Rother Local Plan 2025-2042 Regulation 19 (pre-submission) version September 2026

Chapter 3: Delivering New Homes

Policy HOU1: Mixed & Balanced Communities Comment

3.1Rother and Hastings forms 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) (Update 2026). 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 3.1 below. The actual mix to be delivered in a development will be determined on a site-by-site basis.

Figure 3.1: Recommendations for Housing Mix by Tenure for Rother district (HEDNA Update 2026)

3.2The figure shows that going forward, there will be a need for all sizes of properties in the district. Policy HOU1 requires housing developments to be of a size, type and mix which will contribute to meeting both current and projected housing needs within the district and locally. On larger schemes, particular consideration should be given to providing for different household types and differing age ranges, where the site is suitable to accommodate this. 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.

3.3Over 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^[56] 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.

3.4The 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 elderly populations.

3.5Consequently, to meet the needs of the population over the Plan period, the policy requires a minimum of 30% market dwellings in major schemes to be of one or two bedrooms. A higher proportion could be appropriate if the latest evidence at the time, such as the Council’s Housing Strategy, shows a greater need. 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 House of Multiple Occupation (HMO) in accordance with Policy HOU4 (which is counted as a single dwelling, although it accommodates multiple households).

3.6In 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. For intermediate affordable housing for sale, the HEDNA recommends that two and three-bedroom dwellings are prioritised to meet the needs of young families.

3.7Due to the significant need for affordable housing in Rother, schemes proposing 100% provision of affordable housing are supported. For sustainability reasons and to ensure appropriate access to services, these developments should usually be located in settlements with a good level of services and access to public transport. Rural exception sites outside development boundaries are considered separately through Policy HOU3 (Rural Exception Sites &. Community-led Development).

3.8The starting point for discussions with the local authority on the tenure mix of 100% affordable housing schemes should be to prioritise social and affordable rented accommodation where possible, in accordance with Policy HOU2 (Affordable Housing). At the same time, it is accepted that in some instances, in 100% affordable schemes, 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).

3.9Build-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. 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 urban areas. 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.

3.10The 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. The Council has developed its Housing, Homelessness and Rough Sleeping Strategy (2025-30), to be implemented on a cross-departmental basis, which amongst other things, sets out priorities and actions to improve the quality and suitability of existing housing, including in the private rented sector.

3.11It 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 (General Development Considerations) 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.

Policy HOU2: Affordable Housing Comment

3.12This policy sets out the minimum percentages of affordable housing that will be required from developments in different parts of the district and has been informed by viability analysis. The aim is to prioritise meeting the affordable housing needs of the most vulnerable groups wherever possible, reflected in the policy requirement for social rent. The delivery of social and affordable rented property is prioritised in line with the Council Plan^[58] which seeks to increase the availability of affordable homes, prevent homelessness and support residents into housing. Dwellings delivered as Affordable Rented (as per criterion 7b) will be capped at the Local Housing Allowance rates.

3.13The policy also applies to 100% affordable housing developments within development boundaries (which are supported in principle through Policy HOU1 (Mixed & Balanced Communities) and developments involving specialist housing for older people, as set out in Policy HOU7 (Specialist Housing for Older People).

3.14In line with national planning policy, affordable housing should be provided on site, in accordance 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^[59] equivalent to the cost of delivering the affordable dwellings elsewhere together with the increased value of the development without on-site provision will be required.

3.15To 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.

3.16Where 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 including Policy LWL1 (Efficient Use of Land & Appropriate Densities). Proposals which do not make efficient use of land, having regard to other Local Plan policies, will be refused.

3.17Development 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. Therefore, while the policy requirements are justified and evidenced through the Local Plan Viability Assessment in accordance with the Planning Practice Guidance (and are thus considered generally viable), 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 prepared by a suitably qualified professional, such as one accredited by the Royal Institute of Chartered Surveyors. This will be reviewed independently at the developer’s expense. 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.

