Murphy Associates has been appointed to submit a representation to the Development and Site Allocations Local Plan (DaSA) and for this to be given due weight and consideration in the review of site allocations. Ultimately my client would expect a positive outcome of the representations and for the 'Submission Version' of the Plan to reflect this by including the identified site within the
Allocations for North Bexhill Area.

It is recognized that the Rother District has difficulty in providing a sufficient supply of land to meet the required 5-yr supply and an appropriate buffer, be that 5% or 20%, depending on performance and delivery. The District is constrained by the sea, High Weald AONB, the SSSI and Ramsar Site of the Pevensey Levels but also infrastructure.

The Bexhill Link Road may have provided improved accessibility to the main route network but the DASA indicates a greater amount of new roads and links that will effectively release land for development.

Whilst my client does not object to the general requirements of Policy BEX2, I would advise that the tentative support also includes an objection to the omission of land to the west side of St Mary's Lane.

Figures 23, 24 and 25 depict Preferred Options 1, 2 and 3 for the North Bexhill Area (BX124) along with significant road improvements. An area is shown with the triangle formed by St Mary's Lane and the A269 with a proposed allocation for housing. That area of land is within the High Weald Area of Outstanding Natural Beauty and although previously or currently used for agriculture, is still
considered to be suitable for a large quantum of residential development and associated infrastructure.

The future development of this triangular area will bring The Spinney and the nearest dwelling to the south, closer to, and abutting the new urban edge that would be created.

However, it is inconceivable the all traffic generated by future development would only use the A269. St Mary's Lane which is already used as a local 'rat-run' would see a significant increase in traffic, particularly by those travelling west - east thereby reducing travel along Turkey Road to reach the A269 Ninfield Road junction.

St. Marys Lane is narrow, has a width restriction in place and within a 30 mile per hour zone, both of which are completely ignored. Within the northern half of the road, beyond the recreational ground, there are numerous places where the width does not allow 2 cars to pass. The road is prone to flooding and subsidence due to significant traffic movement. An increase in traffic movement will undoubtedly result in the lane requiring improvement, particularly if one considers a new proposed access from the lane, along my client's southern boundary, to serve additional
housing land to the north west.

With any of the options, there will be a change in character and appearance of the lane. It will no longer read as semi-rural lane but a suburban distributor road and even more so with Option 3. We recognize the concerns regarding Option 3 but note that this would enable Rother District Council to increase its ability to meet it housing shortfall and 5-yr housing land supply as obliged to do so.

Nevertheless, and whilst improvement of the lane is welcomed by my client, on her behalf, we object to the indication in Option 3, that the land upon which her dwelling, the associated ancillary building and the garden area, is indicated 'Proposed Open Space, with Enhanced Green Space'.

Moving forward with positivity, although Option 1 is the LPA's Preferred Option, my client would support Option 1 or 2, subject to the following revisions:

* a new access formed onto St Mary's Lane to serve the residential development envisaged to the east side
* the improvement of the lane
* inclusion of land occupied by The Spinney, and the dwelling to the south including the intervening field.

In justifying this, the land designations in this area are noted, including the High Weald AONB and the Semi-Ancient Woodland to the north, further to the south west and south. However, the site of The Spinney is already developed. It is considered to be previously developed land as recognized by the NPPF in its definition of brownland. This opinion has been reinforced in the judgment of Dartford BC v SSCLG [2016] EWHC 635. It is inconceivable to consider that the LPA would seek
the demolition of two existing dwellings to facilitate the provision of natural open space as well as a link road through to lands to the north west.

These amendments would provide a clear containment demarcated by existing property and field boundaries, creating a natural edge to the proposed extension of the Built Up Area or Urban Fringe. It would afford protection to the Semi Ancient Woodland and access through to a greater area of Proposed 'Natural' Open Space, even if by way of new pedestrian links.

This specific area, including my client's land and that to the south, provides an opportunity for a holistic development of the area, with greater opportunities to evolve a masterplan incorporating a more comprehensive strategy for green space and green networks in a meaningful manner to reinforce the characteristics of the area.

The Spinney, the property to the south and the intervening land would provide the opportunity for a sensitive residential development aligned with the Key Opportunities as set out on page 147 - 148 that have been identified for both existing and new residents.

Question 29:

Therefore and in response to Question 29: Policy BEX3 should be amended to reflect the comments/objections above and therefore BEX3(ii), (xii) and (xiii)). We consider that the criteria at (v) would be enhanced by the inclusion of the lands referred to on the west side of St Mary's Lane; that (vii) and (viii) would not be affected; that (x) could be further improved to the west providing greater east-west movement.

We do not consider that revisions to Options 1 or 2 would cause a coalescence of built form or lessen the value of the High Weald AONB or the broad-leafed Semi-Ancient Woodland.