Rother Local Plan 2020-2040 (Regulation 18)

8 Housing

(9) 8.1 Rother is an attractive and desirable place in which to live, reflected by its high house prices relative to average earnings. Given its significant environmental and other constraints, including the extent of the High Weald National Landscape, areas of flood risk, designated wildlife sites, ancient woodland, heritage designations, a limited strategic road and rail network and a widespread rural population, providing enough of the right type of new housing to meet the needs of its residents is a significant challenge.

(2) 8.2 A key aim of the NPPF is to achieve "sustainable development", of which an important aspect is: "ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations".^[43] The NPPF goes further, highlighting the need for Councils to assess, and reflect in planning policies, the size, type and tenure of housing needed for different groups in the community, including, but not limited to, those who require affordable housing, families with children, older people, students, people with disabilities, service families, travellers, people who rent their homes and people wishing to commission or build their own homes.

(2) 8.3 This chapter addresses the approach to meeting local housing need within the district, for both open market and affordable housing, for different groups. It also includes Development Management policies relevant to housing proposals, including works to existing dwellings. Proposed Policy HOU1 below updates Policy LHN1 of the Core Strategy and is relevant to all housing developments.

(6) Proposed Policy HOU1: Mixed and Balanced Communities

Explanatory Text

8.4 The RDC and HBC geographical areas form one Housing Market Area (HMA) due to the strong commuting links and migration flows between the two areas. Consequently, the two Councils have jointly commissioned a Housing and Economic Development Needs Assessment (HEDNA) (2024). The HEDNA considers population characteristics and expected growth and sets out recommendations for an overall housing mix over the Local Plan period for each Council area by tenure and number of bedrooms. The recommendations for Rother are detailed in Figure 39 below. The actual mix to be delivered in a development will be determined on a site-by-site basis.

Figure 39: Recommendations for Housing Mix by Tenure for Rother district (HEDNA, 2024)

(2) 8.5 The figure shows that going forward, there will be a need for all sizes of properties in the district. However, over the Local Plan period there is expected to be particular growth in the number of households aged over 75, and in smaller households (single people and couples). Evidence^[44] shows that currently, many smaller, older households occupy larger (three-bedroom plus) properties. Three-bedroom properties are also the most popular sized dwelling for families aged under 65, with or without dependent children. While in the owner-occupied sector there will continue to be a significant demand for three-bedroom properties over the Plan period, providing more smaller properties could encourage some households to down-size. In the social rent and private rent sectors, more growth is expected in households requiring one- and two-bedroom properties.

8.6 The HEDNA recommends that the suggested proportions of one and two-bedroom market dwellings are considered a minimum, and higher proportions should be encouraged, where appropriate. This is likely to depend on the characteristics of individual sites including the scope for incorporating flats within developments. Higher proportions may be appropriate in those parts of the district with the greatest older populations.

8.7 Consequently, to meet the needs of the population over the Plan period, the policy requires a minimum of 30% market dwellings to be of one or two bedrooms. The benefits of providing smaller dwellings include improved affordability and enabling 'rightsizing' for older households. To protect the existing supply of small dwellings there is also a presumption against loss of dwelling numbers other than in exceptional circumstances. Examples of exceptional circumstances that could justify the loss of a dwelling could be where the proposal meets another specific Local Plan objective, for example, a change of use to a residential care home or tourist accommodation where a need exists, in accordance with Local Plan policy, or a proposal to create a HMO in accordance with Policy HOU6 (which is counted as a single dwelling, although it accommodates multiple households).

8.8 Additionally, while less affordable than smaller dwellings, a small proportion of 4+ bedroom properties will provide flexibility in terms of living space or opportunities for home-working, and could help free up existing even larger dwellings, some of which may be suitable to be sub-divided to provide a number of smaller dwellings in accordance with Policy HOU6.

(2) 8.9 In the social and affordable rented sector, the Council's Housing Register indicates a significant need for one-bedroom homes, particularly for older people, but also some family housing. Many older existing tenants wish to transfer to a small bungalow rather than a flat, so they can have a garden. The HEDNA (2024) recommends that the targets for this sector are applied flexibly to optimise the delivery of affordable housing.

8.10 For intermediate affordable housing for sale, the HEDNA recommends that two and three-bedroom dwellings are prioritised to meet the needs of young families. For First Homes, discussed further below, smaller dwellings are preferred due to the maximum price cap of these dwellings (£250,000) and the need to ensure that First Homes (a less "affordable" type of housing) do not prevent larger intermediate affordable dwellings for sale from coming forward (this being a tenure within the reach of a far wider range of household-incomes compared to First Homes).

8.11 Housing for a range of differing house types is required on larger developments, other than in exceptional circumstances where this is not appropriate or achievable, for example, where a proposal seeks to provide solely for older people. On larger schemes, particular consideration should be given to providing for different age ranges. This could include, for example, a proportion of ground floor dwellings to meet the needs of older residents, such as terraces of small bungalows with gardens, for which there is a demand, or flats to suit younger households including single professionals in appropriate locations.

(1) 8.12 Build-to-Rent (BTR) schemes are supported in principle in appropriate locations, in order to diversify the supply of housing and help meet demand for good quality, secure, private rented accommodation. BTR developments should comprise 20% affordable housing, in line with the Planning Practice Guidance.

8.13 It goes without saying that all new dwellings, including those arising from conversions and changes of use, will be required to provide a good standard of amenity for future occupiers in accordance with Policy DEV1 and to be constructed using sustainable methods and materials, incorporating low carbon and energy efficient design, and renewable energy generation, in accordance with the Policies of the Green to the Core chapter.

Regulation 18 Commentary

8.14 Compared to the current Local Plan policy (Core Strategy Policy LHN1), proposed Policy HOU1 includes a number of differences. Reflecting the recommendations of the HEDNA, it is proposed that the current Local Plan policy requirement^[45] for a minimum of 30% one and two bedroom properties as part of housing developments is retained, but widened out to cover all areas of the district, and to refer to market dwellings, to ensure that smaller dwellings are provided in this sector. Affordable housing is addressed separately through criteria (iii).

8.15 The existing Core Strategy policy requires developments of six or more houses to provide housing for a range of differing housing types. While this requirement remains appropriate, it is acknowledged that it is not always achievable, for example, where a proposal seeks to provide solely for older people, or for developments of flats, or an HMO. It is not the intention to resist these specialist forms of accommodation, for which there is a demonstrable need, and this is clarified in the new policy.

(1) 8.16 A further proposed addition to the policy sets out a presumption against a loss of dwelling numbers, other than in exceptional circumstances, for example, where it is proposed to convert flats into a single house. This is justified given the significant housing shortage in the district and the particular need for smaller dwellings.

8.17 The new policy also gives in-principle support for BTR schemes. BTR is a relatively new but increasingly popular mechanism for delivering homes in the private rented sector, although schemes have, to date, been focused largely in cities. It is distinct from other forms of private rented housing because BTR homes are designed and built for long-term renting, offering longer tenancies to occupiers. The private-rented sector is an increasingly important source of homes in Rother, particularly for younger age groups, given the high numbers of people unable to afford to purchase a property on the open market and the low level of social rented housing compared to the national average. However, the supply of private rental property is limited, and evidence^[46] finds that the "high demand, low supply" challenge creates an environment where some landlords have no incentive to provide good quality accommodation and many tenants feel unable to complain about issues in their homes. The Council has developed its Housing, Homelessness and Rough Sleeping Strategy, to be implemented on a cross-departmental basis, which among other things, sets out priorities and actions to improve the quality and suitability of existing housing, including in the private rented sector.

Affordable Housing

8.18 Affordable housing is defined in the NPPF as housing for sale or rent, for those whose needs are not met by the market. It can take several different forms, as explained in the NPPF glossary.

(1) 8.19 Where a need for affordable housing is identified, the NPPF requires Local Plans to set out policies to specify the type of affordable housing required. Where major development^[47] involving the provision of housing is proposed, planning policies and decisions should usually expect at least 10% of the total number of homes to be available for affordable home ownership.

8.20 The HEDNA (2024) identifies a significant need for affordable housing in Rother in the Plan period. This is due to a high, and increasing, house-price to earnings (affordability) ratio, meaning that growth in house prices is significantly outstripping growth in wages, and housing is becoming less affordable for people who live, work, and retire within the district.

8.21 Affordability problems affect both households seeking to rent and to buy a property. The HEDNA finds that just under 44% of newly forming households in Rother earn less than the amount needed to afford to rent a lower quartile (LQ) property^[48] on the open market, and 94% earn less than the amount needed to buy a LQ open market dwelling^[49] (assuming a loan to income ratio of 3.5 and a mortgage deposit of 15%). In addition to the many households who cannot afford open market rent, there are a significant number of households who fall within the rent/buy "gap" of being able to afford to rent, but not to buy.

8.22 The HEDNA finds that these figures translate to a net need for 325 affordable homes per year from 2021 to 2044 in Rother, comprising 238 affordable dwellings for rent and 87 affordable dwellings for sale. This compares to an average of 71 affordable dwellings which have been built each year in Rother since 2011^[50]. Consequently, a significant increase in the delivery of affordable housing is needed in order to meet demand. Indeed, the number of affordable dwellings required annually actually exceeds the average number of all dwellings delivered per year in Rother since 2011.

