Rother Local Plan 2020-2040 (Regulation 18)

Explanatory Text:

(3) 3.7 The UK Climate Change Act commits the UK Government by law to ensuring that the UK's greenhouse gas emissions for the year 2050 are at least 100% lower than the 1990 baseline (net zero). Dwellings are a significant contributor to greenhouse gas emissions, responsible for 16% of the UK's total emissions in 2020, and unlike other sectors such as business and transport, residential homes saw emission levels rise between 2017 and 2020^[16].

3.8 The introduction of a new Future Home Standard by Government by 2025 will help towards meeting the net zero goal, with an interim uplift to Building Regulations already in place from June 2022. However, because the Standards continue to measure carbon emissions, rather than energy use, it will not result in low energy homes. Both LETI and the UK Green Building Council recommend that energy use intensity targets should be used to ensure an improvement in energy efficiency and reduce grid demand.

3.9 This policy introduces Total Energy Use Intensity (TEUI) targets for operational energy. This approach is tied to our wider ambition of contributing to the radical reductions in carbon dioxide emissions required nationally. The TEUI approach measures operational performance and requires the use of the energy hierarchy (prioritising carbon savings from optimal fabric efficiency standards, renewable heat supply and on-site renewable energy) to minimise energy use.

3.10 In order for new dwellings to demonstrate compliance with the proposals set out in an approved energy statement, a BRE Home Quality Mark post-construction assessment or similar will be required to be submitted at practical completion.

3.11 Non-residential TEUI targets are set for light industrial and office buildings. To achieve these targets, it is likely that rooftop and/or on-site ground solar PV systems will need to be installed.

3.12 For industrial buildings, including warehouses, the target is flexible. A feasibility statement should demonstrate that the best energy efficiency outcomes have been achieved to serve the proposal, by maximising opportunities for on-site solar PV systems and optimising building fabric performance, heating and ventilation.

3.13 Embodied carbon (the carbon associated with both building materials and the construction and maintenance of a building throughout its whole lifecycle) is a significant contributor to carbon emissions and is likely to amount to as much as 50% of total emissions over a building's lifetime as operational emissions reduce. Arup's Rother Climate Change Study (2023) advises that, based on the joint Embodied Carbon Target Alignment guidance from LETI, RIBA and other industry organisations, current average building design achieves an E rating on the LETI carbon rating system, equating to 950 kgCO2 /m2 upfront embodied carbon and 1400 kgCO2 /m2 total embodied carbon. While the policy aim should be to achieve the LETI A rating for both residential and non-residential buildings, Arup's carbon specialists advise that the construction industry is not yet capable of meeting this. Therefore, a staggered approach is proposed to transition towards meeting the LETI A rating target from 2030.

3.14 The policy requires applicants for major development to submit a whole life carbon statement demonstrating an understanding of the emissions of a project holistically over its lifespan. As an example, the LETI Whole Life Carbon one pager sets out how to do this.

3.15 In relation to waste, the emerging ESCC Waste and Minerals Local Plan (proposed submission version, September 2021) requires proposals to minimise the quantities of aggregates used in construction and prioritise the use of recycled and secondary aggregate over virgin aggregate. It supports the promotion of sustainable aggregate use policies within Local Plans.

Regulation 18 commentary

3.16 On 13 December 2023, a Written Ministerial Statement was made that advised that while the plans of some local authorities have sought to go further than national standards in terms of efficiency for new-build properties, the Government wants to strike the best balance between making progress on improving the efficiency and performance of homes while still ensuring that sufficient numbers of housing are built.

3.17 The Statement advises that the Government does not expect plan-makers to set local energy efficiency standards for buildings that go beyond current or planned buildings regulations. It advises that "any planning policies that propose local energy efficiency standards for buildings that go beyond current or planned buildings regulation should be rejected at examination if they do not have a well-reasoned and robustly costed rationale that ensures:

(2) 3.18 This draft policy would require energy efficiency standards above current building regulations, through an approach that focuses on achieving low energy homes rather than a carbon emission rate. The draft policy does not meet the requirements of the Ministerial Statement. Nevertheless, the Council is consulting on this proposed policy at Regulation 18 stage, to ascertain local opinion and will then consider the best policy approach for submission at Regulation 19 stage.
 