3.18Housing 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, affordable units should be provided in small clusters throughout the site, up to a maximum cluster of five houses or ten flats.

3.19In accordance with Policy DEV2 (Comprehensive Development & 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.

Policy HOU3: Rural Exception Sites & Community-led Development Comment

3.20National planning policy encourages local planning authorities to support opportunities to bring forward “rural exception sites” to deliver affordable housing to meet identified local needs, and “community-led development”, in locations where sites would not normally be used for housing. 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.

3.21Rural exception sites are distinct from other sites proposed for 100% affordable housing (covered by Policy HOU1) due to their location outside development boundaries. To justify an “exception” to policy, rural exception sites must meet additional criteria as set out in this policy, including reflecting identified local need in terms of the development size and the tenure, mix and cost of the dwellings. In addition, it needs to be demonstrated that the housing need cannot be reasonably met within the existing development boundary (if one exists) to ensure that sites located in more sustainable locations are considered first before seeking development outside of defined development boundaries.

3.22The affordable housing delivered through this policy will remain as such in perpetuity and will be secured by a planning obligation. This means that the “staircasing” mechanism that applies to Shared Ownership dwellings will be capped so that the proportion of shares an occupier can buy remains below 100% as otherwise an occupier could eventually own their home outright and it becomes a market dwelling.

3.23Community-led development is defined in the NPPF as a development taken forward by, or with, a not-for-profit organisation, that is primarily for the purpose of meeting the needs of its members or the wider local community, rather than being a primarily commercial enterprise. The organisation should own, manage or steward the development in a manner consistent with its purpose, potentially through a mutually supported arrangement with a registered provider of social housing. The benefits of the development to the community should be clearly defined and consideration given to how those benefits can be protected over time.

Policy HOU4: Sub-division of Dwellings & Houses of Multiple Occupation (HMOs) Comment

3.24This policy supports the creation of smaller units of accommodation in two different ways:

1. Through the sub-division of a larger dwelling into smaller dwellings;
2. Through the creation of a House of Multiple Occupation (HMO).

3.25The increased need for smaller dwellings is outlined earlier in this chapter. Rother has a relatively sizeable stock of large dwellings, with the proportions of four-plus bedroom properties slightly exceeding the county and national averages (significantly so in many of the rural wards)^[60]. Some large dwellings could be appropriately sub-divided to increase the housing stock, both in the towns and villages. The High Weald National Landscape Management Plan^[61] 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 new dwellings in the countryside is addressed through Policy HOU11 (New Dwellings in the Countryside), and the subdivision of existing residential buildings in isolated locations is addressed by the NPPF.

3.26HMOs are more commonly, but not exclusively, found in the district’s urban areas. Affordability issues in the private rental market have 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)^[62], 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.

3.27The policy supports 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.

3.28 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):

1. the impacts on the streetscape and visual amenity, including through waste and recycling storage,
2. the availability of car parking, including on-street parking in the local area,
3. any likely cumulative impacts arising from increased noise and anti-social behaviour,
4. whether the proposal would result in three or more HMOs being immediately adjacent to each other, and
5. whether the proposal would result in a non-HMO dwelling being sandwiched between two HMOs.

3.29It should be noted that outside of the planning regime, all HMOs are required to be licensed by the Local Authority^[63]. Failure to obtain a license for an HMO is an offence which may be subject to prosecution. Further details on HMO licensing are available on the Council’s website. The Councils’ Environmental Health team will be consulted on a case-by-case basis on HMO applications.

3.30In 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 and 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.

Policy HOU5: Residential Internal Space Standards Comment

3.31The Government’s Nationally Described Space Standards (NDSS) set 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. It should be noted that the NDSS represent minimum space standards and that developers are encouraged to exceed them. Larger internal areas may help in meeting the needs of more accessible homes and support home working. Details of the current NDDS can be found at: https://www.gov.uk/government/publications/technical-housing-standards-nationally-described-space-standard.