(1) 8.23 Traditionally, affordable housing has been delivered as a proportion of market housing on new developments, as required by planning policy. However, in recent years, viability issues arising in development schemes have often resulted in little or no affordable housing being delivered, even where there is a policy requirement. Alternative ways in which affordable housing can be delivered may become more significant, including:

• sites comprising 100% affordable housing, including those benefiting from funding from Homes England and other external agencies;
• sites delivered by the Council's own Development company, Rother DC Housing Company;
• allocating sites for 100% affordable housing through the Local Plan or a Neighbourhood Plan (subject to the availability of land and viability of such development);
• rural exception sites; and
• First Homes exception sites.

(2) 8.24 Given the significant need for affordable housing in Rother, it is appropriate to provide "in principle" policy support for development involving the provision of affordable housing, subject to compliance with other Local Plan policies. The following policies are relevant to developments on mixed-tenure housing sites or mixed-use developments; or developments comprised of 100% affordable housing.

(4) Proposed Policy HOU2: Affordable Housing

Explanatory Text

8.25 Policy HOU2 will set out the minimum percentages of affordable housing that will be required from developments in different parts of the district and will be informed by viability analysis, to be completed following the Regulation 18 Consultation on the Local Plan. The aim will be to prioritise meeting the affordable housing needs of the most vulnerable groups wherever possible, reflected in the policy requirement to maximising social rent. Policy HOU2 does not apply to 100% affordable housing developments within development boundaries as these are subject to Policy HOU3.

8.26 In line with the NPPF, affordable housing should be provided on site, in line with the thresholds set out in the policy. There may be exceptional cases where on-site provision is not possible, in which event, off-site provision or a financial contribution^[54] equivalent to the increased value of the development without on-site provision will be required. On rare occasions it may be found, after planning permission has been granted, that the agreed affordable housing units cannot in fact be provided on site (for example, because an affordable housing provider cannot be secured). A clause will be included within all planning obligations relating to affordable housing to address such situations so that a financial contribution can be secured instead.

8.27 To meet the policy requirements, where the affordable housing requirement results in a unit number which is not a whole number, the number of units required on-site will be rounded down to the nearest whole figure. The 'unmet' proportion of a unit will be funded through an in-lieu contribution equivalent to the cost of providing that part unit on-site.

8.28 Where proposals are made for fewer than 10 dwellings outside the High Weald NL and fewer than six dwellings in the high Weald NL, the Council will have regard to whether the size of the site would make it capable of accommodating more than that number of dwellings, and hence, include affordable housing provision. In these instances, where appropriate, the Council will require applicants to justify that the proposed number of dwellings makes efficient use of land in accordance with the NPPF and other Local Plan policies. Proposals which do not make efficient use of land, having regard to other Local Plan policies, will be refused.

8.29 It is acknowledged that there may be occasions when it is not possible for developments to provide a policy compliant level of affordable housing for viability reasons. However, given the potential for viability to change over time and indeed, throughout a project, the policy requires any deviation from the required affordable housing contribution to be robustly justified and supported by a site-specific viability assessment. Any planning permission where a policy-compliant level of affordable housing is not achieved will be subject to a planning obligation which includes a review mechanism to require viability to be reassessed during the lifetime of a project in order to maximise affordable housing provision.

8.30 The policy sets out the indicative tenure mix for affordable housing. The starting point is that a minimum of 25% of all affordable housing units secured through developer contributions should be First Homes in accordance with national policy. The delivery of social and affordable rented property is then prioritised to address the significant need identified in evidence. The policy does not prescribe a split between social and affordable rented but confirms that social rent will be prioritised.

8.31 The delivery of other forms of affordable home ownership properties, such as shared ownership, will help meet the needs of young families in particular. The requirement for First Homes does not apply to certain types of development, as set out in national policy^[55] and in these cases the starting point for discussions on an appropriate tenure mix for affordable housing shall be: 73% Social/ Affordable Rented (with priority given to maximising social rent) and 27% Affordable Home Ownership. This follows evidence in the HEDNA (2024).

8.32 In accordance with the National Design Guide, housing should be tenure-neutral, meaning that all affordable housing should be indistinguishable from market dwellings. There should be no segregation or difference in quality between the tenures (affordable rented, intermediate housing for sale, and open market), in terms of siting, accessibility, environmental conditions, external façade or materials. Homes of all tenures should be represented in equally attractive and beneficial locations, and there should be no differentiation in the positions of entrances. Shared open or play spaces should be accessible to all, regardless of tenure. Successfully integrating the affordable rented and shared ownership units provides a sustainable, balanced and mixed community which brings many social and economic benefits. To achieve this, where possible, affordable units should be apportioned individually (in smaller schemes) or, in larger schemes, in clusters of no more than 5% of the total housing on the site, up to a maximum cluster of five houses or 10 flats.

8.33 In accordance with Policy DEV2 (Comprehensive Development and Masterplanning), where a site comes forward as two or more separate planning applications, of which one or more falls below the appropriate threshold, the Council will seek an appropriate level of affordable housing on each part to match in total the provision that would have been required on the site as a whole.

Regulation 18 Commentary:

8.34 It is acknowledged that development viability remains a key consideration throughout the district and has worsened in recent years due to multiple factors including the rising cost of materials and interest rates, although this could be subject to change over the new Local Plan period. The Planning Practice Guidance is clear that Local Plans should set out the contributions expected from development, including the levels and types of affordable housing provision required, informed by evidence of affordable housing need, and a proportionate assessment of viability. Policies need to be realistic and deliverable.

8.35 Full viability assessment work will be undertaken to support the new Local Plan, which will take into account all relevant policies, local and national standards, and the cost implications of the Community Infrastructure Levy (CIL) and section 106. This will inform the affordable housing requirements. Subject to the outcome of this further work, it may be necessary to alter the affordable housing percentage requirements and geographical split, compared to the adopted Local Plan policy, to ensure that the new policy is realistic and achievable.

8.36 The policy sets out the tenure mix for affordable housing. The proportions are based on the district's needs set out in the HEDNA. The delivery of social and affordable rented property is prioritised in line with the Council's Corporate Plan^[56] which seeks to increase the availability of affordable rented homes and reduce the number of households on the Council's housing waiting list. In terms of the split of affordable rented housing, the HEDNA (2024) finds the need in Rother is for 56% affordable rent and 44% social rent. It does however note that as social rent is cheaper for occupants, it would meet both needs, but to deliver more would impact on scheme viability. Shared ownership properties will help meet the needs of those households falling within the rent/ buy gap as they are affordable to a far wider range of households than open market dwellings. For example, a shared ownership property with a 10% equity share (which could be increased by the purchaser over time) would require an average household income of £37,663 (far less than the £58,286 required to purchase a lower-quartile open market property)^[57].

(1) 8.37 First Homes are affordable homes for sale which meet specific criteria, set out in national policy, including that they must be discounted by at least 30% against market value, sold to a first-time buyer with a household income not exceeding £80,000, and the first sale must be at a price no higher than £250,000. National policy allows local authorities to increase the percentage discount to 40% or 50% or set a lower price cap through the Local Plan, if this can be justified. Local authorities may also, on a case-by-case basis, apply local eligibility criteria to First Homes, such as a lower income cap, local connection test or criteria based on employment status.

8.38 The HEDNA (2024) found that while increasing the minimum discount for First Homes would make them affordable for more households, this would affect the overall viability of housing schemes and could result in the delivery of fewer affordable houses for rent (the need for which represents a far greater proportion of total affordable housing need, compared to First Homes). Consequently, to ensure the delivery of other forms of affordable housing is not adversely affected by the national requirement to provide First Homes, it is not proposed to increase the minimum discount from the standard 30%. Furthermore, given the high house prices throughout the district, it is not appropriate to reduce the maximum sales price for First Homes below £250,000 as this would severely limit the size of homes provided. However, on occasion it may be appropriate to apply local eligibility criteria to First Homes, and this will be considered on a case-by-case basis.

Proposed Policy HOU3: 100% Affordable Housing Developments

Explanatory Text

8.39 The HEDNA (2024) recommends that due to the significant need for affordable housing in Rother, the Council should strongly support opportunities for schemes proposing 100% provision of affordable housing. For sustainability reasons and to ensure appropriate access to services, developments comprising 100% affordable housing should usually be located in those settlements with a good level of services and access to public transport. Rural exception sites outside development boundaries are considered separately through Policy HOU5.

8.40 The lack of Community Infrastructure Levy (CIL) raised through 100% affordable housing (because affordable housing is not subject to CIL) will be a financial consideration in any proposal. However, it will usually be justified because of the significant need for affordable housing across the district.

8.41 To achieve mixed and balanced communities and to meet local needs, 100% affordable housing developments are required to include different affordable tenures, which should be tenure-neutral and apportioned in small clusters within the site. A specific tenure mix is not set out in the policy because evidence in the HEDNA (2024) suggests that this will depend heavily on individual scheme viability and access to funding. However, the HEDNA also makes clear (as noted previously in this chapter) that there is a greater need for social/ affordable rented housing in the district and a smaller need for dwellings for affordable home ownership.

8.42 Therefore, the starting point for discussions with the local authority on the mix should be to prioritise social and affordable rented accommodation where possible. At the same time, it is accepted that in some instances a higher proportion of dwellings for affordable home ownership may be appropriate where this can be justified on viability grounds or due to local circumstances (for example where there is an existing higher level of social/ affordable rented accommodation in the settlement). In accordance with the NPPF and PPG, 100% affordable schemes are not statutorily required to include 25% First Homes.

8.43 In addition to providing a mix of affordable housing tenures, 100% affordable housing proposals are also required to include a mix of housing sizes and types, and provide for a range of differing households in accordance with Policy HOU1. Proposals will be determined in accordance with the Local Plan as a whole, including in respect of the spatial strategy and design.