(5) Proposed Policy GTC2: Net Zero Retrofit Standards

Explanatory Text:

(1) 3.19 It is widely accepted that retrofitting all existing buildings is essential if we are to achieve net zero. A substantial amount of our annual CO2 emissions comes from existing homes - homes that are likely to be in use in 2050. If we retrofit them well, we can enjoy a host of environmental, social and economic benefits.

3.20 Retrofit is not only about reducing carbon emissions. A best practice retrofit should reduce fuel bills, reduce fuel poverty and also improve health and wellbeing.

(1) 3.21 LETI's Climate Emergency Retrofit Guide underpins the Local Plan retrofit policy, setting out what good retrofit looks like for existing homes, and targets energy consumption reductions of 60-80% for the average home.

3.22 LETI best practice for retrofit is led by the following principles, which must be addressed in a submitted Retrofit Plan, setting out building information, key works, and a plan for monitoring and consumption:

1. Reduce energy consumption.
2. Prioritise occupant and building health.
3. Have a whole building Retrofit Plan.
4. Measure the performance.
5. Think big!
6. Consider impact on embodied carbon.
    

(2) Proposed Policy GTC3: Construction Materials and Waste

Explanatory text:

(1) 3.23 There is a lack of valid, robust data analysis in relation to construction waste across the UK. This means that understanding the volume of waste produced and the associated environmental and carbon cost is not possible. The Local Plan seeks to ensure that the sustainability of development includes the construction stage.

(1) 3.24 Construction processes, such as BRE's pre-demolition audit and Design for Disassembly, ensure that every stage of the development process from design to demolition has been considered in terms of embodied and operational carbon and waste.

3.25 The pre-demolition audit provides advice about the products and materials that can be re-used or re-cycled prior to demolition or refurbishment tender documents to ensure best practice in resource efficiency is adopted by the contractor. The process enables the construction industry to manage waste sustainably and at a high value, with outcomes based upon accurate data.

3.26 The 'design for disassembly' concept aims to preserve resources and address concerns regarding power consumption. The key principle is that the buildings are made specifically for material recovery and value retention. Buildings designed according to the principle of design for disassembly are enduring and constructed in a way that envisions they will never be demolished, but layered in such a way that ensures that they will be one day taken apart for re-use.

Proposed Policy GTC4: Water Efficiency

Explanatory Text:

(1) 3.27 Rother is within a serious water stressed area as determined by the Environment Agency. In line with the Environment Agency's guidance, this classification can be used as evidence to support the tighter standards set out in Building Regulations for water usage of 110 litres per person per day via a condition of the development being approved.

(1) 3.28 Both South East Water and Southern Water have company-wide Water Resource Management Plans. These set out how the water companies will secure water supplies into the future. These plans have fed into the region-wide Water Resources South East plan which has brought together all the water companies in the region. Based on the published plans, the water companies currently state that they will be able to meet the demand for water. However, this needs to be assessed against the planned development in this Local Plan. Engagement will be undertaken with the relevant water companies as the Local Plan progresses.

3.29 New development must comply with Part G2 of Schedule 1 and regulation 36 to the Building Regulations 2010 (as amended) in relation to water efficiency. The water usage (from mains supply) is calculated from the sanitary appliances and white goods provided and installed. Applicants can calculate the estimated use with the methodology in the Water Efficiency Calculator in Appendix A, or Table 2.2 which sets out the maximum fittings consumption levels, both within Building Regulations Part G 2015.

Regulation 18 commentary:

(2) 3.30 This policy goes further than only requiring the tighter standards in Building Regulations by giving weight to development proposals which take opportunities to reduce water consumption. This includes measures such as rainwater storage and recycling which can reduce reliance on freshwater supplies.

3.31 In December 2023, the Secretary of State for Department for Levelling Up, Housing and Communities (DLUHC) announced a review of the Building Regulations 2010 (Part G) in spring 2024 to allow local planning authorities to introduce tighter water efficiency standards in new homes. The Council will monitor this.