3.32Research undertaken to support the Rother Development and Site Allocations 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 NDSS to ensure that new dwellings are built to ensure adequate living accommodation for residents. There is no evidence that adopting the requirement (which the Council did in 2019) has adversely affected the delivery of development or led to notable resistance from developers. Updated viability evidence^[65] confirms that a continuing requirement to meet the NDSS will not have any significant impact on viability.

3.33The HEDNA (2024) notes that increased levels of homeworking 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. This means that the whole dwelling will need to meet the overall internal space standards for the relevant number of rooms that are capable of being turned into bedrooms.

3.34Note that Policy HOU5 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^[66].

Policy HOU6: Access Standards Comment

3.35The Government has introduced, through amendments to the Building Act 1984, a three-tier standard for accessibility^[67] in Part M of Schedule 1 of the Building Regulations (Access to and Use of Buildings), 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.

3.36It 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.

3.37Significant 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+.^[68] 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.^[69] 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.

3.38In 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.^[70] The Alzheimer’s Society^[71] 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.

3.39The 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 on the housing register, were introduced in Rother through the Local Plan in 2019 and there is no evidence these requirements have adversely affected delivery. 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.

3.40Only 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.

Policy HOU7: Specialist Housing for Older People Comment

3.41Rother’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.

3.42The access standards for all new dwellings required through Policy HOU6 (Access Standards) will serve to enable many older occupants to move into a suitable, new general needs dwelling. Specialist housing for older people will create additional provision, which will 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.

3.43The health and lifestyles of older people will differ greatly, as will their housing needs. The PPG provides indicative definitions for the different types of specialist housing designed to meet the needs of older people. Note that this policy does not apply to residential care homes or nursing homes, which are considered separately through Policy HOU8 (Residential Care & Nursing Homes)

1. 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.
2. 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.
3. 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.

3.44Evidence^[74] identifies a need for all forms of older person’s accommodation in Rother over the Plan period, but a particular need for extra-care housing or housing with care in the market sector (which currently has very low/ no provision in Rother). There is less need for additional retirement living or sheltered housing or age-restricted general housing, due to the existing level of provision, although a need for additional social rented accommodation in these categories is identified.

3.45Specialist housing for older people should be focused within the development boundaries, in locations with good access to local amenities and green space within easy and safe walking distances. However, the difficulties in delivering specialist schemes, including in terms of viability and minimum site size are recognised, and therefore, the policy also allows for appropriate schemes outside development boundaries in exceptional circumstances, where sites are unavailable within development boundaries. This policy provision is intended to assist with scheme 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.

3.46In all cases, including for sites outside the development boundary, proposals will need to demonstrate their “walkability” to services and public transport in their siting. Schemes will also be required to comply with the HAPPI principles^[75] or similar design standards appropriate to housing for older people.

3.47Affordable 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.

Policy HOU8: Residential Care & Nursing Homes Comment

3.48This policy applies to residential care and nursing homes for all ages, including homes for looked-after children.

3.49Across 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. However, the number of residents living in care homes across East Sussex has reduced since 2011, by 15.9%. Evidence^[77] finds some uncertainty in terms of likely future needs for residential care home accommodation in the district. Therefore, the policy provides in principle support for “windfall” developments that come forward within the development boundaries, as well as suitable extensions or alterations to existing facilities.

3.50There is also a requirement in national policy to consider the needs of looked-after children. Evidence^[78] shows that most looked-after children in Rother are accommodated through foster care (and therefore within the general housing stock), although there remains a smaller but nevertheless important requirement for children’s homes, supported accommodation and other specialist provision. This policy therefore provides a supportive approach towards enabling appropriate accommodation of all scales to come forward.

3.51At 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 will be accepted where this is justified either through there being sufficient provision already available in the local area (i.e. an “oversupply” of care homes); or where alternative appropriate provision is to be provided (i.e. a replacement facility), or where the accommodation cannot practicably or viably meet modern standards. 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.

