Rother Local Plan 2020-2040 (Regulation 18)

Explanatory Text:

(1) 6.1 The need for good accessibility to healthcare facilities and support systems which meet all society's needs is a critically important component of Live Well Locally.

(1) 6.2 The COVID-19 pandemic and the climate emergency have highlighted three important health and wellbeing concerns regarding 'places and people':

• That those who live in more deprived urban and rural areas are more susceptible to their effects.
• The importance of the built environment and the relationship we have with it.
• The importance of nature as essential to our continued wellbeing and the impact of restricted access to it.

6.3 These issues are not new, and over the long term (during the timeframe of the Local Plan and beyond) it is important for planning policies to support the improvement in health and wellbeing of local residents. There are clear opportunities for development to help deliver this, addressing the demographic composition and health inequalities across the district. Rother's residents generally have a higher life expectancy than the national average and the 2011 and 2021 censuses show an increase in those reporting 'very good' health.

(2) 6.4 The 2021 census also highlights that Rother has an ageing population, with a median age of 53 (the second highest in England and three higher than 2011), far older than the English median of 40. There are also pockets of deprivation across the district, and health inequalities in particular areas such as Bexhill Sackville and Sidley wards, and areas of Rye. The aim of the policy is therefore to ensure equality for all, and narrow the gap in deprivation and health characteristics.

Regulation 18 commentary:

6.5 The ESCC's Public Health Healthy Places team has been working with all Local Planning Authorities within East Sussex to deliver the County Council's statutory public health responsibilities. They will be a key advisor on health and wellbeing issues.

6.6 The Council is also working closely with its other partners to adopt a clearly defined set of priorities and an integrated approach to planning for health, wellbeing and the environment. This will be an active dialogue throughout the production of the Local Plan. This starts with local representative bodies of the health system to ensure that their respective delivery plans and strategies are aligned. In working together, joint statements or plans can be developed. Early engagement has taken place with some of the relevant bodies, and further engagement is required as the Integrated Care System and Board becomes more established. Internally, the Council has published an Anti-Poverty Strategy and a Health and Wellbeing Strategy which helps to address the health inequalities in Rother District, and supports the live well locally concept of the Local Plan.

(1) Proposed Policy HWB2: Health Impact Assessments

Explanatory Text:

6.7 Health Impact Assessments (HIAs) identify the unintended health consequences of a plan or project and the potential health impacts that it might have on the local population. They consider whether development maximises the positive impacts and minimises the negative impacts, while addressing health inequalities. By bringing health considerations to the fore, HIAs add value to all projects, proposals, policy and strategy and put people and their health at the heart of the planning process.

(1) 6.8 An HIA must be undertaken at the initial stages of the development to inform the proposal and as such the use of the Council's pre-application service is recommended to provide input at an early stage and to add value and benefit to the application. An HIA should not be conducted after a planning application has been formally submitted as this leaves less room for changes to be made to a proposal and may lead to an application being refused.

6.9 The thresholds over which an HIA is required are of an appropriate scale to consider the wider impacts on health and wellbeing. These thresholds have been proposed in consultation and engagement with ESCC's Public Health Healthy Places team and strike an appropriate balance at which input can be given.

6.10 All applications for major development^[38] that fall within the 20% most deprived wards nationally will require a screening process to ascertain whether a proposal is likely to have a major impact on health and wellbeing. This will determine, on a case-by-case basis, if the specific proposal requires a full HIA.

(1) 6.11 There is a wide disparity between areas of the district that are affluent and those that are deprived. The 2019 Index of Multiple Deprivation identifies that in Rother, six^[39] lower super output areas (LSOAs) fall within the 20% most deprived nationally. These six small scale areas primarily fall within four wards. To make the implementation of HIAs easier, it is the Ward level that will determine if an HIA is required in deprived areas. These tend to be in built-up areas where development sites are often smaller and do not meet the HIA thresholds. However, research shows that housing quality must be improved to change relative deprivation in an area. As such, all applications for major development in these areas will require an HIA.

6.12 HIAs will be required to incorporate and address the considerations contained with the East Sussex HIA toolkit, which is currently under development.

