Members received the report of the Head of Service Acquisitions, Transformation and Regeneration which provided an update on the current position with regard to the Children’s Centre at Egerton Park, Bexhill following its closure by East Sussex County Council. 

The land on which the Egerton Park Children’s Centre building stood was owned by Rother District Council (RDC) and prior to the development of the building it was used as open space, being part of the wider Egerton Park facility. In November 2005, the Council granted a ground lease of a parcel of land to East Sussex County Council (ESCC), to enable them to construct an Early Years centre on the site.  The lease was for 25 years (expiring November 2030) at a peppercorn rent.  A two-storey building was constructed by ESCC on the site, which housed a registered childcare centre and facilities for a range of courses, training opportunities and groups.

In September 2019, ESCC published a document entitled “Children’s Early Help Revised Strategy” which stated that nurseries in Bexhill would no longer be operated by the Council, who would instead work with other providers to secure, so far as is reasonably practicable, sufficient nursery places in the area, as it did in the rest of the county.  The process could include sub-leasing the spaces for Rainbow and Cygnets nurseries to other nursery providers, without ongoing financial or other direct responsibilities for nursery services.

Following that time, arrangements were made with the Bexhill Family Collective Community Interest Company to operate a nursery from part of ESCC’s Sidley Community Centre site, but despite efforts on all sides a suitable arrangement could not be made for the Egerton Park building.  ESCC had since held discussions with the NHS to use the premises for a healthcare centre, although nothing had been concluded as at the date of publishing the report.

The lease between RDC and ESCC contained no alienation provisions that defined the ability or otherwise for ESCC to sub-let all or parts of the building.  Instead the use of the building was controlled by the user clause which was restricted to “… a centre for early education, childcare, health and family support for no other purpose whatsoever.”  Therefore, there was nothing to prevent ESCC from subletting all or part of the building, and charging a rent, provided the use remained within that definition.

The building was under the control of ESCC until November 2030 and ESCC did not need the permission of RDC to sublet the building. Providing the use remained within the parameters of the user clause, ESCC did not need RDC’s permission for the activity in the building.

The Council would consider any proposals concerning the future occupation and use of the building in accordance with the terms of the existing lease and if a proposal was to come forward from ESCC that would require a variation to the lease, officers would report and take instructions from Cabinet at that time.

RESOLVED: That the report be noted.

(Councillor Clark declared a Personal Interest in this matter as an elected Member of East Sussex County Council and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(Councillors Coleman and Courtel both declared a Personal Interest in this matter as they were campaigners for the Bexhill nurseries and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(Councillor Drayson declared a Personal Interest in this matter as an elected Member of Bexhill Town Council and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(Councillor Maynard declared a Personal Interest in this matter as an Executive Member of East Sussex County Council and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).