3.52The meaning of “local area” for the purposes of assessment under part (i) of the policy will, to an extent, be dependent on the characteristics of the existing facility and of the area in which it is located, and advice will be sought from ESCC on a case-by-case basis. For example, for a standard residential care home for older people 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 the Live Well Locally objectives of the Plan.

3.53In most cases where a change of use of a care home is sought, the proposed use is likely to be residential, which, where justified, would assist in boosting local housing supply. Careful consideration will be necessary for proposals outside development boundaries, and changes of use to residential will be considered in accordance with Policy HOU11 (New Dwellings in the Countryside). Proposed changes to other uses (for example, tourism, business) will be considered in accordance with other Plan policies.

3.54It should be noted that because this policy sets out its own tests for proposals involving the loss of a care or nursing home, the tests within Policy ECO4 (Retention of Sites of Economic or Community Value), do not apply. Similarly, Policy HWB3 (Healthcare & Other Community Facilities & Services) does not apply to proposals involving care and nursing homes.

Policy HOU9: Gypsies, Travellers & Travelling Showpeople Comment

3.55This policy relates to both permanent and transit sites for gypsies and travellers, and also travelling showpeople, as defined in national planning policy.

3.56Identifying land for new gypsy, traveller and travelling showpeople (GTTSP) 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 usually falls to the GTTSP community or local authorities. Furthermore, many existing sites are occupied by single or extended families and are therefore unavailable for unrelated households.

3.57 These viability factors can result in demand for private GTTSP sites outside Development Boundaries where values are lower, and as such, an exceptions site approach to considering sites is adopted, allowing for sites within or close to existing settlements, subject to compliance with other Plan policies. Sites will need to be located to enable access to education, welfare and health services, ideally by active travel or public transport. Where a site is otherwise suitable but lacks these sustainable connections and there is no alternative preferable site, access via a short (circa 5 minutes) private car journey may be accepted. While this is a more permissive approach compared to the approach taken for general needs housing, it is justified due to the significant difficulties in identifying land for traveller sites.

3.58 A limit on the size of new or extended sites, to a maximum of circa ten pitches or plots in total, is defined, although experience shows that most sites coming forward in the district are far smaller than this. The GTAA (2022) found that small sites of this scale are preferred by gypsy and traveller communities due to their perceived better management. 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.

3.59The 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.

Policy HOU10: Self-Build & Custom Housebuilding Comment

3.60Self-Build and Custom-Build Housing (SCHB) 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^[80]. 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.

3.61Neither policy or legislation separately defines self-build and custom housebuilding. Planning guidance published by the Right-to-Build Taskforce^[81] outlines the differences:

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

3.62Legislation^[82] 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. Data from Rother’s Register shows that the most popular locations for a SCHB plot are the rural areas outside the main towns, and that most people would prefer a 3–4-bedroom detached house or bungalow on an individual plot^[83]. It is expected that these interests will largely be met by the market. A sizeable proportion of the current demand 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. However, just over a quarter of individuals indicated they may also be interested in a plot on a site with a group of other self/ custom builders.

3.63To address the overall likely demand for self and custom build plots, the policy provides in-principle support for SCHB (including community-led) 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 (Mixed & Balanced Communities) and HOU2 (Affordable Housing). The policy 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^[84]. On these sites, the location of the SCHB plots should 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. Local evidence suggests that to date, 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 more likely to be delivered on smaller sites. As noted above, both meet the definition of SCHB.

3.64SCHB could also take the form of affordable housing supported through Policy HOU3 (Rural Exception Sites). SCHB proposed outside development boundaries will be determined in accordance with Policy HOU11 (New Dwellings in the Countryside).

3.65The policy lists a number of exclusions from the requirements of the policy, such as developments consisting wholly of flats. These are 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. This will not affect overall delivery of SCHB plots because there is no history of their provision on these sites in any event.