Proposed Policy GTC5: Heat Networks

Explanatory text:

3.32 For residential developments, the most favourable opportunities for establishing new district heat networks are in Bexhill-on-Sea because of existing building heat density and the presence of large, non-residential buildings with sufficient heat demand to act as anchor loads.

3.33 The most favourable opportunities for large non-residential developments are in Bexhill-on-Sea and Rye Harbour. If district heat networks are established, all development proposals within the named settlements should connect to the network, or an extension to that network.

(5) Proposed Policy GTC6: Renewable and Low Carbon Energy

Explanatory text:

3.34 Planning policy has a fundamental role to play in the implementation of successful and long-term sustainable energy solutions, and this can be delivered with the support of other agencies and stakeholders.

(4) 3.35 Roof-top solar is strongly supported. Stand-alone ground mounted solar installation opportunities are limited within the district, however a policy that supports suitable schemes in appropriate sustainable locations, with community support is necessary.

(1) 3.36 The opportunity for the development of wind turbines within the district, is extremely limited and is not appropriate in, or within the setting of, the High Weald National Landscape. Broad locations, identified on the proposals map, or in a made neighbourhood plan, will at as 'areas of search'; where the Council will consider granting planning permission in line with national policy and this local plan policy.

Regulation 18 commentary:

(1) 3.37 Site allocations for ground mounted solar farms may be included in the Regulation 19 Local Plan consultation, where there is community support and subject to this and other policies. Our Climate Change Study corroborated the findings of RDC's Renewable Energy Background Paper (2016) with Catsfield and Crowhurst found to be the parishes with the most favourable spatial conditions for wind turbines, suggesting four wind turbines in total being feasible in these locations. This would be subject to further investigations regarding wind speed data as well as community responses to this consultation, before considering where to identify any 'broad locations'. No broad locations are identified on a policies map at this regulation 18 stage.

Biodiversity Crisis

(9) Proposed Policy GTC7: Local Nature Recovery Areas

Explanatory Text:

(3) 3.38 For many decades nature conservation in England has been founded in large part upon the identification and protection of key areas of habitat deemed our most important for nature conservation. At the core of this effort has been the notification of Sites of Special Scientific Interest, covering more than a million hectares or over eight per cent of England. Many are further protected through additional legal safeguards operated under European Union Directives.

(1) 3.39 The application of controls to protect this network of key areas is vital in safeguarding many of our best wildlife and geological areas and Policy ENV5: Habitats and Species sets these criteria in this plan. However, as repeated surveys have revealed, including the State of Nature, this is not enough to see nature thrive and to meet the needs of society.

(2) 3.40 The Environment Act places a duty on Local Authorities to have regard to its Local Nature Recovery Strategy – to create more, bigger, better and connected areas of wildlife-rich habitat benefiting nature and people. In Rother's case, this is the East Sussex (including Brighton & Hove) Local Nature Recovery Strategy.

(1) 3.41 The Government's ambition is that Local Nature Recovery Strategies will become the new focal point for a broad range of land use and management activity, and in so doing deliver a step-change in the effectiveness of the action we are taking for nature's recovery and associated environmental improvement.

(1) 3.42 The Local Nature Recovery Strategy must be considered in all planning applications.

Regulation 18 commentary:

3.43 Government announced the formal launch of the Local Nature Recovery Strategy (LNRS) processes country-wide in July 2023. The process in Sussex has started in earnest with West and East Sussex County Councils (the two responsible authorities, who will each be producing a LNRS) working closely together as well as with the Sussex Nature Partnership. RDC is a Supporting Authority, as defined under The Environment (Local Nature Recovery Strategies) (Procedure) Regulations 2023. It is anticipated that the East Sussex LNRS will be published in Summer 2025.

3.44 An interim document that draws together Rother's biodiversity data into one report is being prepared for Rother, which will assist in guiding decisions relating to biodiversity until the formal LNRS is published.

