Land north of Bexhill - Policy BEX3b

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.

Therefore, it is also relevant to note the 2018 revision to the NPPF (paragraph 35) largely reflects the soundness tests in the 2012 version, but includes additional requirements. Point (a) in the 2018 NPPF clarifies that the expectation is that the strategy will meet OAN as a minimum and a for the strategy to be informed by agreements with neighbouring authorities. Point (c) is amended in the 2018 version to be clear that cross-boundary matters need to be dealt with, rather than
deferred, and for the Authorities to produce a Statement of Common Ground. Against both versions of the NPPF, we submit that the Regulation 1 9 Submission Version of the Wealden Local Plan (2018) is not sound.

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 housing.

In summary it is considered that the policy discussed within the Proposed Submission Local Plan require fundamental changes to address the significant shortcomings in the current strategy as discussed below. We thank you for the opportunity to provide feedback at this time, which we provide in relation to the proposed policies as follows

Policy BEX3b: Land west of Watermill Lane

View - Support (in part) - Disagree with level of development proposed

Land within my client's ownership to be discussed is highlights below and is covered within the above Policy.

Figure 2 (Site BEX 3b taken from the DaSA Plan - Land within our clients ownership highlighted.) included: http://www.rother.gov.uk/CHttpHandler.ashx?id=31166

The site is allocated for the development primarily of p to 13o dwellings and associated enhancements to footpath and creation of cycleway. The provision of housing at the site welcomes and the allocation is supported in this regards. However, the inclusion of open land to the north of the site to facilitate a green corridor is objected to. Of relevance are criterion i) and ii) below -
i. Some 130 dwellings will be provided within the residential area as indicated on the Detail Map, of which 30% should be affordable.
ii. The northern part of the site towards the stream course is kept open and laid out as part of a green corridor, incorporating an enhanced footpath/cycleway, which should extend to the planned playing fields (see Policy BEX3a);

The level of housing units proposed is considered to be fairly low considering the size of the allocation and the density of surrounding development. As such we would welcome greater housing numbers at this site and ensure that a suitable opportunity for housing is not missed.

Additionally the policy for housing provision in the adopted Local Plan for Rather is to deliver 'at least 5,700 new homes' which is the equivalent of 335 dwellings pa over the 17 year plan period.

Given that Rother have Local Plan policies for housing provision expressed as an 'at least' number, it is incumbent on the authorities to be proactive in seeking to identify opportunities for additional housing development.

Paragraph 123 of the NPPF 2018 mentions that Where there is an existing or anticipated shortage of land for meeting identified housing needs, it is especially important that planning policies and decisions avoid homes being built at low densities, and ensure that developments make optimal use of the potential of each site.' In these circumstances:

a) plans should contain policies to optimise the use of land in their area and meet as much of the identified need for housing as possible. This will be tested robustly at examination, and should include the use of minimum density standards for city and town centres and other locations that are well served by public transport. These standards should seek a significant uplift in the average density of residential development within these areas, unless it can be shown that there are strong reasons why this would be inappropriate;

b) the use of minimum density standards should also be considered for other parts of the plan area. It may be appropriate to set out a range of densities that reflect the accessibility and potential of different areas, rather than one broad density range;'

To serve to better facilitate this it is considered that development should extend further toward the stream to allow for a greater level of residential development. Additionally, the EA flood maps indicate that the only areas liable to flooding off the Coombe Haven appear to be to the north of the footpath. Additionally, the area of open space on the other side of Watermill Lane and the amenity green space to the north being proposed would still facilitate the requirement for the green corridor.

It is also noted that the 2016 Landscape Study included the entirety of this portion of the site within the area identified for development.

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.

The re-allocation of the land uses within these sites will enable Rather to deliver 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 consider that the level of development being proposed should be increased further toward the stream to allow for a greater benefit from housing than that being proposed for open space provision.

Taking account of each of the above factors we disagree with the Council's justification for its allocation of land uses within policy BEX3b and would request that these be robustly tested at examination.

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