3.66To ensure that self and custom housebuilding is of a high-quality design, attention is drawn to the requirements of the 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 would 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.

Policy HOU11: New Dwellings in the Countryside Comment

3.67Policy SS2 (Development Boundaries) 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 HOU11 (New Dwellings in the Countryside), 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.

3.68 The policy does not seek to duplicate or contradict the provisions in national planning policy 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.

3.69New dwellings may be essential in the countryside, including potentially in isolated locations, for the proper functioning of land-based businesses (i.e. agriculture, forestry and equine-related activities). This is covered in detail in Policy HOU12 (Dwellings for Rural Workers).

3.70The approach to the conversion and re-use of historic buildings for residential use is discussed through Policy HER2(Conversion & Re-use of Historic Buildings). National planning policy also allows for other “heritage assets”, permitting their conversion to residential use in isolated locations subject to criteria. This could also be appropriate in other (non-isolated) countryside locations and is allowed for through Policy HOU11.

3.71Replacement 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.

3.72The policy also allows for the re-use of buildings which are truly redundant or disused, where this is justified in accordance with other Local Plan policies, and the site accords with policies in the Live Well Locally chapter. Such buildings should be capable of conversion without significant extension, and applications will be required to be accompanied by a structural survey to determine the condition of the existing building. Note this is separate to the support provided by the NPPF for such proposals in isolated rural locations. For example, proposals involving former community uses will be required to comply with Policies HWB3 and ECO4, former tourism uses will be required to comply with Policies ECO5 and ECO4, former economic uses will be required to comply with Policy ECO2 and ECO4, and proposals involving former residential care homes or nursing homes will be required to comply with Policy HOU8.

3.73Limited residential development in smaller settlements can help support local services and enhance or maintain the vitality of rural communities. Therefore, Policy HOU11 (g) allows for the development of small numbers of dwellings adjacent to an otherwise built-up frontage, where strict criteria are met. Given the need for smaller dwellings throughout Rother and particularly in the rural areas, dwellings of 1-3 bedrooms will be prioritised, and any proposals involving larger dwellings under this criterion should be justified. To prevent new car-reliant development in unsustainable locations, such sites should accord with policies within the Live Well Locally chapter including in terms of being close and accessible to local services and public transport connections.

3.74To ensure that additional dwellings in the countryside permitted under criterion (vii) contribute to meeting local housing needs, it is necessary to restrict their occupation to use as a principal 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. It will not prevent the property being rented out on a long-term basis, providing it is the occupant’s principal residence. 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^[85]. Areas where the concentration is particularly high include many of the rural parishes, particularly in the eastern part of the district.^[86] The use of dwellings as second homes or short-term lets (e.g. “Airbnbs”) in this way, has the effect of reducing the housing supply and driving up the cost of housing^[87] and consequently, where additional housing is exceptionally permitted outside development boundaries under Policy HOU11 (g), it is appropriate to limit its use to a principal residence, as detailed.

3.75This 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 ECO4 and ECO5 in order to protect the existing supply of tourist accommodation in support of the local economy.

Policy HOU12: Dwellings for Rural Workers Comment

3.76Dwellings may be essential in the countryside for the proper functioning of land-based businesses (e.g. agriculture, forestry and equine-related activities), and this is allowed for under Policy HOU11. Policy HOU12 sets out further details of how proposals for new dwellings, and proposals to change existing occupancy conditions, will be considered.

3.77Businesses will be required to be demonstrably ‘financially sound’, which normally means that, for dwellings necessary to support new businesses, permissions will initially be granted on a temporary basis, for a caravan or similar temporary residential structure.

3.78Permanent 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. Applications will need to be accompanied by evidence to demonstrate this, which will be subject to independent review. Careful consideration should also be given to the siting, size and design of dwellings for land-based workers to ensure they remain affordable for rural workers. The siting of new dwellings should be well-related to existing farm buildings or other dwellings, wherever practicable.

