Land north of Bexhill - Policy BEX3a

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 19 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 affordable housing across Rother.
In summary it is considered that the policies 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

Sites west of Watermill Lane

The Site constitutes a field which currently consists of grassland. The site is bordered by mature trees and hedgerows, and a Public Right of Way runs from west to east adjacent to the stream.

Our clients land is divided within the Plan between Policy BEX3a and BEX3b.
Policy BEX3a: Kiteye Farm and adjoining land

View - Disagree

Figure 1 - BEX3a plan taken from the DaSA - The land within our clients ownership is highlighted in red. (map attached: http://www.rother.gov.uk/CHttpHandler.ashx?id=31165)

The policy seeks to provide for an allocation of housing and open space provision including playing fields. Of particular relevance are criterion ii) and iv)

ii. an open space to include provision for playing fields of at least 2.64 hectares is set aside and laid out in the area indicated on the Detail Map;

iv. the lower part of the valley is kept open and laid out as part of a green corridor,
incorporating an enhanced footpath/cycleway, which should include a diversion to the north of Jim's Place;

We strongly disagree with the Councils allocation of this land as open space provision.

Paragraph 99 of the NPPF says "the designation of land as Local Green Space through local and neighbourhood plans allows communities to identify and protect green areas of particular importance to them. Designating land as Local Green Space should be consistent with the local planning of sustainable development and complement investment in sufficient homes, jobs and other essential services. Local Green Spaces should only be designated when a plan is prepared or updated, and be capable of enduring beyond the end of the plan period'.

Paragraph 100 of the NPPF says

"The Local Green Space designation should only be used where the green space is:

a) in reasonably close proximity to the community it serves;

b) demonstrably special to a local community and holds a particular local significance, for example because of its beauty, historic significance, recreational value (including as a playing
field), tranquillity or richness of its wildlife; and local in character and is not an extensive tract of land It is acknowledged that the agricultural land is (a) in reasonably close proximity to the community it serves, with public footpaths providing a connection east west through the site between Ninfield Road and Watermill Lane. However, it is strongly submitted that the site is not (b) demonstrably special to the local community or hold any particular local significance. It is also considered that the proposed area to be designated as Local Green Space is a peculiar choice given that it is not

(c) as local in character as other, more obvious sites around the town, and is most certainly an extensive tract of land which exceeds that which the Government has intended to encourage for such purposes.

Additionally, although it is appreciated that the nature of the use of land surrounding the site will change as the Plan progresses and development moves forward the new use will require a degree of landscaping.

As the site includes a substantial gradient from north to south it is not considered to be a suitable site for the provision of landscaped pitches given the significant level of engineering works required to level the existing gradient of land.

It is considered the site would be unsuitable for use as sports pitches in this regard and would be better placed for an increased modicum of housing development in line with adjoining uses being proposed.

Special to its community

With reference to the requirement that a site is 'demonstrably special to a local community and holds a particular local significance', the NPPF provides the example that such sites may be capable of fulfilling such criteria due to its;

* beauty,
* historic significance,
* recreational value (including as a playing field),
* tranquility, or
* richness of its wildlife.

Accepting that the nature of the use of land surrounding the site will change as part of this allocation the creation of enhanced facilities along the existing footpath would be of merit. This is echoed in paragraph 98 of the NPPF 2018 'Planning policies and decisions should protect and enhance public rights of way and access, including taking opportunities to provide better facilities for users, for example by adding links to existing rights of way networks including National Trails. '

However, the part of the land allocated for such improvements does not offer a level of significance worthy of retention in our opinion. It is respectfully submitted that this particular tract of land does not merit any specific designation on the basis that it is demonstrably more special to the local community than other land surrounding the town, due to its beauty. There is therefore considered to be already sufficient policy means in place to ensure the appropriate protection of the land surrounding the north Bexhill allocations and as such the Council's focus should be on the provision of housing as opposed to open space provision.

Sports Provision and need within Rother District

The Rother and Hastings Playing Pitch Strategy 2016 outlines the Council's intention toward future provision within the District. The Rather Playing Pitch Strategy (2012 - 2018) is contained within the report and identifies the provision for the District.

With regard to pitch provision the 2016 study confirms that '3. 3. 14 - Overall, the assessment results indicate that the quality of pitches across the study area is adequate, with a number of large, high quality and fit for purpose sites which serve a large proportion of the local residents'.

The quality of existing sports provision within Hasting s and Rother is identified as being adequate and as such there is no requirement for increase.

The demand for football pitches was also considered in the study '3. 5.3 - Table 20 illustrates that when considering the projected population to 2028 across the various age groups in Rother and Hastings, the study is not projecting any growth in the demand for adult football, if current trends continue. In fact, if the ratio of teams to population projections stays consistent, both local authorities will face a reduction of 2 to 3 adult teams.

The results of the survey confirm that the in terms of football pitch provision demand is unlikely to increase throughout the Plan period. However, when taken against the number of pitches available for different age groups the balance shows that there is an overall deficit of football pitches across Rather and Hastings, with only adult football showing a surplus of supply.

The study goes on to consider that 'To address the negative balance across adult and youth 11v11 pitches, it is recommended that additional capacity of 8 match equivalents per week is developed across the study area. This can be achieved through the development of 3 11v11 good quality grass pitches, the improvement of existing standard and poor quality pitches, or a combination of the two.

It is key to consider that whilst a need for pitches is established it suggests that existing facilities be upgraded rather than look to create entirely new pitches. The report goes on to state that 'The Councils should also explore the option of remarking adult and youth pitches as mini soccer pitches, to address the deficit and provide small children with fit-for-purpose football facilities'

Overall, there is an existing number of pitches and facilities that could be brought into more suitable use through upgrading facilities and drainage. These works could be carried out as an alternative to the provision of further sports pitches. Therefore, it is considered that the allocation of a substantial part of site BEX3a for sports pitch provision is unfounded and considered to be unnecessary when other alternative options are available. It is noted that Policy BEX10 for Northeye provides an opportunity to provide new playing field provision alongside redevelopment
there and which is supported.
Additionally, there are other facilities near to the proposed allocation and these can be found at St Mary's Recreation Ground and Gunters Lane playing fields site.

We conclude therefore that the policy is not consistent with the requirements of the NPPF and the allocations as currently set remain unjustified and are not considered to be the most appropriate or efficient uses of land within site BEX3a.

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