Regulation 18 commentary:

6.13 HIAs are referenced directly in Planning Practice Guidance, and there are good examples of adopted policies from other local authorities. These act as a useful starting point, but a suitable policy for Rother needs to be considered in the context of our district, based on local health indicators and wellbeing evidence. As part of the early engagement on the Local Plan, the Council has been working with the ESCC Public Health team to prescribe the types of development that the Council would require an HIA for.

Proposed Policy HWB3: Reducing Harmful Impacts on Health

Explanatory text:

6.14 The PPG on 'Healthy and safe communities', reinforced by guidance from Public Health England, promotes the ability for a Local Plan to limit the proliferation of particular uses where evidence demonstrates this is appropriate. The PPG does not distinguish or define the types of uses that a Local Plan could restrict.

6.15 As such, the Council has identified the uses that it does have planning control over where they also have a known negative impact on physical and mental health and wellbeing. This is evidenced in the Health and Wellbeing background paper.

6.16 The uses are all currently specifically excluded from classification into a use class and instead defined as sui generis, which means 'unique in character' and 'a class of its own'. Planning permission is required for these uses.

6.17 Guidance from PHE also suggests limiting hot food takeaways around places that are often used by children and families through a 400m "exclusion zone" around these areas. A distance of 400m is recommended as this is considered to be a reasonable five-minute walk. The guidance is clear that each application must still be determined on its own merits and an outright blanket ban within the 400m zone is not recommended. The same guidance also recommends that a local planning authority can restrict, via condition, the opening hours of a takeaway to promote a heathier environment for children during school opening and closing times.

6.18 In addition to the health impact, a proliferation of hot food takeaway uses can also be harmful to the character and vibrancy of any given area/high street. Hot food takeaways may, for example, only open in the evenings leading to an impact on an area's daytime function as a shopping area. External shutters can also make the area less attractive to visit. These potential impacts would be assessed through applying the Live Well Locally policies.

Regulation 18 commentary:

6.19 There are small scale commercial uses which have a potential for significant negative impacts on both physical and mental health and wellbeing and should be given specific attention in the planning process. Both the Council and the County Council wish these uses to be given proportionate consideration to meet the vision and objectives of the Local Plan. Uses identified in the policy will therefore need provide appropriate and proportionate evidence on the impact on health and wellbeing, including impact on specific locations, proliferation of uses within the area and mitigation measures to minimise any harmful impacts.

6.20 The use classes that are defined by the Town and Country Planning (Use Classes) Order 1987 (as amended), coupled with The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) limits what sort of uses the Council has any planning control over under current legislation.

6.21 The policy approach responds to guidance on commercial uses that are known to potentially have a health and wellbeing impact and over which the Council does have planning controls. It seeks to ensure that these small developments, are given particular consideration in the decision-making process to protect health and wellbeing.

(1) Proposed Policy HWB4: Community Facilities and Services

Explanatory Text:

(1) 6.22 Participation in community and social activities, at community and village halls and places of worship, but also a wide range of arts, culture, leisure and recreation venues, has a key role to play in the vitality of settlements and makes a positive contribution to maintaining and developing sustainable communities. In addition, the services provided by local shops, medical, health and social services are vital.

(2) 6.23 These community facilities and services are located throughout the district, in both urban and rural areas. They play a particularly important role for both younger and older people, for educational and recreational purposes, for health and well-being and socialising, whether that be in a small rural community or within a larger urban area. This is especially relevant in the more deprived areas of the district.

6.24 Given the large, predominantly rural nature of Rother district with many small communities, the provision of community hubs for people to gather and interact, and the opportunity to form links across generations, should be available as locally as possible. As referenced in the Council's Anti-Poverty Strategy, these are important social and recreational venues for a range of local groups, such as nursery and pre-school groups and uniformed associations (such as scouts and guides) for example. They can also provide a focal point for support services and contribute to being able to Live Well Locally.

6.25 The policy approach is to strongly support the modernisation, improvement, co-location and, where appropriate, replacement of such facilities in order to create community hubs where community use is maintained and maximised. This recognises that new or improved community services and facilities will be required over time.

6.26 The loss of facilities that meet a local community need will be resisted, as this could have a significant impact upon the ability of residents to access services locally. Applications proposing a loss of community facilities will be tested against Policy DEV4 – Retention of Sites of Community or Economic Value, requiring a comprehensive, sustained marketing campaign at a realistic valuation.