3.79To ensure that a dwelling remains available to meet the recognised need, occupancy conditions will be applied. Permission will only be granted for the removal of an occupancy condition where strict criteria are met, as detailed in the policy, in order to ensure the retention of needed housing for land-based workers.

Policy HOU13: External Residential Amenity Areas Comment

3.80All new residential development, including new-builds, conversions, and dwellings arising from a change of use, must be capable of accommodating the reasonable expectations of likely occupiers in accordance with Policy DEV1 (General Development Considerations). This applies to the external areas of dwellings, which should provide sufficient and genuinely usable outdoor amenity space while also accommodating practical needs, such as drying clothes, storage and refuse/recycling facilities. Parking, cycle storage and electric vehicle charging are addressed by Policy LWL8 (Multimodal Parking, Services & Deliveries).

3.81The 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. “Building for a Healthy Life”^[89] sets out a range of considerations including relating to external amenity areas. Policy LWL5 implements these requirements in the local context.

3.82Gardens should be of an appropriate size to provide sufficient, useable amenity space. The calculation of external amenity space should exclude footpaths, driveways, and areas for vehicle circulation and parking. For houses, this will normally mean a minimum rear garden depth of 10 metres. The 10-metre depth is a benchmark for conventional housing layouts rather than an absolute requirement. A garden of lesser depth may be acceptable where it remains of sufficient area and dimensions to be genuinely usable, and the overall design secures satisfactory privacy, outlook, daylight and sunlight. Relevant considerations may include the dwelling type and likely occupancy, local character, site constraints, the provision of usable private space elsewhere within the plot and the quality of any communal amenity space. Garden depth should not be relied upon as the sole means of achieving privacy or satisfactory separation between dwellings. These matters should be addressed through the integrated design of building position, orientation, windows, boundaries and landscaping.

3.83A number of considerations may affect garden size, including the relationship with adjacent properties and land uses. Where usability of external space would be constrained by factors such as sloping ground, poor orientation, large trees, noise, flood risk or other environmental conditions, a larger or differently configured space may be necessary. A larger garden may also be appropriate where this is required to respond to a strong and well-established spacious character. Overlooking towards and from neighbouring properties must also be considered.

3.84In relation to new-build flatted developments and maisonettes, private amenity space should usually be provided at a ratio of at least 3sqm per dwelling unless there are demonstrable reasons why this is not achievable or appropriate. This could take the form of a balcony, terrace and/or private garden (including a roof garden). Balconies and terraces must have a minimum depth of 1.5m and sufficient width and overall area to accommodate seating appropriate to the size and likely occupancy of the dwelling. They should also provide acceptable privacy, outlook and environmental conditions. It is accepted that equivalent amounts of private amenity space may not always be achievable for new flats or maisonettes that are created through the conversion of an existing building. In these cases, the availability of usable communal amenity space and accessible nearby public open space may form part of the overall assessment. Any failure to meet these minimum thresholds will need to be clearly justified, and alternative proposals for ensuring that the proposal will reasonably meet the daily needs of the occupiers will need to be provided.

3.85The proximity, accessibility, size and quality of existing (or proposed) public open space and recreational land may also be a consideration in the overall delivery and requirements for external amenity areas within a new development. Public open space complements but does not normally provide a direct substitute for private or communal residential amenity space. Its proximity, accessibility and quality may nevertheless form part of the overall assessment, particularly for conversions, and constrained sites in town centres or historic settlements. Where sites are very well served by nearby public open space, a smaller amount of external amenity space may be considered acceptable. There may also be heritage constraints and considerations, particularly in the historic towns and villages in the district, which may influence the appropriate form of amenity areas provided.

3.86Parking 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. 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. 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. Further requirements relating to parking, cycle storage and electric vehicle charging are set out in Policy LWL8.

3.87Cycle parking and storage must be provided in accordance with Policy LWL8 and should be safe, secure, covered and conveniently accessible. 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. For some 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.