(7) Proposed Policy GTC8: Biodiversity Net Gain

Explanatory Text:

(3) 3.45 Biodiversity Net Gain (BNG) is an approach to development, and/or land management, that aims to leave the natural environment in a measurably better state then it was beforehand. BNG can be achieved on site, off-site or through a combination of both measures. In principle, on-site gains should be considered first unless it would be beneficial to deliver gains off-site, for instance through the enhancement of a nearby Local Wildlife Site. BNG should aim to support gains that are 'strategically significant', to be defined at the local level. If off-site, it should be delivered as close to the impact as possible, and within Rother District or the same Natural Character Area.

(2) 3.46 Mandatory BNG, which is a statutory requirement is set out in the Environment Act 2021. The Act sets out the following key components:

• Minimum 10% gain required calculated using Biodiversity Metric and approval of a net gain plan.
• Significant BNG secured for at least 30 years via obligations/ conservation covenant.
• Habitat can be delivered on-site, off-site or via statutory biodiversity credits.
• There will be a national register for net gain delivery sites.
• The mitigation hierarchy of avoidance, mitigation and compensation for biodiversity loss still applies.
• Does not change existing legal environmental and wildlife protections.

(2) 3.47 The health of our society and economy is directly linked to the health of the natural environment. Therefore, the severe, indicative decline in biodiversity over recent decades demands a strong and effective response.

(3) 3.48 The Environment Act 2021 proposes a minimum 10% BNG, but a minimum 20% BNG will be required within the district using the Statutory Metric. This higher level is justified because opportunities to deliver this off-site, if necessary, are available locally. The viability of development is unlikely to be unduly impacted in most cases.

Regulation 18 commentary:

(1) 3.49 The evidence base to justify going above the 10% mandatory requirement is being collated by the district, in collaboration with the Sussex Nature Partnership and neighbouring local planning authorities.

High Weald National Landscape

(5) Proposed Policy GTC9: High Weald National Landscape (AONB)

Explanatory Text

(1) 3.50 RDC is predominantly rural in nature, with 83% of the district being located within the High Weald Area National Landscape (NL), which is a designated Area of Outstanding Natural Beauty (AONB). An Area of Outstanding Natural Beauty (AONB) is an area of land protected by the Countryside and Rights of Way Act 2000 for its outstanding natural beauty. The statutory purpose of the landscape designation is to conserve and enhance the natural beauty of the area, and AONBs have the highest status of protection nationally in relation to landscape and scenic beauty. The remainder of the rural areas lie within the southern coastal belt, around Bexhill (some of which is Pevensey Levels) and Rye (some of which are the Romney Marshes).

(1) 3.51 It should also be noted that developments for housing, commercial, renewable energy, health and well-being and tourism uses are the subject of separate policies in the Local Plan, with the emphasis on locations outside of the High Weald National Landscape and, where appropriate, within them on a small scale.

Regulation 18 Commentary:

(1) 3.52 From 22 November 2023, all AONBs are known as National Landscapes. This change is endorsed by Natural England. The High Weald National Landscape is the new name for this protected landscape. The High Weald National Landscape remains an Area of Outstanding Natural Beauty insofar as all policy, legislation and guidance applies to the designated landscape. The statutory purpose of the designated landscape 'to conserve and enhance the natural beauty of the designated landscape' remains unchanged.

Description of the High Weald National Landscape character and key issues

(4) 3.53 The High Weald National Landscape (NL) is characterised by being one of the best surviving, medieval landscapes in Northern Europe. It is a well wooded landscape that rises above the Low Weald and contains distinctive and scattered sandstone outcrops. Main roads and settlements across the High Weald NL are sited along prominent ridgelines, with a further network of small winding lanes connecting scattered villages, hamlets and farms. The legacy of the early iron industry has resulted in extensive areas of coppice woodland and hammer ponds. Trees and vegetation have different characteristics in high forest, small woods and copses. Historic field boundaries are defined by a network of hedges and assarts (land created for arable use by clearing woodland).

(3) 3.54 The area's heavy clay soils have reduced the impact of agricultural change, in which mixed farming predominates a quiet, small-scale pastoral landscape. The cultivation of fruit and hops together with the associated distinctive oast houses help define the area. Particularly locally distinctive building typologies and features include long sweeping catslide roofs, oast houses, timber-framed barns and other agricultural buildings associated with local historic farming practices, The built form deploys a limited palette of materials associated with the local High Weald geology, including clay tile, brick, local stone and timber in construction, and often includes hung tiles and/or white weatherboarding. Suburbanisation of landscape character, including through conversion of farmstead buildings, new roads and highways works, and inappropriate edge of settlement development, is eroding the distinctive local style in many places.

