Focused Amendments to the Proposed Submission Core Strategy

Ended on the 27 July 2012
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Focused Amendments to the Proposed Submission Core Strategy

The Council is consulting on a limited number of ‘Focused Amendments’ to its Proposed Submission Core Strategy.

The amendments need to be read in conjunction with the relevant policy or paragraph of the Proposed Submission Core Strategy1.

The Sustainability Appraisal of the Proposed Submission Core Strategy has also been updated to reflect the focussed amendments, as well as to add further explanation and clarification of certain other assessments. The updated Sustainability Appraisal, known as the Proposed Submission Core Strategy Sustainability Appraisal (incorporating the focused amendments) can be found here2.

Representations made to the focused amendments must be received by the Council (electronically via the dedicated online consultation system or using the representation form sent via email or in the post) within a 6-week period ending at 4.30pm on Friday 27th July 2012.

Representations can only relate to the focused amendments. Representations relating to the Proposed Submission Core Strategy Sustainability Appraisal (incorporating the focused amendments) should indicate what policy within the Core Strategy the representation impacts upon.

A Consultation Help-Note3 has been prepared to assist those wishing to make representations on the Focused Amendments.

Table of Focused Amendments

Please note:

  1. Words which appear in bold text are policy wording
  2. Words which appear with a strikethrough indicate where words are to be removed from the text/policy.
  3. Words which are underlined are additions of new text
Amendment no. Chapter
& page 		Policy/ Paragraph Proposed Change Reason
FA1 Chapter 2, pg. 9 New paragraph Insert a new paragraph after 2.20 to read:
Reference is also made to the UK Marine Policy Statement, which the Council will have regard to, along with marine plans and designations, as these are developed, to ensure integration with the marine planning regime. 		To ensure compliance with marine planning regime, in accordance with NPPF Paragraph 105.
(1)FA2 Chapter 7, pg. 39 Policy OSS3 Insert the word ‘differentiate’ before ‘between’ in line 1, to read:
Development boundaries around settlements will continue to differentiate between areas … 		To correct a typographical error.
(2)FA3 Chapter 7, pg. 41 Policy OSS4 Amend criterion (ii) by adding reference to access to (as well as capacity of) services, to read:
(ii) the capacity of, as well as access to, existing infrastructure and services, and of any planned or necessary improvements to them; 		To accord with Policy TR3 in respect of access to services
(1)FA4 Chapter 10, pg. 64 Policy RY1 Amend (iii) by inserting reference to the Conservation Area, and move the reference to retail and services to (iv), to read:
(iii) Preserve and enhance the character and historic environment of the Citadel and wider Conservation Area, and the wider distinctive landscape setting of the town whilst retaining the centre of Rye as the main focus for retail and services for the town;
(iv) Retain the centre of Rye as the main focus for retail and services for the town, and increase the choice of convenience shopping in Rye by facilitating the increase of some 1,650sq m net additional convenience floorspace within or adjacent to the town centre; 		To better align this policy with the Rye Objectives, to refer to retail provision within one policy criteria for better legibility, and for consistent reference to the Conservation Area with other towns, and in response to a representation from Rye Town Council.
FA5 Chapter 10, pg. 64 Policy RY1 - (ix) Amend RY1(ix) to include reference to habitat creation and green links, to read:
(ix) Promote green tourism initiatives, including the careful management of Rye Harbour Nature Reserve and, where feasible, new habitat creation and green infrastructure linkages, that protects and enhances the integrity of the internationally important ecological interests; 		To highlight the potential for habitat creation and green infrastructure in line with the aspiration for enhanced green tourism, complementing Policy EN5..
(1)FA6 Chapter 12, pg. 78 Paragraph 12.32 Amend Policy RA1 (iii) to clarify that it covers local services, as well as shops and public houses, to read:
(iii) Ensuring thriving and viable rural communities, by retention of, and support for, local shops, services and public houses in villages; 		To better support the retention of local services and to accord with the NPPF (paragraph 70).
(2)FA7 Chapter 12, pg. 81 Figure 12 Amend the housing completions and commitment numbers for Catsfield and Sedlescombe in Figure 12, to read:
Settlement/Area
All Completions 2006-2011
 (01/04/2006 to 01/04/2011)
Commitments 2011 to 2028 (Allocations and Permissions)
Proposed New Allocations
Core Strategy
Total New Housing 2011-2028
Requirement is 950-1,000
Low High Low High
Catsfield 7 (was 4) 12 (was 7) 0 30 12 (was 7) 42 (was 37)
Sedlescombe 14 (was 11) 28 (was 33) 8 25 36 (was 41) 53 (was 58)
To correct factual errors following checks on records of completions.
(4)FA8 Chapter 12, pg. 84 New paragraph between 12.52 and 12.53 Insert new paragraph to read:
More generally, development in the countryside must have regard to impacts on both landscape character and natural resource management. ‘Natural resources’ in this context includes biodiversity, water resources, water quality, floodplains, coastline, air quality and minerals. 		To clarify the term ‘natural resources’ referred to in RA3 (v).
(3)FA9 Chapter 12, pg. 86 Policy RA3 Amend RA3 (iii) (a), to read:
(a) agricultural dwellings in accordance with PPS7 Annex A dwellings to support farming and other land-based industries. Normally, accommodation will initially be provided on a temporary basis for a period of three years. Both temporary and permanent dwellings will be subject to appropriate occupancy conditions, and all applications should comply with the following criteria:
  1. demonstrate a clearly established functional need, relating to a full-time worker primarily employed in the farming and other land-based businesses;
  2. demonstrate the functional need cannot be fulfilled by other existing accommodation in the area;
  3. demonstrate the unit and the agricultural activity concerned are financially sound and have a clear prospect of remaining so;
  4. dwellings are of appropriate size, siting and design.