3.88Refuse and recycling storage and collection facilities should be considered at the beginning of the design process in new development to ensure that:

1. Adequate refuse and recycling facilities are provided to serve the development.
2.  Storage of wheelie bins, communal waste bins and refuse sacks do not detract from the street-scene, obstruct access or detract from residential amenity.
3.  There is convenient access, both for occupiers of the properties and for the collection vehicles and workers.
4. Storage and collection arrangements do not obstruct walking, wheeling or cycling routes or compromise the usability of private or communal amenity space.

3.89The Waste Collection Authority will be consulted on relevant proposals to ensure these criteria are met.

Policy HOU14: Extensions to Residential Gardens in the Countryside Comment

3.90This policy applies to all extensions to the external residential area in the countryside, whether for garden use or for ancillary purposes to the dwelling.

3.91Some 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.

3.92While 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 National Landscape, 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.

3.93Hence, 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.

3.94Where a garden extension is acceptable, conditions may be attached to mitigate the visual impacts including, soft landscaping and, where the dwelling’s curtilage is extended, permitted development rights may be removed for the erection of outbuildings and provision of hard surfaces.

Policy HOU15: Residential Extensions, Alterations & Outbuildings Comment

3.95Extensions and alterations to dwellings, and outbuildings, are often means of enabling people to better meet their housing needs without moving. Smaller proposals may not need planning permission (although generally require approval under the Building Regulations). Before carrying out development, up-to-date legislation should be checked. Proposals that do require permission will be considered against this Policy and, in the High Weald National Landscape, against the High Weald Housing Design Guide (section DG7).

3.96This policy provides a practical, “checklist” type, approach for proposals for extension, alterations and outbuildings to dwellings, without being overly prescriptive or detailed.

3.97In assessing proposals in relation to light, the Council uses the Building Research Establishment’s principles in ‘Site Layout 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.

3.98Overlooking 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. 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.

3.99To ensure that an extension or other building relates appropriately to the host 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, including LWL5. Drawings (elevations and sections) could show proposals in the context of adjacent buildings.

3.100 Traditional and contemporary design approaches may both be appropriate, depending on the character of the host building and its context. The success of either approach will depend on the quality and coherence of the design, including its scale, form, proportions, materials and detailing. Traditional designs should respond closely to the distinctive architectural and vernacular characteristics of the host building. Relevant considerations may include building form, roof span and pitch, storey heights, eaves details, materials, window proportions and traditional joinery. In historic contexts, locally characteristic materials and construction details, such as handmade clay tiles, brick, timber weatherboarding and traditional windows, may be particularly important. Contemporary designs should demonstrate a clear and coherent design concept, a sensitive relationship with the host building, high-quality materials and precise detailing. They should complement rather than compete with the existing building and should avoid forms, materials or details that appear arbitrary or poorly resolved.

3.101In all cases, even where the existing building is of limited architectural merit, proposals should demonstrate basic design principles of scale, form, massing, height and proportion in relation to the existing dwelling and the wider area.

3.102A 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.

3.103In 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.

3.104Detailing 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.

3.105Retaining 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.

3.106Alterations 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.

3.107Successful 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.

3.108For 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.

3.109Converted 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.

3.110Modest 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. 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. Multiple outbuildings can exacerbate these impacts and therefore the cumulative impact of multiple outbuildings on a site will be taken into account.

3.111It is also important that any extension or alteration to a rural worker’s dwelling does not undermine its long-term viability as a rural worker’s dwelling (for example by making it too large and high value), as these dwellings serve a defined purpose to support rural industries where wages tend to be lower than average.

Policy HOU16: Annexes Comment

3.112A residential annexe is defined as accommodation ancillary to the main dwelling within the residential curtilage that provides additional semi-independent accommodation usually for members of the same family or household, 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 rent or 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.

3.113Where 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.

3.114An 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, potentially 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.