Regulation 18 Commentary:

(2) 8.44 Proposed Policy HOU3 is a new policy, relating specifically to proposals comprising 100% affordable housing. Homes England funding has resulted in several developments coming forward in recent years. It appears that such funding will continue, at least in the short term, and these schemes will remain an important source of affordable housing in the district. While proposals have, to date, been determined in accordance with current Local Plan policies (together with the Council's Technical Advice Note^[58]), it is now necessary to set out the precise policy requirements for 100% affordable housing schemes, including that they should provide an appropriate mix of affordable housing tenures, both to meet local needs and also provide for mixed and balanced communities.

(2) Proposed Policy HOU4: Allocating Sites for Wholly or Substantially Affordable Housing

Explanatory Text

8.45 To further encourage much needed affordable housing, on occasion, it may be appropriate to allocate land specifically for affordable housing through a Neighbourhood Plan, where this is viable and made possible through land being made available by a willing landowner.

8.46 Such allocations may also include a small amount of open market housing to incentivise development. It is considered that such an approach will encourage landowners to bring sites forward.

8.47 In line with the general strategy for considering allocations, sites should be either within development boundaries or otherwise close to local services, including public transport connections, in accordance with the Live Well Locally policies. In all other respects sites for allocation should accord with other Local Plan policies including those relating to protecting the character of the area and the local landscape.

(2) Proposed Policy HOU5: Rural Exception Sites

Explanatory Text

8.48 The NPPF encourages local planning authorities to support opportunities to bring forward "rural exception sites" to deliver affordable housing to meet identified local needs, in locations where sites would not normally be used for housing. In accordance with the PPG, it may be appropriate to allow a small proportion of market housing on rural exception sites where it is necessary to ensure the overall viability of the site. In line with national policy^[59], First Homes are not a requirement of rural exception sites.

8.49 Rural exception sites are distinct from other sites proposed for 100% affordable housing (covered by Policy HOU3 above) due to their location outside development boundaries. To justify an "exception" to policy, rural exception sites must meet additional criteria as set out in the policy, including reflecting identified local need in terms of the development size and the tenure, mix and cost of the dwellings, and demonstrating meaningful community engagement.

8.50 In accordance with the PPG, First Homes Exception Sites (that is, an exception site that delivers primarily First Homes), cannot come forward in "designated rural areas", which include Areas of Outstanding Natural Beauty. In those limited areas of the district where First Homes Exception Sites are not prohibited, planning permission may be granted for them in accordance with the provisions and criteria set out in the Written Ministerial Statement on First Homes^[60] and the PPG, and subject to other Local Plan policies.

Regulation 18 Commentary:

(3) 8.51 Proposed Policy HOU5 takes forward Policy DHG2 of the DaSA Local Plan with some minor changes. The former requirement for schemes to be supported or initiated by the Parish Council is removed and replaced with criteria (iv), a requirement to demonstrate that there has been meaningful community engagement throughout the development process and the benefits of the development to the village/parish are clearly defined. This change will enable rural exception sites to be brought forward by a wider range of groups and individuals, supporting the delivery of more affordable homes in rural locations where these cannot be accommodated within development boundaries.

(1) Proposed Policy HOU6: Sub-division of Dwellings, and Houses of Multiple Occupation (HMOs)

Explanatory Text

8.52 This policy supports the creation of smaller dwellings, or units of accommodation, either through the sub-division of a larger dwelling or the creation of a House of Multiple Occupation (HMO). The increased need for smaller dwellings is outlined at the beginning of this chapter. Rother has a relatively sizeable stock of large dwellings, with the proportions of four+ bedroom properties slightly exceeding the county and national averages (significantly so in many of the rural parishes)^[61], some of which could be appropriately sub-divided to increase the housing stock, both in the towns and villages. The draft High Weald National Landscape Management Plan^[62] identifies that the subdivision of larger homes into smaller ones and the efficient utilisation of the existing building stock and brownfield sites are ways in which the delivery and affordability of housing can be improved while minimising land take, to help deliver housing within the High Weald NL in a manner that can help conserve its character and beauty. Note that this policy relates to land within the development boundaries. The principle of the subdivision of existing residential buildings in the countryside is addressed by the NPPF.^[63]

8.53 Affordability issues in the private rental market has resulted in a growing demand for shared or communal living arrangements, such as HMOs, which tend to provide the most affordable accommodation options, particularly for young single households. Planning permission is not usually required to change the use of a single dwelling to a small HMO (up to six residents), although there is currently an "Article 4 Direction" in force in central Bexhill which restricts the conversion of dwellings to HMOs without express planning permission. This is not intended to prohibit such schemes but simply requires their effects to be fully considered through a planning application.

8.54 Therefore, Policy HOU6 sets out planning policy support for shared accommodation schemes which require planning permission, providing they contribute towards the provision of mixed and balanced communities (and do not result in an over-concentration in a particular area), schemes are well-managed and provide access to appropriate facilities (including amenity space).

8.55 What constitutes an over-concentration of HMOs in a particular area will vary depending on the character of the area and the extent to which any potential adverse effects are mitigated. Factors which may be considered include (but are not limited to): the availability of car parking, including on-street parking in the local area, whether the proposal would result in three or more HMOs being immediately adjacent to each other, and whether the proposal would result in a non-HMO dwelling being sandwiched between two HMOs. It is intended that evidence will be gathered following the Regulation 18 consultation on the Local Plan, to enable the definition of "over-concentration" to be further refined and detailed.

8.56 It should be noted that outside of the planning regime, all HMOs are required to be licensed by the Local Authority in accordance with the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 (as amended). Failure to obtain a license for a HMO is an offence which may be subject to prosecution. Further details on HMO licensing is available on the Council's website.

8.57 In all developments involving sub-division, including HMOs, it will be essential that a good standard of amenity is provided for future occupants, including, for example, in relation to any noise that may be audible between properties. To protect against potential noise disturbance it will be necessary to consider the internal layout of dwellings as well as any necessary acoustic insulation in accordance with the Building Regulations. All developments will also be required to take the opportunity to improve the energy efficiency and sustainable construction of the host building, in accordance with the policies of the Green to the Core chapter.

Access to Housing and Housing Standards

8.58 It is vital that new homes meet the needs of their occupiers, and future occupiers, in terms of the both the internal and external space available. Also, within the context of seeking balanced communities, it is important to acknowledge the generally ageing population and the need to build homes that are capable of meeting the needs of people who are less mobile or who may become less mobile.

8.59 This Section is made of three complementary parts to help ensure widespread access to housing, covering:

1. internal space standards;
2. accessible and adaptable housing; and
3. housing for older people.

8.60 The Planning Practice Guidance (PPG) sets out the approach for the setting of technical standards for new dwellings. These provide for 'optional' standards above the basic minimum set out in the Building Regulations to be applied in relation to matters including accessible and adaptable housing. Local authorities can "opt in", through their local plan, to these optional standards, as well as to a nationally described internal space standard for residential dwellings.

8.61 The PPG indicates that the application of these 'Optional Technical Standards' requires the gathering of evidence to determine whether there is a local basis for setting them, as well as consideration of how the setting of optional standards affects viability and delivery of development. Evidence gathered in support of the DaSA Local Plan identified a local need to adopt the standards, and this has been reviewed, and the continuing need confirmed. Consequently, the proposed policies retain and update existing Local Plan policies.

Proposed Policy HOU7: Residential Internal Space Standards

Explanatory Text

8.62 The Government's internal space standards sets out requirements for the Gross Internal (floor) Area of new dwellings at a defined level of occupancy as well as floor areas and dimensions for key parts of the home, notably bedrooms, storage and floor to ceiling height.

8.63 Research undertaken to support DaSA Local Plan in 2018^[64] found that while at that time there was a low compliance against every standard, many new dwellings were very close to meeting the standards. It was therefore considered necessary to adopt the Nationally Described Space Standards (NDSS) to ensure that new dwellings are built to ensure adequate living accommodation for residents.

8.64 Viability evidence at that time indicated that the introduction of the standards would not have a material impact on the deliverability of housing schemes within the district. Viability evidence will be updated to support the new Local Plan, however it is not anticipated that a continuing requirement to meet the NDSS will have any significant impact on viability. To date, the requirement has not adversely affected the delivery of development nor led to notable resistance from developers. The evidence gathered in 2018 remains pertinent and demonstrates that a local basis for requiring continued compliance with the NDSS remains.

8.65 It should be noted that the NDSS represent minimum space standards and that developers are encouraged to normally exceed them. Larger internal areas may help in meeting the needs of more accessible homes and to support home working.

8.66 The HEDNA (2024) notes that increased levels of home-working in some sectors may result in an increased desire for dedicated homeworking space within dwellings. It is necessary to ensure that such spaces within dwellings are not ultimately used as a sub-standard bedroom. Consequently, it is appropriate to require all rooms that could potentially be used as a bedroom to meet, as a minimum, the minimum internal space standards for single bedrooms. This applies, for example, to rooms intended for use as a study or home office. Note that Policy HOU7 does not apply to Houses of Multiple Occupation (HMOs) because minimum room sizes for HMOs are controlled through the licensing regime in accordance with separate legislation^[65]. Further details on HMO licensing are available on the Council's website.