6.27 Community facilities can be delivered at both a county and district level as well as at a parish and neighbourhood planning level. The Council has undertaken an assessment of the level of community facilities and services that are available to settlement areas as part of its Settlement Review evidence base for the Local Plan. This helps identify the sustainability of the settlements, and whether any additional services are required to improve the sustainability of settlements and support future growth.

6.28 The Council can in certain situations, as outlined in the NPPF, use conditions that are attached to a planning permission to restrict nationally defined permitted development rights. However, the reason for doing so must be clearly justified and therefore in the case of any new community uses being permitted this option will be considered on a case-by-case basis, looking at factors such as the location of the new development and its proximity to other similar uses.

Regulation 18 commentary:

6.29 Since the adoption of the Core Strategy in 2014 and DaSA in 2019, there have been changes to the various use classes that are defined by the Town and Country Planning (Use Classes) Order 1987 (as amended). This has been coupled with changes to The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). Taken together, this changed the types of development the Council currently has any planning control over under current legislation.

6.30 These changes provide greater protection for a local shop, community hall, an area for outdoor sport and recreation as well as a swimming pool or skating rink, by identifying them as Class F.2 'Local Community'. The changes also bring some of the old Class D1 uses, such as health centres and indoor sport facilities (except swimming pools and skating rinks), into the new Class E (Commercial, Business and Service) which is a broader use class, which also has certain permitted development rights to change from this use without the need for full planning permission.

6.31 The Council has defined all the current uses that this policy applies to, broadly covering the uses that are currently protected under adopted policy, to ensure that this policy is applied to the right types of development.

(2) Proposed Policy HWB5: Green and Blue Infrastructure

Explanatory Text:

(2) 6.32 Alongside community facilities and services, green and blue infrastructure provision plays a key role in boosting the vitality of communities and has a direct positive impact on their physical and mental health and wellbeing. Studies have shown that living in a greener environment can have significant positive impacts. People who have greater exposure to greenspace have a range of more favourable physiological outcomes, including better recovery from illness and managing poor health. Greener environments are also associated with better mental health and wellbeing outcomes, including reduced levels of depression, anxiety, and fatigue, and enhanced quality of life for both children and adults. Greenspace can help to bind communities together, reduce loneliness, and mitigate the negative effects of air pollution, excessive noise, heat, and flooding. Evidence shows that disadvantaged groups appear to gain a larger health benefit and have reduced socioeconomic-related inequalities in health when living in greener communities.

6.33 On top of the health and wellbeing aspects, green and blue infrastructure creates a network of natural spaces for biodiversity and environmental benefits. Furthermore, these spaces can help address the growing issues of climate change, particularly by providing shade and cooling to the users in an otherwise warming environment, reducing water run-off during flash flooding and storing carbon. Green and blue infrastructure provision is therefore crucial to the success of this Local Plan's Green to the Core and Live Well Locally overall priorities.

(1) 6.34 Some of Rother's key recreational facilities come in the form of its waters, including the coast, and Bewl Water which crosses into both Tunbridge Wells Borough Council and Wealden District Council. All of Rother's water assets play a multi-functional role providing tourist attractions and positive impacts on health and wellbeing. However, this needs to be balanced with a need to protect the environment, particularly where these locations are also in places where there are statutorily protected sites for their habitats and/or species, expended on in Policy ENV5: Habitats and Species. As such, a sensitive approach is needed when considering the impacts of a proposed development, working with our neighbouring authorities where relevant.

Regulation 18 commentary:

6.35 The Council, jointly with HBC, has produced a Playing Pitch and Built Facilities Strategy 2023-2039 which is an evidence base document for this Local Plan. Produced in line with Sport England's latest guidance and in partnership with national sports bodies, it assesses current formal sports pitch and facilities provision and the need for improvement. The Strategy makes a number of recommendations, contained in Chapter C – Policy Recommendations, that the Council will pursue through this policy.

6.36 In 2023, Natural England published a Green Infrastructure Framework which seeks to provide a holistic appreciation and approach to support the growth of green and blue spaces nationally. The Council will use Natural England's GI Framework's Principles and Standards as a tool to review and update the 2006/7 Green Spaces, Sport and Recreation Study, 2011 Green Infrastructure Study and 2016 Addendum. This will be produced following consultation on this draft Local Plan. The intention is to designate green and blue infrastructure of the Local Plan' Policies Map.