Also, amend paragraph 12.57, to read:
12.57 To protect the undeveloped and rural landscape of the countryside, new residential development, as for other forms of development in the countryside, must be limited to that which cannot be located in an urban area, specifically in limited circumstances, as set out in the National Planning Policy Framework, Annex A of PPS7: Sustainable Development in Rural Areas, and which positively contributes to maintaining the landscape heritage and character of the area. In particular, new dwellings may be essential for the proper functioning of land-based businesses (i.e. farming, forestry and equine-related activities). Such businesses should be demonstrably ‘financially sound’, which normally means that permissions will initially be on a temporary basis. Permanent dwellings will normally require the agricultural unit and activity to have been established for at least three years, have been profitable for at least one of them, be currently financially sound and have a clear prospect of remaining so. Careful consideration should also be given to the siting, size and design, as well as access. The siting of new dwellings should be well-related to existing farm buildings or other dwellings, wherever practicable. To ensure that a dwelling remains available to meet the recognised need, occupancy conditions will be applied.

To remove reference to PPS7 Annex A, as DCLG has confirmed that it has been superseded by the NPPF. New policy wording retains key elements of Annex A.
(3)FA10 Chapter 12, pg. 86 Policy RA4 and paragraph 12.65 Amend RA4(i) (c) to remove reference to affordable housing in the sequential approach, to read:
(c) Where such uses are not suitable, due to adverse impacts on amenity or rural landscape character, such buildings will be considered for residential conversion for affordable housing for those with a local housing need, including local key workers. Open market residential conversions will only be considered where no such local housing need is found, or where no Registered Provider is willing to take on the scheme or not achievable due to viability, then residential use may be considered acceptable. Also, amend the supporting text at paragraph 12.65 accordingly, as well as to highlight the viability test, and cross refer to the relevant housing policy, to read:
12.65 Where such conversions are not suitable for the particular nature or location of the buildings, or where the applicant has demonstrated that employment or tourism uses are not viable, residential conversions will be considered. In such circumstances, the applicant should demonstrate that every attempt has been made to secure an employment or tourism re-use first. Where such residential conversion involves the creation of a new dwelling(s), then the scheme will be required to contribute towards the provision of affordable housing in accordance with Policy LHN2.
In order to help meet the local housing need, priority for residential conversions will be as affordable housing for people with a local connection by living or working in the area, which may include local key workers30. This will operate in a similar way to the ‘Exception Sites’ policy in the Housing chapter, via liaison with the Council’s Housing Division and the relevant Registered Providers. Where there is no household with a local connection in need of affordable housing, or where a scheme is otherwise not feasible, open market housing will be considered. 		In light of both objections and of further research showing that Registered Providers are unlikely to take on such properties for viability and resource reasons.

