rother District Council to ensure that the Pestalozzi Country Park Estate is being operated in accordance with
      1. Its permitted development rights under the "28-day rule".
      2. The correct number of Temporary Events Notices.
      3. Permitted uses of buildings.

  2. Although no copy was submitted to the Parish Council, it is known that some of Park Shaw's residents signed a letter to Rother following a particularly noisy event that continued over several days. In the letter, they asked for removal of Pestalozzi's "permitted development rights" by way of an Article 4 Direction. Rother's Enforcement Officer has explained that, as the imposition of an Article 4 Direction to remove permitted development rights is a serious matter, other matters should be considered first as follows:
    1. Whether the 28-day permitted development allowance has been exceeded.
    2. Whether the noise generated amounts to a statutory nuisance.

  3. 28-day Permitted Development Allowance. The following information has been provided by Rother's Enforcement Officer:
    1. Pestalozzi's authorised use is categorised as C2 ie Residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres.

    2. Events that are held either within buildings or on land which is incidental to the authorised use of the PIV would not constitute a material change of use and planning permission would not be needed.

    3. Events not incidental to the authorised use of the PIV could be held without the need for planning permission provided that they are not held on more than 28 days in any calendar year. The latest list of temporary events for 2011 counting towards the maximum 28 days in a calendar year are as below. Pestalozzi has said that adjustments will need to be made as listed in the comments column below in order to reduce the number of days to close to 28 days.

    Event

    From

    To

    Days

    Comments

    Camping

     

     

    2

    6 days but 4 not counted because in connection with educational use of site

    Wedding

    29 April

    1 May

    3

    Including set-up

    Wedding – Balkham/Marsden

    28 May

    30 May

    2

    Some guests stayed in built accommodation a further night but this was not counted

    Woodcraft Folk

    31 May

    3 June

    4

    Camping only

    Gymkhana

    5 June

     

    1

     

    Gymkhana

    3 July

     

    1

     

    Group Camping

    8 July

    10 July

    3

     

    Wedding -Lavender

    9 July

    11 July

    3

     

    Film in the Field

    15 July

     

    2

     

    Wedding – Snodgrass

    6 August

     

    1

     

    Rural Past Times

    13 August

    14 August

    5

    Including set-up.  Number of days to be reduced

    Tribal Earth Festival

    16 August

    22 August

    7

    Including set-up.  Number of  days to be reduced

    Brownie Camping

    11 September

     

    1

    To be cancelled

     

     

     

    35

    Reductions will reduce events to 29 ie de minimis



  4. Statutory Noise Nuisance. On 14/07/11, a Noise Abatement Notice from 08/08/11 was served on Pestalozzi in respect of the existence or likely recurrence of noise arising from amplified sound amounting to a statutory nuisance. Pestalozzi can appeal against the notice to a magistrates' court by 03/08/11.

  5. Other matters.
    1. Temporary Event Notices (TENs). If the event includes regulated entertainment under the terms of the Licensing Act 2003, for example live or recorded music in front of an audience, or the sale of alcohol, then a Temporary Event Notice must be submitted at least 10 days before the event to Rother and the Police by the person staging the event. Only the Police can object on crime prevention grounds. The following information regarding conditions that must be met are provided by the Home Office in October 2010:
      • Maximum of 499 people attending at any one time. For example, if the Temporary Event Notice is for the sale of alcohol, not more than 499 people can be in the area specified in the Notice at any one time.
      • Not more than 12 temporary event notices for any particular premises each calendar year.
      • Not more than 15 days covering temporary event notices at any individual premises each calendar year. NB Any event beginning before midnight and continuing into the next day would count as two days towards the 15 day limitation.
      • No event can last longer than 96 hours.

        Please note that the above is only a brief outline of the position regarding TENs. This is an area with various conditions and exemptions and, therefore, the full text of the Licensing Act 2003 should be read for full information. See guidance issued by the Home Office.

P J Raymond
Clerk/Financial Officer
Sedlescombe Parish Council

1 August 2011