Land north of Bexhill - Policy BEX3

View - Disagree with removal of land from allocation

We submit this letter as a formal response to the Proposed Submission Local Plan and with regard to the above mentioned site and corresponding Policies which are for consideration. Our client has important land interests in the District including land north of Bexhill and this submission accordingly responds to those elements of the Local Plan relevant to these interests.

We note the Council intend to submit the Plan prior to 24 January 2019, and therefore it is required to comply with the 2012 version of the NPPF. It is not inconceivable that issues raised at this Regulation 19 stage could cause slippage in the timescale, resulting in submission post-24 January 2019.

The NPPF (2012) sets out the tests for soundness of Local Plans at paragraph 35, which requires Local Plans to be:

a) Positively prepared - the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development;

b) Justified - the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence;

c) Effective - the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities; and

d) Consistent with national policy - the plan should enable the delivery of sustainable development in accordance with the policies in the Framework.

The housing development target for the District as a whole is for at least 5,700 new homes to be built over the plan period. The majority, some 3, 100, are to be at Bexhill, with 475-500 dwellings at Battle, 355-400 dwellings at Rye, at least 100 dwellings on the fringes of Hastings and 1,670 dwellings across villages.

Rother District Council and its neighbouring Local Authorities are experiencing an overriding need for housing. Rother and almost all surrounding Authorities cannot show a five year housing land supply, and there is a documented under provision of affordable housing across Rother.

St Mary's Lane/Ninfield Road site

The site comprises a triangular land parcel of relatively flat land. It contains two properties set within generous grounds and an area of pastoral farmland. It is bordered to the south by a wooded embankment, beyond which is a recreation ground. There are a number of mature trees located within the southern part and an established hedgerow/tree line ah3ng the route of Ninfield Road.

Figure 1 (Land between St Mary's Road and Ninfield Road) included: http://www.rother.gov.uk/CHttpHandler.ashx?id=31162

Landscape Study 2016

The site was also considered within the North Bexhill Landscape Study 2016 as site F - Land Between St. Mary's road and Ninfield Road. Within the study the site was considered as follows:

'2. 4.28 - Landscape and Visual Sensitivity - This LDU has few significant landscape features and has relatively ordinary scenic value. It occupies an area of flat topography in proximity to Ninfield Road and the northern approach to Bexhill. It is well contained in views, although there are localised views from St. Mary's Lane and from the public footpath which extends along the southern boundary of the LDU.

2. 4.30 Capacity to Accept Change - This LDU has a Moderate High capacity to accommodate change owing to its relatively ordinary landscape character and limited visual sensitivity. Limited development in this location would not appear discordant with the existing settlement pattern on the northern edge of Bexhill. '

In assessing the site, on examination of the evidence, it was the only area in which the level of landscape sensitivity was described as consistently moderately tow and therefore was considered to have a capacity to accept change as 'Moderately High'. The only other sites to achieve this were sites D and E1 both of which are now allocated for housing development within the Plan.

In landscape terms the site should be considered viable, however, this did not translate to the subsequent allocation consideration.

Local Plan Assessments

The site was originally identified as a preferred site BX124 in the Issues and Options Local Plan Submission 2016 - (Figure 19. Bexhill North Housing Options Map).

Figure 2 (Taken from the Issues and Options submission 2016) included: http://www.rother.gov.uk/CHttpHandler.ashx?id=31163

When the site was considered by the Council at this stage the land was included as part of the overall North Bexhill Development options.

The site was then also considered under the Councils Sustainability Appraisal (Sept 2018) but was included in the much larger site allocation of BX131. Perhaps unsurprisingly, when considered within a larger site extending out into the countryside the Council raised a Major objection in terms of the impact on the natural and built environment.

Finally, the site was also referred to within the Sustainability Appraisal as part of the North Bexhill (BX133) Options and referred to as site B.

Figure 3 (Site plan taken from Sustainability Appraisal) included: http://www.rother.gov.uk/CHttpHandler.ashx?id=31164


When considering the site as part of both Options 1 and 2 the Council's appraisal found only minor negative impacts within the Sustainability Appraisal. However, the Council offered additional comment which states further considered that development west of the A269 would erode the countryside setting of this part of Bexhill and green gap to the Thorne.' Subsequently the site has not been brought forward as part of the land allocation within Policy BEX3.

We do not agree with this assertion not only because the site was analysed in the 2016 Landscape Study but because the level of development being afforded on the eastern side of the A269 would impact upon the 'green gap' to the Thorne and the site should have been considered in this context.

We find that the Council's own assessment of the site are too narrow in scope when referring to landscape impact of this site alone. As such the reasons provided do not justify the site being removed from allocation.