Proposed Policy HOU8: Access Standards

Explanatory Text

8.67 The Government has introduced, through amendments to the Building Act 1984, a three-tier standard for accessibility^[66] in Part M (access to and use of buildings) of Schedule 1 of the Building Regulations, involving a mandatory baseline (i.e. minimum) requirement and two optional standards:

1. Mandatory baseline - M4(1) – visitable dwellings.
2. Optional Standard - M4(2) – accessible and adaptable dwellings.
3. Optional Standard - M4(3) – wheelchair user dwellings. This standard is further divided into M4(3)(2)(a) - wheelchair adaptable dwellings, and M4(3)(2)(b) – wheelchair accessible dwellings.

8.68 It is for Local Planning Authorities to demonstrate whether there is a need for developments in their area to meet the optional standards (M4(2) and M4(3)), with reference to their housing needs assessment and other available datasets.

8.69 Significant numbers of Rother's population are affected by a long-term health problem or disability, a proportion which increases as the population ages, affecting 55% of people aged 75-84 and 80% of people aged 85+.^[67] Nationally, around 20% of households whose accommodation needs are affected by disability require adaptations to make their accommodation suitable, and the proportion of wheelchair users in the social rented sector is significantly higher than that in owner occupied or private rented households.^[68] The continued ageing of Rother's population, together with general population growth over the Plan period, will increase the number of households requiring home adaptations or a suitable accessible property. This includes a proportion of households who will require housing suitable for a wheelchair user.

8.70 In addition to the impacts of physical disabilities and poor health on accessibility requirements, the housing needs of people with dementia should also be considered. At the national level it is estimated that around 7% of older people live with dementia.^[69] The Alzheimer's Society^[70] strongly recommends the Optional Standards of M4(2) and M4(3) are considered in the design of all built environments in order to ensure buildings are accessible for people with dementia, as well as other conditions.

8.71 The requirements for all new dwellings in the district to be M4(2) compliant, and a proportion of affordable dwellings to meet M4(3) standards where a need exists are already established in local planning policy. On sites of 20 dwellings or more, Policy HOU8 additionally includes a requirement for 5% of new market housing to meet the "wheelchair adaptable dwellings" standard in Part M4(3)(2)(a). These policy expectations are justified by the district's ageing population and levels of disability, and the need for homes to appropriately meet the demands of occupiers throughout their lifetimes.

8.72 Only in circumstances where it can be robustly justified by the applicant that any part of the standards cannot be viably or practically achieved on a site, will a relaxation of the requirements be permitted. In cases where it is demonstrated that certain requirements of the standard(s) cannot be achieved (for example, the installation of a lift in flat conversions) but the remainder of the requirements are achievable (for example, approaches, routes, window levels, etc), developments will be required to comply with all parts of the standard(s) that can be practically and viably achieved.

Regulation 18 Commentary

8.73 The DaSA Local Plan^[71] currently requires all new dwellings to be M4(2) compliant, and where there is a need on the housing register, 5% of total housing is required to meet M4(3) (wheelchair user dwellings) as part of the affordable housing requirement. Evidence^[72] supports the retention of these policy requirements, subject to viability. Furthermore, given unmet need and the projected additional need for wheelchair user dwellings, the HEDNA (2024) recommends that 5% of new market housing should be required to meet the "wheelchair adaptable dwellings" standard in Part M4(3)(2)(a), and up to 10% of affordable housing should be required to meet the "wheelchair user dwelling" standards of Part M4(3)(2)(b). Given the relatively low percentages involved and the potential impact on viability, the new policy proposes to limit these additional requirements to larger developments (20 dwellings or more).

(1) Proposed Policy HOU9: Specialist Housing for Older People

Explanatory Text

(1) 8.74 Rother's population profile is heavily weighted to the older end of the age spectrum. While nationally, the population is ageing, this trend is particularly acute in Rother. To ensure its older population is appropriately considered, the District Council has become a member of the World Health Organisations' Global Network for Age-friendly Cities and Communities, which is committed to supporting the full participation of older people in community life and the promotion of healthy and active ageing.

8.75 As required by the NPPF, the housing needs of different groups, including older people, need to be planned for. The health and lifestyles of older people will differ greatly, as will their housing needs, which can range from accessible and adaptable general needs housing, age-restricted market housing, retirement living and sheltered housing, extra-care housing and housing with care, to residential care homes and nursing homes.^[77] The PPG notes that Local Plans should provide for specialist housing for older people where a need exists.

8.76 The PPG provides indicative definitions for the different types of specialist housing designed to meet the needs of older people:

• Age-restricted general market housing: This type of housing is generally for people aged 55 and over and the active elderly. It may include some shared amenities such as communal gardens, but does not include support or care services.
• Retirement living or sheltered housing: This usually consists of purpose-built flats or bungalows with limited communal facilities such as a lounge, laundry room and guest room. It does not generally provide care services, but provides some support to enable residents to live independently. This can include 24-hour on-site assistance (alarm) and a warden or house manager.
• Extra care housing or housing-with-care: This usually consists of purpose-built or adapted flats or bungalows with a medium to high level of care available if required, through an onsite care agency registered through the Care Quality Commission (CQC). Residents are able to live independently with 24-hour access to support services and staff, and meals are also available. There are often extensive communal areas, such as space to socialise or a wellbeing centre. In some cases, these developments are known as retirement communities or villages - the intention is for residents to benefit from varying levels of care as time progresses.
• Residential care homes and nursing homes: These have individual rooms within a residential building and provide a high level of care meeting all activities of daily living. They do not usually include support services for independent living. This type of housing can also include dementia care homes.^[78]

8.77 Evidence^[79] identifies a need for all forms of older person's accommodation over the Plan period, but a particular increased need for extra-care housing or housing with care in the market sector (which currently has very low/ no provision in Rother).

8.78 The difficulties in delivering specialist schemes, including in terms of viability and minimum size are recognised. Consequently, to maximise delivery, the policy requires all developments of more than 100 dwellings to include a proportion of specialist housing for older people (at least 10% of the total number of dwellings to be provided). It also allows, in exceptional circumstances, where sites are unavailable within development boundaries, for appropriate schemes outside development boundaries on sites that are well related to an existing settlement and its services and where the proposal accords with other Local Plan policies including in terms of protecting landscape character. This policy provision is intended to assist with scheme viability (and subsequent delivery) in situations where there is a particular need for specialist housing for older people in a rural area but where schemes cannot compete with general needs housing due to their differing development and operational models.

8.79 In all cases, including for sites outside the development boundary, proposals will need to demonstrate their "walkability" to services and public transport in their siting. Having access to local amenities and green space within easy and safe walking distances is recognised as contributing to older people, including those with dementia, being able to live independent and fulfilling lives for longer^[80]. Schemes will also be required to comply with the HAPPI principles^[81] or similar design standards appropriate to housing for older people. The HAPPI report (2009) makes ten main recommendations for the design of housing for older people which relate to matters including internal layout, natural light and ventilation, adaptability, multi-purpose and shared spaces, natural environment, storage and external surfaces. The HAPPI 4 report (2018) updates these to relate specifically to housing and care for older people in rural areas.

8.80 Affordable housing is required as part of all qualifying developments in accordance with Policy HOU2, ideally as on-site provision. It is, however, acknowledged that due to the differences between the development models of specialist housing for older people compared to general needs housing, off-site affordable housing provision or a financial contribution may sometimes be more appropriate and more easily achieved.

Regulation 18 Commentary

8.81 The vast majority of people aged over 75 in Rother live in general needs, non-specialist, owner-occupied market housing, despite nearly half being "deprived" in terms of health or disability^[82]. Interestingly, the proportion of older people who live in specialist older people's housing in the social rented sector is much higher, although only a small percentage of the total 75+ population lives in this sector^[83].

8.82 The PPG notes that many older people may not want or need specialist accommodation and instead wish to stay in or move to general housing that is already suitable, such as bungalows, or homes which can be adapted to meet a change in their needs. Therefore, a range of housing is required to meet increasing needs. Local engagement has indicated there is a particular desire for smaller dwellings such as bungalows with small gardens throughout the district, suitable for older people to down-size (as well as smaller dwellings suitable for first-time buyers). To meet our Live Well Locally concept, these should be provided as terraces.

8.83 The provision of additional housing suitable for older people, including specialist housing, should also have resulting benefits to the supply of family housing as some older households will choose to move from a house they may be under-occupying. The 2021 census identified a high level of under-occupation of owner-occupied properties in Rother (i.e. dwellings which have more bedrooms than necessary to meet the needs of the occupiers). Levels of under-occupation increase with the age of the residents^[84].

8.84 The HEDNA (2024) uses a model to calculate anticipated older people's housing needs in Rother over the plan period. It considers factors including the existing level of specialist housing and recent growth rates in its provision, population characteristics including levels of poor health and disability, and people's wishes and intentions regarding their future accommodation.

8.85 The model identifies a need for all forms of older person's accommodation over the Plan period (care homes are assessed separately), but a particular increased need for extra-care housing or housing with care in the market sector (which currently has very low/ no provision in Rother).

8.86 Interestingly, the HEDNA finds no need for additional retirement living or sheltered housing in the market sector due to the existing level of provision meeting the anticipated future need, although a need for additional social rented accommodation in both of these categories is identified. Relatively low levels of need for age-restricted general housing are identified (with a greater need in the social rented sector compared to the market sector).

8.87 The evidence suggests that policy support is needed for older people's housing, particularly to encourage schemes for older person's market extra-care housing or housing with care. The HEDNA (2024) recommends that consideration is given to allocating land for older persons housing, including as part of strategic allocations, however, it also acknowledges the difficulties in delivering allocations due to such uses being unable to compete with general market housing because of differing development and operational models. It suggests that allocations on strategic sites will often be delivered by the social housing sector. The proposed policy includes a requirement for strategic sites to include a proportion of specialist housing for older people.

