<p>Governance Services PO Box 2714 Department County Hall St Anne’s Crescent Legal Services Lewes East Sussex Philip Baker LLB (Hons) BN7 1UE Solicitor Tel: 0345 60 80 190 Assistant Chief Executive Fax: 01273 483496 Governance Services www.eastsussex.gov.uk</p><p>Legal Services Department Lewes District Council DX 3118 LEWES 1</p><p>Fao: Mark Reynard, Legal Services Manager</p><p>Date 09 September 2015 when responding please contact our ref your ref Joanna Hauge PH/446(106)/JCH/CMM</p><p>Dear Mark</p><p>Re: Unilateral Undertaking – Cavendish School, Eldon Road, Eastbourne, BN22 1UE</p><p>I write further to my letter to you of the 4th August concerning the Unilateral Undertaking for Cavendish School, Eastbourne (EB/3238/CC).</p><p>As you know, the Unilateral Undertaking to secure the planning Obligations against the site was completed on the 31st July and the Planning Permission issued by East Sussex County Council.</p><p>Unfortunately, following completion, it was noticed that some of the land within the development site was not included within the definition of the Property within the Unilateral Undertaking. Therefore, the planning obligations did not bind this small area of the site. </p><p>I am satisfied that there is no risk posed to the validity of the planning permission or the development by the planning obligations not being registered against the strip of land within the second title. The planning permission could not have been implemented and the development commenced without the planning obligations secured in the Undertaking of 31 July 2015 being triggered. The area of land in the second title cannot be developed as part of the permission without works being commenced on the main part of the site. The procedure in the resolution to grant the planning permission has been complied with as the Undertaking to secure the planning obligations has been completed. I am also satisfied that all of the planning obligations within the Unilateral Undertaking that were to be complied with prior to commencement of development have been satisfied in full.</p><p>Contd/……</p><p>Recycled Paper</p><p>Please ensure our reference is quoted on all correspondence Lewes District Council 09 September 2015 Page 2</p><p>However, in order to regularise matters and to reassure all involved, we have now corrected the error by completing a second Unilateral Undertaking in order to register the planning obligations over the small part of the site previously omitted. The second Unilateral Undertaking was completed on 4th September 2015. This second Undertaking secures covenants in exactly the same terms as those secured against the majority of the land by the Undertaking of 31 July. As this second Undertaking is being registered alongside the first the planning obligations now attach to all of the land within the application site.</p><p>I would be grateful if you could please accept the enclosed completed second Unilateral Undertaking on behalf of Eastbourne Borough Council. Please can you let me know if the Borough Council will be making any charge for accepting the Undertaking. If so, I will pass the details on to Stephanie Stammers (who has acted for East Sussex County Council as Applicant/Developer) so that she can seek payment from the Applicant.</p><p>In order to assist I have already sent a copy of the Unilateral Undertaking to the Planning Registrar and to Land Charges in order for it to be registered.</p><p>Please accept my apologies for any inconvenience the need to accept this second Undertaking may cause and thank you for your assistance in this matter.</p><p>Yours sincerely</p><p>Mrs J Hauge Senior Solicitor for the Assistant Chief Executive, Governance Services</p><p>Enc</p>