3.115In 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 one bedroom only, and demonstrate that it will be capable of being incorporated into the use of the dwelling in the longer term. In any case, an annexe will need to be designed to be subservient to the host dwelling and not read as an independent dwelling/plot.

Policy HOU17: Boundary Treatments & Means of Enclosure Comment

3.116Planning permission for new means of enclosure (or alterations to existing means of enclosure) may be required in certain circumstances. Before carrying out development, up-to date-legislation should be checked.

3.117This policy applies to simple proposals for new boundary treatments, but also to planning applications for new dwellings or larger housing developments which include boundary treatments.

3.118The 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.

3.119In terms of the forms of enclosure, while close-boarded fencing provides screening for privacy, it is not always appropriate. 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. Open post-and-rail fencing on frontages has the advantage of maintaining a natural and open character, while estate railing can also be an appropriate boundary treatment in certain rural areas. The use of locally sourced material, such as from coppiced woodlands, is supported as this aligns with the High Weald Management Plan’s aims of supporting local forestry industries as well as the successful management of local woodlands. 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. Hedges can also predominate and positively impact the street-scene in urban areas.

3.120If 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.

3.121More generally, hedges and trees that define historic field boundaries are regarded as important components of landscape character, especially within the High Weald National Landscape. To reinforce local character within the High Weald, in specifying any new hedging, the “High Weald Soft Landscaping & Planting Plans in Development Proposals Planning Technical Advice Note” should be used. In urban areas the Council would normally seek species such as laurel, hazel, holly, yew, box, hornbeam and beech. Existing planting and hedgerows that are incorporated into new developments should be within public areas and spaces to ensure their future retention, maintenance and management.

3.122All forms of boundary treatment and means of enclosure can have both positive and negative impacts on wildlife and ecology. The East Sussex and Brighton & Hove Local Nature Recovery Strategy outlines the importance of nature and habitat corridors in both urban and rural gardens. Benefits include new planted boundary treatments utilising native species resulting in new or improved habitats. However, some forms of solid boundary treatment can negatively impact on wildlife corridors, ecological networks and the movement of species. This includes wildlife such as hedgehogs and deer whose natural pathways can be inadvertently blocked by solid fencing. Proposals will be required to demonstrate how potential impacts have been considered and avoided through the design and layout of new boundary treatments.

Policy HOU18: Accesses & Drives Comment

3.123Planning permission for new or improved residential accesses may be required in certain circumstances. Before carrying out development, up-to-date legislation should be checked. Irrespective of the need for planning permission, any works to a Public Highway such as altering the verge or pavement or providing a dropped kerb will require a separate Crossover Licence from the County Highway Authority, or, for the A21 and the A259, consent from National Highways.

3.124A key issue for consideration in proposals involving a new access or driveway is the effect on highway safety. This applies to the creation of new accesses and well as the relocation of existing accesses. New drives and accesses onto classified roads should include turning provision to ensure vehicles can enter and exit in a forward gear. Second accesses for in-and-out driveways are resisted unless highway safety benefits are demonstrated. This applies to single dwellings and smaller developments where multiple access could have an effect on highway safety as well as potential visual impacts. Larger-scale developments may benefit from multiple accesses to enable wider connectivity, though this will still be subject to highway safety considerations.

3.125As well as the effect on vehicle users, the effect on people using active modes of travel should be considered. In some situations (usually for multiple-dwelling schemes) a site access will need to include a separate footway/cycleway.

3.126A particular issue can arise where a new access or driveway or the required sightlines 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 in accordance with Policy LAN3 (Trees, Woodlands & Hedgerows). 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 ENV8 (Habitats & Species.

3.127Where 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. The High Weald Design Guide outlines the considerations for street surfaces and materials in Section DG9 and generally seeks a simple palette of materials and reference to local street types. 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 and on drainage. Loose driveway surfaces are not considered acceptable due to the risk they pose to vulnerable users like motorcyclists and cyclists.

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