8.88 The HEDNA also recommends an exceptions policy, which would allow for specialist older persons housing on unallocated sites in sustainable locations, including on the edge of settlements.

8.89 While the evidence suggests that policy support is needed for affordable housing across all forms of older people's housing, the HEDNA (2024) suggests a different approach could be considered compared to general market housing due to the differences between the development models. Off-site provision or contributions may be more appropriate and more easily achievable than on-site provision in some cases, and this is reflected in the proposed policy. Going forward, to support the final version of the new Local Plan, it will be necessary to test the viability of affordable housing policies against all the different types of older persons' provision.

Proposed Policy HOU10: Residential Care Homes for Older People

Explanatory Text:

8.90 Across East Sussex, the proportion of residents living in care homes (1.06% of the population) exceeds the average for England (0.57%), with Rother slightly exceeding the county average. Indeed, in 2021 East Sussex had the second-highest proportion of residents in care homes across all county and unitary authorities in England^[87]. However, the number of residents living in care homes across East Sussex has reduced since 2011, by 15.9%.

8.91 Given this downward trend, it is not appropriate to make specific land allocations for additional care homes for older people, but instead support such developments, if required, on a windfall basis, on suitable sites in sustainable locations. Extensions and alterations to existing care homes are also supported where they would result in a better standard of care or are required to meet current relevant standards, subject to other Plan policies.

8.92 At the same time, it is acknowledged that over the Plan period there are likely to be some closures of existing care homes, as older properties become outdated (for example those with shared bedrooms or shared washing facilities) and cannot viably be brought up to the required standards. Consequently, the change of use of care homes for older people may be accepted, subject to other Plan policies, where this is justified either through there being sufficient provision of the equivalent or better quality already available in the local area (i.e. an "oversupply" of care homes); or where alternative appropriate provision is to be provided in the local area (i.e. a replacement facility), or where the accommodation no longer meets relevant standards and it is not practicable or viable to improve it or adapt for alternative specialist accommodation.

8.93 The meaning of "local area" for the purposes of assessment will to an extent be dependent on the characteristics of the existing facility and of the area in which it is located. For example, for a standard residential care home in Bexhill it may be reasonable to consider a radius of a few kilometres from the site, but for a more specialist care home that serves a wider area, the radius may need to be larger. Residential care homes in villages and elsewhere in the rural area should consider any equivalent facilities within the same village or parish unless a wider radius can be robustly justified. Seeking to retain facilities within villages and rural clusters accords with our Live Well Locally objectives. Planning applications which seek to demonstrate compliance with one or more of these provisions will need to be accompanied by supporting evidence and documentation which will be subject to consultation with ESCC's Adult Services department and other relevant bodies.

Regulation 18 Commentary:

(1) 8.94 There is some uncertainty in terms of likely future needs for residential care home accommodation for older people in the district. Evidence in the HEDNA (2024) indicates that since 2011 there has been a reduction in the number of care beds required per 1000 persons aged 75+ ("the prevalence rate"). If the current prevalence rate remains the same, the need for both residential care and nursing beds is likely to grow in the Plan period, as a result of the growth in the population of over 75s. However, if the prevalence rate continues to fall, there may be very little or no demand for additional care beds. Consequently, the HEDNA finds it is not appropriate to make provision for higher levels of care home beds during the Plan period, and instead it recommends that such provision, if required, is supported through an exceptions policy. However, given the apparent lack of need, there is no justification to allow such developments outside the development boundaries and any such proposals will be determined in accordance with other Local Plan policies.

8.95 The HEDNA also anticipates there will be a loss of care homes over the Plan period as older properties become outdated. The need for the renewal of current stock should be recognised. In some instances, it may be appropriate to allow the change of use of older care homes to other uses, including residential, and this is reflected in the policy.

(5) Proposed Policy HOU11: Gypsies, Travellers and Travelling Showpeople Criteria

Explanatory Text

(1) 8.96 In accordance with national policy, the Council must provide location criteria for the development of sites for gypsies, travellers and travelling showpeople. In all cases, the location requirements of such sites will be similar to those for conventional housing sites. This criteria-based policy will guide decisions on planning applications.

8.97 Identifying land for new gypsy and traveller sites can be challenging. The East Sussex Gypsy and Traveller Accommodation Assessment (GTAA) (2022) notes that a key barrier to delivering new sites cited by stakeholders is a lack of suitable, affordable land, due to significant environmental and other constraints and the low residential land values generated by planning permission for gypsy and traveller sites, compared to conventional housing. Landowners face lower returns than for conventional housing and consequently, responsibility for delivering new provision is on local authorities or the gypsy and traveller community. Public opposition can be a further barrier, irrespective of the size of the site, because there remains a lot of stigma attached to travellers. Furthermore, many existing sites are occupied by single, extended families and are therefore unavailable for unrelated households.

(1) 8.98 Competition for land on the edge of settlements can result in private gypsy and traveller sites being located in the countryside where values are lower. While national policy^[90] requires local planning authorities to very strictly limit new traveller sites in open countryside, it is recognised that it may be impractical to provide sites within existing settlements and as such an exceptions site approach to providing sites is adopted, allowing for sites within or close to existing settlements.

8.99 The policy relates to both permanent and transit sites for Gypsies and Travellers, and also Travelling Showpeople. In addition to appropriately addressing constraints, sites should be sustainably located, or in the case of transit sites, easily accessed from the strategic road network to serve the needs of households passing through the district. A limit on the size of new sites, of a maximum of ten pitches or plots, is defined, although experience shows that most sites coming forward in the district are far smaller than this. The GTAA (2022) found that smaller sites are preferred by gypsy and traveller communities due to their perceived better management. Smaller sites of this scale are also preferred by the County Council's Gypsy and Traveller Liaison Team. Multiple pitches on a single site often accommodate an extended family.

8.100 The GTAA suggests as a general guide, a family pitch should be capable of accommodating: an amenity building, a large static caravan or chalet and a touring caravan on hard-standings, parking space for two vehicles, a hard-standing for a storage shed and a small garden area. The minimum land area necessary for a single pitch is estimated at 325sqm although a larger pitch of at least 500sqm (0.05ha) would more comfortably accommodate necessary facilities. Plots for travelling showpeople are necessarily larger due to the need to accommodate both living space and storage and maintenance space for large equipment.

Regulation 18 Commentary:

(2) 8.101 Key factors determining new provision of sites were found by the GTAA to include: the affordability of land and the cost of development; proximity to social, welfare and cultural services; and impact on the local environment and on local infrastructure. These factors are addressed through this policy.

8.102 Councils are required to assess the housing needs of gypsies, travellers and travelling showpeople as part of their Local Plan, and set pitch and plot targets which address their likely permanent and transit site accommodation needs.^[91] Local Plans must identify a supply of specific deliverable sites for gypsies, travellers and travelling showpeople, sufficient to provide five years' worth of sites against locally set targets, and also identify a supply of specific, developable sites, or broad locations for growth, for years 6 to 10 and, where possible, for years 11-15.^[92]Once set, the five year supply must be updated annually.

8.103 These national requirements are implemented through the development strategy section of this Plan, which updates Core Strategy Policy LHN5. Note that the development strategy identifies a need to make provision for specific sites. The Council has begun a site identification process but this has not yet been completed although an interim site identification report is published with the Regulation 18 consultation.

(2) Proposed Policy HOU12: Self-Build and Custom Housebuilding

Explanatory Text:

8.104 Self-Build and Custom-Build Housing (SCHB) is defined in the NPPF as: "Housing built by an individual, a group of individuals, or persons working with or for them, to be occupied by that individual. Such housing can be either market or affordable housing". It covers a wide spectrum, from projects where individuals are involved in building or managing the construction of their home from beginning to end, to projects where individuals commission their home, making key design and layout decisions, but the home is built ready for occupation ('turnkey'). A key consideration in determining whether a home is self-build or custom build is whether the initial owner of the home will have primary input into its final design and layout^[93]. Some community-led projects can also be defined as self-build. These can offer a form of housing which is generally more affordable and complements the supply of mainstream housing.

8.105 Neither policy or legislation separately defines self-build and custom housebuilding. Planning guidance published by the Right-to-Build Taskforce^[94] outlines the differences:

Self-build: A self-build home is one built to the plans or specifications of the occupant on a single plot.

Custom-build: A custom build home is built to the plans or specifications of the occupant on a multi-plot site which is actively managed by a third-party enabler. There are two main variants:

1. Serviced Plot Model. The occupier purchases a serviced plot of land with planning permission to construct a new home designed within a set of pre-agreed parameters, often facilitated by a Design Code or similar design guide; and
2. Customisable Homes. The occupier customises a new pre-designed home, on a serviced plot. A design and build contract for the construction will often be in place, with customer choice actively promoted as a positive part of the build process. Design choices are managed by a clearly defined menu of choices, with enough flexibility to enable the occupier to customise their home to suit their needs (customisation extends beyond second fix items such as kitchens and bathrooms). Homes are customisable in the following ways:

• Choice of plot and house type - these can include detached, semi-detached, terraces and apartments.
• Choice of exterior materials and the scope to make minor amendments to add extras such as balconies or car ports (where permissible).
• Choice of interior layouts.
• Choice of interior fit out/specification.

8.106 The Self-build and Custom Housebuilding (SCHB) Act 2015 places a duty on councils to keep a register of people and organisations interested in self-build or custom build projects in their area and have regard to it in planning for such projects. Councils must also give suitable development permission to enough suitable serviced plots of land to meet the demand for self-build and custom housebuilding in their area.