National Policy Context and Housing requirements

Paragraph119 of the NPPF 2018 states that 'Local planning authorities, and other plan-making bodies, should take a proactive role in identifying and helping to bring forward land that may be suitable for meeting development needs' This requirement follows from the NPPF 2012 which sought to maximise development potential.

The most recent 5 year housing land supply position for Rather (set out by the Local Plan Annual Monitoring Report April 2018) states that RDC have a land supply of 3.44 years in p\ace. The Council accepts that the under-delivery against housing requirements amounts to a 'persistent under-delivery of housing'; hence, a 20% buffer should and in line with paragraph 47 of the NPPF 2012 has been applied to the Council's requirement.

Local Housing Needs

The Council consider that through the implementation of sites now approved and allocated within the DaSA Plan the trajectory for development will ensure that future completions will supplement the persistent under delivery when sites come forward. However, this takes no account of external changes to demographics or policies in the future and whilst there is now the necessity to review a Local Plan every five years it is forwarded that the site should be included within the current Plan submission.

The last full assessment of housing requirements is set out in the Hastings and Rother Strategic Housing Market Assessment: Housing Needs Assessment dated June 2013. This informed the subsequent Core Strategy Local Plan requirement to deliver 'at least 5,700 new homes' over the 17 year plan period.

We argue that given that as the figures adopted originally by Rother within the Core Strategy Local Plan for housing provision were (and still are) expressed as an 'at least' number, it is incumbent on the authorities to be proactive in seeking to identify opportunities for additional housing development and this should remain the case for Rather.

To further emphasize the need for greater provision we are also aware that the Council's Local Plan Monitoring Report April 2018 confirms that they have not met their annual housing supply requirements and therefore have taken account that significant weight be attributed to the benefits of new housing.

In setting out the reasoning for the housing provision in forthcoming years Paragraph 2.36 of the Monitoring Report April 2018 confirms that 'Therefore, the Council resolved that pending the DaSA Local Plan and Neighbourhood Plans, sites that accord with the Core Strategy's overall development strategy and are suitable, deliverable and otherwise contribute to sustainable development, including circumstances where they are not within a development boundary, be considered favourably ' (Our emphasis)

As such we welcome that this admission that housing sites that come forward should continue to be viewed favourably is acknowledged within the reasoning behind the 'Overview' Policy which refers to housing targets and provision - Policy OVE1: Housing supply and delivery pending plans.

'In view of the fact that the annualised housing requirement has not been achieved to date and that housing delivery is likely to not "catch up" on present projections, it is considered appropriate to no/ only have a margin of over-provision. particularly in Bexhilll where there is a high reliance on a strategic site, but also to avoid unduly deferring the identification of suitable sites and to ensure that planning permissions continue to come forward in a timely manner.'

The pre-amble confirms that the historic under-provision is noted and that other sites brought forward should also be considered favourably subject to complying with other Policies. With regard to housing in settlements the secondary element of Policy OVE1 states that:-

.... planning applications will be favourably considered for development proposals in those settlements where:

(i) they contribute to meeting the housing target for that settlement and accord with the relevant spatial strategy; and

(ii) the site and development proposals are otherwise suitable having regard to other relevant policies of the Core Strategy, including the considerations in OSS2 and OSS3, and of this Plan.

We assert that the land between St Mary's Lane and Ninfield Road as shown in this documentation would comply with the principles outlined within emerging Policy OVE1 and would offer an opportunity to assist in exceed the provision requirements of the current Plan submission following the documented under provision of recent years.

Summary

Rother District Council needs to ensure that a suitable range of sites, of varying sizes and scales, are allocated in the Emerging Plan to ensure the delivery of a sufficient number of new homes to address the under delivery against the 5 year requirements. The Council needs to ensure that the Plan is flexible and able to meet the demands on it both in terms of providing for need but also delivering at a sufficient rate.
From examining and assessing sites through the call for sites process, it can be clearly seen that there is an insufficient supply of brownfield land or previously developed sites within the District to deliver the necessary level of housing supply. The lack of urban capacity for the delivery of a sufficient level of housing means that the utilisation of sites outside of the existing settlement boundary and the realignment of settlement boundaries in order to envelope such sites will be necessary in order to meet this need.

Taking account of each of the above factors we disagree with the Council's comments in its sustainability appraisal that the site is not suitable for development and assert that this land should be included within the remit of Policy BEX3.

The inclusion of this land will enable Rother to deliver a site in the District that would on a local scale provide a suitable and sustainable level of development that does not negatively impact upon the surrounding environment, and on a District scale provide much needed housing.

We would welcome the opportunity to provide verbal representation at examination in public.