(2) Proposed Policy HWB6: Public Rights of Way

Explanatory Text:

6.37 As a predominately rural district, Rother benefits from over 930km of Public Rights of Way (PRoW)^[42]. In rural areas, these routes can offer a safer form of connection than would otherwise be had through walking, wheeling or cycling on roads and lanes. However, the PRoW are not just limited to rural areas, and are an important asset in our towns and villages (twittens for example) in promoting physical activity. PRoW include footpaths and bridleways, and for the purposes of this policy other networks, such as the National Cycle Network which currently is in the form of National Cycle Network Route 2, are included.

6.38 The Council supports the creation of new PRoW throughout the district, particularly where these can improve walking, wheeling and cycling connections between settlements or to visitor attractions or if there is a gap in provision in the particular locality. This could include improving bridleways to create greenways, suitable for walking, wheeling, cycling and horse-riding.

6.39 The loss or harm to these networks through development must be avoided and access to the PRoW network enhanced as part of a development proposal. This policy seeks to ensure that any development where the site includes a public right of way, or is in close proximity to one, takes regard of the existing network. It should ensure that no harm would be caused to the use and enjoyment of that network for all its users.

(1) 6.40 In addition to this, no PROW should be removed and a development should only seek to directly alter a PRoW, if there is an overriding benefit in doing so. As a minimum, the level and type of access currently in place must be replicated as part of the new development. In practice, an improvement to the network being impacted is expected. Where development is adjacent to a PRoW, the Council would expect that access is provided to this network to enable the users of the new development to access the PRoW.

6.41 It is important to emphasise that this policy does not apply to any private or permissive rights of way that may have been established and allowed over time, as these are in private ownership with the landowner able to restrict and remove the permissive right of way at any time. As such, it is not appropriate for the Council to imply any formalisation or protection of any permissive rights of way through this policy.

6.42 PRoW also encourage and enable access to the countryside. This must be balanced against the need to protect sensitive habitats from levels of tourism and recreation that could lead to biodiversity loss. There are some targeted policies contained within the Local Plan which seek to address this, particularly Policy ENV6 (Sustainable Access and Recreation Management Strategy) which covers the Dungeness Complex of internationally protected sites and seeks to manage recreational pressure and disturbance within the Strategy area.

Proposed Policy HWB7: Combe Valley Countryside Park

6.43 The Gap between Bexhill and Hastings/St Leonards is a valuable 'green lung' between the towns. The Combe Valley Countryside Park is an area of approximately 600 hectares which provides access to the countryside and facilitates a range of appropriate recreational activities, while balancing the need to proactively manage wildlife habitats.

6.44 The Park includes a former landfill site, agricultural land, six woodlands, ten football pitches as part of Bulverhythe recreation ground, two reedbeds, two areas of fen and an area of vegetated shingle beach backed by sandstone cliffs.

6.45 The Countryside Park addresses the deficiency in green space for the towns of Hastings and Bexhill. Public access routes enable safe and controlled access to the Countryside Park. There are many protected sites within the Countryside Park, covering areas such as biodiversity and archaeology. These cover both the terrestrial and marine environments and due regard must be had to them when determining proposals within the Countryside Park.

6.46 While the former land-raise operation for waste management has long ceased, there is continued use of land within the locality for waste collection, in line with the waste planning authorities' Waste and Minerals Plan. It is important that such operations are contained and do not conflict with the aims and objectives of the Countryside Park.

6.47 The Park was jointly established by RDC, HBC and ESCC. In 2015, a Community Interest Company (CIC) was formed with a board of directors including representatives of the three councils, local businesses, landowners and stakeholders, including the Friends of Combe Valley Foundation (a group which was established by local residents).

6.48 Any proposals for development should be small in scale and relate.

6.49 As the Park has become established, it has helped take some of the pressure off the other sensitive leisure destinations in the area and has specifically helped to manage the recreational pressure on more sensitive habitats, most notably the international Habitat Site designations to the south-east and south-west of the district. Therefore, there is an added importance that the policy ensures that the vitality of the Countryside Park is maintained to ensure that it itself acts as an important open space whilst also allowing for a shift in recreational demand from other areas.

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