8.107 The SCHB Register for Rother was set up in April 2016. The most popular locations for a SCHB plot are the rural areas outside the main towns, followed by Battle. The majority of individuals on the register have indicated that they would prefer a 3-4 bedroom detached house or bungalow on an individual plot^[95]. It is expected that these interests will largely be met by the market. However, just under a third of individuals indicated they may also be interested in a plot on a site with a group of other self/ custom builders. Only 4% of those on the register have indicated they would prefer a terraced house or bungalow, and only 1% have expressed an interest for an apartment/flat (and it should be noted that individuals can select more than one option for their preferred property type).^[96]

8.108 To address the overall likely demand for self and custom build plots, Policy HOU12 gives in-principle policy support for SCHB projects, subject to compliance with other relevant Local Plan policies. This includes, where relevant, the Council's housing mix and affordable housing requirements set out under Policies HOU1 and HOU2. It is recognised that a sizeable proportion of the current demand for self-build plots is currently met by individuals identifying their own plot through the demolition and re-build of an existing dwelling and certifying the development as a self-build project, exempt from the Community Infrastructure Levy. Weight will be given to the benefits to self-build plot supply in determining planning applications for such proposals.

8.109 Policy HOU12 also requires, on development sites of 20 or more dwellings, for at least 5% of the total number of dwellings to be made available as serviced plots for self and custom housebuilders. In order to ensure that serviced plots identified for self or custom-build are delivered, the Council will secure their provision via conditions or a planning obligation associated with any planning permission. On larger sites where SCHB forms a small proportion of plots, the location of the SCHB plots will usually be indicated on an overall site layout plan but full details of the SCHB dwellings (elevations, internal and external layout, landscaping, etc) will be for approval through a further planning permission once the future occupier has chosen these details.

8.110 To ensure that self and custom housebuilding is of a high-quality design, attention is drawn to the requirements of our Live Well Locally policies. On sites with multiple serviced plots, it may be appropriate for the applicant to support their application with a Design Code. A Design Code should be prepared by the plot provider at the outline planning stage and should provide the Council as well as potential self and custom housebuilders with a clear set of design rules and parameters that future development will have to comply with. Design Codes will vary depending on the amount of development proposed and the context of the site.

8.111 Sites with self and custom housebuilding plots should make the serviced plots available and undertake a comprehensive and sustained marketing campaign, offering the plots for sale at a prevailing market price. The marketing campaign should run for a period of at least 12 months, in appropriate publications including through appropriate trade agents.

Regulation 18 Commentary:

8.112 Policy HOU12 takes forward and amends Policy DHG6 of the DaSA Local Plan, giving in-principle support to SCHB developments, subject to other Local Plan policies. The policy also requires a proportion of SCHB plots on housing sites of 20+ dwellings. To date, the number of SCHB plots permissioned and delivered on these larger sites has been low, mainly because few qualifying sites have been granted detailed planning permission since its adoption. The limited evidence indicates that the preference of developers of larger sites is to provide plots for "customisable homes" within the definition of custom-build housing. Self-build and "serviced plot" style custom-build homes appear to be more likely to be delivered on smaller sites.

8.113 Many Councils adopt a higher threshold in terms of the size of developments which require a proportion of SCHB plots, for example, 50 or 100 dwellings (rather than 20). As the DaSA policy has had limited success in delivering plots, an increase in the threshold could be considered. However, outside the towns of Bexhill, Battle and Rye, sites of more than 20 dwellings are infrequent.^[97] Therefore, raising the thresholds in these areas would likely further reduce the number of SCHB plots delivered. Additionally, the evidence shows that the majority of people on the SCHB register want a plot in the rural areas. Similarly, the number of 20+ dwellings schemes permitted in Rye and Battle has been limited, and Battle in particular is another area in demand by people on the SCHB register. Consequently, it is not considered appropriate to raise the threshold in these areas as it would further reduce the number of plots delivered.

8.114 Larger schemes are slightly more common in Bexhill, where, although the number of schemes permitted since 2020 has been low, there are a number of 50+ dwelling schemes currently subject to planning applications or allocations. Additionally, Bexhill is the area least in demand by people on the SCHB register. Therefore, raising the threshold in Bexhill could be considered. However, as the area of the district with the most opportunity for housing growth, Bexhill also offers the greatest opportunity for the delivery of SCHB plots. To raise the threshold beyond 20 dwellings would reduce the number of plots delivered. Consequently, no changes to the threshold are proposed.

8.115 The HEDNA (2024) notes that in addition to retaining DaSA Policy DHG6, it may be possible to further support delivery of SCHB through permissive policies, for example on edges of settlements or rural exception sites that deliver plots as affordable housing (for example through registered providers, self-build groups or community trusts), and by promotion through neighbourhood plans. SCHB could take the form of affordable housing supported through Policy HOU5 (Rural Exception Sites). Policy HOU13 covers new dwellings in the countryside.

8.116 The HEDNA (2024) also notes that it may be desirable to seek a higher level of provision of serviced plots in areas or on specific allocation sites where levels of demand are known to be higher (e.g. in the rural areas and Battle), subject to viability and site suitability. As noted above, the threshold is already low compared to other Councils and it is not considered appropriate to lower it even further. However, additional allocated sites to deliver SCHB plots will be considered through the site allocations process.

8.117 Evidence indicates that the delivery of SCHB plots have not been achieved on sites which wholly provide, for example, for specialist accommodation for a group of people with specialist needs (e.g. purpose-built flats for the elderly), or on brownfield sites involving the conversion of an existing building. Provision is also challenging on sites comprised wholly of affordable housing by a Registered Provider. Therefore, to support the delivery of these forms of residential development it is reasonable to amend the current policy to exempt these forms of development from the requirement to provide SCHB plots. This will not affect overall delivery of SCHB plots because they are not being secured on these sites in any event. The policy also excludes developments consisting wholly of flats from the requirement, this can be justified due to the difficulties in providing custom-build flats but also the very low demand for this property type from entrants on the Council's SCHB register.

(1) Proposed Policy HOU13: New Dwellings in the Countryside

Explanatory Text:

8.118 Policy DEV3 sets out the proposed Local Plan strategy of focusing development within the defined development boundaries of the towns and villages. In the context of Policy HOU13, land outside the development boundaries is considered to be the countryside, where new development is strictly controlled. However, it is recognised that in some cases it may be appropriate to allow new dwellings outside the development boundaries.

8.119 The policy does not seek to duplicate or contradict the provisions in the NPPF for isolated homes in the countryside but should be read in addition to it, and is relevant to all proposals for dwellings outside development boundaries, not only those in isolated locations.

8.120 New dwellings may be essential in the countryside, including potentially in isolated locations, 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.

(1) 8.121 The approach to the conversion and re-use of traditional historic farm buildings for residential use is discussed in the Heritage chapter through Policy HER2. The conversion to residential use of modern or non-traditional farm buildings (normally considered to be post 1880) or of farm buildings requiring substantial or speculative reconstruction, would not serve to ensure the retention of features of acknowledged historic importance and value in landscape character. Therefore, this would not be an acceptable form of development in the countryside. The NPPF^[98] also refers to other "heritage assets", permitting their conversion to residential use in isolated locations where the development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets. This could also be appropriate in other countryside locations.

8.122 Replacement dwellings in the countryside should not increase the visual prominence of the building in the countryside nor detract from the rural landscape character and local context of the area and should take every opportunity to improve any existing adverse landscape impact.

8.123 Limited development in smaller settlements can help support local services and enhance or maintain the vitality of rural communities. Therefore, Policy HOU13 allows for the development of single or pairs of dwellings either as "infilling" an undeveloped plot within an otherwise built-up frontage, or as a small extension on the edge of a built-up frontage. This will allow for limited residential development within small yet cohesive settlements, providing it is in character with the surrounding area and does not have an adverse impact on the natural and historic environment.

8.124 Such developments must be appropriate in terms of their impact on the landscape and character of the High Weald National Landscape. Where a development is proposed to fill in a gap which is significant to the rural setting of a settlement, for example because it allows views and a visual connection out to the countryside, this will not normally be permitted. In addition, to prevent new car-reliant development in unsustainable locations it is a requirement that such sites accord with policies within the Live Well Locally chapter and are close to local services including public transport connections. Such services and connections should be accessible from the site by wheeling, walking, cycling or public transport.

8.125 In all cases, to ensure that additional dwellings in the countryside permitted under this policy contribute to meeting local housing needs, it is necessary to restrict their occupation to use as a primary residence and to prevent their future use as a second home or as holiday accommodation. This will be implemented through a condition or planning obligation attached to the planning permission.

8.126 While the important contribution that tourism makes to the local economy is recognised, and tourism accommodation is supported through Policy ECO5, Rother has a significantly higher concentration of 'holiday homes' than other parts of the South-East, indeed, among all 309 lower-tier/unitary authority areas within England, Rother ranked the 19th highest^[99]. Areas where the concentration is particularly high include many of the rural parishes, particularly in the eastern part of the district.^[100] The use of dwellings as second homes, in this way, has the effect of reducing the housing supply and driving up the cost of housing^[101] and consequently, where additional housing is exceptionally permitted outside development boundaries under Policy HOU13, it is appropriate to limit its use to a primary dwelling, as detailed.

8.127 This requirement does not mean that proposals to change the use of existing holiday accommodation in the countryside to residential use will be supported. Indeed, such proposals are generally resisted under Policies DEV4 and ECO5 in order to protect the existing supply of tourist accommodation in support of the local economy.