Supporting text is amended accordingly, clarifies the hierarchical approach of Policy RA4 and adds a useful cross-reference highlighting that policy LHN2 also applies.

(3)FA11 Chapter 12, pg. 88 New Paragraph after 12.68 Insert an additional paragraph after 12.68, to read:
Historic farm buildings can often also be important habitats for wildlife such as bats, barn owls and other nesting birds. The English Heritage document ‘The Conversion of Traditional Historic Farm Buildings: A guide to good practice’ also gives advice on wildlife legislation in this respect, and advises that an ecological survey should be carried out at project feasibility stage to establish whether there are protected species present. 		To support the existing policy reference RA4 (iv) regarding the protection of habitats for protected species.
(4)FA12 Chapter 13, pg. 95 Policy SRM1 and paragraph 13.15 Amend SRM1(i), to read:
(i) Require proposed developments of more than100 10 dwellings or 1,000m2 of non-residential floorspace to provide a comprehensive energy strategy and, for proposed developments of more than 100 dwellings or 50 apartments to require such a strategy to include an assessment of the potential for combined heat and power and district heating, including an assessment of the potential for solar, biomass and wind generated energy, and of combined heat and power, and consider extending this requirement to smaller schemes, subject to further assessment of the thresholds via a subsequent DPD and/or SPD; Also, insert a sentence at the beginning of 13.15 to read:
The Study recommends the development of energy strategies for developments over certain thresholds. It also recommends the scope of strategies, which should be based on the predicted energy demand as derived from building physics modelling. 		To better reflect the recommendations of the Council’s Low carbon and renewable energy potential study, in response to objections, and to support the NPPF (paragraph 97).
(1)FA13 Chapter 13, pg. 95 Policy SRM1 Amend SRM1(iii) to read:
(iii) Support stand-alone renewable and low carbon energy generation schemes, particularly those utilising solar, biomass and wind energy technologies, that:
  1. do not have a significant adverse impact on local amenities, ecological and heritage assets or landscape character, particularly those utilising solar, biomass and wind energy technologies
To improve the readability of the policy in respect of renewable energy potentials, and to more fully reflect potential environmental constraints, partly in response to an objection.
(1)FA14 Chapter 13, pg. 95 Policy SRM1 Insert an additional part to SRM1, to read:
(viii) Expect new developments to provide and support recycling facilities; 		To accord with the South East Plan, give policy expression to existing text at paragraph 7.75, and in response to an objection.
FA15 Chapter 13, pg. 95 Policy SRM1 Amend SRM1 (vi) to read:
(vi) Adaption Adaptation in accordance with the East Sussex LCLIP, including through building in resilience to anticipated climatic changes, including through green infrastructure; 		Reference to the LCLIP is no longer appropriate, although no change in policy scope is proposed. (This amendment also shows a non-material change to correct a typographic error, where the first word should read ‘Adaptation’.)
(1)FA16 Chapter 13, pg. 98 Policy SRM2 and paragraph 13.28 Amend SRM2 (ii) to refer to the South East River Basin Management Plan, to read:
(ii) Ensuring that new development does not have an adverse effect on the water quality and potential yield of water resources, in line with the objectives of the South East River Basin Management Plan, including with particular reference to groundwater ‘source protection zones; Also, include reference to relevant Environment Agency guidance at the end of paragraph 13.28, to read:
Particular regard should be given to the Environment Agency’s ‘Groundwater Protection: Policy and Protection (GP3)’ document. 		For clarification and to highlight alignment with the objectives in the South East River Basin Management Plan
(4)FA17 Chapter 13, pg. 98 Policy SRM2 and a supporting paragraph Redraft criterion (v) to give greater emphasis to water efficiency, to read:
(v) The promotion of Ensuring that all development incorporates water efficiency through the use of rainwater and grey water storage and recycling measures appropriate to the scale and nature of the use proposed. Also, insert a new paragraph after paragraph 13.29 to highlight water resource issues, the need for water efficiency, potential measures and how these will be defined; to read:
Given the pressures on water resources, it is important to use water efficiently. Further consideration of specific water efficiency measures, including the use of water efficient appliances, rainwater and grey water storage and recycling, will be made through the Development and Site Allocations DPD. 		To provide greater clarification and to give greater emphasis on how the Core Strategy supports water efficiency and reducing water consumption.
(2)FA18 Chapter 14, pg. 105 Policy CO3 Qualify the support for water-based recreation in (vi), to read:
(vi) giving particular support for water –based recreation along the coast near Camber Sands and Bexhill, and at Bewl Water, having due regard to environmental considerations. 		To highlight the proper regard to be paid to environmental considerations, including to the integrity of the ‘Natura 2000’ international nature conservation sites.
(1)FA19 Chapter 17, pg. 146 Paragraph 17.41 Redraft paragraph 17.41 to read:
17.41 Rother’s Appropriate Assessment examines whether the Core Strategy is likely to have any significant impacts on European designated conservation sites. This assessment cannot definitely say that there will be no significant effects on European Sites. It is recognised that there is a need to manage recreation and tourism activities so they do not harm the integrity of these sites. More generally, green infrastructure can be used to avoid adverse impacts on biodiversity through buffering or provision of alternative sites for outdoor recreation. Whilst recognising the need for sensitive management of green infrastructure activities. 17.41 Rother has a number of designated sites of international significance within the district and is required to undertake an Appropriate Assessment (AA) to ensure that plans or projects either individually or in combination will have no adverse effect on the integrity of the international sites. The AA process has identified a number of potential impacts which have been addressed in the Core Strategy. There is a requirement for the sensitive management of tourism and recreational activity upon the International sites. To preserve the integrity of the International sites the Council alongside other agencies and stakeholders, will implement a Sustainable Access Strategy to monitor visitor numbers arising from all sources, and ensure responsible management of the Dungeness complex. Further elaboration can be found in Paragraph 10.20. 		To clarify the role of the Appropriate Assessment process and update reference to its findings and the consequential changes:
(2)FA20 Chapter 17, pg. 147 Policy EN5 Amend Policy EN5 by the addition of a further criterion, inserted after (i):
Protect and enhance the international, national and locally designated sites, having due regard to their status; 		To clarify that the protection given to nature conservation sites will relate to their status in the hierarchy of designations.
FA21 Chapter 17, pg. 147 Policy EN5 Amend the first sentence of Policy EN5 and insert additional part, as follows:
Biodiversity, geodiversity and green space will be protected and enhanced, by multi-agency working where appropriate, to: 		To ensure compliance with the NPPF (paragraph 117).
(3)FA22 Chapter 19 , pg. 166 Policy IM3 Amend Policy IM3 (i) to read:
  1. maintain a 5-year supply of available housing land in compliance with the National Planning Policy Framework;
To ensure compliance with NPPF (paragraph 47)
(2)FA23 Sustainability Appraisal SA Amend the Sustainability Appraisal (SA) in the form of an addendum, setting out further explanation and clarification, to include:
  • an elaboration of options (particularly B, C and D), of how they were generated, and broadly quantify and elaborate on assumptions made in the assessment of sites. Add new section on ‘Plan Options’
  • a new table – ‘reasons for acceptance and rejection’
  • new paragraphs to elaborate on performance of plan’s strategy in a narrative way
  • The inclusion of the missing summary of option D

For the full amendments see the ‘Proposed Submission Core Strategy Sustainability Appraisal (incorporating Focused Amendments)’

To partly respond to an objection, improve readability and correct minor drafting errors.
1 www.rother.gov.uk/media/pdf/2/o/Proposed_Submission_Core_Strategy.pdf 2 www.rother.gov.uk/sa 3 www.rother.gov.uk/corestrategy
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