(1) 3.55 A key challenge in the High Weald NL is to balance the importance of growth and development of settlements and rural economies, with the conserving and enhancing the natural beauty of the High Weald, including impacts on landscape and settlement character and features. However, small-scale more sensitive development, can, if located in the right places, improve the sustainability of settlements and clusters of settlements through the delivery of new services and facilities closer to where people live.

(2) 3.56 The Council have comprehensively reviewed the potential impacts of development on the landscape features of the High Weald NL in settlements across the district through the Settlement Study and the HELAA process. This has been based on the Council's existing evidence base on landscape character. Where further work to determine the impact in certain areas is required, this will be undertaken in advance of the completion of the HELAA and the identification of potential development sites in the Local Plan.

(1) 3.57 The Local Plan is supported by two important guidance documents produced by the High Weald National Landscape Team, which assist in the consideration and determination of planning applications. The High Weald AONB Management Plan covers a range of Local Authorities functions, and in particular can be used to guide environmental land management, climate change strategies, and is a material consideration in the planning process, including plan-making, site allocations, and assessing the impact of development proposals or other changes on the High Weald National Landscape.

(1) 3.58 Within the Management Plan, the High Weald AONB Statement of Significance sets out a number of components that comprise the natural beauty of the High Weald, and the Management Plan sets out specific objectives and actions for each component. The whole of the AONB is designated for its outstanding natural beauty, and all the AONB is important; any areas perceived as 'degraded' landscape characters should be seen as opportunities for the enhancement of natural beauty, contributing positively to the objectives of the Management Plan.

(1) 3.59 Meanwhile the High Weald AONB Housing Design Guide was prepared by the High Weald AONB Partnership, which includes the 15 local authorities with land in the AONB, to support the objectives of High Weald AONB Management Plan. The guide aims to give succinct, practical and consistent advice to set clear design expectations for new housing development within the High Weald National Landscape, to help to ensure higher quality and landscape-led design that reflects intrinsic High Weald character, and is embedded with a true sense of place, without stifling innovation and creativity. Importantly, the guide is not solely focused on the appearance or style of individual buildings, but rather about creating successful places in terms of layout, grain and massing of development.

3.60 The guide is broadly based on 'Building For Life 12' and takes into account the design guidance in the National Planning Policy Framework and Guidance and the National Design Guide 2019. This Guide explains how these design principles should be applied in the specific context and distinctive character of the High Weald AONB.

3.61 The guide is therefore in line with the Live Well Locally policies in this local plan which reflects Building for a Healthy Life (BHL). BHL has updated Building For Life 12, retaining the twelve point structure and underlying principles.

Policy approaches to protect and enhance landscape character in the High Weald National Landscape

(2) 3.62 The characteristics of relevant Landscape Character Areas and, where appropriate, the High Weald character components, provide a clear assessment framework for evaluating the siting, layout and design (including materials) of new development. Existing landscape features that are important to local character should be retained, while new features should be typical of the locality, fit naturally into the landscape and complement existing features.

(5) 3.63 National policy states that the highest status of protection should be afforded to the landscape and scenic beauty of Areas of Outstanding Natural Beauty (AONB) and great weight given to their conservation and enhancement. The NPPF specifically states that the scale and extent of development within an AONB should be limited and advises that planning applications for major development should be refused other than in exceptional circumstances. It sets out that proposals for major development should include an assessment of the need for the development, the potential to meet it outside the protected landscape or in another way and any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which that could be moderated.

(2) 3.64 The Council's proposed development strategy will identify in principle the types of development and locations that will be prioritised for growth, with the conclusion of the HELAA and further landscape assessment work helping to determine the amount of development that is capable of being accommodated satisfactorily and sustainably in and around the towns and villages within the High Weald NL. To support the integrity and importance of the High Weald NL and conserve and enhance its important landscape and scenic beauty the following policy approaches have been explored:

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