Regulation 18 Commentary:

8.128 Core Strategy Policy RA3 takes a strict approach to dwellings in the countryside which is similar to that set out in the NPPF for isolated homes in the countryside^[102]. However, it is recognised that there are many locations outside the development boundaries which are not "isolated" and in which a slightly different approach may be appropriate, in order to meet local housing need and allow for rural settlements to thrive. For example, limited amounts of housing within smaller settlements which do not have development boundaries, or on the edges of those settlements which do have development boundaries, may be appropriate in order to support local services and enhance or maintain the vitality of rural communities.

(1) Proposed Policy HOU14: External Residential Areas

Explanatory Text:

8.129 In planning new residential developments, it is important to appreciate that schemes will provide the living environment for people for decades to come. Therefore, all new residential development should be capable of accommodating the reasonable expectations of likely occupiers, in accordance with Local Plan Policy DEV1. This applies to the external areas of dwellings, which should provide not only sufficient outdoor amenity space but also cater for practical needs, such as parking and refuse/recycling facilities.

8.130 The provision, layout and treatment of external areas should be seen as an integral part of the wider design approach to residential developments, which respects the character of its setting, whether urban or rural, and makes a positive contribution to reinforcing local distinctiveness. Key design principles are set out in the policies in the Live Well Locally chapter.

8.131 Gardens should be of an appropriate size to provide sufficient, useable amenity space. This will normally mean a minimum rear garden depth of 10 metres. This requirement has a dual purpose, as it also aids the achievement of appropriate separation distances between dwellings to maintain levels of privacy and to prevent a cramped form of development that could otherwise adversely affect the amenity of existing and future residents. In relation to flat developments and complexes, private amenity space for each dwelling, could take the form of balconies, terraces and/or private gardens (including roof gardens). Balconies, terraces, and private gardens must be a minimum of 3sqm and have a minimum depth of 1.5m to count towards external amenity space requirements. External amenity space requirements could also include communal, landscaped amenity space.

8.132 The most important design factors to consider with both private and communal external amenity spaces are ease of accessibility, allowing for the provision of good levels of sunlight penetration, security, shelter from wind and other environmental factors, and access to good levels of passive surveillance. External amenity space should not be steeply sloping, awkwardly shaped or very narrow.

8.133 Communal external amenity spaces should be easily accessible for all residents of the development, regardless of tenure. Wherever possible, family homes in apartment blocks should be located with good access to communal external amenity space and should allow oversight of children playing outside.

8.134 The calculation of external amenity space should exclude footpaths, driveways, and areas for vehicle circulation and parking.

8.135 A number of considerations may affect garden size, including the relationship with adjacent properties and land uses. Where usability of external space is constrained, such as by sloping ground, orientation, the presence of large trees or where there is a strong, well-established spacious character, larger gardens are more appropriate. Overlooking towards and from neighbouring properties must also be considered.

8.136 In a limited number of cases, a rear garden of slightly less than 10m in depth may be accepted where either an appropriate and proportionate level of private amenity space is provided to the side or front of the dwelling or there are particular reasons why the future occupiers of the dwelling(s) will have a lesser requirement for amenity space. In such cases, the overall layout of the site and separation distances between dwellings must be acceptable and not result in a cramped form of development.

(2) 8.137 ESCC's 'Guidance for Parking at New Residential Development' has been adopted for use by the Council in the assessment of parking provision in new development proposals. It is expected that car parking and cycle storage provision accords with the prevailing adopted standards in these documents. Moreover, parking provision should be wholly integrated into the layout and design of the proposed scheme and respect and be informed by the character of the locality.

(1) 8.138 Developments should not be dominated by hardstanding - especially extensive parking in front of terraced houses - or verge parking. The visual impact of parking on the character of the locality and on residential amenities should be mitigated by appropriate use of soft landscaping as part of the overall design.

8.139 It is now a requirement of the Building Regulations that every new dwelling, including flats, which has associated car-parking (whether a private allocated space or a space within a communal car park) must have its own Electric Vehicle (EV) charge point. There are also requirements for residential buildings undergoing major alterations, and for additional parking spaces. The siting of EV charge points will need to be considered as part of the overall layout and design of the vehicle parking arrangements for the development.

8.140 Cycle parking/storage facilities should be safe, secure and covered. They need to be conveniently located in relation to the dwelling so that they can be easily accessed by users, to encourage use of the bicycle to replace short car journeys. Appropriate cycle storage facilities, in the form of individual lockers or cycle stands within a lockable, covered enclosure, are particularly important in developments comprising flats, where otherwise people may seek to store cycles inappropriately in a communal hallway or outside in an insecure location.

8.141 For many developments there may also be additional storage needs for large personal items such as children's buggies, wheelchairs or mobility scooters. While there may sometimes be space within dwellings to store such items this will not always be the case, particularly for flats or smaller houses, and in these cases, additional external storage will be required. Specialist housing schemes, for example for older people, may also have additional requirements. The design and siting of such storage will be similar to that required for cycle storage, that is, it should be safe, secure, covered and conveniently located for users, within easy access of the dwellings.

8.142 Refuse and recycling storage and collection facilities should be considered at the beginning of the design process in new development to ensure that:

• Adequate refuse and recycling facilities are provided to serve the development.
• Storage of wheelie bins, communal waste bins and refuse sacks do not detract from the street-scene, obstruct access or detract from residential amenity.
• There is convenient access, both for occupiers of the properties and for the collection vehicles and workers.

8.143 Useful guidance for planners and developers on matters to consider in respect of waste and recycling provision for new developments has been produced on behalf of the East Sussex Waste Partnership and should be referred to. It is available to view or download at: https://www.rother.gov.uk/rubbish-and-recycling/resources-and-information/our-service/.

Proposed Policy HOU15: Extensions to Residential Gardens

Explanatory Text:

8.144 Proposed Policy HOU15 applies to all extensions to the external residential area in the countryside, whether for garden use or for ancillary purposes to the dwelling.

8.145 Some householders and other property owners, particularly in countryside locations, seek to enlarge the extent of land in residential use surrounding their dwelling either to accommodate outbuildings, parking or for use as garden.

8.146 While such extensions can be acceptable, a prime objective in rural areas is to conserve the intrinsic value and locally distinctive character of the countryside. In the High Weald Area of Outstanding Natural Beauty, great weight will be given to the conservation of its landscape and scenic beauty, including respect for historic field boundaries. The erosion of countryside character, albeit incrementally, and the potential suburbanising effect caused by the enlargement of garden areas should be avoided.

8.147 Hence, any extensions to gardens should be modest in scale (such as to provide sufficient outside area for the reasonable enjoyment of the dwelling or to accommodate essential services) and create a logical new boundary to a natural feature such as a hedgerow, watercourse or woodland or otherwise constitute a "rounding off", which is acceptable in its impact on the rural character of the area.

8.148 Where a garden extension is acceptable, conditions will normally be attached to mitigate the visual impacts including, soft landscaping and, where the dwelling's curtilage is extended, removal of permitted development rights for the erection of outbuildings and provision of hard surfaces.

Proposed Policy HOU16: Extensions, Alterations and Outbuildings

Explanatory Text:

(1) 8.149 Extensions and alterations to dwellings, including annexes and outbuildings, are often means of enabling people to better meet their housing needs without moving.

8.150 Smaller proposals often don't need planning permission (although generally require approval under the Building Regulations), but more significant proposals generally do require permission and will be considered in terms of:

• impact on the amenities of neighbouring properties;
• relationship with the character and appearance of the principal building; and
• compatibility with the general character of the locality.

8.151 The overall approach to these considerations is set out in Local Plan Policy DEV1, which requires all development to not unreasonably harm the amenities of adjoining properties and respect the character and appearance of the locality, and the policies within the Live Well Locally chapter which require high quality design, the policies in the Landscape Character chapter which require existing character to be retained and policies in the Green to the Core chapter which require the scenic beauty of the High Weald National Landscape to be conserved and enhanced.

8.152 Section DG7: Building Appearance, Local Details and Sustainable Design of the High Weald Design Guide contains detailed guidance on appropriate dwelling design.

8.153 This policy provides a practical, "checklist"-type, approach for proposals for extension, alterations and outbuildings to dwellings, without being overly prescriptive or detailed.

8.154 Extensions, alterations or new outbuildings can, through their height, size and location, harm the amenity of adjoining properties in terms of:

• a loss of sunlight or daylight through overshadowing of habitable rooms or gardens;
• having an overbearing presence through their size and position (generally referred to as its "massing"); and
• result in overlooking or loss of privacy.

8.155 In assessing proposals, the Council uses the Building Research Establishment's principles in 'Site Planning for Daylight and Sunlight: A Guide to Good Practice'. In relation to whether there is an overbearing massing, this tends to arise most commonly where two-storey rear extensions are proposed, particularly on narrow width terraced properties or closely-sited semi-detached properties.

8.156 Overlooking is most commonly an issue where windows to habitable rooms would directly face those in a neighbouring property, particularly when considering first floor side extensions, and should be avoided. In exceptional cases, obscured glazing may be considered where potential overlooking problems cannot be overcome, or windows should be set at an angle to avoid direct overlooking.

8.157 In considering these factors, regard should be given to any significant change in level between properties, as this may increase the impact of an extension on the amenity of neighbours' homes.

8.158 To ensure that an extension or other building relates appropriately to the principal dwelling and will contribute positively to the character of its locality, the design approach should draw on an analysis of local character and distinctiveness, undertaken in line with the policies within the Live Well Locally chapter. Drawings (elevations and sections) should show proposals in the context of adjacent buildings.

