Policy BX3 requires Bexhill to deliver 3,100 dwellings (182 dwellings per annum) to contribute to the Council's overall housing land supply. This requirement forms part of the Council's objectively assessed housing need that will form a central policy within the Council's Core Strategy. In the proposed modification the Council anticipates that the completion of the Bexhill Link Road will increase quickly to the annualised target.

However, the modification seeks to make provision for the phasing of development (through Policy IM3) in the event that the housing market does not support such a high rate of growth and/or if job creation is not being realised.

There can be no rationale for seeking to control the delivery of housing identified to meet annualised need by phasing through the site allocations document. Enshrining a phasing strategy in a site allocations development plan document to address concerns regarding the housing market does not provide flexibility should there be a change in circumstances. Further, it is the development industry that is best placed to recognise and respond to market signals in order to assist the Council in delivering its identified housing need.

In addition to seeking to respond to the housing market conditions in an inflexible development plan document, the Council also wants to control housing delivery through the same development document if job creation is not being realised. This has no basis. The Council's housing target has been identified in the light of considerations such as economic factors, demographic projections and household formation. There is no justification for the Council to further seek to control of the delivery of this identified need for considerations that have already been tested through the development plan (Core Strategy) process.

In short, there is a policy requirement for the delivery of 182 dwellings per annum in Bexhill, which has been assessed to meet identified need and there can be no justification for seeking to control the delivery of this identified need for reasons identified in the proposed modification.

Such a strategy may also result in the Council failing to comply with the requirements of Paragraph 47 of the National Planning Policy Framework (the Framework) which requires that local authorities should (inter alia):

'identify and update annually a supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements with an additional buffer of 5% (moved forward from later in the plan period)'.

'Illustrate the expected rate of housing delivery through a housing trajectory for the plan period and set out a housing implementation strategy for the full range of housing describing how they will maintain delivery of a five-year supply of housing land to meet their target'

As noted, the delivery of c.182 houses per annum in Bexhill throughout the plan period is required in order to assist the Council in maintaining its five year land supply incorporating the 5% buffer. Footnote 11 of the Framework directs that sites which have long term phasing plans should not be identified within the five year land supply.

Paragraph 49 of the Framework states that the supply of housing should not be considered up-to-date if the local authority cannot demonstrate a five-year land supply of deliverable housing sites. In such cases there is a presumption in favour of sustainable development. This is a central policy of the Framework in order to ensure that sufficient, appropriate housing is delivered. The supply of housing is not contingent upon simultaneous job creation and there is no justification for seeking to control housing supply required by the development plan.

Reference to phasing housing delivery to respond to a dearth in the housing market and job creation not being realised is not consistent with the central aim of the Framework to ensure that there is supply of sites sufficient to provide five years worth of housing against the Council's requirement.