8.159 Traditional or contemporary design approaches can be appropriate in a particular context; their success dependent on how well they are thought out and detailed. Traditional designs will be expected to follow the distinctive vernacular characteristics of the host building - for example, simple building forms with relatively narrow roof spans, matching storey heights, a materials palette of brick, clay tile (including handmade clay tile in historic areas), timber weatherboarding, steeply pitched roofs, open eaves, small module windows, and traditional joinery styles. Meanwhile, contemporary designs will be expected to demonstrate design flair, a skilled handling of materials and crisp detailing.

8.160 In all cases, even where the existing building is architecturally unremarkable, proposals should demonstrate basic design principles of scale, form, massing, height and proportion in relation to the existing dwelling and the wider area.

(1) 8.161 A good general principle is to ensure that extensions, especially side extensions, do not dominate the existing dwelling but, rather, are "visually subservient", such that they do not detract from the property's architectural integrity or the character of the street or lane. This can often be achieved by a combination of an appropriate elevational width and scale in relation to the existing dwelling, the setting back of the extension from the front wall of the house, and stepping down of the roof ridge height. Particular care needs to be taken if an extension is proposed to only one side of a property to ensure that a visually balanced front elevation is created. Side extensions should normally seek to maintain external access to rear gardens.

8.162 In relation to side extensions, particular care should be taken to avoid infilling the gaps between detached or semi-detached houses where these are an important characteristic of the locality, creating a visual rhythm and density to the street, as it may result in a cramped, 'terracing effect' and detract from the character of the dwelling and the street scene.

8.163 Detailing and materials can be critical to a successful extension or other ancillary building. Every effort should be made to retain any distinctive architectural features and materials that contribute positively to the character of the building.

8.164 Retaining sufficient external private space to meet the continuing requirements of the dwelling is an important consideration in proposals for extensions and outbuildings, including the retention of usable and meaningful amenity/garden space and sufficient space for off-street parking and refuse/recycling facilities. This is covered specifically by Policy HOU14.

8.165 Alterations to roofs to create attic-level accommodation require careful design. Some roofs may not be suitable for conversion if their pitch is too shallow and sufficient headroom cannot be achieved without protruding above the ridgeline.

8.166 Successful dormer windows are achieved where they are appropriately positioned within the slope of the roof (and not on the hipped part of a roof) and have due regard to the arrangement and proportions of existing windows. This normally means aligning them over, or set slightly in from, windows in the elevations below, and being smaller sized than those below. Overly large or box-like dormers are inappropriate for the majority of domestic properties, as they give the house a top-heavy appearance. Several dormer windows in a roof slope may also be harmful in terms of design or character.

(1) 8.167 For historic and other vernacular buildings, and in historic areas, the design and details of extensions and alterations will be carefully scrutinised to ensure that they are consistent with the specific architectural character and form of the existing dwelling and the character and appearance of the area.

8.168 Converted traditional farm buildings, including barns and oasthouses, are particularly vulnerable to inappropriate extensions, garages, sheds and other outbuildings that undermine the intrinsic character of the building as an example of a particular building typology or would domesticate and detract from the character of the countryside setting.

8.169 Modest single storey outbuildings which are ancillary to the main dwelling and reflect its character and materials can contribute to the character of a locality. The siting of outbuildings, including garages, needs careful consideration in terms of both the relationship with the main house - particularly if it is of heritage value – and the wider street-scene - avoiding cramping or cluttering the site or adversely affecting the amenities of neighbouring properties. Discreet siting is generally preferred, as siting buildings in front of the main house often dominates the plot frontage, detracting from the appearance of the dwelling in the street scene.

8.170 In rural areas, especially within the High Weald National Landscape, it is important that outbuildings conserve landscape character and qualities and do not 'suburbanise' this sensitive countryside.

(1) Proposed Policy HOU17: Annexes

Explanatory Text:

8.171 A residential annexe is defined as accommodation ancillary to the main dwelling within the residential curtilage that provides additional semi-independent accommodation for members of the same family, often older family members who may need assistance with health care. There are an increasing number of people who, although capable of living relatively independently, would benefit from living close to relatives or carers on whom they can rely for help and support. While this may sometimes be met through the purchase of a nearby property, in other situations residential annexes provide for the carer or relative to be on hand at short notice to provide care and support, including through shared facilities.

8.172 Where it is needed, the general principle is to support such accommodation in a way that enables it to be most effectively incorporated into the dwelling and site. An annexe can be provided in the form of an extension to the dwelling, the conversion of an existing outbuilding or in some cases a new detached building.

8.173 An extension to the dwelling is normally most appropriate, as this better integrates the annexe into the dwelling for use of shared facilities and providing ready access (including internal linkages), normally also minimising the impact on neighbours, and provides advantages for the longer-term use of the annexe, reducing pressure for future, inappropriate development. For this reason, a sequential approach is taken for proposals for annexes: firstly, looking at whether the required accommodation can be provided in the form of an extension to the dwelling; if not, considering whether an existing outbuilding within the residential curtilage could be converted; if not, then considering the potential for a new separate annexe building located in close proximity to the existing dwelling. Exceptions to this approach may be where the extension of an existing dwelling would not be appropriate; for example, in some cases relating to listed buildings, non-designated heritage assets or historic agricultural buildings.

8.174 In all locations, considerations of character, scale and design and amenity impacts will be similar to those set out for extensions, alterations and outbuildings above. The size of the annexe will need to be demonstrated to be that necessary to meet the intended purpose, normally with a single bedroom only, and demonstrate that it will be capable of being incorporated into the use of the dwelling in the longer term.

Boundary Treatments, Accesses and Drives

8.175 Boundary treatments, as well as accesses and drives, play a significant role in defining the character and appearance of a locality. They can make a positive contribution to the successful integration of new development and to reinforcing local distinctiveness.

Proposed Policy HOU18: Boundary Treatments and Means of Enclosure

Explanatory Text:

8.176 The height of boundary treatments and means of enclosure, as well as any gates or gate piers, needs sensitive consideration. When on a boundary, they should be similar in height to the prevailing height of existing boundaries in the area. Also, where there is a repeated style of boundary treatments, for example low walls, railings or an open plan, boundary-free approach, then the Council will normally expect any development proposal to follow the predominant style in the vicinity and to maintain and strengthen the existing character of the street scene.

8.177 In terms of the forms of enclosure, close-boarded fencing provides screening for privacy and has less impact when used to enclose rear gardens not subject to public view, but is not always appropriate. Open post-and-rail fencing on frontages has the advantage of maintaining the natural and open character, while estate railing can also be an appropriate boundary treatment in certain rural areas. However, the predominant boundary type in the rural areas consists of mature trees, hedges and ditches, which are in keeping with the rural scene and provide a continuity of characteristic landscape. In contrast, the construction of close-boarded fences and walls along road frontages can punctuate and detract from the more natural and open character of rural areas and lanes, particularly in the High Weald National Landscape. The same may apply in urban areas where hedges predominate.

8.178 If a more solid enclosure is necessary, in some instances it may be appropriate for a fence or wall to be set back from the boundary with sufficient space for the planting and future maintenance of a hedge in front with sufficient room that, when mature, it will sit 'in-line' with any existing adjoining hedging or other boundary line. The future retention of the hedge would be subject to a planning condition.

8.179 More generally, hedges and trees that define historic field boundaries are regarded as important components of landscape character, especially within the High Weald National Landscape, as noted in the Environment Chapter; hence, their retention is normally expected. To reinforce local character, in specifying any new hedging, where a particular type of hedging or tree species is predominant, new planting should be of the same species. In the High Weald National Landscape and other rural areas, native species of planting, such as a traditional mixed hedge of hawthorn, field maple, beech, and hornbeam is characteristic, sometimes with trees such as oak, native cherry or ash. Meanwhile, in suburban, village and town centre areas, the Council would normally seek species such as laurel, hazel, holly, yew, box, hornbeam and beech.

8.180 Occasionally, there may be a stretch of historic brick or stone walling denoting an historic estate boundary; such boundaries should be retained and conserved.

Proposed Policy HOU19: Accesses and Drives

Explanatory Text:

8.181 A key issue for consideration in proposals involving a new access or driveway is the effect on highway safety. As well as the effect on vehicle users, the effect on pedestrians and cyclists should also be considered. In some situations (usually for larger schemes) a site access may need to include a separate footway/cycleway.

8.182 A particular issue can arise where a new access or driveway or the required sight lines would result in the loss of some boundary feature, often a hedge, which contributes positively to the character of the street scene. This will require balancing of amenity, character and highway safety considerations. Careful siting is required to minimise the amount of any hedge loss and such loss would be expected to be mitigated by replanting with matching species behind the sight lines of the access. Consideration should also be given to the effect of removing any landscape features on biodiversity and whether there are opportunities to improve the biodiversity value of the site, in accordance with (Policy ENV5).

8.183 Where a new access is to be created, care should also be taken in the design and choice of materials to match the character of the locality, for example in the width of the access and corner radii (subject to highway safety requirements), surfacing materials, provision or not of any kerbing materials, and treatment of verges, particularly to ensure that the works would not suburbanise the character of the rural areas. In urban areas, the hard surfacing of front gardens, especially small gardens, for vehicle parking can have a significant impact on the appearance of buildings and the wider landscape. Usually there will be a preference for the use of permeable surfacing but if this is not proposed, the inclusion of appropriate drainage to minimise water run-off onto the highway will be necessary, in accordance with Policy ENV2.

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